I have the honor to address you upon a subject which I trust you may find not altogether beneath the consideration of Her Majesty's Government.

I have taken the liberty of laying the whole matter before you in a printed form, that I may be able to make it more clear to yourself, and at the same time be in a position to distribute copies to influential men, and the various newspapers in this country.

The case to which I beg to call your attention, is that of the Ngatiraukawa people, a tribe of Maoris, who, at the time this country was colonized, laid claim to, and were admitted by all to be the masters and owners of all that country, situate in the Province of Wellington, as set forth on the map enclosed herewith, and lying between the Kukutauaki stream—nearly opposite the Island of Kapiti—to the south, and the river Wangaehu, to the north; and I beg leave most respectfully to state that, if you will take the trouble to cost your eye over the following pages, you may find there are good grounds for believing that Her Majesty's Government have, through their Representatives and Agents, most distinctly broken faith with these people. It is on their Behalf I now make this, my "Appeal unto Cæsar," and as the son of the Rev. Henry Williams,—who translated the treaty of Waitangi in 1840, and who "repeated in the Native tongue, sentence by sentence" all Governor Hobson said when he "assured the Natives in the most fervent manner that they might rely implicitly on the good faith of Her Majesty's Government in the transaction," and who afterwards, at the request of Governor Hobson, "fully authorized thereto by Her Majesty's instructions, conveyed to him by Her principal Secretary of State," carried the Treaty to the Native chiefs on both sides of Cook Strait—I venture to pray Her Majesty's Government—should what I am now about to lay before you, be found, after due inquiry to be true—to grant that these people, suffering and complaining, at the same time peaceful and forbearing, may have extended to them that which they were promised when they signed the Treaty in 1840, viz., Her Majesty's Royal protection; and to order in their case—in accordance with instructions sent out by the Earl of Derby (then Lord Stanley) when Secretary of State for the Colonies, to Governor Sir G. Grey, in a despatch dated 13th June, 1845,—"an honorable and scrupulous fulfilment of the conditions of the Treaty of Waitangi."

I will now, with your permission, proceed to show that the Ngatiraukawa tribe were the undisputed masters and owners, at the time the Treaty was entered into, of all that country lying between the Kukutauaki stream to the south, and the Wangaehu river to the north, as set forth on the map enclosed; and also to point out to you the manner in which their rights have been dealt with by the Government of this country.

I have the honor to state that, when the claims of the dissentients of the Ngatiraukawa tribe to the purchase of that portion of the country known as the "Rangitikei-Manawatu Block," were heard in the Native Lands Court at Otaki in March and April, 1868, before Judges Smith, Rogan, and White, I acted as agent for the Natives, the Hon. Mr. Fox, the late Premier, appearing on behalf of the Crown; that I then had an opportunity afforded me of going fully into the case, and that I have lately received letter's from many of these Natives, requesting me to try and do something for them.^* Besides the writers of these letters, there are many others who have had their land taken from them.

I have the honor to state that prior to the first invasion of this country by Te Rauparaha, and the Ngapuhi chief Tamati Waka (evidence respecting which I intend to lay before you), that country, since occupied by the Ngatiraukawa tribe, was in possession of three tribes,—the Ngatiapa, the Rangitane, and the Muaupoko; the Ngatiapa tribe occupying from the River Wangaehu towards the Manawatu and Oroua rivers—their principal place of residence being on the banks of the Rangitikei river; the Rangitane living on the banks of the Manawatu and Oroua rivers; and the Muaupoko occupying the country south of the Manawatu river—their favorite places of residence being around the Horowhenua and Papaetonga lakes. That these three tribes were almost exterminated before the arrival of the main body of the Ngatiraukawa tribe; that the Ngatitoa, Ngatiawa, and a section of the Ngatiraukawa tribe were constantly hunting them down and slaying them, with the exception of a number of the Ngatiapa tribe, whom Pikinga, a slave wife of Rangihaeata, had been allowed to bring down from Rangitikei, and who were living as slaves with Rangihaeata and Matene Te Whiwhi, at and near to the island of Kapiti. That Te Rauparaha, who was closely related to Te Whatanui, the principal chief of Ngatiraukawa, invited that tribe to come down from Maungatautari, Patetere, and other parts of the Province of Auckland, and occupy a portion of the territory he had conquered, and that he afterwards formally handed over to them all that country lying between the Wangaehu river to the north, and the Kukutauaki stream to the south That when Te Whatanui arrived with the main body of his people, he sent to

^* See Appendix, p. 155, et seq.

page 7 the remnants of the three tribes, and told them to come out and settle among his people; that their lives would be spared. They then settled down among, and under the protection of the Ngatiraukawa, but in a state of complete subjection. That Te Rauparaha wished them to be utterly exterminated—more especially the Muaupoko, some of whom were killed by his people after they had settled down among the Ngatiraukawa. That after some time had elapsed, the members of these tribes were invited by the Ngatiawa tribe to a feast at Wainui, near to the Waikanae river; that Te Whatanui advised them to remain at their homes, under his protection; that, thinking a compliment was being paid to them, they, to the number of one hundred and fifty, principally Rangitane, attended the feast, and were all [unclear: ordered,] clearly showing that had it not been for the protection of the powerful Ngatiraukawa tribe, they would all have been exterminated, or have had to flee the district. The proof of this I will endeavor to lay before you in the the sequel.

I beg to call your attention to the map of the country attached, and to point out to you that that portion lying between the Rangitikei and Wangaehu rivers, amounting to 250,000 acres, was formerly restored to Ngatiapa by the Ngatiraukawa, in the presence of Mr. McLean, the then Land Purchase Commissioner, in 1848. That McLean, in 1849, purchased the Rangitikei block from Ngatiapa. The land lying between Turakma and Whangaehu rivers being then set apart with other smaller portions on the Rangitikei block, as sufficient reserves for the Ngatiapa tribe.

I would also beg to call your attention to the block called the Ahuoturanga or Upper Manawatu block, and to state that this large block of 250,000 acres of land was formally restored to the Rangitane tribe in 1858, by the Ngatiraukawa tribe, the western boundary being afterwards fixed by the latter—that this block was since purchased from the Rangitane tribe by Dr. Featherston, Superintendent of Wellington, and Land Purchase Commissioner.

That these two large blocks consisting mostly of fine country, amounting to 500,000 acres were quietly restored to the original possessors,—the Ngatiapa and Rangitane tribes—by their old masters, the Ngatiraukawa, the latter, the far more powerful and numerous tribe, retaining for themselves the country lying between the Ahuoturanga block and Rangitikei rivers, also the country between the Manawatu river and the Kukutauaki stream, amounting altogether (after excluding the mountainous country which comes down very close to the sea coast on this latter block) to about 425,000 acres. That out of this latter block the Ngatiraukawa had already set apart for the Muaupoko a portion of country far more than sufficient for their use and occupation, near the lake page 8 Horowhenua, as set forth on the map and marked No. 1. That members of the Ngatitoa tribe have also claims to parts of the land lying between the river Otaki and the Kukutauaki stream. I also beg to state that the Ngatiapa have or had claims to the country inland of the Rangitikei block, and the reserve lying between the Wangaehu and Turakina rivers, and that the Rangitane have also claims to the country on the other side of the Tararea range. Thus the Ngatiraukawa, besides protecting these people in former years, restored to the Rangitane and Ngatiapa 500,000 acres over and above any other country to which they might be able to establish a claim. Thai Ngatiraukawa the more powerful and conquering tribe, and who numbered more than four times as many as the Ngatiapa and Rangitane together, reserving to themselves about 425,000 acres, out of which had to be deducted the portion allotted to the Muaupoko, and any land to which the Ngatitoa could establish a claim between the Otaki river and Kukutauaki stream.

I beg to call your attention to the block on the north bank, and near the mouth of the Manawatu river, marked the Awahou Block, and to state that this block was sold to the Government, in 1858, by the Ngatiraukawa tribe, they fixing the boundaries of the block themselves.

I beg to call your attention to the block named the Manawatu-Rangitikei Block—being part of the country retained by Ngatiraukawa for the tribe—and I beg to state that when the Native Lands Act was passed in 1862, this block with other land belonging to the Ngatiraukawa was excepted from that Act. That in 1863, a quarrel arose between the Ngatiapa and the Ngatiraukawa and Rangitane tribes, owing to the old Ngatiraukawa chief, Nepia Taratoa, having allowed the Ngatiapa and Rangitane to join in some of the illegal leases granted over portions of the block to the settlers (though in soma of the leases they were not allowed to join). That after many months' delay Mr. Fox's Government sent—to investigate the respective claims of the tribes—Dr. Featherston, the Superintendent of the Province, who had previously secured the appointment of Land Purchase Commissioner, and who. Shortly before, had informed his Provincial Council that he was not without hopes that he would soon be able to purchase the block," as already serious disputes had arisen between the tribes resident in the district as to which tribe was entitled to receive the rents of the runs leased to Europeans." That in Dr. Featherston's "Memorandum for Mr. Fox," written after his visit to the natives, dated 18th February, 1864, he states, that the Ngatiraukawa tribe wished the matter to be settled by arbitration. That the Ngatiapa objected, but handed over the whole block to himself for sale to the Crown. He adds, that he believes "the sale of the block presents the easiest, perhaps the only possible solution of the dispute"; and that "it would be well worth the while of the Province to buy up their interests."

I beg to state that whilst the negotiations for the purchase of this block were pending,—the cession of the whole of which to the Crown, Dr. Featherston declared to be the "only means of preventing bloodshed and an inter-tribal war,"—Dr. Featherston accompanied General Chute in his expedition up the West Coast, taking with him the Ngatiapa and their allies, when they were supplied with a large quantity of rifles and ammunition. That Ngatiraukawa, in 1855, petitioned the Assembly to have the restrictions removed from the Native Lands Act, in order that their lands might be brought under the operation of the Act, but that their prayer was not granted. That before the purchase money was paid for this block, the Ngatiraukawa sent several petitions on the Governor and the Assembly, praying that Dr. Featherston should not be allowed to purchase their land from other tribes, and that their title might be investigated before any purchase was made, but that little or no notice was taken of their petitions.

As I have already stated, the Rangitikei block, on the north side of this bock, was purchased from the Ngatiapa tribe alone—and the Ahuoturanga block, on the other side, was purchased from the Rangitane tribe alone—and also the Awahou block, at one end of the block, was purchased from the Ngatiraukawa tribe—and I would now call your particular attention to the fact that Dr. Featherston purchased this, the centre block, paying down £25,000 for it at Parewanui, the Ngatiapa pa, on the 14th December, 1866, to some eight tribes; when, according to a report in the Advertiser—a news- paper published in Wellington—"The principal, if not the real, owners of land, the Ngatiraukawa, were conspicuous by their absence."^* That though seventeen hundred natives signed the purchase deed, only a section of the Ngatiraukawa joined in the sale, several of whom, including the chief Ihakara Tukumaru, had no land of their own in that particular block; another chief, Horomona Toremi, selling because he had quarrelled with his people—others again, joining in the sale because they were (hoha) weary of the whole question. That the land was then purchased from Lilies having no right to it; that being, as Dr. Featherston says in his report, the only means of avoiding bloodshed and an inter-tribal war," such selling tribes having been previously supplied with Government rifles and ammunition. That, from the time when the Ngatiraukawa tribe first occupied this country, until they handed over the land to the north of the Rangitikei river to the Ngatiapa tribe, there was no boundary between the respective possessions of the two tribes; that the same was the case with the Ahuoturanga block and the Rangitane tribe—a state of things which only existed when one was the dominant tribe, and the others (pahi) lived in subjection to them. That

^* See Appendix, page 97.

page 10 though this block had many years since—at the time of the conquest—been divided (as Mr. Searancke states in his report, at page 59 of the Appendix,) amongst the various hapus of Ngatiraukawa, the other tribes merely laid claim to the whole. That though seven hapus of Ngatiraukawa resided upon block, and other hapus also had claims to certain portions, which they often visited, and exercised rights of ownership, no members of any other tribes (with the exception of a few Rangitanes) resided upon the block. That though seven of the eight tribes who joined in the sale to Dr. Featherston were in favor of the sale—some even insisting upon it—many hundreds of the Ngatiraukawa tribe opposed the sale throughout. That though the sellers simply signed a deed purporting to convey the whole block to the Crown, the non-sellers were called upon to prove in Court their right to the particular portion which they claimed.

I beg to state that after (as the Hon. J. C. Richmond, then Native Minister, says in his memorandum, subjoined, forwarded with petitions from Parakaia and others, by Sir George Grey to Her Majesty's Government) "allowing considerable delay in winding up the transaction, that as many as possible of the non-contents may come in,"—after several had signed having been told "all the tribes have met together, and sold the whole block to the Queen, whether you take the money or not the land is gone,"—after, as the Wanganui Chronicle of 18th July, 1867, says, "one can easily understand what sort of negotiations would go on during all these years. A deed of cession was carried round among the Natives, and every kind of persuasion used to induce them to sign it. Time after time it made its appearance, and naturally enough 'the sickness of hope deferred'—the unlikelihood of any investigation into title being obtained—broke down the resolution of numbers of those who felt that an injustice was being done them,"—the General Assembly introduced a clause into the Native Lands Act, allowing the claims of the Ngatiraukawa dissentients to the sale of the Manawatu-Rangitikei block to be heard in the Land Court. That when the claim of Parakaia and others to that portion of the block next to the Awahou block, and named Himatangi, was heard at Otaki, in 1868, the Court gave judgment :—That the Ngatiapa-Rangitane, weakened by the Ngatitoa invasion, under Te Rauparaha, were compelled to share their territory with his principal allies, the Ngatiraukawa, and to acquiesce in a joint ownership."^* Such ruling, admitting it to be the correct one, should, looking to the numerical strength of the tribes, have entitled the Ngatiraukawa, not only to the whole of the Manawatu-Rangitikei block, but also to large portions of the Rangitikei and Ahuoturanga blocks; but these two last mentioned blocks had

^* See Appendix, p. 114.

page 11 been previously handed over to Ngatiapa and Rangitane by Ngatiraukawa, and by them sold to Government, and the Government had already paid £5000 for the block, the title to which was under consideration. The Court further gave judgment :—"Our decision on this question of tribal title is that Ngatiraukawa and the original owners possessed equal interests in, and rights over, the land in question, at the time when the negotiations for the cession to the Crown of the Rangitikei-Manawatu block were entered upon. The tribal interests of Ngatiraukawa, we consider, vested in the section of the tribe which has been in actual occupation, to the exclusion of all others." By this latter clause, many members of the tribe who owned land in the block here thrown out. As I considered the judgment of the Court was entirely wrong, I withdrew from the Court; at the same time, I wrote to the Government, stating that I did not intend again to appear in Court on behalf of the claimants; but at the request of the natives I asked for a re-hearing of their claim, which was refused.

After many months' delay, a re-hearing of the claims of other dissentients to the purchase was granted in 1869, in Wellington, before Chief Judge Fenton and Judge Maning—Mr. Travers, solicitor, acting as counsel for the claimants,—when the Court gave judgment that Ngatiraukawa "had not by virtue of the conquest of Ngatiapa by themselves or others through whom they claimed acquired the dominion over the land in question,"^* concluding its judgement as follows :—"And the Court finds also that the Ngatiraukawa tribe has not, as a tribe, acquired any right, title, interest, or authority, in or over the block of land which has been the subject of this investigation." The tribe, by this judgment (to which I propose again to allude), with the exception of some small reserves set apart for the resident Ngatiraukawa (the only residents on the block being members of that tribe), losing 250,000 acres of their country, which has, by Proclamation in the Government Gazette, Been declared to be the property of the Crown, and since re-sold by the Wellington Provincial Government. This block—added to the Rangitikei and Ahuoturanga blocks, restored by Ngatiraukawa to the original possessors, and the Awahou block sold to Government by the Ngatiraukawa—making 789000 acres lost to Ngatiraukawa, only 39,000 acres of which were sold by the tribe.

I beg to state that, the Ngatiraukawa were never driven away, as has been stated, from the homes of their fathers in the Auckland Province, many members of the tribe having remained there throughout after the migration. That by a judgment given by the Native Lands Court at Cambridge, in Waikato,^† all members of the tribe who migrated to

^* See Appendix, p. 119.

^† See Appendix, p. 132.

page 12 Cook Strait are excluded from participating in the ownership of the lands of their fathers (the greater portion of such land having been taken possession of by one tribe after they left it; taken from that tribe again and occupied by another)—the Court considering "that a tribe having conquered, and having undisputed possession of a district for many years previous to the foundations of the Colony, and up to the present time, are, according to Native custom and justice, entitled to be recognized as the proprietors of the land." That their land is also taken from them in Cook Strait, because—though "having conquered and having undisputed possession of the district for many years previous to the foundation of the Colony"—the Judges of the Native Lands Court had discovered a flaw in their title. I, myself, heard Chief Judge Fenton say in Court, "These men (the Ngatiraukawa) had a perfect right to kill these people, and eat them too if they liked, but they did not do so; they are men; they are still alive." He afterwards said to Mr. Travers, the counsel for the Natives, "The fact is, Mr. Travers, it appears to me the flaw in your clients, title is that they did not kill and eat all these people." The Ngatiraukawa losing this land, under Queen Victoria's rule, because, when savages, they were merciful to the prostrate, and protected them against Te Rauparaha and others whose wish was to have destroyed them all; whereas, had they allowed Te Rauparaha to have his will, neither the Government nor the Lands Court would have had any excuse for depriving them of their lands.

The question, therefore, naturally suggests itself, where was the land which "the Queen of England confirmed and guaranteed the full, exclusive, and undisturbed possession of" in 1840 to the Ngatiraukawa tribe? "so long as they might wish and desire to retain the same in their possession—the tribe of whom Mr. H. T. Kemp, Native Secretary, in his report written in 1850, and which appears at page 44 of the Appendix, says, "The Ngatiraukawa, who came originally from Maungatautari, is the most powerful tribe in Cook Strait." If the Rangitikei-Manawatu block was a portion of such land, its having been purchased by Dr. Featherston, General Government Land Purchase Commissioner, from eight tribes, in defiance of the openly expressed "wish" of the Ngatiraukawa tribe to retain the same in their possession that they might deal with it as they pleased, must be admitted to have been a distinct breach of Her Majesty's Treaty of Waitangi.

