E—No. 2

LAND QUESTION FROM 1839 TO 1859.

and Waitera country ; and these beautiful districts, excelling in soil, climate, abundance of wood and water, level country, and the best flax (tihore), were temporarily depopulated. But although they were thus almost without inhabitants at the time of the Company's supposed purchase of the whole country near Taranaki and the Waitera, they were neither wholly deserted nor permanently abandoned, as the presence of a small remnant of the Ngatiawa tribe at Ngamotu proves. These districts were not occupied or settled in any wav by the Waikato, who merely overran them, and then immediately retired to their own country, without cultivating the soil or constructing dwellings. Nevertheless, as the Waikato claimed to be tho conquerors of the Waitera and Taranaki country, and were not only nearer at hand, but much more formidable than the dispersed Ngatiawa, it was thought advisable to make a considerable payment to tho principal chief of that powerful tribe, in consideration of his claim on behalf of the Waikato generally. At the time of the desolating invasion abovo mentioned, by far the greater number of the Ngatiawa, with their principal men, weie absent on a hostile excursion in the south. Those who suffered by death or captivity were an inferior minority. Early in 1842 the influence of Christian teaching induced the Waikato to release their so-called slaves from captivity, and allow fliem to return to their own land. Some availed themselves of this freedom ; others stayed among the Waikato, by their own choice. Those who returned to the land of their fathers found that some of it was occupied by strangers, who said they had bought it, and that it was no longer the laud of the Maori. Parts of this land so claimed were all, or the greater portion of, the only places on which these returned Ngatiawa could locate themselves, without intrusion, on ground claimed by others, and they disputed the right of the stranger by various annoying methods short of actual hostility ; they cut down his trees ; they refused to let him extend his cultivation ; they stopped up his roads, and threatened him with personal violence. Altercations of course ensued ; disputes increased, and became more 6erious as more Natives returned, not only from Waikato, but from the southern region, which they found less inviting than the land of their birth. At last the Company's claim to any land at Taranaki became matter of question, if not denial ; and in June 1844, Mr. Commissioner Spain undertook a formal investigation of the subject at New Plymouth. Mr. Spain's opinion was against the claim of the Ngatiawa. He considered that their country had been conquered by the Waikato, to whom adequate payment had been made, and that the right to 6e!l lay in them and the few persons in actual possession at the time of purchase. He considered that those who had been taken prisoners and carried into captivity had forfeited all right and title to their land; and that the other Ngatiawa had parted with their claim by having abandoned or lost their country. (See Mr. Ckrke's note enclosed.) The purchase made by the New Zealand Company was deemed valid, and no further payment to any natives was thought necessary. These opinions Mr. Commissioner Spain made known to the assembled natives as his award, stating, however, that it must be ratified by the Governor to make it final. The disappointment and anger of the Natives were so plainly shown, that considerable alarm prevailed throughout the settlement ; and after Mr. Spain's departure, which took place in a few days, an express was sent off to the Governor, at Auckland, asking for military assistance in the most pressing terms, as the only security for life itself. The Governor immediately despatched a confidential person with special instructions overland to Taranaki, and himself embarked on board Her Majesty's ship "Hazard," and hastened thither. The Bishop also repaired to the scene of difficulty with the utmost celerity, travelling from Auckland by Kawdiia to Taranaki in eight days ; while Mr. Whitely, the Weslevan missionary at Kawhia (sixteen years resident in that part of the country), preceded them. Mr. Spain's award was made known in the middle of June, and on 3rd of August a large meeting of English and Natives were assembled at New Plymouth to hear the final decision. The Governor informed the assembly that he did not take the same view of the question as Mr. Commissioner Spain, and that he should not confirm the award of that gentleman, however carefully and conscientiously it had been weighed and delivered. On points of law, especially the law of New Zealand, considered with reference to national Jaws in general, authorities might differ without prejudice to the opinion of either, but it was for him, the Governor, to decide. He would immediately cause further investigation to be made, as to the various claimants to particular portions of land. He would then endeavour to make special arrangements with those claimants, and be would allow, in all their integrity, the claims of those of the Ngatiawa tribe who were not parties to the sale in 1840. As time would be required for these additional inquiries, he would now return to Auckland and the Bay of Islands, where his presence was imperatively wanted, and would again visit Taranaki in about two months, to endeavour to adjust this land question satisfactorily. Meanwhile he recommended and urged upon all parties the exercise of forbearance and conciliatory conduct (in which the Governor's advice was effectively supported by the Bishop, as well as by Mr. Whitely), assuring them all that the British Government would never countenance injustice or misconduct in any place or in any person. With the proceedings at this meeting all parties appeared to be satisfied; and the minds of the Natives were disabused of the impression that they might be dispossessed of their own lands. They readily promised to wait quietly till the Governor's return, their Protector, Mr. McLean, having been instructed how to proceed. The Governor, with the Bishop, embarked on board the " Hazard" on tha sth of August, and sailed for Auckland. On the Bth of November the Governor again landsd at New Plymouth, frem Her Majesty's ship " Hazard."

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