Other formats

    Adobe Portable Document Format file (facsimile images)   TEI XML file   ePub eBook file  

Connect

    mail icontwitter iconBlogspot iconrss icon

The Pamphlet Collection of Sir Robert Stout: Volume 10

Par. 21, 22, 23, 24

Par. 21, 22, 23, 24.

It is here asserted that "Mr. Spain's Award was a solemn judicial determination," and also that "Governor Fitzroy had no authority to reverse Mr. Spain's determination."

Mr. Spain's powers were such as he received under his Commission from Her Majesty and under the "Land Claims Ordinances" of the Colony. It is plain that the Commission by itself could not give him power conclusively to bind persons and lands; page 35 the Legislature only could give such power. Now the powers which the Legislature really did give, were only such powers as were requisite for a proper investigation. The result of the inquiry was to be reported to the Governor. Mr. Spain made no such claim for himself as is now made for him. In his Despatch to Governor Fitzroy, 12th June, 1844, he says, "I delivered my judgment in the presence of a considerable number of Natives, as well as Europeans; but wherein I have most carefully explained that the same is subject to confirmation by your Excellency, and cannot be carried into effect without your approval" (E. No. 2, p. 8.) Accordingly Governor Fitzroy, acting on the advice of the officer who was then responsible for Native Affairs, refused to confirm it".

Respecting Governor Fitzroy's disallowance of Mr. Spain's award, it may be well to notice that the present Governor has recorded his opinion in the clearest terms (Desp. Nov. 19, 1855):—

"Mr. Commissioner Spain was sent to enquire into these claims, and with certain exceptions declared in favour of the New Zealand Company's purchase. His decision was, however, overruled by Governor Fitzroy, who required all lands to be returned to the Natives, except those in which it could be proved that the whole of the owners had been, or were, willing to sell them.

"This just decision, which also proved to be a very politic one, prevented the New Zealand Com- page 36 pany from fulfilling its engagements with the Settlers, and caused great dissatisfaction and in some cases distress." (Parl Pap. July, I860, p. 177.)

Mr. Richmond remarks that my citation in italics (T. Q. p. 17) is not the whole of the sentence? which is quite correct. But it is the whole of that which concerns the people of the Waitara and the present question. The only claimants with whom "Governor Fitzroy had to do, were the persons concerned in the sale of 1840. The people of the Waitara had nothing to do with that sale. (T. Q. p. 19.)

It is also said that "Governor Fitzroy never contemplated and never admitted the assertion of the tribal claim." It is true that nothing is said here about the tribal claim. The reason is, that the question which Governor Fitzroy had to settle, was not a question between individuals and the community, but between residents and absentees.