I beg to call your attention to the smaller piece of land lying between the Oroua river and the Ahuoturanga block, being a portion of the country reserved by the Ngatiraukawa for themselves. Respecting this block, I am informed that Ngatiraukawa, since the judgment given by the Native Lands Court on the Manawatu-Rangitikei block, after submitting to much insolence from Hunis Te Hakeke, chief of Ngatiapa, agreed to a division—to Ngatiapa, about seven page 13 thousand acres; to Rangitane, about four thousand acres; and to Ngatiraukawa, about seven thousand acres.

I beg to call your attention to the block of land by the Horowhenua lake, and marked "Horowhenua Block" on the plan; and I beg to state that the portion of that block marked No. 1, was the land given to the remnants of the Muaupoko tribe by Te Whatanui and the chiefs of Ngatiraukawa, many years since; that the boundaries were then fixed. That the Muaupoko were perfectly content till, after the judgment given on the Manawatu-Rangitikei block Hunia Te Hakeke and Major Kemp (an aboriginal native, and a major in the Colonial Army) went, on more than one occasion, to Horowhenua, armed Government rifles and ammunition, and, in 1871, built a fighting [unclear: himanchal] as a challenge to Ngatiraukawa, behaving in the most insulting manner,—burning down some of the houses of the Ngatiraukawa people, and ill-treating an old woman, dragging her forcibly out of her house before burning it,—and rooting up and and destroying their crops. That Ngatiraukawa requested the Government to have these men taken up and punished, but that nothing whatever was done in the matter. I beg to state that Hunia and Major Kemp then laid claim on behalf of five tribes to the whole country left in the hands of the Ngatiraukawa. That when the Court, after long delay, sat at Foxton to investigate investigate the title, Kemp and Hunia were with difficulty induced to come into Court, they saying that they would prefer to fight. That the Court gave judgement on the 4th March, 1873, that Ngatiraukawa (with Ngatitoa and Ngatiawa who were admitted by Ngatiraukawa) had acquired rights with certain exceptions over the block lying between the Manawatu river to the north, and the Kukutauaki stream to the south. "That such rights were not acquired by conquest, but by occupation with the acquiescence of the original owners." That the Court subsequently gave to Muaupoko, headed by Hunia and Major Kemp, the Horowhenua block of 52,000 acres, as set forth in the plan; giving them land (the two portions marked on the plan, and numbered 2 and 3) belonging to three hapus, or sub-divisions of Ngatiraukawa, who had been in undisturbed possession for upwards of forty years, and which included land of the descendants of Te Whatanui, the man who saved these people from utter extermination; one hundred acres being awarded "to his representative."

The remnants of the original possessors, who were saved by the Ngatiraukawa tribe, having thus been enabled, armed with Government rifles and ammunition, and with the assistance of the Government and the Judges of the Native Lands Court (over and above the two large blocks quietly restored to them by Ngatiraukawa amounting to 500,000 acres, and the portion of land given by Te Whatanui to Muaupoko), to re-conquer under the Queen's flag from page 14 Ngatiraukawa—first, the Manawatu-Rangitikei block, amounting to 250,000 acres secondly, those portions of the Horowhenua block, marked Nos. 2 and 3 on the plan; also, some 11,000 acres of the laud between the Oroua river and the Ahuoturanga block—lands which had been in "undisputed possession" of the tribe "for many year's previous to the foundation of the Colony;" and the "full, exclusive, and undisturbed possession" of which they had been led to believe was "confirmed and guaranteed' to them by the Queen of England when they signed the Treaty in 1840. This causing the original inhabitants, who were unable to occupy their country before the arrival of the Ngatiraukawa tribe to be much elated, and the latter tribe, who protected and saved them, to be equally depressed.

The Ngatiraukawa thus losing all their country with the exception of those two portions lying between the Manawatu river and the Horowhenua block, and between that block and the Kukutauaki stream,—on which land the mountains come very close down to the coast, leaving only a narrow belt of level country between the hills and the sea beach, large portions of which consist of swamps and sand hills. The country, which Mr. McLean says in a Despatch at page 46 of the Appendix, written in 1850,—"appears more peculiarly adapted for a Native reserve than for the purposes of English colonization." The Ngatitoa tribe also having claims on that part of the land lying between the Otaki river and the Kukutauaki stream.

That you may understand the position that has been taken up by the Ngatiraukawa tribe, I may quote an extract from an article in the Evening Post, a newspaper published in Wellington, of date, 5th June, 1873^*:—"Now, with all deference to the superior knowledge of our official contemporary, this statement is hardly correct. In the first place, the Ngatiraukawa were never desirous of asserting their rights by force of arms. It is a well-known fact to every settler on the West Coast that they invariably behaved towards their blustering opponents with the greatest moderation and calmness, and always evinced an earnest desire to have the dispute settled amicably by arbitration Even when Kemp's party, presuming upon their forbearance, proceeded to open violence and burned down one of their houses at Horowhenua (nearly smothering a feeble old woman in it), they never for a moment abandoned the cool and dignified position which they had taken up. And this was by no means the effect of fear, for they had numerous allies in different parts of the island only awaiting their summons to rush to their assistance."

I now beg to call your attention to the following extract from a memorandum by Ministers, forwarded by Sir G. Grey to Her Majesty's Government dated Wellington, 17th April, 1867, and signed E. W. Stafford :—"the

^* See Appendix, p. 151.

page 15 Crown of Great Britain has contracted sacred obligations in respect of that (the [unclear: original]) race, on the faith of which it assumed the possession of the country—obligation which no sophistry can annul, and which cannot, according to any standard of morality, be transferred to other persons. The Imperial Government has now altogether relinquished to the Colonial Government the fulfilment of these obligations." And I beg respectfully to submit for your consideration : Whether the Colonial Government have or have not, in their dealings with the loyal and peaceable Ngatiraukawa tribe, members of such aboriginal race,—in so far as their rights with respect to their lands are concerned—fulfilled those "sacred obligations."

I have the honor to state, that Mr. W. T. L. Travers, a barrister of the Supreme Court, acted as counsel for the Ngatiraukawa natives, when their claims to the Rangitikei-Manawatu Block were re-heard in Wellington, in 1869, before Chief Judge Fenton, and Judge Mailing. That Mr. Travers has written a memoir of Te Rauparaha, entitled "Some Chapters in the Life and Times of Te Rauparaha, chief of Ngatitoa." (Read before the Wellington Philosophical Society.) I take the liberty of forwarding herewith two copies of Mr. Travers' memoir, extracts from which—being those portions bearing more particularly upon the matter in hand—appear in the Appendix, pages, 20 to 35. Although Mr. Travers may not be correct in every particular, his story gives a very fair idea of the manner in which tribes from the north invaded and took possession of this part of the Northern Island, down as far as Wellington, with a large portion of the Middle Islands; driving out, or exterminating the greater number of the original inhabitants, and reducing the remainder to state of a complete subjection.

Mr. Travers tells how Te Rauparaha, with Tamati Waka Nene (since known as the loyal chief of Ngapuhi in the north), first of all invaded this country, in 1817, destroying great numbers of the inhabitants. That Te Rauparaha then, with the advice of Tamati Waka determined to return and take permanent possession of the country. That, upon his arrival at his home at Kawhia, he collected his tribe together, and with a large body of the Ngatiawa tribe from Taranaki, again came down to the island of Kapiti and the main land in its vicinity. How, in revenge for the murder of a number of his people by the Muaupoko tribe (he himself, very narrowly escaping), he proceeded to destroy great numbers of that tribe and the Rangitane—how a great number of his people were killed at Waikanae, during the night, by the Ngatiapa, Rangitane, and Muaupoko tribes, in revenge for their losses. How, "in consequence of this attack, Rauparaha and Rangihaeata, became (to use the words of Matene Te Whiwhi) 'dark in their hearts with regard to Ngatiapa,' and resolved to spare no efforts to page 16 destroy them, as well as the remnants of Rangitane and Muaupoko,"—how all the tribes inhabiting the southern parts of the Northern Island with a number of men from the Middle Island, assembled together, and attacked Te Rauparaha, at Wairoua, on the island of Kapiti, with the intention of destroying him and his people; how they were repulsed with great slaughter. That Te Rauparaha and his people then proceeded to destroy the Ngatiapa, Muaupoko, and Rangitane, without mercy. He states,^* "it would be useless for me to give anything like a detailed account of the incursions of the Ngatitoa into the country on the main land, often extending as far as Turakina, in which numbers of the original inhabitants were either killed and eaten, or reduced to slavery; but it is perfectly clear that their power was completely broken, and that after Waiorua, Ngatitoa and their allies found no enemy capable of checking their movement."

Mr. Travers states that before Te Rauparaha left the ancient possessions of his tribe at Kawhia, for the purpose of settling at Kapiti, and upon the main land in its vicinity, he took the necessary steps to "enlist the sympathies and assistance of his relations at Maungatautari and elsewhere."^† That "during a visit he paid for this purpose to the Ngatiraukawa, he found their great chief, Hape Taurangi, in a dying state, and the circumstances which then occurred contributed greatly to the ultimate success of his designs." Further on, he states—"The whole tribe acknowledged him as their leader; a position which he occupied to his dying day." Again—"The influence he had obtained, however, materially aided him in ultimately inducing a large number of the tribe to join him in the conquest and settlement of the territory of the Ngatiapa, Rangitane, and Muaupoko." At page 26, he states—"Te Rauparaha had of course become aware of the defeat of Whatanui and the Ngatiraukawa, in their attempt to reach Kapiti by the East Coast; immediately after the departure of the Ngatiawa he had sent emissaries to Taupo, in order again to urge upon the chiefs to join him in the occupation of the country he had conquered." At page 28, he states that Puaha, a Ngatiawa chief, with a section of Ngatiraukawa, joined Te Rauparaha; that Te Ahu Karamu, a Ngatiraukawa chief, joined him shortly after the battle Waiorua, with 120 men of his own immediate following, and then took part in many of the raids upon the original tribes which occurred after that event That Te Whatanui, the principal chief of Ngatiraukawa, afterwards paid a visit to Te Rauparaha, in company with Te Heuheu, and the former after a long conference with the Ngatitoa chieftains, was "at last persuaded to bring down his people." At page 30, he states that Waitohi, a sister of Te Rauparaha suggested "that the Ngatiawa should all remove to Waikanae, and should

^* See Appendix, page 28.

^† See Appendix, page 22.

page 17 occupy the land to the south of the Kukutauaki stream, whilst the country from the north bank of that stream as far as the Wangaehu river, should be given up to the Ngatiraukawa'" and that "this suggestion was adopted by all parties." At page 31, he states,—"in about a year after the visit of Whatanui with Te Heuheu, the former returned to Kapiti with the main body of his tribe, this migration being known as the heke mairaro or 'heke from below,' the north point being always treated by the Maoris as downward. From that time fourth for some years, parties of the same tribe constantly recruited their countrymen on their settlements on the Manawatu, gradually extending their occupation over the whole country between Otaki and Rangitikei, although their chief stations were in the Horowhenua and Ohau districts; whilst the Ngatiapa, under the protection of Rangihaeata and Taratoa, occupied some country on the north of the Rangitikei, yielding tribute to both of these chiefs as a condition of their being left in peace."

Mr. Travers states at page 31,—"Rauparaha having thus completed his design of conquering the Middle Island, next turned his attention, at the finest request of the Ngatiraukawa, to avenging a defeat which the latter had sustained some time previously at the hands of the tribes occupying the [unclear: line] of the Wanganui river. In this defeat only a few of the chiefs had escaped the general slaughter, amongst whom were Te Puke and his younger brother Te Ao, both of whom succeeded in making their way to Kapiti. In consequence of this resolution, a war party, numbering nearly a thousand fighting men, under the most distinguished chiefs of the three tribes then united under the general leadership of Te Rauparaha, was despatched to by seige to Putikiwaranui, a great pa of the Wanganuis, which was occupied and defended by nearly double the number of the attacking force. The seige lasted nearly two mouths, during which many sorties were made, but the beseigers maintained their ground, and ultimately carried the enemies works by assault, slaughtering an immense number of them. Turoa and Hori Te Anaua (lately Known as Hori Kingi) the head chief, however escaped, but the fact that no attempt was ever made to avenge this serious disaster, is of itself the strongest evidence of the power of Te Rauparaha and his allies, and of the absurdity of supposing that his occupation of the country he had conquered could for a moment have been disturbed by the remnant of the Ngatiapa, Rangitane, and Muaupoko tribes, which had still escaped the general destruction of their people." Mr. Wakefield also mentions this defeat, and in extracts from his work,^* says,—Every family there at the present day, bears the hope and desire of revenge." He also says, speaking of the land about Cook Strait,—"The country had been conquered about fourteen years before by the Kawhia tribe. They had

^* See Appendix, page 15.

page 18 almost exterminated the Muaupoko, Rangitane, and Ngatiapa, who were the original occupiers." Further on he says,—"Te Rauparaha now sought and obtained assistance from the Ngatiraukawa," and he "then proceeded with their assistance to crush the remains of the aboriginal tribes."

As showing the strong position of the Ngatiraukawa tribe in those days, I would call your attention to the account given by Mr. Travers (in the extracts at page 32) of the fighting at Horowhenua, between the Ngatiraukawa and the numerous Ngatiawa tribe. He says, "the forces engaged on each side were numerous and well armed, the result being that large numbers were killed on both sides;" that Te Rauparaha being anxious to bring matters to a conclusion sent messengers to Te Heuheu for assistance, when that chief, "accompanied by other chiefs of note from Maungatautari and Taupo," came to the assistance of Te Rauparaha and Ngatiraukawa "with nearly 800 well around fighting men."

I would call your attention to extracts from a letter from Sub-Protector George Clarke, junr., to Chief Protector of Aborigines, dated Wellington, 14th June, 1843.^* Mr. Clarke speaks of the Ngatitoa having "over-ran the country on each side of Cook Strait; driving out, or exterminating the original inhabitants," of the Ngatiawa "assisting in the destruction of the original inhabitants from Manawatu to Port Nicholson, and are able to muster from 4000 to 5000 individuals;" of the Ngatiraukawa, he says, "The Ngatiraukawa migrated about eleven years ago in a large body from Maungatautari, in the Waikato district, through the invitation of Te Rauparaha, and completed the conquest of the country from Wangaehu to Otaki, completely annihilating the original tribes that Te Rauparaha had not reduced to subjection. In consequence of the intrigues of Te Rauparaha, they were involved in a war with the Ngatiawa tribe. They are a powerful and warlike tribe, and have always remained the faithful allies and supporters of Te Rauparaha." And though Mr. Clarke is wrong in saying that the original tribes were completely annihilated by the Ngatiraukawa, such a statement coming from the Sub-Protector of Aborigines, shows how entirely the original owners of this land were lost to view, even three years after the colonization of the country, and that they were certainly not the possessore of the country in 1840. Mr. C. H. Kettle, gives somewhat similar evidence before a select committee of the House of Commons, 20th June, 1844, extracts from which appear at page 13 of the Appendix. I would also call your attention to a statement from Ngatitoa chiefs, which appears at page 35 of the Appendix, giving an account of the manner in which they, with the Ngatiawa, conquered this country, and of their having given the whole country from Otaki to Wangaehu,

^* See Appendix, page 13.

page 19 to Ngatiraukawa. Also, to a statement from Wi Tamihana Te Neke, a Ngatiawa chief.^* Mr. J. C. Richmond, in a memorandum subjoined, and which was forwarded by Sir G. Grey, to Her Majesty's Government, in 1867, says,—"An (landing tribe, the Ngatiraukawa, took possession, in about 1830, of a large tract of country, between Wanganui and Wellington, driving out the tribes which before inhabited it. After some years of slaughter and violence, the spelled tribes, the Ngatiapa and Rangitane, were suffered by the conquerors to return. They came back as slaves, but gradually resumed more and more of equality with the conquerors." The Wellington Evening Post, in an article which appears at page 144 of the Appendix, says,—"The tribes from the North pared down upon Cook Strait, killed many of the ancient inhabitants, and suffered the wretched remainder to live in a state virtually amounting to serfdom."

Mr. Travers, in his memoir, also gives an account of the conquest by Te Rauparaha and his allies, of the Middle Island. The Ngatiawa and Ngatiraukawa tribes, also invaded the country of the Ngatikahungunu tribe in Wairarapa and Hawke's Bay, in revenge for losses they had formerly sustained, when that Bribe fled to Nukutaurua, north of Hawke's Bay. Mr. Sub-Protector Clarke alludes to this in his letter at page 14 of the Appendix. Mr. Native Secretary Kemp, also mentions it in extracts from his report, at page 45.

Archdeacon Hadfield (now Bishop of Wellington) in a letter which appears at page 100 of the Appendix, says,—"Ngatiraukawa were then (1839) in undisputed possession of the district. The previous owners, Ngatiapa, had been conquered by them (Ngatiraukawa), and were held in a state of subjection;some being actually in slavery at Otaki and Kapiti, others resided on the land as serfs employed in pig hunting, and such like occupations. They had ceased to be a tribe. They had no organization, no rights. Even that portion of the tribe which lived between Rangitikei and Wanganui was in a state of degradation. It was without mana." Mr. Wakefield mentions what occurred on the occasion of one of his visits to Rangitikei, he says,—"I observed the bushy leads of two natives, stealing a look at our proceedings from behind a low fern-covered ridge on the opposite bank. They disappeared immediately on my shouting to them. They were of the Ngatiapa tribe, but they had feared to cross over, thinking that we were a party of the Ngatiraukawa, to whom this pa belonged, and some of whom they described to be little scrupulous in plundering or tyrranizing over the remnant of the aboriginal tribe under very slight pretext." Further on, he says,—" a trading boat from Cloudy Bay to Wanganui had been wrecked near Rangitikei, and the crew had been drowned, including a Ngatiraukawa chief, named Koraria,

^* See Appendix, page 38.

page 20 who was a passenger. In consequence of some outrages committed on the body by the Ngatiapa natives, a party of the Ngatiraukawa had made an excursion across that river, had killed 100 pigs, and had taken the wife of Hakeke, the Ngatiapa chief, as a slave. But they had, moreover, tapued the beach between Otaki and Rangitikei; thus preventing the passage of native or white man, in either direction, for a considerable space of time."^* This occured some time after 1840.

