BEFORE THE WAIKATO COMMITTEE.

P-No. 3

519. This opinion you adhere to, even on the supposition that the friendly natives had been made to understand that a suspension was only temporary, and with the object of quieting men's minds?—l am not aware of course what measures were adopted; but I think the fact of removing the magistrate, and suspending his operations, gave advantages to the King party which they did not fail to employ. 520. Then your opinion is that, even if it were found necessary to remove Mr, Fenton, some one else ought to have been appointed at once to carry on the institutions he had attempted?—My own opinion is that his successors should have been appointed before he left the district, and no interval allowed; for this reason, that, the door being once opened, the other party would take advantage of it to shame the young men out of the position they had assumed. I might state that in the interval between the Mr. Fenton's removal and any other appointment, the King party passed a resolution that they would not admit any European magistrate to officiate in any part of their territory. 521. Mr. Fox.] Do you consider that, instead of removing Mr. Fenton, he might have been made available for carrying out his own plans under instructions?—l never heard any complaints of Mr. Fenton's proceedings myself, or objections made by the Natives to him. 522. It has been stated by yourself, among others, alluding to the difficulty attending Mr. Fenton's proceedings, that the opposition was between the older and younger Chiefs; but is there not an antagonism between the Upper and Lower Waikato?—l am not aware there was such antagonism. I remember, however, in Mr. Fenton's journal a note that he had taken proceedings in the Uoper Waikato, and he there says that the district was too large, and he should endeavour to get a second magistrate appointed; I don't think, therefore, the difficulty was an antagonism between the Upper and Lower Waikato. 523. If it has been stated that, in consequence of his great age and infirmities, Potatau had lost his influence over his people, would you concur in that? —Certainly not. 524. Mr. Forsaith.] Would you state as nearly as you can the date at which it became apparent that parties at Waikato became divided into the King party and Queen party ?—I have a general impression to this effect, that that distinction of parties was brought out during Mr, Fenton's residence among them. 525. Did it exist before Mr. Fenton's appointment?—l have no knowledge of the subject. 526. You observe in Mr. Fenton's Report his plan as to sowing abandoned cultivations with grass seed: do you approve of that suggestion?—l very much approve of it. 527. Are you personally acquainted with Native customs?—l have a general knowledge of them, without pretending to be very profoundly skilled in them. 528. Have you ever heard of a Chief possessing an admitted control generally of the lands of a tribe, ever interfering with an individual proprietor as to the crop he should grow upon his owe piece?—l never heard of such a thing.

Mev. 1. Buddie. 9 Oct. 1860.

Wednesday, the 10th Day <w October, 1860. PRESENT :—■ Mr. Heale, Mr. Fox, Mr. Williamson, Mr. King, Mr. Domett, Mr. Dillon Bell, Mr, Sewell in the Chair. Mr. C. 0. Davis called in and further examined :— ™ 529. Chairman.] You handed in a copy of a memorandum submitted by you to the Government in 1857. There is a minute upon it to the effect that it was returned to you by the Native Minister; do you recollect when that paper was written ?—About February, 1857; it was handed in about the same time ; I cannot be positive about dates. 530. Was the original handed back to you? —Yes; it was at my own request returned to me. 531. Why did you request it to be returned ?—Because I had not kept a copy. 532. Do you know if Government kept a copy ?—I am not aware ; I think not. 533. Do your answers relate to all the memoranda put in by you ?—I have no record of dates ; the memoranda were all handed in about the same time. 534. You have read Mr. Fenton's Report; would you be good enough to favor the Committee with your views upon it? — I have no settled views upon the subject. 535. You have no observations you wish to make upon it? —I have not. 536. You promised to let us have copies of some documents referred to in your evidence ; can you furnish the same ?—Here are the newspapers I promised, viz., 3 Nos. of " Te Whetu o te Tau" and 2 Nos. of " Te Waka o te Iwi." 537. Are these the only numbers of those publications issued? —Yes. 538. Were there not some letters also to be produced? —The Committee will recollect that I made no promise on this subject, but said I would take the matter into consideration. I should prefer having the letters read and returned to me ; I would rather have them read now than leave them with the Committee ; I also think that, as Mr. Buddies pamphlet has been produced, I should be at liberty to hand in a pamphlet supposed to have been published by me in 1854.

C. O. Davis, Ssq. 10 Oct. 1860,

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