A.—3.
Sess. 11., 1891. NEW ZEALAND.
FEDERATION AND ANNEXATION: PACIFIC ISLANDS. (APPOINTMENT OF A RESIDENT AT RAROTONGA, COOK GROUP.)
Presented to both Houses of the General Assembly by Command of His Excellency.
No. 1. Memorandum from the Hon. the Premier to His Excellency the Governor. Parliament having last session provided a salary for Eesident at Barotonga, on the understanding that the Government of this colony should nominate a suitable person for the appointment, the Premier has the honour to inform His Excellency that the Government has decided to nominate Mr. Frederick Joseph Moss, of Auckland, late member of the House of Representatives for Parnell. The Premier respectfully requests that the Secretary of State for the Colonies may be informed of his nomination, so that Mr. Moss may be appointed and enter upon his duties at as early a date as possible. Premier's Office, Wellington, 25th October, 1890. H. A. Atkinson.
No. 2. His Excellency the Governor to the Hon. the Premier. I have sent the following telegram to the Secretary of State: " Frederick Joseph Moss, author " Atolls," is selected for appointment as Resident, Rarotonga; am quite satisfied. Now proceeding unofficially; reporting personally to me on his return. Disturbances there. Send as soon as possible the necessary papers.—Onslow." I shall be glad if you will instruct Mr. Moss to call on me on his return from Rarotonga. I have sent the following telegrams on the same subject. 27th October, 1890. Onslow.
No. 3. His Excellency the Governor to R. Exham, Esq., British Consulate, Rarotonga. The following letter has been transmitted by mail to the Queen of Rarotonga, will you inform Her Majesty of its contents. 27th October, 1890. Onslow.
I have the honour to acquaint Your Majesty that I have to-day cabled to the Secretary of State, to inform him that the Government of New Zealand desire that he will advise Her Majesty to appoint Frederick Joseph Moss, late member of the New Zealand House of Representatives, as Resident at Rarotonga. Mr. Moss will leave at once to visit Rarotonga in an unofficial capacity. He will report to me fully on the state of affairs in the Islands, and will convey any expression of
I—A. 3.
A.—3
2
opinion on the part of Your Majesty's Government which you may desire that I should receive. When Her Majesty the Queen has signified her approval of Mr. Moss's appointment, he will receive the necessary instructions for his guidance at my hands, and then return to take up his duties at Earotonga. Eecommending Mr. Moss for favourable reception. I have, &c, 27th October, 1890. Onslow.
No. 4. Telegram from His Excellency the Governor to Mr. Moss, per s.s. " Kichmond." Eussell, 27th October, 1890. I understand that you will proceed at once to Earotonga before receiving Her Majesty's approval of your appointment as Eesident. You will please understand that you have no authority to advise or act on behalf of Her Majesty—that your visit is entirely unofficial; and that, on your return, should the appointment be confirmed, you will report to me upon the state of affairs in Earotonga, with special reference to the importation of spirituous liquors, and the possibility of aiding the local authorities to put a stop to it, and as to the alleged expulsion of a British subject from Mangaia, upon which you will receive instructions for your guidance after your appointment as Eesident. Onslow.
No. 5. Despatch from His Excellency the Governor to the Secretary for the Colonies. (No. 55.) My Lord,— Wellington, 31st October, 1890. I have the honour to inform you that I received the following memorandum from the Premier on the 25th instant. I insert memorandum advising appointment of Mr. Moss. Mr. Moss was some time member for Parnell, one of the suburbs of Auckland, and prior to that filled the office of Provincial Treasurer of Otago. The character of Mr. Moss has always stood high in the estimation of his fellow-colonists, and I consider that the Government of New Zealand have been fortunate in securing the services of so well qualified an individual for a post the emoluments of which are but small. I have already informed your Lordship by telegraph of the recommendation of my Advisers, and have requested your Lordship to take steps to fulfil the wishes of my Government at the earliest possible date. There has been a slight disturbance in one of the islands of the group, and a gentleman claiming the rights of a British subject states that he has been compelled to leave the islands. Mr. Moss has already considerable experience of the Pacific Islands, and his work " Through the Atolls " is doubtless known to your Lordship. As some time must elapse ■ before the appointment of Mr. Moss can be received, Mr. Moss proposes, w T ith my sanction and at the expense of the Government of the colony, to pay a visit to the Hervey Group and report to me on his return as to the state of affairs there, when I shall give him the necessary instructions for his guidance, after taking the advice of my Ministers thereon. I have given Mr. Moss clearly to understand that his present visit is purely unofficial, and that he is not empowered in any way to act for or advise on behalf of Her Majesty, and I have heard from Mr. Moss that his action will be entirely guided by those considerations. I have, &c, The Eight Hon. Lord Knutsford, &c. Onslow.
No. 6. British Eesident at Earotonga appointed. Colonial Secretary's Office, Wellington, 25th November, 1890. His Excellency the Governor directs it to be notified that he has received Her Majesty's commands to appoint Frederick Joseph Moss, Esquire, to be British Eesident at Earotonga, in the Cook or Hervey Islands, and to act for the Colony of New Zealand as Government Agent in all matters relating to trade. Fred. Whitakee. (In the absence of the Colonial Secretary.)
No. 7. Mr. F. J. Moss to His Excellency the Earl of Onslow. My Lord, — Avarua, Earotonga, 21st November, 1890. I have the honour to report my arrival here on the 18th instant, having left Auckland on the 2nd in the trading schooner "Torea."
3
A.—3
When in the latitude of Mangaia we met with adverse winds, and the master of the " Torea " decided on calling at that island for trade purposes. I spent the day (the 17th) ashore, and learned much about the general condition of affairs there. The Eev. Mr. Harris, who has been the missionary in charge for the London Missionary Society during the last twenty years, kindly acted as interpreter with the natives, ani explained the purposes for which I had come among them. They assembled in considerable number in front of the mission-house, with presents of fruit and food in token of welcome. The number of healthy-looking children at the gathering was a pleasant and noticeable feature. The Mangaians are a robust, manly people, of the same race as the Maoris, and calling themselves by the same name, but with ruggedness toned down by a milder climate, and habits modified by the more attractive temperature of the fresh and salt water. Like the Maoris they are a proud people, with strong feelings and great determination of character. Their old tribal fights were marked for generations by the same savage passion and obstinacy as those of New Zealand. The chiefs connected with the expulsion of Mr. Pearse—the trader into whose case I came more particularly to inquire—had prepared a written statement in anticipation of the visit of a man-of-war. I explained that my present visit was accidental, and that I should return soon to hold a public inquiry at which all concerned would be present. To save time, however, I accepted the statement on-the understanding that it should be handed to the Esv. Mr Hutchin, the Missionary at Barotonga, to be translated and retained by him till Mr. Pearse's statement should also be in my possession. On my arrival here I found that Mr. Hutchin was absent in the mission ship "John Williams," on a distant inspecting tour; but Mr. Exham, the Acting British Consul, gave me a copy of Pearse's official complaint, and undertook to find a trustworthy interpreter for the papers given to me by the Natives. I have received from Mr. Exham ready help, and have also been fortunate in meeting here the Eev. James Chalmers, of New Guinea, who was, for fourteen years, the Missionary at Earotonga, and is now on a visit to obtain Earotongan teachers for New Guinea. Mr. Chalmers returns to his distant charge by way of New Zealand, and will be a passenger on the steamer " Eichmond," now hourly expected. The great confidence placed in him by both Natives and Europeans has rendered Mr. Chalmers's help especially valuable. The existing native governments have grown up under missionary guidance, are somewhat theocratic in character, and take their tone in the different islands from the missionary for the time being. At Mangaia church-membership is an indispensable qualification for public life, from the King to the policeman. All church-members are also ex offlcio "policemen" (more properly, elders and deacons), and responsible for the due observance of the law. The officials thus comprise a large number of the adult male population. Their pay depends entirely on the fines levied for offences, the fines being divided among them. Originally these offences were breaches of moral law or of church discipine. To them are now added offences of a purely secular character, but the old penalty, suspension of church-membership " for breaking the law," still follows the fine. The suspension is regarded as a grave discredit by both chiefs and people, deprives the suspended of all civil privileges, and isolates him. This development of the old system and its application under new conditions, play a large part in the troubles at Mangaia where the old law is still stringently enforced. The islands of the group differ from each other in their legislative and political arrangements. In Earotonga the Arikis, or kings and queens, are supreme. At Mangaia the chiefs really rule, and make or unmake the Arikis at their pleasure. The Arikis there do not exercise any direct power, but, as they always represent old and illustrious families, their prestige is great. Their chief office is to communicate the will of the chiefs to the people. The chiefs make the laws. The Judges (Magistrates) administer them, with few checks and no regular forms of procedure or record. The " policemen " give effect to their decisions. At Mangaia two kings were ruling the same tribe; but one of them, being found guilty of aiding Pearse and the other traders contrary to law, has been publicly deposed. This involves the loss also of his church-membership, which seems to be regarded as a much the more serious of the two. The traders at Mangaia are only three in number. One of them, a Mr. Craig, has been less than three months on the island, having gone there to take temporary charge of the buildings and property left by Mr. Pearse on his expulsion. Mr. Craig, the day before my arrival, had successfully amputated the hand of a native, damaged by rashly using dynamite to catch fish. He was less successful in dealing with a troublesome back tooth for the Eev. Mr. Harris, having, after many energetic efforts, broken it at the stump and caused the reverend gentleman much pain, from which he was still suffering when I saw him. This did not prevent Mr. Harris helping me, though it made him unable to leave his own. house. These incidents will not, I trust, be considered trivial by your Excellency. I mention them as casting a useful side-light on the relations, under trying circumstances, between the traders, the natives, and the missionary, who are all at violent issue, and make the most bitter formal complaints against each other. As to the natives, all the traders agree that their behaviour is courteous and kindly. The traders are on the best terms with them personally, but complain bitterly of the laws they are expected to obey, and of the humiliation to which they are subjected by the native methods of giving the laws effect. The second trader is a Mr. Ward, connected with the " Societe Commerciale," a German company established at Tahiti. He has been only two months at Mangaia, and on arrival was refused either land or building—in effect, boycotted by law. The natives took charge of his goods and placed them in a native building. They still remain there, though he is allowed access to them for inspection and for removal to the Market-house when that building is opened for business on a vessel's arrival. The third European is a Mr. Brown, in Pearse's employ when the latter was removed from the island,
A.—3
4
The old custom of the natives at Mangaia and some other islands, was to have a rude native building, which they call the Market-house and in which only any buying and selling could be done. The object was to avoid the establishment of white men on the island as permanent traders. Mr. Pearse was, however, allowed to open a store some eighteen months ago. Hβ hired a building, and was further, some months later, allowed to rent a section of the adjacent land to build for himself upon it. This building, a house and store of considerable size, now stands unused and not quite finished. The native authorities also dispute the title of the man who leased the section to Mr. Pearse. They will not allow the buildings to be completed, nor even painted for preservation. With reference to the Market-house, I may add that $3 per ton are levied on all produce or goods taken there, as a charge for shipping or landing them through the surf. The authorities perform the service, which is thus a Government monopoly. They also charge $3 per day to each trader by whom the Market-house is used. These charges, and the Court fines before referred to, form all the public revenue. One part of the fines and fees goes, at Mangaia, to the Arikis, another to the Mataiapos (or chiefs), and a third to the policemen. A similar division takes place in the other islands. Pearse's arrival at Mangaia caused no difficulty. Ward's subsequent appearance alarmed the natives, who began to think that their island was being overrun and would be demoralised by a rush of Europeans. Mangaia is only twenty-five miles in circuit, with much useless land, no anchorage nor harbour of any kind, and with two thousand people now inhabiting it. The fear of being overrun was evidently groundless. The landing, only practicable by canoes through heavy breakers, is in itself a sufficient protection. Laws, however, were promptly made to meet the supposed emergency. All trade was again prohibited except at the Market-house, and then only on the rare arrival of a trading-vessel. The enforcement of this law was the proximate cause of the existing difficulty, though minor causes and personal interests among the natives themselves are not unlikely to be discovered on investigation. The suspension of church-membership, imposed upon natives siding with the traders, produced additional bitterness. Very little would have caused this to find vent in bloodshed, for many of the chiefs of Mangaia, especially those at Iverua, resent the Market-house law as grievous and unjust. They offered to bring three hundred men to Oneroa, the seat of the difficulty, and restore the traders to their old position; but the latter very rightly declined, preferring to wait patiently the visit of a man-of-war. I indulge the hope, from what I have seen, that such a visit will not ba found necessary. The position of the missionary, the Eev. Mr. Harris, placed between contending sections of his own people, is obviously delicate. He does not, therefore, wish to take part in any of the proceedings, but acceded to my request to act, in case of need, as interpreter at the meeting which I propose to hold on my return to Mangaia, It is difficult to get a trustworthy interpreter unconnected in any way with the parties concerned. On the Bth September last Mr. Exham, Acting British Consul, called the natives together at Mangaia to make inquiry into Pearse's case. Feeling ran so high, and the opposition to chiefs who had been deprived of church-membership taking any part in the proceedings was so strong, that the meeting broke up in violent confusion. The feeling has now cooled, and the natives see more clearly the gravity of the act of expulsion. This, and their cordial welcome, lead me to believe that no similar difficulty need be now anticipated. All possible precautions shall, however, be taken. Mr. Exham will go with me, in the " Torea," through the group, and be able to give valuable help from his long experience and local knowledge. I find also that the report current in New Zealand that Pearse was acting for him in some official capacity is entirely without foundation. The work with which your Excellency has been pleased to intrust me will evidently be more difficult and complicated than was expected. . The best means of promoting the general improvement of the islands will require careful consideration, and it will be necessary to secure the confidence of the native chiefs. This confidence will be readily given when they are convinced that Her Majesty's Government desire only their good, and, once given, will not be readily shaken. Their devotion to the missionaries is sufficient proof of this. Rivalries among themselves, and business jealousies and intrigue among the Europeans, may occasionally do harm, but the existence of so many independent Arikis—there are three in Earotonga alone—will be the chief difficulty in carrying out measures for the general good of the group. A General Council may be created by the natives for the government of the group, but that will be a work of time. If representatives of the foreign residents could be admitted to such a Council it would be a powerful means of cementing interests, educating the natiyes politically, and creating a permanent good feeling between the races. That feeling is now excellent, and of the three Arikis in this island my impressions are most favourable. They expressed the greatest pleasure at the arrival of a British Resident, and promised readily to work together for the good of their people. Queen Makea has invited the other two Arikis and the chiefs to meet me at her residence tomorrow, and has agreed to dispense with the terrible waste of the usual tribal feast at that meeting. As these ladies and their chiefs are extremely jealous of the reputation for hospitality of their respective tribes, the concession is more important as a precedent than may at first appear. These feasts are also serious obstacles to any real business being done. There is no attempt at system in the government, nor any public finance. The officials must have a more definite position, and be largely reduced in number. The judges and other officers should be placed in receipt of regular pay, and not be dependent on the fines which they levy in administering the law. A Customs revenue of the usual elaborate kind is impracticable, owing to the small returns and necessarily great cost of collection. Some other means of raising a revenue must be devised. If, meanwhile, a few hundred pounds per annum were, for four or five years, placed at the disposal
A.—3.
of the Resident to supplement local revenue, the natives, seeing the good result of a regular government, would soon learn to pay for its proper maintenance themselves. It is also to be hoped that their position would then be sufficiently improved to make it the more easy for them to do so. The currency is in great confusion, consisting almost entirely of debased South American coins that drive all good money out of the market. A General Council only could deal with this question, and with the raising of a revenue for the whole group. Earotonga is a very beautiful, healthy, and fertile island, noted for its coffee, fruits, tobacco, and similar produce. The only road is one round the island, near the sea, and others are'much required to open up the country and stimulate industry. The natives are an intelligent and teachable race, and ought to become competent to manage their own affairs. They are very loyal and very proud of belonging to Great Britain. The first step towards improvement must be the immediate and effective handling of the liquortraffic, with the prevention of their secret manufacture of a " bush-beer," said by some here to be worse than the imported spirits sold among them. The beer is made in secret piaces in the dense and uninhabited bush, of which there is a considerable extent in this mountainous little island. The only apparatus required is a large tub, in which the oranges, bananas, or pine-apples are left to ferment for a short time. The effect of the liquor drunk in this state is said to be maddening. The sale of imported spirits can perhaps be effectually controlled by dealing with them in the same way that arms and ammunition are treated in New Zealand—only allowing the sale to persons receiving permits from properly-authorised officials. If this were found to fail, prohibition will be the only alternative, but is so likely to lead to continued breaches and contempt of the law that, in my opinion, it should only be regarded as a last resource. Scenes of drunkenness and debauchery amongst the natives, resulting from imported drink and from their bush beer, are becoming too marked a feature in their social life, and demand immediate attention. It will be necessary to have a small body of regularly-paid though inexpensive native police ; but how to raise the money in the first instance is a difficulty that will cause grievous delay, unless a small annual grant-in-aid be made for a few years. Venereal is becoming sadly prevalent amongst the natives, and there is no means at present of dealing with this disease, as deadly as their drink, and perhaps even more so. There is no surgeon and no place for the treatment of patients. One case of supposed leprosy occurred. This was treated by the natives in their own barbarous way by burying the patient, who was killed, some say, by the process. The natives are expert whalemen, and build their own fine whaleboats ; have one schooner which they use for trading with Tahiti, and are building—entirely by themselves—a vessel of some 90 or 100 tons, now on the stocks at this island. She is constructed of Earotongan timber, cut by themselves, and the hull is nearly completed. The French authorities at Tahiti have been very considerate in the past, but the absence of a flag for the protectorate and a regular registry for shipping may cause trouble at any moment to Native vessels trading to the French colonies. I shall perhaps be able to inform your Excellency by.the steamer, expected at any moment, of the result of the meeting of Arikis and chiefs convened by Makea ; also of the result of an informal meeting to which I have invited the white residents this afternoon. lam very anxious to get their co-operation in suppressing drunkenness, and in securing respect for the Courts by which the law is now supposed to be enforced. These are beyond the purposes for which I am specially here, but I shall be careful to have it understood that lam acting on my personal responsibility only. The evil is so crying that I feel no time should be lost in dealing with it, and trust your Excellency will approve the steps I am thus taking. I have, &c, Feedekick J. Moss. His Excellency the Earl of Onslow, G.G.M.G., Governor of New Zealand, &c.
No. 8. Mr. F. J. Moss to His Excellency the Governor of New Zealand. My Loed, — Avarua, Earotonga, 21st November, 1890. 1 have great pleasure in stating that Queen Makea has agreed to put up a suitable building for the Eesidency. Makea and her husband (Ngamaru), who is the Ariki or King of the three islands of Mauke, Atiu, and Mitiaro, take upon themselves the task of securing contributions to the cost from other islands. Makea proposed this at once on Mr. Exham speaking to her about the provision of a proper dwelling. She has since left it to me to select a site from any land at her disposal. I have chosen a very beautiful site near to Makea's own residence and the Mission. Makea will convey the land to Her Majesty the Queen. Makea has also placed at my disposal a room for an office, and has invited me to take up my quarters at her residence—called here the palace—on my return from the tour of the islands. The palace is a large, double-storied, stone house well built, and furnished with good taste and in good style. Makea will probably not write herself to your Excellency, and I would beg to suggest an acknowledgment to her direct, which I am sure would be much appreciated. In communicating with the Arikis, it would be well if some regular official style were prescribed. I find that among the natives Makea is simply spoken of as " Makea," the name of the long line of ancestors from whom she is descended. The Europeans speak of her as "Makea "or "Queen Makea"
5
A.—3.
indifferently, but address her by the former title only. The styles adopted by the mission are " Makea," and " Madam the Ariki." While writing on the subject of the Eesidence, I take the opportunity of respectfully representing to your Excellency that I find the salary provided for the Eesident will be entirely inadequate. This place is much more advanced, and the style of living much more expensive, than is usually thought. I raised no question as to the salary when accepting the appointment. The work is in itself very attractive; but I trust to be excused, in the light of further experience, for bringing this subject to your Excellency's notice. I have, &c, His Excellency the Governor of New Zealand, &c. Fredekick J. Moss.
No. 9. Mr. F. J. Moss to His Excellency the Governor of New Zealand. My Lord, — Avarua, Rarotonga, 22nd November, 1890. The steamer " Richmond " arrived this morning, and is now on the point of departure. I take the opportunity of giving the latest information as so little is known about these islands in New Zealand. Yesterday afternoon I met the foreign residents, or papaas as they are called by the natives, at the office of Mr. Exham, the British Consul. They came by invitation, and about twenty attended, including Englishmen, Americans, Germans, and Chinese. I told them that the meeting was to be regarded as quite unofficial, but that I desired to see them about the liquor-traffic, the abuses in which, and if necessary the traffic itself, must be promptly suppressed. Some of these gentlemen laid the whole of the blame on the home-made "orange" and "bush ,, beer, and protested so vehemently that I am disposed to think that beer not so much to blame as I was at first informed. I shall, however, be able to speak better on that point hereafter. The great majority were anxious, as they said, to see the trade regulated, and I am sure many of these were in earnest. I urged them to respect and obey the native Courts, informing them that I intended to advise the chiefs as to the more regular constitution of such Courts; would arrange for keeping a regular record of proceedings, and for the transmission to your Excellency of a monthly return of all cases heard and judgments given. They might thus rest assured that when I returned with proper authority, they would be compelled to pay any fines justly levied, even if they evaded doing so in the meantime. The meeting enabled us to come to a common understanding, and I think will, at least, have the good effect of stopping any further considerable importation of spirits to what must now be regarded as a very uncertain market. I shall be able to go better into this on my return from the other islands to Rarotonga. The native meeting to-day has just ended. Makea forbore the usual tribal festivities, and was content with a well-arranged banquet in her fine dining-room. The dinner was served in good European style. The Queen herself sat apart and ate nothing, it being etiquette that she should give her whole time as hostess to watching for the comfort of her guests. Mr. Chalmers was again kind enough to attend and interpret. The services that this gentleman has kindly given me have been most useful, and I shall see him off by the " Richmond " with much regret. Ngamaru, as we were leaving the room, got up to speak. He desired to say that he was of the twelfth generation since his family had ruled alone in his islands, and had not seen a meeting conducted as ours had been. He was pleased with the new style, and hoped it would be the beginning of a new time for the people of Rarotonga. Ngamaru and Makea are both well up in years. The meeting of the Council was held in the drawing-room of the " palace." The three ruling Arikis and two other Arikis were the legislators. The rest of those present were relatives, schoolteachers, and attendants. I opened the meeting at their request, informing them of my views on the liquor-trade, and repeated what I had told the foreign residents yesterday. They debated the question at some length. Some favoured prohibition; others thought that it would lead to great difficulty, and require some one to search almost every package that was landed. All defended the orange-beer, and declared that the Europeans only laid the blame upon it because they wished to make money by selling the imported article. Makea said that the captain of H.M.S. " Hyacinth," when the flag was hoisted, had told them their laws would be obeyed. He had urged that they should make the laws equal and just for native and foreigner alike. She had always done so, and would do so still. She insisted that the wrong was in the imported spirits, and not in the home-made beer. The one also was a thing in which her people spent their money and were ruined ; the other they made at little cost to themselves. She named several who had recently died from drinking imported spirits, and urged that something should be done quickly. " Here," she said, "is the pit for the land—the grave for it— the one grave, and that is the foreign spirits. It is the pit which causes all the sorrow to the mothers and children —the foreign spirits. The church-members that fall do not fall by the orangebeer, but by the imported spirits. This is the case." Pa, ihe ruling Ariki of Takitumu, followed in a similar strain, and was equally strong in her denunciation of the foreign spirits. She also complained that all the drink came from Avarua—the port in Makea's district —into her village of Ngatangiia. She gave many cases in illustration. She referred to one of her people who, drinking with several others, called out to pull down that dirty rag, pointing to the English flag. For this insult to the flag she had fined him $50, which was lying at her house waiting for the Eesident or some one else to take it in charge. The fine would have been much greater only that the culprit was at the time drunk, and with imported spirits too.
