Object #1000239 from MS-Papers-0032-0001

16 pages

From: Protector of Aborigines - Papers, Reference Number MS-Papers-0032-0001 (21 digitised items). Memos and correspondence with George Clarke, the Chief Protector of Aborigines, including draft reports by McLean on his meetings with Maori relating to disputes and negotiations over land.Also includes translation of a letter (1844) from Te Wherowhero to the Taranaki chiefs urging them not to follow Te Rauparaha's example of confrontation refering to the Wairau conflict (1839) and notes of a meeting between Ngamotu Maori and McLean, 27 Sep 1844.

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Page 1 of 16. View high-resolution image

English (ATL)

Copy.
Notes relative to disputes between Natives and Settlers.

No. 1.

Mr. Low, a settler near the Mongoraka, complained to me that E Kopi, E Puti, and Ngawi resident natives, had been giving him considerable annoyance by felling timber on the section he occupied; thereby endangering the destruction of his house, which stood in the vicinity of the falling trees. Also threatening if the house were not removed, it would be burnt, when burning off the timber.

I immediately wrote the natives, advising them against such rash proceedings; and afterwards visited them, when I found they had completely put a stop to Mr. Low's farming operations; on the plea that they had not sold

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English (ATL)

the land. E Kopi, however, acknowledged to have received a share of the payment given for land by the New Zealand Company; stating that he was foolish in having accepted of the same, but not comprehending the nature of the negotiations he was entering into, he did not consider himself bound to give up his land. I endeavoured to convince this native that he could not expect the goods he received, for nothing; and in consideration thereof, he ought at least to behave kindly to the European, let him resume his work, and live quietly, being an inoffensive man; that he and all the natives might depend upon due justice being done to them, with regard to their lands; and hoped their excitement and anger would subside.

Ngawi, a son of Ngatata's, made answer; and said,- "The land is mine.

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English (ATL)

I have not been paid for it. But I will let him live undisturbed; and I hope no act of the natives will give him further annoyance.

The natives have since taken a piece of land that has been cleared by Mr. Low; and planted potatoes there.

Hearing of this, I reminded Ngatata's son of his friendly promises; and wished he would prevent the natives from further encroachment on cleared lands that were possessed by Low. On the interference of Ngatata's son, his Title was disputed; and this European is unable to go on with his work.

No. 2.

August 20th. 1844.

A complaint by the natives of Muturoa, for damages done by Capt. King's cattle, to their potatoes.

Having visited their plantations, the damages were calculated at the rate of 40 baskets; for payment of which I applied to Capt. King; and that gentleman, at my request, awarded a sum of £1.10 for damages,- which amount satisfied the natives.

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English (ATL)


Enclosure No. 3.

August 19th. 1844.

This had been a dispute between a native named Te Ropiha, and a European named John Lye,- about a knife that the native Ropiha had dropped out of his hand, and was picked up by one of Lye's children, who would not return it to its owner.

The native being angry at the loss of his knife, took up an iron pot, and was taking it away with him, not intending to have kept it; when one or two Europeans followed him, and took the pot from him, at the same time striking the native. The native, having escaped, took up an empty gun that had been lying by, to frighten the European.

The case was reported by the Europeans to the Police Magistrate; the native having threatened that he would not let the Europeans go on with their cultivations. That gentleman having referred the matter to me, I recommended that they should come to a friendly settlement, awarded the native some tobacco, and warned the Europeans against such treatment towards the natives. This matter was accordingly settled.

(Signed) D. McLean.

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English (ATL)


Enclosure No. 4.

6th. September 1844.

A complaint was made to me by a Mr. Aubry, a settler here, against a native named Timoti, who had lately arrived from Port Nicholson, and wished to cultivate upon a piece of land that Mr. Aubry had cleared, close to his dwelling.

I visited Mr. Aubry's section; and found Timoti there; and I enquired of him his right to claim the land occupied by Mr. Aubry. He informed me that it was his land. He had not been paid for it, and considered he might do as he thought proper with his own property; that Mr. Aubry had also consented to let the native plant there, having no other land whereon he could plant.