"Thursday, 24th October. On looking at the accompanying map of those parts of the two islands bordering on Cook Strait, in which I have thus acquired possessions for the Company, and extending from the 38th to the 43rd degree of latitude on the western coast, and from the 41st to the 43rd on the eastern, you will readily conceive that I have not obtained a title to all the land included within those parallels. It is necessary, in order properly to appreciate the extent and value of the purchase, to know the different possessors and claimants of the above territory. The whole extent is owned by the Kafia, the Ngatiawa, the Ngatirocowa, and the Wanganui tribes. An immense portion on the southern island is uninhabited; but having been conquered by the Kafia people, is acknowledged to be theirs. Queen Charlotte's Sound and Wanganui, near Cape Farewell, are occupied by the Ngatiawas. On the northern island, within the above-named boundaries, the Kafia tribe has but few possessions; whilst the Ngatiawas possess and inhabit Port Nicholson, Waikanae, and other small portions. The Ngatiawa^† occupy the district of Otaki—between Waikanae and Wanganui; and the last mentioned district is occupied by a numerous tribe of the same name.

In order, therefore, to complete the rights of the Company to all the land unsold to foreigners in the above extensive district, it remains for me to secure the cession of their rights in it from the Ngatiawas, and in a proportionally small tract from the Ngatirocowas and Wanganui people. As to the Ngatirocowa district, time will not allow me to treat with its actual possessors, even if the war in which they are engaged, and their unsettled state, permitted them to pay attention to the subject. The Kafia tribe has the same claim to that part of the country also, which it had to Port Nicholson

^* See Appendix, page 16.

^† Evidently a misprint for Ngatirocowa.

page 21 and Queen Charlotte's Sound, and this claim I have, by to day's purchase, tired. I do not, however, lay much stress on the possession of claims on land which a numerous tribe holds by the strong title of occupancy."

As following the above, I may state that Colonel Wakefield sent a Mr. Amos Burr to make enquiry as to what tribe or tribes the country belonged between the Horowhenua lake and the Rangitikei river; that upon his return [unclear: purchase] Wellington, Mr. Burr wrote to Mr. Wakefield, stating that if he wished to purchase that land he would have to purchase it from Ngatiraukawa, as it belonged to that tribe. That in Mr. Commissioner Spain's report—written in 1843—upon a certain alleged purchase of that country, he says,—"Burr further states that the lands alleged to have been transferred on that occasion, were comprised within lines drawn due east to the hills, from the mouths of the rivers Rangitikei and Horowhenua." That the only question Mr. Spain was called upon to decide, was, whether the Ngatiraukawa tribe had, or had out, sold the land. No mention was made of either the Ngatiapa, Rangitane, [unclear: are] Muaupoko.

In addition to the above, a large amount of evidence can be brought forward as show the strong position of the three tribes, namely, the Ngatitoa, the Ngatiawa, and the Ngatiraukawa, who were in possession of the land on both sides of Cook Strait at the time when this country was colonized, and who had been able to conquer the greater portion of the Middle Island—to defeat the Wanganuis, taking their principal pa, Putikiwaranui, a defeat which the Wanganui tribes never even attempted to avenge—also to invade the country of the Ngatikahungunu tribe on the East Coast, and drive them from their country; and might appear fully to bear out what Mr. Travers states, in his notes supplied [unclear: ti] me^* "A careful persual of a large mass of such documentary evidence, [unclear: supled] with viva voce accounts received from living witnesses, has satisfied [unclear: as], and would, I believe, satisfy any impartial inquirer, that the claims of the Ngatitoa and Ngatiraukawa, upon the country from Kukutauaki to Wangaehu, were properly founded upon a complete conquest, followed by occupation as of night, down to the date of the colonization, and that the original occupants had been completely reduced to subjection, and could, at most, claim a limited interest in the soil, as having become incorporated into the ranks of the [unclear: querors]."

The Marquis of Normanby, in a despatch to Governor Hobson, the first Governor of New Zealand, says,—"I have already stated that we acknowledge New Zealand as a Sovereign and independent state." Again,—"But the Lmission of their rights, though inevitably qualified by this consideration, is binding on the faith of the British Crown."^† Lord John Russell, also in a

^* See Appendix, page 11.

^† See Appendix, page 1.

page 22 despatch to Governor Hobson, says,—"In addition to this, they have been formally recognized by Great Britain as an independent state, and even in assuming the dominion of the country, this principle was acknowledged, for it is on the deliberate act and cession of the chiefs, on behalf of the people as large, that our title rests."^*

If what Mr. Travers states (as quoted above) be correct' it, I [unclear: presure] follows that the Ngatitoa and Ngatiraukawa were the tribes to whom the Queen of England "confirmed and guaranteed" "the full, exclusive, and and undisturbed possession" of all that land lying between the Kukutauaki stream and the Wangaehu river, when they signed the Treaty, in 1840, "so long as" they might "wish and desire to retain the same in their possession," with the exception only (as Mr. Travers states, at page 9 of the Appendix) of "an allocation of sufficient territory for the purposes of necessary occupation" to the original possessors.

With respect to the statement that Ngatiraukawa protected the remnants of the original possessors of this country against Te Rauparaha and others, it has to be admitted that when the first parties of that tribe came to Kapiti, they assisted Te Rauparaha in his raids upon the country, and that all parties of the tribe, as they came down the coast, killed or made prisoners of any of the original inhabitants whom they happened to fall in with. But when the main body reached Kapiti, intending to take permanent possession of the country given over to them by Te Rauparaha, Te Whatanui made peace with the remnants of the original inhabitants, and took the Rangitane and Muaupoko under his own protection, the Ngatiapa being under the protection of Nepia Taratoa. In proof of this, I would call your attention to statements in letters from Natives.^† The Ngatitoa chiefs say,—"Ngatiraukawa then made peace with those people, with Muaupoko, Rangitane, and Ngatiapa, and now, for the first time, they came down from the trees up the mountains—Muaupoko and Rangitane to Te Whatanui, Ngatiapa to Horomona Te Remi and Nepia Taratoa—and settled down among Ngatiraukawa. We then went and killed Takare, Paipai, and Rautakitaki, among the garments (weruweru,) of Ngatiraukawa. Friends, listen. This was the last of our killing. They were protected by Ngatiraukawa. Te Rauparaha would have destroyed them all; lest the weeds should spring up." Paora Nikahere says,—"When Ngatiraukawa migrated to Kapiti, I was then a slave. I heard Te Rauparaha say to Whatanui, 'All the remnants of Ngatiapa, Rangitane, and Muaupoko, must be destroyed.' Te Whatanui replied, 'Cease to kill; let the remnants be saved but they lived like slaves (taurekareka) among the Ngatiraukawa." Wi Tamahana Te Neke, the Ngatiawa chief, says,—"This is certain, that these two tribes were constantly

^* See Appendix, page 2.

^† See Appendix, p. 35, el seq.

page 23 killing the former inhabitants. They did not make peace with them. Afterwards, Ngatiraukawa came, when they protected them against these two tries; but though Ngatiraukawa settled here, Ngatiawa did not cease to Kill them." Tamihana mentions the murder, by Ngatiawa, of a number of these people. He says,—"Great numbers of Rangitane, Ngatiapa, and Muaupoko were killed." Mr. Travers also speaks of the murder of these people by Ngatiawa; that Te Rauparaha was the instigator, and that Te Whatanui cautioned the Muaupoko not to attend.^* I may state that Hunia Te Hakeke, the principal chief of Ngatiapa, gave an account of this same murder in the Lands Court at Otaki. He also stated that Whatanui cautioned the unfortunate people against going, and that Te Rauparaha instigated the Ngatiawa to invite them to the feast, and afterwards to murder them Ihakara Tukumaru, a Ngatiraukawa chief, in his letter at page 39 of the Appendix, says,—"Therefore Te Rauparaha said, 'All these tribes must be destroyed.' The word of Whatanui went forth—'No; let them live leave them as servants for Ngatiraukawa.' That was the word that protected these tribes against Te Rauparaha and his tribes." Karanama, another chief, says, "Those chiefs, Te Rauparaha, Rangihaeata, (and others) became dark in their hearts, and determined to exterminate these tribes, that none should remain; this was the fixed determination of the chiefs of Ngatitoa; but it has Rauparaha who was the most determined. But when Ngatiraukawa came, Whatanui made peace with them, then Ngatitoa were dark." He also mentions a number of Muaupoko being killed, and adds,—"Whatanui again mettled them down," and "He (Te Rauparaha) retained his ill towards them, Muaupoko, Rangitane, and Ngatiapa, till the time of his death." Mr. Wake-field, also says,—"That Te Rauparaha only spared the lives of the few Muaupoko now existing in that neighbourhood, at the urgent entreaty of Te Whatanui, a great chief of the Ngatiraukawa, to leave them as slaves for him."^† Mr. Kemp, says,—"Horowhenua was the favorite residence of the late Te Whatanui, one of the principal chiefs of Ngatiraukawa, and to him the individuals composing the tribe (the Muaupoko) in a great measure owe their existence."^‡ Mr. Travers, says,—"In the words of Te Keepa, 'Whatanui took them under his protection, and promised that nothing should reach them but the rain from Heaven." Again, he says,—"The latter (Te Rauparaha) unwillingly yielded to the wishes of his great kinsman, and from that time ceased directly to molest these unfortunate people, who were suffered again to occupy part of their original territory in the neighbourhood of lake Horowhenua; not as a tribe, however, but simply in the character of tributaries, if not actual slaves

^* See Appendix, page 34.

^† See Appendix, page 15.

^‡ See Appendix, page 44.

page 24 to Te Whatanui. In the words of Matene Te Whiwhi, 'Rauparaha was anxious to exterminate Muaupoko, but Whatanui interfered.'"^* The Rev Samuel Williams, states, in a letter to myself, at page 48 of the Appendix—"Rauparaha and Rangihaeata were furious at the idea of Ngatiapa, whom they styled the remnant of their meal, attempting to deal with the land, and blamed Ngatiraukawa in unmeasured terms for having stopped them in their work of extermination, saying that had they been allowed to do as they wished, the difficulties of that time would never have arisen." He also states,—"several members of the conquered tribes told me that they owed their lives to Ngatiraukawa. That Te Rauparaha would have killed them all, had not Te Whatanui, one of the principal chiefs of Ngatiraukawa befriended them. They always spoke of him as a father." The Rev. S. Williams has also stated to me, that when he first visited the Muaupoko, in 1847 they said to him—"It was not the Missionaries, but Te Whatanui who first brought to us glad tidings of salvation. Te Rauparaha would have killed us all, but Whatanui protected and saved us; that old man must have seen Jesus Christ, he was to us so good and kind." Tamihana Rauparaha, son of old Te Rauparaha, on one occasion, said to myself,—"It serves the Ngatiraukawa right their losing their land, they should have taken my father's advice and have killed all these people; but, instead of doing so, they protected them, and have since handed over to them large tracts of land." Wi Parata, a Maori member of the House of Representatives, in a statement which appears at page 105 of the Appendix, says,—"the desire of Ngatitoa that is, of Te Rauparaha, was to have destroyed all these people, but Whatanui and all Ngatiraukawa were kind to them, and protected them against Te Rauparaha." Rawiri Te Wanui, in a letter at page 106, says,—"It was Rauparaha's wish to have destroyed them all—not to let any escape—Ngatiraukawa saved them from death—made slaves and servants of them." Nopera, a chief of Ngatitoa, said to me, only a few weeks since, at Waikanae "Ngatiraukawa protected these people; had it been left to us, we would have served them as we served those people over yonder" (pointing to the Middle Island).

I may state that the Bishop of Wellington, and the Rev. S. Williams, have a distinct recollection of what old Te Rauparaha himself, and other old chiefs who are since dead, have often said to them when speaking upon this subject; there are also other witnesses, both European and Maori, who can be brought forward to prove the utterly helpless condition of these unfortunate people before the colonization of the country; that great numbers a them were in actual slavery, and the others living under the protection of Ngatiraukawa; and that, though occasionally in after years, individual acts

^* See Appendix, page 34.

page 25 of tyrrany may have been practiced upon them, it was a great boon than otherwise to these people, their country having been taken possession of and occupied by the then numerous and powerful Ngatiraukawa tribe.

I would now call your attention to Mr. McLean's report, written in 1849, of the purchase of the Rangitikei Block from the Ngatiapa tribe.^* I trust I have already made it clear to you that the Ngatiraukawa tribe, with a section of Ngatitoa (who own part of the land between Otaki and the Kukutauaki stream), were in undisputed possession, in 1840, of all the country lying between the Wangaehu river to the north, and the Kukutauaki stream to the south.

Archdeacon Hadfield (now Bishop of Wellington), in a letter which appears in the Appendix, at page 102, says,—"The joint participation by two different tribes of the ownership of land, is a kind of tenure absolutely unknown to Maori custom, and utterly repugnant to their whole system. I defy any one to produce a single instance of any such joint tenure. When two tribes lived intermingled, either one was the acknowledged superior, and the other the Inferior, or there were well defined boundaries to their respective possessions." At page 12 of the Appendix, are opinions given relative to the tenure by which the natives hold their land; one given in 1843, by George Clarke, Protector of Aborigines; the others in 1861, before a Committee of the House of Representatives, by Archdeacon Hadfield, and the Rev. J. Hamlin. Mr. Hamlin, says,—"If the conquered people return to their lands by permission of the conqueror, the land does not become theirs, unless a transfer of the laud is made to them by the conquerors."

I regret that I have not been able to procure a copy of Sir. McLean's report of his meeting with the chiefs of Ngatiraukawa, (whom he speaks of as "the conquering chiefs,") when they formally surrendered all claim to the lands to the north of the Rangitikei river as far as Wangaehu, leaving the Ngatiapa to deal as they pleased with it. But the Rev. Samuel Williams, in a letter at page 48 of the Appendix, says,—"When the Rangitikei block of land was offered for sale by Ngatiapa in 1848 and 1849, D. McLean, Esq., Land Purchase Commissioner, called upon me at Otaki, where I was residing, and asked me to help him in obtaining the consent of Ngatiraukawa, together frith Rauparaha and Rangihaeata, to the sale, without which he said he could not effect the purchase. I promised him my assistance, and for that purpose entered fully into the subject with the natives. Rauparaha and Rangihaeata were furious at the idea of Ngatiapa, whom they styled the remnant of their meal, attempting to deal with the land, and blamed Ngatiraukawa in unmeasured terms for having stopped them in their work of extermination;

^* See Appendix, p. 39

page 26 saying that, had they been allowed to do as they wished, the difficult of that time would never have arisen. The subject caused considerable excitement amongst the Ngatiraukawa, but I urged them to act a general part towards those who had been so harshly treated in past years; and, [unclear: afair] repeated discussions amongst themselves, they at length agreed to allow Ngatiapa to sell their land on the north side of the Rangitikei river, and keep all the purchase money, on condition that they were not to deal with any of the land to the south of the river." He adds,—"I do not, however, consider that either party understood that Ngatiapa were, by this arrangement, entirely debarred from occupying portions of the south bank of the river if they wished to do so, or from receiving a portion of the proceeds in the event of Ngatiraukawa disposing of it." (Mr. Williams since explained this more fully in Court, he said,—"It rested entirely with Ngatiraukawa to give or to withhold; that it would depend upon how the Ngatiapa behaved themselves, but that they certainly would have no right to sell any land to the south of the Rangitikei river.") He also says, in his letter,—"The Commissioner expressed his gratification at the generous manner in which Ngatiraukawa acted, move particularly in not accepting any of the purchase money; of which Ngatiapa had previously expected them to take a large share." Mr. McLean's report shows that the whole of the purchase money was paid to Ngatiapa.^* Mr. Walter Buller, in his letter written in 1863, which appears in the Appendix at page 47, says,—"It appears that when the Ngatiapa, in 1849, surrendered the land lying between the Wanganui and Rangitikei rivers, they compromised the conflicting Ngatiraukawa claims (of conquest) by conceding to the latter the right of disposal over the territory lying south of the Rangitikei river &c." Archdeacon Hadfield also alludes to this in his letter at page 101. He also says,—"Ngatiapa attempted to lay claim to the south side by building a hut there; this was forthwith destroyed by Te Rangihaeata, and the attempt was thus crushed in the bud." Matene Te Whiwhi, in his letter at page 49, says,—"The Ngatiraukawa quietly handed over the other side of Rangitikei to Ngatiapa for them to sell to Mr. McLean, which made that sale complete." Wi Parata, a Member of the Assembly, says in his letter at page 105,—"I know that when Rangitikei sold, the other side of Rangitikei, on towards Turakina, was, after due consideration, divided off to Ngatiapa by Ngatiraukawa." Rawiri Te Wanui, in a letter at page 106 of the Appendix; the Ngatiraukawa non-sellers in their letters and protests, at page 88 and following pages; also [unclear: Neple] Taratoa's son and daughter, in their statements at page 70; all speak of their having allowed Ngatiapa to sell the land to the north of the Rangitikei river.

Mr. McLean, in concluding his report, says,—"I am glad to observe that many of the chiefs in this neighbourhood congratulate the Government on the successful termination of the present purchase, notwithstanding the opposition evinced by various tribes when the negotiations were first undertaken."

Mr. McLean, towards the conclusion of his report, after giving the character of the Ngatiapa tribe, adds,—"But the cession of their country, &c;" in his report at page 46, he says,—"The sums expended among the Rangitikei tribe for their land. But since their treaty with the Government for the cession of their country, &c.;" at page 40, he says,—"I therefore gave these natives to understand that, as ample reserves were already provided for them, I could not allow of those unnecessary ones;" at page 42, he says,—"From the desire of the natives to possess the whole of the land between the Turakina and Wangaehu rivers, I considered it advisable to acquiesce in their wishes, as the place is peculiarly adapted, from its well-defined natural boundaries, for a reserve; and from its extent, will also render it a sufficient and desirable situation for the eventual settlement of the whole tribe."

