Page:The Tarankaki question.pdf/4

 25 JUNI 1953 4 una used by case notes as calculated to accomplish the object, but offered to prepare the draft of a trcaty for Captain Hobson's consideration. To this they replied that that was precisely what Captuin Hobson de- All the bacala sired. Ang Thakothe The draft of the Treaty prepared by me was adopted by Capt. Hobson without any other alteration than a transposition of cer- Guus alwa red tain sentences, which did not in any degrco affect the sense. A statement of these facts I have thought necessary, to relieve me from a charge of presumption, and in the hope that I may find means to give the following remarks a circulation co-exten- Hottono after sive with those of Sir Willian Martin, which the advertisement aliprorally on the back of the title page informs us "are printed for circula- that it eacher the General Assembly of New Zealand." tion among members of the Imperial Parliament and members of Koneen olaraftarlacen “Native Tenure of Land," pago 1 Juin this d The terms in which Sir W. Martina, in the following sentences, speaks of the tenure of land by the natives, and the “rights' re- were more locksulting therefroin, and what might and might not be done pape. lawfully appears to me to be founded upon a misconception of the actual condition of the natives, who, down to the date of the Treaty, had no conception of the cxistence of a right implying an obligation on the part of others to respect that right. “1. The land," (says Sir W. Martin) "occupied by a native com- munity is the property of the whole community. Any member of the community nay cultivate any portion of the waste land of the community. By so doing ho acquires a right over that particular piece of land, and the right so acquired will pass to his children and descendants. If he have no descendants the land may then be cultivated by others of the community, as agreed amongst them- selves." "2. The chief naturally represents and defends the rights of his people. IIc has his own personal interest like the resti. He is also especially charged with the protection of their honor and interests: and would lose all his influence if he did not assert those rights manfully." 3. To make a sale (of land) thoroughly regular and valid, both chief and people should consent." “4. The holdings of individual cultivators are their own, as against other individuals of the community. No other individual, not even the chief, can lawfully occupy or use any part of such bolding without the permission of the owner. But they are not their own as against the community. If it is said of a piece of land "the land belongs to l'aora,' these words are not understood by a Maori to mean that the person named is the absolute owner, exclusive of the general right of the society."