Object #1022742 from MS-Papers-0032-0009

20 pages to James Grindell

From: Secretary, Native Department - Administration of native affairs, Reference Number MS-Papers-0032-0009 (20 digitised items). Included in this folder is a paper by McLean that his biographer, Ray Fargher, describes as McLean's 'only comprehensive statement on land purchase policy'.The folder also includes information about the battle of Te Kuititanga, 1839.

A transcription/translation of this document (by ATL) appears below.

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English (ATL)

Diary of James Grindell
from lst March to 30th April, 1859.



Proceeded to Rangitikei, and was detained there all the next day by wet weather. On the 3rd I joined Mr. Stewart at te Awahuri.

From the swollen state of the Oroua river we found it impossible to proceed with the survey - and were detained in consequence, three days at this place.

Monday 7. The water having subsided, we proceeded up the river, and arrived on the 10th, at the spot from which we were obliged to return last month from want of provisions. From this spot we proceeded with the survey of the river up the mountains. Having, with some risk and difficulty, brought my horse with me we were enabled to carry on the work with much greater facility, as I, with the assistance of a native, undertook the task of packing the provisions, tents, etc. up the bed of the river, making two trips daily, from station to station, whilst the men were engaged chaining and cutting lines

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English (ATL)

where requisite.

By the 19th we had finished the survey up to the Ruahine range, from whence we returned to the Awahuri, where we arrived on the evening of the 24th having surveyed, by the windings of the river, a distance of 60 miles above the Awahuri, which is itself same 20 miles from the mouth of the Oroua.

I then proceeded to Manawatu, by way of Rangitikei. Here I saw Mr. Searancke, (who had just returned from Whanganui and was on his way to Wellington to meet Mr. Mclean,) from whom I received instructions to return to Rangitikei and inquire into the state of feeling amongst the natives of that District in reference to the practice of leasing runs to Europeans, which is becoming prevalent amongst them and which threatens to interfere seriously with land purchasing operations, for the present at least, if some decided step be not taken by the Government to check it.

April 1st. I attended the Magistrates' Court held at Rangitikei. On this day an individual, named Thos. McKenzie residing at Rangitikei

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was brought before this Court by Nepia's son to answer for the non-payment of £10, being two months quota of the yearly rent for native lands south of Rangitikei River, and at present occupied by European European cattle; but the case was not entertained by Mjaor Durie being illegal. McKenzie had become mixed up in the matter in some ways which did not appear (as no evidence was adduced) either as part owner of the cattle or as agent for the rightful owner.

The desire to lease runs to Europeans is daily gaining ground amongst the natives of this District. The moving cause with the Ngatiapas is I think the unwillingness of the Government to purchase land from them without the consent of the Ngatiraukawas, and as money must be had in some way, they are satisfied, for the present, to acquire it by leasing in which they are joined by Nepia. Nothing less can be expected than that, leasing once commenced, it will be pursued with eagerness by both tribes, for neutrality in either would be be considered as equivalent to a surrendering of all title and claim to the land. The Ngatiapas

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declare that Nepia took the initiative step in the matter by receiving money from Mr. Robinson of Manawatu for the depasturage of cattle which are not confined to Manawatu but ramble all over the country, even to Rangitikei, They, in consequence, several times made arrangements with Europeans for depasturing their stock on the plains south of Rangitikei. Some of these have since beenremoved by their owners. Subsequently some of the Ngatiapas and Nepia have conjointly leased runs to European residents of Rangitikei and Whanganui and the evil appears likely to increase.

The natives are fully aware that it is unlawful for Europeans to lease lands from them, and they have always been taught that the law is inviolable; yet they see it broken continually with the utmost recklessness and impunity. The effect of this upon the native mind must necessarily be to give them a not very exalted opinion of the power and authority of the Government, and to encourage them to transgress the law in cases where transgression could not be tolerated. It is therefore absolutely

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necessary that something should be done to put a stop to this growing evil. It should either be made legal or put a stop to at once. If the former, the transfer of lands to the Crown will in all probability, be at a discount for a time possibly for some years; if the latter, a decided course of action must be adopted, and the land may then be acquired much more speedily. But it is a question if the benefit resulting from the latter course would compensate for the evil occasioned.