Mr. H. T. Kemp, Native Secretary, in his report written in the following year. 1850, at page 43 of the Appendix, after stating that Ngatiraukawa "is the most powerful tribe in Cook Strait; and inhabit all that country lying between Kukutauaki (a small stream two miles north of Waikanae) and the main river of Rangitikei. The claim of the Ngatiraukawa to the whole of the district before mentioned, is, I believe, undisputed," says,—"The Ngatiapa are a remnant of the original people, and have held but little intercourse with the Europeans. They are still rude and uncivilized, and look with a jealous eye on their old conquerors, the Ngatiraukawa, by whom they were recently permitted to sell the land on the north side of the river. The whole of the Ngatiapa scarcely amount to more than 300 souls, including Turakina and Wangaehu, for whom a sufficiency of land has been reserved."

In Mr. McLean's despatch to the Colonial Secretary, written in 1850, (the same year as Mr. Kemp's) he says,—"I shall address you a separate despatch in reference to arrangements which, subject to His Excellency's approval, I propose to carry out with the natives respecting their reserves in the Rangitikei district; in the mean time, I would earnestly advise the Government against encouraging, or in any way sanctioning the leasing by the natives to Europeans anxious to make terms with them, of their large reserve marked red on the enclosed sketch, and situated between the Turakina and Wangaehu river's; as I conceive that such a measure, even if page 28 consented to by a portion of the natives, would seriously injure and interface with their future welfare and prosperity as a tribe." The above need no comment.

Mr. McLean, in his despatch written in 1851, to the Colonial Secretary says,—"There is a fine rich district of land situated between the Rangitikei and Manawatu; the acquisition of which, in the course of a few years, will be found very desirable. The remaining portion of the coast from Manawatu, to a stream forming the boundary between the Ptaki (Otaki) natives, and those of Waikanae, appears more peculiarly adapted for a native reserve that for the purposes of English colonization." With respect to the above, I may be permitted to state that Mr. McLean has repeatedly said to a gentleman of my acquaintance, one possessing great influence with the tribe, that he would like the Ngatiraukawa to sell all their country lying between the Rangitikei and Manawatu rivers, and so remove the ill-feeling that existed against them for holding so much land; and he would also like the Government to^* set apart the land lying between the Manawatu river and Kukutauaki stream, as a permanent reserve for Ngatiraukawa. Ihakara Tukumaru, in a letter to Mr. McLean, at page 140 of the Appendix, says,—"You have perhaps forgotten your word about the Ngatiraukawa reserve."

I now beg to call your attention to Mr. McLean's report, written in 1856,^† of the purchase by himself, (several years after he purchased the Rangitikei block from the remnant of the Ngatiapa tribe,) of eight million acres of country in the Middle Island. I may state that portions of the Middle Island had been previously purchased from the conquering Ngatitoa and Ngatiawa tribes. And you will observe that in the purchase of this eight million of acres, whilst the conquering tribes are recognized as being the owners of the whole country, the remnants of the original possessors are dealt with very summarily; shewing a very striking contrast to the manner in which the respective rights of the conquering and conquered tribes to the lands in possession of, and occupied by, Ngatiraukawa, have been dealt with by the Government. Mr. McLean in this report, speaking of one tribe, says.—"To the Rangitane one hundred pounds (£100) was now paid in full satisfaction of all their claims." To the Ngatikuia "were paid one hundred pounds (£100) in extinction of their title, &c." To a remnant of the Ngaitahu living in remote and, as yet, almost inaccessible part of the country," he recommends, "as a matter of justice," that "a reserve of three or four hundred acres should be secured to them, together with a small amount of compensation for their claims."

I am not aware how far south the rights of the Ngatitoa were recognized [unclear: over] the lands in the Middle Island; but, as the tribe were willing to sell, the Government would scarcely care to limit such rights. In Mr. Travers' Memoir of Te Rauparaha at page 60, is a copy of a letter from the runanga or [unclear: memori] council of natives of the Ngaitahu tribe living near Kaiapoi, in the Canterbury Province, to Patterson, then Maori Member for the Southern Maori Electoral District. They say,—"Do you publish it to the Assembly, so that the great doctors may examine this disease : the disease is the sale by Ngatitoa of this land. Had the defeat of the people at this land been equal to that of the people of Rangitikei and Manawatu by Te Rauparaha and Ngatiraukawa, where the people were killed and the land was taken possession of, and has been kept up to this time, then it would have been right that we should [unclear: after] under this affliction. But, as for the defeat of the natives of Kaiapoi, the Maori runanga consider that it is very clear that the battles in which the Kaiapoi natives were defeated were not followed up by occupation on the part of the victors."

I now beg to call your attention to extracts from letters and reports from District Commissioners, Messrs. G. S. Cooper and William N. Searancke, to the Chief Commissioner;^* giving an account of the time when, and the manner in which, the Ahuoturanga or Upper Manawatu block was "formally returned" to Te Hirawanu and the Rangitane tribe, by the chiefs of Ngatiraukawa. Mr. Cooper speaking of the Forty-mile or Tamaki bush in the Hawke's Bay Province, in a letter dated Ahuriri, 29th November, 1856, says,—"From I can elicit from natives at Heretaunga, I am inclined to think the Manawatu people will not listen favourably to overtures for its purchase, so long as the question relating to lands in dispute between themselves and the Ngatiraukawa on the West Coast, remains in its present state." Mr. Cooper says much the same in his letter dated 29th March, 1857, with this addition, But under all the circumstances, I trust that His Excellency the Governor will see the propriety of expending a moderate sum to satisfy the Manawatu fives, more especially as the discussions to which such a payment would give rise might possibly lead to the sale by Ngatiraukawa of their claims by conquest; and thus the acquisition of the valuable and important districts, lying between the Manawatu and Rangitikei rivers, might be facilitated; whilst all obstacles in the way of acquiring the Forty-mile bush would be removed." Mr. James Grindell, in his journal,^† forwarded by Mr. Searancke to the Chief Commissioner, says,—"I found Te Hirawanu and his people. * * * They were determined not to sell any land on the east of Tararua,

^* See Appendix, p. 56, et seq.

^† See Appendix, page 57.

page 30 (viz., in the Seventy-mile bush,) until they had disposed of all their lands on the west side."

Mr. Searancke, in his report to the Chief Commissioner, dated 27th September, 1858, at page 60 of the Appendix, states,—"On the 19th [unclear: ultima] I arrived here, and, after a few days' delay, proceeded, in company with Nepia Taratoa, Ihakara, and about forty others of the chiefs and principal men of the Ngatiraukawa tribe, up the Manawatu river to Raurawa, the settlement of Te Hirawanu, the chief of the Rangitane and Motuahi tribes." He states further that at a numerous meeting of natives (the Ngatiapa being present) the whole of the upper part of the Manawatu was formally returned to Te Hirawanu by the first throe named tribes,"—"Ngatiraukawa, Ngatitehihi and Ngatiwaratere" (all of Ngatiraukawa). "They fully consenting to his selling the whole of it to the Government; Nepia Taratoa, the chief of the Ngatiraukawa tribe, more particularly wishing him to complete the sale at once." Mr. Searancke further states how, at the request of Nepia, he met him, with Te Hirawanu and all his tribe, and "after several days' dispute, succeeded in getting the boundary amicably settled." Again he says,—"I have found Nepia, since my arrival here, of very great assistance in settling disputed boundaries, and in many ways by his influence used id my favour."

Mr. Searancke, in his report to Mr. McLean at page 64, speaking of the Upper Manawatu block, says,—"In September 27th, 1858, I had the honor of reporting to you on the negotiation for the purchase of this block. I then succeeded in obtaining the consent of all the leading chiefs of the Ngatiraukawa tribe to the sale, and the waiving by them of their claims on it." Further on he says,—"Or by Te Hirawanu himself in the pride of his heart at becoming the acknowledged and undisputed owner of so much land." Again,—"The more so when I recollect the eagerness of Te Hirawanu and his friends to sell, previous to the Ngatiraukawa waiving their claims." Mr. Searancke, in a report of date 12th November, 1858 (a copy of which I have by me) speaking of Te Hirawanu and his tribe, says,—"And who, through accidental circumstances, have been again put in full possession of the land of their forefathers." Matene Te Whiwhi, at page 49 of the Appendix; Wi Parata, at page 105; and Rawiri Te Wanui, at page 106; all speak of the Ahuoturanga block having been quietly handed over to Hirawanu and the Rangitane by Ngatiraukawa. Dr. Featherston, in his speech to his Provincial Council at page 69 of the Appendix, speaks of his having purchased this block, comprising some 250,000 acres, chiefly of rich alluvial land." I have not seen any report of the purchase, but from what I have seen, and from what the natives have told me, I am in a position to state that the land was purchased from, and the money paid to, Hirawanu and the Rangitane tribe.

With respect to the Awahou block, Mr. James Grindell in his journal, and Mr. Searancke in his reports,^* show that the land was purchased from Ihakara and the Ngatiraukawa tribe, neither the Rangitane nor Ngatiapa interfering at all in the matter. The only mention made of the Ngatiapa is in Mr. Searancke's report to Mr. McLean, at page 63, where he states,—"Awahou block,—fifty pounds (£50) : This is a second payment on this block; was made to the Ngatiapas by desire of Ihakara, and will be deducted from the gross amount agreed upon." Ihakara Tukumaru, the principal seller of this block says, in his letter at page 71 of the Appendix,—"Secondly, when Awahou at Foxton was sold, it was Ngatiraukawa alone who sold it. Kawana Hunia and Kepa (Kemp) Rangihiwinui then came, and asked that some money should be given to them from the sale, under the mana of Ngatiraukawa. Ngatiraukawa then consented, and gave them £50. Had they demanded it under their own mana, no money would have been given to them."

I now beg to call your attention to documents at page 65, and following pages of the Appendix, having reference to the Manawatu-Rangitikei block. I trust I have made it clear to you that, after Ngatiraukawa had waived all claim to it, the Rangitikei block to the north of the river was purchased from the Ngatiapa, and all the purchase money was paid to that tribe. That the Ahuoturanga or Upper Manawatu block was, after having been "formally returned" to them by Ngatiraukawa, purchased from, and the purchase money paid to, Te Hirawanu and the Rangitane tribe; also, that the smaller Awahou block—part of the Manawatu-Rangitikei country—was purchased from, and all the purchase money paid to, Ngatiraukawa, with the exception of £50, paid to Ngatiapa by request of Ihakara. The fact that the Rangitikei and Ahuoturanga blocks could not be sold till Ngatiraukawa arranged the boundaries of and waived their claim over those two blocks, and that they were in a position to deal with the smaller Awahou block—being a portion of the country lying between the rivers Manawatu and Rangitikei—without any reference to any other tribe; clearly show that they were, at that time, admitted on all sides to be the superior tribe, and justly entitled to deal with the remainder of the Manawatu-Rangitikei country as they pleased.

Archdeacon Hadfield (now Bishop of Wellington), who has been intimately acquainted with the history and affairs of the Ngatiraukawa tribe since 1839; and the Rev. S. Williams, who resided at Otaki for some seven years—from 1846 to 1853—and who is generally admitted to be one of the best authorities in New Zealand on native matters—have repeatedly told me that until the

^* See Appendix, p. 57, et seq.

page 32 last few years, any question as to the clear and indisputable title of Ngatiraukawa to the whole of the country between the Ahuoturanga and Rangitikei blocks never once crossed their minds; and that they consider, by Ngatiapa and other tribes having been allowed to deal with that land, a great wrong and injustice has been done to the Ngatiraukawa people. Wi Parata, a Maori Member of the Assembly, in his statement at page 105 of the Appendix says,—"To my knowledge, that block of country lying between Rangitikei and Manawatu belonged to Ngatiraukawa alone." Mr. Kemp, Native Secretary, in his report at page 44 of the Appendix, written in 1850, speaks of the undisputed claim of the Ngatiraukawa to all the country lying between Kukutauaki and the Rangitikei river.

I beg to state that the fact of Nepia Taratoa, the great Ngatiraukawa chief, having permitted Ngatiapa and Rangitane to join in some of the leases granted over portions of the Manawatu-Rangitikei block (leases which were entirely illegal), has been made a great point against the Ngatiraukawa The facts of the case are very simple. After Ngatiraukawa had waived their claim to the Rangitikei block, the Ngatiapa sold that block to the Government The Upper Manawatu block, handed over to Rangitane, and which they afterwards sold to Government, though land of good quality, is not suitable for sheep runs; and when Ngatiraukawa commenced to grant leases to the Europeans over the country retained for themselves, Ngatiapa and Rangitane came to Nepia and asked that a portion of the rents should be given to them; not only did Nepia agree to this, but he also allowed some of them to sign their names to certain of the leases. The Ngatikauwhata hapu did the same, whilst others again, of the hapus^* of Ngatiraukawa, would not allow these people to join in their leases. The Hon. Mr. Fox, in a memorandum dated Rangitikei, 19th August, 1863, says,—"It is believed that most, if not all, of the leases were originally arranged with Nepia Taratoa, the principal chief of Ngatiraukawa; though members of other tribes are also parties to them, or some of them." Archdeacon Hadfield, in his letter at pages 101 and 102 of the Appendix, speaks of Ngatiapa having been "permitted" by the late chief Nepia Taratoa, "to receive some part of the money paid as rent for lands illegally leased by Englishmen." Mr. Noake, R.M., in his letter to the Native Minister,^† says,—"The rents were formerly paid to Napu (Nepia), the Ngatiraukawa chief; who used to give some of the money to the Ngatiapas." Taratoa, son of Nepia Taratoa, gives a very fair account of these transactions in his statement, which appears at page 69 of the Appendix. He also says,—"My father intended that they should have a portion of the money alone, not of the land. The land was to be for

^* A hapu is a subdivision of a tribe.

^† See Appendix, page 73.

page 33 my father and his tribe alone. My father was simply treating, as he always had treated, with kindness, these people, Ngatiapa and their friends. When Nepia died, Ngatiapa were covetous, and wanted all the money for themselves. Ngatiraukawa then became angry, and refused to allow Ngatiapa to join at all." Nepia's daughter says, at page 70,—"But with respect to the leases, they had been allowed by my father to join in the leases, but in the money alone, not in the land. I am fully aware, and quite positive, that it was my father's fixed determination that the land should be retained for his people alone—for Ngatiraukawa." I may state that Parakaia and his people did not allow the rent for Himatangi to be paid to Ngatiapa; and though their land was included in one lease with other land leased by Nepia and others, they had all the rent for Himatangi, until 1863, paid to themselves. The [unclear: sapus] occupying the inland portion of the block also received all the rents of their portion of the country, as related by Henere Te Herekau, in his statement respecting these three hapus, which appears at page 157 of the Appendix. Ihakara Tukumaru also states in his letter, which appears at page 71, that he and Taikapurua did not give any of the rent when asked for it, to Hakeke of Ngatiapa.

I may say myself, that Ngatiraukawa (some of them) having allowed these people to join in their leases, though a generous, was, no doubt, a very unwise act, and, like all their acts of generosity shown to the original possessors, has been made free use of against them by the Government, and in a court of law. There is reliable evidence of the fact that, for many years after the country was first occupied by Ngatiraukawa, Nepia filled the position of guardian to the Ngatiapa, which was no doubt a peculiar position to fill, and that Ngatiapa had been in the habit of looking up to Nepia as a father, as well as their (rangatira) chief, and that his son speaks the truth when he says,—"My father was simply treating as he always had treated, with kindness, Ngatiapa and their friends." At the same time, I feel certain that neither Nepia Taratoa nor any other of the Ngatiraukawa people ever intended for one moment that Ngatiapa should have any right to the land itself; their having allowed Rangitane to join in the leases as well as Ngatiapa, should alone be accepted as sufficient proof of this, and as showing how extremely confident Nepia and others must have felt in their own minds as to their unquestionable title to the land, which they then had no idea of disposing of. A further proof of this, is the fact that no sooner did Ngatiapa attempt, after Sepia's death, to assert a claim to the laud, than Ngatiraukawa at once refused to have anything further to do with them, when, unfortunately for the Ngatiraukawa title, the Ngatiapa determined to sell. Archdeacon Hadfield, in his letter at page 102, says,—"This act of his (Nepia's), which page 34 was done without the sanction of the tribe, could not possibly he construed into a formal transfer of the land." Again he says,—"Shortly after Nepia's death, Ngatiapa, began to assert a claim based on his liberality."

The Wanganui Chronicle, in a leading article dated 16th July, 1867 says,—"Matters moved on very comfortably with these tribes for a time—they let their land to Europeans and had the rents divided among them in a way which gave satisfaction to all parties—a result mainly attributable to the talent and influence of a single chief, Nepia Taratoa. The death of this noble Maori took place early in 1863, and was speedily felt among the tribes, who became disorganised and began to dispute and quarrel. The division of the European rents was one cause of feud; and from conflicting claims on this point were started still more difficult questions touching the ownership of the land itself. But the Ngatiapa saw their chance, and took advantage of the death of Nepia, to advance, by degrees, claims which had not before been heard of; and the total absence of any legal authority encouraged them to persevere in these claims, until the Ngatiraukawa were reduced to the necessity either of abandoning what they conceived to be their just rights, or fighting in defence of them. And this feeling, it should be carefully noted, did not find expression until more than a year after the Native Lands Act of 1862 had provided for the Maoris elsewhere the means of settling similar disputes."

One might almost have supposed that Ngatiraukawa having protected these people in former years, then having given up large tracts of fine country to them, amounting to 500,000 acres—more than they retained for themselves—an act of generosity which caused the Hon. Mr. Fox to exclaim, "I am amazed at the generosity of these people. They have given up large tracts of land which they might have sold themselves, and taken all the purchase money"—with the fact of their having remained loyal and peaceable throughout the disturbances occasioned by the Wairau massacre, the fighting at the Hutt and Wanganui, and the disturbed state of the country for many years past, should have entitled them to some consideration at the hands of the Government. The sequel will show what amount of consideration has been extended to them.

