1849 - Hursthouse, C. An Account of the Settlement of New Plymouth - CHAPTER IV: Land question...

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CHAPTER IV.

THE "Land Question" of this Settlement will be best considered under four heads: --

I. The New Zealand Company's original purchase in 1840.
II. Mr. Commissioner Spain's award, June 1844, confirming that purchase.
III. Governor FitzRoy's reversal of Mr. Spain's award, August 1844.
IV. Sir George Grey's solution of the question, and consequent arrangements in 1847.

The first three points having no practical influence in consequence of the fourth, they require but brief notice as the mere history of the hapless past.

I. The preceding chapter shows that the original owners of this district were the Ngatiawa, who, in 1834, being attacked by the Waikato under Te Whero Whero, were destroyed, enslaved, or dispersed; and that the fugitives, flying to the south, settled along Cook's Strait and near Port Nicholson. The Waikato, glutted with slaughter and rich in slaves, never occupied the district, but at once returned to

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their villages, when a miserable remnant of the broken tribe, about sixty, who had probably hidden themselves in the neighbourhood, appear to have stolen back; and, as too insignificant to excite further hostilities, were suffered to remain quiet in their desolated homes. The New Zealand Company commenced their operations by despatching Colonel Wakefield to acquire land from the natives, and to choose a site for the first settlement. He arrived in 1839, and, in the course of his arrangements, attracted by its proverbial fertility, sought to purchase the present district. He succeeded in buying up the claims of the fugitives in Cook's Strait; also those of the remnant in occupation, who were anxious to attract European settlement as a protection against further Waikato aggressions. Soon afterwards, Te Whero Whero asserting his claim by "right of conquest," threatening to march and take possession, it became necessary to treat also with him; and Governor Hobson, who maintained his claim as well-founded, paid him 400l. on the part of the Company for its extinction. It appears that the Company took all possible precaution to effect a legitimate purchase; whilst the Governor's interference and participation therein should have stamped it with validity.

The first emigrants arrived in 1841, and were warmly welcomed as protectors by the few resident natives. Other ships followed; by degrees the settlement took root and flourished, attracting at

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intervals some of the fugitives from Cook's Strait; and, as the Waikato had commenced the liberation of the slaves, the aboriginal population of the settlement was every year fast increasing: gradually a disposition became manifest to dispute the white man's possession; although, as the Crown commissioner for settling "land claims" was soon expected to examine the Company's title to this particular district, in common with that to all others, the natives remained tolerably quiet.

II. Mr. Commissioner Spain, after many delays, during which the relations between the two races were gradually assuming a more serious aspect, at last arrived in June 1844, and at once opened his court; Colonel Wakefield appearing for the Company, Mr. Clarke, Sub-protector, for the natives. The case was tried in the presence of the settlers and about 300 natives; it lasted several days, and was thoroughly investigated. The Company claimed a block of nearly 70,000 acres; Mr. Spain awarded them one of 60,000. The Commissioner's decision was grounded on what he regarded as native custom and the natural justice of the case. And when it is considered that, under the Company's original regulations, one-tenth of the soil had been reserved for the natives, making in this instance 6,000 acres, to which the Commissioner added all their pas, gardens, and burial-places, while their actual cultivations did not amount to 150 acres, it must be admitted that a most liberal and philanthropic pro-

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vision was made for their future wants; and that their repudiation of the award could not arise from the slightest probable want of the disputed territory. Well knowing that Captain FitzRoy's government, banded with the savage, would not scruple to sacrifice the settlers to their imaginary rights, trespasses, cutting timber, petty robberies, followed close on the Commissioner's departure; and a marked determination was evinced, either to extort some enormous payment, or to stop the progress of cultivation by driving the Europeans into narrower limits. In this conjuncture, the settlers asked for protection, when Captain FitzRoy came in person.

