FURTHER DESPATCHES FROM THE RIGHT HON. THE SECRETARY OF STATE FOR THE COLONIES TO THE GOVERNOR OF NEW ZEALAND.

Appendix to the Journals of the House of Representatives, 1869 Session I, A-01a

A.—No. la.

FURTHER DESPATCHES FROM THE RIGHT HON. THE SECRETARY OF STATE FOR THE COLONIES TO THE GOVERNOR OF NEW ZEALAND.

(In continuation of Papers presented \Atli October, 1868.)

PRESENTED TO BOTH HOUSES OF THE GENERAL ASSEMBLY, BY COMMAND OF HIS EXCELLENCY.

WELLINGTON. 1869.

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SCHEDULE OF DESPATCHES

FROM THE SECRETARY OF STATE TO THE GOVERNOR OF NEW ZEALAND.

c . ■ c""o Date and Number. Subject. Page. 2 8 13 August, 1868 (No. 95.) 15 August, 1868 (No. 98.) 1 Sept., 1868 (No. 101.) Transmitting a copy of the Act of the Imperial Parliament " To declare the Powers of the G-eneral Assembly of New Zealand to abolish any Province in that Colony or to withdraw from any such Province any part of the Territory thereof" Transmitting copies of a Pamphlet, published under authority of the Admiralty, giving a description of the outlying Islands South and East of New Zealand Transmitting a copy of the Act of the Imperial Parliament " To make provision for the appointment of Members of the Legislative Council of New Zealand and to remove doubts in respect of past.appointments " Transmitting a copy of the Act of the Imperial Parliament " To remove doubts respecting the operation of the New Zealand Companies Act, 9° and 10° Viet., cap. 382, (Local and Personal)" Acknowledges receipt of Governor's Despatch No. 52, of 1st July 1 2 2 1 Sept., 1868 (No. 102.) 3 4 5 <; 8 Sept., 1868 (No. 104.) 9 Sept., 1868 (Circular.) 14 Sept., 1868 (No. 105.) Transmitting a copy of the Act of the Imperial Parliament " To amend the Law relating to Medical Practitioners in the Colonies "... Acknowledging receipt of Grovernor's Despatch No. 58, forwarding a Ministerial Memorandum relative to the Settlement of Accounts between the Imperial and Colonial Governments Acknowledging receipt of Grovernor's Despatch No. 49, giving a detailed account of Native Affairs, and intimating that on the withdrawal of the 18th Eegiment it was not intended to replace it Acknowledging receipt of Governor's Despatch No. 76, forwarding Address to Her Majesty on the occasion of the attempted Assassination of H.R.H. the Duke of Edinburgh Acknowledging receipt of Governor's Despatch No. 61, of 17th July 4 7 5 19 Sept., 1868 (No. 106.), 6 9 10 11 8 Oct., 1868 (No! 109.) 13 Oct., 1868 (No. 111.) 13 Oct., 1868 (No. 112.) 19 Oct., 1868 (No. 114.) Acknowledging receipt of Governor's Despatches Nos. 78 and 79, of the 8th August, reporting the Escape of the Maori Prisoners from the Chatham Islands Acknowledging receipt of a Despatch forwarding a Resolution of the Legislative Council recommending the postponement of the departure of the 18th Regiment, and declining to accede to the request Acknowledging receipt of Governor's Despatch No. 87, of the 31st August, relative to the distribution of the 18th Regiment in New Zealand Acknowledging the receipt of Governor's Despatch No. 67, of the 25th July 6 1 T 12 7 18 11 6 Nov., 1868 (No. 117.) 7 Nov., 1868 (No. 119.) 16 Nov., 1868 (No. 120.) 8 8 15 Transmitting Correspondence relative to a charge brought against the Captain of the French whaler " Winslow," by the Wellington Independent, of having assisted in the Escape of the Maori Prisoners from the Chatham Islands ... Transmitting a reply from the War Office to the Resolution of the House of Representatives relative to making New Zealand the Sanitarium for invalid Troops of the British Army Acknowledging receipt of Governor's Despatches Nos. 99 and 100—(1, reporting reverse at Ngutu-o-te-Manu ; 2, covering a Resolution of the House of Representatives urging the retention of the 18th Regiment,)—and stating reasons for declining to comply with the request contained in the Resolution ... Expressing concurrence in the instructions conveyed by the Duke of Buckingham as to the immediate departure of the Troops on the arrival of the "Himalaya" Acknowledging receipt of Governor's Despatch No. 108, of 2Gth October S i<; 17 18 Nov., 1868 (No. 124.) 1 Dec, 1868 (No. 127.) 9 lu 18 Lfl 80 2L 18 Dec, 1868 (No. 3.) 4 Jan., 1869 (No. 5.) 9 Jan., 1869 (No. 6.) 11 Jan., 1869 (No. 7.) 12 Jan., 1869 (No. 8.) 18 Jan., 1869 (No. 9.) Expressing approval of the despatch of a detachment of the 18th Regiment to Wanganui ... Acknowledging receipt of Governor's Despatch covering the Report of the Royal Commission on Prisons ... Acknowledging receipt of Governor's Despatch No. 107, of 25th October: also referring to Ordinances of the Province of Otago Intimating that Her Majesty will not be advised to disallow certain Acts of the Assembly : also containing observations on the " Escheat Act " and the " Supreme Court Practice and Procedure Act"... Transmitting Correspondence with Mr. Fitzherbert relative to the Defence of the Australasian Colonies Announcing the receipt of intelligence of the Poverty Bay Massacre 11 11 11 11 22 12 2:? 12 2t 25 86 27 28 M 26 Jan., 1869 (Circular.) 29 Jan., 1869 (No. 12.) 29 Jan., 1869 (No. 14.) 4 Feb., 1869 (No. 16.) 9 Feb., 1869 (No. 19.) 12 Feb., 1869 (No. 20.) 22 Feb., 1869 (No. 22.) 23 Feb., 1869 (No. 23.) 24 Feb., 1869 (No. 26.) 25 Feb., 1869 (No. 27.) Transmitting a protest by Mr. Henry Selfe Selfe against " The Public Debts Sinking Funds Act, 1868"... Transmitting Correspondence relative to the Survey of the Coast of New Zealand Transmitting a proposal by Colonel D'Arey, late Governor of the Gambia, as to the formation of a permanent Colonial Force for New Zealand Acknowledging the receipt of the Governor's Despatch No. 114, transmitting a protest by the Hon. Mr. Mantell against the " Ngaitahu Reference Validation Bill " Intimating that Her Majesty will not be advised to disallow certain Acts of the Assembly ... 15 10 17 21 22 80 23 23 81 Transmitting a protest by Mr. F. Braithwaite against " The Public Debts Sinking Funds Act, 1868" ... Acknowledging receipt of the Governor's Despatch No. 124, of 5th December, forwarding a Petition to the Queen from the Wives, Mothers, and Daughters of the Settlers of Wanganui Acknowledging receipt of Governor's Despatches Nos. 116, 125, and 129, furnishing particulars of the Poverty Bay Massacre, and commenting on a statement contained in Despatch No. 125, to the effect that the Colony accepted the conditions on which Lord Carnarvon offered to leave a Regiment in the Colony 24 82 21 BS 25

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ij " CO Date and dumber. Subject. Page. 31 26 Feb., 1869 (No. 28.) Intimating that the Correspondence between the Governor and Sir T. Chute, relative to the withdrawal of Troops, had been communicated from the War Office, and expressing a fear that Sir T. Chute's presence in the Colony might lead the Colonists to rely on Imperial assistance ... Expressing a desire to be supplied with information on certain points connected with the Native disturbances ; the numbers and rates of pay of the Colonial Forces; and relative to a reward offered for the person of Titokowaru ... Referring to the " Act to make provision for the appointment of Members of the Legislative Council of New Zealand, and to remove doubts in respect of past appointments," and a Memorandum by Mr. Stafford thereon ... Transmitting a copy of a Letter from the War Office on the subject of " The Colonial Forces Courts Martial Act, 1868," and suggesting amendments of the Act ... Referring to an application by Mr. Fitzherbert for a guarantee of a fresh Loan for New Zealand of £1,500,000, and stating grounds for concurring with the Lords of the Treasury in refusing the application Acknowledging the receipt of Governor's Despatches reporting Colonel Wliitmore's operations against Te Kooti and the capture of Ngatapa Referring to a Letter printed in the Hawlce's Bay Herald, stating that rewards had been offered for the capture of Natives, " who are shot as soon as they arrive," and expressing a hope that the Government of New Zealand do not permit their prisoners to be shot indiscriminately Acknowledging the receipt of the Governor's Despatches Nos. 14 and 20, (1) forwarding reports of Colonel McDonnell's advance to Ngutu-o-tc-Manu, and (2) the evacuation of the Pa by Titokowaru ... Acknowledging receipt of Governor's Despatch No. 18, of 8th February, reiterating directions that the departure of the 18th Regiment may not be delayed, and expressing a hope that the Colonial Government will make adequate efforts for the restoration of tranquillity ... Transmitting Correspondence relative to the issue of the New Zealand War Medal to Colonial Volunteers ... Referring to a suggestion made by Mr. Fitzherbert relative to the establishment of a Branch of the Royal Mint in New Zealand Acknowledging receipt of the Governor's Despatch No. 117, of 29th November, relative to an error in the Admiralty Charts, and additional Coast Lights for New Zealand ; and transmitting Correspondence ... Acknowledging receipt of the Governor's Despatch No. 31, of the 11th March 35 26 Feb., 1869 (No. 30.) 25 26 86 16 March, 1869 (No. 34.) 26 w 38 18 March, 1869 (No. 36.) 21 March, 1869 (No. 37.) 27 28 39 40 2 April, 1869 (No. 40.) 20 April, 1869 (No. 43.) 30 23 April, 1869 (No. 45.) 31 11 23 April, 1869 (No. 46.) 32 12 82 13 44 26 April, 1869 (No. 47.) 30 April, 1869 (No. 49.) 30 April, 1869 (No. 51.) 33 34 15 19 May, 1869 (No. 55.) 19 May, 1869 (No. 56.) 19 May, 1869 (No. 57.) 35 36 46 47 Acknowledging receipt of the Governor's Despatch No. 9, of 26th January, forwarding Petitions from Auckland and Southland, and a Letter from the Superintendent of Otago Acknowledging receipt of the Governor's Despatch No. 29, of 9th March, enclosing communications on the subject of the good conduct of the 18th Regiment, copies of which had been forwarded to the War Office ... Acknowledging receipt of the Governor's Despatch No. 34, of the 13th March 36 IS 20 May, 18G9 (No. 58.) 20 May, 1869 (No. 59.) 21 May, 1869 (No. 61.) 21 May, 1869 (No. 62.) 86 36 lii 50 Requesting to be informed of the addresses of any Volunteers now resident in England, who may be recommended for the New Zealand War Medal Acknowledging receipt of Governor's Despatch No. 22, of 15th February, relative to the sale of Gunpowder and Military Stores In reply to Governor's Despatch No. 30, of the 11th March, forwarding a Memorandum by Mr. Stafford, inquiring as to the conditions on which a portion of Her Majesty's regular Troops will be allowed to remain in New Zealand Transmitting Correspondence relative to the investment of the Sinking Fund of the New Zealand Loan in Colonial Securities Acknowledging receipt of Governor's Despatch No. 38, of the 24th March 36 61 52 87 37 53 54 55 56 57 8 June, 1869 (No. 67.) 10 June, 1869 (No. 68.) 14 June, 1869 (No. 70.) 15 June, 1869 (No. 71.) 18 June, 1869 (No. 73.) 18 June, 1869 (No. 74.) IS June, 1869 (No. 75.) 18 June, 1869 (No. 76.) Transmitting copy of a Letter from the War Office relative to the sale of Gunpowder and Military Stores in New Zealand Acknowledging the receipt of Governor's Despatch No. 42, of the 30th March Acknowledging receipt of Governor's Des2)atches Nos. 37, 41, and 49, reporting Military Operations on the West Coast and the Massacre at Mohaka Acknowledging receipt of Governor's Despatch No. 50, of the 13th April 38 40 •10 40 41 41 58 59 In reply to a paragraph in the Governor's Despatch No. 28, of the 8th March, relative to the intended removal of Troops from New Zealand not having been communicated to him Acknowledges receipt of Governor's Despatch No. 46, forwarding a Letter to Mr. Firth, and recommending self-reliance to the Colonists. Also, relative to the validity of Colonial Indemnity Acts Forwarding a copy of " The Colonial Prisoners Removal Bill " 41 60 61 7 June, 1869 (Circular 3.) 11 June, 1869 (Circular 1.) 42 42 62 Transmitting Correspondence relative to a proposal to encourage Non-Commissioned Officers and Soldiers of good character to accept their discharges with a view to their employment in positions of trust in the Colonies 41

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No. 1. Copy of a DESPATCH from His Grace the Duke of Buckingham to Governor Sir G. F. Bowen, G.C.M.G. (No. 95.) Downing Street, 13th August, 1868. (Eeceived at Wellington, 21st October, 18G8.) SIR, — (Answered, " Separate," 26th October, 1868.) With reference to previous correspondence respecting the New Zealand " County of Westland Act, 1867," and on the subject of the Bill which it was proposed to introduce into the Imperial Parliament, to remove doubts as to the validity of that Act, I have the honor to transmit to you the enclosed copies of an Act which received Her Majesty's assent on the 31st ultimo, entitled " An Act to " declare the Powers of the General Assembly of New Zealand to abolish any " Province in that Colony, or to withdraw from any such Province any part of the " Territory thereof." I have, &c, BUCKINGHAM AND CHANDOS. Governor Sir G. P. Bowen, G.C.M.G.

