THE GOVERNOR'S DESPATCH Sound at that time. When they informed me that they had agreed to sell the land, my reply ta them was, that they had better wait untd matters bad been finally arranged at Waitara, as I should not feel myself justified in concluding the purchase with them till then Having arranged with them that they should be paid after matters were settled at Taranaki, I. left Ropoama's place for Wellington, where I notified to the Natives what had taken place with reference to Waitara. I had previously ascertained the names of the Wellington claimants to the land. I consulted them about it, and made similar arrangements with them to those which I had made with Ropoama, that they should be paid when the block ws settled for at Taranaki. I believe that one or two of Ropoama's people were at Waikanae at that time, and he promised to see them on their return, and to endeavour to arrange matters with them with respect to their claims. It has been recently stated that, in addition to these persorrs who are known and recognised as the actual owners, claimants are to be met with at the South as numerous as a swarm of bees ; but I think that_ those who say so, would find very great difficulty in establishing anything beyond mere assertion of right to the land comprised in the Government purchase Knowing how scattered the claimants were, and the difficulty of getting them all together in any one place at any one time. I was a long time pursuing investigations before I myself came to the. conclusion that the purchase was quite satisfactory; but the more I enquired into the case, and came into contact with impartial Natives residing at a distance, and having no particular interest in the locality, the more I became satisfied that tht purchase teas a. good one (134). 95. But the complaint is, that the investigation was not by some Court. " What is demanded by the Natives," says the Archdeacon, "is an impartial Court, in which their respective claims can be stated, and before which they may bring evidence to be received on oath. Nothing short of an inquiry, conducted on such principles as these can be considered an ' investigation' of their titles to laud" (135). In reference to this, the Chief Justice, in his speech to the Legislative Council which I have before quoted, said: " On the present occasion it is enough to say thatif Wiremu Kingi hrdany title, tribal or otherwise, he owes it to himself that his title was not recognised ; seeing that the purcha6B from Te Teira and others was not hastily concluded, and that while His Excellency's conduct wa» marked by patient and thoughtful reserve, he was met not on'y with defiance, but contempt But, Sir, when I assert that His Excellency was forced into this war by circumstances beyond hit contr.ul, I look a little beyond this isolated purchase of Teira's land. I ask in what condition Hi» Excellency found ths Native race? And when it is said that Kingi's dispute should have been referred to some tribunal, I ask, what tribunal? If you tell me, to the Commissioners, I ask, what Commissioners? If Kingi had been summoned before some tribunal, and had as assuredly he would have, refused to come—what then?" (136). And Mr. Swainson, in his speech in the same debate, said : "I do not mean to say, that if any such tribunal had existed, the Native disturbances at Taranaki would never have arisen : neither do I make the remark in disparagement of the present Ministry. I believe that the present Government is no more to blame for the want of such a tribunal than the Governments who have preceded them. lam the more careful to make this statement, because the Governor has been blamed, but as I believe unjustly blamed, for not having submitted the claims of Wiremu Kingi to a Court of law" (137). 96 But when such a tribunal was in existence, when the opportunity was before him of giving " evidence on oath" with respect to his claims, Wiremu Kingi did not avail himself of it. Why did he not, being on the spot at the time (as I have proved above), tender his evidence before Commissioner Spain, whose Court was precisely such a tribunal as is referred to ? What he would not do in 1814 he would not have done in 1860 or at any other time ; namely, appear before any triburral whatever with the least intention of submitting to its decisions. And if any such tribunal had existed in 1860, he would have been met at once by this rule, stated by the Bishop of New Zealand in his evidence before a Select Committee of the House of Representatives : " I believe that it is in accordance with Native custom that any person not asserting a claim at the time of salt would be barred" (138). 97. Archdeacon Hadfield further says—.-"The absurdity of the procedure, not only in thi» particular case but in all the so called investigations of Native titles to land, appears in the fact, that up to the present time no principles have been laid down as to what constitutes a title to land (139)." To this I oppose the fact, which I have detailed above, that the most clear and decided and uniform principle has been laid down ever since 1844 in dealing with the Ngatiawa title at Taranaki ; and the opinion of one of the authorities I have quoted on Native Tenure, who says \ " I believe that were it possible to teach the Maories the English language, and then bring them into some Court, allowing each contending party to plead his cause in such a dispute as I have mentioned, not according to English law but Maori custom : both sides would according to Native genealogy and laws make out their respective cases so clearly thai it would take a Judge and Jury possessed of more than human attainments to decide the ownership of the land" (140). 98. Archdeacon Hadfield says : -" Still, I feel bound to express my opinion" that the Governor's attack on W r illiam King was not only impolitic, but, under the present circumstances of the Colony, an act of folly bordering on insanity" (141). In answer, I beg to submit the opinion of the Chief Justice, who says : " From the moment when Te Teira offered for sale his interest in that block of land, and placed his mat before the Governor in token of its surrender, His Excellency wa3 bound by every consideration of Treaty and of Justice to accept the offer to the extent and upon the conditions on which he then accepted it. I think, further, that from the moment when Wiremu Kingi, after passing with insult and defiance from the Governor's presence on that occasion ; after declining for twelve mouths to explain the nature of his own claim (if such he had) or the grounds of his prohibition

E—No. 1

«OVERNGR*B DESPATCH. 4th Dec, 1860,

(tS4) McLean, Evidence, App. C. 3.

(135) Hadfield, App. E. 14.

(13«) Chief Justice, App. B. 1.

,(137) Sivainson, App. E. 2.

(138) Bishop of N. Z. App. E. 3. (138) Hadfield, App. E. 14.

(140) White, App. A. 14. (141) Hadfield, App. E. 14.