III. Captain FitzRoy arrived in August 1844, and very soon informed the settlers that although he had not even read the Commissioner's Report of the case, being satisfied that his decision was wrong, he should at once proceed to set it aside. In this, his professed object was to do justice to the "returned slaves," who, as his chief counsellor, Mr. Protector Clarke, assured him, had not, agreeably to native custom, lost their rights by slavery, --they were not parties to the sale, and thus the Company's purchase was null and void. The Commissioner maintained quite the opposite opinion; whilst Governor Hobson, disagreeing with both, had paid the Waikato as the true lords of the soil. These clashing opinions might have convinced Captain FitzRoy that any attempt effectually to decide the question by the vague and oft-conflicting customs of

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barbarism would be utterly hopeless, and that the best guide would be common sense and common justice; consulting which, he would have taken some such view of the case as this: --

Three parties were supposed to have claims on the district at the time of purchase, --the Waikato conquerors--the few resident natives--and the absentees, consisting of the fugitives and the slaves. The first and principal were paid and satisfied; the second and the fugitives were also paid, and the slaves should have been compelled to receive the same, or some reasonable amount of payment. Let it be distinctly remarked that a high authority had pronounced their claims unfounded; and ample provision having been made for their future wants, they had not the slightest occasion for that land, the possession of which was necessary to the European.

This, I think, could have been peaceably accomplished; at least the attempt should have been made. Te Whero Whero, the conquering Waikato chief, fully recognised the purchase; he had always been on friendly terms with the Government, and was held in dread by those natives, who, recently his slaves, were now disputing possession of the very district which he had himself sold.

Under these circumstances, Captain FitzRoy should have requested Te Whero Whero, with two or three of his principal chiefs, to accompany him to Taranaki; have then assembled the refractory

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natives, and quietly told them that the Waikato had sold the district by right of conquest; but, as he wished to improve their condition, he would, for some stated period, make them an annual present, subject to their good behaviour, of blankets, cattle, and horses. That instead of the Company's indiscriminate tenths, he would throw the 6000 acre reserve into four or five blocks, so as to suit the convenience of the various harpu, or families--and finally have referred them to his friend Te Whero Whero for any further information they might require; when those best acquainted with this chief's influence, and the Waikato name, must see that quiet possession of the district would probably have been obtained. 1

Far, however, from Captain FitzRoy was any such course: dealing with a Company opposed by the Colonial-office -- blinded by maudlin sentimentality for "oppressed slaves"--spurred on by the missionary clique, he came to judgment in a spirit which soon stripped the unfortunate settlers of their land, and which virtually dispossessed the Company of the finest territory they had ever acquired. Some

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suppose that his secret intention was to break up the Settlement--then to remove the wreck to Auckland; and whether this be true or not he nearly succeeded in accomplishing the first part. Governor Hobson had purchased the whole district for the Company, the Crown Commissioner had awarded them 60,000 acres, Captain FitzRoy repurchased a patch round the village of 3,800 acres, without any timber, forced all the settlers into it, abandoned the remaining 56,000 acres to the natives; and, as he says, "left New Plymouth perfectly quiet"-- the quiet of death. In strict justice to Captain FitzRoy it should be observed, that the settlers who were thus removed received certain compensation in debentures, of which they succeeded in disposing on better terms than was expected.

This was Governor FitzRoy's settlement of the New Plymouth Land Question. It may certainly be said that the actual extent of land would more than suffice to grow food for the few dispirited settlers likely to be left; but for colonisation the Settlement was annihilated; a dangerous precedent established, likely to invalidate all past land sales; and further proof afforded of that "truckling to savages," which, leaving Wairoa unpunished, causing some singular freaks and the destruction of Kororareka, at length produced a disastrous war at both extremities of the island. 2

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In viewing this transaction it must appear that the natives exhibited blind rapacity; for, if they had yielded possession, emigration would probably have continued to increase when their 6,000 acre reserve would have been worth more pounds than it is yet pence. Their conduct must be attributed to bad counsel, to the ignorance of savages; and seeing that if they made further encroachments the settlers would be entirely driven away--the thing they least desired; or perhaps from some awakening sense of honour, they continued strictly to observe their bargain.

The Settlement, however, thus compressed could but languish; and nothing save its natural advantages preserved it from abandonment by all those who had the means left of returning to England, or of trying their fortune in other colonies. Two years passed away, when, to the tumultuous joy of the country, Captain FitzRoy, relieved from the cares of government, was superseded by Sir George Grey; who, closely engaged in quelling the native disturbances raised by his predecessors, was unable to visit New Plymouth before the commencement of 1847.