Enclosure in No. 1. Anno Teicesimo Peimo & Teicesimo Secundo.—VictobijE Begins. Cap. XCII. An Act to declare the Powers of the General Assembly of New Zealand to abolish any Province in that Colony, or to withdraw from any such Province any part of the Territory thereof. [31** July, 1868.] Whereas by the third section of an Act of the Session holden in the twenty-fifth and twenty-sixth years of Her Majesty, intituled " An Act respecting the Establishment and Government of Provinces " in New Zealand, and to enable the Legislature of New Zealand to repeal the Seventy-third Section of "an Act, intituled 'An Act to grant a Representative Constitution to the Colony of New Zealand,'" it was provided, that it should be lawful for the General Assembly of New Zealand, by any Act or Acts to be by them from time to time passed, to establish or provide for the establishment of New Provinces in the Colony of Now Zealand, and to alter or to provide for the alteration of the boundaries of any Provinces for the time being existing in the said Colony, and to make provision for the administration of any such Provinces, and for the passing of laws for the peace, order, and good government thereof: And whereas doubts are entertained whether the said General Assembly has power under the above-recited enactments, or otherwise, to abolish any such Province now or hereafter to be established, or to withdraw from such Province any part of the territory comprised therein, except for the purpose of including the same within the limits of some other such Province, and it is expedient that such doubts should be removed: Be it therefore enacted by the Queen's most Excellent Majesty, by and with tho advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows : 1. The General Assembly of New Zealand shall be deemed to have, and since the passing of the afore-mentioned Act to have had, the power of abolishing any Province at any time heretofore or hereafter to bo established in New Zealand, or of withdrawing therefrom the whole or any part of the territory comprised therein, and of passing laws for the peace, order, and good government of the territory so withdrawn from or ceasing to form part of the territory of any such Province, whether such territory shall or shall not be included within the limits of any other Province of New Zealand, and also the power of making from time to time such provision, as to such General Assembly shall seem expedient, relating to the effect and operation of any such withdrawals of territory in or with respect to the Province from which such territory shall have been withdrawn, and the Superintendent and Members of the Provincial Council thereof for the time being in office, and the laws in force in such Province at the time of such withdrawals of territory therefrom.

DESPATCHES FROM THE SECRETARY OF STATE TO THE GOVERNOR OF NEW ZEALAND.

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2

DESPATCHES PROM THE SECRETARY OP STATE

Enclosure presented in original.

Nos. 2 and 13, of 1868.

No. 2. Copy of a DESPATCH from His Grace the Duke of Buckingham to Governor Sir G. P. Bowen, G.C.M.G. (No. 98.) Downing Street, 15th August, 1868. (Beceived at Wellington 21st October, 1868.) SIR, — (Answered, " Separate," 2Gth October, 1868.) With reference to my Despatch No. 54, of 18th May, on the subject of the suggestion made by the Melbourne Chamber of Commerce for the periodical visitation of the Auckland Islands, and other uninhabited islands, by Her Majesty's ships, I transmit to you six copies of a pamphlet which has been drawn 'up and printed by the Ilydrographer of the Navy for the use of Her Majesty's ships on the Australian station, giving a description of the outlying islands south and east of New Zealand. I have, &c, BUCKINGHAM AND CHANDOS. Governor Sir G. P. Bowen, G.C.M.G.

No. 3. Copy of a DESPATCH from His Grace the Duke of Buckingham to Governor Sir G. P. Bowen, G.C.M.G. (No. 101.) Downing Street, Ist September, 1868. (Beceived at Wellington, 21st November, 1865.) SIR, — (Answered, No. 101, 2nd December, 1868.) I have to acknowledge the receipt of your Despatch of the 30th June, reporting that you have summoned four gentlemen therein named to the Legislative Council of New Zealand. The question regarding the legality of the appointment of Members of the Legislative Council was, as you are aware, first brought under my consideration by the Despatch of your predecessor of the 24th December last. I have since received from you two Despatches, noted in the margin, upon the same subject. Acting upon the advice of the Law Officers of the Crown, whose opinion I took upon this important constitutional question, I caused a Bill to be introduced into Parliament with the double object of validating all past appointments and of prescribing, for the future, the proper mode of appointing members of the Legislative Council. I have now the honor to transmit to you a copy of the Imperial Act 31 and 32 Vict. c. 57. You will observe that by section 3 all summonses made before this Act is proclaimed in the Colony are legalized, and that, for the future, the Governor of the Colony may summon to the Council such persons as he shall think fit, subject to the conditions expressed in the proviso at the end of the second section. I have, &c, BUCKINGHAM AND CHANDOS. Governor Sir G. P. Bowen, G.C.M.G.

Enclosure in No. 3. Anno Teicesimo Puimo & Teicesimo Secundo Victoiujk Begins. Cap. LVII. An Act to make provision for the Appointment of Members of the Legislative Council of New Zealand, and to remove doubts in respect of past Appointments. [13th July, 1868.] Whereas by an Act passed in tho Session of Parliament holden in the fifteenth and sixteenth years of Her Majesty's reign, chapter seventy-two, intituled " An Act to grant a Bepresentativo Constitution to the Colony of New Zealand," it is (amongst other things) enacted, that it shall be lawful for Her Majesty, from time to time, by any instrument under her Boyal Sign Manual, to authorize the Governor to summon to the Legislative Council of the said Colony such person or persons as Her Majesty shall think fit, being qualified as therein is mentioned : And whereas Her Majesty has, by divers instruments under Her Boyal Sign Manual, authorized successive Governors of tho said Colony to summon to the said Legislative Council, from time to time, such person or persons, being qualified as aforesaid, as the said Governors respectively should deem to be prudent and discreet men:

TO THE GOVERNOR OF NEW ZEALAND

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3

And whereas, in pursuance of the said instructions, persons have, from timo to time, been summoned to the said Legislative Council by the Governors of the said Colony : And whereas doubts have arisen whether such persons, not having been, previously to their being so summoned, expressly named or appointed by Her Majesty in any instrument under the Eoyal Sign Manual, or otherwise, have been legally summoned to the said Legislative Council, and become members thereof; and it is expedient that such doubts should be removed, and that fresh provision should be made for the future appointment of Legislative Councillors in the said Colony: Be it enacted by the Queen's Most Excellent Majesty, by and with tho advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same as follows: 1. So much of the said recited Act as is inconsistent with this Act is hereby repealed. 2. From and after the proclamation of this Act in the said Colony of New Zealand, it shall bo lawful for the Governor of the said Colony, from time to time, in Her Majesty's name, by an instrument or instruments under the Public Seal of the said Colony, to summon to the said Legislative Council such person or persons as the said Governor shall think fit, cither in addition to the present members of the said Council, or for supplying any vacancies which may take place therein by death or otherwise ; and every person who shall be so summoned shall thereby become a member of the Legislative Council: Provided always, that unless otherwise determined by the Legislature of New Zealand, no person shall be summoned to such Legislative Council who shall not be of the full age of twenty-one years, and either a natural-born subject of Her Majesty, or a subject of Her Majesty naturalized by Act of Parliament or by an Act of the Legislature of New Zealand. 3. All persons who, before the proclamation of this Act in the said Colony, shall have been summoned to the Legislative Council of the said Colony by the Governor, without having been so previously named or appointed by Her Majesty as aforesaid, shall be deemed and taken to have been legally summoned, and to be and to have been and become members of the said Legislative Council from the respective periods when they were so summoned ; and no matter or thing done by any such person so summoned as aforesaid, as such member as aforesaid, shall be deemed or taken to be or to have been invalid by reason of such person not having been previously duly named or appointed by Her Majesty in pursuance of the said recited Act. 4. In the construction of this Act the term " Governor " shall mean the person for the time being lawfully administering the Government of New Zealand.

No. 4. Copy of a DESPATCH from His Grace the Duke of Buckingham to Governor Sir G. P. Bowen, G.C.M.G. (No. 102.) Downing Street, Ist Setember, 186S. Snt 5 — (Beceived at Wellington, 21st November, 1868.) With reference to your predecessor's Despatch of Ist June, 1867, and to mine of sth September of that year, No. 55, relative to the true construction to be placed on certain words contained in the 51st section of the New Zealand Company's Act, 9 and 10 Victoria, cap. 382; I transmit to you the accompanying copy of an Act, which has been passed by the Imperial Parliament to remove doubts respecting tho operation of the Act in question. I have, &c, BUCKINGHAM AND CHANDOS. Governor Sir G. P. Bowen, G.C.M.G.

Enclosure in No. 4. Anno Teicesimo Primo & Teicesimo Secundo Victoria Begins. Cat. XCIII. An Act to remove Doubts respecting the Operation of the New Zealand Company's Act of the Ninth and Tenth Tears of Victoria, Chapter Three hundred and eighty-two (Local and Personal). [31st July, 1865.] Wheeeas by an Act passed in the Session of Parliament holden in the ninth and tenth years of Her Majesty, intituled " An Act to grant certain Powers to the New Zealand Company," after reciting that divers land orders or contracts for the sale or conveyance of lands, tenements, and hereditaments in New Zealand had from time to time been issued and made by the said Company, it was, by the fifty-first section, amongst other things enacted that a conveyance by the said Company, or their Trustees in whom the same should be vested, of the lands, tenements, and hereditaments to which any such land order or contract should relate should be deemed both at law and in equity, as well in the Colony of New Zealand as elsewhere, a full and complete performance by and on the part of the Company of the contract or obligation contained in or resulting from such land order to convey the said lands, tenements, and hereditaments, and should exonerate the Company, their successors and assigns, from all responsibility as to the disposition of such lands, tenements, and hereditaments, or any of them, or any other matter or thing consequent on or resulting from such conveyance; but, notwithstanding any rule of law or equity to the contrary prevailing in the Colony of New Zealand or elsewhere, the lands, tenements, and hereditaments comprised in any such conveyance should con-

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DESPATCHES FROM THE SECRETARY OF STATE

tinue and be subject to such equitable estates, charges, and liens, if any, created by the purchaser or purchasers named in the land order or contract to which tho same should relate, or any person deriving title from, through, or under him, her, or them, as at the date of such conveyance should be subsisting, or be then or thereafter capable of taking effect, and the rights and interests of the parties interested as or through the purchaser or purchasers named in such land order or contract (inter se) should remain unaffected thereby : And whereas by an Act passed in the Session of Parliament holden in the fourteenth and fifteenth years of Her Majesty, intituled " An Act to regulate the Affairs of certain Settlements established by the New Zealand Company in New Zealand," after reciting amongst other things that all the lands, tenements, and hereditaments of the said Company in the Colony of New Zealand had reverted to and become vested in Her Majesty as part of the demesne lands of the Crown in New Zealand, it was amongst other things enacted that thenceforth, in all cases falling within the provisions of the fifty-first section of the hereinbefore recited Act of ninth and tenth of Victoria, a grant or conveyance by Her Majesty, Her successors or assigns, should have the like force and effect in all respects as a conveyance by the New Zealand Company has or would have had by virtue of the said Act. in case tho Company had continued in full exercise of their functions: And whereas doubts have been entertained as to whether the equitable estates, charges, and liens in the said fifty-first section referred to have been, are, or will be affected by the provisions affecting or relating to equitable estates, charges, and liens contained in any law of the Colony which lias been or may hereafter be made; and it is expedient that such doubts should be removed : Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows : 1. Nothing in the said first-recited Act contained shall be deemed or taken to prevent any of the said equitable estates, charges, or liens therein referred to from being subject to and affected by any laws which have been since the passing of the said first-recited Act or which may hereafter be made by the Legislature of the Colony of New Zealand, affecting equitable estates, charges, and liens in and on lands, tenements, and hereditaments in the said Colony.

No. 5. Copy of a DESPATCH from His Grace the Duke of Buckingham to Governor Sir G. P. Bowen, G.C.M.G. (No. 104.) Downing Street, Bth September, 1868. SIR, — (Beceived at Wellington, 21st November, 1868.) I have to acknowledge the receipt of your Despatch No. 52, of Ist July, furnishing a narrative of the official visits which you paid to the principal Ports and Settlements of the Northern Island of New Zealand. I have read the report with much interest. I have, &c, BUCKINGHAM AND CHANDOS. Governor Sir G. P. Bowen, G.C.M.G.

No. 0. Copy of a DESPATCH from His Grace the Duke of Buckingham to Governor Sir G. P. Bowen, G.C.M.G. Downing Street, 9th September, 1868. (Circular.) (Beceived at Wellington, 21st November, 1868.) Sir, — (Answered, " Separate," 21st December, 1868.) I have the honor to transmit to you a copy of an Act passed in tbe last Session of Parliament, intituled "An Act to amend the Law relating to Medical " Practitioners in the Colonies." It is clearly desirable that those who require medical aid in any part of Her Majesty's Dominions should be enabled to distinguish qualified from unqualified practitioners, and with that view that Colonial Legislatures should have the power to make laws to enforce the registration of all those who desire to practise in the several Colonies. In more than one instance Colonial Legislatures have passed laws to that effect; but hitherto those laws, so far as they applied to persons who had registered themselves under the Medical Act 21 and 22 Vict., c. 90, were void, as being repugnant to the provisions of the 31st section of that Act, by which persons registered under the Act were entitled to practise and recover their fees in any part of Her Majesty's Dominions, without any condition being attached to such practice.