6
A.—3.
Tinomana, ruling Ariki of Arorangi, spoke to the same effect. Strong drink, and that of foreign manufacture, was the only thing that gave them trouble. The sellers were sometimes Europeans and Americans and sometimes Chinamen. They brought it secretly into her district. A Chinaman had just paid his native workmen in spirits, and she had fined him $15, and each of the men $5. The Chinamen paid their fines. The Europeans did not in all cases, and when they did pay, it was not in cash. If a native was fined he had to pay or they took his property. Makea's own cousin was fined, and they took his boat, as he had no money. But here was a European (whose name she mentioned), who, when fined, sent one box of matches, one bar of soap, a few sticks of tobacco, and a lot of old cloth eaten by rats. He valued them at the $15 he had to pay, and she had to take them for it. What else could they do ? She was glad there was some prospect of a change, and that when papaas were fined all would have to pay alike, either in cash, or, if they had not cash, in goods to the full value thereof. Ngamaru said, " Let us drink our own old drink, the kava, like our fathers. No one will trouble us about that, and it will do us no harm. Let the papaas drink their own drink, but let the natives stick to that of their fathers." I may observe, to avoid misconception, that Ngamaru was remarkably well dressed in light European costume, and that the Arikis would have been thought well dressed anywhere. Ngamaru and his people have certainly not adhered to the customs of their fathers in that respect. The meeting —which was opened with prayer by one of the native teachers—closed with a denunciation of all drink by the native teacher of Ngatangiia. He gave another illustration of the way that the papaas paid their fines. One (whose name he also mentioned) made them take three tins of salmon, one bag of rice that even the pigs would not eat, a few tins of preserved meat, and only $2 in cash. On my seeking further information, I found that the culprit and the Judge sometimes settled the value of the articles between them ; but that in most cases the police had to wait at the door of the trader who had been fined—sometimes for a whole day—and were at last glad to compromise and take what he would give them. "What else, they asked me, can we do ? The chair, at the request of the Arikis, was then taken by Tepou, the native Judge of Avarua. I urged them to act systematically in future, and keep clear records of their Council meetings. It was for this purpose that Tepou was put in the chair. The occasion was the first on which such a formality had been observed, or any chairman appointed at all. A record of the proceedings was duly made, and the following law passed : " The men who sell foreign drink in this land to any native, be the seller foreigner or native, shall be fined $150, money down (cash only). The buyer shall be fined $5 (cash only). The law as to orange and other native beer is as of old, and the man who makes it is to pay $15, and the natives who drink it $5." " Tepou is hereby appointed by us to give effect to this law from the 24th instant. He is to act for Avarua, Maovete is to act for Ngatangiia, and Takao for Arorangi." Makea, Abiki. Kaeika, Aeiki. Tinomana, Aeiki. Kainuku, Aeiki. Pα, Aeiki. Countersigned—Tepou, Director (Chairman) of the Council. I have just come from Makea's. The proceedings were in Earatongan. The translation for this report was somewhat hastily made while they were going on ; but I trust that it will give your Excel - lency a clear idea of the condition of affairs. It is plain that the system of officials dividing the fines among themselves must be altered, and a regular pay substituted. For this purpose the temporary grant of a few hundreds a year to which I have referred would be invaluable. It would at once change the aspect of affairs. Meanwhile I shall be obliged, I fear, to remain here till the return trip of the " Richmond " in February instead of leaving in December, as it will be necessary to set the Courts as fairly at work as possible. The Europeans are well disposed, and very few are likely to throw any obstacle in the way. If they should do so after I leave, the natives will report the cases for your Excellency's information. I have informed the Europeans that this would be done. I have, &c, Feedeeick J. Moss. His Excellency the Earl of Onelow, G.C.M.G., &c, Governor of New Zealand. P.S. —The "Richmond" having now arrived, the " Torea " will leave this for Mangaia and the other islands on the 24th or 25th instant, and I shall visit them in her.
No. 10. Mr. F. J. Moss to His Excellency the Goveknoe, Wellington. My Loed, — Auckland, 17th January, 1891. Referring to my Despatch No. 1, of the 22nd November, 1890, I have now the honour to state that, on the sth December, I began at Mangaia the inquiry into the expulsion of H. W. Pearse from that island, and continued it on the following day. I annex a full report of the proceedings for your Excellency's information, and beg leave to make the following observations in connection therewith :—- The people of Mangaia are divided into two parties, who have taken opposite sides in the Pearse affair. The suspension from church-membership freely exercised, has tended to embitter the quarrel; and I venture to suggest that the sooner this custom is allowed to drop into disuse, where temporal matters only are concerned, the better it will be for the peace of the church and the
7
A.—3
8
people. It is very rigidly practised in Mangaia. In Barotonga, and in some of the other islands, the custom has been allowed to fall into desuetude. The tribes of Oneroa and Tamarua are chiefly of one mind in this quarrel, but a minority among them side with the strong people of Iverua who have espoused Pearse's cause. The quarrel is said to be not without risk of bloodshed if allowed to continue unsettled, for the people are from of old combative and very determined. The first question raised is, how far the "authorities of the land," as they are styled by the Rev. Mr. Harris, have power to prevent trade being carried on in any other way than in the Market-house, and at any other time than on the arrival of a vessel at their island. The people of Mangaia and of the most northern island, Aitutaki, are very anxious to have an answer on this point as soon as possible. Arising from it is the further question : Supposing the power allowed, can it be exercised in distrcts, such as Iverua, unwilling to adopt the rule ? If allowed at Mangaia or Aitutaki can the power be used at Earotonga, where there are many traders, with a large amount of valuable foreign property. The native Council in each island is supposed to legislate for the whole generally, but each tribe is jealous of its independence, and resentful of interference. In any case, if allowed to enforce this law without payment for damage sustained by those who have already settled under a different system, grave injury may be inflicted. There is the further question : how far such a rule could be enforced on other than British subjects ? Mr. Ward, an agent of the Societe Commerciale (a German company operating from Tahiti), attempted, about six months ago, to open a store at Mangaia, as mentioned in my despatch, No. 1/90. The natives refused to let him do so, and, he asserts, took forcible possession of his goods, to which, however, they allow him free access. He can only sell when a vessel arrives, and must then take his goods to the Market-house. I do not know if the Societe Commerciale has made any complaint. If so, it would probably be to the High Commissioner, Sir John Thurston, G.C.M.G., in Fiji, or to the German Government in Berlin. I mention the case again here, as bearing upon the general question, for your Excellency's consideration. With reference to the " settlement land" referred to at various times in these reports, I may observe that in all the islands land was set aside, on the introduction of Christianity, in order that the natives might be able to build rent free, and live near the church and school. At Earotonga, when foreign residents arrived and wished to get building-sites for trade purposes, it gradually became the practice to lease a site to them for a period of years at a ground-rent, generally of $50 per section per annum. The rentals go, in these cases, to the chief or chiefs by whom the land was originally placed in trust under the London Missionary Society. The natives live together in villages of their own near to, but apart from, the foreign residents. I beg leave also to point out that the lease of the land on which Mr. Pearse built, whether it be good or not good as a lease, is interpreted by the natives as giving, at the utmost, a yearly tenure, while Mr. Pearse holds that the tenure was to last as long as he continued to pay the stipulated rental. The value of the house and "store put up by him is certainly not less than £320 in its present unfinished state. The native dissentients further dispute the right of the chief, Ata, to grant a lease of the land to Pearse at all. They say that his ancestors were conquered and driven away seventy or eighty years ago, and only allowed, as an act of grace, to reoccupy the land at a much later date. They maintain that this only gives him the right of occupation, certainly not of alienation. I have, &c, Fbedekick J. Mosh. To His Excellency the Earl of Onslow, G.C.M.G., Governor of New Zealand.
Bcport on the JExpttlsion from Mangaia, on the 25th August, 1890, of Mr. Harry Worth Pearse. On the 25th November the schooner "Torea" resumed the voyage from Earotonga, and started for Mangaia, but adverse winds compelled us first to visit Aitutaki and Atiu. We therefore did not arrive at Mangaia till the sth December. The Acting-Consul at Earotonga, Mr. Exham, went with me, and had engaged an interpreter, who failed us at the last minute. No other was to be obtained; but, fortunately, the Eev. J. Chalmers had not left by the " Biehmond," as he intended, and, on being informed of the difficulty, kindly accompanied me in the " Torea." The aid given by Mr. Chalmers throughout my stay in the group, not only as an interpreter but as an adviser whose long experience of the people rendered the advice peculiarly valuable, claims from me the most ample recognition. On landing, I arranged through the resident missionary, the Eev. G. A. Harris, for a meeting of the chiefs, confining it to the chiefs in order to lessen the chance of disturbance similar to that which broke up the meeting of the 9th September, held by the Consul, and referred to in my despatch of the 21st November. At Mr. Harris's request, it was decided that he should not attend unless specially required. Mr. Pearse, who had come for the purpose in the "Torea," was present with the other foreign residents. The native chiefs were well represented. They included the ruling Ariki, the deposed Ariki (King John), the Ariki of Tamarua, the Governors of Oneroa, and the chief Ata, who had leased the land to Pearse. There were also present the Chief of Police, and a number of others, between seventy and eighty persons in all. The natives were sullen and determined, and in a very different juood from that in which I had first met them. Only two of the settlements, Oneroa and Tamarua,
9
A.—3
were represented. The people of these settlements objected strongly to the chiefs of Iverua beingsent for, as they were somewhat bitterly at issue on this question. I deemed it better not to delay the meeting by insisting upon Iverua being represented. Nor should I deem it prudent to bring them unwillingly together, unless with sufficient means at hand to secure the maintenance of order at the meeting. After explaining that my duty was to inquire into the facts, and report to your Excellency, I read Mr. Pearse's complaint, as embodied in his letter to Mr. Consul Exham, dated the 27th August, 1890. It was as follows : — 1. In the month of January, 1889, I first landed at Mangaia, and procured from a chief named Ata a house in which to carry on my business. 2. In the month of September, 1889, I rented for building purposes a piece of land. This was done at a full meeting of the chiefs and with consent of the trustee—namely, the agent of the London Missionary Society, who are trustees for all settlement lands in Mangaia. 3. Early in July, 1890, I began building on the above land. On the 16th I was ordered by three Governors to stop building. I was also informed that any person or persons buying or selling goods or produce at my store would be fined $100. I refused to stop work, as my permission to build was from a higher authority. On the 17th I was again ordered, by nine Judges, to stop building. I then stopped, and applied to the King (John). By him I was told that the work was not stopped by his orders, and that I was to continue building. The work then went on smoothly till the 28th, when the native carpenters were heavily fined, and were suspended from church-member-ship fora term of six months, and ordered not to return to the work. King John himself was fined and deposed. Ata, my landlord, who is also a Governor, was fined and suspended from churchmembership. Eight other persons (two being deacons of the church) were also fined for trading at my store at Iverua. They were fined $60 each, and the church-members among them were suspended for six months. 4. On the 25th August I commenced landing goods from the steamer " Little Agnes," and after a portion of the said goods had been landed on the beach they were taken back to the vessel. I was then informed that no goods were to be landed from the vessel. These goods were more or less damaged by salt water on being returned. 5. On the same day, 25th August, one of the Judges, named Eingiringi, entered my store, seized me by the arms, and forcibly marched me down to the landing-place, where I was lifted into a canoe and sent off to the " Little Agnes." I was given no time to take stock of my goods, which are valued at $10,000, nor was I allowed time to take my papers. 6. All this has been done without any one giving me any valid reason for such proceedings, nor have lin any way given cause for such action. I consider that I was quite justified in building my house on the land leased to me; and, in fact, some of the people concerned in this outrage assisted at putting up the framework of the house. Mr. Pearse also complained that the Eev. George Augustus Harris had countenanced the hostile action of the natives by suspending from church-membership those who had assisted him, whereas none of those guilty of the outrage upon him had been punished. To this Mr. Harris replied that he had not interfered at all. A breach of the laws made by the authorities of the land involved suspension from church-membership as a matter of course. It had followed in this case as in all others. Mr. Harris also said that Ata's suspension was because he refused to give any explanation of the charge of breaking the law, made against him. Mr. Pearse also stated that he had not, since his arrival at Mangaia, landed any spirituous liquors, nor had he to his knowledge disobeyed any of the laws. Mr. Pearse's general allegations were admitted by the natives. They also admitted that he had not landed any liquor, but declared that he had disobeyed their laws. To this Mr. Pearse rejoined that he could not be considered to have disobeyed, because in all cases —and they were of no importance in themselves —in which he had been fined, he had readily paid that fine in accordance with the law, and had always lived on the most friendly terms with them. To Mr. Pearse's complaint generally, the natives replied that they had not forcibly expelled him, but had done so in the gentlest manner possible. They showed how they had led him off between two men, each with an arm round his neck and shoulders in the most friendly manner. One of them, after thus putting him on board the "Little Agnes," had cried over and sympathized with him. Pearse admitted this, but added that he had to go for all that. The Natives then, in justification of their action, alleged that Pearse had frequently broken the law, and thus irritated them to the use of extreme measures. The points in which he had broken their law were summarised as follows : (1) The law of the canoe (boarding a ship before the native pilot); (2) the law of speaking evil of the King ; (3) the law of the workers (only certain men, appointed by Government, to be employed in shipping produce); (4) the law of shipping men for sea; (5) the law of the married women; (6) the liquor law (total prohibition); (7) the law of fornication ; (8) the law of the night (no one allowed to be out of his house at Oneroa after beat of drum at 7 p.m.) ; (9) the law against building a house at Oneroa (this is the house in dispute) ; (10) the law against stealing land ; (11) the law against stealing letters, and also for making a Consul of himself; (12) a further trouble is that a letter was written by the British Consul to one of the two Kings, ignoring the other; Pearse also said that only King John could speak. On my going into these counter-charges, the natives admitted that some of them had fallen through on investigation, and that in others the fine imposed by their law had been paid readily by Pearse. They declared that they never bad, and had not now, any personal ill-feeling towards him. The above fully summarises the case as put by the natives, but I was convinced in my own mind that the counter-charges were chiefly after-thoughts. They were not at all sufficient to account for the natives having taken the extreme measure to which they had resorted. The real
2—A. 3.
A.-3
10
reason was soon apparent—a determination not to have any traders on the island. In this they evidently had the sympathy of the Eev. Mr. Harris, and were further stimulated by personal jealousies and pecuniary considerations among themselves. The natives also disputed the validity of the lease granted to Pearse. They said it had been granted without the knowledge of some of the chiefs, though signed by the Eev. Mr. Harris as agent for the London Missionary Society. . Mr. Harris explained that he had signed under a belief that the chiefs had all agreed. The point chiefly objected to was the taking of rent, as this was never done in dealing with " settlement land." Mr. Harris had objected to the rent that Pearse was to pay, as being an innovation, a bad precedent, and likely to cause trouble in its appropriation. I may observe that Mr. Harris was not present at the earlier part of the meeting, but was sent for at this stage and remained till the end. The following is a copy of the translation of the lease, made at the time of the transaction by Mr. Craig. The original, in Earotongan, was produced and read at the meeting:— " Oneroa, Mangaia, 11th September, 1889. " This is the talk of the Eulers of Mangaia, and the Kings and the Governors, and the agent of the London Missionary Society. This is to make known and sure the conditions on which Mr. Pearse shall live on the island. " They (the Governors and Eulers) agree that he may live here and build a house for himself in the town (Oneroa), on the allotment of a native called Ata. They say that they know the allotment on which he is to build his house. This is the bargain established between the contracting parties. He (Mr. Pearse) shall pay $20 yearly for the said allotment. He shall live under the laws of the island, the same as natives and foreigners, and obey the said laws of the island. They shall protect his person and belongings. " King John, " Gbo. A. Haebis, L.M.S. " 16th September, 1889." " H. W. Pearse. The natives were then invited to make any comments or explanations they might desire. The following spoke:— Nga Bui : The lease was not known to him. Ata : All was correct and openly done, though only King John and Pearse were present at the signing besides himself. Nga Bui admitted that he consented in the first instance to foreigners staying on the island, but was always opposed to taking payment for land. Mr. Harris, on being asked, explained that he.had foregone his own objection to a money rental for the land, only because he believed at the time that the chiefs had done so. He should not otherwise have signed. King John said that he wrote the agreement and signed his name in accordance with a decision of the Governors at a meeting he had with them. Nga Bui adhered to his statement, and objected strongly to rent being taken from Pearse. Two payments of $20 each, for rent, had been made by Pearse to Ata, who kept the money. Daniela agreed with Nga Eui. When Captain Bourke hoisted the protectorate flag he told them the law of the land was still with them. They allowed rent to be paid by the foreigners who lived in Ata's house and other houses, but that was for living in the house, not for the land. Pearse paid Ata $25 for six months. The trouble arose from Ata and Kakerua keeping the money as their own. He wished to ask King John and Ata what became of this money. King John said Ata gave him $10, and Kakerua gave him $10 also. That was for the rent of the house. As to the two sums of $20 each paid to Ata for the land, Ata kept that for himself. None went to him (the King). In reply to Pearse's charge (No. 4) of refusing to let his goods remain on shore when landed, and taking them back to the " Little Agnes," Meringi Tangi said, Pearse was warned long before that he would have to take goods to the Market-house and not to his own store. To this Pearse rejoined that the warning was only given after his goods had been landed, and after he had been trading, with their sanction, for eighteen months on the island. Charge No. 5: Expulsion. —Daniela said " The first house Pearse built was at Iverua, in April, 1890. There was not then any agreement, and on hearing what Pearse was doing I got Turoua to accompany me to Iverua. We found the house was really being built. I asked Pearse to stop till I had again inquired if any agreement had been made. Vaipo, chief of Iverua, said to me, ' Don't look for the agreement here, but go to King John :he knows all about it.' Pearse. went on building, and would not listen to us. We afterwards found that Vaipo and King John had made an agreement with Pearse, and had received $10 each from him, which they kept for themselves. None of the other chiefs knew anything about an agreement, or the money. This was the foundation of all the trouble that afterwards happened at Oneroa. The disputes about the ownership of the land, and who should receive the money for it, were the cause of all. It was not right that Ata should get it. Some of us (the Governors) had a meeting, and decided that the work on Pearse's store and house at Oneroa should be stopped until we had settled the money question. Pearse would not cease his work at Iverua when we told him, but went on building there. Then we decided not to allow any trading to be done at his store in Iverua. He would not listen still, but went on buying and selling. Then the Governors met at Oneroa, and decided that there should be no trading there, as well as at Iverua, under a penalty of $100 to any Native who should disregard this law. This was proclaimed at Oneroa and Tamarua, but not at Iverua, as Vaipo and Buti (the Governors of Iverua), though present at the meeting, did not speak ono way or the other. Neither did they proclaim the new law at their own settlement (Iverua)." Mr. Pearse, in answer to a statement made by the Eev. Mr. Harris, desired to say that he had promptly paid all fines where adjudged finable by the native Courts. As to charge No. 3 (shipping
A.—3
11
his own produce), he said it had been allowed for a year. As to charge No. 4 (shipping men for sea), he never heard anything previously about it from the natives. It was an old affair, at least a year before his expulsion. The men ran away in the " Little Agnes," and were really shipped by King John on board of her. No. 5 was settled long before his expulsion. No. 6: His offence was drinking three glasses of whiskey on board the " Little Agnes," and not on shore. The others were all old charges, some proved to be wrong, but all adjudicated upon and done with before his expulsion. As to the letters and Consulship, a parcel of letters was sent to him by Mr. Exhain from Earotonga for delivery. Among them were some for the Eev. Mr. Harris. He sent them to that gentleman, who considered that they ought, as heretofore, to have been sent to him by Mr. Exham direct. With all this he had nothing to do. It was the Consul's affair, not his. Mr. Pearse then put in copies of accounts given by him to the remaining King and the Governors of Mangaia, being a claim for damages, and intended also as a protest and warning. They were given to the King and Governors during the time between the closing of the store and his expulsion. They are as follows : — July 19.—Wages due to Mr. Foster ... ... ... ... $5-25 Delay and loss in building ... ... ... ■•• 5-25 „ 26. —Damage for stoppage of business, eight days and a half, |25perday ... 212-50 Aug. 2.—Six days, ditto ... ... ... ■•• ■•• 150-00 9.—Six days, ditto ... ... ... •■• ••■ 150-00 „ 16.—Six days, ditto ... ... ... ••• •■• 150-00 „ 23.—Six days, ditto ... ... ... ••■ ■•• 150-00 1823-00 being $823 to the 23rd August. Mr. Pearse said that the timber and material used in the unfinished house and store had cost him $1,400. The labour was to be added. Hereupon it was proposed to adjourn till next day; but Meringi Tangi rose and said that what they had spoken to-day was sufficient; they would not add to it nor come to-morrow. They did not want, nor would they have, any store in the island. Mr. Harris, who translated the above, put the last question formally to the natives, who were nearly unanimous on that point. I urged the chiefs to think seriously and talk together over the position. The expulsion of a foreign resident was a very serious affair, and would be so regarded. They required to give very strong and convincing reasons to extenuate it, in even a small degree. For expelling Mr. Pearse they were liable to heavy fine, and also to pay for the damage done to Donald and Edenborough by closing the store so abruptly after it had been open eighteen months, as well as for injury to goods. 1 could not say what the fine or damages would be, but was informed both by Pearse and by Donald and Edenborough that if an amicable settlement were now made they would be satisfied by payment for only any actual loss on the goods thsy might be able to prove that they had sustained. Mr. Pearse considered himself also bound to claim a refund of the fines—said to be about $700—levied on persons who had dealt with him. I should be glad if they could effect an amicable arrangement; but they must judge for themselves, and either do so or abide the result of my report to His Excellency the Governor of New Zealand. At 4 p.m. the meeting broke up, the chiefs being still dogged in manner, and apparently resentful that they could not do as they liked in all things connected with their island. Early on the "following morning (Saturday, 6th December) a number of the chiefs desired to talk further over the matter, and I met them on the verandah of the mission-house at 9 a.m. They wished to know my own opinion, which I agreed to give on the various points, seriatim: — 1. Exjndsion of Pearce. —This was a very grave offence, and in my opinion they were wrong, and ought to be punished. They at once admitted that they had done wrong, and acted without due consideration, whereupon Mr. Harris urged strongly the provocation that they had received from Pearce continuously, and which he considered should be taken into account in any fine that might be inflicted. Also, that they had been left since the hoisting of the flag (two years and a half) without advice or guidance. 2. I continued, that they had allowed the store to be open-for eighteen months. In abruptly closing it they had done great injustice to the owners of the goods, Donald and Edenborough, who had not done them any wrong. To this Gilli-iti replied that they had not interfered with Donald and Edenborough, whose store was open still at Ata's house. All they had done was to prohibit their own people from buying anywhere but at the Market-house, "i replied that their power to do this was for the Governor of New Zealand to decide. All that they had said would be laid before him. 3. Why did they not at once make Pearse aware of their intention to stop his building when they saw him begin? Daniela said, "The reason was that we had already protested in vain against his building at Iverua. Then we remembered what Captain Bourke (of H.M.S." Hyacinth") told us when hoisting the British flag, that our laws must be obeyed by all foreigners resident among us. Hence our action in this case. What else could we do? " On being pressed to give my advice, I told them that it would be well to let bygones be bygones, and take advantage of the friendly feeling of Donald and Edenborough and Pearse, and come to an arrangement if a reasonable one could be made. As to confining trade to the Market-house, and allowing it only when a ship arrived, I was aware that this was an old law; but times had changed, and whether they had the power to enforce it now I could not say. The Governor of New Zealand would speak on that point, and my advice to them now was to arrange if they could for the settlement of present disputes, and let the store be reopened till the point about"the Market-house was settled, At Aitutaki the chiefs had done this in Mr, Mason's case,
A.—3
12
which was similar to Pearse's, except that the Aitutaki people had allowed Mr. Mason to remain unmolested after his store was closed, and been too wise to do as they had done, and forcibly expel him. Meringi Tangi replied : " My fear is this : If we agree, and a fine is afterwards imposed on us besides, and we are then forced to keep traders here altogether, it will be our death. We have been so often told that this thing shall be settled, but are still left in doubt. Mr. Exham said some one would come to settle it in a few months. Now you come and tell us the same. Will it not bo so again ? When the store was open it impoverished us, because the people were continually selling their produce in small quantities to buy things they could have done without, and children even gave way to the temptation, and stole the produce of their parents to buy with it at the store. The store is a constant temptation to the people to run into debt, and the goods are dearer than when bought at the Market-house, where they have to be paid for at once. We also get there a better price for our produce, as well as a small income from market-fees, which we should lose. lam not speaking my own thoughts only ; they are the thoughts of the Governor and people. In the two villages of Tamarua and Oneroa we are as one man on this subject. Another thing about which we are all agreed in these two settlements is this : Pearsemust not remain in Mangaia. He makes trouble and divisions among us." I pointed out that if they had fault to find with Pearse they should have complained to the Consul. To expel him or any other foreign resident, as they had done, was, I must impress upon them, a very grave offence. Daniela rejoined that they had removed people before, and that there was no trouble about it then. I replied that this must have been because the people removed did not complain, and perhaps had been so grossly wrong that they were afraid to complain. Here the interview ended. In saying '' Good-bye " I again warned them on no account to expel any of the foreign residents still among them, but to complain to the Consul, if they had reason to do so before I returned from New Zealand. This I did, as I learned that some of them talked loudly of sending away the traders still on the island. They promised to consider the whole question among themselves, and to communicate with me at Earotonga, if possible, before I sailed for New Zealand. I left Mangaia in the afternoon .of the 6th December, and up to the 29th December, the date of my leaving Earotonga, no vessel had arrived from Mangaia. FIVEDEBICK J. MOSS.
