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An Epitome of Official Documents Relative to Native Affairs and Land Purchases in the North Island of New Zealand

[No. 23.]

No. 23.

Memorial of Auckland Settlers.

Praying that their Land Purchases may not he disturbed.
[Extract from New Zealand Gazette.] Colonial Secretary's Office, Auckland, 30th September, 1846.

His Excellency the Lieutenant-Governor has been pleased to give directions for the publication of the following address and reply, for general information.

By His Excellency's command.

Andrew Sinclair,
Colonial Secretary.

page 14

To His Excellency Geoege Grey, Esquire, Lieutenant-Governor and Commander-in-Chief in and
over the Colony of New Zealand, and its Dependencies.

The memorial of the undersigned inhabitants of Auckland and its vicinity shmveth,—

That your memorialists, in pursuance and under the authority of a Proclamation issued by the late Governor, Captain Eitzroy, on the 10th day of October, 1844, became purchasers of land from the aborigines.

That such lands are now in the possession of your memorialists, many of whom have expended large sums of money, and are even now carrying on improvements on the same.

That your Excellency's decision relative to these purchases, published in the Government Gazette of the 16th of this month of June, has caused your memorialists much surprise, inasmuch as they are not aware of having in any way "evaded the regulations and terms under which the certificates "waiving the Crown's right of pre-emption were issued."

That your memorialists have been still more surprised at the information that your Excellency's decision has been influenced by a belief that your memorialists, are persons referred to in Captain Fitzroy's despatch to Lord Stanley, dated the 14th October, 1844, and published by order of the House of Commons in June, 1845.

That your memorialists are only just now aware of the existence of that despatch, and of the view which your Excellency has taken of the same.

That each of your memorialists takes this the earliest opportunity of most unequivocally declaring that he did not at the time mentioned in the despatch referred to, or indeed at any other time, excite the Natives on the subject of the Crown's right of pre-emption; that he neither subscribed himself, nor-was he aware that any other person ever subscribed, any sum whatever "as a reward for whomsoever should do most towards stirring up and informing the Natives how to act together on this subject;" and, further, each of your memorialists declares that it was not his intention, nor is he aware of such intention having existed on the part of any other person, to agitate in the northern parfcs of the country" during the Governor's absence in the southern, "in order that, on His Excellency's return, he might find the stream of popular feeling too strong to oppose effectually."

Your memorialists trust that this unequivocal denial will, at least as regards themselves, satisfy your Excellency of the groundlessness of the statements contained in the above-mentioned despatch; but, should your Excellency entertain a shadow of a doubt as to the accuracy of your memorialists' declaration, they entreat the institution of such an investigation as may be sufficient to satisfy your Excellency of their truth.

And your memorialists pray that your Excellency, feeling the injustice of dealing with their property on an assumption of the truth of that which is undeniably incorrect, will, in conformity with the Secretary of State's permission, grant to your memorialists that title to their lands, which was promised to those who purchased under the authority of the Proclamation of the 10th October, 1844.

And your memorialists will ever pray.

Daniel Lorrigan.

William Goodfellow.

[And 43 others.]

Reply of His Excellency to the foregoing Memorial.

30th September, 1846.

Gentlemen,—

It is very gratifying to me to receive so distinct a declaration from a portion of the inhabitants of Auckland and its vicinity that they have not at any time excited the Natives upon the subject of the Crown's right of pre-emption; but it is nevertheless my duty to take this opportunity of publicly reiterating the complaints of my predecessor, by stating that, during the period I have administered the Government of this colony, most improper attempts have been made to induce the Natives to dispose of lands (to which, I believe, their title was doubtful) without any reference to the rights of the Crown-and the present and future interests of the inhabitants of this portion of Her Majesty's possessions.

I am fully satisfied that the great majority of the inhabitants of this portion of New Zealand-will in no way connect themselves with proceedings which, looking to the fearful calamities they must eventually entail upon Her Majesty's subjects of both races, cannot but be viewed with horror by the whole civilized world. I request them to lend me every assistance in their power for the-suppression of such attempts, aud they may rely that I, upon nay part, will omit no means within my reach of promoting their prosperity and happiness.

The terms of the Government notice of which the memorialists complain were prepared with great care, and with the advice and consent of my Executive Council. They are in strict conformity with the Instructions of Her Majesty's Government, and I am aware that that notice afforded the most unqualified satisfaction to the vast majority of the Queen's subjects within this territory. My duty will not, therefore, permit me to depart from, or in any way to vary, its terms; and I can give you no further assurance upon this subject than that I will spare no exertion to arrange your claims in such a-manner as to render the greatest amount of substantial justice to the many and conflicting interests involved in them.

To the Gentlemen composing the deputation.

G. Grey,
Governor and Commander-in-Chief.