TO THE GOVERNOR OF NEW ZEALAND.

5

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The restriction thus imposed upon Colonial legislation has now been removed. It appeared to me, however, upon a careful consideration of the subject, that while, on the one hand, it is quite reasonable that a person who has registered under the Imperial Medical Act should be required to register in any Colony where he may desire to practise, and where registration is enforced by law; on the other hand, it is only just and equitable that he should be entitled to be so registered upon payment of fees, and proof of his registration under the Imperial Medical Act, without being compelled to undergo any fresh professional examination. This view is, as you will observe, embodied in the proviso at the end of section 3 of this Act. I have to desire that you will take such steps as may be necessary to procure the repeal of any law which has in terms enforced the registration in the Colony of persons registered under the Imperial Medical Act, and the passing of a fresh law in respect of such persons in accordance with the provisions of the recent Act. I have, &c, BUCKINGHAM AND CHANDOS. Governor Sir G. P. Bowen, G.C.M.G.

Enclosure in No. 6. Anno Teicesimo Primo Victoria Begins. Cap. XXIX. An Act to amend the Law relating to Medical Practitioners in the Colonies. [29th May, 1868.] Wheeeas by the thirty-first section of " The Medical Act," passed in the Session holden in the twenty-first and twenty-second years of Her Majesty, chapter ninety, it is enacted as follows: " Every person registered under this Act shall be entitled, according to his Qualification or Qualifica- " tions, to practise Medicine or Surgery, or Medicine and Surgery, as the case may be, in any part of " Her Majesty's Dominions, and to demand and recover in any Court of Law, with full costs of suit, " reasonable charges for professional aid, advice, and visits, and the cost of any medicines or other " medical or surgical appliances rendered or supplied by him to his patients ": And whereas it is expedient to amend the said enactment: Be it enacted by the Queen's most Excellent Majesty, by and with tho advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: 1. This Act may be cited as " The Medical Act Amendment Act, 1865." 2. The term " Colony " shall in this Act include all of Her Majesty's Possessions abroad in which there shall exist a Legislature as hereinafter defined, except the Channel Islands and the Isle of Man. The term " Colonial Legislature " shall signify the authority other than the Imperial Parliament or Her Majesty in Council competent to make laws for any Colony. 3. Every Colonial Legislature shall have full power from time to time to make laws for the purpose of enforcing the registration within its jurisdiction of persons who have been registered under " The Medical Act," anything in the said Act to the contrary notwithstanding : Provided, however, that any person who has been duly registered under " The Medical Act" shall be entitled to be registered in any Colony, upon payment of tho fees (if any) required for such registration, and upon proof, in such manner as the said Colonial Legislature shall direct, of his registration under the said Act.

No. 7. Copy of a DESPATCH from His Grace the Duke of Buckingham to Governor Sir G. P. Bowen, G.C.M.G. (No. 105.) Downing Street, 14th September, 1868. Sir, — (Beceived at Wellington, 21st November, 1868.) I have to acknowledge the receipt of your Despatch No. 58, of 7th July, forwarding a Memorandum signed by the Colonial Secretary of New Zealand, in which he states the views of the Ministers relative to the settlement of the accounts between the Imperial and Colonial Governments communicated to you in my Despatch of Ist April. Mr. Stafford had already, in his Despatch of Bth June, communicated by Mr. Pitzherbert on the 30th July, expressed the " satisfaction with which the Govern- " ment of New Zealand had learned the result of the negotiations with the Imperial " Government on the subject of the claims made by it against the Colony." All matters in difference between the two Governments having been thus disposed of, 2

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DESPATCHES FROM THE SECRETARY OF STATE

it appears to me entirely unnecessary to enter upon any debate whether in that settlement too large a concession has been made by one party or the other, whether certain items of the amounts should not after weeks spent in their examination have been subjected to a further scrutiny, or what different considerations may have influenced, or ought to have influenced, the final decision. The terms of adjustment were readily assented to by the representative of the Colonial Government here, Mr. Eitzherbert, and were believed by me to be fair and equitable, although I had reason to think that the concessions to be made by the Imperial Government were likely to be severely commented on by the House of Commons. In now closing the correspondence, therefore, respecting these much controverted and long outstanding claims, I have only to express the gratification with which I found myself able to effect an adjustment of matters which, as the Colonial Government themselves stated, "had extended over so long a period, " were so large in amount, and were a source of such constant disagreement between " the Imperial and Colonial Government as to render it most desirable that a final " settlement should be arrived at in respect of them without further delay." I feel bound also to express my sense of the fairness and ability with which the various questions that arose were treated by the representative of the New Zealand Government in the negotiation. I have, &c, BUCKINGHAM AND CHANDOS. Governor Sir G. F. Bowen, G.C.M.G.

No. 8. Copy of a DESPATCH from His Grace the Duke of Buckingham to Governor Sir G. P. Bowen, G.C.M.G. (No. 106.) Downing Street, 19th September, 1868. Sir, — (Beceived at Wellington, 21st November, 1868.) I have to acknowledge the receipt of your Despatch No. 49, of 30th June, furnishing full and valuable information respecting the present condition of the British settlements in the interior of the Northern Island, and the position and attitude of the Maori king and his adherents, accompanied by maps in illustration of your report. I have to express the interest with which I have read your Despatch, and the satisfaction with which I have observed the pains you have taken to collect and transmit this information. I regret that any grounds should exist for anticipating fresh disturbances on the part of the disaffected Natives. As regards the withdrawal of the regiment of Her Majesty's troops to which. you refer in the sixteenth paragraph of your Despatch, my Despatch of 30th May, No. 58, will have informed you that the 18th Regiment was required in the ordinary course of relief to proceed to Australia, and that no arrangements are at present contemplated for replacing it. I have, &c, BUCKINGHAM AND CHANDOS. Governor Sir G. P. Bowen, G.C.M.G.

No. 9. Copy of a DESPATCH from His Grace the Duke of Buckingham to Governor Sir G. P. Bowen, G.C.M.G. (No. 109.) Downing Street, Bth October, 1868. (Beceived at Wellington, 21st December, 1868.) SIR, — (Answered, " Separate," 21st December, 1868.) I have the honor to acknowledge the receipt of your Despatch No. 76, of the 3rd August, transmitting Addresses to the Queen, unanimously voted by both Houses of the New Zealand Parliament, to convey to Her Majesty the

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expression of their sorrow and indignation at the attempt made to assassinate His Royal Highness the Duke of Edinburgh, together with various Addresses from Public Bodies in the Colony with a similar object. I am commanded to instruct you to assure the Speaker of the Legislative Council and the Speaker of the House of Representatives, and also the subscribers of the other Addresses, that Her Majesty has derived much satisfaction from the spirit of loyalty and attachment to her person and family which they evince. I have, &c, BUCKINGHAM AND CHANDOS. Governor Sir G. P. Bowen, G.C.M.G.

No. 10. Copy of a DESPATCH from His Grace the Duke of Buckingham to Governor Sir G. P. Bowen, G.C.M.G. (No. 111.) Downing Street, 13th October, 1868. (Beceived at Wellington, 21st December, 1868.) SIR, — (Answered, " Separate," 21st December, 1868.) I have the honor to acknowledge the receipt of your Despatch No. 61, of the 17th July, transmitting copies of the Speech with which you opened on the 9th of that month the Session of the New Zealand Legislature, and of the Addresses in reply which were presented to you by both Houses of the Local Parliament. « I have, &c., BUCKINGHAM AND CHANDOS. Governor Sir G. P. Bowen, G.C.M.G.

No. 11. Copy of a DESPATCH from His Grace the Duke of Buckingham to Governor Sir G. F. Bowen, G.C.M.G. (No. 112.) Downing Street, 13th October, 1868. (Beceived at Wellington, 2lst December, 1868.) SIR, — (Answered, " Separate," 21st December, 1868.) I have the honor to acknowledge the receipt of your Despatches Nos. 78 and 79, of the Bth August, reporting the recent Native disturbances on the East and West Coasts of the North Island of New Zealand, and the escape of the Maori prisoners from the Chatham Islands. I deeply regret that renewed acts of violence should have occurred to disturb the peace of the Colony. I have, &c., BUCKINGHAM AND CHANDOS. Governor Sir G. F. Bowen, G.C.M.G.

No. 12. Copy of a DESPATCH from His Grace the Duke of Buckingham to Governor Sir G. P. Bowen, G.C.M.G. (No. 114.) Downing Street, 19th October, 1868. (Beceived at Wellington, 21st December, 1868.) SXR — (Answered, " Separate," 21st December, 1868.) I have the honor to acknowledge the receipt of your Despatch No. 80, of the Bth of August, enclosing a copy of a Resolution agreed to by the Legislative Council of New Zealand, recommending the postponement of the departure of the 18th Regiment from the Colony, pending a reference on the subject to the Imperial Government. Whilst deeply deploring the fresh disturbances which have given rise to this application on the part of your Council, Her Majesty's Government do not consider themselves at liberty to depart from the terms of the agreement under which the Colonists of New Zealand were to take charge of Native affairs, and to undertake

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the duty of defending the Colony against internal disturbance; and they are supported in this decision by observing that Mr. Stafford does not make any proposal whatever as to the terms on which this regiment is to remain in the Colony. I have therefore no alternative but to inform you that its departure must not be delayed. I have, &c, BUCKINGHAM AND CHANDOS. Governor Sir G. F. Bowen G.C.M.G.

No. 13. Copy of a DESPATCH from His Grace the Duke of Buckingham to Governor Sir G. P. Bowen, G.C.M.G. (No. 117.) Downing Street, 6th November, 1868. SIR, — (Beceived at Wellington, 23rd January, 1869.) I have the honor to acknowledge the receipt of your Despatch No. 87, of the 31st of August, with its enclosures, respecting the distribution of the 18th Regiment in New Zealand. You appear to me to have taken a correct view of the instructions under which the location of this regiment, so long as it shall remain in the Colony, has been determined, and I approve of the terms of the letters you addressed on this subject to Major-General Sir T. Chute. I have, &c, BUCKINGHAM AND CHANDOS. Governor Sir G. F. Bowen, G.C.M.G.

No. 14. Copy of a DESPATCH from His Grace the Duke of Buckingham to Governor Sir G. P. Bowen, G.C.M.G. (No. 119.) Downing Street, 7th November, 1868. (Beceived at Wellington, 27th January, 1869.) SIR, — (Answered, No. 21, 12th February, 1869.) I have the honor to acknowledge the receipt of your Despatch No. 67, of the 25th July, reporting the appointment of Major the Honorable John Larkins Cheese Richardson to be Speaker of the Legislative Council of NeAV Zealand, in the place of the Honorable T. H. Bartley, who has resigned. I have, &c, BUCKINGHAM AND CHANDOS. Governor Sir G. F. Bowen, G.C.M.G.

No. 15. Copy of a DESPATCH from His Grace the Duke of Buckingham to Governor Sir G. P. Bowen, G.C.M.G. (No. 120.) Downing Street, 16th November, 1868. (Beceived at Wellington, 27th January, 1869.) Sir, — (Answered, No. 13, 30th January, 1869.) I transmit to you a copy of a letter from the Foreign Office, with its enclosures, respecting the accusation of assisting the escape of convicts from Chatham Islands which is stated to have been brought against the captain of the French whaler " Winslow " by the Wellington Independent newspaper. I learn from a passage in your Despatch No. 79, of the Bth August, that it had been first alleged that the prisoners had landed at Whareongonga from a French or American whaler, although the report proved to be incorrect. As some publicity, however, appears to have been given to the charge brought against Captain La Baste, I request that, should his vessel be the one referred to in the New Zealand papers, you will take the necessary steps for contradicting the report. I have, &c, BUCKINGHAM AND CHANDOS. Governor Sir G. F. Bowen, G.C.M.G.

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Enclosure in No. 15. Mr. E. Hammond to the Under Seceetaet op State, Colonial Office. Sib — Foreign Office, 28th October, 1868. I am directed by the Secretary of State for Foreign Affairs to transmit to you, for the information of the Duke of Buckingham, the accompanying copy of a Despatch which has been received from the Acting British Consul at Havre, relative to an accusation brought against Captain La Baste, of the French barque "Winslow," by the Wellington Independent newspaper, of assisting tho evasion of convicts from New Zealand. I have, &c., The Under Secretary of State, Colonial Office. E. Hammond.

