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[Report of a Supreme Court case on land dealings]
[letter]
The following is a copy of the letter referred to by Mr. Travers in his cross-examination of Mr. Hamlin:—
Napier, 20th Sept., 1869.Edward Green, Esq,
Secretary to the General Government Agent.Sir,
Before entering on the subject I am about to write upon, I would express that I feel a great delicacy in the matter, and would have felt it a great relief had some other person taken the task in hand. But as delays are dangerous, as is inevitable in the present case, I feel it my duty to bring the subject to your notice, hoping at the same time that no reflections will be cast upon me for so doing.
I have now the honor respectfully to bring to your notice the wholesale manner in which lands are being alienated from the natives, under the deceptive cloak of mortgage. Mortgages some time past were entered into for the sake of the protection of merchants for outstanding debts; but a later date, and up to the present time, it has been carried on with a view indirectly to disinherit the natives of their possessions, and also to deprive them of the yearly rents, which they have heretofore been in the habit of receiving.
I must not omit to state that this scheme is not a general thing, but is carried on by one person in particular (Mr. Sutton), who is assisted in so doing by Mr. G. B. Worgan—every one else having set their faces against it. I may add that the barefaced manner in which the trade is carried on is beyond credence. Several natives have come into the town without the slightest idea of treating with their lands; they have been watched in the street by Mr. Sutton (who I need not say had Mr. Worgan within call) the natives decoyed away, introduced, as a rule, first to a glass or two of spirits, then into his shop, where he or she is invited to take an unlimited quantity of goods, at the same time the deed is introduced and requested to be signed, which, considering the state they are in, is not generally refused. I must not forget here to add that some of the most foolish and delusive ideas are put into the natives' heads—some of them have the idea that by forfeiting their respective shares of rent for three years, everything they draw in the shape of goods (for they seldom see money, thus giving about ten shillings in the pound in reality) will be paid off and be ready to re-mortgage; others hold the idea that they will still receive their yearly share of rents, and, by some unaccountable device, their respective debts will be paid off in the space of three years. In some instances some of them do not really know what they have signed away.
To such a pitch has the traffic been carried on, that in one instance I could relate where a native had secured his creditor by mortgaging to him his interests in a certain block of land, and the deed registered, the page 26
native was requested by Mr. Worgan to execute another deed in favour of Mr. Sutton. In this instance the native deserved great praise, as he told Mr. Worgan that he could not split his one hand in two; he had signed one deed, and he would be acting wrong if he signed a second for the same land, and for the same purpose—to which Mr. Worgan in reproachful manner said (alluding to the native interpreter who had been engaged in the former case):—"He rangatira rawa te tangata no hon ma hoki katino mau rawa iakoe ana kupu). Translation: He (the man) is verily your chief (leader or teacher) and you can fully hold his words (you will in future see if he have spoken in truth or otherwise). This has been put into as intelligible English as the imperfect Maori can be rendered. Say the least of this, it is teaching the native to be unprincipled.
I am happy to say in this respect the natives have to the present period behaved in a most creditable manner.
The effects of this iniquitous and baneful traffic has yet to be felt by the province, and I don't think I shall be wrong in saying by the country also. The natives will be made destitute, will consequently resort to stealing and highway robberies, together with all other attending evils—and I fear the ultimate consequences will be infinitely worse—viz., bloodshed, &c. I perceive by a late Act of the Native Lands Act that some alteration has been made with respect to individual grantees dealing with their respective interests, but I fear that, while such an unprincipled mode of dealing has already exhibited itself, a majority of grantees will be easily overcome.
The power given to licensed interpreters to act in such cases is unlimited; unless his own conscience prompts him, he is acting in such a way as will be injurious to the colony. I allude to the wholesale manner in which it has been, and still is carried on. To my certain knowledge deeds are at the present time in the course of preparation for the further transactions of the above nefarious traffic. I would, therefore, bring to your notice the necessity of revoking the license as native interpreter issued to that gentleman, Mr. Worgan, at all events for a time, pending your pleasure to again re-grant it at some future period. If this is not at once done, I fear there will be no redress, or redress will be to late.
I have, &c.,
(Signed) F. E. Hamlin.
The Hon. the Native Minister,
Wellington.
