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

No. 26. — Copy of a Despatch from Governor Grey to the Right Hon. Earl Grey

No. 26.
Copy of a Despatch from Governor Grey to the Right Hon. Earl Grey.

As to Land Claims under Governor Fitzroy's Proclamations. Government House, Auckland, 11th November, 1847.

My Lord,—

I have the honour to enclose for your Lordship's information some tabulated returns,* showing, in as far as practicable, the nature of the claims to land which have arisen under my predecessor's Proclamations of the 26th March and 10th October, 1844, waiving the Crown's right of pre-emption over certain lands the property of the Natives. The returns were accompanied by a letter from the Colonial Secretary, containing a summary of the several facts which have been established by the compilation of these documents in his office. Unfortunately the information obtained is not so complete as could be desired, the papers sent in by the claimants being in many respects unsatisfactory, and not affording the information they ought to contain.

The following facts, however, have already been substantiated: The total number of claims which have been preferred is 148, of which 47 arose under the ten-shillings-an-acre Proclamation of the 26th. March, 1844, and 101 under the penny-an-acre Proclamation of the 10th October, 1844. The number of claimants is however much less than 148, probably not really more than one-third or one-fourth of that number, as several individuals have preferred several distinct claims; and in other cases merely the names of several children of the same family have been written down, to enable one person to establish a claim to a large tract of country. The quantity of, land claimed under the ten-shillings-an-acre Proclamation of the 26th March, 1844, is about 1,800, acres. It is at present impossible to tell the quantity of land claimed under the penny-an-acre. Proclamation of the 10th October, 1844. The extent of land over which the Crown's right of pre-emption has been thus waived is nominally, in acres page 17something less than 100,000 acres; but, in addition to the number of acres, the certificate of waiver of the Crown's right of pre-emption contained a description of the natural boundaries of the tract over which the Crown's right of pre-emption was so waived, and it has been found that the tract so described contained in some instances more than five times the number of acres named in the certificate.

It will also be seen from the letter of the Colonial Secretary that the following important facts are clearly established by the accompanying returns: (1.) The conditions of the notice, which stated that the only effect of waiving the Crown's right of pre-emption was to open that portion of land to public competition, and that lists, of the applications made for such waiver, and of the answers returned, would be from time to time published in the Government Gazette, were never fulfilled, no such publication having in any one instance taken place—by which all competition on the part of the public was precluded. (2.) It has-already been shown, partly from the statement of the claimants, partly from the testimony of the Natives, that in fifty cases the land had been purchased from the Natives previously to the issue of the certificate of the Crown's waiver of the right of pre-emption. (3.) It has already been ascertained that in at least forty-six cases a portion or the whole of the consideration given was in muskets, gunpowder, and other warlike stores, and that these were, with only two exceptions, given to the Natives during the actual existence of a formidable rebellion in the country. This evil, however, probably prevailed to a greater extent than has been ascertained; for the Colonial Secretary states that the documents given in by the claimants are so vague that it is impossible in some, cases to tell what were the articles given, or the prices at which they were valued.

I have, &c.,

G: Grey.

The Right Hon. Earl Grey.

* The tabular returns, being very voluminous, hare not been printed.