Sub-Enclosure to Enclosure in No. 15. Mr. Bowell to Lord Stanley. Mi Lord,— Havre, 22nd October, 1868. I have tho honor to enclose herewith a copy of a letter I have received from the owner of the Erench whaler "Winslow," Captain La Baste. In an article published by the Bombay Gazette, taken from the Wellington Independence, and likewise in other periodicals, it is asserted that on the sth July last the "Winslow" assisted in the evasion of 180 convicts from ono of the Government prisons in New Zealand, supplied them with arms, carried them to a place called Poverty Bay, and then stood out to sea during the night. The " Winslow " arrived here on the 14th of July last, and therefore could not, by any possibility, have been any way in the vicinity of New Zealand at the time above mentioned. At the request of the owner I thought it advisable to inform your Lordship of these facts, in case any remonstrance should be made, on the part of Her Majesty's Government, for this act of piracy imputed to the " Winslow." I have, &c, Lord Stanley, M.P. John Goulsey. Bowell,

Enclosure. Captain Danandabet to Mr. Bowell. Monsieur, — Havre, lo 19 Octobre, 1868. Dans le journal la Gazette de Bombay du 14 Septembre dernier que j'ai eu l'honneur de vous communiquer vous avez vu qu'il y est reproduit un article de Vlndependent de Wellington qui accuse le baieinicr Francais " Winslow," Capt. La Baste, d'avoir dans lajoiirnee du 5 Juillet dernier pris a son bord a l'ile Chatham 180 prisonniers revoltcs contre les gardes, de leur avoir fourni des armes et transporter en suite ii Pauvrete Bay ou il les aurait debarques le 9 suivant dans la soiree avec baggage et provisions et il serait reparti de ce point avant qu'il fut jour le 10. Le Capitaine La Baste n'est pas un ennemi du Gouvernement de la Nouvelle Zelande et il laisse a ceux qui out voulu le montrer comme lui etant hostile, la responsabilite de leur agissement. II est heureux qu'il soit evident que le rapport qui lui attribue cet acte soit de tout point une infame calomnie puisque le "Winslow" rentrait au Port du Havre le 14 Juillet, e'est a dire cinq jours apres la date do l'acte incrimine. Comment aurait on pu la repousser si ce navire etait reste plus longtemps dehors ? on fremit a cette pensee. Heureusement il n'en est point ainsi mais l'effet de cette mechante allegation subsiste et pour le repousser jo viens M. le Consul, protester contre cette imputation, et vous prier au nom de Capitaine La Baste et des proprietaires du dit navire de vouloir bien nous donner par une lettre une attestation de son arrivee dans le port le 14 et de plus en rendant publique la faussete de cette assertion nous aider a, effacer la facheuse impression qu'elle a laisse dans les esprits non seulement en Europe mais dans tous les pays ou il s'imprime des journaux, et surtout a la Nouvelle Zelande ou nous avons des interets majeurs a menager. Veuillez agreer, &c, T. Danandaret, M. le Consul Britannique au Havre. Ancien Cap. au L.C.

No. 16. Copy of a DESPATCH from His Grace the Duke of Buckingham to Governor Sir G. P. Bowen, G.C.M.G. (No. 124.) Downing Street, 18th November, 1868. (Beceived at Wellington, 27th January, 1869.) Sir 3 — (Answered, No. 21, 12th February, 1869.) I referred for the consideration of Secretary Sir John Pakington a copy of your Despatch No. 73, of the 31st July, with its enclosures, on the subject of a Resolution of the House of Representatives, to the effect that Her Majesty should be petitioned to make New Zealand the sanatorium of the invalided troops of the British army. I transmit to you, for your information, a copy of a letter from the War Office, conveying Sir John Pakington's reply. I have, &c, BUCKINGHAM AND CHANDOS. Governor Sir G. P. Bowen, G.C.M.G. 3

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Enclosure in No. 16. Sir E. Lugaed to Sir F. Bogees. Sie,— War Office, 10th November, 1868. I have received and laid before Secretary Sir John Pakington your letter of the 27th ultimo, enclosing copy of a Despatch from the Governor of New Zealand, with its accompanying documents, on tho subject of a Besolution of the House of Bepresentativcs to the effect that Her Majesty should be petitioned to make the Colony the sanatorium of the invalided troops of the British army. In reply, I am to request that you will move the Duke of Buckingham and Chandos to inform the Governor of New Zealand that the establishment of a military sanatorium in those seas is not contemplated by Her Majesty's Government. I have, &c, Sir Frederic Sogers, Bart. Edward Lugaed.

No. 17. Cofy of a DESPATCH from His Grace the Duke of Buckingham to Governor Sir G. F. Bowen, G.C.M.G. (No. 127.) Downing Street, Ist December, 1868. (Beceived at Wellington, 27th January, 1869.) g IR (Answered, No. 18, Bth February, 1869.) I have to acknowledge your Despatches, Nos. 99, of 7th October, and 100, of Bth October, the former forwarding Colonel McDonnell's report of the losses sustained by the Colonial forces under his command while endeavouring to reach a rebel pah, the latter enclosing Resolutions of the House of Representatives in which they urge the retention in New Zealand of the Imperial regiment still in the Colony. I have received with much regret the intelligence of the reverse which the local forces have met with. But, however lamentable this disaster may have been, it affords no reason for doubting that the European population of the Colony, now amounting probably to near 220,000 souls, aided by the loyal Natives, are fully able to defend themselves, if they make the proper arrangements, against a few thousand disaffected Maoris, of whom a few hundred only appear to be at present in arms. The abandonment by the Home Government of all control over Native policy, and their consequent non-interference with a line of policy, in respect of the confiscation and occupation of Native lands, which they considered highly dangerous to the future peace of the Colony, was conditional on being totally relieved from any responsibility in respect to the military defence of the settlers. Warnings to this effect have been more than once given ; and the reverse which has just occurred furnishes no sufficient reason for changing the settled policy both of the Home and Colonial Governments. In a Memorandum of Mr. Stafford, wliich accompanied Sir George Grey's Despatch No. 47, of 27th April, 1867, it is stated that " they (the Ministers) accept " the removal of the troops and the consequences ;" and again in his Memorandum to yourself, dated as lately as the Bth August last, Mr. Stafford observed with reference to certain resolutions passed by the Legislative Council, praying that the embarkation of the regiment might be delayed, " that since October, 1865, Mr. " Stafford has declined to advise that Imperial troops should be employed in the " field, or to accede, on behalf of the Colony, to any formal conditions on wliich " the single regiment now in New Zealand should be retained." " Mr. Stafford does not now propose to depart from the course which, as " indicated above, has been consistently pursued for the last three years." The Government and Legislature of New Zealand might have withdrawn from the position thus taken by Mr. Stafford, and have sought, if they considered the emergency so great, to retain the services of a portion of Her Majesty's troops, while organizing their own force, on the conditions on which those troops are retained in the neighbouring Australian Colonies. They however have not seen ground to take this course, but have merely requested that a British regiment may be allowed to remain in the Colony, without any condition whatever. I find therefore no reason to vary the instructions already given, that the troops are to leave at once on the arrival of the " Himalaya;" and having regard to the

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numerical disproportion of the two races, I find it difficult to imagine any such change in the state of affairs as can render it necessary for you to adopt the responsibility of detaining the troops after the receipt of these instructions. I have, &c, BUCKINGHAM AND CHANDOS. Governor Sir G. F. Bowen, G.C.M.G.

No. 18. Copy of a DESPATCH from the Right Hon. Earl Granville to Governor Sir G. F. Bowen, G.C.M.G. (No. 3.) Downing Street, 18th December, 1868. (Beceived at Wellington, 24th February, 1569.) g llt} (Answered, No. 33, 12th March, 1869.) With reference to the Duke of Buckingham's Despatch No. 127, of Ist December, I avail myself of the earliest opportunity after receiving the Seals of this Department, of expressing my entire concurrence in so much of my predecessor's instructions as required the immediate departure of the troops now remaining in New Zealand on the arrival of the " Himalaya." I have, &c, Governor Sir G. F. Bowen, G.C.M.G. GRANVILLE.

No. 19. Copy of a DESPATCH from the Right Hon. Earl Granville to Governor Sir G. F. Bowen, G.C.M.G. (No. 5.) Downing Street, 4th January, 1869. S IRj (Beceived at Wellington, 2nd April, 1869.) I have to acknowledge the receipt of your Despatch No. 108, of 26th October, respecting the visit of Bishop Selwyn to New Zealand. I am not surprised at the feelings evoked in the Colony by the departure of a Prelate so distinguished by his personal character and by his unwearied devotion to the highest interests of New Zealand. I have, &c, Governor Sir G. F. Bowen, G.C.M.G. GRANVILLE.

No. 20. Copy of a DESPATCH from the Right Hon. Earl Granville to Governor Sir G. F. Bowen, G.C.M.G. (No. 6.) Downing Street, 9th January, 1869. g IR (Beceived at Wellington, 2nd April, 1869.) I have to acknowledge the receipt of your Despatch No. 113, of 7th November, forwarding further reports on the subject of the Native disturbances. It is only necessary for me to express my approval of the course you took in sending a detachment of the 18th Regiment to Wanganui. I have, &c, Governor Sir G. F. Bowen, G.C.M.G. GRANVILLE.

No. 21. Copy of a DESPATCH from the Right Hon. Earl Granville to Governor Sir G. P. Bowen, G.C.M.G. (No. 7.) Downing Street, 11th January, 1869. SrR 5 — (Beceived at Wellington, 2nd April, 1869.) I have had before me your Despatch No. 74, of the Ist of August, in which you transmit copies of the Report of the Royal Commission on the Prisons of New Zealand.

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32nd Viet,

This Report is the most painstaking, searching, and elaborate that has been received from any Colony. The Government of New Zealand seems to have been fortunate in being able to confide this enquiry to gentlemen of so much ability and diligence. You will be good enough to convey to them the high sense I entertain of the excellence of their Report. I have, &c., Governor Sir G. F. Bowen, G.C.M.G. GRANVILLE.

No. 22. Copy of a DESPATCH from the Right Hon. Earl Granville to Governor Sir G. F. Bowen, G.C.M.G. (No. 8.) Downing Street, 12th January, 1869. S IR; (Beceived at Wellington, 2nd April, 1869.) I have to acknowledge the receipt of your Despatch No. 107, of 25th October, forwarding copies of your Speech on the occasion of the prorogation of the Session of Parliament, and a copy of the Address presented to you by the Speaker of the House of Representatives. With reference to the postscript of your Despatch, I have to inform you that the Ordinances of the Province of Otago for the years 1859,1860,1861, 1862, and 1863, are missing from the Records of this Department, and there is no trace of their having been received. They have been regularly sent home since that time, with the exception of those of the 20th Session, 1865. I have &c, Governor Sir G. F. Bowen, G.C.M.G. GRANVILLE.

No. 23. Copy of a DESPATCH from the Right Hon. Earl Granville to Governor Sir G. P. Bowen, G.C.M.G. (No. 9.) Downing Street, 18th January, 1869. Sir, — (Beceived at Wellington, 2nd April, 1569.) I have the honor to inform you that Her Majesty will not be advised to exercise her power of disallowance with respect to the following Acts of the Legislature of New Zealand, transcripts of which accompanied your Despatch No. 112, of the 6th of November last, viz. :—■ No. 1. —An Act to declare valid the Election of Mete Kingi Paetahi as Member of the House of Representatives. No. 2.—An Act to apply out of the Consolidated Fund the sum of £100,000 to the service of the Year ending the Thirtieth day of June, One thousand eight hundred and sixty-nine. No. 3. —An Act for removing Doubts respecting the application to New Zealand of the Laws and Statutes of England relating to Usury, and to limit and define the Rate of Interest which may be recovered in cases where it shall not have been previously agreed on between the parties. No. 4. —An Act to regulate the Trade or Business of Pawnbrokers. No. 5. —An Act for the better security of the Crown and Government, and for the better suppression and punishment of Seditious Practices and Attempts. No. 6. —An Act to provide for the Closing of Public Houses in Disturbed Districts. No. 7. —An Act to extend the operation of " The Bishop of New Zealand Trusts Act, 1858." No. 8. —An Act to prevent the Evasion of Payment of Tolls at Bridges and Ferries. No. 9. —An Act to provide for the Securityand Preservation of Trigonometrical Stations, Boundary and Survey Marks. No. 10.—An Act to amend " The Bills of Sale Act, 1867." No. 11. —An Act to amend the Law relating to Mortgages of Stock.