Independently of the practice of leasing to Europeans the contention amongst the natives themselves, a rising from the question of tribal rights and individual title, is alone a sufficient obstacle to the acquirement of lands from the natives; and it is greatly to be feared that no method can be adopted to obviate the difficulty which would prove effective without being offensive and consequently, dangerous. The question of extinction of the Native title over the lands in this Province is becoming a most momentous one, and rife with difficulty and danger. Here, on the

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West Coast, in particular there are so many tribes, each disputing with the other the ownership of the land, that the matter becomes doubly perplexing. It is almost impossible to gain the assent of all claimants to any particular block, and if the land be purchased from the parties willingto sell without regard to the claims of those opposed to selling, discord, disunion and, possibly, open hostilities might ensue and the Government might have to retain possession of lands so purchased by force. Nevertheless I am really inclined to believe that, from the present aspect of affairs, some such means must be adopted before the native title can be extinguished. At present I see no way likely to be free from serious embarrassments. I allude more particularly to the Rangitikei District.

Much of the attention of the natives of late has been directed towards the land on the South side of the Rangitikei river at present being leased by Nepia to Europeans. This is an extensive tract of country and suitable both for grazing and agricultural purposes.

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The claim of right to this land has been a continual source of contention between Nepia and the Ngatiapas, who would willingly sell to the Government were they in undisputed possession. The Ngatiapas have without doubt a just claim to the country, and their power of making themselves troublesome is not to be underrated when their connexions are considered. They were never thoroughly conquered by the Ngatitoas the first invaders of the country. The Ngatiawas were amongst the first allies of the Ngatitoas and took an active part in assisting them to subdue that part of the coast inhabited by the Muaopokas, the Rangitanes and the Ngatikahangunus which tribes were the greatest sufferers by the invasion. At a later period the Ngatiraukawas arrived, but took very little active part comparatively speaking, in the war about this part of the coast, being principally engaged making inroads upon the Ngatihahungunu territories. When the land came to be divided amongst the invaders disputes arose between

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the Ngatiawas and Ngatiraukawas which resulted in many of the latter evacuating Otaki and commencing a return to Maungatautari They were however detained by the Ngatiapa and Rangitane tribes from whom they received shelter until they had raised sufficient provisions by cultivation to enable them to recommence operations against the Ngatiawas which they did in about a year subsequent, assisted by the Ngatiapa, Rangitane, and other tribes who had sheltered them, also by a reinforcement of the Waikato. The result of this expedition was to fix the Ngatiraukawas at Otaki, the Ngatiawas retiring to Waikanae. Subsequently the Ngatiraukawas attempted to surprise the Ngatiraukawas attempted to surprise the Ngatiawas in a night attack at Waikanae, but were repulsed with great slaughter. This unsettled them again at Otaki, but Christianity being introduced about this time put a stop to further hostilities and they remained in quiet possession of their homes. This last affair is known as the battle of the "Kuititanga". The Ngatitoas in this action divided, one part joining the Ngatiraukawas and

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the other the Ngatiawas. After this Nepia and his people returned to Rangitikei where they were welcomed by the Ngatiapas. But it is said he never claimed a right to the country, and was therefore tolerated by the Ngatiapas who no doubt at that time would have been willing to make over to him a sufficient portion of land for his use. The above is admitted to be correct by many of the Ngatiraukawas themselves in its most important points. Hakeke (Kawana Humia's father) and Nepia were frequently allied together for mutual defence and friendly relations were generally maintained between both tribes, which were first disturbed by an accidental circumstarice. A large boat, belonging to Europeans, was wrecked upon the Rangitikei coast and the body of a relation of Watanui and Nepia, (named Koraria) who was a passenger on board, was cast ashore at Turakina. Clothes and other articles washed upon the beach were taken possession of by the Ngatiapas and hostilities had very nearly