I would now call your attention to an extract from Dr. Featherston speech to his Provincial Council, in 1862, at page 65 of the Appendix, wherein he states,—"You will be glad to learn that this Province has at last been relieved, both of the heavy expense and of the mischievous obstructiveness of the Land Purchase Department; His Excellency having been pleased to devolve upon myself, as Superintendent, the duty of purchasing such lands as the natives may from time to time be disposed to alienate." I would also call your page 35 attention to the clause in the Native Lands Act which excluded the greater portion of the land of the Ngatiraukawa tribe from the operation of the Act.^* Also to an extract from Dr. Featherston's speech to his Council, at page 66 of the Appendix, wherein he states,—"Nor am I without hopes that after this portion, estimated to contain 250,000 acres, is obtained, the remainder of the country will follow; for already serious disputes have arisen between the two tribes resident in the district, as to which tribe is entitled to receive the rents of the runs leased to the Europeans." I also beg to call your attention to Dr. Featherston's "Memorandum for the Hon. Mr. Fox," written in in 1864.^† which he states that Ngatiraukawa wished the matter to be settled by arbitration, but that Ngatiapa "declared they never would consent to arbitration," adding, "we hand over the whole block to you for sale. We all consent to this, and will agree to nothing else." Dr. Featherston himself says,—"What I mean when I say that the sale of the block presents the easiest, perhaps the only possible solution of this quarrel, is simply this," &c; again,—"And it would be well worth the while of the Province to buy up their interests." I would also call your attention to an extract from Dr. Featherston's speech to his Council written four months after he wrote the above memorandum for Mr. Fox,—"With respect to the remainder of the Manawatu district, whilst I am unwilling to raise undue expectations, I feel very confident that events are gradually, if not rapidly, tending to the only possible solution of the long pending dispute between the Ngatiapa on the one side the Ngatiraukawa and Rangitane on the other—viz., the cession of the block to the Crown."^‡ The above clearly shows that Dr. Featherston the Superintendent of Wellington, and Land Purchase Commissioner, had made up his mind from the first, to make use of the quarrel amongst the native as a means to an end—viz., "the cession of the block to the Crown," and that his having been appointed by the Hon. Mr. Fox to act as arbitrator in the dispute was, to use an expression of his own, "a mere farce." In the words of the Wanganui Chronicle, in an article upon this subject, of date 13th July, 1867—"He has labored ably and indefatigably to acquire this block of land for the Province; he has set his heart upon it."

I beg to call your attention to a letter written in 1864 by certain chiefs to Dr. Featherston, at page 71 of the Appendix, offering this block of land for sale to the Government "as the only means of finally settling our difficulty," adding—"this is the individual act of a few; the general consent of the tribe has not yet been obtained to the proposed sale." I also beg to call your attention to the petition from Ngatiraukawa to the Assembly, at page 72 of

^* See Appendix, page 65.

^† See Appendix, p. 66.

^‡ See Appendix, page 69.

page 36 the Appendix, praying that their lands may be brought under the operation of the Native Lands Act, and to state that their prayer was not granted.

I would call your attention to a letter from Mr. M. Noake, R.M., to the Native Minister, of date 11th May, 1865,^* wherein he states,—"I have the honor to report that a Ngatiapa chief, Hunia Te Hakeke, came to me, asking me to prevent the settlers having runs on the disputed land, from paying rents. He informed me that if they persisted in doing so, war would be the result, and that immediately." I would also call your attention to a letter dated 10th June, 1865, from Ngatiapa to Dr. Featherston, praying for arms and ammunition; and to the fact that the signatures are witnessed by Mr. Walter Buller, R.M., Sub-commissioner to Dr. Featherston. They say,—"Father Featherston. * * * Now listen, if the hand of the Ngatiraukawa should touch the sheep or the cattle of the pakeha, the difficulties will greatly increase, because then fighting will be sure to arise. * * * Here is another matter. We are glad on account of Mr. Buller's visit, and the opportunity we have had of meeting him. He visited our new pa at Turakina, and we then applied to him to obtain from the Government guns and powder for the protection of our three pas. Do not suppose that we want to use this ammunition against the Ngatiraukawa. Not so."^†

I would call your attention to extracts from a speech delivered by Dr. Featherston to the electors of Wellington on Wednesday evening, 21st February, 1866; delivered less than two months before he purchased the Manawatu-Rangitikei block as "the only means of avoiding an inter-tribal war.^‡ I may be pardoned for saying that Dr. Featherston's remarks with respect to hatching native policies for a race which you cannot possible preserve," bear a striking contrast to what Lord John Russell says in his Despatch to Governor Hobson, of date, 9th December, 1840,—"To rescue the natives of New Zealand from the calamities, of which the approach of civilized man to barbarous tribes has hitherto been the almost universal herald, is a duty too sacred and important to be neglected, whatever may be the discouragements under which it may be undertaken."^§ There is also this difference; that whereas, the one were the sentiments entertained respectai the Maori race by British statesmen at the time when they obtained peaceable possession of these islands through the influence and instrumentality of Christian missionaries, the others are the sentiments entertained respecting this unfortunate race by many of those to whom Her Majesty's Government and the British people have of later years "altogether relinquished the fulfilment" of their "sacred obligations."

I would now beg to call your attention to Dr. Featherston's report on the purchase of the Manawatu-Rangitikei block, extracts from which appear at page 76, and following pages of the Appendix. He says that on 27th March, Ihakara, after stating emphatically his determination to sell the disputed block, "warned Dr. Featherston that there would, at the commencement of the meeting, be strong opposition from a section of his tribe." That on the 29th March he had a meeting at Turakina with about forty of the principal Ngatiapa claimants, nine months after receipt of their letter, asking for "guns and powder," when he states,—"Governor Hunia made a still more violent speech against the other tribes; openly boasted that they (the Ngatiapas) had now plenty of arms and ammunition, and could easily drive off their opponents and that they would now prefer an appeal to arms to any other course. He almost intimated that they had, during the West Coast campaign, reserved their ammunition for that purpose. * * * Although the discussion lasted for several hours longer, nothing definite was arrived at, the whole of the natives present declaring that they would not take a penny less than £40,000, and that the other tribes should not share the payment with them; that their great desire was to fight, and take the land by right of conquest. It * * * On the morning of the 5th April there were about seven hundred natives present. * * * Ihakara said, * * * His offer to sell the land to Mr. McLean had not been listened to by the tribe, and he had on that account resolved to retain Rangitikei. He would have continued to oppose the sale of the land had he been able to discover any other way out of the difficulty. There were only two ways open to him—one was to fight the Ngatiapa, and take forcible possession of the soil; the other was to sell the land to the Queen, and to let the Ngatiapa sell also. * * * Henare Te Herekau urged that a further attempt should be made to get the exception clause in the Native Lands Act repealed, and to have the question of title in this case investigated and adjudicated on by the Native Lands Court. In this proposal he was supported by Parakaia Te Pouepa, from Otaki. * * * April7. * * * Many, who at the outset had declared against the sale, were now avowedly favourable to it; and it was evident that the spirit of opposition had been in a great measure crushed by the resolute determination of Ihakara and the other leading chiefs to effect a sale of the block. April 14. * * * Ihakara and the leading selling chiefs were more earnest than before in pressing the sale of the block, while Hunia Te Hakeke openly declared that if the meeting should break up without the sale having been effected he would return at once to pa-building, and would decide the title by a trial of strength with the Ngatiraukawa. Parakaia again brought forward his scheme for a settlement of the question (by a reference to the Land Court), but the proposal page 38 was scouted by the Ngatiapa. It was tacitly admitted by Aperahama [unclear: it] Huruhuru and Nepia that, although they were now opposing the sale, they could not suggest any other way of settling their quarrel with the Ngatiapa."

Dr. Featherston, after ridiculing alike the idea of settling the questional [unclear: le] arbitration, or by a reference to the Lands Court, says,—" He now gathered that the six tribes assembled before him were all but unanimous in scouting every one of these proposals, and were more than ever convinced that the only possible solution of the dispute was, to use their own words, an absolute sale of the whole of the land in dispute to the Crown; and after having for many days patiently heard all they had to say, he had no hesitation in expressing his entire concurrence in that conviction. * * * They had declared that they had said all that they had to say, and now called upon him to declare whether or not, as the only means of preventing bloodshed, he was prepared to accept the block and complete its purchase." He goes on to say—"Neither did he mean that a small section of one tribe should be allowed to forbid some six or seven tribes disposing of a block which they were anxious to sell. However much he might insist upon having the consent of the tribes, of all the real and principal claimants, he would be no party to such a manifest, injustice as would be implied by one or two men, probably possessing little or no interest in the land, forbidding the tribe selling it; or in a small section of one tribe opposing the wishes of some half dozen tribes; especially when the carrying out of the decision of the majority was the only means of avoiding an inter-tribal war. * * * He would, therefore, call upon every one of the tribes to declare publicly before this meeting by their chiefs whether or not the tribes consented to the sale." It appears from the report that the tribes were all unanimous in favour of the sale, with the exception of the Ngatiraukawa, of whom Ihakara "insisted upon the purchase being completed," and that "Dr. Featherston then said his course was clear. Five of the six tribes were unanimous in their determination to sell, and of the Ngatiraukawa, only a small section opposed the sale. * * * He felt therefore, so confident that the deed would ultimately be executed by all the real claimants, that he had no difficulty in publicly announcing his acceptance of the block, and in congratulating them upon this long-standing feud being thus amicably settled and finally adjusted.

"[This announcement was received with great applause, not a few of the opponents exclaiming, 'Rangitikei is fairly sold, is for ever gone from us!"]

I may state that Ihakara, the Ngatiraukawa chief, has since told me himself, that he and his hapu sold any land they ever possessed between the rivers when the Awahou block was sold. He also gave me as his reason for selling, page 39 that the tribe had refused to carry out his suggestion that they should pride the block, and give a portion to Ngatiapa, another to Rangitane, also a portion to himself. "They told me" he said,—"I might take that part of the block for my portion where the waves of the sea break." Therefore, he tied,—"I determined to sell, and quite agreed with Dr. Featherston that the whole block ought to be sold to prevent bloodshed."

I beg to call your attention to letters and protests from Ngatiraukawa non-sellers,^* extracted from a number that were laid before both Houses of Assembly. Also to two letters, at pages 94 and 95, from Hunia and others of Ngatiapa, in which they say,—"You know, because you have distinctly seen, that the land of the Ngatiraukawa is at Maungatautari. Friend, Dr. Featherston, mine and Mr. Buller's work is at an end—the writing the names tie people. * * * What do we care about that man Parakaia causing [unclear: ouble]; if he is able to cause trouble among the native tribes, his body will death, as it has been settled by all the tribes, the consent of my work to you."

I beg to call your attention to a Despatch subjoined, from Governor Sir G. Grey, K.C.B., forwarding six petitions for presentation to the Queen from member's of the Ngatiraukawa tribe; also to Memoranda from Ministers, enclosed with the petitions; also to an account given by the natives of what passed at an interview between Sir G. Grey and themselves;^† also to a letter from Mr. Puckey, Interpreter.^‡

You will perceive that Mr. Richmond and Mr. Puckey question the correctness of the natives report; whilst Rawiri Te Wanui, in his letter at page 88 insists that their account is an accurate one. Mr. Richmond, in one of his Memoranda, says,—" As to the Ngatiraukawa lands at Maungatautari, [unclear: le] (Sir G. Grey) argued that Parakaia's claims, which he was preferring in the Native Lands Court, were of the same character as those of the Ngatiapa which he refused to recognize in Rangitikei." With respect to the above claims, I may state that, whereas the Judges of the Land Court decided that these people had no claim to the lands of their fathers at Maungatautari,^§ they gave their judgment almost entirely in favour of Ngatiapa, with respect to the land at Rangitikei.^‖ (A Judge of the Land Court told me that no claim of any of these people was recognized at Maungatautari, unless at the particular request of the resident Ngatiraukawa).

Sir G. Grey, in his despatch to the Duke of Newcastle, dated Government House, 17th December, 1863. says,—

"My Lord Duke,—

"4th. I ought to mention to your Grace that I believe I was the first to recommend the forfeiture of lands by those natives who took up arms against us, and I did so for the following reasons :—Because such a proceeding is to conformity with their own customs. It will affect lands of those who have forced us into war, and leaves secure to the native owners who have remained at peace, their large landed possessions in other parts of the island. They will thus, from contrast, see the advantages secured by being protected by British rule, and the punishment which follows wanton attacks upon the European race and their properties. At the same time, from enactments recently made, the well-disposed natives who retain their lands can deal as they please with them.

" I have, &c.,

" (Signed)

G. Grey."

He also, in his reply to a letter from the Aborigines Protection Society, dated Government House, Auckland, 7th April, 1864, says,—

"Sir,—The object of the local Government, therefore, has been to secure to that numerous part of the native population who have taken no active share in the present war, the whole of their landed possessions; and also, by laws framed expressly for this object, to give to the lands held by such natives a value greater than they have previously had for their owners, by, in all respects, giving them equal rights in their landed possessions with those enjoyed by their European fellow-subjects; the intention in this respect being to show that the rights of peaceable citizens, of whatever race, are carefully respected; and to give the natives so valuable a stake in the country that they are not likely hereafter to hazard it lightly.

" I have, &c.,

"(Signed)

G. Grey."

In 1867, Sir G. Grey sends for Parakaia; "His Excellency appealed to his patriotism and asked concessions as a matter of favour." He asks Parakaia "not to push them (the Government) into difficulties at Rangitikei." He says,—"What I now desire is, that you should consent to the sale of Rangitikei—give it up to Dr. Featherston. If you persist in retaining it, you will quarrel among yourselves about it. * * Those tribes, Wanganui, Ngatiapa and Ngatikahungunu, are angry because you refused to sell Rangitikei. I am grieved, very much grieved, about this, Parakaia."^* Sir G. Grey, in his Despatch to Her Majesty's Government forwarding the petition from these people, says,—"On the other hand, it is alleged that it would be impossible to

^* See Appendix, p. 84.

page 41 give any decision in this case which would not be challenged by the disappointed party, and which would not give rise to such a feeling of bitterness as might involve the country in serious disturbances; and as the local Government and the General Assembly are now responsible for the peace of the country, it would be difficult to interfere with their deliberately formed views on this subject." The Hon. Mr. Cardwell wrote to Governor Sir G. Grey, in a Despatch dated 26th April, 1864,—"I conclude by expressing an earnest hope that the operations in which General Cameron has been engaged may have already terminated the war, and shall rejoice when I am able to congratulate you on having succeeded, by the wisdom of your measures and those of your Government, by the skill of that distinguished commander, and by the valor of the Queen's troops and seamen, in restoring the blessings of order and good government to the country intrusted to your care."

Mr. J. C. Richmond, the Native Minister, in his Memoranda enclosed with the petitions from members of the Ngatiraukawa tribe, says,—"An invading tribe the Ngatiraukawa, took possession, about 1830, of a large tract of country between Wanganui and Wellington, driving out the tribes which before inhabited it. After some years of slaughter and violence, the expelled tribes, the Ngatiapa and Rangitane, were suffered by the conquerors to return. They came back as slaves. * * * On the death of Nepia Taratoa, a Ngatiraukawa chief of great influence, who seems to have acted as moderator, differences as to their share of the rents grew violent. The Ngatiapa, fortified by the alliance of their powerful neighbours the Wanganui, claimed the whole of the rents for themselves and the Rangitane." Again he says,—"It is doubtful whether the quarrel might not be renewed if an extensive part of the block proportioned to their numbers were at present laid off for them. * * * It would be impracticable to make any award to the non-contents in this case which would not be challenged by the sellers; who, though they have parted with their own interest in the land, might view its occupation by the other natives with great bitterness. One side alleges conquest as its ground, the other the power to re-conquer. Both appeal to Christianity, one to clinch the status quo at the time of its introduction, the other to claim the restoration of territory then newly taken from them." He also says, in another of his Memoranda,—"I added myself * * * That he, Parakaia, knew that we could not put him in possession of his claims now, without bloodshed." (He might also have added that Parakaia knew that the Government had supplied his opponents, at their own request, with "guns and powder"). I may state that Ngatiraukawa did not want to be put in possession of their land, as they, and they alone had been in possession between thirty and forty years. (Mr. Richmond, in his Memoranda above, says,—"they took possession about 1830.") They page 42 only asked that they might be protected in their rights. Mr. Richmond must have forgotten he was dealing with the rights of a people of whom we find it written in a Memorandum by Ministers in 1860 in defence of the [unclear: Waita] war,—"The grand desire of the British colonists in respect of the natives, is to the Maori people rendered amenable, in their dealings, to British law. * * * That all the inhabitants of New Zealand should be subjected to the control of one equal law." Again, in a Memorandum by Mr. Weld in reply to Sir William Martin,—"The practical issue now is, whether the natives are peaceably to appeal to the justice of the British Government for the recognition of their rights, or whether, if they think those rights are infringed, they are to resort to force of arms." In Mr. Richmond's Memorandum—"One practical issue now being tried is, whether the natives are in future trust to the justice of the British Government for the recognition of their rights, or to force of arms." In "Article the Second" of the Treaty of Waitangi,—"Her Majesty the Queen of England confirms and guarantees to the chiefs and tribes of New Zealand, and to the respective families and individuals thereof, the full, exclusive, and undisturbed possession of their lands and estates, forests and fisheries, and other properties which they may collectively or individually possess, so long as it is their wish and desire to retain the same in their possession." "In Article the Third," "In consideration thereof, Her Majesty the Queen of England extends to the natives of New Zealand Her Royal protection, and imparts to them all the rights and privileges of British subjects." Again, in the instructions to Sir George Grey,—"You will honorably and scrupulously fulfil the conditions of the Treaty of Waitangi."^*

I beg to state that Mr. Richmond is wrong when he says the non-contents are about a tenth of the claimants. That I handed in to the Lands Court at Otaki a list, supplied to me by the natives, of some 800 names of men, women, and children of Ngatiraukawa who were opposed to the sale (Dr. Featherston in his speech speaks of 1000 claimants).^† Considering the many and various influences brought to bear against them, the only wonder is that so many of them held out so long. Eight of the tribes to whom Dr. Featherston paid the money at Parewanui were unanimous in favour of the sale. The same was the case with Ihakara and his hapu of Ngatiraukawa. Had Mr. Richmond, the Native Minister, studied the judgment given by King Solomon in the case of the two mothers with the one child, he might possibly have come to the conclusion that these people who held out to the last, only asking for a fair hearing of their claims, were the real owners of land, rather than those tribes who so stoutly insisted upon the sale, and who having (as Mr. Richmond states in his Memorandum) "alleged their

^* See Appendix, p. 4.