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No. 12.—An Act to amend "The Provincial Audit Act, 1866." No. 13. —An Act to amend "The Westland Representation Act, 1867." No. 14.—An Act to repeal "The Nelson, Cobden, and Westport Railway Land Act, 1866," and "The Nelson, Cobden, and Westport Railway Land Act Amendment Act, 1867," and to make other provisions in lieu thereof. No. 15. —An Act to apply out of the Consolidated Fund the sum of Thirty Thousand Pounds (£30,000) to the service of the Year ending the Thirtieth day of June, One thousand eight hundred and sixty-nine. No. 16. —An Act to consolidate and amend the Law relating to Lunatics. No. 17. —An Act for preventing the Printing and Publishing of Books and Papers by persons not known. No. 18. —An Act to amend an Act of the Second Session of the Fourth Parliament of New Zealand, intituled "An Act to provide for the Settlement of certain Land Claims in the Province of Otago." No. 19.—An Act to amend "The Petty Sessions Act, 1865." No. 20.—An Act to amend " The Offences against the Person Act, 1867." No. 21. —An Act to make provision for .the Management of certain Rivers in the Province of Canterbury. No. 22.—An Act to amend the Forty-second Section of " The Marriage Act, 1854." No. 23.—An Act to amend " The Registration of Electors Act, 1866." No. 24—An Act to declare the Law and Practice in cases of Escheat. No. 25. —An Act to amend the Law of Distress and Replevin. No. 26.—The Nelson Gold Fields Reserves Act, 1868. No. 28.—An Act to amend the Law regulating the mode of charging Fees in matters of Conveyancing Business. No. 29.—An Act to validate certain Ordinances of the Provincial Councils of Canterbury and Marlborough, and to validate and empower the Governor to assent to a certain Bill passed by the Provincial Council of Ilawke's Bay. No. 30.—An Act to consolidate and amend the Laws relating to Weights and Measures. No. 31.—An Act to repeal " The Provincial Lawsuits Act Amendment Act, 1867," and to make other provision in lieu thereof. No. 32. —An Act to remove Doubts as to the Sufficiency of a certain Order of Reference referring to the Native Lands Court a certain Agreement known as " The Ngaitahu Deed." No. 34. —An Act further to regulate the Collection and Management of the Revenue of Customs. No. 37. —An Act to provide for Drainage of Lands for purposes of Gold Mining. No. 38. —An Act to except certain Lands in the Province of Ilawke's Bay from the operation of " The Land Regulations Extension (Hawke's Bay) Act, 1866." No. 39. —An Act to authorize the issue of a Grant of Land to William Russell Russell, late a Captain in Her Majesty's Fourteenth Regiment of Foot. No. 40. —An Act to make provision for the Management of Rivers in the Provinces of Hawke's Bay and Marlborough. No. 41.- —An Act to defer the execution of a Lease of the Awatere Shearing Reserve, in the Province of Marlborough. No. 43.—An Act to release certain Lands in the Province of Otago heretofore reserved from Sale and set aside for and appropriated to Educational Purposes from the Reserves affecting the same. No. 44. —An Act to make provision for the Endowment of Road Districts constituted or hereafter to be constituted in Otago. No. 45. —An Act to grant Compensation to one Francis Williamson for Losses sustained by him by reason of the exercise of certain rights reserved in favour of Natives of fishing in a stream intersecting Land purchased by the said Francis Williamson from the New Zealand Company. No. 46. —An Act to amend "The Resident Magistrates Act, 1867." No. 47.—An Act to amend "The Bankruptcy Act, 1867." 4

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No. 48.—An Act to amend the Law relating to the Practice and Procedure of the Supreme Court. No. 49. —An Act to consolidate and amend the Law relating to Juries in New Zealand. No. 50. —An Act to remove some Defects in the Administration of the Law. No. 51.—An Act to consolidate and amend the Laws relating to the Registration of Deeds affecting Real Property. No. 52. —An Act to amend " The Municipal Corporations Act, 1807." No. 53. —An Act to regulate Mining for Gold on Native Land, and for that purpose to extend and apply certain provisions of the Gold Fields Acts to Mining on such Lands, and for other purposes. No. 54.—An Act to enable the Governor to delegate Powers vested in him by an Ordinance intituled "An Ordinance to provide for the Establishment and Maintenance of a Constabulary Force." No. 55. —An Act to amend " The Native Lands Act, 1867." No. 57. —An Act to continue "The Provincial Acts Validation Act, 1867." No. 58. —An Act to apportion the Public Debts of the former Province of Wellington between the Provinces of Wellington and Hawke's Bay. No. 59. —An Act to apportion the Public Debts of the former Province of Canterbury between the Province of Canterbury and the County of Westland. No. 60. —An Act to make further provision for the Government of the County of Westland. No. 61. —-An Act to amend an Ordinance of the Superintendent and Provincial Council of the Province of Canterbury intituled " The Westland Public House Ordinance, 1867." No. 62. —An Act to provide for the re-hearing of a certain Claim by the Commissioner under " The Land Claims Settlement Act, 1856," and for other purposes. No. 63. —An Act to validate an Ordinance of the Superintendent and Provincial Council of the Province of Otago intituled "An Ordinance to constitute or reserve a Right of Road through Waste Lands of the Crown sold or to be sold, and to regulate the Compensation for the same." No. 64. —An Act to authorize the release of certain Lands reserved for the purposes of the Electric Telegraph, and the application of such Lands to other purposes. No. 65.—An Act to provide for the Endowment of a Colonial University. No. 66. —An Act to authorize the Sale of the Lowry Bay Estate, and the acquisition of a site for and the erection of a Residence for the use of the Governor of New Zealand. No. 67. —An Act to extend the operation of " The Public Domains Act, 1860," as amended by " The Public Domains Act Amendment Act, 1865." No. 68.—An Act to provide for the rectification of certain errors in the Records kept in the Waste Lands Office and Chief Surveyor's Office of Otago of the official surveys of certain Grants of Land in the said Province. No. 69. —An Act to amend " The Protection of Animals Act, 1867." No. 70. —An Act to amend " The Miners Representation Act, 1862." No. 71. —An Act for indemnifying Persons acting in the Suppression of the Native Insurrection. No. 72. —An Act to regulate the Distillation, Rectifying, and Compounding of Spirits and the Brewing of Beer, and the Sale of Fermented and Spirituous Liquors in certain cases, and to provide for the granting a Duty upon Spirits distilled in New Zealand. No. 73.—An Act to amend " The Public Revenues Act, 1867." No. 77. —An Act to provide for the Management and Custody of Moneys in charge of Officers of the Supreme Court and other Courts of Law within the Colony of New Zealand. No. 80. —An Act to apply a sum of Money out of the Consolidated Fund and other Moneys to the Service of the year ending the Thirtieth day of June, One thousand eight hundred and sixty-nine, and to appropriate the Supplies granted in this Session of Parliament.

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No. 81. —An Act for the Interpretation of Acts of the General Assembly of New Zealand, and of Ordinances of the Legislative Council of New Zealand. With reference to the Act No. 24, to declare the law and practice in cases of Escheat, I think it desirable that you should know that in the cases of the West India and of other Colonies, the details of this question were carefully considered, and it was thought that, with the view of fairly protecting claimants who might be at a distance from the Colony, the period, which in the present Act is referred to in the fourth section, and fixed at seven days, should be two or three calendar months, and that the period which by the present Act is fixed, by section eight, at six calendar months, should be twelve calendar months. I am disposed to concur in this view, and should be glad that these points should be brought under the consideration of your Responsible Advisers. I also think it necessary to call your attention to a provision contained in " The Supreme Court Practice and Procedure Amendment Act, 1868." The second section of this Act is in terms ultra vires, in so far as it " requires" the person authorized to take the evidence of witnesses in places out of New Zealand to take such evidence; in other words it affects to confer authority to be exercised out of the Colony. The correct mode of legislating would be to enable the Court to authorize the issuing in New Zealand of a Commission (without, however, authorizing or requiring any person to hold it out of the Colony), and to provide that the depositions taken upon oath under such Commission, and with such other formalities, if any, as it might be proper to specify, should be admissible in evidence, as if such depositions had been taken upon oath within the Colony. I should wish this point to be brought under the consideration of your Responsible Advisers, in order that this defect may be removed in any future amendment of the Act. I have, &c, Governor Sir G. F. Bowen, G.C.M.G. GRANVILLE.

No. 24. Copy of a DESPATCH from' the Right Hon. Earl Granville to Governor Sir G. P. Bowen, G.C.M.G. (Circular.) Downing Street, 26th January, 1869. Sir, — (Beceived at Wellington, 2nd April, 1869.) I transmit to you, for your information, the copy of a correspondence with Mr. Fitzherbert, the Colonial Treasurer of New Zealand, upon the subject of a suggestion made by him respecting the naval defence of the Australasian Colonies. I have, &c, Governor Sir G. F. Bowen, G.C.M.G. GRANVILLE. Enclosure 1 in No. 24. Mr. Fitzheebert to the Duke of Buckingham. My Loed Duke, 21 Cockspur Street, S.W., 27th November, 1868. I have transmitted certain Memoranda for the consideration of your Grace, relating to subjects which I was instructed to bring under the notice of the Home Government, and which have formed more or less the subject of conversation at the interviews with which I have been favoured. As my stay in this country is drawing to a close, I venture to press for a decision on tho points thus submitted to your attention. I . .^ Outside, however, tho limited request of the Colony of New Zealand for assistance towards the protection of its harbours, as preferred in the Memorandum on defence, there is a much larger view of the subject of external defence ; and as it is one of great importance, no less to the Mother Country than the Australian Colonies, I should, as I conceive, but inadequately discharge my duty if I failed to bring it under your consideration. I refer to the naval defence of the Australasian Colonies. It is probable that in the case of war with any maritime Power, one of the first points of attack would be the gold traffic between England and her gold-producing Colonies. That would in fact offer the greatest war-prizes. It is, I believe, known as a fact that a few years ago the Bussian fleet at Petropolowski was prepared to make a descent upon the Australian Colonies. I need not dwell upon the consequences to English commerce' of the sudden stoppage of the great trade now carried on between the two countries, and of that regular influx of gold which sustains in no insignificant degree

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the buoyancy of the English money market; nor need I dwell upon the vast injury to British shipping which must result from the breaking up of the Australasian trade. I will not attempt to measure the amount of such a disaster to the Colonies. The Mother Country is, I venture to assume, deeply interested herself in averting such a calamity. The question is, what steps would ordinary prudence suggest ? Feeble isolated efforts made by individual Colonies to protect their own harbours and coasts are obviously inadequate to meet the requirements of tho case. Without presuming to question the wisdom of the proposal of Victoria, to maintain a ship of war for the defence of Port Philip, it still does appear to me to be, I will not say a profitless, but at all events an insufficient measure, unless designed to form a part of some comprehensive system of naval defence. Every seaport must of course be defended in the best way which the special circumstances and formation of the harbour indicate. But the naval defence of the Australasian Colonies, each and all, can only be secured upon the open sea by a fleet under Imperial command, capable of guarding not merely the safety of the Colonial Coast, but the free passage round Cape Horn. What is wanted is a special naval station in the South Pacific, under an Imperial officer with an independent command. The attention of former Governments of New Zealand has been turned to the subject, and approximate estimates of cost have been made. A naval officer of high rank roughly estimated the cost of maintaining an efficient squadron in those seas at £500,000 a year. It was suggested that such an amount of outlay would be prudently incurred in the nature of an insurance on the capital protected ; and that the cost might be equitably borne in equal proportions between the Mother Country and tho Australasian Colonies under a federal arrangement, —the Mother Country providing ships and munitions of war. The following figures will show the large dimensions which the interests sought to be protected have now attained. The value of the total Australasian trade may be stated at about sixty millions a year ; one half of which is with Great Britain direct, and employs about 300,000 tons of British shipping. But even these figures will not be a fair measure of the value of the commerce, unless it be borne in mind that the trade is a rapidly increasing one. The working out of such a measure would involve details into which it would be premature to enter; all that I can at present venture to do is very earnestly to draw the attention of the Home Government to the question, as one of unusual interest and importance. I have, &c., His Grace the Duke of Buckingham and Chandos. William Fitziieebeet.

Enclosure 2 in No. 24. Sir F. Bogers to Mr. Fitziieebeet. Sie, — Downing Street, 16th January, 1869. Earl Granville has had under his consideration your letter of the 27th November, addressed to his predecessor, suggesting that the naval defence of the Australasian Colonics should bo undertaken by a fleet under Imperial command, tho cost to be borne in equal proportions between the Mother Country and the Colonies under a federal arrangement. His Lordship considers that the suggestion is one which it would be unavailing to discuss, unless there were sufficient reason to suppose that it would bo practically taken up in the Colonies concerned. It is very desirable that the Colonies should bear a part of the cost of their naval defence. With this view the Act 28 Victoria, cap. 14, was passed, and the Colony of Victoria is likely to avail itself of the powers conferred by that Act on Colonial Governments and the Admiralty. But inasmuch as it appears that the present squadron on the Australian Station is maintained at a cost of £70,000 a year only, Lord Granville does not think it probable that the very great increase to the naval force contemplated by you would be sanctioned by Parliament in time of peace, even if a contribution of £250,000 a year were made by the Colonies. His Lordship, however, will send copies of this correspondence to the Governors of tho Australian Colonies and New Zealand for their information. I have, &e, William Fitzherbert, Esq. F. Eogees.

No. 25. Copy of a DESPATCH from the Right Hon. Earl Granville to Governor Sir G. F. Bowen, G.C.M.G. (No. 12.) Downing Street, 29th January, 1869. SIR, — (Beceived at Wellington, 2nd April, 1869.) I have received with the deepest concern the intelligence which has reached this country from New Zealand during the last few weeks. I learnt through unofficial channels that while a Colonial force had failed in an enterprise directed against a Native pa on the West Coast of the Northern Island, some hundreds of rebel Maoris had attacked some outlying homesteads in the neighbourhood of Poverty Bay, and had cruelly destroyed a number of their own countrymen and upwards of fifty Europeans —men, women, and children. The details of this afflicting intelligence, with your own observations on them, are furnished in several Despatches which I have just received, but to which it is

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impossible for me to give any adequate consideration before the departure of the mail. I infer from your telegram of the 18th December —eleven days later than the date of your latest Despatch—that the authors of the atrocities which you describe have been severely punished; and I perceive that the Colonial authorities are exerting themselves in earnest for the protection of those who depend on them. I hope that before this Despatch reaches you the efforts of the Government and the prudence and public spirit of the settlers will have placed the European population of the threatened districts in a position of comparative safety. I do not very clearly collect from your Despatches the precise limits within which the apprehension of Native disturbances is considered to exist, or the number of persons now in arms. It appears to me, at this distance, that the terrible nature of the catastrophe which has occurred leads you to overrate the magnitude of the danger to the Colony, more especially as your Ministry do not forward any request to retain Imperial troops at the expense of the Colonial Treasury, but have preferred, as I learn from Sir 11. Manners-Sutton, and, I think, very properly preferred, to send to Victoria and the other Australian Colonies for recruits. I have, &c, Governor Sir G. F. Bowen, G.C.M.G. GRANVILLE.