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commenced between the tribes on this account. Subsequently a woman of the Ngatiapas was shot by Nepia in an attack which he made on the Pariwanui pa as ''utu'' for the violation of a married woman of his tribe by one of the Ngatiapas. This feud however was stopped by te Hakeke, who acknowledged the fault to have been the Ngatiapas Another cause of complaint of the Ngatiapas is the fact of Nepia having engrossed to himself all the merchandise given by Colonel Wakefield for the purchase of the Manawatu; in consequence of which they refused to share with him any portion of the money which they received from the Government for the country north of Rangitikei.

It is just possible that Nepia might be brought to sell if he thought there was a probability of the Government entertaining the claims of the Ngatiapas to the Rangitikei District particularly if he were prevented from leasing Tho not openly

English (ATL)

Diary of James Grindell
from lst March to 30th April, 1859.



Proceeded to Rangitikei, and was detained there all the next day by wet weather. On the 3rd I joined Mr. Stewart at te Awahuri.

From the swollen state of the Oroua river we found it impossible to proceed with the survey - and were detained in consequence, three days at this place.

Monday 7. The water having subsided, we proceeded up the river, and arrived on the 10th, at the spot from which we were obliged to return last month from want of provisions. From this spot we proceeded with the survey of the river up the mountains. Having, with some risk and difficulty, brought my horse with me we were enabled to carry on the work with much greater facility, as I, with the assistance of a native, undertook the task of packing the provisions, tents, etc. up the bed of the river, making two trips daily, from station to station, whilst the men were engaged chaining and cutting lines where requisite.

By the 19th we had finished the survey up to the Ruahine range, from whence we returned to the Awahuri, where we arrived on the evening of the 24th having surveyed, by the windings of the river, a distance of 60 miles above the Awahuri, which is itself same 20 miles from the mouth of the Oroua.

I then proceeded to Manawatu, by way of Rangitikei. Here I saw Mr. Searancke, (who had just returned from Whanganui and was on his way to Wellington to meet Mr. Mclean,) from whom I received instructions to return to Rangitikei and inquire into the state of feeling amongst the natives of that District in reference to the practice of leasing runs to Europeans, which is becoming prevalent amongst them and which threatens to interfere seriously with land purchasing operations, for the present at least, if some decided step be not taken by the Government to check it.

April 1st. I attended the Magistrates' Court held at Rangitikei. On this day an individual, named Thos. McKenzie residing at Rangitikei was brought before this Court by Nepia's son to answer for the non-payment of £10, being two months quota of the yearly rent for native lands south of Rangitikei River, and at present occupied by European European cattle; but the case was not entertained by Mjaor Durie being illegal. McKenzie had become mixed up in the matter in some ways which did not appear (as no evidence was adduced) either as part owner of the cattle or as agent for the rightful owner.

The desire to lease runs to Europeans is daily gaining ground amongst the natives of this District. The moving cause with the Ngatiapas is I think the unwillingness of the Government to purchase land from them without the consent of the Ngatiraukawas, and as money must be had in some way, they are satisfied, for the present, to acquire it by leasing in which they are joined by Nepia. Nothing less can be expected than that, leasing once commenced, it will be pursued with eagerness by both tribes, for neutrality in either would be be considered as equivalent to a surrendering of all title and claim to the land. The Ngatiapas declare that Nepia took the initiative step in the matter by receiving money from Mr. Robinson of Manawatu for the depasturage of cattle which are not confined to Manawatu but ramble all over the country, even to Rangitikei, They, in consequence, several times made arrangements with Europeans for depasturing their stock on the plains south of Rangitikei. Some of these have since beenremoved by their owners. Subsequently some of the Ngatiapas and Nepia have conjointly leased runs to European residents of Rangitikei and Whanganui and the evil appears likely to increase.

