PARLIAMENTARY PAPERS.

New Zealand Herald, Volume II, Issue 553, 21 August 1865, Page 5

PARLIAMENTARY PAPERS.

Despatches from the Right ll"norable (idward Cardwell to his Excellency fir id. Grey, K.C. B. IVwning-sPeet, "211h April, 1565 Sir, —Amor? the Acts which accompanied your despatch No. N, of 7Lit January last, was trio .Act No ■I, "to Alter and Amend the New Z -aland Settlements Act, IBr>3 '' This enactment has been pa*sod to salislV the conditions upon which in my de-pat' h \ (i. Ki, of the -JGih of April, I SHI, you were until ,r----ist-d to L'ive effect to the Act of 1 S(>3 The most important of tiioso conditions were, first, that the duration of the Act should he limited to a definite period, not exceeding two yarn from tho date of the original enactment; next, that a commission should he constituted for the special purpose of enquiring what lands niav properly be forfeited, the members of whicli should not be removable with the Mild trv, and should be so chosen as to guarantee a fair and careful consideration of the matters brought before them : and thirdly, that tho powers of the Court, which by the .\ct woie materially circumscribed, should he so enlarged as to enable it to deal leniently with all native claims to compensation. Willi'regard to the first, of these points it is pro vided bv the present Act that the Act its-It, and that which it amend*, shall continue in operation until the 3rd of December, IStJo; but, by some oversight apparently, the usual words " and no longer" are omitted, a delect which may po?sibly lead _ to question as to the technical sufficiency of the limitation. With regard to the second and third points, the present law provides that the G-overuor (in Council), thatis to say, yourself and your Responsible Advisers mav give to dispossessed natives what compensation you and they think fit over and above what the Court may award. This is not in accordance with the terms of my despatch,as it does not provide for a judicial or a quasi- uWieial consideration ot the natives claims for compensation in cases where the letter of the Act excludes them lrom that privilege ; on tho contrary, it requires in all Mich cases that compensation. shall not be given without tho concurrence of an authority cssetitially political, and necessarily refecting tho popular feeling of the moment. 1 infer, however, from your assenting to the Act, that you feel yonrse.f able under its provisions to secure ill,, j.ropor treatment of these questions. ou will of course keep steadily in mind tho instructions in my despatch befo'.'e referred to, to the effect that in accepting anv cession, or authorizing confirmation of anv forfeiture of land, you should retain in your own hands ample power of doing substantial justice to every class of claimants for restitution or compensation. 1 have refrained from submitting these Acts to Her Majesty either for approval or disallowance, because while I am ready to rely upon you for applying them equitably up to the time when they are intended to expire, J am unalde to view them as wholly satisfactory, and also because 1 think it may prove advisable to obviate by a formal disallowance _ hereafter that doubt respecting their legal duration to which 1 have already ail verted. I have, &e., Kiavaku Cabdwell. Governor Sir George Grey, K.C.8., &c., &e. ct. Dowmng-strect, l'2n 1 May, 1863. Slit, —I have tho honor to inform you thtt, 1 i'cf. rrcd, for the favourable consideration of the Secretary of Mate for War, a copy of vonr despatch with its enclosures No. lf>U, of the 2-nd of November, recommending Major Charles lieapliy, of the Aucklan 1 Militia, for tho decoration of a Victoria Cross for his conduct at the -kirmish on the banks of tho Maugapiko liver, in February, 1864 I am informed, however, by Lord do firey that the Koyal Warrant, instituting the decoration limits the grant of it to the oilicers and men of the regular army and navy, and that his Lordship is therefore precluded Irom recommending her Majesty to confer the Victoria Cross upon Major Heipliy. His Lordship is not of opinion that tho Royal Warrant could properly be oxtended beyond tho officers and s ldiers ot' tho regular army, who, ha ~'tiserves. have no chane; of r ceiving that substantial reward in land or otherwise, which colonial oilicers may receive from the Governments whoso servants they are. I much regret the disappointment whieli this decision may cause to Major Heaphy, whose gallantry on thu occasion iu question is lullv established) but