^† See Appendix, page 117.

page 43 power to reconquer," showed they had no right whatever as British subjects to the land. All these people asked was a fair hearing of their claims, and to be protected in their rights against men who had conspired together to deprive then of their property. The Governor of the country "appeals to their patriotism, is altogether conciliatory, and asks concessions as a matter of favour." "Give it up to Dr. Featherston." "Those tribes, Wanganui, Ngatiapa, and Ngatikahungunu, are angry because you refused to sell Rangitikei. I am grieved, very much grieved, about this Parakaia." The Native Minister—"I added myself * * * That he (Parakaia) knew we could not put him in possession of his claims now without bloodshed," enabling them thus, "from contrast, to see the advantages secured by being protected by British rale."

I trust you will extend your pardon to me, a native of New Zealand, when I say there are those in this country, good men and true, who are disposed to make some little excuses for the Maoris for having set up a King of their own, when they bear in mind the manner in which they had been mishonoured, or their government wholly neglected—many of them knowing nothing of the advantages of British rule, excepting only through their experience with the Land Purchase Commissioners. They are disposed to make little excuses for these people, on the grounds that they believe the letter disposed among them were honestly searching after some system of government for themselves, that the poor fellows were seeking for "Royal Protection."

I now beg to call your attention to Dr. Featherston's speech to his council,^* where he says,—"When I last met you, I announced that I had entered into an agreement with the various tribes claiming a title to the Manawatu-Rangitilei block, by which I hoped to set at rest the formidable land dispute which had for several years threatened the peace of the Province. After intimating that the great native meeting at Takapu, on the banks of the Manawatu, I had formally accepted the cession of the disputed block to the Crown as the only means of finally and for ever removing the cause of strife, I informed you that the final deed of surrender had yet to be executed, that it would require to be signed by between one and two thousand claimants, and that several important questions had yet to be settled—namely, as to what tribes the purchase money was to be paid, what proportion each of the tribes should receive, and what chiefs should be appointed to receive and distribute the money. It is satisfactory to me to be able to state that the deed of cession has been duly executed, nearly seventeen hundred claimants having signed it, and that the questions just adverted to have been finally and amicably settled." He also, speaking of

^* See Appendix, p. 95.

page 44 the meeting at Parewanui when he paid the purchase money to the nine tribes says,—"The Parewanui meeting in December last, probably the largest gathering of natives ever held in this Province;" and "I, nevertheless, felt that the alternative was one of peace or war, that if the meeting should break to without the completion of the purchase, the rival tribes would at once [unclear: ass] their conflicting claims by force of arms, and the whole of the West Coast district would be speedily plunged into a general native disturbance." (I may here state that the above is very different to Mr. McLean's of his quiet meeting with the Ngatiapa tribe, when he paid them the money for the block to the north of the river, after Ngatiraukawa had waived their claim^*). Dr. Featherston also says, (as showing how he intends to deal with any perverse Ngatiraukawa non-sellers),—"I stipulated, however, with the Ngatiraukawa chiefs that a liberal sum out of their share should be set apart for the outstanding claimants of that tribe, and this was accordingly done. Since the payment of the purchase money, upwards of one hundred and fifty of these (mostly remote) claimants have given their consent to the sale and signed the deed. There is, however, still a small number of Ngatiraukawa dissentients to whom, in the event of their persisting in their refusal to accept the sum set apart for them, it may be necessary to make an award in land to the extent of such claims as are admitted by the sellers."

At page 98 of the Appendix are articles from the Wellington Independent, in which are given the names of the nine tribes who were present at Parewanui when the purchase money was paid to the natives, viz., the Ngatiapa, Rangitane Ngatiraukawa, Wanganui, Muaupoko, Ngatitoa, Ngatiawa, Ngatikahungunu, and Ngatiupokoiri. It is also narrated how "Governor Hunia, as the representative of the Ngatiapa tribe and their allies, and Ihakara, as the representative of the Ngatiraukawa, headed a procession to the flagstaff, holding between them the tin case containing the Manawatu deed of cession, which they placed on a table at the foot of the staff." (No mention is made of the fact that neither Hunia nor Ihakara had any right to sell any portion of the country alluded to in the deed.) We are told how "the tribes then chanted a song of farewell to the land, with its forests and lakes, its cultivations and its fisheries, and parted for ever with it (according to their own expression) 'under the shining sun of the day.'" We are told how Dr. Featherston said,—"That before handing over the £25,000 in final completion of the Manawatu purchase, he had a pleasing duty to perform towards a chief who had taken an active part in the long, difficult, and tedious negotiations now successfully concluded. He was anxious to give Governor Hunia, in the presence of the assembled tribes, some token of his approbation.

He had decided in his own mind that the signet ring which he was about to present to him was the most appropriate token, because of its symbolic associations. It was hardly necessary for him to explain that in the holy institution of matrimony, the ring is the pledge or token of the solemn vows that are made at the altar; and that, in like manner, he desired to symbolize the establishment of a firm and lasting friendship between the Ngatiapa and Ngatiraukawa tribes. His Honor then placed the ring on Governor Hunia's finger with the words,—'Let this ring be a token that there is no longer [unclear: mity] between the tribes, and that henceforward they will live together on terms of mutual good will, in friendship with, the Pakeha, and in loyalty to our Gracious Queen! And, Governor Hunia, long may you live to wear it!'"

In the New Zealand Advertiser's report of the transaction we find,^*—"The principal if not the real, owners of the land, the Ngatiraukawa tribe, were conspicuous by their absence. * * * Probably when the history of the Manawatu purchase is written, it will be admitted that never has a Government so systematically countenanced an injustice, as this attempt at forcible purchase; and never have a body of men, supposed to be on the eve of rebellion, shown more patience in peaceably asserting their own rights than the Ngatiraukawa tribe."

I now beg to call your attention to a letter from Archdeacon Hadfield (now Bishop of Wellington), at page 100, and following pages of the Appendix, in which he furnishes some information concerning the rights of the tribes connected with the Rangitikei-Manawatu district, more particularly to those portions where he states, at page 102,—"In my opinion Ngatiapa had no kind of right to the Rangitikei-Manawatu block of land." Again, at page 103,—"But Ngatiraukawa resting on their clear and undisputed possession ever since the Treaty of Waitangi, &c." I would also call your attention to a letter from Wi Parata, a Member of the Assembly, at page 105; also to a letter from Rawiri Te Wanui on the same page; and more particularly to a letter at page 107;. addressed to the colonists of New Zealand, and signed Ngatiraukawa, which was published in the Wellington Advertiser. The letter concludes, "Cease from withholding the law."

I would call your attention to the Hon. Mr. Fox's very close and very peculiar connection with the Rangitikei-Manawatu purchase from first to last. In 1862 we find Mr. Fox with his colleagues, inducing the Assembly to exclude this block from the operation of the Native Lands Act. In 1864 we find Mr. Fox, the Minister, sending Dr. Featherston, the Land Purchase Commissioner, to arbitrate between the tribes. In 1868 we find Mr. Fox, the "coming man," appearing in Court against the natives. In 1869 we find Mr. Fox, the Premier, ordering a notice to be published in the Gazette, declaring the native title extinguished over the block;^* also writing to Dr. Featherston, thanking him, on behalf of the Government, for the great ability with which he had acquired "for colonizing purposes, one of the most valuable districts in the colony." Again in December, 1869, we find Mr. Fox, the Premier, com-

^* See Appendix, p. 129.

page 47 mended for his firm and decided action, when the unfortunate Miritana for interfering with the survey of his land was forcibly arrested, "handcuffed," and sent to prison.^*

I would call your attention to the following, which appeared in a published report of Mr. Fox's closing address for the Crown in the Native Lands Court at Otaki :—"When Rauparaha chose to subjugate a tribe, he knew well enough how to do it. See how he treated the tribes on the other side of the straits. Here is the description of a traveller there in 1840,—'As we proceeded, we found a party of aboriginal natives, they were made prisoners four or five years ago by Rauparaha and the Kawhia people. They have their residence at Titirangi at the entrance of Admiralty Bay, and are slaves to the Kawhia chiefs. These people received us with fear and trembling, holding their lives at the mercy of the chiefs, one of whom was with us. We encamped near them at night and found them very different from the free people we had seen. They are scarcely allowed to possess anything beyond the means of existence, and pay a heavy tribute yearly to their masters.' (Wakefield's Journal, Parliamentary Papers, 1844, Appendix).

"In 1846, I myself had the fortune to see the last miserable remnant of these victims of Rauparaha's strong arm when he chose to exert it. They were then reduced to some ten souls, who haggard, starved, and miserable, crawled out of the bush to the camp fire of our travelling party.

"How unlike the condition of the Ngatiapa as described in this Court by Nopera, who tells us that when they cursed a great chief of the Ngatiraukawa, by likening his sacred head to a pumpkin, he did not seek to avenge himself, because the Ngatiapa were an independent tribe, and co-equal with his."

Mr. Fox might have known that had the tribes been co-equal, the consequences would have been serious, besides which "great chiefs" were not in the habit of speaking in such a manner of one another. When I asked the natives the meaning of this, they said that Ngatiraukawa wanted Nepia to chastise Ngatiapa for their insolence, when Nepia said to his people,—"Did you ever see a big dog take any notice of the snarls of a little dog?" But Mr. Fox's meaning is plain,—that because Ngatiraukawa protected these people, and did allow Te Rauparaha to treat them as cruelly as he did the original tribes of the Middle Island, the land which Ngatiraukawa had reserved for themselves must be taken from them, and restored to the original possessors, and through them handed over to the Crown.

As showing the great unfairness to the natives by a man in Mr. Fox's position appearing in the Native Lands Court, I beg to call your attention to an extract from a speech of the Hon. Mr. Stafford's (then Premier) in the Assembly,

^* See Appendix, pages 144 and 155.

page 48 in 1867, wherein he states,^*—"He would tell the honourable gentleman that, so long as he had the honor to be one of the advisers of the Crown, be would take such action as circumstances might require, even if it should be to suspend the operation of the Judges of the Native Lands Court, whenever such a course was for the public interest—aye, even if the Judges were swept away altogether."

The Hon. Mr. Fox (who was at that time alluded to in all the newspapers in the Colony as the "coming man"), in an extract from his speech in the Native Lands Court at Otaki,^† gives as "grave reasons" why excessive liberality should not be exercised towards the claimants,—"A body of seventeen hundred natives, who affect to have sold the land in question to the Crown, watch with intense interest a decision which may vindicate their honor, or cover them with shame and confusion. The credit of the purchasing Government is no less at stake."

I beg to call your attention to extracts from Dr. Featherston's speech to his Provincial Council, at page 109 of the Appendix; also to the judgment of the Native Lands Court on the claim of Parakaia and others, to Himatangi a portion of the Manawatu-Rangitikei block.^‡ You will perceive that the Court, after finding that "the Ngatiapa-Rangitane, weakened by the Ngatitoa invasion under Te Rauparaha, were compelled to share their territory with his principal allies the Ngatiraukawa, and to acquiesce in a joint ownership," (passing by the fact that the Ngatiapa-Rangitane had already dealt with more of the country than having a regard to the peculiar circumstances and the numbers of the various tribes they were entitled to expect), proceeded to give judgment on the whole block, as follows :—"Our decision on this question of tribal title is, that Ngatiraukawa and the original owners possessed equal interests in, and rights over, the land in question, at the time when the negotiations for the cession to the Crown of the Rangitikei-Manawatu Block were entered upon," the Court thus awarding half the whole block to the Ngatiapa and Rangitane; (which added to the 500,000 acres they had already received made 625,000 acres given to them out of the Rangitikei, the Ahuoturanga, and Manawatu-Rangitikei blocks; and only half of the Manawatu-Rangitikei Block, to Ngatiraukawa; excluding at the same time all of the Ngatiraukawa tribe who were not in actual occupation, making it appear that the judgment was prepared rather with a view to meeting the requirements of the "public interests" than to doing justice with respect to the rights of the natives over a block of land for which the Government of the country had already paid some £25,000. (It should here

^* See Appendix, p. 112.

^† See Appendix, p. 113.

^‡ See Appendix, page 113.

page 49 be borne in mind that the country to the south of the Manawatu river, and Ahuoturanga block, belonged originally, more particularly to the Muaupoko tribe, who were almost exterminated by Te Rauparaha).

I now beg to call your attention to extracts from Dr. Featherston's speech to his Council (delivered two months after the judgment given by Chief Judge Fenton and Judge Mailing), which appear at page 115 of the Appendix. He says,—"Gratifying as it is, to be able to announce that this valuable block of land will shortly be at the disposal of the Province for colonizing purposes, it is not less so to be able to state that after a long and exhaustive investigation before the two ablest Judges of the Land Court, the Manawatu purchase has been completely vindicated, and that the statements thereon, which from time to time I have made to the Council, have been in every particular substantiated and confirmed."

"The decision of the Court is the more satisfactory considering that it was delivered by Judges specially named by the natives themselves, or by those acting for them; and Judges who, from their position and experience, were eminently qualified to adjudicate on so important a case."

(With respect to the above, I may say that there are only six Judges of the the Native Lands Court; that the case was heard at Otaki in 1868, before three of the Judges; and was re-heard in Wellington in 1869, before two of the three remaining Judges of the Court.)

Dr. Featherston also says,—"To show how complete is the vindication of the purchase, I would point out to you that not only are my published views, as to the tribal and territorial status of the Ngatiapa, confirmed by the decision on the the issues submitted to the Court, but that even in the details of my proposed arrangements with the Ngatiraukawa, the Court has completely endorsed the fairness and justice of my proposals. As I have previously informed the Council, there was a small number of bonâ fide Ngatiraukawa dissentients to whom I considered it necessary to make an award in land; to these non-sellers, I proposed giving 6,000 acres in full satisfaction of their claims, and it is a significant fact that, omitting the 200 acres awarded to Wiriharai—who was admitted by the Crown as an act of grace—this is the Exact aggregate quantity awarded by the Court to the several sections of Ngatiraukawa claimants. Apart from this, I may mention, that out of over a thousand claimants, only sixty-two were admitted by the Court, that being the exact number of recognised dissentient claimants whose names were, on a previous occassion, laid before you. I need hardly assure you that it is very gratifying to me personally to find the whole of my views upheld by the highest native tribunal."

Possibly you also may regard the above as very significant.

I beg to call your attention to the decision of the Court, delivered by His Honor Chief Judge Fenton on the issues in the Native Lands Court, in Wellington, 23rd August, 1869,^* when the claims of the Ngatiraukawa dissentients to the purchase of the Rangitikei-Manawatu block were heard in Court. Also to the judgment of the Court delivered by His Honor Judge Mailing, 25th September, 1869.^†

I would call your particular attention to the following, which appears in Mr. Mailing's judgment, at page 122,—"But what was no doubt fully as much in favour of the Ngatiapa tribe, and which may probably have been the cause of their not having been eventually subjugated, was the fact already noticed, that Rauparaha on his return from the north, after having invited the Ngatiraukawa to come down, had made peace with the Ngatiapa, thereby waiving any rights he might have been supposed to claim over their lands and indeed from that time for a long period afterwards, friendly and confidential relations undoubtedly were maintained between Te Rauparaha and his tribe, and the tribe of Ngatiapa, which were only broken off, more by accident than by design of either party, in consequence of a few men of the Ngatiapa having been killed in an attack made by the Ngatitoa and others on a fort belonging to the Rangitane tribe, in which these Ngatiapa men happened to be staying at the time, and whose death was afterwards avenged by the Ngatiapa, after which peace was again established between them and Te Rauparaha."

Mr. W. T. L. Travers, in his Life of Te Rauparaha, says, that after the attack above mentioned, made by Ngatitoa and others on a fort belonging to the Rangitane tribe, the Ngatiapa, with the Rangitane and Muaupoko. "led by Te Hakeke, fell upon the Ngatitoa, at Waikanae, during the night, killing upwards of sixty of them. * * * In consequence of this attack, Rauparaha and Rangihaeata became (to use the words of Matene Te Whiwhi), 'dark in their hearts in regard to Ngatiapa,' and resolved to spare no efforts to destroy them, as well as the remnants of Rangitane and Muaupoko."^‡ Mr. Travers, also states, that after this again, some 2000 warriors assembled between Otaki and Waikanae, consisting of men from some ten tribes, amongst them the Ngatiapa, from Wangaehu, Turakina, and Rangitikei; and attacked Rauparaha and his people at Waiorua, on the Island of Kapiti, when they were repulsed with great slaughter. That Te Rauparaha and his people after the battle, "lost no opportunity of wreaking vengeance on the Ngatiapa, Rangitane, and Muaupoko, the remnant of whom they ultimately reduced to the condition of the merest tributaries, many of the leading chiefs, including Te Hakeke, becoming slaves. It would be useless for me to give any thing like a detailed account of the incursions of the Ngatitoa into the country on

^* See Appendix, p. 119.

^† See Appendix, p. 120 et seq.

^‡ See Appendix, page 26.

page 51 the main land, often extending as far as Turakina, in which numbers of the original inhabitants were killed and eaten, or reduced to slavery."^* I may state that a full account of the fight at Kapiti, and subsequent expeditions of the Ngatitoa, was given in the Court before Judges Fenton and Maning; and that when Nopera, a Ngatitoa chief, and one of the principal witnesses for the Crown, was asked in Court,—"Did not Te Rauparaha, after the fight at Kapiti, make peace with the Ngatiapa?" he made answer (addressing the Interpreter),—"Young man, I have kissed the book, I must not tell a lie; there never was any peace made between Te Rauparaha and Ngatiapa."

Mr. Maning, by having entirely omitted all mention of the above facts, which are simply matter of history, and by having stated the very contrary, I submit, proves his judgment to be utterly worthless.

Mr. Maning also says in his judgment,—"The policy, however, of Te Rauparaha, has been evidently from the beginning, after having made the Ngatiapa feel his power, to elevate and strengthen them as a check on his almost too numerous friends, the Ngatiraukawa, who, were it not that they were bound to him by a great common danger, created by himself in placing them on lately conquered lands, he would never have trusted. * * * It is, however, sufficient that we have the fact, that, influenced by whatever motives, Te Rauparaha did not at any time give or grant any lands of the Ngatiapa estate, between the Manawatu and Rangitikei rivers, to the Ngatiraukawa tribe, nor is there any evidence to show that he ever acquired the right to do so."