The natives are fully aware that it is unlawful for Europeans to lease lands from them, and they have always been taught that the law is inviolable; yet they see it broken continually with the utmost recklessness and impunity. The effect of this upon the native mind must necessarily be to give them a not very exalted opinion of the power and authority of the Government, and to encourage them to transgress the law in cases where transgression could not be tolerated. It is therefore absolutely necessary that something should be done to put a stop to this growing evil. It should either be made legal or put a stop to at once. If the former, the transfer of lands to the Crown will in all probability, be at a discount for a time possibly for some years; if the latter, a decided course of action must be adopted, and the land may then be acquired much more speedily. But it is a question if the benefit resulting from the latter course would compensate for the evil occasioned.

Independently of the practice of leasing to Europeans the contention amongst the natives themselves, a rising from the question of tribal rights and individual title, is alone a sufficient obstacle to the acquirement of lands from the natives; and it is greatly to be feared that no method can be adopted to obviate the difficulty which would prove effective without being offensive and consequently, dangerous. The question of extinction of the Native title over the lands in this Province is becoming a most momentous one, and rife with difficulty and danger. Here, on the West Coast, in particular there are so many tribes, each disputing with the other the ownership of the land, that the matter becomes doubly perplexing. It is almost impossible to gain the assent of all claimants to any particular block, and if the land be purchased from the parties willingto sell without regard to the claims of those opposed to selling, discord, disunion and, possibly, open hostilities might ensue and the Government might have to retain possession of lands so purchased by force. Nevertheless I am really inclined to believe that, from the present aspect of affairs, some such means must be adopted before the native title can be extinguished. At present I see no way likely to be free from serious embarrassments. I allude more particularly to the Rangitikei District.

Much of the attention of the natives of late has been directed towards the land on the South side of the Rangitikei river at present being leased by Nepia to Europeans. This is an extensive tract of country and suitable both for grazing and agricultural purposes. The claim of right to this land has been a continual source of contention between Nepia and the Ngatiapas, who would willingly sell to the Government were they in undisputed possession. The Ngatiapas have without doubt a just claim to the country, and their power of making themselves troublesome is not to be underrated when their connexions are considered. They were never thoroughly conquered by the Ngatitoas the first invaders of the country. The Ngatiawas were amongst the first allies of the Ngatitoas and took an active part in assisting them to subdue that part of the coast inhabited by the Muaopokas, the Rangitanes and the Ngatikahangunus which tribes were the greatest sufferers by the invasion. At a later period the Ngatiraukawas arrived, but took very little active part comparatively speaking, in the war about this part of the coast, being principally engaged making inroads upon the Ngatihahungunu territories. When the land came to be divided amongst the invaders disputes arose between the Ngatiawas and Ngatiraukawas which resulted in many of the latter evacuating Otaki and commencing a return to Maungatautari They were however detained by the Ngatiapa and Rangitane tribes from whom they received shelter until they had raised sufficient provisions by cultivation to enable them to recommence operations against the Ngatiawas which they did in about a year subsequent, assisted by the Ngatiapa, Rangitane, and other tribes who had sheltered them, also by a reinforcement of the Waikato. The result of this expedition was to fix the Ngatiraukawas at Otaki, the Ngatiawas retiring to Waikanae. Subsequently the Ngatiraukawas attempted to surprise the Ngatiraukawas attempted to surprise the Ngatiawas in a night attack at Waikanae, but were repulsed with great slaughter. This unsettled them again at Otaki, but Christianity being introduced about this time put a stop to further hostilities and they remained in quiet possession of their homes. This last affair is known as the battle of the "Kuititanga". The Ngatitoas in this action divided, one part joining the Ngatiraukawas and the other the Ngatiawas. After this Nepia and his people returned to Rangitikei where they were welcomed by the Ngatiapas. But it is said he never claimed a right to the country, and was therefore tolerated by the Ngatiapas who no doubt at that time would have been willing to make over to him a sufficient portion of land for his use. The above is admitted to be correct by many of the Ngatiraukawas themselves in its most important points. Hakeke (Kawana Humia's father) and Nepia were frequently allied together for mutual defence and friendly relations were generally maintained between both tribes, which were first disturbed by an accidental circumstarice. A large boat, belonging to Europeans, was wrecked upon the Rangitikei coast and the body of a relation of Watanui and Nepia, (named Koraria) who was a passenger on board, was cast ashore at Turakina. Clothes and other articles washed upon the beach were taken possession of by the Ngatiapas and hostilities had very nearly commenced between the tribes on this account. Subsequently a woman of the Ngatiapas was shot by Nepia in an attack which he made on the Pariwanui pa as ''utu'' for the violation of a married woman of his tribe by one of the Ngatiapas. This feud however was stopped by te Hakeke, who acknowledged the fault to have been the Ngatiapas Another cause of complaint of the Ngatiapas is the fact of Nepia having engrossed to himself all the merchandise given by Colonel Wakefield for the purchase of the Manawatu; in consequence of which they refused to share with him any portion of the money which they received from the Government for the country north of Rangitikei.