No. 11. Mr. F. J. Moss to His Excellency the Goveenoe, Wellington. My Loed, — Auckland, 17th January, 1891. When at Aitutaki, on my way to Mangaia, I found the natives engaged in a dispute with a Mr. Mason, similar in many respects to that in which the Mangaians were in conflict with Mr. Pearse. Being asked by both sides to make inquiry, I did so during the stay of the " Torea" at that island. The Aitutakians had not, however, molested Mr. Mason personally. I annex a report of the proceedings. I have, &c, His Excellency the Earl of Onslow, G.C.M.G., Frederick -T. Moss. Governor of New Zealand.
Report on Mr. Mason's Case at Aitutaki. Me. Mason complains that he came to Aitutaki under express permission to open a store ; that on his arrival an embargo was placed upon the store, and that he had been six months in the island doing nothing but waiting patiently for an opportunity to get his case heard by some competent authority. Natives who had traded with him had been fined, and he asked that the embargo should be taken off, and the fines that had been levied upon these natives returned. He asked this as a British subject living in a country then under the British flag and British protection. Personally he had nothing to complain of, as the natives treated him kindly. A meeting was held accordingly at the schoolhouse. Over a hundred of the principal chiefs and people were present. The Eev. W. Lawrence, the resident missionary, was also present. The Eev. J. Chalmers kindly interpreted. He explained that I should be glad to hear anything they had to say in reply to Mr. Mason's complaint, so that I could lay the whole case before the Governor of New Zealand on my return. Vaka (an old chief) said he wished to speak of the law of the land about stores. In the time of their fathers foreigners were not allowed to live among them, as the land was small. Now they were only following in their fathers' footsteps. Donald and Edenborough had sent Mr. Mason to open a store, which the natives did not desire. They wished the Market-house only, as had been done since the introduction of the Gospel. All the world had been welcome to trade with them in that way, and there was no trouble. " Here is what we think," said Vaka : " Let the trading be all done at the Market-house, and only when a ship comes in. Our reasons are : (1) The smallness of the island; (2) strong drink will come ; (3) horses will come and destroy all the breadfruit trees, as at Barotonga ; (4) debts will come ; (5) other troubles will grow with it." Tamatoa, Hama, Vaerua, Bangi, and other chiefs spoke to the same effect. Mr. Mason said that he had never done and never would do anything to injure the people. He had no wish to import horses or sell liquor, and would not do so. Vaka repeated his reasons, and asked that only the Market-house should be allowed. "As it was from the beginning so let it be to-day. We cannot agree to Mr. Mason's request." Mr. Arthur Brown, from Earotonga, thought British subjects should have the same privileges in these islands that the islanders themselves would have if they went anywhere to British territory— to New Zealand, for example.
13
A.—3
Vaka replied that Aitutaki was a small land, and New Zealand a large one. If foreigners wished to trade, let them come, but not stay. They must use the Market-house only. Mr. Broiun considered it hard to be placed in such a position. On his own account, and on behalf of other Europeans present, he said it would be doing them and the natives a great service if I could speak authoritatively on the question. I replied that I could not do so now. The position taken up by the natives was, I believed, quite new, and their power to take up that position would be settled, alter due consideration, by competent authority. On my return from New Zealand they should hear definitely on this point. But on another point I must warn the natives strongly. They had so far behaved well to Mr. Mason personally, but I heard that they had lately threatened to deport him, as Mr. Pearse had been deported from Mangaia. They must on no account use force towards any foreign resident. If they had complaints there was the Consul till the Eesident was living among them. Their complaints would go from the Consul to the Governor of New Zealand, who was deputed by Her Majesty the Queen to see that no wrong was done to them. Nor would the Governor suffer the natives to do wrong to foreigners. Mr. Exham here called my attention to an agreement which he stated the chiefs had made with Donald and Edenborough, allowing them to open a store in the island. It was on the strength of this that Mr. Mason had been sent. On inquiry I found that this agreement was entered in a recordbook kept by the Aitutaki authorities. After some delay the book was produced. The agreement proved to be properly signed by the leading chiefs, and witnessed by the Eev. W. Lawrence, the resident missionary and agent of the London Missionary Society. The date was the 19th July, 1890. The chiefs endeavoured to explain it away, and made excuses of various kinds, but were sharply reprimanded by Mr. Lawrence, who had not hitherto taken any part in the proceedings. Mr. Lawrence reminded them that his name had been somewhat reluctantly attached to the agreement, and that he had only done so after convincing himself that it was deliberately made and fully understood. Many of their opinions and wishes had his strong sympathy, but above all things they must be honest and true, and faithfully observe any agreements that they made. He sympathized with them in their fear of the evils that might follow uncontrolled trading, and hoped that in the settlement of the question their views w T ould receive the consideration they deserved. But meanwhile they must not break their word, and the agreement should be observed. After further discussion it was arranged that Mr. Mason should be allowed to open the store, he undertaking not to give credit to any native, and to obey the laws of Aitutaki. This was to last till the power of the natives to make laws restricting trade to the Market-house should have been authoritatively settled. The meeting thereupon broke up in excellent temper. Fbedeeick J. Moss.
No. 12. Mr. P. J. Moss to His Excellency the Goveenoe. My Loed, — Auckland, 17th January, 1891. In accordance with your Excellency's instructions of the 27th October, 1890, to inquire into the liquor-traffic in the Protectorate of the Cook Islands, I have the honour to make the following report:— I arrived at Earotonga on the 18th November, and found that the condition of affairs had not been exaggerated, and required immediate attention. The laws vary in different islands. Those of Earotonga (appended to my general report) enacted the most stringent prohibition. The earliest of these laws was passed more than twenty years ago. The exact date is unknown, as it is not the native custom to keep records of such matters, or of the meetings of chiefs at which public business is transacted. The first prohibitory law was included in the compilation made in 1879 by the resident missionary, printed at the mission press in Earotonga. The second law was given to me by the Eev. J. Hutchin, being one of several copies printed for circulation, and still in his possession. It is also strictly prohibitory, but bears no signature nor date. As far as I could learn, it was passed about the year 1888. As to the other islands, the laws of Aitutaki and Mangaia were equally stringent with those of Earotonga, and have been rigidly enforced, thanks to the absence of harbours, and the oceanbeaten reef by which they are fringed. In Atiu, Mitiaro, and Mauke the laws are similar, and have been fairly maintained. These islands also are reef-surrounded and harbourless, and have comparatively little intercourse with other places. In Earotonga, a central position and the possession of harbours have brought the natives into a more extended intercourse with the outer world. As trade increased, smuggling and bribery, with their attendant corruption, increased also. The laws were continually evaded, and at last fell into contempt, and became a dead-letter. This had been the case for several years. No attempt even was made to bring the law of 1888 into operation after it had been passed. It fell still-born from the press in which it was printed. I ascertained, on my arrival, that nineteen houses of different kinds and in different parts of the island were engaged in the sale of liquors drunk upon the premises. The keepers of these houses were generally Chinamen or Natives, and they were open at all hours, and to all people, whether natives or foreigners. Very much drunkenness was the result. The worst of these drunkards and the largest consumers of the liquor are, by universal agreement, declared to be the men from Mangaia, who come in considerable numbers to seek employment at Earotonga, and who are subject to the most stringent prohibition in their own island. The people of Aitutaki bear a similar reputation when away from their home. This is indisputable, and must cause grave doubt as to the efficacy of forced abstention in creating a soundly sober population,
A.—3
14
On the day after my arrival at Earotonga I heard that fourteen casks of rum had just been, openly and in the ordinary course of business, landed in its harbour from a schooner that brought a general cargo from San Francisco. Practically, therefore, both the importation and sale of intoxicating liquors were uncontrolled and unrestricted. Other laws against the manufacture and use of what is called " bush beer" were more strictly enforced at Earotonga. The offenders under this law are natives only. Oranges, pine-apples, or bananas are pressed and fermented in large tubs by natives who form convivial parties for the occasion. As the proceedings must be secret, they are carried on in the dense bush, and operations are necessarily hurried. The juice is thus drunk while in full fermentation, is said in that state to be very intoxicating, and must be injurious in every way. I desire here to state that I have to thank the Eev. J. Hutchin, resident missionary, who is himself an ardent prohibitionist, for giving me in this inquiry and in my general work, all the aid which his other onerous duties permitted. Mr. Hutchin was absent on an inspecting visit to the other islands on my arrival, but returned to Earotonga about three weeks before I left for New Zealand. To remedy the evident abuses in connection with the traffic was a difficult question. The laws of the Island of Earotonga are made by the ruling Arikis of its three tribal districts, together with two other chiefs (also Arikis by right of descent, though not ruling), and by the Chief Judge of Avarua whose jurisdiction, however, does not extend beyond his own tribal district. The enforcement of the law rests with the three Arikis, who are sometimes styled Queens. They carefully avoid interference with each other's people, and resent jealously the appearance even of such assumption in any direction. My instructions were only to inquire and report. I made this clearly known to the Arikis, but it was difficult to make them understand the position. I was pressed on all sides not to return to New Zealand without at least advising what should be done, and, after careful consideration, came to the conclusion that I should not be justified in evading the responsibility of giving them all the assistance and moral support in my power. I therefore urged the ruling Arikis to call their Council together, and to pass a suitable law absolutely prohibiting the sale or gift of imported spirits to natives under a penalty of $150, the penalty to be payable in cash or hard labour, and not in the goods which existing laws authorised being taken in payment of fines, practically at the delinquent's own valuation. The Council was accordingly convened for the 22nd November. On the day before its meeting I called the foreign residents together and informed them what I had advised the Arikis to do, and that they must understand clearly that, when justly fined, the fine would in future have to be paid in cash. I was much pleased to find that the great majority of the foreign residents were anxious to see drunkenness put down and abuses cease. The Council met on the 22nd November. The steamer " Eichmond" arrived on the same day and left in the evening. I was enabled, therefore, to send to your Excellency an account—necessarily hastily written—of the proceedings of the Council, and of the law which they had just passed. The law did not come into operation till the 24th, it being requisite to have written copies, in Barotongan and English, posted on the doors of such foreign residents as allowed this to be done. This, I found, was the only means of promulgation. The law as passed will be found with the other laws in the appendix to my general report. The effect was to close all the drinking-houses at once, and to stop immediately the sale of liquor to the natives. I was assured before my departure on the 29th December, that there was still no drinking of imported liquors among the natives, and that the law was being strictly observed. It soon became known to me that some of the Arikis and chiefs were not in favour of prohibition for themselves, and that they resented the application of this law to Natives only. They were taunted by some of the foreign residents, for their own purposes, and chafed under the apparent humiliation. To make a prohibitory law applicable to both races was impracticable unless the cordial co-operation and willing obedience of the natives and the foreign residents could be secured. The willing obedience of the latter could not be relied upon in any case unloss they had some voice in making the laws of the country, m which most of them are permanently settled and have considerable property at stake. I therefore advised the chiefs to call a foreign resident to their Council, and to make the Council open to the public instead of confining the attendance as heretofore to invited guests. It was also desirable to end the practice of tribal feasting by which all meetings were celebrated, as it prevented any real well-considered business being done. The Arikis readily agreed to the stoppage of tribal feasts and the appointment of a representative for the foreign residents. To avoid the risks attending an election in so mixed a population, and in the absence of regular electoral laws, they left to me the nomination of a representative for the ensuing year. This mode of proceeding seemed to me better than attempting to pass any law upon the subject. If found to work well, the practice will become established as a custom. If not, it can, in the absence of a positive law, be more easily discontinued. To obtain their views, I convened a meeting of the foreign residents on the 18th December, and invited them to elect one of their number whom they might prefer to represent them in the Council. Three candidates were proposed —Mr. J. M. Gelling, Captain Eennie, and Mr. Goodwin. The two former are planters, and the latter is a merchant. All three were fit and proper persons to take part in the Council. The choice was decided by ballot, and fell upon Mr. Gelling, who received twenty-two out of thirty-eight votes cast. He took his seat at the next Council, and was welcomed by the Arikis, who were pleased that he should have been selected. I may here observe that an unexpected, but characteristic, difficulty soon occurred in connection with this election. Mr. Gelling lives in Tinomana's district. Queen Pa—incited no doubt by some of the few dissatisfied foreign residents —considered, as Tinomana thus had in the Council one of her papaas (so foreign residents are called in the native tongue), that it was right that she and Makea should have theirs also. Makea has travelled in other countries and seen too much of the world to
A.—3.
be easily misled; but Pa, though a lady of strong natural sense, has a remarkably strong will, and brought this proposal before the Council, by whom it was rejected. The Council, reinforced by Mr. Gelling, met on the 22nd December at Pa's house. She considered it her right to have this meeting at her house, as the former had been held at Makea's. Makea consented at once on my informing her of Pa's wish, and the usual invitations were sent by Pa accordingly. The laws to be now considered had been carefully prepared in Earotongan and English, and given to Tepou, who had been elected President at the previous meeting of the 22nd November. They were chiefly to provide for regulating the proceedings of the Council, for the upholding of existing laws, the defining of what should constitute promulgation, and similar preliminary matters. The laws, as passed, will be found attached to the general report, which I have also the honour to submit to your Excellency. After prayers, the Council proceeded at once to business. Pa provided, as Makea had done, a very plentiful banquet, well-served in European style, and which was duly attended to during the day. Another characteristic difficulty arose at the opening. Pa objected to Tepou as President. He was Makea's "mouthpiece," but Maovete was hers and she wished him to take the chair. Tepou speaks English fairly, and is pretty well versed in English ways; but Maovete was without experience of any kind. I should like to have objected to this arrangement; but it was in accord with native customs, and the Council accepted Maovete at once. To meet the difficulty I took notes of the proceedings myself. These were afterwards translated, and handed to Tepou to keep as a record of the meeting. They will be also found appended to my general report. The few preliminary laws were soon explained and passed. The liquor law prepared for their consideration was then taken, and excited long and keen discussion. Great diversity of opinion was manifest on the several points, but on one point there was complete unanimity. There should be only one law for both races. Tepou and others entered upon what, in colonial Parliaments, would be considered a skilful piece of " stonewalling." They persisted in repeating arguments for the application of the law of the 22nd November to foreign residents as well as to themselves, but carefully refrained from making any distinct motion on the subject. At last, as the day wore on, the question was put, at my request, whether the Council desired total prohibition or a law based on a permit system on the lines of the proposal before them ? The voting against total prohibition was unanimous on the part of the Arikis and other native members; but Mr. Gelling asked that the Council might be adjourned for two days, to enable him to consult his constituents. It had been stated during the debate that the majority of the foreign residents were in favour of total prohibition. If this were so, one of the chief difficulties in the way of carrying out such a law would be removed, and he should waive his personal views, and give his vote in its favour. The Council adjourned, therefore, till the 24th, to meet at Makea's, as her house was the most central and much time would be saved. Mr. Gelling held a meeting in the interval, and found that only two of his constituents desired total prohibition. The rest were in favour of a system of permit and restriction having a fair trial before extreme measures were attempted. They regarded prohibition as in some degree a slur upon themselves, and unnecessary. The Council renewed its sitting at Makea's on the 24th December. This, I may observe, happily involved the restoration of Tepou as President, he being the only one at all able to properly perform the duties of that office in our sense of the term. The proposed law, amended in accordance with suggestions at the previous meeting, was considered and passed. Mr. Joseph Henry Garner, a gentleman whom I had long personally known in Auckland and who is in Earotonga with the intention of coffee-planting, accepted from the Council, at my request, the post of Licensing Officer. Mr. Garner is a gentleman in whom the fullest confidence can be placed, and he is not engaged in any business on the islands. His duty will be to take possession of all intoxicating liquor and secure it in a store at the risk of the owners. The owners can then only sell to persons who have obtained a permit from Mr. Garner, with whom the delivery will rest. He is to give this permit to foreign residents where there is no obvious reason to the contrary, but to natives it is to be given only on the written authority of one of the ruling Arikis. A record of all issues is to be kept. Provision is also made for prohibitory orders against the sale or gift to habitual drunkards, or to persons to whom liquor is known to be injurious. Heavy penalties are provided for any breach of the law, which was well and thoroughly discussed by the Council who made several amendments to the original proposal. The law, as finally passed, will also be found in the appendix to my general report. The experiment of thus regulating the liquor-traffic, though novel, will, I hope, prove successful. It has, at all events, brought the traffic under control, and information as to the extent and character of the consumption will now be available. Total prohibition can always be resorted to if necessary; but, unless worked by efficient and properly-paid European officers, must, I fear, lead to vexatious searching, much demoralising espionage, and still more demoralising bribery and smuggling. Even with European officers, a marked preponderance of public opinion in favour of prohibition would be necessary for success. That preponderance does not now exist in Earotonga. I had hoped, as the voting was so unanimous in the Council, that the liquor question was settled for the time, but in the evening of the 28th December I received from Pa and Kainuku, and the mataiapos of Pa's district, a letter stating that they wished to revert to the law of the 22nd November. No reason was given, but the cause of dissatisfaction is, I have reason to believe, the refusal of the Council to sanction a Licensing Officer and a store for spirits at Ngatangiia (Pa's village) as well as at Earotonga. Pa vigorously contended for this as her right; but it would have been absurd to multiply these officers and stores, and the system would have become unworkable. In reply, I wrote to Pa that the law can now only be altered by the Council, and must be obeyed till so altered; and that unless this be done the natives would prove themselves incapable of managing their own affairs, and the attempt to assist them in doing so would be abandoned by me. I urged
15
A.—3.
her to cease listening to all who talked to her for their own purposes, and to depend on my desire to help her and her people. The " Richmond " left next day, so that I could not learn the result, but have little doubt that Pel's strong good sense will prevent her acting rashly. I am glad to add that the natives are taking again to the use of their old drink, kava, obtained by maceration from the root of the Piper methisticum. The use of this was prohibited by the early missionaries, but it is now generally admitted that the prohibition was a mistake. Kava is not alcoholic but narcotic, very refreshing, and only injurious when used to rare excess. Trusting that the measures thus taken in an emergency, with reference to the liquor-traffic, though they were in excess of my instructions, will meet with your Excellency's approval, I have, &c, To His Excellency Earl of Onslow, G.C.M.G., Fbedekick J. Moss. Governor of New Zealand.
No. 13. Mr. F. J. Moss to His Excellency the Govebnob, Wellington. My Lobd, — Auckland, 17th January, 1891. Eeferring to my despatch to your Excellency (No. 2, 1890) of the 21st November, I have the honour to enclose the desd of gift (from Makea to Her Majesty the Queen) of 4J- acres of land,* one of the choicest positions for a Eesidency in Earotonga. The land was at Makea's disposal, and is a gift of considerable value, as very little building-land of any kind is available in the neighbourhood of the harbour. The position is central, and in every respect suitable for the intended purpose. The deed has been properly registered in the Consulate at Earotonga, and the description been made as accurate as circumstances would permit in the absence of any survey of the island, or of a professional surveyor. Makea and her husband, Ngamaru, Ariki of Atiu, have taken great interest in this and marked out the land carefully. Makea voluntarily took upon herself also the responsibility of building what she considered a suitable residence. Since then the other Arikis of Earotonga and the Arikis and chiefs of the other islands have, I believe, agreed to contribute the proportions of the cost of materials assigned to them. Makea has further undertaken to find the labour necessary for building the house, and Ngamaru will superintend the work and see that it is properly done. I am informed by Mr. Exham that arrangements have been made with Messrs. Donald and Edenborough, of Earotonga and Auckland, for the supply of material to the extent of $3,500 (in British sterling, about £525) ; and that they are only awaiting the preparation of the necessary plans in order to begin operations. I have undertaken that these plans shall be prepared for them in New Zealand, and trust that the Government Architect may be instructed to take them in hand. I have, &c, To His Excellency the Earl of Onslow, G.C.M.G., Fbedebick J. Moss. Governor of New Zealand.
