E—No. 9 Sec. VI-

It would seem, at first sight, that the remedy for this state of anarchy lies simply in providing for the effective administration of the law which is shewn to exist at present and to contain provisions applicable to the cases under report. There are, however, two difficulties in the way of a simple settlement of this kind. One on the part of the Natives, the other on that of the settlers. The temper of the Native mind appears to be such, that it would be useless to attempt to enforce submission to purely English-made law administered in purely English Courts. To provide for the effective administration among the Natives of a law of cattle trespass, whether as it at present exists, or in any other shape, it may be necessary, first, that the enactment of the law should spring from their own desire; and, secondly, that its administration should be, at least, participated in by themselves. It is highly probable that a majority of the Natives of the Hawke's Bay district would be quite ready to agree that a Native district, under the "Districts Regulation" and "Circuit Courts" Acts, should be constituted there; would turn their minds without delay or hesitation to the consideration of cattle trespass regulations ; would agree to regulations harmonious with the existing law, or with which the latter might readily be harmonized, so that a law similar in effect should exist throughout the Province; and, finally, would consent that the regulations so made and approved by the Governor should be administered by a Resident Magistrate and Native Assessors. This would, probably, be the first work undertaken ; but the other advantages and privileges to be conferred would form additional inducements to the constitution of the district, and the regulation of other important matters would readily follow upon that of cattle trespass. But there is a second great difficulty which presents itself, on the part of the European settlers. The enactment and effective administration of a cattle trespass law would not, in this case, have that effect which all laws ought to have: it will not prevent the commission of the offence. The inducement of good and plentiful feed for cattle appears to be so great, that trespass would be restrained by no law. Even were a moral obligation and a penalty combined found to be cogent upon the cattle owner, the same restraint could not be imposed upon the cattle. In all probability the best devised trespass law would only do one of three things:—either become a dead letter; or lead to general excitement and violence; or produce a compromise between the trespasser and the trespassee, equivalent to a license to depasture. It is impossible to ignore the fact, that the last is the result to which circumstances are tending; it is a result, indeed, which in some cases has been long ago arrived at. It seems also to be that which not only common prudence but broad political considerations would point out as the most desirable result. Hitherto, every case in which a peaceable settlement of the question at issue between the Natives and the settlers has been practically arrived at, has been a violation of the law. [Native Land Purchase Ordinance, 1846, section 1, clause 2.] The benefits presumed to be derivable from this law cease to exist in any district where as much land as the Natives are likely to sell to the Government has been bought from them. The restrictions imposed by the law then begin to be severely felt; both by the settlers, wbo desire to turn the wild land to its natural use; and by the Natives, who are precluded from employing their property to advantage, acquiring an income thereby, aud thenceforward taking many steps in civilization. This condition of things appears to have come about in Hawke's Bay. The Ordinance, in the clause above quoted, imposes a penalty upon any person using or occupying, without a license from " the Government," land not granted by the Crown; and from this liability even the Natives themselves do not appear to be exempt. The Eesideut Magistrate (or Civil Commissioner, as the case might be) specially appointed for the Native district might be entrusted, in coujunction with the Native Assessors, with the power of licensing persons to depasture cattle on lands within the district. They would act as agents at once for the property of the Natives and for the power of the Crown. They would register the licensees. An action for trespass over lands within the district would lie before the same Court, under the regulations of the district, against any unlicensed person. The licenses would be issued subject to fees and conditions to be determined on by the Runanga, in the same manner as other regulations. The Natives might possibly be induced to appropriate, through the Runanga, the produce of the fees, or a portion of them, for the expenses of their government, for roads, for schools, for religious purposes, for hospitals, or for any other public requirement of the district. I recommend that any Officer specially sent down, as suggested by His Excellency, to close the outstanding cases and to explain the nature of the regulations proposed to be established, should suggest the above method of deatiug with the subject for the future, should endeavour to obtain the assent of the Natives thereto, and should report without delay for further action. It would be necessary further to obtain the assent of the European population and legislature, so far as regards any alterations in the law of cattle trespass which may be required; and to induce them to abandon the hope of any further purchases by Government from the Natives within the district, through the present machinery of land purchase. Crosbie Ward.

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HAWKE'S BAY.