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law as other land buyers." (Page 19.) These observations, and those which follow, appear to me, and I suggest it with humility, to arise from Sir W. Martin's over-looking the specific provision of the Treaty in favor of the general words of the Treaty. The native title is not known to the law, nor is it subject to, or entitled to be dealt with by law. It rests exclusively upon a Treaty entered into at the time between the British Government, who had recognized the New Zealanders as competent parties to a Treaty, and the New Zealanders, To maintain the faith of Treaties there exists no law. And I confess that, in the responsibility of the Queen's Governor, acting in the name and on the behalf of the Queen, so long as he is not controlled by what is called a responsible ministry, i see a greater security for the due fulfilment of the Treaty than would be derived from any judicial tribunal which could be created for the purpose, could such an anomaly exist as a tribunal to try the administrative acts of the Government in matters of so high an import as the fulfilment of a Treaty. The issue, as it appears to me, was not as Sir William Martin puts it (page 19), whether "the Governor has no more right to seize land upon the decision of his own agent than any other land buyer would have ;" but whether he was maintaining the obligations of the Treaty in defending the rights of Teira against the interference of Kingi with those rights. The greatest blessing which could befall New Zealand would be an Act of the Imperial Parliament reciting the uniform practice of the British Government in respect to aboriginal titles, and the necessity of maintaining the same in New Zealand, in such terms as would put down the mischievous agitation respecting the purchase of native lands, by rendering it hopeless that the law would ever be relaxed ; and arming the Governor with power to take from the proceeds of the sale of public lands such sums as might be necessary for the discharge of all obligations created by the Treaty, and for the administration of Native affairs, independently of the interference of the local Assembly, making him responsible only to the Queen and Parliament for the exercise of the powers to be delegated to him by such an Act. James Busby.

No. 4. MEMORANDUM BY ME. RICHMOND IN REPLY TO SIR W. MARTIN, D.C.L. ANALYSIS :

Introductory - - - - - 1 to 9 I. —NATIVE TENUKE OF LAND. Native Tenure as recognised by Treaty of Waitan gi—no question of, really raised in the Waitara case . - - -10 to 15 II. —WAITARA PUKCHASE. The Waikato Conquest of Taranaki - 16 to 19 Spain's Award, its effect - - - 20 &21 Governor Fitzroy's recognition of claims of the Ngatiawa not parties to sale to New Zealand Company - - - - 22 to 27 Governor Fitzroy's subsequent acts - 28 Governor Sir George Grey's acts, and other proceedings, from 1848 to 1859 - - 29 to 31 Conclusion in favor of Ist Government proposition - - - - - 32 Review of Statements of Pamplet respecting: (1). Becognition in 1844 of rights of Absentee Chiefs at Kapiti {Pamphlet p. 16) - 33 (2). Pas on the Waitara Block (Ib. p. 16)- 34 (3). Kingi's conduct on the offer of the Block, (Ib. p. 17) - - - 35 111. —THE POINTS IN DISPUTE. Governor's position as to land-rights in Taranaki, not a new Policy - - - 36 to 39 Kingi's opposition, on what founded - - 40 to 46 Kingi's connection with the Taranaki Land League 47 to 52 Kingi's demeanour and declarations - 53 & 54 Conclusion in favor of 2nd Government proposition - - - - - 55 No adverse claim of ownership preferred before commencement of hostilities - - 56 to 64 Review of Statements of Pamphlet respecting: (1). Teira's letter of 20th March, 1859 (Pamphlet p. 33) 64 (2). Purchase of Bell Block (Ib. p. 42) - 66 (3). Grounds of Kingi's resistance (Ib p. p. 33 and 42) - - 76

IT. —THE INVESTIGATION. General character of Investigation - - 68 to 71 Particular proofs of the ownership of the sellers 72 io 75 Failure of attempts to invalidate these proofs- 76 to 7-9 Possible outstanding claimants not excluded - 81 Local investigation at Waikanae not requisite 82 Conclusion in favor of 3rd Government proposition - - - - 83 Review of Statements of Pamphlet respecting:— (1). Wi Tako's letter (Pamphlet p. 56) - 84 to 90 V. —THE SESOET TO TOKCE. Governor's position that of asserting jurisdiction. Outstanding claimants, if any, not prejudiced - - - - 91 to 94 Governor's jurisdiction denied by Sir W. Martin. Fallacy of Sir W. Martin's view - 95 to 100 Land Purchase Department, its functions and comparative efficiency ... ioi to 106 Maories not amenable to jurisdiction of Courts of Law in ordinary Civil or Criminal cases —still less on - - 107 to 114 State of Taranaki district, character of Kingi, and his preparations for war. Certainty that he would not have been amenable to a Court of Law - - 115 to 120 Conclusion in favour of 4th Government proposition - - - - - 121 to 123 Expediency of Governor's proceedings a separate question. What considerations it involves - - - - - 124 & 125 VI. —THE CONSEQUENCES. Excitement of Maori King party, to what due 126 to 135 Review of Statements of Pamphlet respecting: (1). Withdrawal of Waikato Magistrate (Pamphlet p. 104) - - - 135 & 137 (2). Kohimarama Conference, its composition and conduct (Ib. pp. 117 and 118) - 138 (3). Native Offenders' Bill (/£ p. 119. etseq) 139 & 140 Genebai Conclusion as to Native Policy - 141 to 143.

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FURTHER PAPERS ON TARANAKI QUESTION.