No. 14. Mr. F. J. Moss to His Excellency the Govebnob, Wellington. Report on the Protectorate of the Cook Islands. 17th January, 1891. The Cook Islands are about seventeen hundred miles from Auckland by steamer. The most southerl}', Mangaia, is in latitude 21° 47' south, and the most northerly, Aitutaki, in 18° 15' south. Earotonga, the most westerly, is in 160° west, and Mauke, the, furthest to the east, lies in 157° west longitude. The group thus extends, at irregular intervals,- over an ocean area about two hundred miles in length, and nearly the same in breadth. It consists of seven islands—Mangaia, Atiu, Mauke, Mitiaro, the Hervey Islands proper, Aitutaki, and Earotonga. The so-called Hervey Islands are an atoll with the usual low islets on the surrounding reef, and are frequented by the natives from Aitutaki to make copra from the cocoanuts which grow luxuriantly and without care in such positions. Barotonga is the most important, being the only island in the group with harbours. There are three small harbours in the coral reef with which this island is fringed. The best of these, Avatiu, is the centre of trade for the group. There is also good anchorage outside the reef. Earotonga is very beautiful and fertile, having a volcanic surface-soil with coral subsoil. The island is small —about twenty-five miles in circuit—but the central hills rise to a height of nearly 3,000 ft. Water is consequently good and abundant. The climate is dry and unusually cool. The native population are estimated at over two thousand. The foreign residents number some fifty adult males, engaged in trade or planting. They are chiefly British, with a mixture of Americans, Germans, French, and Chinese. Most of the Chinese claim to be British subjects by birth, but seem to have come from California. Earotonga has a resident European missionary, and a native school in which teachers are trained for mission-service in other islands in connection with the London Missionary Society. Several of these teachers have for some time past been doing good service in other Pacific islands and in New Guinea. Mangaia is of about the same size as Earotonga, but chiefly a coral formation and less fertile. The climate is equally good, but the hills do not reach 500 ft. in height. It is without harbours or anchorage. Ships must lay off and on, and the landing is by canoe on the surf-beaten reef. The population is estimated at two thousand, with only four Europeans who are engaged in trade. There is a resident English missionary and native school.
* See Appendix G in No. 14.
16
A.—3.
Attutaki is smaller than Mangaia, but of the same character. Also without harbour or anchorage, but surrounded by an ocean coral-reef as well as a shore reef. The ocean reef is said to be sixty miles in circuit. The lagoon, thus formed off one end of the island, is a large sheet of water and described as capable, by a moderate outlay, of being made suitable for large vessels. If so, the position with regard to a future canal at Nicaragua would be valuable. Population: native, about fifteen hundred, with only one European trader. There is also a resident English missionary and native school. Atiu, Mauke, and Mitiaro may be treated together, the two latter having been formerly conquered, after long and hard fighting, by the King of Atiu, who is therefore lord of the other two islands. Atiu resembles Aitutaki, but Mauke and Mitiaro are smaller. They have no anchorage nor harbour at either of the three, and the joint populations are estimated at eighteen hundred. There are only two foreign residents, and the missionaries in charge are native teachers from Earotonga. Communication within each island is entirely by roads or tracks. They have no river nor coastal traffic. Between the islands communication is entirely by sailing-vessel; very uncertain and irregular. From Tahiti come regular trading-vessels, and also from San Francisco. The only steam-communication is by the "Richmond" on her round trip from Auckland to Tonga, Samoa, and Tahiti, calling at Earotonga once in five weeks, on her return from Tahiti to Auckland. Productions. —Cotton, coffee, tobacco, copra, arrowroot, fungus, oranges, limes, bananas, and all tropical fruits flourish luxuriantly. The cotton, with care, could be produced at Mangaia and the other coral islands equal in quality to the best Sea Island. The coffee is a specialty of Earotonga, and of excellent quality though growing in wild thickets self-sown from the dropping seeds of trees planted by the missionaries more than a quarter of a century ago. Not a tree has been since planted by the natives, but some 40 acres have been planted by Europeans within the last two years. The same remark applies to the orange- and lime-trees, which produce abundantly, and of excellent quality. All kinds of native food—taro, breadfruit, kumeras, yams, bananas, and the indigenous plaintain, are fine and plentiful. Many products of a temperate clime do well. Maize flourishes, but is not eaten by the natives, and is very little cultivated. Coffee must be the chief staple of Earotonga, which island alone is considered capable of producing at least a hundred thousand pounds' worth for export annually. From its position, climate, beauty, and fertility, Earotonga is by nature pre-eminently fitted to become the tropical fruit-garden and winter resort of the people of South New Zealand. Direct steam communication would speedily bring this about. Live-stock (except sheep) do well in all the islands on a species of couch or wire grass, which appears to be indigenous. The quantity of cattle and sheep must always be very limited, and the staple animal food be pigs and poultry. Beyond Earotonga, but within easy reach, lie also the splendid archipelagos of the Society, Paumotu, and Marquesas Islands. Land-tenure in the different islands varies in some details, but Earotonga may be taken as a general illustration. The owners of that island are the three ruling Arikis, descendants of the old kings and queens (as they are usually styled by foreigners), and two other Arikis (descendants of the old priestly families, to whom was accorded that rank by the natives on their office being superseded by the introduction of Christianity). The other owners are the mataiapos, or lords, numbering in Earotonga, so far as I can learn, some forty-five or fifty. The rangatiras come next, holding in perpetuity, on terms of service by no means onerous or costly, and generally fulfilled by labour at planting or house-building, or by presents of food when required for feasting or similar great occasions. The tautauongas, below the rangatiras, are only tenants-at-will. A little land is held by foreign residents on lease, at low rentals, for terms extending to thirty years, without compensation for improvements. The township at Avatiu is all leased in sections of half an acre to an acre, at $30 to $60 per section per annum. A considerable quantity of very fine rural land is yielding little or nothing; and upon its proper cultivation the progress of Earotonga, especially in coffee-growing, must depend. The subject will require careful approach, and is not likely to be settled till the natives have gained confidence in the administration by which it may be undertaken. The law forbids all sale of land, and has always done so. There has been no survey of the islands, and accurate information as to the extent or character of the land in actual cultivation, or available for further occupation, is not obtainable. Food, Wages, Clothing, and Occupations. —The natives subsist largely on indigenous, or easily-cultivated products, aided by pigs and poultry, but they eagerly purchase biscuit, flour, preserved meats, salted beef, sugar, and other imported articles, when able to do so. The Barotongans prefer working for themselves as a rule, and do not seek employment as labourers. The chief agricultural labourers are the Mangaians, and others who come to Earotonga from their own less fertile islands. Rural labourers receive $10 per month and their food, which, I was informed, includes preserved meat and other imported articles, making the total cost about $20 per month. Day-labourers receive $1 per day, with a ration of half a pound of bread and one pound of preserved meat, costing 25 cents more. The dollar is nominally 45., but its value fluctuates with that of silver, and may be taken at 2s. 10d. to 3s. 3d. for exportation. Domestic servants get $8 to $10 per month and their food. A good cook sometimes gets $20. The employers usually pay half, or more, of the wages in goods. The profit on the goods reduces the cost materially, but when paid in cash the wages are still the same. The clothing is European in fabric and style. The old native tapa has long been discarded, but all go barefooted except on occasions where full dress is required. Agriculture is the universal occupation. Many of the natives are skilful mechanics. They build capital whaleboats, and have the hull of a vessel of about 100 tons nearly completed at Ngatangira.
A. 3—3.
17
A.—3
18
They are also good sailors. Their houses are of rubble coral stone, smoothly plastered with the lime which they make from coral. In habits they are very cleanly wherever water is obtainable, and in all cases keep their villages in excellent order. Furniture has not yet come into use with the people generally. The houses of the Arikis are two-storied, with balconies, the walls solid and thick, the rooms lofty, large, and well furnished. This may be judged from the Council being able to meet in Ma'kea's drawing-room, with ample space for the general public as well. The Currency is the Chilian dollar, which, by its inferiority and consequent cheapness, has driven all other coin out of the islands. This dollar has been as low in value as 2s. 6d. for export, though current at 4s. in the islands. British coins are highly valued, and their substitution is much required. This would involve a rearrangement of all fixed rentals and agreements, as well as of wages and prices generally. Climate. —Good and dry in all the islands, as has been already stated. During the wet season (December to March, both inclusive) violent gales are not unusual, but it is said there has been no hurricane since 1867. The gales are very local. When I arrived at Aitutaki the people were suffering from a severe gale which had done much damage, though only of a few hours' duration. The steamer "Eichmond," on her way from Tahiti, suffered from the same gale. The native schooner " Araura," formerly the " Julia Price," of Auckland, was capsized off Aitutaki, and in her and two small canoes swamped at the same time fourteen lives were lost. At Athi and Mangaia the gale was also severe, but at Earotonga, where I was at the time, it was scarcely felt. It may be interesting to give here the barometer-readings and other particulars, as stated to me by the Eev. W. Lawrence, of Aitutaki, in reference to the gale at that place. From Sunday till Thursday, 20th November, the barometer stood at 29 with little variation. Little wind, but much rain, during this time. On Thursday, at 1 p.m., suddenly rose to 29-90, and at 2 the gale was blowing furiously, with very little rain. At half-past 2 the barometer began to fall, and stood at 29-80. At 3it was at 29-70, and at half-past 3 29-60. At that time the gale had decreased, and by 4 o'clock was pretty well over. By 5 the barometer had fallen to 29-49, and then began to rise quickly. By 8 it was again at 29-80, and the night, after 10, beautifully fine with a clear sky. Next morning the barometer stood at 30. Large trees were blown down, and the Market-house, near the shore, with about 5 tons of copra and other produce awaiting shipment, was swept away by the sea. The mischief was done by occasional furious squalls, which were a marked feature of the gale. Diseases.— There are no fevers, but the natives suffer from dysentery, which occasionally kills considerable numbers. Thirty deaths had occurred at Aitutaki from this cause during the fortnight before my arrival at that island. This is attributed to drinking impure water and taking food (animal and vegetable) when it would be considered by Europeans unfit for use. There is no vaccination. Fortunately, small-pox has not yet appeared, but vaccination should be immediately attended to. The missionary, in addition to his other duties, has to act as medical attendant to every one, native or European, on his island. Of leprosy all have a great dread. At Penrhyn —an atoll over six hundred miles distant to the north, and not belonging to the Cook Group—ten cases were found by the Eev. J. Hutchin on his recent visit of inspection. This atoll of Penrhyn is inhabited by a kindred Maori race, and was lately annexed as British territory. Mr. Hutchin has reported the existence of leprosy to the London Missionary Society, and it will also, I believe, be reported to the Imperial naval authorities in Sydney. The disease is said to have been introduced by Penrhyn natives returning from Hawaii. One case only of supposed leprosy has occurred at Earotonga. The case was that of a Chinaman, whose countrymen fed him for several months in an isolated hut, with all due precautions. At last he was reported dead, and naturally, under such circumstances, in a very shocking condition. They bargained with some natives for his burial. It was conducted with every possible precaution also ; but there is too much reason to believe that the poor creature was not actually dead, and that his cries were heard as the earth was thrown in upon him. The cases at Penrhyn and the supposed case at Earotonga have caused a great desire to prevent any influx of Chinamen, to whom the disease is attributed. The Council are anxious to prevent any more Chinese settling in the group, and are determined, if possible, to do so. lam sorry to add that venereal is also prevalent throughout the group. Birds are few, excepting sea-birds. Some Californian quail, sent to Earotonga by Sir George Grey, are likely to thrive. They will be much needed, and others will be needed with them, to keep insect-life within due bounds. A wasp, or hornet (South American), has found its way via Tahiti. While destroying large numbers of caterpillars, the wasp is itself becoming a serious nuisance to cotton-pickers and others who interfere with its peace and comfort by disturbing the nests with which the trees are infested. This wasp stings severely. It also builds elaborate nests or hives in every part of a house that may offer a convenient place for settlement. Statistics. —ln the appendix will be found tables for 1889 and 1890, kindly compiled for me by Mr. Exham, the Acting British Consul. The shipping is therein stated to have been, for 1890, as follows : Arrivals, 71 vessels, with a total of 13,315 tons ; departures, 70, with a total of 13,302 tons. Of the arrivals, 52 were British, 12 American, 4 French, and 3 Native vessels. Imports and Exports are stated in detail in the same tables. Together they amount to £50,541 for the year 1890. The exports were £20,373. It is believed that with proper care and cultivation they could be increased to £150,000 in a few years, and that the imports would increase in proportion. The bulk of the trade is with New Zealand. A differential duty in favour of island coffee, or its admission duty-free, would bring all of this staple to New Zealand, and with it the rest of the trade which is now competed for by San Francisco and Tahiti.
19
A.—3
The Revenue. —At present there is none. The fines levied by the Courts are divided in fixed proportions between the Arikis, the Judges, and the police. The Judges and police are really chiefs and landowners, and their share of the fines forms only a pleasant, though small, addition to their other incomes. It is the only payment they receive. Customs duties of the usual kind would be absorbed largely in the cost of collection. A land-tax must remain for the distant future, and a polltax—as the Natives already support their own churches and schools —would be unpopular and also unprofitable. The most ready means of revenue would be a uniform percentage on imports of all kinds. If the percentage were small, and the penalty for infringement large in proportion, there would be no inducement to risk the penalty, and therefore very little, if any, expense necessary for collection. A tax of 3 per cent, might be expected to yield £750 to £800. This could be brought up to £1,000 by charging business licenses to those engaged in trade. The Court fines could not be estimated at more than an additional £100 or £150. The possible immediate revenue might thus be taken at £1,100 per annum. Expenditure. —The only administrative expenditure at present required would be the payment of fixed allowances or salaries to the chiefs who act as Judges and police in the different islands, together with the salary of a very necessary European Superintendent of Police, a proper interpreter, and a few native clerks. These charges and other contingencies would be fully covered by the revenue as above estimated. Treasury work and its attendant cost could be avoided by arranging with some New Zealand mercantile firm having branches in all the islands. Such a firm should be glad to do the banking and treasury work without charge, as it would assist them in their ordinary business. They could receive and pay all public money, and send accounts regularly to be audited in Wellington. Deeds for all foreign residents, of all nationalities, will, I presume, be registered by the British Eesidenfc. No other plan of registration seems for the moment possible. There remain the building of a public hall for the meetings of Council, for a Courthouse, and for other public purposes. The present plan of calling the Council together at one of the Arikis' residences makes it too personal in character. Eivalries would be avoided by the use of a public building, which need not cost more than £200. A trigonometrical survey of the islands, bridges for the rivers, and roads or tracks to open up the hills, are also needed. The hill-country is now quite unoccupied, and contains much fertile land which is used only by the natives for gathering plantains and other indigenous food. A small annual subsidy for three or four years would enable a great deal to be done in these directions. The natives would by that time have seen the benefit to be obtained from an organized government, and should be able and willing to contribute the cost for themselves. Legislation. —This subject was necessarily dealt with in some of its aspects in my reports on the Pearse affair and the liquor traffic. During my stay the Arikis made arrangements that ought to give the Legislature a more fixed and regular character. These arrangements were made by a resolution of the existing Council, and can only be regarded as tentative. They will be found in the minutes of Council meetings contained in the appendix. The position in the Arikis' Council proposed to be taken to the British Eesident, must depend on the duties and responsibilities that may be attached to his office, and on the part which his instructions may enable him to take. Until the powers of the native Government under the protectorate are understood, in relation both to British subjects and those of other nations, no definite arrangements can be made. In any case it will be very desirable to make use of existing native methods, and to introduce changes as gradually as possible. The observance, in legislation or otherwise, of the regular European forms of procedure will for a long time be impossible. If import duties are to be levied, one port of entry only can be allowed for the group, and that will naturally be Avatiu (in Earotonga). The town at the back of this port, between it and Avarua, is the centre of foreign trade, and is known as Avarua. The Mangaians and Aitutakians may demur to this, and it will be necessary to know how far the Council at Earotonga can claim obedience to such a law, as well as to any changes in the currency and similar matters. The Ariki of Atiu (lord also of Mauke and Mitiaro) is the husband of Makea, and has joined the Council at Earotonga. With his people there will therefore be no difficulty. It is far from certain that the people of the other two islands will agree for some time to join the Council—a contingency to be taken into account. The Laws are a mixture of ecclesiastical and secular rules and enactments growing out of the necessities of earlier times. The sooner that some of them are allowed to become obsolete, so that crime can be dealt with publicly by the law-courts, and breaches of morality or of religious observance privately by the Church, the better will it be for the Church and the people. There is no provision for appeal from the decisions of each District Judge. They are final. The only relief is in the pardoning power of the Council of Arikis, now formally recognised by law. The Judges were much opposed to this, as infringing on what they considered their duty. In the Appendix I have included the laws passed up to 1879, when they were compiled and printed at the mission press. This collection is now rare, and I have to thank the Eev. Mr. Hutchin for a copy. The only printer (an old native) is becoming too feeble to work, and I could only trace one law since 1879. It was published in 1888, and renewed the prohibition against the importation of liquor. With it ends the laws in force when the protectorate was proclaimed. Those since passed are confined to the laws enacted during my stay. The first was a temporary measure, passed on the 22nd November, to stop the sale of liquor to natives, and has been fully reported to your Excellency in my despatch of that date. All are included in the Appendix, in which I have also printed the letter sent by Captain Bourke, of H.M.S. " Hyacinth," to each of the Arikis, on the flag being hoisted by him. This letter states their position and authority in making laws under the protectorate, and is regarded by them as a species of charter. The laws are readily obeyed by the natives, and fairly so by the foreign residents, between whom and the Natives a very good feeling exists.
A.—3
20
I may be excused for giving here a characteristic illustration of native procedure, as related to me by one of the persons concerned and on whom reliance can be placed. He desired, as a stranger, to see an orange-beer carousal, and was taken by a friend to the forest, in which he had heard of one proceeding at the time. After tasting the muddy liquid he was about to return, when the party, some twenty in number, suddenly scattered, leaving only the two white men and _ the native who had charge of the beer-tub. The cause was soon apparent in the arrival of two chiefs known to be policemen. They heard the explanation, and, after taking counsel together, decided to make no report, but invited the white men to join them in prayer that they might be saved from temptation and sin in the future. They prayed for all natives and white men, for Queen Victoria, and for their own Arikis and Governors. Then, overturning and breaking up the tub, they told the white men and those in charge of it to depart in peace and sin no more. Executive. —Bach Ariki in an island governs his or her own territory, and carries out or disregards, at his or her pleasure, the laws passed by the General Council for that island. Each is jealous of interference, and the jealousy is made use of for their own purposes by some of the foreign residents. This will be a delicate subject. The recognised order of rank and precedence ■with the three ruling Arikis of Earotonga is—Makea, Tinomana, Pa. As Makea's territory includes the Harbours of Avatiu and Avarua, it will naturally be the seat of government for the group. The local governments under the respective Arikis should, I think, not be interfered with at all, if possible. Their people obey them, and their authority and that of the missionaries are the props upon which the maintenance of peace and order depend. Each island has its own ancient customs. At Earotonga the Arikis are to some extent influenced by the mataiapos. At Mangaia the mataiapos are supreme, and have lately, as reported in the Pearse affair, deposed one of their Arikis, or kings, in a very summary way. At Atiu, and its tributary islands, Ngamaru, the Ariki is supreme. At his command the people of Mauke at once surrendered lately to Mr. Consul Exham eighty-nine muskets of various eras and descriptions, with which they had begun fighting amongst themselves. The muskets are still in Mr. Exham's care, and will be handed over to the Eesident. The Arikis are known, after installation, by their family names only. The installation is attended with great ceremony. The names have become titles, and they are addressed and spoken of by their own people as Makea, Tinomana, Pa, &c. The Arikis and chiefs are very proud of their genealogies, which are carefully preserved but not publicly exhibited or lightly handled in any way. Their tribal feuds, till the introduction of Christianity, were incessant and bloody, and their present political arrangements are a natural growth from that condition, tempered by the adoption of Christianity. In race they are pure Maori, and call themselves Maoris when speaking of the whole people. Each island has marked peculiarities of dialect, and its language is known as Mangaian, Earotongan, &c. Marriage and Divorce. —Marriage is performed by the resident missionary. Divorce is not legally recognised, but a husband or wife deserted for five years may be remarried. The missionaries act on their own judgment, and are searching and strict in their investigation before undertaking to marry a foreign resident. Marriages of such foreign residents with native women are numerous, and there are many half-caste children, to whom the parents are generally much attached. Education. —The natives almost universally read and write in the native tongue. This, with all they have of peace and civilisation, they owe to the missionaries, who have done a wonderful work in the short half-century since they settled on these savage and cannibal islands. That work, however, has now reached a new stage, demanding, I feel strongly convinced, new and wider methods in dealing with the Natives no longer secluded from the outer world. The churches are fine stone buildings, lofty, well built, and well fitted, but provision is much needed for teaching English to the natives, and, with moderate financial help, this could be undertaken at the missionary schools. A Mr. Ellis (late of Auckland) has opened a class for the purpose, and is apparently doing good work in that direction. He applied to me on the subject, as his school cannot be made self-supporting. But to be permanent and effective, the teaching of English should, I think, take a leading part in the regular missionary course of instruction. I attach great importance to this subject, believing that upon its proper handling, the preservation of the native race most largely depends. With a knowledge of English they would have access to a literature likely to stimulate their clever but torpid minds. European ideas as to the relation between the sexes would be more easily made to replace those of Polynesia which still prevail. Prostitution, in our sense of the term, is not known, but want of chastity before marriage is not regarded as a reproach. After marriage the case is different. The efforts made to enforce chastity by positive law, with its attendant public trial, fine, and public exposure, merely destroy all sense of shame, and have proved a failure. The missionaries do their best by teaching; but the ideas entertained are too old and deep-rooted to be thus eradicated. Public opinion is still formed by the natives themselves ; and, from the nature of the islands, European families will always be too few to make their opinions the rule. In olden times the minds of the natives were occupied with wars and diplomacy. Their home work was more varied and their amusements Were more active and numerous. The tapu and other customs operated also to mitigate any evil effect from their peculiar social views. These counteracting influences do not now exist. The natives were also more scattered then, and led a more individual life. They are now gathered together in villages in order to be near the church and school. Careful inquiry leads me to believe that early sexual excesses, the introduction of new diseases, the absence of healthy mental stimulus, and the too sudden adoption of European dwellings, habits, and clothing, are doing far more than intoxicating liquor to destroy the race. I
21
A.—3
would add to these the recent adoption of galvanised iron for roofing. The iron is used without lining, and often without any open space left between it and the low wall on which it rests. In their climate, the houses thus become for the natives, ovens by day, and are correspondingly cold by night. That the natives are decreasing in number is evident from the comparatively small proportion of children, and from the census taken at Mangaia in 1872. The Eev. Mr. Gill—then missionary at Mangaia—states in his " Life in the Southern Seas " that the population was found by the census of 1872 to be 2,266. The highest estimate does not now —twenty years later —place it at quite 2,000. I may here state that crimes of violence are so rare as to be practically unknown. In the appendix will be found a return for the period between the 28th November and the 26th December, from the Court at Avarua, kept at my request, and supplied to me by the Judge, Tepou, who has promised hereafter a similar return monthly from that district. Becovery of Debt. —How far laws should be made to assist in the recovery of debt by Europeans from natives is a question requiring great consideration. The natives in some respects are not yet sufficiently enlightened to be regarded as other than minors; nor have they any complicated mercantile transactions rendering credit necessary. The debts they incur are generally for premature house-building, or for articles of fancy and fashion which they could well dispense with till in a position to pay for them. Food and ordinary shelter and clothing are so easily obtained as to render debt for them quite unnecessary. In respectfully submitting this report and its appendices for your Excellency's information, I have refrained as far as possible from making suggestions, feeling that they must depend on the views of Her Majesty's Government as to the nature of the protectorate that has been proclaimed, and on the position which may be assigned to the British Eesident in connection therewith. Frederick J. Moss. To His Excellency the Earl of Onslow, G.C.M.G., Governor of New Zealand.