I told him that in preference to his giving the European any disturbance, I would point him out a Native Reserve to plant upon. He would not agree to this. Mr. Aubry pointed out a

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part of his section that he might occupy, providing he gave it up in 12 months' time.

To this arrangement the native agreed; and he and Mr. Aubry are now living on friendly terms.

Enclosure No. 5.

A complaint was brought to me by some natives,- that there was a sum of £.10/- due to them from a European at the Company's Dr., for house-building; which he refused to pay.

I demanded the money; and it was accordingly paid.

Enclosure No. 6.

Katatori, the native Chief from Managaraka, brought a complaint against Mr. Gillingham, a settler there, for his cattle having damaged his potatoes; and complained that he had now no potatoes.

I went to Mangaraka

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English (ATL)

with Katatori, saw the damage damage that had been done,- for which he demanded £2.10/-.

I considered the sum exhorbitant; and told him that he must lower his demands. He then asked a double-barrelled gun. I expostulated with him for making such out-of-the-way demands; and I wished him to make a statement of the number of baskets; and he would not consent to tell the number; but threatened if he did not get paid, he would break down the bridge, or destroy the cattle.

I told him the consequences of such conduct. After some consideration he agreed to take 20/-.

Having applied to Mr. Gillingham for this sum, he would not pay it; and considered that 10/- would be much more than the damage would amount to, were it valued.

I accepted of the 10/-; and to keep peace I consulted with the Police Magistrate as to the propriety of giving him a further sum of 10/- to preserve peace.

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Enclosure No. 9.

Te Rangikupua, an old Native Chief from Port Nicholson, who had some potatoes in a pit at his plantation,- some of which were destroyed by a Mr. Shaw's cattle; and others of them stolen by Europeans,- against whom I could not get sufficiently clear evidence to lay an information against then with the Police Magistrate.

I used every endeavour to find proof against the parties who committed the theft; and recommended the Chief to watch his potatoes; and if he found the Europeans taking any of them, to bring them to the settlement, and place them in charge of the Chief Constable.

In this they have not been successful; and the native has been a loser of all his seed potatoes, and what he had to live on throughout the Summer.

Being a very hard case, I advanced him a small remuneration of 7/-'s worth of print and tobacco for his

English (ATL)

Copy.
Notes relative to disputes between Natives and Settlers.

No. 1.

Mr. Low, a settler near the Mongoraka, complained to me that E Kopi, E Puti, and Ngawi resident natives, had been giving him considerable annoyance by felling timber on the section he occupied; thereby endangering the destruction of his house, which stood in the vicinity of the falling trees. Also threatening if the house were not removed, it would be burnt, when burning off the timber.

I immediately wrote the natives, advising them against such rash proceedings; and afterwards visited them, when I found they had completely put a stop to Mr. Low's farming operations; on the plea that they had not sold the land. E Kopi, however, acknowledged to have received a share of the payment given for land by the New Zealand Company; stating that he was foolish in having accepted of the same, but not comprehending the nature of the negotiations he was entering into, he did not consider himself bound to give up his land. I endeavoured to convince this native that he could not expect the goods he received, for nothing; and in consideration thereof, he ought at least to behave kindly to the European, let him resume his work, and live quietly, being an inoffensive man; that he and all the natives might depend upon due justice being done to them, with regard to their lands; and hoped their excitement and anger would subside.

Ngawi, a son of Ngatata's, made answer; and said,- "The land is mine. I have not been paid for it. But I will let him live undisturbed; and I hope no act of the natives will give him further annoyance.

The natives have since taken a piece of land that has been cleared by Mr. Low; and planted potatoes there.

Hearing of this, I reminded Ngatata's son of his friendly promises; and wished he would prevent the natives from further encroachment on cleared lands that were possessed by Low. On the interference of Ngatata's son, his Title was disputed; and this European is unable to go on with his work.

