No. 11.
Memorandum by D. McLean, Esq., on the Claims to a portion of Banks' Peninsula.

The history of this case appears to be that Captain L'Anglois, a French whaler, purchased land at Akaroa from the Natives; a section of the Natives did not agree to the sale; and those who did, stipulated at the time that they should have certain reserves for themselves. A clause to this effect is inserted in the original Deed of Sale.

The extent or position of the reserves was not then strictly defined, further than that an understanding existed that they were to be situated, one on the north and the other on the south side of the Akaroa harbor, where the Natives were then residing.

The Natives who did not agree to sell the land in the first instance, and who did not participate in the payments made for it, demand some compensation before relinquishing their claims; and those who sold expect the reserves formerly promised to be assured to them by the Government.

The whole of Mr. Mantell's and Mr. Johnson's evidence goes to show that this question had never been fairly settled; therefore it is evident that the Natives are only demanding their just rights; and no expectations have been raised, by the fact of a Commissioner having gone to Akaroa, beyond what existed before the formation of the Canterbury settlement, by the unquestionable rights of the Natives to the land over which their claims have not been extinguished.

The real merits of the case are now so far ascertained, that I conceive the question can be settled on the following basis:—

Firstly.—That a reserve of 400 acres at Onuku, on the north side of the Akaroa harbour, be laid off for the Natives.

Secondly.—That a reserve of 400 acres, between Tikau Bay and the Wainui Valley, on the south side of the Akaroa harbour, be also laid off for the Natives; and that compensation should be given to the Akaroa claimants, who did not participate in the first sale, to the amount of £150; which sum is now lying in the hands of Mr. Watson, the Resident Magistrate, for this purpose.

Thirdly.—That with reference to the unextinguished claims at Kaiapoi, a sum of £150 should be paid to the Natives, conditionally, that they first settle the Akaroa claims.

Fourthly.—Mr. Hamilton, as an officer of the General Government, and who understands the Natives pretty well, is the most competent person that I know of at Canterbury to settle the question,—if his services can be available for this purpose;—and it is necessary that the Natives should understand that this settlement is to be final.

Fifthly.—The reserves should be clearly marked off and defined by a competent surveyor, in the presence of the Natives. In order that no future questions or disputes may arise about boundaries, a deed of conveyance from the Natives to the Crown can be forwarded together with further detailed information, to aid Mr. Hamilton in settling this case, should His Excellency approve of his being employed for this service.