No. 26. Copy of a DESPATCH from the Right Hon. Earl Granville, K.G., to Governor Sir G. P. Bowen, G.C.M.G. (No. 14.) Downing Street, 29th January, 1869. Sm (Beceived at Wellington, 2nd April, 1869.) I have the honor to transmit to you the enclosed copy of a letter from Mr. Henry Selfe Selfe, protesting against the Act recently passed by the Legislature of New Zealand, "To provide for the Custody, Maintenance, and " Control of the Sinking Funds created as Security for the due Payment of the " Principal of Loans raised by the Government of the Colony and Provinces " respectively, and to enable a Part of such Sinking Funds, proportionate to the " Amount of the Loans converted under ' The Consolidated Loan Act, 1867,' to " be released." I have to request that you will bring Mr. Selfe's statement under the notice of your Responsible Advisers, for their consideration and report. In the meantime I shall refrain from tendering any advice to Her Majesty upon the Act in question. I have, &c, Governor Sir G. Bowen. GRANVILLE.

Enclosure in No. 26. • Mr. Selfe to Lord GbajtviMjE. Canterbury (N.Z.) Emigration Office, Mv Lobd— 16 Charing Cross, S.W., 12th January, 1869. I have the honor to submit the following statement, which I am prepared to substantiate, as embodying some of the grounds upon which I respectfully pray that Her Majesty may be advised to disallow an Act of the Colonial Legislature of New Zealand, called " The Public Debts Sinking Fund Act, 1868," passed on the 20th October last, being Act No. 74, 32 Victoria. By " The Canterbury Loan Ordinance, 1856," Session 7, No. 3, the Superintendent of Canterbury was authorized to raise a loan of £30,000 for immigration purposes. The £30,000 was raised accordingly in England, and debentures for securing the amount were issued to the persons in England who advanced the money. By section (i of the same Ordinance the Superintendent of Canterbury was bound to provide a sinking fund, first of 2 and afterwards of 4 per cent, per annum, out of the revenues of the Province, for the liquidation of the principal. By" The Lyttelton and Christchurch Bailway Loan Ordinance, 1560," Session 13, No. 1, the Superintendent of Canterbury was in like manner authorized to raise a loan of £300,000 for the construction of the railway; and there was (section 7) a similar provision for a sinking fund of 2 per cent, on the principal from time to time borrowed. £250,000 was, under this Ordinance, raised in England on debentures, the remaining £50,000 having been provided out of the current Provincial revenue, and debentures to that amount (£50,000) cancelled. By " The Canterbury Loan Ordinance, 1562," Session 19, No. 20, the Superintendent was in like 5

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manner authorized to raise the sum of £500,000 for public works in the Province, with tho like provision (section 7) of a 1 per cent, per annum sinking fund. Upwards of £300,000 was raised on debentures under this Ordinance. These three Provincial Ordinances have never been repealed. They are at this moment binding on the Provincial Government of Canterbury, and upon everyone else interested in their provisions. The Provincial Government have always faithfully fulfilled the obligations thereby imposed upon them, i.e., they have regularly paid, up to this date, all interest due upon their debentures, out of the revenues of the Province ; and from the same source they have provided the various sinking funds they were bound to set apart) I was appointed (honorary) English Agent for Canterbury in 1556 by Ordinance, Session 6, No. 1, and confirmed in that office in 1861 by the third English Agent's Ordinance, Session 17, No. 1. I was appointed by the Superintendent one of the persons to whom the sinking funds respectively should be paid by the Province. They have been so paid to me accordingly from time to time, and I have now the custody and, with those who are associated with me, the control of the securities in which the amount —say £41,000 —is now invested. We regard ourselves as trustees, first, for the debenture-holders for whose benefit the money was paid to us, and, second, subject to those rights of the debenture-holders, for the Provincial Government who provided the money. I apprehend there could and can be no doubt that this was and still is an accurate description of our position, unless and until it shall have been varied by competent legislative or judicial authority. In order to make clear the objections to " The Public Debts Sinking Funds Act, 1865," it will next be necessary that I should call your Lordship's attention to various Acts of the New Zealand Legislature in 1867, chapters 84, 89, and 90, which must be read together. First, " The Public Bevenues Act, 1867," c. 84, s. 44, provides in substance that, after deducting inter alia all sums chargeable on account of so much of the interest and sinking fund of loans raised upon tho security of the general revenue of the Colony as shall have been made a charge against the revenues of any Province, the Colonial Treasurer shall forthwith pay over monthly out of the consolidated fund to the Provincial account of such Province the monthly balance appearing on such account to be due. No other deductions besides those specified are to be made. The relevancy of this remark I hope to show presently. 2. By " The Public Debts Act, 1867," c. 89, s. 2, it is provided that " The principal, interest, and " sinking fund payable upon all Provincial debentures already issued, or which may hereafter be issued, " in accordance with the provisions of this Act, under the authority of any of the Acts or Ordinances " of the Superintendent: and Provincial Council of any Province of the Colony specified in the Schedule " A. to this Act shall from and after the passing of this Act be charged upon and paid out of the " consolidated revenue of the Colony of New Zealand," &c. How have the engagements thereby entered into been hitherto fulfilled ? The Act passed 10th October, 1867. The statutory obligation on the General Government of New Zealand to pay sinking fund and interest on the Provincial loans commenced from that date. Not one shilling of interest or sinking fund on the outstanding debentures of Canterbury has ever been paid by the General Government out of the consolidated revenue of New Zealand. In June last I asked Mr. Fitzherbert, the author of the Act and the special agent in England for giving effect to its provisions, whether he would pay the sinking fund and interest on the Provincial loans of Canterbury, then about to become due. His reply was that he had no instructions on the subject, and that he was not aware that the Governor of New Zealand had by proclamation (see the latter clause of the same section 2) fixed the time and place for such payment. If that clause be directory only and not obligatory, the liability of the Government of New Zealand to make the payments in question may be indefinitely postponed. I admit that the 3rd section of this same Public Debts Act contains a perfectly equitable provision—that all sums of money thereafter paid by the Colonial Treasurer for interest and sinking fund on Provincial loans shall be charged against the Province in respect of which such payment shall have been made. It can make no difference whether the payment bo made by the Colony and subsequently charged by the Colony against the Province, or made by the Province direct in tho first instance. It is fair to add that the General Government professes its intention to pay the interest and sinking fund due on Provincial loans for the six months ending 30th June, 1869. But, as a matter of fact, which I trust your Lordship will see immediately is important, the Province has paid to me as trustee of these sinking funds, since October, 1867, no less than £15,890 10s.—portion of the £41,000 before mentioned —besides interest upwards of £19,000. 3. " The Consolidated Loan Act, 1567," c. 90, section 3, empowers an agent or agents appointed by the Governor to borrow the sum of £7,000,000, and section 7 enacts that " all moneys borrowed " under the authority of this Act shall be applied towards the conversion, redemption, and payment " of the loans of the Government of New Zealand issued under Acts of the General Assembly, and " of the several loans of the Provincial Governments of the several Provinces of New Zealand specified " in ' The Public Debts Act, 1867,' and to no other purposes." Now your Lordship will find that in no one of these three Acts of 1867 is there any reference whatever to accrued sinking funds. The Colony obtained the sanction of the Crown to a loan of £7,000,000 sterling on the representation embodied in these Acts, that £2,359,000 of it, at least, was required and should be applied to the redemption and payment of the full amount of Provincial loans specified in " The Public Debts Act, 1867," without any deduction whatever in respect of accrued sinking funds or otherwise. I do not impute to those who framed the Acts of 1867 that, at the time those Acts were passed, they intended afterwards to lay claim to the accrued sinking funds of the Provincial loans ; but whether intentional or accidental, the omission of any reference whatever to these funds, and the further omission to mention that £50,000 of the Christchurch Eailway Loan had been cancelled, had the practical result of giving the Government of New Zealand power to raise a larger sum than was required for the purposes to which the moneys borrowed were to be exclusively applied. Mr. Fitzherbert, the Colonial Treasurer, came to England directly after these Acts of 1867 were

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TO THE GOVERNOR OF NEW ZEALAND.

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passed, and, in exercise of the powers intrusted to him under the Consolidated Loan Act, has raised a very large sum of money. Of course I assume that all money so raised has been or will be applied as directed by the Act, section 7, and to no other purposes. Mr. Fitzherbert can, if he pleases, raise the whole seven millions authorized, and so extinguish all Provincial loans. The Crown Agents for the Colonies have also, under Mr. Fitzherbert's instructions, from time to time issued advertisements notifying the terms on which the holders of Provincial debentures might exchange those debentures for the new consolidated debentures, see sec. 8. The terms offered apj)ear to be on the whole fair, and lam glad to find that they have been largely accepted. I have accepted them myself, and have advised others to do the same. If all the Provincial debenture-holders had accepted or should hereafter accept the offered conversion, the Colonial Government would be bound to pay the interest and sinking fund on the bonds issued in exchange ; but they would not lose a shilling by the transaction, for, as already observed, they will recoup themselves for the money so expended by debiting the Province with the amount. It seems obvious that in that case the Provincial sinking funds already accumulated could by no possibility belong to the General Government. They must be returned to the Provincial Government who provided them; otherwise the Province would be made to pay the sinking fund twice over, first as sinking fund on Provincial debentures, and again as sinking fund on the debentures for which these Provincial debentures had been exchanged. But a certain number of the Provincial debenture-holders have hitherto declined to accept the terms of commutation and exchange offered to them. It was perfectly optional whether they would accept them or not. They may be thankful that the General Government has thought it expedient to enhance the value of their debentures by professing to make them a charge upon the consolidated revenues of the Colony, but they cannot honestly or legally be compelled, against their will, to part with the security they already possess. Tet this is precisely what they are called on to do by " The Public Debts Sinking Funds Act, 1868," against the allowance of which I am now respectfully protesting. The amount of outstanding debentures of the Province of Canterbury, held by those who have not yet assented to the offered exchange, is £121,700, as I learn from a statement made a few days since by the Crown Agents for the Colonies. Up to the Ist of September last I believe not a word was heard of any intention on the part of the Government of New Zealand to attempt to lay hands on the accumulated Provincial sinking funds. But, unfortunately, the Government of New Zealand was in want of money, and on that day the acting Colonial Treasurer, tho Honorable John Hall, made his Financial Statement to the House of Bepresentatives at Wellington, and, taking it for granted that " it " was an evident omission in the Acts of last Session that when tho liability for the repayment of " Provincial loans was undertaken by the Colony, the control of the sinking funds by which that " repayment was to be provided for was not vested in the Colonial Government," proceeded to say, "the " first question to be settled is to whom shall the Provincial sinking funds, as they become freed, be " paid over, and it is, of course, a question for the Legislature to determine. The Government is of " opinion that if the Colony absolutely undertakes the payment of the Provincial debts, it is but " fair and reasonable that the Colony should have use of whatever provision has already been made " towards such payment." This proposition may at first sight appear plausible, but a little examination will demonstrate its fallacy, and inapplicability to facts; and it is literally the only reason I have ever heard or read of for seizing on money in the possession of other people. Mr. Hall avowed that the Government had no intention whatever of appropriating these accrued sinking funds to their original purpose, viz., to the repayment of the debts for which they were provided as security, nor in diminution of the £7,000,000 consolidated debt. One of the resolutions moved at the close of that financial statement was that " £90,000 out of " the proceeds of the accrued sinking funds ' (including that of Canterbury) ' shall be paid to the " Province of Nelson, and £15,000 to that of Wellington." Mr. Hall's general financial proposals were opposed, defeated, and withdrawn ; but in the last nights of a protracted and exhausting session, when half of the members for Canterbury had left Wellington, or were disabled by sickness from attending to their duties, the Public Debts Sinking Funds Bill was introduced into the House of Bepresentatives, and was rushed rapidly through all its stages, sub ailentio, without debate, or reason given for it. I believe that the Boyal Instructions to the Governor of New Zealand require him to transmit to the Colonial Minister at home a statement of the reasons and of the occasions for proposing all laws assented to by the Governor in the name of Her Majesty. I have not, of course, the advantage of knowing, as your Lordship knows, what the statement so transmitted by Governor Sir George Bowen may contain ; I can only deal with the preamble and the clauses, especially clauses 9, 10, 11, 12, 16, and 18 of the Act itself The preamble recites, inter alia, that " whereas it is expedient . . . that the money invested " on account of the respective sinking funds for the security or provision for the due payment of " (Provincial) loans should be proportionately released (!) and placed at the, disposal of the General " Assembly," and the clauses I have mentioned seek to carry into effect this proposal. I wish to use language no stronger than the occasion justifies, but I respectfully submit to your Lordship that this intended legislation is unjust, arbitrary, and unconstitutional. The word expedient may mean anything. As I read it in this connection, and by the light of recent events, it means only that it is desirable the Government of New Zealand should obtain from every possible source as much money as they can get, to be expended as portion of current revenue, and as the Government for the time being may direct, partly in conciliating Provinces dissatisfied with the legislation of 1867, or worse, in inefficient attempts to suppress disastrous outbreaks, brought on by wholesale confiscation of Maori territory, and by land purchases the validity of which is disputed by those who claim to be the Native owners. 1. I submit that the proposition is unjust to the dissentient English debenture-holders. Several of them purchased these debentures in ISSB, on my recommendation. They object to be deprived, without their consent, of the security they already possess in this country, and are not content to receive in lieu

