CHAPTER X.
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CHAPTER X.
A FEW LAST WORDS. SUMMARY.
IN the foregoing pages we have proved that the principle "in regard to property in land," as laid down by Earl Grey, in the Letter of Instructions which accompanied the Charter of 1846, is not only radically unsound and unjust, but specially inapplicable to New Zealand, where the native title to the soil was, at the very outset, recognized by the purchases--good or bad--of the original Land-claimants, and has subsequently been admitted by those of the New Zealand Company, of the local Government, by the decisions of the Commissioners of Land-claims, and further, officially recorded in the Instructions of the Secretaries
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of State to Governors Hobson and Fitzroy. Tested by the practice of the North American Colonies, which Earl Grey cites as having existed for 300 years, that principle signally fails, because the various treaties entered into with the Indians by the States, show that even the Indian hunting-grounds were respected as property, and the title thereto was extinguished by purchase. Besides, the two cases are not parallel, for inasmuch as in the case of the North American Indians there existed no treaty by which their rights generally were recognized, in the case of the New Zealanders, the Treaty of Waitangi preceded our formal occupation of the country, and the natives understand that Treaty to have guaranteed to them all the rights they possessed antecedent to it. Now, upon the authority of the Governor, of the Bishop, of the Chief Justice and of others, these rights are established as extending over the whole of the Northern Island, and, as far as present information guides us, the Middle Island offers no exception; the purchases of the New Zealand Company proving, that although the Natives may there be fewer in number, and land consequently more easily obtainable, the boundaries are as distinctly de-
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fined as in the Northern Province, the notions of property as decided, and as determined the repugnance to be dispossessed without adequate compensation. Indeed, in all the disputes which arose between the Company and native claimants, but particularly in the case of the Wairau claim, the jealousy of these lest their title to the land should not be clearly admitted, influenced them in refusing to accept the presents astutely offered as a bonus on what was asserted to have been the original price paid for land of which they disputed the sale. 1 But even more than possessing definite boundaries to their lands, denoting the property of either tribes or individuals, it is known that amongst themselves the most sanguinary wars have arisen whenever these boundaries have been invaded, and it cannot be doubted but that similar aggressions, whether by their own people or by ourselves, would produce similar results.
Not less certain is it that their waste lands have an assignable value; for whilst their
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wood-land furnishes them material for carrying on an active trade in timber; their fern-lands (or wastes as Earl Grey defines them) and their flax-swamps &c., supply them with produce for exportation; whilst their pig-runs are not of less importance to enable them to victual the English settlements with pork; though formerly this trade was larger than it now is: add to this that they let out their grass-plains for grazing the Settlers' cattle; the Wairapara valley, for instance, being divided into lots, let at £12 per acre; that their rivers, lakes, duck and eel ponds furnish them with food: and it will be readily understood that extensive districts to them belonging, though uncultivated, are as much their property as are their pahs and potatoe-grounds.
The paucity of their present numbers is no fair test of the possible native population, for long and devastating wars, the former practice of infanticide and cannibalism, the introduction of European maladies, and the evils of a transition state, are all causes which have proved fatal to its increase; therefore, regarding the value of the natives' waste land to be dependent only upon the future demand they may have for it, these are grave political reasons for not
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depriving them thereof, except upon terms of equitable compensation.
Furthermore, Earl Grey's principle is practically inexpedient, because of the general disposition, on the part of the natives, to part with their waste lands for a sum that bears small proportion to its actual value for colonizing purposes. Again, it has been proved by the quiet possession which, for thirty years, the Church Missionaries enjoyed of the lands they had acquired of the Natives, that fair purchase is a certain foundation for peaceable occupation, whilst unfounded assertions of right have as notoriously terminated in bloodshed. And this has been the experience in our North American Colonies also, where the massacre in Virginia ensued in consequence of the suspicions of the natives, excited by their knowledge of our acts in Australia, Van Diemen's Land, India, &c. 2
From the foregoing remarks, founded as they are upon fact, it may be inferred that any attempt at spoliation of the New Zealanders, will be most likely followed by a general war; but as suspicions of such intentions on our
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part are already current, it is manifestly the duty of the Legislature to announce, in unambiguous terms, that such is not its intention; and as a proof of its sincerity, to revoke the objectionable clauses which the local authorities have feared to publish. Let it be remembered that land with secure possession can be had at a moderate price; and that from the inaccessible nature of the interior of the country, no amount of military force could protect the settlers and the Missionaries located in the more remote parts.
The Government policy in respect of the high upset price of Crown lands, will also be found a point worthy of immediate attention, for it is an insuperable bar to the rapid acquisition thereof by Settlers, as is proved by the difficulty which the New Zealand Company experiences in disposing of its property generally. To induce emigration, facilities for procuring land should be afforded to intending emigrants; but whilst the upset price remains fixed at twenty shillings per acre, the very classes who would turn such land to account, are debarred from purchasing it, because the first outlay is not the least.
In the arrangement entered into by the Government with the New Zealand Company, the reason adduced for consenting to take the
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Company's lands at 5s. per acre, was to prevent the Company--in case of its failure--from glutting the market with cheap land, and thus damaging the ulterior views of the Government. The result will prove, however, that such a course would certainly have proved the best. As it is, the Company has at its disposal the whole of what are called the Crown lands in the Southern province; (the Middle Island:) it holds possession of the Otakau district; thirdly, and under Earl Grey's arrangement, it is entitled to a grant somewhere, of 1,048,991 1/2 acres. Now as it is to receive 5s. per acre for this number of acres, it will keep it as a reserve, ultimately to claim of Government the value of the same, in money; it will of course proceed to dispose of the Otakau district, for which it has paid; and after selling the whole--should it succeed in so doing--will traffic in the Crown lands, from the proceeds of which--being bound to spend upon them, not less than ten shillings per acre in colonizing--it would derive a certain amount of clear profit; thus, in all respects, the Government will be the loser. But let it be borne in mind, that Government has engaged not to disburse its possible liability to the Company, save from the proceeds of the sales of the Crown
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lands--over and above outlay for emigration, &c.--under the actual system, no surplus can possibly remain to it: on the other hand, the Company is likewise under engagement--in the event of its success--to discharge its debt to the Imperial Treasury, only by setting aside not less than one fourth of its clear profits, over and above its emigration expenditure: terms which render it extremely doubtful whether the Company would ever be able to discharge the Government claim; as hitherto, the sale of Crown lands, after deduction of all necessary expenditure, has left no balance.
Referring now to the measures which Government ought to take for the advancement of the New Zealanders, it cannot be doubted, that having conceded to them all the rights and privileges of British subjects, they are entitled forthwith to be put into possession of them; and one of the first of these ought to be their admission to a share in the local Government. So far, however, from any principle being defined, or any system, under which they might gradually be brought into a complete state of civil organization, their progress is left to the results of their association with the Settlers, and their acquisition of knowledge,
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such as reading and writing in the English tongue, to the voluntary instruction of the Missionaries. It is not a question of expediency to lose no time in promoting their social advancement, but one of sound policy; for, whilst we can make use of Nene, Waka, Te Whero Whero, and such Chiefs, to aid us in quelling rebellion, it seems only bare justice to associate them in council upon matters of general importance to themselves and to the Colony.
Let Government look to this in time then; let it quickly change its entire system of Colonial policy; for it will find that the prosperity of all our Colonies is intimately associated with the welfare of the Native population, whether great or small; but which, unfortunately, it has too much neglected: and that one broad rule of justice, applicable to Natives as well as to Settlers, is not less a political necessity than it is a Christian duty.