No. 2.

August 20th. 1844.

A complaint by the natives of Muturoa, for damages done by Capt. King's cattle, to their potatoes.

Having visited their plantations, the damages were calculated at the rate of 40 baskets; for payment of which I applied to Capt. King; and that gentleman, at my request, awarded a sum of £1.10 for damages,- which amount satisfied the natives.

Enclosure No. 3.

August 19th. 1844.

This had been a dispute between a native named Te Ropiha, and a European named John Lye,- about a knife that the native Ropiha had dropped out of his hand, and was picked up by one of Lye's children, who would not return it to its owner.

The native being angry at the loss of his knife, took up an iron pot, and was taking it away with him, not intending to have kept it; when one or two Europeans followed him, and took the pot from him, at the same time striking the native. The native, having escaped, took up an empty gun that had been lying by, to frighten the European.

The case was reported by the Europeans to the Police Magistrate; the native having threatened that he would not let the Europeans go on with their cultivations. That gentleman having referred the matter to me, I recommended that they should come to a friendly settlement, awarded the native some tobacco, and warned the Europeans against such treatment towards the natives. This matter was accordingly settled.

(Signed) D. McLean.

Enclosure No. 4.

6th. September 1844.

A complaint was made to me by a Mr. Aubry, a settler here, against a native named Timoti, who had lately arrived from Port Nicholson, and wished to cultivate upon a piece of land that Mr. Aubry had cleared, close to his dwelling.

I visited Mr. Aubry's section; and found Timoti there; and I enquired of him his right to claim the land occupied by Mr. Aubry. He informed me that it was his land. He had not been paid for it, and considered he might do as he thought proper with his own property; that Mr. Aubry had also consented to let the native plant there, having no other land whereon he could plant.

I told him that in preference to his giving the European any disturbance, I would point him out a Native Reserve to plant upon. He would not agree to this. Mr. Aubry pointed out a part of his section that he might occupy, providing he gave it up in 12 months' time.

To this arrangement the native agreed; and he and Mr. Aubry are now living on friendly terms.

Enclosure No. 5.

A complaint was brought to me by some natives,- that there was a sum of £.10/- due to them from a European at the Company's Dr., for house-building; which he refused to pay.

I demanded the money; and it was accordingly paid.

Enclosure No. 6.

Katatori, the native Chief from Managaraka, brought a complaint against Mr. Gillingham, a settler there, for his cattle having damaged his potatoes; and complained that he had now no potatoes.

I went to Mangaraka with Katatori, saw the damage damage that had been done,- for which he demanded £2.10/-.

I considered the sum exhorbitant; and told him that he must lower his demands. He then asked a double-barrelled gun. I expostulated with him for making such out-of-the-way demands; and I wished him to make a statement of the number of baskets; and he would not consent to tell the number; but threatened if he did not get paid, he would break down the bridge, or destroy the cattle.

I told him the consequences of such conduct. After some consideration he agreed to take 20/-.

Having applied to Mr. Gillingham for this sum, he would not pay it; and considered that 10/- would be much more than the damage would amount to, were it valued.

I accepted of the 10/-; and to keep peace I consulted with the Police Magistrate as to the propriety of giving him a further sum of 10/- to preserve peace.

Enclosure No. 9.

Te Rangikupua, an old Native Chief from Port Nicholson, who had some potatoes in a pit at his plantation,- some of which were destroyed by a Mr. Shaw's cattle; and others of them stolen by Europeans,- against whom I could not get sufficiently clear evidence to lay an information against then with the Police Magistrate.

I used every endeavour to find proof against the parties who committed the theft; and recommended the Chief to watch his potatoes; and if he found the Europeans taking any of them, to bring them to the settlement, and place them in charge of the Chief Constable.

In this they have not been successful; and the native has been a loser of all his seed potatoes, and what he had to live on throughout the Summer.

Being a very hard case, I advanced him a small remuneration of 7/-'s worth of print and tobacco for his loss, being a well-disposed old Chief.

