154 HOW TO LEGISLATE [PART I. 



and that all the individuals of a tribe have not 

 equal claims to its property. This, however, is no 

 objection to the arrangement which I suggest. The 

 tribes are small, their constitution nearly patri- 

 archal : all who belong to one family work in com- 

 mon ; and it seems to be advisable not to interfere 

 with this. Wars having ceased, slavery will wear 

 out in time ; any interference in the latter respect 

 would not be properly appreciated, either by the 

 masters or by the slaves. The latter are now ge- 

 nerally seeking their fortunes amongst the Eu- 

 ropeans, in consideration of giving their master a 

 part of their earnings, in return for which they are 

 fed, and participate in the resources of the tribe. 

 When the old generation dies offj this state of de- 

 pendence will cease. When members of a tribe die 

 without leaving heirs, the property should belong to 

 the rest of the tribe. 



V. There are, however, some cases in New Zea- 

 land in which the interference of the commissioner is 

 required. These are, for instance, when a tribe has 

 been conquered by another, and has been allowed 

 to remain on the land, or has had some other place 

 given it to inhabit. According to native customs, 

 they have no right to the place in which they live. 

 In such cases, a place of habitation and their 

 freedom should be secured to them by treaty or by 

 purchase from the conquerors, and the latter should 

 be made aware that they must give up all preten- 

 sions to authority over their former foes, and 



