OF THE NATIVE LAND ACTS.

17

A.—No. 2ju

lesitation, in as far as tlieir means go, expending both money and labour in making improvements of ft more permanent nature than they had previously done, and not a few have already made a respectable progress in tins way, considering their means. I have also not unfrequently heard Natives on receiving an order for a certificate of title, remark with great satisfaction that they now felt secure in the possession of their property, as whatever others might do, their land could not be taken or confiscated so long as they themselves behaved as loyal subjects. I think this feeling among the Nalives a matter of no little iinporiancc. It shows they have faith in the protection which the grant of the Crown imparts, and that they in consequence feel bound by circumstances and their own interest not to commit any Tery serious overt acts in opposition to the Government. The Natives in the Northern Districts, according to my experience, come into Court in the great majority of cases with the hona fide purpose of procuring Crown grants for farms, generally of moderate size, for themselves ; they nevertheless do sell land to Europeans, and the ability to do this, given by the action of the Court, is felt as a great benefit by both parties, but particularly so by the intending settler, as it enables him to select exactly the land which suits his purpose; and though no very extensive land sales have been made, I think the gradual settlement of Europeans, on not very extensive blocks of land, is the most desirable way of settling the country, particularly when the land has been purchased by the settler directly from the Native owner, as it brings the parlies into contact in the manner least likely to cause dispute or danger, and most likely to lay the foundation of relations of friendship and mutual advantage. 3. — Points found to be defective. The only objection I have heard made against the working of the Native Lands Act is, that in some instances certificates of title have been given to only a i'ew individuals for lands in which many others had interests, on the und rstanding that the minority of the owners actually named as entitled would act as trustees for the rest, snd guardians of their intere-its, but that they did not do so, and in fact sold the land for their own advantage. I do not know whether any such case has really occurred, having only heard a report that some such thing did happen at Hawke's Bay. On this I have only to remark that, apart from the question as to whether such a proceeding would be good in law, which it might or might not, according to the real circumstances of the case, I think "The Native Lands Act, 1867," section 17, seems a sufficient protection for the interests of Native owners for the future. 4.— Surveyors. I do not think it at all advisable that the surveys of lands should be undertaken by Mr. Heale'a office, or by any other official department, for the claimants. 5. When it is taken to be a natural consequence of the contact of two races of men, that the soil of the country of one shall pass into the hands of the other, the suffering to the losing race appears to me to be equally inevitable, and therefore not to be in any way reduced or prevented. The higher the losing race may have stood in the seal;; of humanity, and the greater their material advantages of life have been, the greater will be the suffering, because the loss of the soil means degradation and poverty to the race. I think, therefore, that no plan can be devised for reducing the suffering at all in amount, though it may be reduced in intensity, but only by extending it over a greater length of time. Whether it is worth while to do so, or whether the more powerful race, though talking about ameliorating the condition of the other, would in reality do so, even were it possible, appears to me to be doubtful in the extreme. Individual benevolence has, no doubt, always existed, and has had more or less visible effects; but we look in vain for any marked proof of the exercise of benevolence as between races. I take it for granted that the two races more particularly pointed to by your question are the 13ritish and Maori races ; and I therefore think it right to state my opinion that the time has not yet arrived in winch we can assure ourselves that the soil of the Northern Island of New Zealand will pass permanently into the hands of the British people, or that the British race will be to a certainty the only ruling power in this country. As the Native Lands Acts in iheir operation seem to attain the objects for which they were intended, I feel unwilling to suggest any alteration, except those few amendments which have been the Bubjeet of discussion between us, and the proposal of which I would leave to your better judgment. • I have, &c, Hon. F. D. Feuton, Chief Judge, Native Land Court, Auckland. F. E. Making. Enclosure 5 in No. 2. Mr. Tiieoph. Heale to the Chief Judge, Native Land Court. Sir, — Inspector of Survey's Office, Auckland, 7th March, IS7I. The first and fifth heads on which I am desired in your letter of the 17th ultimo to report, justify me in going beyond my own proper province of survey. lam induced, therefore, to make a very succinct sketch of the whole question of Native land titles, and the means that have been adopted to convert them into legal freeholds before considering the improvements which appear to me to be required in the existing mode of dealing with them, both in its general conduct, and especially in that branch of the system in which lam more particularly concerned. Omilting altogether, for the sake of brevity, the historical facts which sustain these views, I take for granted—(l.) That the Native title to land is communal, —all the free families of the'tribe which acquired land being its proprietors, the chiefs* having no greater rights in it than the other members of the tribe, except in so far as, at the present time, they generally represent a greater number of families. (2.) That this title was founded entirely * IVi'lmps this was not nhnns so ; bn('ure I ho great numbers of hapus split oil' from the original 1 lilies, the authority and recognized rights of the chiefs may lmvo been grnilrr. Since it is very common to hear adverse claimants representing different liapus, ail admit that the laud originally belonged to one common ancestor, who is said to have made a division of it. 5