Page:The Tarankaki question.pdf/11

 11 Sir W. Martia contends that such a right dia esit, which has dosies no doutfit dates back to a period at which I had better opportunities of judging of them in their aboriginal condition than Sir W. Martin could have, after they had imbibed the ideas of property which elithe Arequireal iden are held by civilized men , through their negotiations for the saleof the weath. A perfped of land and I am most decidedly of opinion that might hot se coppell tenjoy strongest , to which the weak were obliged to submit. If Teiresanese, Can fel! had, under the same circumstances, offered land for sale before produced to tell the Treaty of Waitangi, he would, without doubt, have heen forcedore lea.bard of the Giant to succumb to the superior influence of Wi Kingi and his party could be lider may be fairly put, whether the toleration of such a state of things there for leri Kizi at the present day is consistent with the obligations of the Treaty, mund quels la the by which the Queen engages to protect udividuals as well as communities in the possession of the end out of esserelline Get backed by the to dispose of them on ternis to be mutualy agreed upon. Meliling Much may doubtless be said on the point of expediency in Sheque. etupapa dealing for lands, especially under circumstances in which they confusion which may be created in a Native Tribe by the settle ndevederla may be likely to be required for the use of the Natives, and of the sea fisket elll ment of one or two Europeans in their midst. Undoubtedly, it cumul is of the highest moment that the Government should carefully regard such considerations. But, so far as I can ascertain, such questions were not raised in the case of Waitara. It would appear that Wi Kingi's cultivations lay upon the north side of the River, although according to Riwai Te Ahu's letter it would appear that he possessed, through his wife and his sons-probably by a former wife, certain clainıs to one or more portions of the land. In offering the block of about 600 acres to the Government, Teira acted as any Native would have acted before the Treaty of protection Waitangi, who was bold enough to take such a step. In opposing the sale Wi Kingi acted as he would have acted at the same period, if not disposed to participate in the sale. But in neither the one casc nor the other would the decision have rested upon any Native custom or consideration of "right", but solely on the power of the one party to carry out, or the power of the other elevily not party to prevent the carrying out of the proposition to transfer the Jand. of the es medientes of raising uchun testion, under the them within judge; but the question having been raised I do not see how the Government could avoid the obligation of protecting Teira in dealing with whatever individual property he might have held in these tras las see medemedial properly s Landbeiedes leena Sold the whole back of hoe 'ames Ithe Grenor purchase the whole block. & look postession of the whole tlock such thing