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thereof the promise of a distant Government to pay in future. Possibly they do not estimate that promise at its real value ; but in such a matter they surely have a right to form their own judgment. The euphemistic phrase " proportionately released" assumes that individual debenture-holders have only a right to that portion of the sinking fund which it is suggested has been paid in respect of the particular debentures they hold. I submit that this is an erroneous construction and restriction of their right, and that the whole of the present sinking fund of each loan belongs to the whole of the outstanding debenture-holders of that loan, at least until the accumulation equals the whole of their united claim. If lam wrong in this construction, 1 shall be glad to bo set right by any competent legal or financial authority to whom the question may be referred. 2. I submit that the provisions of the Public Debts Sinking Fund Act are unjust to those of us who are trustees or holders of the funds in question (section 10). We did not seek the office : it is a somewhat onerous and responsible one, and we shall be glad to be relieved of it; but we certainly do not intend to abandon our trust, and our duty to those who imposed it on us, at the dictation of a Body to whom we owe no allegiance, whose legislation as regards trustees in England (section 9) we believe to be utterly nugatory and ultra vires, and who, as we believe, have no equitable title to the funds we hold for others. It is true, as suggested in section 10, that we are beyond the jurisdiction of the Supreme Court of New Zealand, as we are beyond the legislation of the General Assembly; but we are within the jurisdiction of the Court of Chancery here. Either the Government of New Zealand has an equitable title to the funds we hold or it has not. If it has, it can enforce that right by application to the Court here. To the decision of that Court we should of course readily and cheerfully submit. Will the agents of the New Zealand Government do the same ? If they shrink from this test, I submit that they will therebv furnish proof that they know they have no such right as an English Court of Equity would enforce. And if this be so, will Her Majesty's Government allow them to enforce an illegal and inequitable claim by penalties upon those who are within their jurisdiction? For this is the effect of sect inn 10, and therefore— 3. Most of all is this an unjust attempt at confiscation as against the Provincial Government of Canterbury. The case shortly and nakedly stated is this : — A. (the province) owes B. (the debenture-holder), a debt : A. hands funds of his own to C, to be held by C. for the payment of the debt when due ; D. (the Colony) offers to undertake the payment of A.'s debt to B. on certain terms. A. agrees, B. and C. do not dissent —they could not do so. Tho terms are embodied in a Statute, which receives the sanction of the Crown in 1867. A. fulfils his part of the agreement entirely, D. only partially, hitherto. Twelve months afterwards, D. thinks he might have made a better bargain, discovers that there was an " evident omission " in the agreement, and insists, as a further condition for his fulfilling it, that C. shall hand over to him the money in his hands belonging to A. and B. A., B, and C. all refuse to consent to this ; whereupon D. threatens to deduct the amount from other moneys which D. owes to A., and wliich he is bound by Statute to pay to A. I believe this to be a simple and accurate statement of the effect of "The Public Debts Sinking Funds Act, 1868," section 10, aud to this monstrous injustice the sanction of Her Majesty is asked. I confidently trust thai sanction will be refused, and I hope I am not asking too much when I request, that when the Act is disallowed, the Governor of New Zealand may be instructed not to sanction any similar legislation in future, without reserving it for the signification of Her Majesty's pleasure. I ask this on behalf of British subjects in this country, who have no other mode of protection against such an arbitrary infringement of their vested interests; I ask it on behalf of the Province, with whose well-being I have from its creation been closely identified, though I resigned my (honorarv) office as English Agent two or three years ago ; and I ask it on behalf of the Colony itself, whose financial reputation will, as 1 believe, be seriously injured, if the proposed legislation be suffered to take effect. It is to be noted, section 20, that the Act carefully avoids dealing with the sinking fund of the loan guaranteed by tho Imperial Government. Why ? Because the Imperial Government represents, in that matter, the whole of the British public, whose rights the Crown would not suffer to be infringed. Will it allow the rights of individual members of the public to suffer? lam fully aware that, as a general rule, your Lordship would be unwilling to interfere with the action of Colonial Legislatures as affecting individuals, except in extraordinary cases ; but I respectfully submit that the facts I have stated show that this is an extraordinary case, in which an attempt has been made to violate the principles of British justice. I am aware that no remonstrance can have arrived as yet from the Provincial authorities, nor have lat present any specific official authority to write this on their behalf, for this sufficient reason; that no copy of the Act in question had reached Canterbury when the last mail left, so rapidlv had it been driven through the Legislature at Wellington, from which place I received direct my copy of the Act; but 1 know the feeling of deep indignation with which the proposal of the Government to rescind so summarily the agreement of 1867 was received at Christchurch, and I know that I am expressing the feeling of all those interested in the subject. It may be, no official remonstrance may arrive by the next mail ; but if not, the reason I know will be solely because there are so many ways in which a high-handed Government can punish its opponents, that the latter may literally be afraid to raise the voice of complaint to the higher authorities. This may not be very chivalrous. 1 need not say that it is human nature. My letter is too long already ; and I can only suggest to your Lordship the further consideration whether some of the provisions of the Act, section 7, for instance, are not in contravention of the unalterable section No. 54 of the New Zealand Constitution Act. The General Assembly cannot authorize, as is purported to be done, the Colonial Treasurer to pay money out of the consolidated fund. And again, if I am right in my contention that these sinking funds are Provincial revenue (they certainly were exclusively provided out of it), is not the assumption of the General Assembly

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TO THE GOVERNOR OF NEW ZEALAND.

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that they can deal with them, in contravention of section 25 of the Constitution Act ? (also unalterable). If any further explanations are desired, I shall gladly furnish them ; and if any of the Provincial Ordinances I have mentioned are not easily accessible at the Colonial Office, I shall readily supply them. I have, Sec., The Eight Honorable Earl Granville, Iv.G, Hen'ey Selfe Selfe. Secretary of State for the Colonies.

No. 27. Copy of a DESPATCH from the Right Hon. Earl Granville, K.G., to Governor Sir G. F. Bowen, G.C.M.G. (No. IG.) Downing Street, 4th February, 1869. S IRj (Beceived at Christchurch, 24th April, 1869.) I have the honor to transmit to you, for your information, a copy of a correspondence between this office and the Admiralty, relating to the survey of the Coast of New Zealand. You will observe that while prepared to assist by advice and by the services of experienced Naval Surveying Officers, the proposed survey or re-survey of the Coast of the Colony, their Lordships are of opinion, for the reasons stated, that the whole cost of the undertaking should be borne by the Colonial Government. I have, &c, Governor Sir G. F. Bowen, G.C.M.G. GRANVILLE.

Enclosure 1 in No. 27. Sir F. Bogees to the Seceetaet to the Admiealty. Sie, —■ Downing Street, 12th December, 1868. I am directed by Earl Granville to transmit to you, for tho consideration of the Lords Commissioners of the Admiralty, an extract from a letter from Mr Fitzherbert, the Colonial Treasurer of New Zealand, expressing the wish of the Colonists that the survey of the Coast should be completed under their Lordships' directions, on the same terms as those on which a survey is being now conducted on the Coasts of Victoria and New South Wales. I have, &c, The Secretary to the Admiralty. F. Bogees.

Sub-Enclosure to Enclosure 1 in No. 27. Extract of Memorandum from Mr. Fitzherbert, for the Secretary of Stale for the Colonies, dated 21, Cockspur Street, S.W., the 26th November, 1868. " There is a further question, which, although not directly bearing on the defence of the harbours, yet relates to it in some measure, and is therefore now brought under notice. Tho survey of the Coast of New Zealand is incomplete; and although much has been done by the Colony by the erection of Lighthouses, yet the incomplete state of the survey of the Coasts is a constant source of danger to shipping frequenting the New Zealand seas. The petition of the Colony is, that the survey of the Coast of New Zealand may be completed under the direction of the Admiralty, on the same or similar terms as those on which it is understood that a survey is now being conducted on the Coasts of Victoria and New South Wales."

Enclosure 2 in No. 27. Mr. BoiiAiNE to tho Undee Seceetaev of State, Colonial Office. Sib,— Admiralty, 29th January, 1869. I have laid before my Lords Commissioners of the Admiralty your letter of the 12th December last, transmitting, by desire of the Secretary of State for the Colonies, an extract of a letter from Mr. Fitzherbert, the Colonial Treasurer of New Zealand, expressing the wish of the Colonists that the survey of the Coast should bo completed under the directions of the Admiralty on the same terms as those on which a survey is being now conducted on the Coasts of Victoria and New South Wales. Their Lordships have had under their consideration the subject of surveys and re-survc} rs, referred to in the above Despatch, and arc desirous of affording the New Zealand Government every assistance by counsel and advice, as well as by the services of experienced Naval Surveying Officers, to enable that Government to complete, and, if need be, to amend the surveys of its Coasts, the accuracy and completeness of which is of so much importance to the interests and welfare of the Colony. 6

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_ Looking to the fact that the whole of the Coasts of New Zealand have been already surveyed entirely at the Imperial cost, and that much of that which remains to be done appears in the form of re-surveys of localities the physical conditions of which are liable to inccss,?nt change, and looking at the great advance in population and wealth made by the Colony during past years, my Lords believe that it would be unreasonable to expect that these proposed surveys should in future be carried on, even partly, by aid from Imperial funds. While my Lords feel that there is perhaps an advantage in the surveys of the Empire beinocarried on by officers of the Navy, and that it is just that the charts should be engraved at the charge of the Admiralty, in order to ensure accuracy, uniformity, and confidence in the public mind, they are of opinion that all the expenses of such surveys as those contemplated in New Zealand should, including pay, Ac., of officers, and indeed every item of expenditure, be borne by the New Zealand Government. My Lords observe that allusion has been made to the terms under which a survey is being conducted on the Coasts of Victoria and New South Wales, but, under any circumstances, no parallel can fairly be drawn, as these Coasts have never previously been surveyed by Government, whilst those of New Zealand have, as before pointed out, enjoyed the exceptional advantage of having been surveyed wholly at the expense of the Imperial Government. I have, &c, The Under Secretary of State, Colonial Office. W. G. Bojiaine.

No. 28. Copy of a DESPATCH from the Right Hon. Earl Granville, K.G., to Governor Sir G. P. Bowen, G.C.M.G. (No. 19.) Downing Street, 9th February, 18G9. Sill, — (Beceived at Christchurch, 24th April, 1869). I transmit to you, for your consideration and that of your Responsible Advisers, a copy of a letter from Colonel D'Arcy, late Governor of the Gambia, suggesting a plan for the employment of a permanent Colonial Force in New Zealand, together with a copy of the answer wliich has been returned to it. I have, &c, Governor Sir G. P. Bowen, G.C.M.G. GRANVILLE.

Enclosure 1 in No. 28. Colonel D'Aecy to Lord Gbanville. My Loed, — Knole, Seven Oaks, 30th January, 1869. My experience in bush-fighting in India and Africa will, I trust, be accepted by your Lordship as my excuse for venturing to trouble you with a suggestion, which may, if carried out, possibly prevent future outbreak in New Zealand. In a leader of the Times of 29th January, this sentence appears : —" The Sepoy fought against " men of his own race; the Sikh helped to save our Empire in 1857; the Negro serves under our " colours against Negro kings on tho Coast of Africa. Why should not the New Zealand Native be " equally amenable to military discipline ? " Such is not quite the case. Hindostan and Africa are large continents. The Sepoy recruited in Oude has no sympathy with the Natives of Mj-sore. The Sikhs have never been called to fight agaiust a Sikh; the plunder of Delhi was always his ambition. Countries beyond the Sutlej were to them a terra incognita, and the Negroes of Equatorial Africa, first emancipated and then disciplined to the profession of arms in our AVest Indian Islands, have nothing in common with the half-Moorish Negro of the Sencgambia, against whom ho is generally arrayed. I doubt very much the expediency of enlisting Maori to fight Maori —all natives of one island. In New Zealand a difficulty presents itself in forming a permanent force from tho settlers—labour is too valuable to admit of the compulsory idleness of Europeans, where intelligence is so much required in a new clearing ; I am of opinion that a small corps d'armee might bo raised at Freetown, Sierra Leone, and shipped as a permanent Colonial Force to New Zealand, consisting of 500 rank and file of Zouave Infantry, Colony-born English blacks, including 100 trained gunners ; if the Colonial Government would entertain such a plan, I most respectfully beg to offer my services to enlist and train the volunteers, having served a long apprenticeship in the service, and, moreover, I am very well known on the West Coast by the people, who would follow me willingly. 1 have, &c, G. D'Aecy,. (late Governor of the Gambia). P.S.—ln the event of the Government at all entertaining this project, Colonel D'Arcy is ready to furnish a report as to transport, clothing, arms, and the best means of feeding the corps with recruits, <&c, &c, and placing the officers on the same Scale as the Irregular Begiments in India, viz.: —l Commandant ; 1 second in command ; 1 Adjutant; 1 Quartermaster.