APPENDIX A. Copy of Letter addressed to each Abiki in the Group by Captain Bourke, E.N., of H.M.S. " Hyacinth," on the Formal Proclamation of the Protectorate. To , Ariki, — British Consulate, Earotonga, 27th October, 1888. The English Government having been petitioned to grant the protection of the British flag to the Cook Group of islands, I, by virtue of orders received, have this day hoisted the same over the district (or Island) of . And Ido hereby declare to the Ariki thereof, in the name of Her Majesty Queen Victoria, that her (or his) territory has become part of the British dominions. All laws and customs at present recognised will remain in force, and his (or her) administration over the district (or island) will not be interfered with. I enjoin her (or him) to exercise her (or his) authority with moderation and care, to rule the people with justice, and to remember that he (or she) now belongs to that great country which has done so much for the advancement of civilisation in all parts of the world. I further declare that all persons, of whatever nationality, who choose to reside in the country must conform to the laws thereof. Given under my hand this 27th day of October, 1888. Edmund Bourke, Captain H.M.S. "Hyacinth."
APPENDIX B. Laws in Force in Eabotonga at the Declaration of the Protectobate, 27th October, 1888 (in Eabotongan and English). E Ture no Earotonga nei. I akatikaia c te vi Ariki c Makea, Karika, Tinomana, Pa, E Kainuku. —Earotonga : printed at the Mission Press, 1879. " Kare au i acre mai c akakore i te ture, c akatupu ra." —Matt. v. 17. Kare ta tatou ture c akara i te tv ote tangata; pera katoa me tuku ite utunga, mci ta te Ariki c tae ua atu kite tangata rikiriki, mci ta te maori c tae ua atu i te papaa, okotai anake te tu. Okotai anake tv o te au tangata katoa ki mua i te ture. Tube I. —Ture no te Purepure. Auraka c tangata c keia i ta te Atua angaanga, i te vi anga kite taura-atua i te ara i maki ci to ratou taeake eta ratou tamariki. Auraka katoa euii te taura-atua ite apinga i keia ia ra, ka akavaia aia, tera tana utunga, 10 dala na te taura-atua, c 5 dala na tei acre atu c vi. Me te mea c moni tutaki ite taura-atua, ka riro na te ture te reira, c mea ke rai tana utunga. Akara ite Lev. xx. 6, Deut. xviii. 11, Is. viii. 19. Tube lI.—No te ta Tangata. " Auraka rava koe c ta ua i te tangata."—Ex. xx. 13. Ko tei ta i te tangata ra, c mate atura taua tangata ra, kia mate aia ra ka akavaia aia, tera tana utunga. Kia mate aia. Ex. xxi. 12. Ko te tangata ra kia rave i tetai tangata c tamate roa, ma te akakoro, ka akavaia aia, tera tana utunga kia mate aia c tikai. Ex. xxi. 14.
A.—3
22
E kia kore ra c rauka iaia tana i akakoro ra i te ta, ka akavaia aia, c c utunga mataiti tana, okotai mataiti i te tapeka anga, ma te rave i te angaanga a te Ariki i akatakaia nana, ci roto aia i te are tapeka anga moe ci i te po. Kareka kia ta tetai tangata i tetai tangata c mate rava atura, ma te akakoro c c inangaro ta tikai nona i taua tangata ra kia mate, ka akavaia aia. Tera tana utunga, kia mate aia, no te mea kua ta aia i te tangata kia mate. E kia rai te riri o taua tangata i akakoroia ra c ta, i te mou i te matipi o tei ta atu iaia ra, c mate atura taua tangata ra i te taia eia, kare aia c akautungaia. Kia ta tetai tangata i te metua tane c te metua vaine, c mate takiri atura i te taia eia, ka akavaia aia. Tera tana utunga, kia mate aia. Tube III.—No tb Toki Topa. Kareka. kia topa te toki me tipuia kite rakau, c topa atura taua toki ra ki runga ite tangata, c motu atura te tangata i taua toki ra, c mate takiri atura, kare te tangata i tipuia'i taua toki ra ki te rakau i akakoro c, eta iaia kia mate, kia tipu aia ite toki kite rakau, topa atura te toki kite tangata, mate atura. Inara ko tana utunga kare ia c tau kite utunga ate ta tangata, tera ua tana, c akautungaia i te moni, c 20 dala, ci akamaru i te ngakau o te kopu tangata o te tangata i mate, c kia kore c mate, c puta maata ra, 10 dala, c puta mea ngiti anake c 5 dala. Pera katoa tei puta i te pupui, c pupui manu tikai, te ta ra kite tangata c mate atura, no te mea kare i akakoro cka pupui kite tangata. Okotai rai tv i tei reira tuatua mci tei tataia ite toki topa. E akautungaia aia i te moni e2O dala ci akamaru i te ngakau o te kopu tangata o te tangata i mate. Pera katoa tei puta ite auri ko ika ki roto ite tai, c ika tana iko kite auri, te tv ra kite tangata c mate atura, kare aia i akakoro c, c ko i te tangata, kite auri kia mate, ko te ika ra, ko tana ia i ko. E akautunga katoaia aia ite moni e2O dala, ci akamaru ite ngakau ote kopu tangata o te tangata i mate ra. Pera katoa tei pa i te toka pei puaka, kare i pei kite tangata, c puaka tikai tei peiia, c pepe atura kite tangata, c mate atura, kare aia i akakoro c, c pei kite tangata kia mate. E akautunga katoaia aia i te moni, c 20 dala ci akamaru i te ngakau o te kopu tangata o te tangata i mate; kareka tei te metua, ko tei reira ia, tei te vaine ma nga tamariki, ko te reira ia. Tuee IV, —No te ta'u Are. Kia ta'u tetai tangata i te are, c ka atura te apinga i roto i taua are ra, ma te tangata katoa, ka akavaia aia, tera tana utunga, c tau iaia te mate. E kia ka ua tetai are ite ai; kare taua tangata ra i akakoro tikai c ta'u, no te mea ra eai topa ua nana, ka atura kite are, ma te au apinga katoa i roto. E akavaia aia. Tera tana utunga e2O dala, ka riro taua moni ra na te tangata nona te are tei ka. Ko te tangata ra c akakoro tikai c ta'u i te are, c ka atura te are c te apinga i roto, c kare c tangata i ka, ka akautungaia aia, tera tana utunga, c tapekaia aia i te auric rua mataiti, c tona katoa kainga ka riro i te tangata nona te are i ta'unaia c ia, kia kore ra c kainga, c toru mataiti i te tapeka anga, ci reira aia c tukuia'i kia acre. Tuee V.—No te kai Kainga. Kareka kia kai kainga tetai ariki, ma tetai ariki, ka kimiia tei reira tuatua, kia taka takai te tika anga i ta tetai c te tika kore anga i ta tetai, c taka iora te tuatua, c no tetai ariki te kainga, c kia maro mai tetai, c maro uaorai, c kia rai te maro anga mai; na nga ariki ravarai te reira c kimi, c kia taka meitaki tikai, na ratou ravarai c kimi i te utunga c tau na taua ariki ra. E kia kore c maro, kia tv tai, c kia tv rua, c ako ua atu iaia i reira. E kia tv toru ra, ka akavaia aia i reira, ka oki rai te kainga no te tangata kainga. Tera te utunga a te ariki kai kainga, c te mataiapo kai kainga, c te rangatira kai kainga, c 20 dala. Tuee VI.—No te Tane noo Vaine, etc Vaine noo Tane. Kai keia tetai tangata ite vaine noo tane, ka akavaia aia. Tera tana utunga, c 20 dala, ka va'i ia taua utunga ra, na te arika tetai pae, na te tangata vaine tetai pae, akapera katoa kia keia tetai vaine i te tane noo vaine. No te Tane takaua me keia i te Vaine noo Tane. Kia moe te tane takaua ite vaine noo tane, ka akavaia aia, tera tana utunga, e2O dala. Pera katoa te vaine takaua kia keia i te tangata noo vaine ra, c 20 dala. No te Tane takaua, c te Vaine Takaua. Kai keia te tane takaua c te vaine takaua, ka akavaia raua, tera ta raua utunga, c 8 dala, c 4 a te tane, c 4 a te vaine. Teia te au apinga c tau kite au utunga ravarai, me kore c moni, ci apinga memeitaki tikai, cte pakari; mci tei tau kite 8 dala, &c. Kia kore takiri te au apinga c rauka, ka tukuia kite vaere ite purumu cte ta'u ngaika, cte tipu vaie, c te tari mai. Tuee VII.—No te Keia c te ko Puaka. " Auraka rava koe c keia."—Ex. xx. 15. 1. No te Keia Puaka. —Kia keia tetai tangata i te Puaka, okotai tangata i keiaia'i, ka akavaia aia. Tera tana utunga, c 4 puaka mci te puaka i keia ia te maata, ka tua taua utunga ra, na te ariki tetai, na te au akava tetai, na te tangata puaka c rua, me kore c puaka meitaki c moni ia, mci te oko tikai o taua au puaka c 4 ra, mci te mea c, kau piri mai tetai tangata kite opukinga i
A.—3
23
taua puaka ra, okotai rai ia tv i ta raua utunga, taki 4 puaka mci te puaka i keia ia te maafca, me piri mai tetai aronga c kai i taua puaka ra, ka akavaia ia. Taki rua puaka ite tangata okotai, c kare c puaka, ci moni, ci apinga memeitaki Ida tau kite maata ote puaka i keia ia. Me kore tei reira au puaka, ka tukuia kite Purumu, cte vaere cte ta'u ngaika, ma te tipu vaie, cte tari mai, mci tei tau ito te tangata puaka c inangaro. Kia keia tetai tangata i te puaka-toro ka akavaia ia. Tera tana utunga, e3O dala ite tangata puaka-toro, c 5 na te ariki, esnate au akava. E kia ii te keia kite Oroenua, ka akavaia aia. Tera tana utunga, e35 dala ite tangata puaka, e5 ite ariki, e5 i te au akava. Kia keia tetai tangata ite Mamoe c te puaka-nio, ka akava ia aia. Tera tana utunga, c 10 dala moni tikai, c 5 i te tangata puaka, c 2Jr i te ariki, c 2J i te au a.kava. 2. No te ko Puaka. —Kia ko tetai tangata i te puaka i roto i te oire, ka akavaia aia. Tera tana utunga, 10 dala. E kia ko te tangata ite puaka ki uta, ki roto ite one kai kare aia c akavaia. E kia ko uaia taua puaka ra, c uuna atura, kare i akakite kite tangata nana taua puaka ra, ka akavaia aia. Tera tana utunga, 10 dala, kia ko ite Oroenua ki uta, c kare c akakite, ka akautungaia aia, c 30 dala. Pera rai ite puako-toro me ko ia. Tera te utunga e3O dala. Kia maro tetai tangata i te tuku atu i taua puaka-toro ma te puaka-oroenua ki uta, c marama, c mararna c kia tae i te 3 ote marama, c akavaia aia. Tera tana utunga, 10 dala. Pera katoa te puaka maori c 5 dala te utunga. 3. No te keia Pipi c te Moa. —Kia keia tetai tangata i te Pipi, ka akavaia aia, Tera tana utunga c 4 Pipi, c kia kai ua tetai, ka akautungaia aia, Tera tana utunga. E 2 Pipi, c akapera katoa te Moa c te Mokora c te ua Moa, c te au mea katoa. 4. No te kera i te au kai Bavarai. —Kia keia tetai tangata i te Meika, ka akavaia aia, Tera tana utunga, c 4 dala. Kia keia tetai tangata ite Kumara, ka akavaia aia. Tena tana utunga, c 4 dala. Kia keia tetai tangata i te Taro, ka akavaia aia, Tera tana utunga, c 4 dala. Kia keia tetai tangata ite Painapo, ka akavaia aia. Tera tana utunga, c 4 dala. E kia tokorua tangata ite keia i taua Painapo ra, ka akava katoaia aia, Tera tana utunga, c 4 dala. Kia keia tetai tangata iteNu cte Akari, ka akavaia aia, Tera tana utunga, c 4 dala. Kia keia tetai tangata ite To, ka akavaia aia, Tera tana utunga, c 4 dala. Kia keia tetai tangata ite Anani, ka akavaia aia, Tera tana utunga, c 4 dala. Kia keia tetai tangata i te katiri coffe, ka akavaia aia, Tera tana utunga c 4 dala. Pera katoa te au kai ravarai. Kia kai uaia ra c te tangata tetai au kai me acre ite au angaanga ite aura katoa, kareka te Meika, te Uatu, te Anani, te Nu, te li, te Kuru, te Ninita, te To, &c. Kare aia c akavaia. 5. No te keia Moni, c te au Apinga Bavarai. —Kia keia tetai tangata i te Moni, ka akavaia aia, Tera tana utunga, okotai koata i keia ia, 1 dala te utunga okotai afa i keia ia, c 2 dala i te utunga, okotai dala i keia ia, c 4 dala te utunga. E 5 dala i keia ia, e2O dala i te utunga, okotai ngauru dala i keia ia, e4O dala ite utunga, c akapera te au moni katoa. Pera ua atu rai, ta te keia moni utunga, c tae au atu kite maata anga. Kia kore -c moni ate keia moni, ci utunga ke, ci oroenua, ci puaka-toro. 6. No te keia i te au Apinga Bavarai. —Tera tana utunga, c 4 apinga, mci te apinga i keia ia te maata, c te oko ci moni anake, c rua na te tangata apinga, okotai na te ariki, okotai na te au akava. Tube VIII.—No te tapepe pikikaa ua. " Aura koe c tapepe pikikaa ua ia etai ke."—Ex. xx. 16. Kia kite tetai tangata ite keia. Tera tana c rave ko te aoa, etc kapiki kite tangata, kia tokorua, c kia tokotoru, c kia toko a te tangata c kite i taua keia ra, kia riro ia ci tuatua mou, 1 roto i te vaa o nga kite toko a ra, Ka akatikaia ia, kia kore ra koe c aoa, Acre ua'i koe c akakite kite akava, kare taau c akatikaia mai. E kia tapepe pikikaa ua te tangata i tetai ke, kia tv toru te tapepe anga, ka akava ia aia. Tera tana utunga, c 5 dala, okotai c te afa na te Ariki, c rua na te tangata i tapepeia ra, akotai c te afa na te au akava. Tube IX.—No te keia taka kobe. No te tangata keia, kia kimiia taua tangata keia ra, me kua keia ainei, me kare? c kia kore c taka meitaki, ka tukuia aia kia acre kite kainga, no te mea kare i taka meitaki; E kia kitea ra i muringao, kia kimiia c, kua keia tikai, c tau iaia te akava anga. Tera tana utunga c 4 dala no te takinga mua mai o taua tangata ra, c 4 dala no te rua o te takinga mai. Tube X.—No te vaine takaua, c te tamaeiki metua kobe. Kia mate te tane a taua vaine ra, c toe iora, koia c nga tamariki. Tera te tuatua ia ratou, ka noo ua rai ratou i runga i te kainga, kare c ngaueue. Tera ua te mea ka taka ke ci taua vaine ra, Kia toru ona akava anga, kua taka ke ia i runga i taua kainga ra, no te mea, kua takinga kino aia i tona tiaki, koia te ture. Tera tetai ona taka ke anga, Kia riro i te tane. E taka ke anga meitaki ia tei reira. E toe iora ko nga tamariki, ko te ka noo ia ki runga ite kainga ; E kia kore nga tamariki, cte ora rate tuakana o taua tangata i mate ra, ma te teina o, ka riro te kainga ki runga iaia. E me kore takiri taua kopu taugata ra, Ka apai ia taua kainga ra ki runga i te pu, Kareka, c Ariki ra, c Mataiapo ra, c tangata nui ra, ci reira taua kainga ra, no te mea, kare c uraura toe i taua kopu tangata ra. Ei roto i te vi Ariki, c mga Mataiapo, ma te vi rangatira te tika anga i teia ture. Tube XI.—No te Tangata akateitei ki bunga i tona Abiki, c tona Mataiapo, c tona BANGATIBA, E TONA TUAKANA. Kia tupu te pekapeka i tetai Mataiapo, c tetai Eangatira, ma tetai Ariki, Oro atura ki runga i tetai Ariki ke, c tetai Mataiapo ke, c tetai Eangatira ke, apai atura aia i te kainga ki tetai ariki ke,
A.—3
ki tetai mataiapo ke, ki tetai rangatira ke, kare i vaio i te kainga no tona Ariki tikai, no tona Mataiapo tikai, no tona Sangatira tikai, kua apai ke ki runga ite tetai ke. Kia akapera te tangata, kare tana c tika. Kia oro mai tetai tangata mci Arorangi mai ki Avarua nei, ma te taoi mai i tona kainga kio tei reira ariki, ki o tetai matatapo, ki tetai rangatira, ko taua tangata i oro maira, kare tana c akatikaia; E kia oro mai tei Ngatangiia, okotai anake tv ite tuatua, mci tei akakiteia akera, Kare rava ta te akateitei c akatikaia. Tera te utunga ate tangata akateitei, ka rave takiriia tona kainga, kare tetai c vaioia. Kia ii kite Ariki, kite Mataiapo, kite Bangatira, kite Tuakana, ki ti Teina. E kia oki mai kia taakaaka a muringao, c kia tataraara, ka akaoki akaou ia taua kainga ra ki runga iaia. E kare aia c taakaaka, ma te tataraara tikai, Kare takiri taua kainga ra c akaoki ia kiaia, ko tona n-gere ra ia. Tube XII.—No te tangata akakoko. Kia akakoko tetai tangata i te Ariki, c te Mataiopo, c te Eangatira, ko te tangata ra c akapera ite akakoko, ka tau iaia te akava anga. Tera tana utunga, E patu ite Purumu, 10 te roa, c vaere, c te ta'u ngaika, c te tari mai. Tube XIII.—No te Ariki kai tamaki. Kia kai tamaki tetai Ariki, ki tetai Ariki, c tetai Mataiapo, ki tetai Mataiapo, c tetai tangata ua, ki tetai tangata ua, c tetai Eangatira, ki tetai Eangatira. Ko te Ariki ra i kai tamaki, ka apai keia tana taoonga, ka pera rai te Eangatira kai tamaki, ka apai keia tana taoonga, ka pera rai te tangata ua i kai tamaki, ka akautunga anake ia, kare te Ariki akatupu kino, c te Mataiapo akatupu kino, c te Eangatira akatupu kino, c te tangata rikiriki akatupu kino c vaio i roto i teianei ture, ka akava anakeia. Tera te utunga, c patu ite Purumu, etc ta'u ngaika, etc tipu vaie, ma te tari mai. E moni 100 dala. TUBE XIV. NO TE BEO IKU OTE TANGATA MATE. Kia mate tetai tangata, Auraka c iku poiri i te kainga ma te apinga kite vaine, c te oa, Tera te tau, E iku tikai kite Ariki, ma te akava, ma nga kite c manganui, na ratou c akatika i te reo iku o te tangata mate, E i reira c taka'i, no mea ia, no te vaine ra, ko te reira ia, no nga tamariki ra, ko te reira ia, no te taeka ra, ko te reira ia, no te oa ra, ko te reira ia. Ei reira c taka meitaki ci te reo iku o te tangata mate, kareka kia iku ua kite oa c noou to taua kainga, c kare te ariki i kite, ma te akava, c te Au i taua reo iku ra, kare te reira tuatua c akatikaia. Ko te tuatua teia o te au reo iku ravarai, Ei te Ariki te tuatua vai ci ma te Akava c te Au. Tube XV.—No te Kava papaa. 1. Kia apai mai tetai Eangatira pai i te kava papaa ki teia enua nei c oko, c acre te au akava ma te Au c akakite kite Eangatira, kare teia oko c tau i te ture i teia enua, E kai maro te rangatira pai ma te papaa noo enua nei c te tangata maori i te apai mai i taua kava ra ki uta nei, c acre te au akava ma te Au' c vavai i te paero, ma te au moina katoa, c kia riringi katoaia te kava kia ope takiri, c c akava i te au tangata katoa ko tei tauturu i te apai mai i taua kava ra ki uta nei, tera tana utunga, taki 10 dala i te tangata. 2. Tera te utunga a te inu kava c 5 dala. 3. Kia apai poiri mai tetai tangata i te kava papaa, c te wina akakona ko tei kairo ia i te kava, c kitea atura, c akavaia aia, tera tana utunga, c 30 dala, c te kava kai riringi katoaia te reira, na te ariki 10 dala, na te kite 10 dala, na te au akava 10 dala. 4. Kai maro tetai tangata i te oko kava, kareka kia rua akava anga, c tuaruia aia, c papaa ra tei reira ia, c maori tei reira ia. Tube XVI. —No te kava maori c te anani. Kia inu tetai tangata i te kava maori c te anani, c tetai au kava mci tei reira te tv, ka akavaia aia, te utunga a te tangata i akatunmia'i te kava, 10 dala. Tei inu ua c 5 dala, kia invite sabati 15 dala. Kia kona ra tetai tangata, kia rere ki vao, 15 dala, mci te mea c, kare takiri c moni, ci apinga pakari tikai, ci apinga papaa c te apinga maori. Kia kore c apinga, c vaere i te purumu, c te ta'u ngaika, c tipu vaie, c te tari mai kite ngai i akataka ia. No te uipa anga inu kava. Kai uipa te inu kava kite ngai okotai, mci te mea c, tokorua, tokotoru, etae uaatuki temaata. Okotai rai tv ote utunga, mci tei akakiteia i mua akera, ta te pu eta te inu ua. Kia acre ki to tetai ke kainga inu ci ka akavaia aia, tera tana utunga, c 6 dala. Tube XVII. —No te kona kava. Kia inu tetai tangata ite kava, c kona atura, ka akavaia aia, tera tana utunga, c 6 dala. Pera katoa ite kava anani, etc au kava ravarai. Tera tei akakiteia, ka akavaia te tangata c invite au kava ravarai i akakiteia nei. Tera to ratou utunga c 6 dala. Kia akakona ra ki roto ite oire, c kai, vavai ite are, 10 dala. E kai mate atu tetai i tetai, ka akatungaia raua, 10 dala ta tetai, 10 dalata tetai. Me kore temoni, ci apinga papaa etc apinga maori. Me kore te reira, ka riro kite purumu etc vaere, etc ta'u ngaika, c te tipu vaie c te tari mai. Tube XVIII. —No te oko anga, a nga tangata tokobua. 1. Kia oko tetai tangata ma tetai tangata, kua akataka meitaki tikai i ta raua tuatua, kua mou ta tetai c ta tetai, kua pa kite rima, no te mea kua taka tikai ta raua tuatua, c muringao kau akaruke ita raua koreromotu, kua akaoki mci tetai i te apiuga ki tetai. E kimi akaouia ta raua tua-
24
A.—3.