The above, I submit, like a good many other statements in Mr. Maning's judgement, amounts to simply an inversion of facts. The Ngatiapa were certainly not aware themselves of Te Rauparaha's kindly intentions towards them. I may state that after Hunia Te Hakeke, the principal chief of Ngatiapa, had at request, given a full account of the murder of a number of the Ngatiapa, Rangitane, and Muaupoko, by Ngatiawa, at Wainui, I asked him "who instigated the Ngatiawa to murder these people?" when he replied with much warmth,—"It was Te Rauparaha." Mr. Maning's statement,—"It was the pride and pleasure of Raukawa to hunt and kill all helpless stragglers whom they might fall in with," I might be pardoned for saying, almost reads as though he himself took a "pride and pleasure" in displaying his animus against those natives who had the misfortune to be non-sellers.

When the Court in giving its decision on the first of the issues,—"Did Ngatiraukawa, prior to 1840, by virtue of the conquest of Ngatiapa by themselves or others through whom they claimed, acquire the dominion over the land in question, or any or what part or parts thereof?" says "No!" I

^* See Appendix, pages 27 and 28.

page 52 maintain the answer ought most certainly to have been "Yes!" And I respectfully submit that it would be impossible to make use of the English language to convey a more erroneous or utterly false impression to men's minds, than the following concluding statement in Mr. Mailing's judgment, "And the Court finds also that the Ngatiraukawa tribe has not, as a tribe acquired any right, title, interest, or authority, in or over the block of land which has been the subject of this investigation".

I have the honor to state, that some time after the judgment given by Judges Fenton and Maning, on the claims of the Ngatiraukawa dissentients, after one native had been sent to prison, and two others fined for interfering with the surveyors, the Hon. Mr. McLean, Native Minister, went up to the Manawatu-Rangitikei country, at the urgent request of the Wellingtons Provincial Government; and that he then induced those of Ngatiraukawa who had been admitted by the Court with the three hapus occupying the inland portion of the block, and whose claims had been entirely ignored by the Court, to agree to some compromise. It should be borne in mind that this was done after several years of litigation and contention—after the Commissioner and the Court had decided against them—after they were thoroughly wearied out, and ready to take almost anything that might be given to them. As Mr. McLean is a gentleman supposed to be thoroughly acquainted with the history of all the past transactions with the tribes on the West Coast, and moreover, the gentleman who purchased 8,000,000 acres of country in the Middle Island, from the conquering chiefs residing on both sides of Cook Strait, his having been selected by the Government to use his position and influence with these "conquering chiefs," to induce them to compound their wrongs, was no doubt a very wise selection. And I may add, that Mr. McLean gave the natives a few thousand acres over and above the land that had been awarded to them by Dr. Featherston and the Court—and that the only question now before the Assembly, is, whether the General on Provincial Government shall bear the loss of the land given to the natives by Mr. McLean.

I beg to call your attention to a report, at page 153 of the Appendix, of the slaughter on the Manawatu-Rangitikei block, of upwards of 400 sheep the property of a Mr. Gotty—and to the fact that this occurred some fifteen months before the proclamation was issued in the Gazette, notifying that the native title was extinguished over the block. I may state that the natives in formed me at the time that Dr. Featherston ordered the sheep to be killed; and two gentlemen who happened to be riding past, and saw the Ngatiapa engaged killing the sheep in a most cruel and brutal manner, state, they were told by the Ngatiapa men themselves, that Dr. Featherston ordered them to kill page 53 the sheep. It also appears from the newspaper report, that Dr. Featherston as the chief mover. There can be no doubt, that had it not been for the great patience and forbearance displayed on the occasion by the Ngatiraukawa people, the consequences might have been very serious. And it appears passing strange that this should have occurred within a few miles of the capital of the Colony—shortly before the Assembly met in Wellington—and upon a block of land which the Ngatiraukawa tribe had always believed to be theirs but which the Government of the country had been compelled to phase from a great number of tribes, "as the only means of avoiding an after-tribal war," and that no notice whatever should have been taken of such a very remarkable transaction by the Government. Mr. Gotty lost his sheep; the Ngatiapa were again triumphant; and the Ngatiraukawa had once more a submit to grevions insult and oppression.

Dr. Featherston, in his speech to his Council, one month after the native title had been declared to be extinguished over this block, says,—"I regret to a form you that the same parties by whose unprincipled opposition the settlement of this question has been so long delayed, and the peace of the Province so repeatedly jeopardised, are still persisting in their attempts to excite the native to prevent the survey of the land. Until these parties find themselves liable to the pains and penalties of the Disturbed Districts Act, as I trust they shortly will, it is hopeless to expect them to cease from their vile intrigues." It is worthy of note that the "parties" by whose "vile" proceedings the "peace of the Province was jeopardized" upon this occasion (but who were not "liable to the pains and penalties of the Disturbed Districts Act)," It the very same who were the chief actors in the interesting scene enacted at Parewanui, shortly before the money was paid over to the nine tribes in the interests of peace. But Dr. Featherston, and his interesting "protégé" would appear, like many before them, too soon to have forgotten their matrimonial vows, and from—"Let this ring be a token that there is no longer enmity between the tribes, and that henceforward they will live together on terms of mutual good will, in friendship with the Pakeha, and in loyalty to our Gracious Queen! And, Governor Hunia, long may you live to wear it!"—too soon to have descended so low, so very low, as even to "cutting the throats" of upwards of 400 innocent and unoffending sheep, when in charge of Ngatiraukawa. I am happy to be in a position to add that Governor Hunia still "lives to wear" the ring.

I beg to call your attention to extracts from the Wellington Independent, at pages 154 and 155 of the Appendix, giving an account of the arrest of Miritana, a Ngatiraukawa chief. I may state that the history of this man (a British subject) is a remarkable one. When a savage, he, with his people, page 54 protected the Ngatiapa against Te Rauparaha and others who wished them all to be exterminated. Some years after the colonization of the country, he and his people, formally restored to their old slaves and subjects, the Ngatiapa, upwards of 250,000 acres of fine country; an act of generosity which caused the Commissioner, Mr. McLean (now the Hon. D. McLean, Native Minister to "express his gratification at the generous manner in which Ngatiapa acted, more particularly in not accepting any of the purchase-money, of which Ngatiapa had previously expected them to take a large share;" and the Hon. Mr. Fox since to exclaim,—"I am amazed at the generosity of these people they have given up large tracts of country which they might have sold themselves, and taken all the purchase-money." In process of time, a certain Superintendent of a Province, with their old slaves again, covet the land of this man and his people. When the Government of the country (a country in which there had previously been a large outpouring of British and Colonial blood and treasure—in which whole tribes had been expelled from their homes, numbers of them slain, and millions of acres of their land confiscated to the Crown, avowedly for the purpose of asserting the supremacy of law), purchases the land of this man and his people from their old slaves and several other tribes, as the only means of "preventing bloodshed," and "avoiding an inter, tribal war." The poor man, not exactly accepting the measure as one of "the advantages secured by being protected by British rule," attempts to interfere with the survey of his land, when he is at once forcibly arrested, "handcuffed," and sent to prison; and we find the Premier, the Hon. Mr. Fox, highly commended for his "firm and decided action" in the matter.

I beg to call your attention to letters at page 155 and following pages of the Appendix, from Ngatiraukawa natives, who lost their land in the Manawatu-Rangitikei Block; asking me to try and do something for them. Also, to a letter at page 155, from the Native Office, informing them that no land will be given to them out of the Rangitikei-Manawatu block.

With respect to the letter from Rawiri Te Wanui, of the Ngatimaeotaki, hapu of Kingi Te Ahoaho, I beg to state that Kingi Te Ahoaho was a leading man of the Ngatiraukawa tribe, who took a prominent part in the discussions when the land to the north of the Rangitikei river was handed over to Ngatiapa. That for several years after the tribe took possession of this country, Kingi, with his hapu, occupied land on both sides of the Rangitikei river. That in 1839 they were engaged in a war with the Ngatiawa tribe near to Otaki; that after peace was made, Kingi, with his hapu remained at Otaki, that they might be near to the residence of Mr. Hadfield the missionary; that since that time they were constantly in the habit of returning to their land and exercising rights of ownership. That the Ngati- page 55 raukawa tribe have always admitted their right to the land they claim. That Bishop Hadfield, Matene Te Whiwhi, and others, have told me that they had a perfectly clear and good title. There can be no doubt that they were, in 1810, and until lately, the acknowledged owners of the land. These people say—"We none of us gave our consent to the sale of the land; nor did we receive any of the money; nor did we sign our names to Dr. Featherston's leed of purchase of that land." Yet every acre of their land situate near to the mouth of the Rangitikei river, and amounting to 18,600 acres, has been taken from them. One of the grounds for taking their land from them is because they did not occupy it. But the Government did not apply that rule of the right of the conquering chiefs over the lands of the Middle Island; nor has such a rule been applied elsewhere with respect to the greater portion of the Maori lands. The Government would, I imagine, have as good a right to confiscate all the land in New Zealand the property of absentees, as to take these people's land from them. There can be no doubt that they have always considered the land to be theirs, and that they have lost it.

Hare Hemi Taharape, who writes on behalf of himself and 50 men, women, and children; also Akapita Te Tewe, who writes on behalf of himself and 25 others; have claims on the block, which were admitted by Ngatiraukawa when the Court sat at Otaki; by the decision of the Court, that non-residents had no claims, they were thrown out. The same was the case with the Ngati-wehiwehi hapu, whose statement appears at page 158. They were admitted by the Ngatikauwhata hapu, one of the hapus who were admitted by the Court, to be joint owners with them of the land near the Orua river.

At page 156 is a letter from the three hapus known as Parakaia's hapus, the owners of the Himatangi block; the title to which was investigated at Otaki, when I acted as their agent, and when (though these people, and they alone, were in occupation of the block, and though this block adjoins the Awahou block, sold exclusively by the Ngatiraukawa), half the block was taken from them and they were awarded some 5000 acres. What their position is at the present time with respect to this land I cannot make out, nor do they seem to know themselves. Dr. Featherston, in his speech to his Provincial Council, 22nd November, 1869, says,^*—"And it will scarcely promise you to be informed that the block of 5000 acres which was awarded Parakaia and his hapu by the Otaki Court, and which he neglected to take up within the period prescribed by the Act, thereby allowing the award to lapse, reverts to the Crown under the subsequent judgment of the Court, which excludes the Ngatiraukawa, except the three resident hapus, from the country lying between the Rangitikei and Manawatu rivers." Whatever may

^* See Appendix, page 116.

page 56 be the intentions of the Government with respect to these three hapus and their land, I have no hesitation in saying that there would be no difficulty in proving before any impartial inquirer that they have an undoubted right to the whole of the Himatangi block of some 11,000 acres.

At page 157 of the Appendix is a statement from Henere Te Herekas of the case of three hapus of Ngatiraukawa—Ngatipikiahu, Ngatitu wharetoa, and Ngatimaniapoto. It appears that some of these people had been in occupation of some country further inland, when, on account of some disturbance with natives of another tribe, Ngatiraukawa sent for [unclear: them] and gave them part of the Manawatu-Rangitikei block, amounting to 20,000 acres, and that others of Ngatiraukawa joined them there. That this occurred in 1846, two years before the Rangitikei block was handed over by Ngatiraukawa to Ngatiapa. There are 250 of these people, men, women, and children, and though they received all the money on account of their leases, and none of them joined in the sale of the block to Dr. Featherston, their land has all been taken from them, with the exception of 3000 acres since returned to them. I may state that I went into the particulars of their case when at Otaki, attending the Lands Court, and that I believe them to have a perfectly good claim to the whole of the block of 20,000 acres.

With respect to the three hapus who were admitted by Chief Judge Fenton and Judge Mailing—the Ngatikahoro, the Ngatiparewahawaha, and the Ngatikauwhata—I beg to state that they were the owners of the greater portion of the block; that many of them signed the purchase deed; that many again did not, but opposed the sale throughout. What proportion those who signed the deed bear to those who did not sign, I am not in a position to state, not having discussed the question with them since the Court sat at Otaki, more than five years since. But in all fairness, I submit, it should be borne in mind the circumstances under which their signatures were obtained. It will, I believe be admitted that nothing tends more to unsettle the minds of these people than having their title to their land disputed. The country originally belonged to the Ngatiapa and Rangitane tribes (the country south of the Manawatu river more particularly belonged to the Muaupoko). The Ngatiraukawa tool possession years before the date of the colonization, at the time when the Ngatiapa and Rangitane were entirely unable to occupy it themselves, and subsequently allotted to the original possessors a very liberal share, which they afterwards sold to the Government. The original possessors, now backed by the Wanganuis, and armed with Government rifles and ammunition, claim the portion reserved by Ngatiraukawa for themselves, and are determined to effect a sale. The Government of the country recognize the claims of the original possessors and of other tribes, and are equally determined to effect a page 57 purchase, and to allow no investigation into the question of title; besides which the rents are impounded. Some of the Ngatiraukawa, who have themselves to land in the block, having already sold their land between the rivers, agree to the sale; others again join because they are weary of the whole question, and anxious at almost any sacrifice to effect a compromise; one principal chief, Tapa Te Whata, with his immediate followers, signed under promise of large reserves, which he afterwards told me he never received. Another chief, Horomona Toremi, because he had quarrelled with his people; others signed the deed and took a portion of the purchase money, having been told,—"All the tribes have met together, and sold the whole of the land to the Queen, whether you take the money or not, the land is gone." (Atareta, daughter Nepia Taratoa, principal chief of that country, in her letter at page 70 of the Appendix, says,—"I never signed my name to Dr. Featherston's deed of purchase, and all that has been given to me is one hundred acres.")

The tribe finds in array against it the Governor of the country and his Ministers, as shown by the Despatches and Memoranda, the General Assembly, the Superintendent of the Province, with the great body of settlers, who are, naturally enough, anxious to obtain the land; also, the original possessors and the surrounding tribes, who, having been crushed or defeated in former years by Te Rauparaha and his allies, are now, twenty-seven years after the [unclear: lonization] and armed with Government rifles and ammunition, anxious to achieve a great triumph over the Ngatiraukawa people.

The question, as to whether or not it is advisable that they should be allowed to retain more land in their possession than they can properly make of themselves, I submit, is wide of the question as to the justice or otherwise of the manner in which they have been dealt with. There are many Europeans who own large tracts of land in the country, but who make very little use of it. The land of these people was excepted from the operation of the Native Lands Act. They have shown themselves disposed to be liberal, both by their treatment of the original possessors, and by their willingness to lease their lands. The question should be, have they been treated, as they had a right to be treated, as loyal and peaceable subjects of the Queen of England? If not, then. I submit, another question naturally suggests itself, how far a purchase of their lands effected under such circumstances, has any fair right to be recognised as a purchase at all.

I beg to call your attention to letters and telegrams at page 133, and following pages of the Appendix, relating to the Horowhenua disturbance, extracted from a number laid before the Assembly. Also, to articles from the Evening Post and Wellington Independent, newspapers published in Wellington, as page 114 and following pages. Also, to the judgment of the Lands Court page 58 on the tribal title to the land lying betwen the Kukutauaki stream and the Manawatu River.^* Also to the judgment on the smaller Horowhenua block.^†

I beg to call attention to letters addressed to myself^‡ from some of the owners of those portions of the Horowhenua block marked No. 2 and 3, which were taken from Ngatiraukawa and given by the Court to Muaupoko, headed by Major Kemp and Governor Hunia, in addition to their own portion marked No. 1. Watene Tiwaewae gives a plain statement, in his letter, of their case from first to last. The facts are simple. After the judgment given by Chief Judge Fenton and Judge Maning on the title to the Manawatu-Rangitikeri block, in 1869, the Muaupoko, at the instigation of Hunia, chief of the Ngatiapa, and wearer of the ring, began to lay claim to land in possession of Ngatiraukawa; in 1870, Hunia again went to Horowhenua, armed, and made a disturbance, building a large house called Kupe on land belonging to Ngatiraukawa. The matter was then investigated by a number of chiefs from different tribes, who decided that the Muaupoko boundary should be removed so as to include the house Kupe, the Ngatiraukawa giving up a portion of their land. In 1871, Hunia and Major Kemp went again armed to Horo-whenua and built a fighting pa, and burnt down some of the houses occupied by the Ngatiraukawa people, destroying some of their fences and crops, and behaving in the most insulting manner; and afterwards laid claim on behalf of five tribes—the Muaupoko, Rangitane, Ngatiapa, Wanganui, and Ngatika-hungunu (the tribes who were vanquished by Te Rauparaha and his allies, and who lately sold the Manawatu-Rangitikei block)—to the whole of the land left in the hands of the Ngatiraukawa. When the Court, after long delay, sat at Foxton to investigate the title, they were with much difficulty induced to come into Court. On 4th March, 1873, the Court gave judgment on the large block, that sections of the Ngatiraukawa tribe (together with Ngatitoa and Ngatiawa, whose joint interest was admitted by the claimants), had acquired rights over the said block (with certain exceptions),—"That such rights were not acquired by conquest, but by occupation with the acquiescence of the original owners," amounting to a decision that the original possessors had never been conquered. The Court afterwards, in giving judgment on the Horowhenua block, gave to Muaupoko, headed by Kemp and Hunia, in addition to their own portion marked No. 1, the portion of the Horowhenua block marked No. 2,—which originally belonged to Te Whatanui, the man who saved these people—and the portion marked No. 3, belonging to two other hapus of Ngatiraukawa; land which had been in their possession for upwards of 40 years. Governor Sir G. Grey, in one of his despatches to Her Majesty's Government, says,—"I ought to mention to your Grace that I believe I was

^* See Appendix, p. 145.

^† See Appendix, p. 148.

