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A Compendium of Official Documents Relative to Native Affairs in the South Island. Volume Two.

No. 22a. — J. W. Hamilton, Esq., to D. McLean, Esq

No. 22a.
J. W. Hamilton, Esq., to D. McLean, Esq.

Lyttelton, January 18th, 1857.

Sir,—

With reference to my letters of 11th December, 1856 (dated Akaroa), and of the 8th instant, I have the honour to uggest that for the protection of the Maoris of this Province, it is highly desirable that complete copies of documents connected with all purchases of land from them should be filed in some Public Office, so as to be accessible to them, or to persons acting on their behalf.

In negotiating with the Akaroa and Kaiapoi Maoris, I have greatly felt the inconvenience of not having such documents accessible to me.

Connected with this subject, I beg to point your attention to the following passage in a latter of Mr. Commissioner Mantell's, dated September 21st, 1848, which, by accident, I had before me:—

"I have farther guaranteed to the Natives that the sits of the ancient Pah "Kaiapoi" shall be reserved by Her Majesty's Government to be held sacred from both Europeans and Natives. Circumstances rendered it unadvisable for me to wait for a survey to be made of this place, which I, therefore, with the universal consent of the Natives, disposed of in the manner before mentioned."

On the published maps of Canterbury, Kaiapoi old Pa does not appear as a reserve, or tinted red, as all the other reserves are. I am aware, from enquiry just made by me of Mr. Cass, Chief Surveyor of this Province since 1850, that the Local Government and the authorities of the Land Office are in complete ignorance of the promise made by Mr. Mantell, nor can I even obtain from them any copy of, or information respecting the Maori Deed of conveyance upon which alone rests their equitable right op recognised power to sell any land in the Province. I say power, because whatever theorists and lawyers may choose to maintain of the Crown alone being the source and origin of all real title, there were lands about Akaroa harbour which, until the recent purchase, the Maoris had always warned and compelled surveyors and persons claiming the ownership of, to desist from trespassing on, and they would have enforced their warnings by violence and bloodshed, if unheeded.

I beg to suggest that you move the proper authorities to take steps necessary to give fall effect to the pledges of Mr. Mantell, acting for the Crown, in former years, and to prevent any desecration of Kaiapoi old Pah, which is sacred to the Maoris from the number of their ancestors who fell and are buried there.

Connected also with this subject, I beg your notice of the fact, that since I have been engaged in the public service at Canterbury, I have never yet (especially as a Magistrate) been able to find any competent Maori Interpreter, the Rev. Mr. Aldred excepted. But this gentleman being engaged on Mission duty can but very rarely attend to any other. The Maoris may therefore be considered as page 19enjoying the barest protection from Government and the Law. In the Courts there is the greatest difficulty in adjusting their disputes, and they have no means of full intercourse with the Local Government. I feel confident that had they been able to make their complaints known to some person capable of understanding them, and acting between them and the Government, they would not for six years until now, as evidence compels me to believe, have suffered the injustice of having their lands north of Kaiapoi occupied by us without payment for it, or at least their claim, even if bad, would long since have been investigated and pronounced upon by authority.

Speaking on behalf of a population of some 400 or 500 aboriginal Natives residing in Canterbury Province, I think they have a fair and equitable claim on the Government, to have some competent person sent amongst them Periodically, say every 3 years at least, to assist them in settling all their affairs of importance, and to stay amongst them long enough at one time to do this duty in an efficient manner.

I have, &c.,

J. W. Hamilton,
Agent for Kaiapoi and Akaroa Land Purchase.

Donald McLean Esq., Chief Commissioner.