tua i akataka ana i inua ka oko eiraua, c kia taka tikai te reira, ci reira c kapitiia'i taua apingaraki te tangata okotai, ngere atura tetai. 2. No te apinga taka kore te meitaki ite oko anga. Mci te mea c, c apinga kua kitea te kino, kareka c Pona pc ra, c Moni tapou ra, c Toki aati, c Moni rava kore, pera katoa i te au apinga ravarai, ka tika te reira kia akaokiia, c tupau atu kite apinga ou etc te meitaki; mci te mea c, c Moni rava kore, ci Moni rava tikai te oatu, c kakau pc ra, ci kakau ou tikai te oafcu, c puaka ikoke ra, ci puaka matu te oatu ci pau. Kia pera ua rai te au oko katoa. 3. No te Bore ite oko anga. Kai oko c tokorua tangata, kua tau tikai ta raua oko, kua riro ta tetai ki to tetai rima, c ta tetai ki to tetai rima, kua acre maira tetai c Eore i taua oko ra, ka akava ia aia, tera tana utunga, c 4 dala. Tube XIX.—No te va'i are. Kia keia tetai tangata i te are apinga, ka akavaia ara, tera tana utunga, 15 dala, no te va'i are, no te mea kua va'i aia i to tetai ke are, te apinga no tana utunga, ci apinga memeitaki c te pakari, Me kore takiri te reira au apinga ka tukuia ki nga utunga openga i akakiteia ite ture ote keia. Te utunga ra o te keia, c aite ia kite maata o te au apinga i keia ia ra. Tube XX.—No te Papaa tapini. Kia tapini te Papaa kite enua nei, ka akavaia aia, tera tana utunga, 10 dala, c 5 na te ariki, c sna te kite. Kia acre rate pai i apaiia mai ci taua papaa ra, kare aturu taua tangata ra i kitea, akaruke maira te rangatira kite enua nei, c kitea iora i muringoa, ka akavaia aia, tera tana utunga, ka riro ci rave angaanga enna, okatai marama. No te tangata i akatapiniia'i te Papaa. Ena tetai tangata no uta nei i akatapini ite Papaa, ka akavaia aia, tera tana utunga, 10 dala moni, c kare c moni, c puaka ko tei tae kite 10 dala me okoia, c me kore c apinga c tau kite 10 dala me okoia, c vaere i te purumu c 40 te roa, c 2 te atea, cmc kore ia, c tipu vaie, tera te rainga ote vaie, c 2 poti. Mci te mea ena te papaa uaori i tapini, c mea meitaki ia, auraka ra to uta nei c piri atu. Tube XXI.—No te Papaa noo ki uta nei. 1. Kia inangaro tetai Papaa i te noo mai ki uta nei, auraka c oko i te enua, ci runga ite tangata i angaiia'i tana tutaki, c tae ua atu ki tona tuatau c oki ci ki tona enua, Kare takiri c akatikaia i teia tuatau nei te oko enua. 2. No te Papaa maki. Auraka takiri te rangatira c akaruke poiri ua i tetai tangata i konei, kare c tika kia noo ua te papaa i uta nei. Auraka takiri te rangatira c akaruke ite tangata maki kino, kareka te mare etc maki pukupuku, ko te mate aea tatou. Kia apai mai tetai rangatira i te tangata maki ki uta nei, c kia tika i te ariki kia noo taua maki ra ki uta nei, c omai te rangatira c 30 dala kite tangata c angaiia'i taua tangata maki ra. 3. No te Papaa noo mai ki utu ite enua nei, Kia inangaro tetai Papaa i te pati i tetai kotinga enua ci akatu are nona, kare takiri c tika, ka oko rnarama ua aia i tetai are o etai tangata 0 teia enua, i reira aia noo ci, c kia ope te mataiti okotai, ka papau akaou aia i te koreromotu ou, c pera ua rai. Tera tetai, Auraka te tangata kainga ma te papaa c papau poiri ua ita raua koreromotu. Ei te ngai atea akataka'i ita raua tuatua, ci o te ariki ma nga kite c manganui, auraka katoa kia tupu te pekapeka, kia akakiteia ra i te au tangata katoa o tona oire, i reira c papau ci, auraka katoa te tangata are c akangaropoina i te pu o te one. 4. No te au akava. Kareka kia uru mai te poti kite euua, auraka te tangata c ati ki roto ite tai, ka opu ci i te papaa, kare ia c tika i te ture, ki akavaia ia, c kia topa mai te papaa ki uta, ka rave ci te tangata ci oa nona, ka tika ia, c kia niaro i te opu ki roto i te tai, ka akavaia ia, tera te utunga c 5 dala. Tube XXII.—No te makete. 1. Kareka kia acre mai te rangatira c oko, na te rangatira oko c vi kite rangatira pai, 1 te rainga o tana kai ka oko, c kia taka, nana rai c akakite mai i te rainga o ta te rangatira ka oko, kia kite tatou. 2. Tera te tuatua, auraka te tangata c akapekapeka i te Eangatira oko, c te Bangatira pai, kia noo tatou kite are oko anga, ma te pekapeka kore, kia riro ta tatou oko anga ci akara anga meitaki na te au Eangatira pai, c na te au Papaa c acre mai ki o tatou nei. 3. Tera tetai tuatua, Auraka kotou c te vi ariki c apai ua i te opa kakau meitaki no kotou, mci te mea c, c oko kai ua na te Eangatira. Tera te meitaki, no kotou tetai pae, no te tangata rikiriki tetai pace tikai, mci te inea c oko moni ua, c tika ia kia rave kotou, no te mea c moni te oko. 4. Ko te akakite anga teia i te tv i te oko anga a to Avarua, kua tuaia ki nga pae o to ratou oire. Kareka kia oko tetai papaki, auraka te tangata c kononinoni ite oko anga a tetai pae, c tetai pae, c acre te tangata ki vao noo ci, Auraka te tangata c tv ki runga, ka kapiki mai ci, teia taku oko, kare te reira c tika, tei te rangatira oko uaorai te tuatua i te oko anga, koia te ka tuatua ite reira angaanga. Na te au rangatira enua c akara i te kino, kia maro te tangata i te tv ki runga, ma te kononinoni, na te akava c tapeka, kia riro tera ture nei, ci mea akono ia c te tangata c meitaki ci. Tube XXIII.—No te Sabati. 1. Auraka te tangata c akanoa ite ra sabati. "E akamaara ite ra sabati kia akatapuia." Ko te tv ia ote akono anga ite ra sabati, i akakiteia i roto i teia ture nei. Teia tei kore c tau kia raveia i te ra sabati, Te au ara katoa me raveia i te ra sabati, c mauta ta ratou utunga i tote aura katoa. Kia hoka acre ua tetai tangata ite ra sabati, me ope te tangata kite pure, te acre ru aia ki tera kainga, ki tera kainga, kare, rava ia c tika, ka akavaia aia, tera tana utunga, c 2 dala. Tera
4—A. 3.
25
A.—3.
te mea tika, kia oti te pure ka acre ci na te au ngutuare, ka tika ia, vote mea, tera te tangata tei te ngutuare. 2. No te taeake maki i nga oire katoa. Kia maki tetai taeeke i tetai oire, c maki maata roa, kua vaitata kite mate, ka tika ia kia acre te tangata i te ra sabati kare te tangata ke ua c acre, ko te taeake tikai o taua tangata maki rate acre, c oroenua tona, ka tika ia kia akaoro i te ra sabati tokorua ua tangata c tika kia acre i taua sabati ra, auraka c takiaata ua, kare c tika, Mci te mea c, c maki mate, auraka te tangata c tari kopekope i taua ra sabati ra, c ngari ake kia tuku kite po ka acre ci. 3. No te ara ngaa ite uriia ite sabati. Kiangaa te are ite uriia ite ra sabati ka tika ia kia akatuia i te ra sabati. 4. No te puaka mate i te ra sabati. Kiamate te puaka i te ra sabati, ka tika te reira kia ta'unaia i te ra sabati, c kia maoa, ka kai kia poutakiri. 5. Note vaka panu ite sabati. Kiapanu te vaka i tera sabati, ka tiki kaaru kia rauka. 6. No te aerenga tae mai mci te moana ite ra sabati. Kai acre mai tetai tangata ite sabati mci te moana mai, c kare c kai i toou kainga, ka ta'u koe i te kai i taua sabati ra, no taua aerenga tangata ra. 7. No "te kave vai i te sabati. Kai pou te vai i kaveia ite maanakai, c kia kaki vai koe ite sabati, ka tika ia kia kave. 8. No te au akava. Ko te au akava ua te tika kia acre ite ra sabati. 9. Note pai tae ite sabati. Kia kitea maite pai ite ra sabati, ko te poti ua ake te acre ki tai c atoro, ka taoi i ta ratou kai c te vai, ka mate aea ratou i te pongi c te kaki vai. 10. No te pai onge. Kai acre mai tetai pai onge kite enua nei, c kare c kai i roto ite makete, ma tea au ngutuare katoa, ka tika te kai kai raveia i te sabati i reira, kareka te kumara, c 2 ake paero, c meika ra, c nu ra, na ratou c akakite mai i ta ratou kai c kaki, c kai kore c vai, ka utui rai ta ratou vai i te sabati. 11. No te pai ngaa ite sabati. Kia ngaa te pai ite sabati, ka tika kia raveia ite reira ra. 12. No te kaki kai maana ate maki ite sabati. Kia kaki te maki ite kai maana ite sabati, ka tika ia kia ta'unaia, ka akapera rai i te vaine me anau tamariki, ka tika rai kia ta'unaia te kaia i te ra sabati. 13. No te tangata maki ite sabati. Kia rokoia te taiigata etc maki i tera sabati, mci te mea c maki maata, ka tiki rai te va rakau i te ra sabati. 14. No te kave tai ite sabati. Auraka te tangata c kave ite tai ite sabati, ci te maanakai ka kave ci i te tai, kare ia kai c tika kia raveia mai itera sabati. 15. No te tangata aerenga puapinga kore ua ite sabati. Kai acre ua te tangata i te sabati ki tetai oire ke, c kare ua c puapiuga i tona aerenga i taua ra ra, ka akavaia aia, tera tana utunga c 5 dala. 16. Note umu kai maana ite au popongi sabati. E tika kia ta'unaia te au ninu kai maana ite au popongi sabati. 17. No te aronga c acre ki nga oire ako ci ite sabati. Ka akaoro rai ratou na runga ite pua-oro-enua i te ra sabati, kai acre ratou kite rave angaanga. Tube XXIV.- —No te vaine pibi kobe kite tana, c te tane piei kobe kite vaine. Me kore raua c piri, ka akavaia raua. Tera ta raua utunga, e5 a te tane dala c 5 a te vaine dala. Kia kore c rauka te moni, E ngaika c tipu vaie, etc tari mai, ko ta te tane ia. Tera ta te vaine e5 te roa ite moenga e2 te pararauare. Auraka takiri raua kia matara. Tube XXV.—No te tata ingoa o te vaine ki bunga iaia, c to te tane i to te vaine. Kia tata te vaine i te ingoa ote tane ki runga iaia, pera katoa te tane i to te vaine ingoa, i te tata anga ki runga iaia, ka akavaia aia, Tera tana utunga c 4 dala. E kia tata ua ite tata ua nei, kare ia c akavaia. Tube XXVI.—No te tane obo Pai. Kia oro te tane kite pai, c rima mataiti kite moana, ka akaipoipoia tana vaine, ki tetai tane ke. Tube XXVII.—No te ao kai. Me tupu te angaanga nunui kite enu nei, kareka te au akaipoipo anga, auraka te tangata c ao ua i te puaka, c te apinga c noo marie ua koe, c kia omai uaia taau, te rave ra koe, te acre ra ma te rekareka, c kare rai c omaiia, auraka rai koe c ao, c tv rai c acre, kia maro koe i te ao, ka akavaia koe, c 5 aau utunga, c puaka, c apinga, c kai, c kare ia au mea c rauka, ki tukuia ki nga angaanga i akakiteia i te openga o te au utunga. Tube XXVIII.—No te oeo-enua c te puaba-toko ma te puaka maoei, ki bebe ki uta. Ka po tai, ka po rua, ka po toru, kare ia c kino, c kia tae kite ngauru o te ra, na te ture ia, kare toou vaa c tuatua mai i reira; Kia pou te pa'u kai ite puaka, ka tutaki koe, c 4 tutaki, c puaka c apinga, c kare ia, ka riro naau c tanu i te pa'u kai i pou i te puaka. Tube XXIX.— No te tamaeiki akaeuke i te kainga o te metua. Kia ako te metua tane i tana tamaiti i te koka ki o tetai, c kare c akarongo mai, Ka akavaia ia, c 5 te roa i te patu toka, okotai iadi c te afa i te pararauare. TUEE XXX.—No TE TAMABIKI TAKINGA-KINO METUA. Kia ta te tamariki i te metua tane, c te metua vaine, Ka akavaia aia, Tera te utunga, 10 te roa i te patu toka, c ka patitiia o 2 marama, c kia tataraara, kua matara aia i reira.
26
A.—3.
TUEE XXXI.—NO TE TANGATA AKATAU I TE TANU KUI, I TONA KAINGA. JH tanu koe, c tama, i toou kainga, kia maata te kai, c kai naau c taau vaine, c taau tamariki; ci angai ci i taau puaka, c taau maim, kia matu, ci oko kakau noou, c taau vaine, c ta korua tamariki, auraka koe c keia acre ua i ta tetai kai, kua o mai te Atua i oou rima, ci rave angaanga, ci tanu kai, kia tanu koe i te ua a toou rima i tanu ra, Ka riro ia ci meitaki no te vaine, c nga tamariki, rekareka atura koe i reira, ma te akameitaki ite Atua, ite Atu ote au meitaki ravarai. E kia kore ra koe c tanu i toou kainga, acre ua atura koe kite keia i ta tetai kai, ci angai i taau vaine, ma taau tamariki. Ka akavaia koe, tera taaa utunga, c Akataa, ka tutu aereia toou ingoa, ci akakite i toou akatau i te tanu kore, kia akama koe, ko taau ia utunga, c ka topaia toou ingoa ko te tangata koka ua. E kia maro koe i te akatau, c kare toou kainga i tanumia tikaia c koe i te mataiti okotai, c akavaia koe, tera te utunga, 10 c taeta purumu, ka akapera ua atu rai i te au mataiti katoa. Tube XXXII.—No te apinga akaeuke. Kia akaruke tetai tangata i tana apinga, kia kitea ra c tetai tangata kite ngai i topa'i, auraka aia c uuna, kia uuna koe ka akavaia koe, tera taau utunga, c 5 dala. Tube XXXIII.—No te tangata obi ua i te po. Ka acre rai te tangata taufcai ika i te po, kare ia c akokoreia, ka acre rai te aronga mako tikai i te po ki to ratou aerenga, kare ia c akakoreia. Ko te tangata mako kore, koka acre ua'i i te po, Eaa ua akera tana pu acre ? kia kitea aia ki roto i te ora 9, i te acre ua anga i te po, ka akavaia aia, tera te utunga c 5 te roa i te purumu, c 2 te pararauare. TUEE XXXIV. NO TE EANGATIEA PAI KEIA TANGATA. Auraka te rangatira pai c rave keia ua i te tangata no uta i te enua nei, ki runga i toua pai, c akatika ana te tuatua kite ariki, c kia tika i reira, ka rave ci, c kare c tika, ka akaruke. Auraka te koreromotu c papau ua ia i tetai are o te papaa noo ua i runga i te enua, i mua i te aroaro o te ariki ra, c o te orometua papau ci, kia tika tikai te tuatua i runga i te pepa. Tube XXXV. —No te vaine kia keia ia. Kareka kia acre tetai tangata kite keia vaine, i roto ito tetai are, kareka ki o te ariki, ki o te orometua, ki o te tangata rikiriki, ka akavaia aia, tera tana utunga no te va'i are, 10 dala. Tube XXXVI. —No te au pai tutau ki baeo i te ava. Auraka te au rangatira pai c taruna i te ava me tutau to ratou au pai, auraka ratou c uri i te toka mci roto i to ratou au pai ci taruna i te ava, kare takiri te reira c tika, ko te rangatira c akapera ka tutaki aia, 10 dala. Tube XXXVII.—Tube no te Kava i eunga i te au pai tutau i eoto i te ava, kaee E TIKA KIA TUKUIA XI EUNGA I TE ENUA NEI KO EaBOTONGA. Tera te tv, ka acre te Tiaki Ava ki runga i te pai ka akara i te Kava, mci te mea c Kava, ka tuku te Tiaki Ava i te akairo ki runga i te au pia Kava etc paero Kava, c te moina Kava takiekie, c te au moina rikiriki katoa, kia oti ka acre te Tiaki Ava ki uta, kia tae ra kite ra c acre ci te Pai, ka oki te Tiaki Ava ka akara i te Kava c te akairo, mci te mea c kua raveia te akairo, ka mou te rangatira ite auri; ka akavaia aia c utunga maata. Koia i akakino ite akairo, mci te mea c kua ngaro tetai paepae, te paero c te moina takiekie, c te moina rikiriki, ka akautungaia aia, 100 dala. Tube XXXVIII.—No te kai ou. Kare takiri c akatikaia te kaiou kio te au Papaa, ko te tangata c maro kite kaiou na te ture aia c rava c te enua, ac, aua c maro, oatu omai, meitaki koe meitaki au, c te papaa c, auraka koe c tuku i to apinga kite tangata ci kai ou, me tuku koe na te re koe. Tube XXXIX.—No te au Pai aeee mai kite enua nei ko Eaeotonga. Tera te tv, ko te pai akateretere acre ua i te pai enua nei, me rave tetai tangata i te ara ki runga i te enua nei no runga i taua pai ra, pai tira tai, tei reira ia, pai tira rua tei reira ia, pai tira toru tei reira ia, poti tei reira ia. Ka akautungaia aiaki te ture enua. Me tutau te pai i te moana ua ka tutaki rai aia, c toru maile mci te enua atu nei kite moana, ko te au pai ra c akatupu kino i roto i taua toru maile ra, na te ture enua anake c rave i te reira. Tube XL.—No te Oko anga. Auraka te tangata c tari mata ua i te apinga kite oko anga, tera nga apinga kare c tau kia tari mata ua kite oko anga, c coffee c copara, me tare meta koe i tanu apinga, ka mou koe i te auri, kia maro ato apinga ci reira koe ka apai ci ito apinga kite oko aanga, kare koe c ara. Pera katoa te papaa i tana, aua aia c omai i te kakau pc c te moni rava kore, me pera koe na te ture koe, ci apinga meitaki tikai taau c omai, c te moni rava tikai, kare koe c ara i reira. Tube XLI.—No nga tangata taumaeo c te akama ingi toto. Kia taumaro nga tangata tokorua i tetai tuaina no tetai apinga, c tupu atura to raua pekapeka, moto atura tettai i tetai,maringi atura te toto, mci te mea c toka pei, c matipi, c toki tepa ua mci tei reira te tv, kare i mate te tangata, ka akautungaia aia ko tei maringi te toto, 10 dala. TUEE XLII.—No TE AKAAU TANGATA. Auraka te papaa c te maori c akaau tangata mci tetai enua ke mai, kare c akatikaia, ko te tangata c maro i te akaau tangata na te ture aia, tera tana utunga c 20 dala.
27
A.—3
Tube XLIII.—No te tangata akaauia i bunga i te enua. Tera te tv, mci te mea c tangata Earotonga, c tangata no nga pa enua nei. Tera te tuatua, na te Au c akaau, me inangaro te au papaa c te maori ci rave ; ngaanga, ka acre ratou kite Au ka akaau, me kore c tika i te Au i te akaau tei iaia te tuatua, me acre poiri ua te tai kite rave anganga, kare te Au i kite ka mou aia ite auri. E 50 dala. Tube XLIV.—No te Pueumu. Tera te tuatua no te Purumu, okotai marama okotai akamanea anga, kare c tangata c taitoito, me taitoito ra tetai tangata kare c acre kite vaere ite Purumu, na te ture taua tangata taitoitoi ra c rave, c 2 dala c te afa te utunga. Tube XLV. —No te ta i te Au b te Akava. Ko te tangata c ta i te Au c te Akava, ka akautuugaia aia, tera tana utunga c 5 dala. Tube XLVL—No te Peee. Kare takiri te Pere c akatikaia ki runga i teia enua nei ko Earotonga, ko te tangata c rave i te reira peu, na te ture aia, ka akavaia aia, tera te utunga, ta te tangata nana te Pere, 10 ana dala, ta tei Pere ua c 5 dala. Kua tika roa teia ture ia rnatou. Makea. Pα. Kaeika. Kainuku. TINOMANA. Na matou na te vi Ariki i Earotonga nei.
Additional Law. Ture, no te Kava Maori c te Kava Papaa. Kare rava te Kava Maori c te Kava Papaa c akatikaia ki runga i te enua nei ko Earotonga, Kare c kare rava atu c tika; kia akarongo mai koutou etc aronga maro ite rave i teia apinga i kataraia etc Ture. To te enua nei, eto te moana mai; te Kava Maori c te Kava Papaa : okotai anake tv, kare c tika. Tera te tv o teia Ture, I. Ka Tumu. —Me Maori, me Papaa, akaapa ai i te ture, 100 dala. 11. Ka Mangamanga.—Me Maori, me Papaa, akaapa ai ite ture, 50 dala. 111. Ka Eau.—Me Maori, me Papaa, akaapa ai i te ture, 15 dala. Te Tumu. —Ko te au Pu Kava ite enua nei, eteau Pu Kava meite moana mai; te Maori etc Papaa: to te enua eto te moana :me akaapa i teia ture nei, koia te kumu i te kava, koia te tari kava mai; tea te Ture Tai te akakite anga i te utunga. Te Mangamanga.—Ko te axx tangata oko kava mai, mci te Tumu te Maori c te Papaa : to te enua nei, ma to te moanamai: tera tana utunga, tei akakiteia ite Ture Eva. Te Eau.—Ko te tangata oko kava c inu, ma te kai ua ; te Maori c te Papaa : tera tana utunga, tei akakiteia i te Ture Toru. [This law has neither number nor date attached. It was published in 1888, as having been passed by the Council of Arikis—Makea, Karika, Tinomana,, Pa, Kainuku, Vakatini. It was never enforced.]