I am unable to dispute the force of the considerations on which. Lord de Grey rests his decision. I have, 4c., Edward Caedwell. Governor Sir George Grey, X.C.8., &c., &c., &c. PRESENTATION OF DECORATIONS TO COLONIAL OFFICERS AND MEN. MEMORANDUM BY MINISTER-. Ministers acknowledge the receipt of the rieht honourable Mr. Cardwed's d-spatch No. 3R, dated '22nd of Mav last, to liia Excellence the Q-overnor, stating the reasons which preclude the Secretary of S ate for War from recommending Major Heaphv, of the Auckland Mi itia, for the decoration of iho Victoria Cross, for his conduct at the skirmish on the banks of tho Man«apiko River, in February, 186-1. It appears that the royal warrant instituting this decoration limits the grant of it to the officers and men of the regular army and navy. Ministers express their regret that technical rules prevent a recommendation to Her Majesty to confer an hororable distinction on oflicers and men of a colonial militia, even as in the case in question, for gallantry displayed by an officer of that corp while fighting side by side with regular troops, under the sFime command and subject to the same discipline, and who wa3 himself wounded while saving the life of one of the Queen's soldiers. In a memorandum to the Governor, dated 27th January, 1861, his Excellency's then Responsible \dvisers expressed their opinion " that it is of the highest consequence, in order to secure the efficiency and zeal of the Militia and Volunteer forces in New Zealand, that the services of tlioEe forces, when in the field together with her Majesty's regular troops, should be recognised by such acknowledgment and honorary rewards as they may in each instance be considered to merit, in accordance with the coarse adopted in similar cases with respect to the regular forces." His Excellency, in transmitting that memorandum to the Duke of Newcastle, in a despatch No. 18, dated 19th February, 1863, stales: " I concur with my Hosponsible Advisers in thinking that it would bo well if some special Order of Merit for the Colonies could be conferred upon those officers of Militia and Volunteers who distinguished themselves in the defence of any of her Majesty's possessions. In past years, both in New Zealand and the Caps of Good Hope, the want of some such special distinction has been felt as a great hardship by gallant men who have rendered her Majesty good serrice in the field. This subject is well worthy your Grace's consideration." Ministers fully concur in the opinion then expressed both by his Excellency and his Responsible Advisers. Mr. Cardwell further states that Lord de Grey and Itipon is not of opinion that the Royul Warrant could properly bo extended beyond the regular army, who, he observes, have no chance of receiving that substantial reward in land or otherwise which Colonial officers may receive from the Governments whose servants they are." Ministers would observe that in the Province of Auckland, in which the skirmish referred to occurred, oflicers and men ol the regular army have for so many yeaas been and are still entitled to " substantial reward ill land" on their retirement from tho service for the purpose of settling in that Province. Nor are Ministers aware of any precedent in tho past of such r n ward being given by the Colonial Government to Militia officers in anv case, or even to the officers of the Military {Settlers, as distinguished from those in the Queen's service. Ministers, however, only notice this point because Mr. Cardwell states that ho is unable to dispute the force of the considerations on which Lord de Grey rest' his decision. They would not for a moment be understood aB instituting, either in the case of the regular forces or of colon al militia, the slightest comparison between the relative value of a bestowal by iter Majesty of tho Victoria Cross, and of a grant of land, either as a reward for gallantry or as a proper object of military ambition. Any comparison of that kind, tliey consider, would be derogatory to the high honour of the Imp-rial army ; and they estremelv regret that Lord de Grey should have felt justified in making such an invidious insinuation as against her Majesty's colonial forces. ,v colonist, although he is far removed from hie native land, is. when cMI-d upon by the representative of the Crown to take the field, anxious to do his duty, and to earn by his gallantry and devotion the decjrations whi'h testify the approbation of hiSovereign, anl which Her Maiesty can alone confer ; and his sense of pain at his exclus on from n share ol su-It honorary rewards is uuncces arily embittered when such exclusion is intimated to him in terms wiich indirectly convey au imputation of sordid motives. F. A. Weld. Wellington, 11th August, 18ti5.