Mr. Shaw, whose cattle had also destroyed a few of his potatoes, paid him a sum of 6/-, being the amount I awarded the native. He is still dissatisfied that he receives no further redress for what has been stolen.

Enclosure No. 10.

Te Munu, a Native Chief here, who owns the land which has been laid out as a Native Reserve, and let to a European,- being desirous that he should occupy a part of the Reserve.

I arranged with the European to let him have the part that he had not cultivated upon; with which the Chief was satisfied, and wished the European and himself should cultivate together.

Enclosure No. 11.

Mr. Cooke had given me information that a native had been quarrelling at his house about a woman who had misbehaved herself; for which the native, who was a relation, beat her most severely. It was reported that a person in this neighbourhood, of the name of Spencer, had caused the jealousy with the native. Mr. Spencer was supposed to have had connection with the woman.

I made several enquiries; but could find no satisfactory proof of his guillt.

Enclosure No. 12.

Mr. Thatcher complained that Te Mania, a Native who lives at Muturoa, and lately arrived from Port Nicholson, claimed a part of his section.

Having enquired, I found the Native had been an owner of the land, and had not had any payment, and wanted the land to plant on.

Enclosure No. 13.

Mr. Chillman, clerk to the Resident Agent of the New Zealand Company, having had a quarrel with a native named Pukitapu, about the land occupied by Mr. Chillman.

This quarrel was occasioned by Mr. Chillman having told the native that he was not the owner of the lands to which he was laying claim. The native, offended at Mr. Chillman's interference, ordered his tribe to commence planting potatoes on land that Mr. Chillman was then ploughing. Being informed of this, by one of Mr. Chillman's servants, who was sent for me by Mr. Chillman, I visited the spot, and found the natives planting potatoes on the ploughed field.

I then told Pukitapu to refer all his grievances to me; not to take such measures upon himself; and to order his natives off the land; which he accordingly agreed to, stating that if I had not interfered, he would have continued planting, to shew Mr. Chillman he was the owner of the land.

Since this they have lived peaceably.

Enclosure No. 14.

Capt. Davy complained that the Chief, Pukitapu, had taken possession of a part of the section he was cultivating.

Having spoken to the native, I found that Capt. Davy had given permission for him to plant. My interference in the case would have appeared unreasonable on the part of the natives.

Enclosure No. 15.

Mr. Thatcher complained that the natives Hoera and Piripi wish to cut down some timber on his scetion; which he was particularly anxious they should not touch; as he intended to build his house on the place they wished for.

The natives complained that they had no land to plant on; that the spot they wished for was all they owned; and that no payment would induce them to give it up.

I recommended them not to disturb the European, and to let him have this spot; that in the meantime I would point out a Native Reserve for them to plant on; and if they were particularly desirous to have this part of the section, I would make their wishes known to the Governor.

They agreed to my wishes; and promised not to interfere with the land, providing Mr. Thatcher would discontinue cutting the timber off it, till the Governor's decision would be known.

To this, Mr. Thatcher also agreed.

Enclosure No. 16.

29th. October 1844.

Richard Barret, settler, at Muturoa, complained to me that Wiremu Kawahu, and Poharama, natives living at Muturoa, had fenced in the road upon which he carried his produce, and drove cattle to and fro, putting him to considerable inconvenience; as he would have to go a round of a mile with his horses and cattle.

I spoke to the natives, and asked their reason for fencing in the road.

They said Barret owed them for some timber; and as they had not been paid for it, they had fenced in the road. They stated various other grievances; and had a dispute with Barret's natives,- the father of the native woman he is married to.

They would not be then induced to leave the road open.

Part of:
Protector of Aborigines - Papers, Reference Number MS-Papers-0032-0001 (21 digitised items)
Series 7 Official papers, Reference Number Series 7 Official papers (3737 digitised items)
McLean Papers, Reference Number MS-Group-1551 (30238 digitised items)

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