E—No. 1

SCHEDULE.

I.—DESPATCH FEOM MR. C. FORTESCUE TO GOVERNOR GORE BROWNE, C.B.: Conveying approval of the Governor's proceedings, and requiring information as to the right of Chiefs to forbid sales of Land ... ... ... 4

II.—DESPATCH FROM GOVERNOR GORE BROWNE, C.B., TO HIS GRACE THE DUKE OF NEWCASTLE. Analysis. Introduction ... ... ... ... ... ... 5 Subjects examined : I. The Native Tenure ... ... ... ... ... 5 II. The Ngatiawa Title at Taranaki ... ... ... ... 8 HI. Status of the Chiefs ... ... ... ... ... 8 IV. Acts and Decisions of former Governors of New Zealand ... ... 10 i. Proceedings of Governor Hobson in 1841-2 ... ... ... 10 ii. Award of Commissioner Spain in 1844 ... ... ... 12 iii. Proceedings of Governor FitzRoy in 1844-5 ... ... ... 12 iv. Proceedings of Governor Sir George Grey in 1847-8 ... ... 13 v. Ngatiawa Migration in 1848 ... ... ... ... 14 vi. Further Events from 1848 to 1859 ... ... ... ... 15 V. Proceedings of Governor Gore Browne in the Waitara Purchase ... ... 16 VI. Misrepresentations of those proceedings ... ... ... ... 18 Relations between Wiremu Kingi's Insurrection and the Native King Movement and Land League ... ... ... ... ... 22 Conclusions on the present aspect of the subject. 1. There is reason to doubt whether " Seignorial Right" had any existence prior to the Treaty of Waitangi. 2. The proprietary rights of Chiefs, Families, and People were recognised by the Treaty, but no right distinct from that of property. 3. No " Seignorial right" has ever been admitted in the Ngatiawa throughout successive Acts and Decisions of the Governors of New Zealand. 4. Governor Hobson recognised the Waihato Title to the Taranaki District, and acquired it by a valid cession from the Waihato Chiefs in 1842. 5. Governor FitzRoy in 1844 admitted separate and individual rights of ownership in the Ngatiawa, and promised to purchase them when offered for sale. 6. Governor Sir George Grey in 1847 did not even admit a Tribal Title in the Ngatiawa, and determined to resume the land for the Crown, after Reserves made. 7. The right of alienation in the various Hapus and Sub-divisions of the Ngatiawa has been repeatedly recognised, and has been the basis of every cession of Territory. 8. The Governor's acceptance of the Waitara Block was in accordance with precedents established by former Governors. 9. The rights of any Proprietors not parties to the Sale have been expressly saved, and any such Proprietors may sell or retain their land. 10. Wiremu Kingi's insurrection is not a legitimate resistance to an attempt to oust him from his land, but is a wrongful result of the Land League. 11. The, recognition of a right in any Chief distinct from a right of property in the soil, to control sales, would be unjust and impolitic. 12. The Governor advises therefore an adherence to the principles hitherto pursued by the British Government in the acquisition of territory from the Natives ... ... ••• -•- ••• ••• 24 III.—MEMORANDUM FROM HIS EXCELLENCY'S MINISTERS ON THE SAME SUBJECT ... ... ... ... 25 IV.—APPENDIX.