[Tbanslation.] The Laws of Eaeotonga. Made by the Council of the Arikis, by Makea, Karika, Tinomana, Pa, and Kainuku. Printed at the Mission-house, Earotonga, 1879. " I have not come to destroy the law, but to fulfil it."—Matt. v. 17. Oue law is no respecter of persons. The penalty, from the chief to the least, from the native to the foreigner, is the same. All people are alike before the law. [The following is a summary of the laws. A literal translation is not given, as they contain much exposition and commentary which, however useful to the natives at the time, is not considered necessary in an English version. The enactments only are therefore given.—JP.J.M.] I. SoBCEEY. No one is allowed to make evil use of any of God's works, such as asking a sorcerer to find out the cause of sickness, or as to the discovery of a thief. The penalty is, for the sorcerer $10 fine, and for the person asking him $5, and forfeiture of any money that may have been paid to the sorcerer. See Lev. xx. 6, Dent, xviii. 11, Is. viii. 19. II. —MuEDKit. " Thou shalt not kill."—Ex. xx. 18. He who strikes a man, and that man dies, shall be judged. Here is his penalty :He also shall die (Ex. xxi. 12). If any man wilfully and of intent cause the death of another he too shall die (Ex. xxi. 14). If he fail in his intent he shall still be judged, and his penalty one year in prison, with such labour as the chief may decide. He will sleep in the prison at night. If a man slay another in self-defence he shall not be judged. The Falling Axe. If an axe fall when a man is using it, and another is killed by the fall, and there has been no intention to kill him, it will not be judged as murder. The penalty shall be a fine of $20, to pacify
28
A.—3,
the friends of the dead. If the injured person die not, but be only severely hurt, then the fine shall be $10 ; if slightly injured, $5. This also shall be the law when the death or injury shall be from a gun in bird-shooting, from a harpoon when fishing at sea, &c. If a man throws a stone at a pig and it strikes a person and death follows, without evil intention on the part of the thrower, he shall be fined $20, half of which shall be paid to the friends of the deceased. IV.-—HoUSE-BUKNING. If a man burn a house, and the people in it are killed thereby, he too shall die. If the burning be accidental he shall be fined $20, to be given to the owner of the house. If a man with evil intent burn a house, and the things in it, but not the people, are destroyed, he shall be kept in irons for two years, and his land be given to the owner of the burnt house. If he have no land he shall be kept in irons for three years. V. —Disputes about Land. If a chief enter the land of another chief and claim it the law shall decide between them. If the chief who is in the wrong persist in that wrong, then all the chiefs shall assemble and decide what his punishment shall be. If he then obeys the law he shall only be admonished, but if he refuse after three warnings the land shall be taken from him and given to its rightful owner ; and for the offence he shall be fined §20. VI. —Husband and Wife. If a man take another's wife he shall be fined $20, of which his chief shall have one half and the husband the other half. Such also will be the penalty of a wife leaving her husband in the same way. The unmarried man who takes another's wife shall be fined also $20; and unmarried women taking others' husbands shall be dealt with in the same way. Unmarried men and unmarried women committing fornication shall be fined $B—i.e.,8 — i.e., $4 each. If they have no money they shall pay in goods or property ; and if they have nothing they shall be put to work on the roads, or at burning lime, or cutting and bringing in firewood. Vll.—Stealing and spearing Pigs. "Thou shall not steal."—Ex. xx. 15. Pig-stealing. —For this, the thief shall pay four pigs like the one stolen. Of these, one will go to the chief, one to the police, and two to the owner of the stolen pig. If the man who steals have no pigs, then he must pay enough in money to buy the four. If another shall have assisted in stealing the pigs he too shall pay fourfold; and any who have eaten of the stolen pig shall each pay twofold. If they have neither pigs, goods, nor money they shall be put to work on the roads, burning lime, cutting firewood, or any other work that the owner of the stolen pig shall desire. Should a person steal a plough or an ox he will be fined $40, of which $30 shall go to the owner of the plough or ox, $5 to the chief, and $5 to the Judge. For stealing a horse he will pay $45, of which $35 shall go to the owner, $5 to the chief, and $5 to the Judge. If a sheep or goat, he shall pay $10, of which $5 shall go to the owner, $2J each to the chief and Judges. Spearing a Pig, &c. —lf this be done in the village he shall pay $10. If inland, on a plantation, he will not be judged, provided that he make known what he has done. If not made known he will be fined $10. If a horse be speared, or an ox, the same law shall apply ; but the fine in each case shall be $30. If a person is obstinate in running horses and cattle inland month after month, and he do so for three months, he will be fined $10. So also with pigs ; but the fine shall then be $5. Stealing Turkeys and Fowls. —For stealing a turkey he shall repay fourfold; and any one eating of the stolen turkey shall repay two turkeys for each of which he has partaken. So also for stealing fowls, ducks, and eggs. Stealing Food of all Kinds. —The following are the fines : Stealing bananas, kumaras, taro, or pine-apples, $4 ; and if two are engaged in stealing the pine-apples they shall pay $4 each. For stealing cocoanuts, sugar-cane, oranges, or coffee-plants, $4 each ; and the same for all other kinds of food. If a person going to his work eat any kind of growing fruit on his way he shall not be judged. In stealing Money, dc. —For every shilling stolen he shall repay $1, and so fourfold for any money stolen. If the thief have no money his property shall be sold to pay the fine. For stealing other articles than money he shall also return fourfold, two parts to go to the owner, one to the chief, and one to the police. VIII.— Beabing False Evidence. " Thou shalt not bear false witness," &c.—Ex. xx. 16. If any one sees a theft being committed he must give the alarm, so that the people may come and there may be proper and many witnesses. If you merely go to the policeman yourself it will be of no avail, and if one bear false witness against another he shall be fined $5, of which one and a half goes to the chief, two to the aggrieved person, and one and a half to the police. IX.—Unconfessed Chimes. If an offence be not proved the accused party will be released, but if at a future time it can be proved he will be judged, and the penalty will be $4 fine for the first inquiry and $4 for the second. X.—The Widow and the Fatherless. When the husband dies, if the widow be left with children they shall remain upon the land ; but if she do evil and be found guilty three times she shall be removed, because she has done evil
29
A.—3.
to her guardian the law. If she marries again she shall also leave the land. Her children will remain, and the-land be with them. If there be no children the brother of the dead husband will take the land. If no relation be alive the land will go back to the chief or the Mataiapo, and remain with him. [XI. —The Man who exalts himself above his Aeiki, his Mataiapo, Eangatiea, ob elder Beothee. When trouble arises between Arikis, Mataiapos, or Eangatiras, and one goes to another Ariki, Mataiapo, or Eangatira and takes the land with him, and does not leave it in the hands of the rightful lord, that is not right. For example :if one comes to Avarua from Arorangi and hands over the right to the land to any one at Avarua, that is wrong. The same with Ngatangiia, Never under any conditions is this right. Here is the penalty : His land shall be all taken from him ; not a piece shall be left. Only when he returns and repents his wrongdoing, and humbles himself therefor, will the land be given back to him. Should he not do this the land will not on any account be returned to him. XII. —Inciting to Mischief. When any one incites the Arikis, Mataiapos, or Eangatiras to do ill he shall be judged. His penalty shall be to build a stone fence or wall 10 fathoms long, to clear ground, or burn lime, Ac. XIII. —The Aeiki who distuebs the Peace, etc. When an Ariki quarrels with another, or a Mataiapo with a Mataiapo, or a Eangatira with a Eangatira, or one man with another man, the Ariki, Mataiapo, or Eangatira that is judged to be wrong shall be deprived of office, and the m»n so judged will be fined. Arikis, Mataiapos, Eangatiras, and other men will come all alike under this law. The fine imposed will be to build a stone wall, burn lime, &c, equivalent to f>loo in money. XIV. —About Wills. When a person is dying let him make his will openly, in presence of the Ariki, Judges, and many witnesses. Then there will be abundant evidence, and the will be right for the wife, for the children, the friend, or the relation, as the case may be. But if a man will a plantation to his friend, and his Ariki, or his Judge, or the authorities did not know of that will, it will be useless. This-is the law of wills, and it is for the Ariki, the Judge, and the authorities to watch over it. XV.—lmpoeted Liquoe. [Forbidding all importations, under fines to all concerned, and forfeiture of the liquor. Of the fines, one-third was to go to the Arikis, one-third to the police, and one-third to the informer. After a second offence the offender was to be deported. This law has long been obsolete, and become a dead-letter.] XVI. —Bush Beees (made from Oranges, Bananas, or Pine-apples). If any one drink bush beer the fine will be, for the maker $10, for the drinker $5. If drunk on the Sabbath the fine shall be $15. If a man be drunk and cause disturbance at any time the fine is $15. If he has no money let him pay in goods, and if he has nothing let him be put on the roads, or burn lime, &c. The meeting to drink bush beer is unlawful, and those who meet shall be punished as above. If the meeting be on the plantation of one of them the fine will be $6 each instead of $5. XVII.—Foe being Deunk. If a man drinks till he is drunk he will be fined $6, whatever kind of drink it may have been. If it be in the village, and he causes damage to a house, the fine will be $10. If two drunken men fight, $10 each. If no money, they must work on the roads, or burn lime, &c. XVIII. —Buying and Selling. If two men make a bargain, and one breaks it and returns the article bought, it shall be decided who is in the wrong, and the article disposed of accordingly. Concerning unsound articles, such as a shirt that is rotten, money that is bad, axes that are broken,;,&c, let them be all returned and proper things given instead. XIX. HOUSEBEEAKING. For breaking into a house and stealing the fine will be $15, and if the thief have no money, work on the roads, &c. XX.—The Fobeignee who deseets his Ship. He will be judged and fined $10, half to go to the Ariki, and half to the informer. If the vessel has left he will still be judged, and do w T ork ashore for one month. He who helps a foreigner to desert will also be fined $10. If he have no pig nor property of other kind with which to pay the fine he will be put on the road to make 40 fathoms long by 2 fathoms broad, and if not that, to cut firewood to the extent of two boat-loads. XXI. FOEEIGNEES RESIDING ASHOEE. When a foreigner desires to reside ashore he cannot buy land. It is for the man with whom he lives to feed him and get payment. Under no circumstance can land be sold to him. No captain is allowed to leave a sick man ashore secretly. Under no circumstances shall he be allowed to land men with infectious diseases, lest we all die. When the captain brings a sick
30
31
A.—3
man ashore, and the Ariki allows him to leave the man, he shall give to the person who is to feed his sick man $30. When a foreigner wishes to live ashore, and to get a piece of land to build a house on, it is not right that he should have it. Let him pay rent by the month for a house, and live in it. When the year is ended let him make a new agreement, and so on. Again, let no foreigner and Maori make a secret agreement. Let it be done before the Ariki and many people. Then if trouble comes there will be many witnesses, and we can know who is in the right. The man to whom the house belongs must not forget the owner of the land in which it is built. Again, when a boat comes to the shore people must not rush into the water and take hold of the foreigner and crowd him. When he is on shore that is the time to receive him as a friend. He who breaks this law will be fined $5. XXll.—Market-house. [This law is long obsolete in Earotonga, but a similar law is in force in some other of the islands.] (1.) When a captain comes ashore the authorities in charge of the Market-house are to inquire what produce he wishes to buy, and to make it known to the people. (2.) No one to interfere between the captain and the authorities of the Market-house, but all to be quiet, " so that it may be seen we are an orderly people." (3.) Chiefs are not to take the best pieces of cloth for their own use : " Let them have a share, and the people a share also." But if money only be paid by the captain it is right that it should goto the chief. (4.) No one is to stand up and call out that he has anything to sell. The person in charge of the market is the proper one to take all the things and deal with them. The authorities must be very vigilant to prevent the interference of one with another in the Market-house, and the police are to take into custody any who do not obey these authorities. XXlll.—Sabbath Observance. The expositon in this case is full and in detail, but the enactments are—(l) There shall be no trading on the Sabbath ; (2) all avoidable work prohibited ; (3) the sacredness of the day to be recognised and observed ; (4) no one to walk about from house to house while the people are in church, except to visit a sick friend, or to help to strengthen the house against a hurricane, or if a pig dies to get it in and cook it, or if a canoe is carried out to sea to recover it, or to cook food for those who come from sea or a journey, and to bring water if there is none in the house, &o. A policeman may also walk about, and if a vessel arrives on the Sabbath a boat may go off to see if they require food or drink, which may then be taken to them. Food for the family may be cooked in the morning, or at any time for a sick person. Medicine may be fetched, but if people travel needlessly from one place to another they will be fined $5. XXIV.—The Woman that does not cleave to her Husband and the Husband that DOES NOT CLEAVE TO HIS WIPE. Let these be fined $5 each if they quarrel and separate. If they have no money the husband is to burn lime, cut firewood, &c. The wife in that case is to make 5 fathoms of matting in length and 2in breadth. They must not be divorced when thus separating. XXV.—Tattooing, It is forbidden for men and women to tattoo each others names or marks upon themselves. The fine for this is $4. XXVI.—The Husband that buns away in a Ship. When five years absent his wife may be divorced and marry again. XXVll.—Wrongfully taking Food. When any feast, such as a marriage &c, is being held, and food and things are brought, the things must not be rushed. Sit quietly, and when you have received your share go in peace. If you have no share do not rush, but rise up and go away quietly. If you do otherwise the fine will be $5, or its equivalent in goods, labour, &c. XXVlll.—Cattle trespassing. If for only one night or for three nights do not mind. If more it is for the law to speak. The owner must pay four things for the damage : one of these must be a pig, and the other three, goods or trade. If the owner has not these he must replant the land injured by his animal. XXlX.—Children who leave their Home. When a father has lectured his child for this wrongdoing, and the child does not pay attention, let him be made to do 5 fathoms of stone wall a yard and a half broad. XXX.—Eebellious Children. Children who strike a father or mother will be made to do 10 fathoms of stone wall and be put for two months in the stocks. If they repent they may be released. XXXI.—The Man who neglects to plant Food. Let his name be published and his laziness be denounced by sound of drum. If at the end of the year his plantation is still neglected let him be made to do 10 fathoms of road.
A.—3
32
XXXII.—Lost Goods. If found by another than the owner the finder must make it known. If hidden his fine shall be $5. XXXIII.—Going about at Night. Only fishermen and people for a proper cause shall do this. Any one else doing so after 9 o'clock, let him do 5 fathoms of road 2 fathoms broad. [This and several similar laws have become obsolete at Rarotonga, but are enforced still at other of the islands.] XXXlV.—Against taking People away. No captains of vessels shall do this secretly. Let the agreement be made openly before the Ariki, and what is right will then be done and made known. No agreement shall be made in the house of a foreigner, but it shall be before the Ariki and the missionary. XXXV.—Unlawfully on Peemises. If adultery be committed in the house of the Ariki, of the missionary, or of any other person > the offender shall be judged guilty of house-breaking, and his fine $10. XXXVI. —Theowing Ballast into the Haeboue. "When vessels are here they must not do this. If they do the fine will be $10. XXXVII. —Strong Deink on Boaed op Vessels. [This law also has never been enforced, and is long obsolete. It provided that the Harbourmaster should seal up all liquor on board a vessel arriving in the harbour. On her departure he was again to visit her, and see that the seals or mark put on by him had not been disturbed. If they had been the captain was to be put in irons and fined $100.] XXXVIII.—Law op Debt. No debt is allowed between natives and foreigners. Do not get into debt, or the law will speak. Give and take. That is well. To the foreigner the law says, do not give credit to the natives. If you do the law will not help you. XXXlX.—Vessels coming to Rakotonga. When vessels lay off and on, if any one coining ashore from them does wrong he will be tried by the law. If she anchors within three miles, and the law is broken on board of her, the authorities on shore will take the matter up and the law will deal with it as if broken on shore. XL.—Buying oe Selling. No one shall bring coffee and copra to the market undried. They must be dry and sound. The native who breaks this law shall be put in irons. To the foreigner we say, do not bring rotten cloth, or money that is not of full value. If you do it will be for the law to speak. Bring only good things and good money, so that no wrong may be done. XLl.—Quarrelling and Drawing Blood. When one strikes another in a quarrel, or throws a stone or takes a knife or an axe, and blood is drawn by him, and the person injured does not die, he shall pay $10 for blood-spilling. XLll.—Foreign Labour. Neither foreigners nor natives are allowed to bring labourers from another land. Penalty, $20. XLlll.—Employing Labour Ashore. If a person goes to get labour he must first get the authorities to agree to it, and if they do not agree it must not be done. If he breaks this law his fine will be $50. XLIV.—The Road. All must work for one month in each year upon the roads. Those who fail will be fined $250. XLV. Resisting the police or any one in authority will be punished by a fine of $5. XL Vl.—Card-playing. Card-playing is not allowed in this land. Any who break this law shall be fined as follows: The owner of the cards $10, the players $5 each. These are our laws. Makea. Pα. Kaeika. Kainuku. TINOMANA. The Arikis of Rarotonga.
Additional Law. The following translation was published with the law, but neither the law nor the translation had signature or date. It is supposed to have been passed in 1888, and has always been a dead letter: —
A.-3
33
The Law concerning Intoxicating Liquor, Native and Foreign. Intoxicating liquor, whether made by natives or imported by whites, is not legalised on the Island of Earotonga. No, not in any way is intoxicating liquor agreed to. Take heed to this, all ye ■"■ who are so persistent in the use of this article prohibited by law. Intoxicating liquor manufactured on the island, and also all imported intoxicating liquor; strong drink, whether made by natives or imported by foreigners—there is no exception made, every kind of intoxicating liquor is totally prohibited. The law runs as follows :— Clause 1, the Fine.—lf a native or a foreigner violate the first clause of the law he will be liable to a fine of $100. Clause 2, the Fine.—lf a native or a foreigner violate the second clause of the law he will be liable to a fine of $50. Clause 3, the Fine.—lf a native or foreigner violate the third clause of the law he will be liable to a penalty of $15. Clause No. I.—Every native that manufactures intoxicating drink; every merchant that imports intoxicating drink, be he a native or a foreigner, be he a subject of this kingdom or of some other country —he who manufactures intoxicating drink from products of the land, aud he who imports intoxicating drink, violates the first clause of the law. Clause No. 2.—Every person resident on the island that trades in drink, be he a native or a foreigner, a subject of this kingdom or of some other country, violates the second clause of the law. Clause No. 3.—The purchaser of intoxicating drink, and every one that partakes of that drink in company with the purchaser, be he native or white man, also he who partakes of native-made drink, violates the third clause of the law.
APPENDIX C. Laws of Eabotonga passed since the Pbotectoeate. (In Earotongan, with Translations.) No. 1 (22nd November, 1890). Ko te ture i akatuia c te vi Ariki i teia ra nei Nov. 22nd, 1890, ki Avarua, Earotonga:— Ko te tangata oko Kava Papaa kite tangata maori ite enna nei, te Papaa c te Maori. Tera te utunga $150, moni anake. Ko tei oko ua c kai c rima dala, $5. Ko te kava enua nei koia te anani c te ara c te meika, ko te ture takere rai ia, te Pu Kava $15, te kai ua c rima dala, $5, c moni anake. Etc tuatua nei te vi Ariki, na Tepou c akatu i teia ture i te ra c rua ngauru ma a o November. Etc akataka nei matou c na Tepou c rave i te ture ki Avarua nei, c na Takao c rave i tei Arorangi, c na Maovete c rave i tei Takitumu. (Signed) Tepou, Pu ote uipaanga. [Akara No. 9, 24th December.] [Published 24th November, 1890.] This law has been passed by the Arikis and chiefs of Earotonga in Council on the 22nd November, and is in force from this day, the 24th November, 1890 : — "No person, be he native or foreigner, shall sell spirituous liquor to any native. Any person so doing from this day will be fined $150 cash. The native who buys such liquor will also be fined $5 cash. As to the making and drinking of orange and other beers of that kind, the old law is still in force. The Council has appointed the following to give effect to this law and to try all offenders: — " Tepou, for the District of Avarua. Takao, for the District of Arorangi. Maovete, for the District of Takitumu." [See No. 9, 24th December.]
No. 2 (22nd December, 1890). —E Akamoni i te au Tube. 1. Ka vai rai te au akono anga Ture mci ta teianei. 2. E ka vai rai nga akava nui me kore ta tetai taoonga na te Ariki i tei reira ngai c iki i te pau iaia. 3. Ka vai rai te au Ture mci ta teianei te tv, c tae rava atu kite tuatau c kimi ia'i tetai ture ou. 4. E akono te tangata i te tuatua tiki a te ture c pera katoa ratou i te tuatua akatakaia c te Ture. Ko te tangata akarongo kore i tei reira au mea ci tei akatupu ite pekapeka i roto ite are akavaanga Ka akavaia aia no te akavaavaa ite ture tera tana utunga 20 dala moni. Me kore te utunga c tutakinaia ka tukuia kite angaanga ta te akavanui c karanga c tau kite utunga i akautungaia. Fob upholding the Law. 1. All existing Courts of law shall remain in full force, and all Judges remain in office till removed by a vote of the General Council, approved by the Council of the Arikis. 2. All future Judges will be appointed by the ruling Ariki of the district in which the Judge's Court is to sit. 3. All existing laws shall continue in force till repealed. 4. The summonses and judgments of the Courts shall be obeyed by all persons. Any one disobeying them, or in any way obstructing the proceedings of a Court of law shall be adjudged guilty of contempt, and be liable to a fine not exceeding $20. If the fine be not paid forthwith, a proportionate amount of hard labour shall be substituted, at the discretion of the Judge of the Court concerned.
5—A. 8.
A.—3
34
No. 3 (22nd December, 1890). —Tβ ka Raveia i te Uipaanga a nga Ariki. 1. E akataka ite tuatau c uipa'i. I te ra 3 o Me c itera 3 o Novemba ite ora iva ite au mataiti ravarai c ka uipa i te aura i mvii i reira c kia oti rava te au tuatua anga. 2. Mci te niea c Sabati te ra 3 ka tuku to uipaanga kite ra a. 3. Ko te pepa c tiki iteauna te Pu uipaanga c tata —I nara. Ko te uipaanga ote marama ia me na te Kavana Beritairi ia c tiki. 4. Kare c angaanga c rave ia me kore c tokorai te aronga i uipa me tae kite toko rima ka uipa rai c kia akataka i tetai ture ka tata i nga ingoa ravarai o te aronga i akatika i tei reira ture. 5. Katau rai kia uipa i tetai Taime me inangaro te Pu o te uipaanga c me tika i nga ariki toko toru me kore ia i nga ariki tokorua. To REGULATE THE PROCEEDINGS OP THE GENERAL COUNCIL. 1. The General Council shall meet on the 3rd day of May and the 3rd day of November in each year, at 9 a.m., and shall adjourn from day to day to the same hour, unless otherwise ordered, until the business is ended. 2. If either of the above days fall on a Sunday, the day following shall be substituted. 3. The.Council to be convened on the 3rd May next shall meet at such place as the British Eesident may appoint, and he shall summon it accordingly. i. No business shall be done unless five members be present, and the names of those present whenever a law is passed shall be duly recorded. 5. A special session may at any time be convened by the President of the Council on written directions to that effect being given to him by the ruling Arikis, or any two thereof. No. 4 (22nd December, 1890). —Te ka Akonoia i te Akatupu anga Ture. 1. Ko te au ture ravarai i akatupuia c teia uipaanga nei kua riro mai ci Ture inou. Kia akakite ia kite ngai Atea me kore ia na te uipaanga c akakite i te ra c tupu ci. 2. Teia te tv o te akakiteanga ture ka topiria kite au ngai c tau kia akaraia c te tangata katoatoa. Kia rua topirianga ite oire okotai ena te Ariki c akakite ite ngai c tau. When Laws are to take Effect. 1. All laws hereafter made shall take effect from the publication of the same, unless a date shall have been specially named in the law itself. 2. Publication shall be made by affixing not less than two copies in convenient public places, to be notified as adopted for that purpose by the ruling Ariki of each district.
