In consequence of this community of ownership every additional person
born claimed ownership by right of descent. As time went on only the
few could have told exactly what their rights were; but every Maori was
assured that the land belonged to him and that it could not be disposed
of without his sanction.
The chiefs share was the largest, because of his direct descent from
the chief who originally took possession of the district; but even in
this distinguished instance the voice of the people made itself heard,
and the chief himself could not part absolutely with the land unless by
common consent. The land might be leased to strangers, but the only way
in which the owners could be dispossessed was by conquest.
As with chiefs, so with humbler folk. The land held by a family was
not theirs to dispose of without the consent of the tribe. A family of
one tribe might lease to a family of another tribe; or an entire tribe
might transfer its holding; but the land was not given away for ever,
and could be reclaimed at a future date.
The colonists could never understand this principle; nor could the
Maori comprehend that land, once exchanged for money or goods, had for
ever passed away from them. Endless difficulties arose with the Pakeha,
because every descendant of the original possessor of land claimed a
share of the property and of the price. It is indubitable that this
conflict of the laws of one race with the law of another caused much of
the bitter strife which arose later.
The position of the chief thus rendered him the person of most
importance with regard to land. In his family were kept records, such
as they were; in his memory were stored facts concerning the district,
which he had received from his father, who, in his day, had received
them from his father.
Who, then, so well fitted to decide an argument, adjust disputes,
settle the right and wrong of any questions concerning land? The
deposition of such a man might have been followed by his withdrawal
from the _hapu_, perhaps from the tribe itself, an irreparable loss
to those who relied upon him for correct information respecting their
landed property.
The origin of _tapu_, that tremendous engine of power, that law above
the law, is lost in obscurity, so very ancient is the custom, and all
that we know about its curious working is derived from observations
made in the South Sea Islands, where alone it is now found in anything
like its old power.
The law of _tapu_ served as a fairly efficient, if vexatious,
promoter of law and order. Broadly stated, _tapu_ stood for two
principles--protection and punishment, and the person or thing affected
by it was a person or thing apart, not even to be touched under pains
and penalties the most severe.
Chiefs were permanently _tapu_, as it was necessary that their exalted
state should be clearly recognisable; so they were placed upon a
pinnacle of isolation which extended to their property as well as to
themselves.
Public-domain text, read in full here on John Shaqi.
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