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IV. Governor Grey took this practical view of the question. In abandoning the 56,000 acres to the natives, Captain FitzRoy had recognised their right thereto; and any attempt now to wrest that tract from them would lead to war, which, however successful, must seriously retard the progress of the Settlement. In Taranaki peace had been constantly maintained, and this pacific character it was most desirable to preserve. But, as more land was absolutely requisite for the increase and advancement of the Settlement, every effort must be made to acquire it by purchase. It should be observed that during the long period which had elapsed since Captain FitzRoy's visit, the two races had preserved a friendly intercourse; trade and its relations had produced the usual humanising effect on the savage, enlarging his views, and causing him to mistrust the old missionary cant, which represented the settler as ever grasping and rapacious--a fortunate state of things, as it tended to facilitate the excellent arrangement which the Governor was enabled to effect.

The natives in this Settlement may be divided, locally, into three bodies--the town and Waiwakaiho, the Mongaraka, and the Waitera party. The Governor assembled them, questioned their exclusive right to the whole district, reminded them of his Waikato friends, counselled them to avoid trouble by selling that which they could never require, pointed out the advantages derivable from

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a large European community in increase of trade and civilization, and promised to make them good reserves wherever they might desire, in separate blocks.

The first party soon evinced a disposition to profit by the proposal, and, after several interviews, agreed to sell. The southern natives, owning the district adjoining Mr. Spain's award, came to offer more land. It was then expected that the Mongaraki party, on seeing the fine reserves made and the increased wealth of the sellers, would ultimately follow the example, and so influence the Waitera natives that the greater part of Mr. Spain's award would gradually be acquired. Having thus disposed of this long vexed question, His Excellency departed, leaving the authorities in charge to press the completion of the purchases with all possible despatch--when the land so acquired would at once be made over to the Company for the requirements of the Settlement.

The purchase first effected was the Grey block, comprising nearly 10,000 acres, sold by the town natives for 390l., to be paid in annual instalments. It forms part of Mr. Spain's award, and a portion of it was originally surveyed by the Company. It surrounds the FitzRoy block, and consists almost entirely of bush. The soil is of great fertility; it is level, well watered, and contains a quantity of valuable timber. The Native Reserve consists of 1,150 acres in two or three separate portions.

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The second purchase was the Tataraimaka block, comprising nearly 4,000 acres, sold by the southern natives for 150l. It is detached from the Settlement, distant about ten miles; it was purchased for a cattle run, and is a beautiful small block bounded by two rivers.

The third purchase was the Omata block, adjoining the first, but just out of Mr. Spain's award: it comprises 12,000 acres, and was also sold by the southern natives; the price, 400l., to be paid in annual instalments. It is of similar character to the Grey block; but, containing more fern and light bush land, it is perhaps the more valuable district of the two for the present wants of the Settlement. The Company have laid out part of this block in a most efficient manner; and, as a proof of its available character, the contract for the survey was taken at the rate of 6 1/4d. per acre.

The completion of these three purchases occupied several months; the Government officers were scrupulous in obtaining the consent of every individual interested; title-deeds in the Maori tongue, showing boundaries and reserves, were duly signed by men, women, and even children; and the whole business, conducted with the greatest fairness and publicity, was concluded to the satisfaction of both Native and European.

As before observed, it was expected that when this was accomplished, the Mongaraki party would follow the example set by the town and southern natives.

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This body, however, numbering about one hundred men, consisting chiefly of the returned slaves under the guidance of a petty, turbulent chief, was the original cause of all the trouble. They had ever been unfriendly to the whites, and were still so decided in refusing to part with any portion of their land, that such efforts as were now made in this quarter proved abortive; and, as the southern natives were desirous of treating for further sales, the officers of Government appeared most inclined to obtain land by purchasing in the easiest direction. The acquisition of the Mongaraki district, however, consisting of rich open land lying between the Grey block and the Waitera river, was so earnestly desired, that, on a representation of the case, Governor Grey again visited New Plymouth in March 1848.