No. 5 (22nd December, 1890).—E Tube no te au Utunga. 1. Ka tutaki te au utunga ravarai c moni anake me kore c moni angaanga. Fines. 1. All fines shall be paid in cash, or substituted labour equivalent thereto, and any law providing for payment in goods or in any other way than by cash or labour is hereby repealed.
No. 6 (22nd December, 1890). —E Telo no te Puakaaoa. 1. Ka tukuia te telo ki runga i te puakaaoa. 2. Pera te maata o te telo c $1 i te mataiti. Dog-tax. All dogs are hereby taxed f 1 each per year.
No. 7 (22nd December, 1890). —E Ture c Tiaki i te au Manu ou ka Apaiia mai kite enua nei kia Kobe c taia. 1. Na te Pu uipaanga c akakite i te tuatau i inangaro ia c ia c mea manu ou auraka c akapekapeka c auraka c akakino. 2. Ko te tangata kare i akono i te reira tuatua a te Pα uipaanga ka Akautungaia aia c $20. Imported Birds' Pbotection. 1. The President of the Council may proclaim any imported birds as protected under this law. No one shall then disturb or do them any injury. 2. Any one doing so shall be liable to a fine not exceeding $20.
No. 8 (22nd December, 1890). —Te Utunga Maata i Oroia ki nga Ariki. 1. Tei nga ariki kia uipa ratou i te tuku i tetai Ora no te aronga i akautunga maataia teia ratou i te Akaiti i te utunga c teia ratou te Akakore takiri. Power of Pardon. 1. The Council of the Arikis may remit or reduce any penalty imposed by a Court of law, oi may pardon any offender under sentence of such Court of law.
No. 9 (24th December, 1890).—E Tube no te Kava. 1. Ka akatakaia tetai tangata c te uipaanga a nga ariki ma te au, c nana c akono i te kava, mci te mea c, c kore tei reira tangata i tetai tuatau, na te au ma nga ariki c iki i tetai. 2. Na te tangata akatakaia c akono i te kava i teia enua ma te Pa enua katoa lici i tamaruia c tc au Beritani koia oki te kava i vai i te enua uei c te ka taoi inai a muri atu,
35
A.—3
3. Ka akatakaia fcetai are ki avatiu me kore ia ki Avarua ci vairauga no te kava. 4. Na te tangata akatakaia c tuku atu i te kava kite tangata na roto i te ravenga i akakiteia i roto i teia ture. 5. Ka akakite to an Pα kava i ta ratou kava c ka tuku katoa kite rima o te tangata akatakaia taua kava c nana c tiaki. I roto i eia nga ra nei c rave ci c tae kite ra 10 January. 6. Me kore c maata ana te kava o te Pu kava c kua inangaro aia i te tapu ci kai nana uaorai teitetangata akatakaia te akatika atu. Me maata te kava ito rima otePu ka kave rai ki roto ite are i akatakaia ci reira vai ci. 7. Me pou i te ai, o me kore ia, me keia ia me kore ia, me kino, te kava i roto i te are i akatakaia kare na te tangata akatakaia fcei reira, ka riro nana c tutaki na te Pu kava i te reira. 8. Tera te taime tau no te tiki kava—Monide, Tude, Wenide, Taride, Fraide. Mci te ora 10 c tae ua atu kite ara 3, ito aiai. Ite Satade mci te ora 10 c tae ua atu kite ora 12 ite awatea. 9. Me kore c Pepa akatika kare c kava c okonaia me c Pepa ka akaoki te pepa kite tangata akatakaia c nana c vaio ite vairanga meitaki. Me inangaro tetai tangata Maori kite kava ka na mua i te tiki i tetai pepa akatika kite Ariki nui c kakave aia i te reira pepa kite tangata akatakaia. Ka acre ua te papaa kite tangata akatakaia. 10. Me rnanako te tangata akatakaia c mea tau kore te kava i tetai tangata nana rai c tapu ka kore te reira tangata inangaro pepa akatika i raukaiitana pepa. 11. Tera mai te tutaki i te Pepa akatika : — Spirits (kava ririnui) ... ... ... ... $l'so ite galoni Wine ... ... ... ... ... o'3o Beer ... ... ... ... ... 0-15 Kua aite te galoni kite ono moina mamaata c kite tai ngauru ma rua meariki. 12. Me oko poiri ua tetai tangata i c reira nga mea spirits, wine, beer, i te enua nei tera tana utunga $150. 13. Ko tei kona i te reira nga mea tera tana utunga $5. 14. Ko te moni i rauka na roto i te utunga ka akaputuputu ia c na te au c akataki o na nga Ariki ko te ka rave ia i tei reira moni. 15. Ko ratou i akava ia i raro ake i teia ture nei ka tataia i to ratou au ingoa c te akavanui c ka kaveia kite Kavana Nu Zelani kia kite. 16. Ko te tangata maro ite akakona kava ka rauka ite akakore i tana kava. Teia te ravenga na tetai ona Taeake, me kore ia na tetai akava me kore ia na te tangata akatakaia c tiki i tetai pepa kite akavanui c kia rauka ka Patiti ite reira pepa kite ngai i akataka ia etc Ture. Ko te tuatua a taua pepa auraka takiri c oko c auraka c oatu ua i te manga spirits, wine, beer, ki tei reira tangata me akono kore tetai i te reira tuatua ko te utunga akavaavaa ture tana. 17. Me kite te akava c c kava tetai ite enua nei. Kare ena te ture nei i akataka ite tae anga mai ka akakite kite tangata akatakaia c nana c karanga c kimi i te are i vai ci me koreia te ngai, cmc kitea, tera te utunga no te tangata nona taua kava $150. Na te tangata nona te are me kore ia te ngai i te akataka te mea i tae ci taua apinga ki roto i tona are me kore are ki tona ngai. 18. Ko te au ture ravarai no te reira au tv kava papaa ka akakoreia kia tae kite ra 10 January, 1891. Ko te ture no te kava enua mci anani te tv te vai raia. 19. Ka tupu teia ture nei i te ra 10 January, 1891. . Liquob Law. 1. A Licensing Officer shall be appointed by the Council, and in case of vacancy when the Council is not in session a temporary appointment shall be made by the Arikis The Licensing Officer can only be removed from ofiice by a vote of the General Council, approved by the Council of the Arikis. 2. The duty of the Licensing Officer shall be to take charge of all intoxicating liquors within the protectorate on the coming into operation of this law, and of any intoxicating liquors that may hereafter be imported. 3. The Licensing Officer shall provide a suitable store and office at Avatiu or Avarua for the storage of intoxicating liquor in his charge. i. The Licensing Officer shall issue such liquor only in accordance with the provisions of this law. 5. All owners of liquor will, on or before the 10th January, 1891, make a return to the Licensing Officer of the quantities in their possession, and he will thereupon take charge thereof. 6. Where the said liquors are held in reasonable quantities at the houses of the owners for their own use, the Licensing Officer will at his discretion allow them to remain there. In all other cases he will require that they be placed in the bond or store appointed for the purpose. 7. The Licensing Officer will keep the said liquors carefully in store at the risk of the owners thereof. 8. The said owners shall have access to the store to inspect their property on any week-day between the hours of 10 and 3, Saturdays excepted, when the hours shall be from 10 till 12. 9. No intoxicating liquor shall hereafter be sold and delivered by any one except to persons to whom a permit to purchase or receive the same shall have been granted by the Licensing Officer; and the Licensing Officer, on delivery of any liquor so authorised, shall retain the permit and file it as a record. In the case of natives, the permit shall only be issued on the written authority of the ruling Ariki of the district; but the foreigner shall go only to the Licensing Officer. 10. If the Licensing Officer should have reason to believe that permits are being improperly obtained to defeat the purposes of this law, he may decline to issue the same till satisfied to the contrary.
A.—3
36
11. On all intoxicating liquors within the protectorate, whether for the owner's use or for sale, the following charges shall be made by the Believing Officer on the permit being is.sued by him : — Spirits of all kinds ... ... ... ... $1-50 per gallon. Wines ... ... ... ... ... 0-30 Beer ... ... ... ... ... 0-15 „ Six reputed quart bottles, and twelve reputed pint bottles, shall be reckoned as one gallon. 12. Any person infringing any of the provisions of this law shall be liable to a fine not exceeding $ 150. 13. Any person found guilty of drunkenness shall be liable to a fine not exceeding $5. 14. All fines or fees levied under this law shall be public revenue, and held at the disposal of the General Council, subject to approval by the Council of the Arikis. 15. A return of all cases adjudicated upon under this law before the British Resident shall have formally entered upon his duties in Earotonga shall be compiled monthly and sent by the Judge for the information of His Excellency the Governor of New Zealand. 16. The friends of any person habitually getting drunk, or to whom intoxicating liquor is known to be injurious, or, failing such friends, the Licensing Officer or a policeman, may apply to the Court of the district for an order prohibiting the sale or gift of liquor to such person. Such order, if granted, shall be forthwith published, and any person disobeying it shall be punished as provided for those guilty of contempt of Court. 17. The Licensing Officer may, on information duly received, enter upon any premises and take possession of any intoxicating liquor thereon which he has reason to believe is in possession contrary to the provisions of this law. He shall then prosecute the person in whose possession it has been found, and upon such person shall rest the onus of proving that he is in lawful possession of the same. 18. All laws at present relating to the sale of or dealing with imported liquors are hereby repealed, so far as such sale or dealing is concerned, on the coming into operation of this law. Those relating to orange-beer or other fermented liquors illegally manufactured within the protectorate will continue in full force and effect. 19. This law will come into operation on the 10th January, 1891.
No. 10 (24th December, 1890).—E Tueb no te Pai Maki. 1. Ka na mua to te Pailoti boti i te acre kite au pai ravarai tei tae mai kite enua nei. 2. Ka akakite te Bangatira pai i te tuatua mou tikai kite Pailoti me c maki c me kore c maki i runga i tei reira Pai. 3. Mci te mea c maki auraka te Pailoti c kake i tei reira pai c na te rangatira pai c uti i te reva rengarenga ci kite c c pai makitena c auraka tetai tangata i te reira pai c kake mai ki uta. 4. Ko te akono kore i teia ture nei tera te utunga c $500 —moni tikai. QUAKANTINE. 1. The pilot-boat shall be the first to put any person on board a ship arriving from other ports than those within the Cook Group. 2. The captain or officer in charge will inform the boarding officer whether he has sickness on board. 3. If there be sickness he will hoist a yellow flag, and hold no communication with the shore till duly authorised. 4. The fine will be a sum not exceeding $500 for a breach of this law.
No. 11 (24th December, 1890). —E Tube no te Akaoro Viviki. 1. Ko te tangata akaoro viviki i tana oroenua me kore ia i tona pereoo i runga i te au mataara ravarai c pini uake, ia Earotonga kia kitea. Ka akautungaia, Tera tana utunga c $10. Fueious Biding- ob Dbiving. Any one driving or riding furiously on the public highway will be liable to a fine not exceeding $10.
APPENDIX D. Minutes of Council held at Ngatangiia on Monday, 22nd Decembeb, 1890. The Council met at the residence of Pa, Ariki of Takitumu, at 10 a.m. Present: Makea, ruling Ariki of Avarua ; Tinomana, Arorangi; Pa, Takitumu ; Karika, Ariki; Kainuku, Ariki; Tepou, Judge of Avarua; Takao, Judge of Arorangi; Maovete, Judge of Ngatangiia. Prayers by Bey. J. Hutchin. At the request of the Council, the Eev. J. Chalmers acted as interpreter. The Council was informed that Mr. J. M. Gelling had been chosen as the representative of the foreign residents for the ensuing year. Mr. Gelling was invited to take his seat, and did so accordingly. The Council was also informed that Ngamaru, Ariki of Atiu, Mauke, and Mitiaro, was willing to become a member of the Council as a representative of his islands. The Council resolved that Ngamaru should be welcomed as a member; and directed that he should be informed accordingly. The Council then proceeded to elect a President.
37
A.—3
Pa stated that, as the meeting was held at her village, she had, by native custom, the right to name a President for the occasion, and named Maovete, who was accepted by the Council accordingly. Baiki was named as clerk. It was then proposed and carried, after discussion : " That the following shall be the arrangement for legislation after the present session : There shall be one General Council and a separate Council of Arikis. The General Council shall consist of the following members : One to be appointed by each of the ruling Arikis of Barotonga ; the chief Judges of the three districts of Barotonga ; one to be elected by the Mataiapos of each of the districts of Avarua, Arorangi, and Ngatangiia, respectively; one to be named by the foreign residents—in all ten members. The Judges to sit while holding office ; the remainder for one year. That all laws passed by the General Council shall be submitted to the Arikis, who shall sit in Council to consider the same, together w T ith the British resident for the time being. No laws shall be valid till the approval of the Arikis' Council has been formally given. That the agent of the London Missionary Society in Earotonga shall be a member of the Council of Arikis, entitled to speak, but not to vote." It was further resolved that the first meeting of the General Council shall be convened for the 3rd of May next, and that the British Eesident be requested to do so, at such hour and place as lie may deem most suitable. The following laws were then duly debated and passed : No. 2 (No. 1 having been the temporary liquor law passed on the 22nd November, 1890) making provision for upholding the law. No. 3. To regulate the meetings of the Council. No. 4. When laws are to take effect, and how to be promulgated. No 5. Respecting fines. No. 6. Dog-tax. No. 7. Protection of imported birds. No. 8. Power of pardon. A law to regulate the sale of intoxicating liquors was then proposed and keenly debated. The question was finally put, " Shall a Bill be passed for total prohibition or for the control and restriction of the sale, as proposed in the Bill now before the Council, and prohibition be only resorted to if that Bill fails." There voted for control and restriction in preference to prohibition : Makea, Tinomana, Pa, Karika, Kainuku, Tepou, Maovete, Takao. Mr. Gelling, the only remaining member, asked that the "noes" should not be taken till he had an opportunity of consulting the foreign residents. If, as had been asserted, a majority of them were in favour of total prohibition he should vote for it. If not, it would be better to have such a Bill as that now before the Council. The adjournment being agreed to, the Council adjourned until Wednesday, the 24th instant, to meet at 10 a.m., at Makea's residence, Avarua. Wednesday, 24th December, 1890. The Council resumed at Makea's at 10 a.m. Present: Makea, Tinomana, Pa, Karika, Kainuku, Tepou, Takao, and Maovete. Ngamaru was introduced, and took his seat as Ariki of Atiu, Mauke, and Mitiaro. Prayers by Eev. J. Chalmers. Moved by Mr. Gelling, "That Mr. Eawlings be appointed interpreter for the Council." (Negatived.) Moved by Ngamaru, " That the Rev. J. Chalmers be asked to interpret again to-day." (Carried unanimously.) Besolved, That the sittings of the Council be open to the public, unless otherwise ordered. Mr. Gelling stated that he had taken the opinion of his constituents, the foreign residents, and found a great majority were against prohibition. In fact, only two were in its favour. No. 9. The liquor law, after several amendments, was then finally passed. No. 10. Quarantine law 7 , passed. No. 11. Prohibiting furious riding or driving in the public roads, passed. Tinomana wished to have the law as to Sabbath observance made clear, and enforced. At present some obeyedandothers did not, especially strangers coming by steamer, who travelled about when they landed, without regard to the law. After some discussion the matter dropped. Mr. Gelling wished also to introduce a Cattle Trespass Bill, but the Council decided not to consider any other measures at the present session. Proposed by Mr. Gelling: " That Mr. Joseph Henry Garner be appointed Licensing Officer under the liquor law; to receive remuneration at the the rate of $25 per month from the fees collected by him. Any surplus to be held as public revenue." This closed the business, and the Council adjourned.
APPENDIX E. Return of Convictions at the Judge's Court at Avarua from the 28th November to the 26th December, 1890. November 28.—Keia pipi (stealing turkeys), four natives, each fined $10 —$40: c kai ua aia (partaking only of the same), one native, $5. December 5. —Akaturi (adultery or fornication), one native, $14; one native, $4: pei tangata (assault), one native, $5 ; tutungi mata kite ai (setting the grass on fire), one native, December 12.—Akaturi, two natives, each $8; kai kava (drunkenness), one foreign resident, $5 ; akavaavaa ite tuatua akakite a te Ture (contempt of Court's orders), four natives, each $I—s4. Total fines, $105. Tepou. [Note —The names of persons fined are given in detail in the original return.]
A.—3.
APPENDIX F. List of Vessels arrived and departed in 1889 and 1890. Arrivals (1889).
Exports.
E. EXHAM, Barotonga, 25th December, 1890. Acting-Consul.
38
British. Am lerican. French. fative. Description of Ship. ; No. Tonnage. No. Total Tonnage. Tonnage. No. Tonnage. No. Tonnage. Steamship Sailing-vessel Man-of-war ..I 24 .. i 21 7,828 1,892 12 1,130 10,850 | 12 471 3 240 7 401 7,828 3,004 1,130 I I 40 471 3 240 401 11,962 Dep< arturcs (188 (9). Steamship Sailing-vessel Man-of-war 22 20 1 7,580 1,810 1,130 13 511 .. I 3 | 3 240 240 *7 365 7,580 2,926 1,130 43 10,520 13 511 'I 365 11,636 Steamship Sailing-vessel 32 20 10,524 1,727 12,251 A; •ivals (1890] 12 736 4 J 171 8 157 10,524 2,791 52 12 736 171 3 157 13,315 Departures (1890). Iteamship i ailing-vessel 30 10,266 | .. .. | .. 21 1,899 12 775 4 I 51 12,165 12 775 4 I I in 171 '&■ 191 10,266 3,036 191 13,302
1.889. 1890. Description of Produce. Quantity, Value. Description of Produce. Quantity. Value. Cotton, 314 bales Coffee Copra Limejuice Oranges Pearl-shell Arrowroot Pineapples Maize Whale-oil Fungus Cotton-seed Cocoanuts 120,810 lb. 279,730 lb. 489,021 lb. 12,265 gal. 10,058 eases 73,788 lb. 14 tons 6,543 44,883 lb. 320 gal. 683 lb. 30 tons 20,400 $24,162-00 44,756-80 10,902-97 2,027-70 10,05800 9,223-50 1,40000 261-72 449-00 160-00 34-00 30000 240-00 Cotton, 365 bales Cotton in seed Coffee Copra Limejuice Oranges Pearl-shell Pineapples Maize.. Whale-oil Fungus Cotton-seed Cocoanuts 146,380 lb. 54,560 lb. 138,934 lb. 1,038,547 lb. 40,944 gal. 28,000 cases 7,000 lb. 5,000 lb. 8,000 lb. 250 gal. 4,200 lb. 25 tons 11,900 $29,276-00 2,728-00 22,229-44 23,34803 7,366-32 15,00000 . 937-00 200-00 80-00 125-00 21000 250 00 119-00 $103,975-69 $101,868-79 £20,795 2 9 £20,373 15 2 iMPi lETS. reneral merchandise .. lash (Chilian coin) $132,293 20,049 General merchandise.. j Cash (Chilian coin) I' ____ .. $140,001 10,842 $150,843 £30,168 12 0 $152,342 £30,468 8 0
39
A.—3
APPENDIX G. Deed conveying Land for Residency to Hee Majesty the Queen. Te kobebomotu i rave ia i Rarotonga i te ra rua ngaurvi ma itu, o te lnarama o Decemaba i te mataiti okotai tausani c varu anere c iva ngauru. Kia kitea ravarai: Ko au ko Makea Takau, Ariki i Barotonga, no toku aroa c toku tangi kia Vitoria te Ariki o Beritani ma Irelandi ma te Empress o Inidia, te tuku atu nei an i tetai manga enua i Ngatipa inei tei tataia i raro ake ki taua Ariki vaine ma tona uanga i tera uki, i tera uki c tuatau ua atu, ci ngai akatuanga are, me kare ia, ko te au niea i tau ua nana, no to tangata tei ka noo i te enua nei ci tiaki no te au Beritani. Me inangaro i te akataka i tetai koreromotu tikai kua tika ia iaku. Tera mai te au kotinga ote reira manga enua. I te pae tokerau, ko te Arametua ite acre na te north-east and south-west kua varitata kite 253 links; no te south-west ko tinga te acre ra 45 degari east of south, 213 links ; i reira te acre ra 18 degari east of south, 415 links; i reira te acre ra 54 degari east of south, 800 links; i reira te aera ra 28 degari east of north, 250 links; i reira te aera ra 12 degari west of north, 83 links; i reira te aera ra 44 degari west of north c tae kite 1,250 links, te ngai i akarukeia, kua tai vaitata kite a eka c rua roda, mci te tv o te i tataia i raro. Witness my hand and seal at Avarua, Rarotonga, this 27th day of December, 1890. Makea Aeiki. Witness—John Joseph Knight Hutchin, L.M.S. Frederick J. Moss (New Zealand). I hereby certify that this document was this day signed in my presence, and that a copy is in this office. ■ R. Exham, Rarotonga, 27th December, 1890. Acting-Consul.
[Tbanslation.] This deed, made at Rarotonga the 27th day of December, 1890, witnesseth : That I, Makea Takau, Ariki of Rarotonga, in consideration of my love and affection for Her Majesty Victoria, Queen of Great Britain and Ireland, and Empress of India, &c, do hereby convey to Her Majesty, her heirs and successors, for the purposes of a British Residency, or such other purposes as Her Majesty may see fit, that portion of land at Ngatipa, in the district of Avarua, in the Island of Rarotonga, hereinafter described, and do undertake to make any further legal conveyance if such should be found necessary. Bounded by compass bearings as follows : To the north by a line fronting the Arametua Road, and running from north-east to south-west, 253 links (more or less); thence from the south-west end by a line 45 degrees east of south for 213 links ; thence by a line 18 degrees east of south, 415 links; thence by a line 54 degrees east of south for 800 links; thence by a line 28 degrees east of north for 250 links; thence by a line 12 degrees west of north for 83 links; thence by a line 44 degrees west of north running 1,250 links to the point of departure, containing, in all, 4 acres 2 roods (more or less), as per plan hereon. [Approximate Cost of Paper.— Preparation, nil; printing (1,325 copies) £29105.]
By Authority : Geobge Didsbuby, Government Printer, Wellington.—lB9l.
Permanent link to this item
https://paperspast.natlib.govt.nz/parliamentary/AJHR1891-II.2.1.2.3
Bibliographic details
FEDERATION AND ANNEXATION: PACIFIC ISLANDS. (APPOINTMENT OF A RESIDENT AT RAROTONGA, COOK GROUP.), Appendix to the Journals of the House of Representatives, 1891 Session II, A-03
Word Count
38,095FEDERATION AND ANNEXATION: PACIFIC ISLANDS. (APPOINTMENT OF A RESIDENT AT RAROTONGA, COOK GROUP.) Appendix to the Journals of the House of Representatives, 1891 Session II, A-03
Using This Item
No known copyright (New Zealand)
To the best of the National Library of New Zealand’s knowledge, under New Zealand law, there is no copyright in this item in New Zealand.
You can copy this item, share it, and post it on a blog or website. It can be modified, remixed and built upon. It can be used commercially. If reproducing this item, it is helpful to include the source.
For further information please refer to the Copyright guide.