ON " SEIGNOEIaL RIGHT."

E—No. 1.

endless complications of such customs were eventually resolved into the law of might ~.,,. The Native has no fixed law to regulate the rights of propsity. The Euiopian has a .aw to guide him on this subject—the Native has no well-defined law. ♦.„.... ..... Powerful tribes took possession of land by driving off or exterminating the original inhabitants ; these in their turn drove off other less powerful tribes. The conqueror enjoyed the property while he had the power of keeping it" (18). 13. And in order to illustrate the difficulties in the way of laying down fixed rules, I beg leave to give Your Grace a few instances of conflicting opinions > — There is reason to think that an independent In the Bay of Islands, where land purchases right to alienate land without the consent of the were first made, the Native of every degree of Tribe is unknown in New Zealand (19). rank sold his land without reference to any other authority (20). The lights of ownership, whether in one or Often there will be only one main proprietor niguy joint proprietors, were not aliens, le with- or lake [source of title] ; but if he be not a Chief out the consent of the tribe (19a). of rank, the head man will take upon him to dispose of the spot. Often, and more frequently, there will be several take, and one of them will sell without consulting the others (21). Over the uncultivated portions of territory held The lands of a Tribe do not form one unbroken by a Tribe in common, every individual member district, over which all members of the Tribe may has the right of fishing and shooting (22). wander. On the contrary, they are divided into a number of districts appertaining to the several sub-tribes (23.) Oidinary freemen (tvtvd) cannot alienate that When any member of a Tribe cultivates a and, which is absolutely their own for all practical portion of the common waste, he acquires an purposes, tut is not to be disposed of in a msrner individual right to what he has subdued by his contrary to the supposed interests of the tiifce labour ; and in case of a sale, he is recognised as (24). the sole proprietor (25). A-Tribe never ceases to maintain their title to The title or claim to land by Tribes existed no the lands of their fathers (26). longer than it could be defended from other Tribes (27). The right of each Tribe to land extends over No Tribe has, in all instances, a well-defined the whole of the tribal territory, and entirely boundary to its land as against adjoining Tribes; precludes the right of any other Tribe over it and the members of several other '1 ribes are (28). likely to have claims within its limits (29). Conquest, unless followed by possession, gives Conquest alienates the land, but it has its no title. So distinctly is this principle recognized, quibbles. Conquest and occupation give a valid that I have no doubt that any attempt to support title ; conquest without occupation is doubtful and maintain the validity of titles derived from (31). conquest only, would be met by a most determined resistance, even if attempted by Her Majesty's Government (30). The New Zealanders do not forfeit their terri- The question turns upon whether slaves taken in torial rights by being carried into captivity or war, and Natives driven away and prevented by becoming captives,, I have known slaves fearof their conquerors from returning, forfeit their tenaciously maintaining their territorial rights claims to land owned by them previous to such while in a state of captivity (32). conquest. And I most unhesitatingly affiim that all the information I have been able to collect as to Native customs throughout the length and breadth of this land, has led me to believe and declare the forfeiture of such right by Aborigines so situated. In fact, I have always understood that this was a Native custom fully established and recognised, and I do not recollect ever to have heard it questioned till [now] (33). 14. The conflicting authorities here quoted furnish a satisfactory answer to an accusation constantly preferred against the Native Department, that in extinguishing Native Title they are guided by no fixed rules, but have, with apparent caprice, dealt with Chiefs in one place and with proprietors in another, No one of my predecessors has ventured to lay down any precise theory on the subject of Native Tenure, nor could I pretend to do so ; op the contrary, I have endeavoured to follow in the path traced out by them, and have studied to preserve as much consistency and uniformity of action as circumstances will permit in all dealings with Native Proprietors. I now propose to prove to Your Grace that my dealings with the Ngatiawa Tribe have foimed r.o exception to this rule,

governor's despatch. 4th Dec. 1860."

(18) McLean, App. A. 1,

(19) Bishop of N. Z., App. A. 2. (19a) Ibid. (20) Hamlin, App. A. 6.

(21) Maunsell, App, A. 4.

(22) Stcainson, App- A. 10.

(23) Sir W. Martin, App. A 3 : V

(24) HaJfeld, App. A. 9. (25) Stcainson, App. A. 10.

(26) Clarke, A pp. A. 8 (27) Beard, App. A 5

(28) Hadfield, App. A. 9. (29) Board, App. A. 5

(30) C7«rfe,App. A. S (31 ) Hamlin, App. A. 6

(32) Clarke, App. As

(33) Spain, App. A 7.

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