G—2b,

18

manner as to prevent their future alienation by themselves, might reasonably appear to any Governor " such a measure" as their advancement in civilization might require. It was with a view to promote the civilization of the Natives that the New Zealand Company devised the plan of Native reserves, as it was confidently anticipated that by a judicious intermixture of lands, and proximity of dwellings, that the Natives would naturally adopt the habits and customs of the settlers. By the tenor of a letter from Lord John Russell to Governor Hobson, dated 28th January, 1841, the setting apart of Native reserves is evidently contemplated as the Governor is directed, " that tracts of land permanently retained for the use and occupation of the aborigines shall be defined by natural and indelible land marks, and should be inalienable even in favor of the local Government." On Governor Hobson's first visit to Wellington (19th August, 1841), he recognized both the public and Native reserves, selected by Captain Smith, the New Zealand Company's chief surveyor, and gave Air. Halswell, who he had previously appointed a Commissioner of Native Reserves, general instructions concerning the management of the latter, to which additional instructions were added, (24th December, 1842). Subsequently, Mr. Halswell was superseded in the management of the trust estate, and the trusteeship of the Native reserves in the Colony was vested by Governor Hobson in the Bishop, the Chief Justice, and the chief protector of aborigines. An Act was passed in 1844, for the more effective management of these lands, and legally vesting them in trustees. Had the Act been in operation the after appropriations for general purposes could not have been made, as its provisions expressly forbade alienation, except by lease, and declared all charges or encumbrances on the trust estate to be void. This Act received the Queen's assent, but did not come into operation in the Colony owing to the terms of the last clause not having been complied with. In course of time Boards of Management were appointed to administer the property, and subsequently it was vested in Commissioners under the Act of 1856. In all these dealings with the property the absolute rights of the Natives to the exclusive benefit of these lands was admitted, and no action at variance with these rights was done until the appropriation of the hospital site in the town of AVellington, in 1847. And that was appropriated solely on the ground of expediency, the Government of the day admitting then liability to compensate the Native trust for such appropriations. The above mentioned facts constitute a very strong case, enough probably for the general denial, that a right existed to allocate lands set apart solely for the Natives under express agreement with the Imperial Government, under the terms of the prospectus of three of the Company's settlements, as the chief consideration for the cession of Native territory. Alexander Alackay, Commissioner of Native Reserves. Nelson, 29th July, 1873. By Authority: Oiobok Didsbvky, Government Printer, Wellington.—lB73. [Price Is.]