It is just possible that Nepia might be brought to sell if he thought there was a probability of the Government entertaining the claims of the Ngatiapas to the Rangitikei District particularly if he were prevented from leasing Tho not openly admitted by the Ngatiraukawas I believe a majority of both tribes are in favor of selling, as the as the rents are generally monopolized by the chiefs and principal men, whilst the claims of men of less importance are often disregarded. The Ngatiapas in particular give the loudest expression to their desire of selling to get rid, as they state distinctly, of the cause of dissension namely, the land. They are now anxiously looking for the arrival of Mr. McLean. The Ngatiapas of Turakina a few days ago refused the sum of £30, offered them by Nepia's party as part of the rent, (which are always demanded and paid in advance) drawn from Captn. Trafford, saying they would not in any way implicate themselves in the leasing mania until they had seen Mr. McLean or the Governor.

Monday 11. I returned to Manawatu. Here I attended a meeting of the natives, called by Wi Tako of Wellington, who is now making a tour on the coast with a view of influencing the tribes in favor of the Maori King movement. The meeting was numerously attended and many speeches were delivered on both sides. Wi Tako, to advance his cause and bring the Government into discredit declared that he had suffered severely from the oppression of the authorities in Wellington, that his land had been unjustly taken from him, and that, to make way for a white man now in possession, one of his friends had been ejected from some section of land up the Hutt valley for which he had paid the Government £600.

Ihakara, in answer, advised them all to ''Beware of false prophets, which come to you in sheep's clothing but inwardly they are ravening wolves.''

A Waikato who was present, a partisan of the King -said that they (the supporters of the King) had become aware that the object of the Government was to deprive them altogether of their lands; that if they lost their lands they lost their power; that the whites were gradually extending their possessions all over the island, assuming a superiority over the natives, and reducing them to a state little better than slavery; that therefore it was thought the only means of preserving their independence would be by a confederation of all the tribes for mutual protection; and that it had been considered wise to elect a King as a head, who should not be looked upon as assuming any undue authority over other tribes, but merely as a bond of union between them, as a leader who would counsel and direct them in maintaining that independence which was passing with their lands into the hands of the white men. It was the encroachment of the whites, he said, which had driven Hone Heke to take up arms, and it was the encroachment of the whites which had led to the present movement.

Old Hakiki in answer, said that ''no man can serve two masters: for either he will hate the one, and love the other, or else he will hold to the one, and despise the other.'' If, he said, the King's power be established in this island, the Queen's rule must cease; if the Queen stand, the King must fall. The two powers would no doubt, come into collision. Their lands were their own and they intended to keep them. He would tell the King that the only lands he would get from them were their Maungatautari possessions, and he thought they were quite sufficient.

Old Matenga spoke much to the same effect. Addressing Wi Tako, he said; ''You have experienced the oppression of the whites; we have not. Let us try them before we decide against them.''

Wi Tako said they were at perfect liberty of course to choose their own course, but that the time would come when they would recollect what he had told them that night. He had lived long amongst the whites and he had seen what they would do if they could. But he would not press the matter further; he did not wish to influence them against their judgment; they had ears to hear and eyes to see and, consequently, must decide for themselves.