^‡ See Appendix, p. 159, et seq.

page 59 the first to recommend the forfeiture of lands by those natives who took up [unclear: arms] against us, and I did so for the following reasons :—Because such a proceeding is in conformity with their own customs. It will affect lands of those who have forced us into war, and leaves secure to the native owners who have remained at peace, their large landed possessions in other parts of the island. They will thus, from contrast, see the advantages secured by being protected by British rule, &c."

I submit that there could be no plainer condemnation of the course pursued if the Government in purchasing the Manawatu-Rangitikei block from the Ngatiapa and others, and of the judgment given by Chief Judge Fenton and Judge Maning in the Native Lands Court on the tribal title to that block, the subsequent behaviour of these men at Horowhenua. The title of the Ngatiraukawa was in both cases the same; as Mr. Travers says, at page 11 of the Appendix,—"Properly founded upon a complete conquest, followed by occupation, as of right, clown to the date of the colonization." The manner in which these miscreants are treated bears a strong contrast to the manner in which the Ngatiraukawa people have been treated by the Government throughout, as shown also in the case of the forcible arrest of Miritana. The Wellington Independent, in an article upon the disturbed Districts Act, at page 153 of the Appendix, says,—"The terms of this Act are threatened to the Maoris and Pakeha-Maoris who are resisting the survey of the Rangitikei-Manawatu block. If Maoris submit their claims to the judgment of a Court, they ought to be prepared to abide by its decision; but if they will not do this, we must simply make them. This is just the time when the Government can act with decision and authority. Inspector Brannigan and 100 men ought to be able to seize all the suspected persons on the Manawatu block in twenty-four hours." These men go to Horowhenua with Government arms, they build a fighting pa as a challenge to Ngatiraukawa, they burn down their houses, break their fences and root up their crops; and all that is done to them, the Native Minister, to mollify them, does his best to have Watene removed from home of his fathers, because, as Mr. Clarke says in his telegram to the Hon. D. McLean at page 140 of the Appendix,—"He is a cause of irritation to Hunia and Kemp;" the Court gives a judgment which amounts to a decision that they had never been conquered, and afterwards awards them land to which they had no manner of right whatever. If loyal and peaceable natives do not, most undoubtedly these men have been enabled "from contrast, to see the advantages secured by being protected by British rule."

I beg to call your attention to the letter at page 133 of the Appendix, from Matene Te Whiwhi and 36 others to the Native Minister, complaining of the conduct of Hunia and the Ngatiapa at Horowhenua, and praying that the page 60 Government guns may be taken from them; they say,—"It is through his having possession of those guns that Kawana Hunia is so arrogant." Also, to letters at page 135 of the Appendix, from Hunia and the Muaupoko to the Native Minister, suggesting that the dispute should be left to the Maoris Hunia says,—"If any man of the Muaupoko is touched by the Ngatirauka, Te Kepa (Major Kemp) and I will turn our eyes in that direction." Also to the letter at page 134, from this same Major Kemp to the Hon. Mr. Fox, in which he asks the Premier to interfere and stop the survey at Horowhenua by Ngatiraukawa and Ngatitoa,—"Lest trouble should arise amongst us, and the negotiations with the King party be interfered with; and that we may be free to define a policy relative to the King movements, either of peace or war."

Watene says in his letter,—"Horowhenua was then (1870) investigated by chiefs of certain tribes; that runanga decided that the house Kupe should be the boundary. After that investigation, Kemp and Hunia came, in 1871, with their people and burnt my house, which was occupied at the time, and injured the head of a woman; they came with guns in their hands, and build a pa." The Evening Post, in an article dated 5th June, 1873,^* says, The matter at one time was referred, by mutual consent, to the arbitration of a number of tribes which assembled at Horowhenua for that purpose, on which occasion a block was awarded to the Muaupoko, about half the area of that given to Kemp by the Native Lands Court. This would have been accepted by the Muaupoko proper, but Kawana Hunia and Kemp refused to abide by the decision, and extending their claims to the whole coast became more clamorous and unreasonable than ever. They persisted (as they themselves state) in their resolution to maintain their claims by force if necessary."

The Evening Post, in an article dated 10th July, 1872, says,^†—"The conquerors have been, until recently, in uninterrupted occupation of the district. But the effects of civilization have combined to put the conquered occupiers on sufferance, and claimants by ancestry, in a position of equality, if not of superiority, to the occupiers and claimants by conquest.

Only in the middle of last year, some of the discontented conquered used force to dispossess Watene and some other descendants of the conquerors from the birthplaces and the burial-places of their fathers. A Major in the Colonial army Kemp, and Governor Hunia, a protégé of Dr. Featherston, were at the head of this raid, both of them directly aiding and abetting in the burning of a house and the beating and otherwise ill-treating of a woman, and in pulling her out of a house in which she declared she would stay until she was burnt in it.

Government and parliament were both appealed to in vain." The Evening Post [unclear: tions] this again in its article at page 151. The Wellington Independent, in its article at page 149, also alludes to this.

In several of the letters and telegrams, mention is made of the houses having been burnt, and of these people having their guns with them. In No. 36, mention is made of the fences having been broken, and the potatoes [unclear: oted] up. The Native Minister, in his reply to telegram No. 39, from Matene Te Whiwhi, informing him of Watene's house having been burnt by Hunia and Kemp, and that they went there with guns in their hands, says,—It is natural that you should be distressed on account of this work of burning the house." Mr. Knox, in his telegram No. 44, to the Native Minister, says.—Hunia has a strong determination not to allow Ngatiraukawa to have any claim to the Horowhenua district, and is prepared to prevent occupation of the disputed land by force of arms." Major Edwards, in telegram No. 48, says.—"Hunia boasts he will take the land, and hold it, by force of arms." In his letter No. 55, he says,—"That Ngatiapa is much better armed than Ngatiraukawa, added to the wish of the latter to keep the peace, and trust to the law alone for protection, has been the cause of their remaining passive under the great provocation they have received." Whilst the Native Minister, in his telegram No. 45, to Matene Te Whiwhi, says,—"I have written a letter to Te Keepa and Hunia, telling them they are not to fight. I am waiting for their answer;" Major Kemp and Hunia tell Major Edwards, in telegram No. 51, forwarded for the information of the Native Minister,—" We will continue to wait for the consent about the boundaries. That the disputed boundaries lire to be left unoccupied. A word omitted : If the Ngatiraukawa do not consent to the arrangement about the boundaries, I suppose that will put an end to the purpose you came for." The Hon. D. McLean, in reply to Major Kemp, says,—"It will be right for both you and Kawana Hunia to respect the law, so that the people may be saved."

Mr. Clarke, in telegram No. 96, to the Native Minister, says,—"If I could only get Watene to leave Horowhenua, the natives would quiet down, as he is a cause of irritation to Hunia and Kemp." Hunia and Major Kemp, in telegram No. 109, to the Native Minister, say,—"By this our minds are disturbed and disordered. You said you would be strong to remove Watene from off disputed land." The Native Minister, in telegram No. 114, to Major Kemp, says,—"I have spoken to Matene Te Whiwhi and Tamihana about Te Watene." In No. 115 to Mr. Clarke, he says,—"Use your endeavours with Ngatiraukawa, for Te Watene to remove from Horowhenua for a time." On the other hand, Hohuate Te Ruirui, in letter No. 98, to the Hon. D. McLean, says,—"But let the Government be strong in asking these persons page 62 who carry guns, build pas, burn houses, and cause all evil by their thoughts, to move."

The only natives having any interest in this land, are the remnant of the Muaupoko, and the Ngatiraukawa. Yet Hunia and Major Kemp, in their telegram No. 107, to the Native Minister, say,—"We have settled about going to Wellington. Meeting of Wanganui, Ngatiapa, Mangawhero, Ngarauru, and Apokoiri, have agreed to this. On Mete's return from up-river, principal chiefs will be chosen to go to Wellington—30 or 40 in number. Will the Assembly be long sitting? When will it be over? Please reply to-day, for my consideration." The Native Minister, in his reply (Ko. 114) says,—"In a fortnight's time I would be better able to see you and the Wanganui chiefs." In telegram No. 130, "From all the Council of Wanganui," they say,—"You would not like 400 of the Wanganui to come to Wellington; this is the reason we ask you to come here."

I may state that I have been told of the strange behaviour of Hunia and Major Kemp when the Court was sitting, or rather endeavouring to sit, at Foxton; but I prefer quoting from the newspaper report. The Wellington Evening Post, of date March 10, 1873,^* says,—"From the violent and continued opposition offered by the five tribes, represented by Major Kemp and Kawana Hunia, to the claims of the Ngatiraukawa people, and their attempts to interrupt the proceedings of the Court, some considerable apprehension existed that, in the event of a decision adverse to their interests being given by the Court, &c. At that time the natives in opposition strained every nerve to get the Court adjourned indefinitely. Threats, intimidations, and every imaginable artifice was adopted by them; but all to no purpose." Again, in an article of date 24th March, 1873,^†—"Some of whom wearied the Court for four solid days, and in one case, we are informed, the witness spun out his story for nearly five days; calling to mind facts of which he personally knew nothing, but had derived from the mere hearsay of his ancestors and his own invention." Again,—"We are informed on good authority that Kemp and his followers, who are in possession of Government arms and ammunition, threatened to use them in the event of matters proving unfavourable to them." At the conclusion of the article,—"In order to please a few men, whose claims are merely those which were admitted by generous conquerors, and who now believing themselves to be backed and supported by Government, are endeavouring to accomplish their ends by threats of violence."

The Evening Post, at the conclusion of a very ably written article upon these questions, of date 5th June, 1873,^‡ speaking of the Horowhenua judgment, says,—"Even Major Kemp is not satisfied, although he has been

^* See Appendix, page 146.

^† See Appendix, p. 147.

^‡ See Appendix, p. 151.

page 63 awarded a large block of land, upon the greater portion of which none of his [unclear: estors] or relations have resided for a period beyond the memory of the [unclear: est] settler; it having been continually occupied and cultivated by Ngatiraukawa, since their migration to this coast."

At page 145 of the Appendix is a copy of the judgment of the Court upon the question of the tribal title to the land lying between the Manawatu river the north, and the Kukutauaki stream on the south. The statement that appears in this judgment with respect to the title of Ngatiraukawa, "that such rights were not acquired by conquest, but by occupation, with the acquiescence of the original owners," is very similar to Judge Mailing's Statement in his "elaborate and interesting judgment" on the Manawatu-Rangitikei block, where he says the Ngatiraukawa "made a quiet intrusion [unclear: ra] to the lands of the Ngatiapa."

At page 148, is the judgment of the Court on the Horowhenua block, Ngatiraukawa appearing as claimants, and the Muaupoko as counter-claimants; and the judgment of the Court in favor of the counter-claimants.

Among the reasons for giving judgment in favour of the counter-claimants, "We find that Muaupoko was in possession of the land at Horowhenua when Te Whatanui went there, that they still occupy these lands, and that they have never been dispossessed of them."

Mr. Travers finds otherwise in his story of Te Rauparaha;^* he says,—"In lie words of Te Kepa Rangihiwinui (better known as Major Kemp), son of Tunguru, one of the chiefs of the Muaupoko, who had been concerned in the [unclear: urder,]—'Whatanui took them under his protection, and promised that nothing should reach them but the rain from heaven;' meaning that he would stand between them and the long-nursed and ever-burning wrath of Te Rauparaha, The latter unwillingly yielded to the wishes of his great kinsman, and from that time ceased directly to molest these unfortunate people, who were suffered again to occupy part of their original territory in the neighbourhood of Lake Horowhenua; not as a tribe, however, but simply in the character of tributaries, if not actual slaves, to Whatanui. In the words of Matene Te Whiwhi,—'Rauparaha was anxious to exterminate Muaupoko, but Whatanui interfered. Some had been taken prisoners, but others were living dispersed in the mountains. When they came to Horowhenua, they came like wild dogs; if they had been seen, they would have been caught and killed.'" The Ngatitoa chiefs, in their statement at page 37 of the Appendix, say,—"Ngatiraukawa now made peace with these people, with Muaupoko, Rangitane, and Ngatiapa, and now for the first time they came down from the trees up the mountains." Tamihana Te Neke, at page 38, says,—"When

^* See Appendix, pp. 33, and 34.

page 64 that party arrived, there were no people dwelling on this coast only shags and sea-gulls on the sea beach. The remnants of the inhabitants had fled to the mountains. That party came to Waikanae; they then returned and occupied the coast, because it was clear, those of the former inhabitants who had escaped having tied to the forest." Mr. Kemp in his report,^* speaking of Horowhenua says,—"It is also interesting in skirting the lake to see the remains of the old pas, and to hear the accounts given of the manner in which they were attacked and destroyed by Te Rauparaha." There can be no doubt that before Te Whatanui settled at Horowhenua, the pas of these people were all destroyed, and the remnant of the tribe, men, women, and children, were all living in the forest in terror of their lives; the poor creatures had then no Government rifles and ammunition.

We also find in the judgment,—"The claimants appear to rely principally on the residence of Te Whatanui at Horowhenua, and there can be no doubt that at the time when that chief took up his abode there, the Muaupoko were glad to avail themselves of the protection of a powerful Ngatiraukawa chief against Te Rauparaha, whose enmity they had incurred. We find further, that Te Whatanui acquired by gift from Muaupoko a portion of land at Raumatangi." That a Maori chief, in those times (as Judge Mailing says) of rapine, violence, and war—when men could only preserve their lives, and the trifling amount of property which, under such a state of things could exist, by a constant exhibition of military strength—should be in a position to protect the unfortunate Muaupoko against a man like Te Rauparaha, "whose enmity they had incurred," and at the same time be in a position to "acquire by gift from Muaupoko a portion of land at Raumatangi" may appear (as Judge Mailing also says) a strange inconsistency to Europeans not much acquainted with the peculiarities of Maori thought and action. I may here state that the rightful owners of sections No. 2 and 3, Horowhenua block are not the Owners of Raumatangi.

The Court further finds—"It would appear that Te Whatanui took the Muaupoko under his protection, and that he was looked up to as their chief; but it does not appear that the surrender of their land by the Muaupoko was ever stipulated for as the price of the relations which subsisted between that tribe and Te Whatanui." Te Rauparaha, with the Ngatitoa and Ngatiawa chiefs, were able to sell millions of acres of the Middle Island. No original owners have risen up in Court, or otherwise, to oppose their claims to their land from south of Wellington to the Kukutauaki stream. The Hon. Mr. Fox tells us, in his closing address for the Crown, in the Native Lands Court at Otaki,—"When Rauparaha chose to subjugate a tribe, he knew well enough

^* See Appendix, p. 44.

page 65 how to do it. See how he treated the tribes on the other side of the Straits. It In 1846, I myself had the fortune to see the last miserable remnant of these victims of Rauparaha's strong arm, when he chose to exert lit. They were then reduced to some ton souls, who, haggard, starved, and miserable, crawled out of the bush to the camp fire of our travelling party." Te Whatanui, with Ngatiraukawa, acted differently, and with a different result.

At the conclusion of the judgment, we find it recorded of Te Whatanui; the man of whom Mr. Wakefield tells us^*—"While he is known as a renowned leader in war, he has also the reputation of great mildness and justice;" the man who, Major Kemp himself tells us, promised the Muaupoko, "that nothing should touch them but the rain from heaven;" the man whose word went forth—"Cease to kill; let the remnants be saved;" the man of whom the Muaupoko themselves told the Reverend Samuel Williams,—"It was not the missionaries but Te Whatanui who first brought to us glad tidings of salvation;"—we find it recorded of him in a Christian Court of Justice,—"We consider that his claim at Horowhenua will be fairly and substantially recognized by marking off a block of one hundred (100) acres at that place, for which a certificate of title may by ordered in favour of his representative;" respecting which 100 acres, we are told—"The greater portion of that land is swamp; it is not a fit place for the habitation of man;^† thus clearly showing the case of this people,—the owners of No. 2 and 3 sections, Horowhenua block that their fathers having been merciful to the prostrate when savages, was the cause of their own ruin when under Queen Victoria's rule.

On behalf of these people, I pray Her Majesty's Government to grant a searching investigation into the question as to the condition and position of these various tribes at the time the Treaty of Waitangi was signed (in 1840), viz., of the Ngatitoa, the Ngatiawa, and Ngatiraukawa on the one hand; of the Ngatiapa, the Rangitane, and Muaupoko on the other; also, into the question as to whether or not it be true that Te Rauparaha wished the latter tribes to be exterminated, and that no peace should be made with them, but that Te Whatanui, with Ngatiraukawa, protected and saved them; also, into all the circumstances attending the sale to the Crown of the Rangitikei block, the Upper Manawatu or Ahuoturanga block, and of the Awahou block; also into all the questions in connection with the illegal leases granted by the natives over the Manawatu-Rangitikei block; also, into the whole question of the purchase of the Manawatu-Rangitikei block, and the correctness or other wise of the judgments of the Native Land Court on the tribal title to such block;also into the conduct of Major Kemp, a major in the Colonial army, in going

^* See Appendix, p. 16.

^† See Appendix, p. 160.

page 66 with armed men to Horowhenua, building a fighting pa, and burning down the houses of peaceable men of the Ngatiraukawa tribe; also, into the question as to the correctness or otherwise of the judgments of the Court on the tribal title to the Manawatu-Kukutauaki block, and the title to the smaller Hon whenua block; and if after due inquiry it should be found that injustice has been done to these people, to grant that such reparation and restitution may be made to them as may appear to Her Majesty's Government under the circumstances, to be fitting and meet.

I make this appeal to yourself, feeling assured that unless Her Majesty's Government interfere, justice will never be done to these people. I make this appeal to yourself, under the full assurance that Her Majesty's Government and the British people, whilst desirous of respecting and maintaining their Treaties with the great powers of Europe and the powerful people and Government of the United States of America, would at the same time stoop as rigidly to respect a Treaty, although made with so insignificant a people as the aboriginal inhabitants of the Islands of New Zealand.

P.S.—I beg to state, that I may be slightly in error when I say, at pages 7 and 8, that Ngatiraukawa only reserved to themselves some 425,000 acres That I may have been misled as to the quantity of open land in the block lying between the Manawatu river and the Kukutauaki stream. It is possible the total acreage of the land reserved originally by the tribe, after excluding the mountainous country on this block, may amount to 450,000 acres; the land belonging to Muaupoko and Ngatitoa included.—T.C.W.