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A Compendium of Official Documents Relative to Native Affairs in the South Island. Volume Two.

No. 6. — The Native Secretary, to H. T. Clarke, Esq

No. 6.
The Native Secretary, to H. T. Clarke, Esq.

Colonial Secretary's Office (Native Department)
Auckland, February 20th, 1864.

Sir,—

I am directed by Mr. Fox to request that you will proceed by the first convenient opportunity to Invercargill. The principal object of your mission will be to purchase for the Crown Stewart's Island from its Native owners. You will find among the papers accompanying (which you will be good enough to return to this office), a record of the action taken by the previous Government, and will adopt for your guidance the instructions given by Mr. Domett to Mr. Heale, dated September 5th, 1863. Except that any matters which may require reference, you will refer to Mr. Fox instead of Mr. Mantell.

Among the documents incidentally referred to by Mr. Domett, you will find that some Europeans profess to have purchased during the last year, in the alleged belief that the "Waste Lands Act, 1862," page 55had legalized sales of Native land, and who profess to have paid large sums to Topi, and other Natives. Legally these claims are altogether invalid, and the transactions would subject the parties to heavy penalties under the "Native Lands Purchase Ordinance." The Government, however, does not desire to act in a spirit of harshness towards the claimants, and if you should, after full enquiries, find that the claimants have really paid large sums of money, and that by such payment they are in a position as between themselves and the Natives, to call themselves owners of the tract of land claimed; and if they are willing to transfer their rights to the Government in consideration of being repaid their outlay, yon may negotiate with them for the surrender to Government of whatever they profess to have bought. But if the purchases have not been bona fide; if, as between the claimants and the Natives the purchases are not complete; and still more, if the Natives have not been fairly dealt with as regards the actual receipt of the alleged purchase money; or if the position of the Government has been involved in any complication or difficulty in consequence of the acts of these persons, you will in any such case repudiate the claims altogether, inform parties that they are liable to prosecution; and at the same time report fully to the Government.

One of the claimants is a person of the name of Moffatt, who has been previously in communication with the Government, and received a considerable sum for services, or imagined services in connexion with a real or imaginary plot in Waikato.

In all your communication with this person, it will be necessary to exercise the greatest caution, and receive with great allowance any statements which may rest on his authority.

Another transaction which it will be your duty to attend to, is to the Riverton reserve. The Superintendent of Southland will communicate on this subject with you.

Generally, you will enquire into the condition of the Natives of the Province, and, subject to the approval of the Superintendent, enter into any arrangements which may be expedient for utilizing, for the benefit of the Natives, any reserves or other property belonging to them, in referénce to which the action of Government may be required.

You will I have no doubt meet with every co-operation on the part of the Superintendent of Southland.

As soon as you have disposed of all matters in the Province of Southland, it will be your duty to visit Otago, and by communicating with the Provincial Government and the Natives of that Province, ascertain what questions, if any, require the aid of Government for their solution. You are requested to report thereon to the Government and endeavour to make any arrangements which may be necessary.

You are authorized to employ such clerical aid and assistance in the way of surveying as you may find necessary, also to incur a reasonable amount of expense for entertainment of Natives on the occasions when they may be gathered together for negotiation with you. You will draw salary during the time you are so employed at the rate of £500 per annum. You will be allowed your passage to and from Southland, and all intermediate passages and horse hire, &c., necessary for the execution of your duties.

I have, &c.

Edward Shortland,
Native Secretary.

H. T. Clarke, Esq., Auckland.