E—No. 1

THE GOVERNOR'S DESPATCH claim and urged its recognition, whereas his speech afforded abundant proof that he then held no such doctrine (58). And in support of this view, Mr. Spain quoted the opinion of the Rev. S. Ironside, a Wesleyan Missionary of acknowledged experience and intimate acquaintance with the Taranaki question, who strongly deprecated any payment whatever being made to the Ngatiawas (59). 42. The Reports of Protectors Clarke and Forsaith, made immediately after delivery of the Commissioner's judgment, in no way impugned his decision or suggested its reversal (60): nevertheless the Governor reversed it, as I now proceed to state. iii. Proceedings of Governor Fitzßoy. 43. The delivery of Mr. Spain's judgment caused a great excitement among the Natives, and numbers of them appealed at once to the Governor. In particular, Wiremu Kingi, who was on the spot at the time, wrote a letter on the Bth June, the day of the judgment, to which I beg to call Your Grace's attention (61). He there declares that not a single man of the Ngatiawa tribe received payment from the New Zealand Company, but only men of the Puketapu and Ngamotu tribes. This would be false, even if there were any foundation for the distinction attempted to be drawn between the Ngatiawa and the Puketapu and Ng-amotu p?ople; but there is no manner of doubt that these were hapus or families of the Ngatiawa equally with the Manukorihi branch to which Kingi himself belongs. I shall by and bye have to remark on the significant fact that Wiremu Kingi, though present at the time, asserted no claim whatever before Commissioner Spain. 44. Immediately on receiving the remonstrances of which I have spoken, Governor Fitzßoy decided on going himself to Taranaki, and meanwhile sent down Protectors McLean and Forsaith, with the Rev. Mr. Whitely, to prepare his way with the Natives. These gentlemen arrived ove-land almost simultaneously with the Governor, who held his inquiry at New Plymouth on the 3rd of August, 1844. The Waitara Natives, by that time numbering about 250, were with difficulty persuaded to attend the Governor at all, and only did so on seeing that the Waikato Chief Te Pakaru, whom Mr. Whiteley had brought down to assist in settling the question, instantly complied with the summons. This was a signal mark of the respect with which we are told that Chief was treated by the Ngatiawa people, as one of their conquerors (62). 45. I beg leave to request Your Grace's perusal of the report of the proceedings at that enquiry, which was published by authority in the Native language after the manuscript had been corrected in English by Governor Fitzßoy himself. The following extracts, however, clearly state the principles on which the Governor proceeded:—" I have no wish to fight," said the Governor. " One great work I haveto do, it is this: I will not permit one man to behave ill to another My work is this—to carefully settle the question about the land; and I will arrange it thus. I will not consent to the Pakehas being expelled; the matter must be left with me. I will not agree to your molesting the Pakehas, nor will I allow the Pakehas to molest you. I will insist upon quiet being maintained. If you do not listen, I will bring soldiers, that quiet may be kept Now this is the Governor's opinion; that all the Natives at Taranaki should go to their- teachers, or to the Protector of the District who lives among them, and state the names of their places; and the Protector will write down the names of the owners and their estates, whether belonging to man, woman, or child. And if such owner agrees to sell his place on reasonable terms, it will be purchased and he will receive payment. Mr. McLean has been left by the Governor as a Protector for you; he will arrange about your lands. Be kind to him, and attentive to what he says; and point out your respective possessions correctly. Do not quarrel; do not say ' All this is mine, all that belongs to me;' but mark it out quietly, and do not encroach on any other person's possession, but let every man point oat his own. Do you ask why we are thus to take down the names of your places? It is to prevent future mistakes. You have heard that no land will be taken unjustly. If you sell it to the Europeans, well: but you must be careful each to sell his own property, and then he ivill receive the payment himself (63)." 46. Your Grace will observe that in this manifesto Governor Fitzßoy, Ist, required that the existing disputes should cease; 2nd, distinctly recognised the individual right to sell; and 3rd, expressly promised to purchase the land of any individuals willing to dispose of their rights. 47. In order that these rights might be ascertained, forms were prepared of schedules to be filled up by the claimants, and enquiries were at once set on foot among the various sections of the tribe (64). Having so far quieted the prevailing excitement, Governor Fitzßoy returned to Auckland, promising to return in two months and make a final settlement of the dispute. The result of these enquiries was not encouraging. At Waitara, Mr. McLean found the Natives still resolved not to sell; and indeed he admits that they did not consider themselves empowered to negotiate without the consent of several absentee Chiefs still residing at Kapiti, who owned the greater portion of the land. (65). 48. In November (1844) the Governor returned as he had promised, to give Iris final decision. Certain proposals, made jointly by Protector McLean, Protector Forsaith, and the Rev. Mr. Whitely, were submitted to His Excellency and adopted by him as the basis of that decision. In Mr. Forsaith's Report of the transaction dated 23rd November, he distinctly says : " These suggestions have been so far approved by His Excellency that his decision has beeir based upon the general principles they embody : the modifications required in their practical application to the existing dispute will doubtless be made iu'ly apparent in the more detailed report of Mr. McLean (66)." 49. I beg Your Grace's special attention to the following extracts from those proposals:— " Let a block of land be marked out, bounded on the South by the Sugar Loaves, and on the North by the Waiwakaiho River, running back as far as the Company's surveys have been extended, or still further inland if mutually agreeable, which would comprise an area of 7150 acres. * * Let. a definite sum be fixed as a fair aud equitable price for this block, at a certain rate per acre; from

govkbnon's Despatch.. 4th Dec, 1860. (58) Spain, Award, Clarke, Speech, App. B. 6. (59) Ironside, App. B. 7. (CO) Clarke, Forsaith, App. B. 8, 9.

(6!) Wiremu Kingi, App. B, 10.

(.02) Whilely,Forsaith, McLean, App. B. 9,11,13.

.(63) Official 'Report, App. B. 10.

(64) McLean, App B. 12

(65) McLean, App. B. 11.

(66) Forsaith, App. B. 14.