The settlers now prudently requested the direct assistance of the Company's late agent, F. D. Bell, Esq., and the Governor having expressed a similar wish, this gentleman at once commenced operations, with such vigour and judgment, that he soon succeeded in effecting a first purchase of 2000 acres in the heart of the Mongaraki district; whilst, by an excellent arrangement, the payment was made in cattle--a more durable kind of property than blankets and tobacco, and which may be regarded as an additional guarantee for the natives' advancement in the arts of peace and civilization. This small block, as a portion of Mr. Spain's award, has all been

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surveyed, and is of the most available character; but it is an acquisition much less important from its intrinsic value than from the admirable results it will probably induce. It has effectually broken up that system of exclusion which these natives, baffling every effort of the Government, have so rigidly maintained for a period of five years. By the tact displayed in the negotiation, the very men who, in its first stages, were most opposed to it, were so won over as to become anxious to sell more land; and in all human probability, if the officers of Government follow up this preliminary purchase with spirit, the greater portion of the splendid district around the rivers Mongaraki and Waiongena will soon be available for the purposes of colonization.

During the Governor's visit, he made public an arrangement which he proposed soon to carry out. It will be recollected that, when Te Whero Whero defeated the Ngatiawa, most of the fugitives settled near Port Nicholson; and although some had been attracted back, a large number still remained. Part of these, who had settled at Waikanae, amounting to about 270 men, and who, in 1814, had assisted the Governor in quelling Rauperaha, now longed to rejoin the headquarters of their tribe, and return to their old homes on the banks of the Waitera. As allies of Government, their location on that river would command the approach to the Settlement from the interior. As civilized and industrious natives,

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possessing boats, horses, and one or two coasters, they would afford a supply of labour, and materially increase trade and exports, if cultivating good land on the banks of a navigable river; whilst those resident on the Waitera had urged the absence of their relatives, and the necessity for their consent, as a reason why they could not justly part with any portion of the land. Moved by these considerations, the Governor had offered to assist them up to Taranaki, and locate them in the north Waitera district, having its north bank for their southern boundary; to lay out a site for their village; and to try to make them a model native settlement. 3

Under Governor Grey's excellent arrangements, then, a tract of nearly 30,000 acres, in a district which is proverbially the garden of New Zealand, has already been peacefully obtained, at an expense of tenpence per acre. When required, more land is procurable from the southern natives; whilst it is almost certain that the greater portion of the Company's original block will eventually be acquired in a similar manner.

This land might have been "wrested" from the

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natives; but "fighting," however successful, must have been attended with some deplorable results. The natives might have been, driven off, but with their revengeful feelings thus excited, who, in a scattered agricultural community like this, was to insure the remote settler against the attack of some marauding band?--Certainly, not the soldiers. Consequently, several farms must have been abandoned, and the unfortunate owners, becoming dwellers for the time in some wretched military post, might thence, as at Wanganui, have joined their valiant yet discreet defenders in securely watching the destruction of their property. The progress of the natives in civilization would thus have been seriously checked; and instead of having them, as now, useful neighbours, the settler must long have regarded them as enemies, or at least with suspicion, as neutrals, perhaps awaiting only the opportunity for revenge.

Peaceful purchase, on the contrary, is attended with many excellent results: the large reserves made for the natives; the encouragement given them to invest the money received for land in stock; the friendly terms on which they are enabled to live with the European, will so advance their civilization, as in a few years to render them, if not the sinews of the Settlement, yet a valuable addition to its natural advantages. whilst, as regards a renewal of colonization, the emigrant would naturally prefer coming to a place where the Land Question, harmoniously

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settled, had never caused bloodshed, nor seriously disturbed the peaceful relations existing between the two races.

The question of compensation, as arising out of the land question, appears now to call for some notice; and, in making a few remarks on this subject, it may be right to observe that I have no pecuniary interest involved in the matter. It is necessary to inform those who have not paid attention to New Zealand affairs, that various bodies of settlers, who purchased land of the Company, and emigrated under their auspices to the different settlements, now claim compensation for non-possession. Against this claim the Company advance, as a general plea, that this grievance was attributable only to the hostile policy of Government, and to no acts or omissions of their own.

