(94)
settlement. In some cases also it might be said, that those
claimants who have been carrying on their operations
in reliance upon the terms of the local Ordinance relat-
ing to this subject, would suffer an injury which could
not have been in the contemplation of Her Majesty's
Government, as they were ignorant of the fact of the
Ordinance having been passed.

I should also state that since the period when I ap-
plied to Her Majesty's Government for instructions as
to the mode in which the claims which had originated
under the ten shilling an acre and penny an aore pro-
clamations, were to be disposed of great changes have
taken place in the ciroumstances of the Colony, of which
changes Her Majesty's Government cannot even yet be
fully informed.

The state of the Colony at the period to which I am
alluding, in reference to the then existing land claims,
and to those which were likely to arise, inay be said to
have been this:--

It was generally believed that the Governor of this
Colony could legally waive the Crown's right of pre-
emption, in favor of a particular individual, over any
portion of land, whatever might be its extent. It was
further believed that private individuals might, in de-
fiance of the law, purchase or lease lands from the pre-
tended native owners, without rendering themselves
amenable to any punishment. At the same time, also,
the usual right of pre-emption possessed by the Crown
in all countries similarly circumstanced, had in New
Zealand been actually abandoned. The Governor of
the Colony had also formally declared to the Home
Government, that the fear of insurrection which Euro-
peans were concerned in exciting had forced him to
take this step and many of the best informed persons
believed that this pourse having onge been adopted,
the Crown, from an apprehension of exciting discontent
assongst the native population, which might be aug
mented by designing Kuropeans, would never venture
to attempt to resume this right. Relying upon these
several circumstances, Europeans continued to make
purchases and leases of land direct from the natives,
and without any regard to the rights of the Crown or
the interests of the public, trusting uiimately to force
the Government to recognise the new claims which
were being thus oreated. At the same time, claims to
tracts of land of more than one hundred thousand acres
in extent, had arisen, and Grants for these lands were
demanded from the Government, in some instances,
in a manner which clearly evinced a disposition to in-
timidate by threats, and not to ask for the concession
of just rights. I should still add, that some individuals
had purchased from the natives the tracts of land they
claimed, by supplying them with fire-arms and ammu-
nition, whilst the same natives were within a short pe-
riod of time afterwards most prominent in their attacks
upon British settlements. In fact, at the time of which
I speak, a system was in existence which had given
rise to land claims, to the extent of upwards of one hun-
dred thousand acres, and under which new claims were
daily arising, the limit of which it was impossible to
foresee.

Now, the state of the country in reference to these
laud claims may be said to be as follows:--

A formal decision of the Supreme Court has been
pronounced; declaring that the Governor of this Colony
has no power to waive the Crown's right of pre-emption,
and that he cannot legally do so.

There is, thus, no probability that such a step will
ever again be taken by a Governor of New Zealand, nor
will there be any inducement for persons to attempt to
urge him to do so. As there would be no possibility
of any such act upon his part being recognised, and
they could establish no claims for consideration upon
the ground of ignorance of his powers, these having
been now ascertained, and declared in the most formal
manner..

2ndly. The local Legislature has passed an enactment
which imposes a fiue of £100 upon any person who
may attempt to purchase or lease lands from the na-
tives, thus effectually preventing the growth of any
future land claims.

3rdly. The Crown's right of pre-emption over the
lands in this Colony has now been for several months
actually resumed, and this resumption has in practice
been completely acquiesced in both by Europeans and
Natives.

4thly. The sale of arms and ammunition, and the
manufacture and repair of arms, have been prohibited
by law.

5thly, By the Government notice of the lath June
1846, the exact extent of the existing olaims has been
ascertained and defined.

6thly. The illegality, impolicy, and injustice of all
the proceedings connected with these claims, have been
fully recognised by the Home Government

I think there fore that all the most material duties
of a Government in reference to these claims, may now
be said to have been fulfilled. An illegal system was
in operation, which had already produced great evils,
for both races inhabiting this country, and which might
have increased these evils to an extent, the limits of
which no one could foresee. The Government have
now reverted to the law, and, have enforced it, and they
have taken measures which have completely checked
the evil which existed, and have defined precise limits
beyond which it cannot spread, they have farther taken
precautions, which in as far as human foresight can
extend, appear to remove all possibility of the recur-
rence of such evils for the future.

The only remaining duty of the Government is to
apply such a remedy to the evil which was formerly
created, as may most speedily restore the country to a
healthy state.

For the reasons stated in this minute, I feel justified
in doing that upon a somewhat broader basis, than is
prescribed by my instructions; and as the exil is one,
which until it is adjusted, will certainly retard the
prosperity of this portion of New Zealand, and I am
sincerely desirous of making this adjustment in the
most liberal spirit, I trust the Government will find in
all parties a desire to facilitate by all means in their
power, so desirable a measure.

I must confess, however, to the Council, that I have
for many reasons, experienced great difficulty in ar-
riving at this determination, for I cannot but remar
that Her Majesty's Government have recorded it as
their opinion, that many of the claims which are about
to be adjusted, are unsupported by equity, justice, or
public policy, an opinion to which the knowledge I
have acquired of them, compels me to give the fullest
assent. On the other hand, however, I must admit
that the claims of the bona fide and industrious settler,
require, under all the circumstances of the case, a most
indulgent consideration from the Government, and that
this may be afforded to them, I am prepared to adopt a
plan, which, whilst it will secure to the real settler the
greatest possible facilities, will extend to all the land
claimants far greater advantages than they would be
entitled to under the instructions I have received.

The regulations the Government intend to adopt are
as follows:--

The choice of any one of three modes of proceeding
will be left open to all the claimants.

Istly-Either to avail themselves of theprovisions of
the instructions from Her Majesty's Government which
I have now laid upon the table;

Or. 2ndly. To avail themselves of the provisions of
the Local Ordinance, (No. 22. Sess. 7.) "to authorize
compensation in Colonial Debentures to be made to
certain claimants to land in the Colony of New Zea-
land;"

Or. 3rdly. To avail themselves of the following re-
gulations which the Government are prepared to adopt.

The Government will issue at once to all claimants.
under the Ten Shillings an acre Proclamation, (who
complied strictly with the terms of the Government
notice of the 15th June, 1846,) and whose claims have
already been investigated, or may hereafter bo investi-
gated, by the Commissioner, and favourably reported
upon by him,-Absolute crown grants in the usual form,
on their paying within one month from the date of the
report of the Commissioner, the remainder of the fees
due, The Grants to include the reserved tenths, (at
One Pound an acre), in cases where the whole quantity
granted does not exceed 200 acres.