The meeting then separated. The Hiriwanui had been sent for but did not attend. The Ngatiraukawas, notwithstanding their favourable opinion of the Government as expressed in their speeches, are certainly watching the result of the King movement with much interest. The Ngatihuias of Porotawhao, it is said have declared themselves supporters of the King and some of them attended the meeting with Wi Tako and spoke in favor of the scheme, but they are not likely to prove very obedient subjects.

On the day subsequent to the meeting Wi Tako and party proceeded to Rangitikei to ascertain the feeling of Nepia and the Ngatiapas on the subject.

I have since heard, from natives who returned from that place, that Nepia neither assented nor dissented but met them in his usual temporizing manner.

On the 6th May the Governor Captn. Steward and Mr. McLean arrived at te Awahou, Manawatu. On the morning of the next day the Governor had an intervievs with a large body of the natives assembled from various parts of the coast to do honor to his first appearance amongst them.

On this occasion the natives exhibited a warmth of feeling and a degree of veneration towards the representatives of Her Majesty which must have been highly gratifying to His Excellency as it was to all who witnessed it. The chiefs present expressed their satisfaction with the Queen's rule and declared themselves anxious to remain faithful and loyal subjects of Her Majesty. They had experienced the blessings of Christianity and the benefit resulting from the establishment of English laws, that therefore they desired no change, but hoped the Governor would do his utmost to promote order, peace, and love amongst them.

His Excellency assured them that he felt great pleasure and satisfaction in thus meeting so many of the chiefs and people of this end of the island and that it should always be his endeavour to promote their welfare and to encourage unity and harmony, not only amongst themselves but between both races, Maoris, and European indiscriminately. that the laws of the Queen admitted no respect of persons, that justice should be administered to all without distinction whether Pakeha or Maori - chief or commoners; and he hoped the natives would join hand in hand with the Europeans so that oppression, robbery, murder, and all other evils might be put down and order and tranquillity prevail in the land. His Excellency stated, that, had he been in the country at the time, the murderers and rioters at Taranaki should have been punished, and that he was determined to crush all outrage and sedition within the European districts.

He had heard that Wi Tako had been amongst them complaining that the Government had taken away a portion of his lands. This was incorrect. Mr. St. Hill had been appointed to make arrangements for the leasing of native lands to Europeans, and it appeared that the piece in question had been leased by him without perhaps due consultation with the native owners. But the money realized would be at the disposal of the natives, or devoted to purposes beneficial to them. With respect to Parata's land, of which Wi Tako had spoken, it appeared that, owing to an error of the Surveyor, he had received thirty acres more than was his due, which had therefore been deducted from his section, leaving his proper portion. So that there were no just grounds for these complaints of Wi Tako, and for the future he would advise them to listen to no such assertions against the Government. He assured them that the disposal of even the smallest possible portion of their lands should be entirely at their own discretion and that the Government would respect the rights of the most obscure and humble individual amongst them. Laws had been established and Christianity introduced by the Europeans and he hoped that in attending to the one they would not neglect the other. Not be lukewarm or indifferent, but that they would enter heart and soul into the profession and practice of Christianity, so that love, harmony, and peace might take the place of anger, discord and violence.

His Excellency, at the conclusion of his address, noticed the King movement at the North, which he described as a childish game which would cease when some fresh toy presented itself to the fancies of the actors in it.

At the close of the meeting His Excellency was favoured with a specimen of the natives' vocal powers, in a song expressive of their regret at his departure -

Te ra te pukohu mau tonu mai i Pukehika;

Ko te ara tonu ia i haere ai taku torere.

Tahuri mai ki muri ra kia ringia atu he wai kei aka kamo Ehara i au nau rawa i tuatahi, nau rawa i tuapeka ki te iti

iau

No reira te ngakau i wakawairangi ai

He konohi aroha noku kia koe ra.

Part of:
Secretary, Native Department - Administration of native affairs, Reference Number MS-Papers-0032-0009 (20 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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