It cannot, I think, be shown that the New Plymouth settlers have a claim against the Company for compensation on this ground alone. The history of the land question here, shows that Governor Hobson interfered, participated in, and sanctioned the Company's original purchase--that the Crown commissioner, specially appointed by the home Government, awarded in their favour--and that Captain FitzRoy repudiated the acts of his predecessor, quashed the Commissioner's award, and abandoned the district to the natives--whilst the Company's "land orders" expressly stipulate that they do not "guarantee the title against the results

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of any proceedings of, or under, the authority of the British Government." It is not, however, so necessary to consider the legal validity of the claim advanced, as the Company have always expressed great sympathy for the early settlers, and their intention to deal liberally with these pioneers of civilization: there is yet no reason to mistrust that they will act in the spirit of their words.

It appears to me that the position for the settlers to assume towards the Company on the question of compensation should be this: --We emigrated to New Plymouth at your suggestion, under your auspices; adverse circumstances, over which neither party had control, prevented your giving us possession of the land you sold us; our losses have been heavy in consequence, and our unfortunate situation, in common with that of our fellows in the other settlements, excited such sympathy in England as to promote your late profitable arrangement with her Majesty's Government; you have now plenty of land at your disposal; instruct your agents to examine into our individual claims, and let them award us a portion of your superfluity. That, on such considerations, a great majority of the directors and proprietors would grant some compensation in land, there is no reason to doubt: to any small minority which might view the question in a mere pecuniary light, I would suggest, that such a course would eventually prove the most gainful: it is impossible to prove this by figures, still it is true.

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If the great body of the settlers--the workers for the Company--over come to regard that body as hard and grasping; as profuse of good words, but chary of good deeds; as a distant monopoly with separate interests, it is easy to foresee that the scheme of New Zealand colonization by the Company would be virtually marred. The Company's profit -- in fact their existence--depends upon land sales; to effect which, they must find purchasers in emigrants to their settlements. Now, persons intending to emigrate to New Zealand would naturally place confidence in the Company, and put faith in their representations, rather from the report of parties settled in the country, than from any statements which the Company might itself put forth. If, then, the Company were in general bad repute in the colony, it would, by certain exaggeration, be made to appear so much worse at home, as to be there regarded with great suspicion, and the stream of emigration would probably be diverted into the northern or Government division -- where natural advantages are as great; where there is a larger Government expenditure; and, best of all, where there is almost the assurance that no new settlements will be planted until the old ones, having taken firm root, are making a flourishing growth.

Considering, then, that the Company would evince gainful liberality in making some compensation in land, there is yet one thing needful on their part to give full value to the act--necessary to pro-

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mote the common welfare of all parties who own or intend to acquire property in New Zealand-- namely, the determination to found no new settlements at present, but to vivify the old ones with more capital and labour. This subject has already been alluded to; its paramount importance must excuse my alluding to it again. It is utterly impossible to impress any one who has not lived in a young colony with a sense of its real state of backwardness as compared with England or any old country. No written or verbal description would convey to such a person a clear and distinct idea of the actual state and condition of things in the backwoods of America, the plains of Australia, or on the coasts of New Zealand. And certain am I, that if the most sanguine of the Company's Directors could possibly be induced to effect a voyage to New Zealand, and would just dwell in each of the Company's settlements one month, he would, on his return, strongly dissuade his colleagues from planting any fresh settlements for years to come.

1 would conclude this subject by advising the intending emigrant to choose Wellington, Nelson, New Plymouth, or Auckland as the field for his exertions. In the early settlements, the first roughness is gone; the way has been smoothed; there, he can avail himself of that practical knowledge which the dearly-bought experience of eight years has conferred on the old residents; and this alone would be of more real value to him than all the advan-

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tages combined which he may expect to realize in any new place, even if that place really was the most favoured in all natural capabilities. It were easy to show, however, that, in this respect, the "sites" already chosen for settlements are equal, if not superior, to any others which could now be selected.