TO THE GOVERNOR OP NEW ZEALAND.

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" D'Aecy, Colonel George, appointed Governor and Commander-in-Chief of the Gambia, June, " 1859 ; was adjutant of the 94th Begiment, in which corps he served sixteen years ; promoted by purchase " as Lieut.-Colonel in the 3rd West India Begiment; after commanding the corps for three years, agree- " able to Boyal Warrant, gazetted as Brevet Colonel, 7th July, 1857; sold out May, 1858 ; appointed " Governor of the Gambia, in June, 1859 ; served in the southern Mahratta war, 1845-46, East Indies. " Organized an expedition against the powerful robber king of Badiboo, and commanded the Boyal " Gambia Militia Artillery throughout the successful campaign which followed during the months of " February and March, 1861; was aide-de-camp from 1839 to 1848, to five successive Governors of Bom- " bay, and also to General Sir Willoughby Cotton, G.C.8., 1850-51, when he commanded the Bombay " Army ; author of a work on Light Infantry Drill. On leaving the Gambia, in December, 1866, Colonel " D'Arcy was presented by the Inhabitants with an address and sword of honour ' for devoted bravery " ' at the storming of the stockaded town Tubabe Colong, Biver Gambia, and to mark their appreciation " ' of his administration of the Government.' "

Enclosure 2 in No. 28. The Usdee Seceetaey of State, Colonial Office, to Colonel D'Aecy. Sie, — Downing Street, February, 1869. I am directed by Earl Granville to acknowledge the receipt of your letter of the 30th ultimo, suggesting a plan for the employment of a permanent Colonial Force in New Zealand, to consist of English blacks born in the Colonies. I am desired to inform you that your proposal is a matter for the consideration of tho local Government, by whom it is not probable that it will be adopted. His Lordship has however forwarded your offer of service to Sir George Bowen. I have, &c, Colonel D'Arcy. F. Saxdeoed.

No. 29. Copy of a DESPATCH from the Right Hon. Earl Granville, K.G., to Governor Sir G. P.' Bowen, G.C.M.G. (No. 20.) Downing Street, 12th February, 1869. Sir, (Beceived at Christchurch, 24th April, 1869.) I have the honor to acknowledge the receipt of your Despatch No. 111, of the 11th of November last, fonvardina; a Protest entered bv the Hon. VV. B. D. Mantell, M.L.C., against the passing of the Act of the New Zealand Legislature entitled "The Ngaitahu Assurance Validation Act, 1868" (32 Vict,, No. 32). In my Despatch No. 9, of the 18th ultimo, I informed you of the decision which had been adopted with respect to this Act; and I think no sufficient reason has been assigned by Mr. Mantell why the Act should not be allowed to remain in operation. I have, &c.j Governor Sir G. P. Bowen, G.C.M.G. GRANVILLE.

No. 30. Copy of a DESPATCH from the Right Hon. Earl Granville, K.G., to Governor Sir G. P. Bowen, G.C.M.G. (No. 22.) Downing Street, 22nd February, 1869. gIU, — (Beceived at Wellington, via Auckland, 2nd May, 1869.) I have the honor to inform you that Her Majesty will not be advised to exercise Her power of disallowance with respect to the following Acts of the Legislature of New Zealand, transcripts of which accompanied your Despatch No. 112, of the 6th of November last, viz. : — No. 27- —An Act to amend " The Joint Stock Companies Act, 1860." No. 33. —An Act to amend " The New Zealand Post Office Act Amendment Act, 1866." No. 42. —An Act to enable Superintendents and Provincial Councils to make permanent provision for Immigration and for other purposes." No. 75. —An Act to amend the Law regulating the issue of Treasury Bills.

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No. 76. —An Act for raising the sum of Seventy-eight thousand pounds (£78,000) by Treasury Bills, and to authorize the issue of Treasury Bills in the place of Treasury Bills issued under " The Treasury Bills Act, 1866." I have, &c, Governor Sir G. F. Bowen, G.C.M.G. GRANVILLE.

No. 31. Copy of a DESPATCH from the Right Hon. Earl Granville, E.G., to Governor Sir G. P. Bowen, G.C.M.G. (No. 23.) Downing Street, 23rd February, 1869. Su> 5 — (Beceived at Wellington, via Auckland, 2nd May, 1869.) With reference to my Despatch No. 14, of the 29th ultimo, forwardingcopy of a letter from Mr. Selfe protesting against the Act recently passed by the Legislature of New Zealand, entitled "The Public.Debts Sinking Fund Act, 1868," I have the honor to transmit to you a copy of a further Protest against this Act which has been received from Mr. P. Braithwaite. I have, &c., Governor Sir G. P. Bowen, K.C.M.G. GRANVILLE.

Enclosure in No. 31. Messrs. Fostee and Bbaitiiwaite to Earl Gbaxville. 27, Austin Friars, London. My Loed, — 9th February, 1869. As holders on account of our friends of certain New Zealand 8 per cent, debentures, bearing date Ist July, 1862, issued under the authority of the Provincial Council of Wellington, aud understanding that by an Act of the Colonial Legislature of New Zealand, called "The Public Debts Sinking Fund Act, 1868," passed on the 20th October last, being No. 74, 32nd Victoria, it is proposed to authorize the General Government of the Colony to take possession of and appropriate as it may think fit the several sinking funds set aside by the different Provincial Governments for the repayment of their debts, we beg respectfully to urge on your Lordships that Her Majesty may be advised to disallow the said Act, as unjust to the holders of the said debentures, to whom we submit the sinking funds belong, until the several Provincial Loans are repaid. To the Bight Hon. Earl Granville, KG, We have, Ac, Secretary of State for the Colonies. Fostee and Bbaithwaite.

No. 32. Copy of a DESPATCH from the Right Hon. Earl Granville, K.G., to Governor Sir G. F. Bowen, G.C.M.G. (No. 20.) Downing Street, 24th February, 1869. gill (Beceived at Wellington, via Auckland, 2nd May, 1869.) I have the honor to acknowledge the receipt of your Despatch, No. 124, of the sth December, forwarding a Petition to the Queen from the Wives, Mothers, and Daughters of the Settlers and Inhabitants of the Town and District of Wanganui, praying that Her Majesty would direct that the efforts of the loyal and well-affected of both races in that District and Island may be speedily supplemented by the aid of Imperial Troojis. I request that you will cause the subscribers of the Address to be informed that it has been laid before the Queen. Her Majesty feels warm sympathy with her faithful subjects who have been sufferers in New Zealand, but I was unable to advise Her Majesty to give any directions with regard to the special request contained in the Memorial. I have, &c, Governor Sir G. P. Bowen, G.C.M.G. GRANVILLE.

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No. 33. Copy of a DESPATCH from the Right Hon. Earl Granville, K.G., to Governor Sir G. P. Bowen, G.C.M.G. (No. 27.) Downing Street, 25th February, 1869. SIR, — (Beceived at Wellington, via Auckland, 2nd May, 1869.) In my Despatch No. 12, of the 29th January, I informed you that I had just received your Despatches containing the account of the cruel massacre in the neighbourhood of Poverty Bay, and had learnt by a telegram, which had preceded the Despatches, that the authors of those atrocities had been severely punished. I have now to acknowledge your Despatches No. 116 and 125, of 17th November and 7th December respectively, furnishing particulars of the massacre, and reporting the measures taken by your Government for meeting the emergency which had arisen at Poverty Bay, and for checking the progress of the rebel Natives in the neighbourhood of Wanganui. I have also to acknowledge your Despatch No. 129, of 18th December, which reports little progress, but no disaster since the Despatches of the previous mail. I need hardly repeat the expression of my regret at the reverses which the Colony has sustained, or my confidence that adequate efforts will be made for the restoration of tranquillity. I perceive with satisfaction the valuable assistance wliich your Government derives from the co-operation of the friendly Natives, and in particular the spirit and gallantry displayed by the Wanganui chief called by the Natives i' Captain Kemp." I trust that our Native allies will not only fight for us, but also draw those Natives who are now doubtful and wavering to acknowledge or respect the British supremacy. I think it necessary to comment on one sentence in your Despatch No. 125, of 7th December. You refer to your Despatch No. 100, of Bth October, as showing that the Local Government and Legislature have accepted the conditions on which Lord Carnarvon offered to leave a regiment in the Colony. Her Majesty's Government w'ould not in any case have been prepared to repeat Lord Carnarvon's offer, but, on repcrusing your ow rn Despatch and my predecessor's answer to it, you will, I think perceive, that even w rere they prepared to do so, the Colonial Government and Legislature have not, as you supposed, signified their acceptance of it. I cannot but express some surprise at your statement, which might have greatly misled Her Majesty's Government. I have read with interest the account of your expedition to Wanganui, and I approve both of your having proceeded thither, and of the language which you used to the assembled tribes. I have, &c, Governor Sir G. P. Bowen, G.C.M.G. GRANVILLE.

No. 34. Copy of a DESPATCH from the Right Hon. Earl Granville, K.G., to Governor Sir G. P. Bowen, G.C.M.G. (No. 28.) Downing Street, 26th February, 1869. gift (Beceived at Wellington, via Auckland, 2nd May, 1869.) The Secretary of State for War has communicated to me the correspondence, mentioned in the margin, which had passed between yourself and MajorGeneral Sir Trevor Chute, on the subject of the withdrawal of Her Majesty's forces from New Zealand. Ido not see that any material advantage will have been gained by Sir T. Chute's presence in the Colony, and I rather fear it may encourage the Colonists to rely on the expectation of Imperial assistance more than on their oWll exertions. Ihave&c, Governor Sir G. F. Bowen, G.C.M.G. GRANVILLE. 7

sir d. v. Bowen, ?° v r 1y 1 1 !68'. togir'T.'ohnt^ 1 Dec.2,1868. <j. b. Botwb, Dee. 17,i86& f" s^'x'<?i^ n Dec. 9,1868. r'£c>? u*cto d«.^issT"'

TO THE GOVERNOR OP NEW ZEALAND

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DESPATCHES FROM THE SECRETARY OF STATE

No. 35. Copy of a DESPATCH from the Right Hon. Earl Granville, K.G., to Governor Sir G. P. Bowen, G.C.M.G. (No. 30.) Downing Street, 26th February, 1869. SIR, — (Beceived at Wellington, via Auckland, 2nd May, 1869.) The information given me by your recent Despatches respecting the disturbances in NeAV Zealand does not convey to me a distinct idea of the origin of those disturbances, nor of the causes which led to the temporary successes of the Maoris —matters on which I am met in various quarters by statements which, if correct, ought to have been communicated to me officially. In the first place, I find it said that the escape of a large proportion of the prisoners from the Chatham Islands is to be ascribed to the fact, that they had been taken there with the expectation, if not the promise, that they should be brought back to New Zealand after a given time; that it was only when this expectation or promise was left unfulfilled that they made their escape ; and that on their return to their country they did not offer any violence to the settlers till attempts w rere made to hunt them down. I find it also said that the disturbances on the West Coast arose from an arbitrary seizure of two Natives as pledges or hostages for the return of two horses which were retaken by the Natives, after having been captured by General Chute. I should be glad to be furnished with such information as you possess on both these points. I should also be glad to learn the state of preparation in which the Colonial forces were when these outbreaks took place. The possibility of such outbreaks on the withdrawal of Her Majesty's troops, unless a formidable force were organized to replace them, is so obvious, that I can hardly understand that your Government could have failed to provide for it. But your Despatches furnish me with scarcely any information respecting the amount of force which was kept on foot at that period. I further wish to receive from you such information as you are able to obtain respecting the numbers and pay of the European Colonial force and of the Native Contingent, during the last two years. Lastly, I see it stated in the newspapers that you have offered a rew rard of £1000 for the person of the Maori chief Titokowaru—l infer alive or dead —and £5 for the person of every Maori rebel brought in alive. I do not pronounce any opinion at present as to the propriety of these steps. But I must observe that they are so much at variance with the usual laws of war, and appear at first sight so much calculated to exasperate and extend hostilities, that they ought to have been reported to me by you officially, with the requisite explanation, which I should now r be glad to receive. I have, &c, Governor Sir G. F. Bowen, G.C.M.G. GRANVILLE.

No. 36. Copy of a DESPATCH from the Right Hon. Earl Granville, K.G., to Governor Sir G. P. Boaven, G.C.M.G. (No. 34.) Sir,— Downing Street, 16th March, 1869. I have to acknowledge the receipt of your Despatch No. 121, of the 2nd December, enclosing a Memorandum from your Responsible Advisers respecting the effect of the Imperial Act 31 and 32 Victoria, cap. 57, "To make " provision for the Appointment of Members of the Legislative Council of New " Zealand, and to remove doubts in respect of past Appointments." I referred the Memorandum for the opinion of the Law Officers of the Crown, and I am advised that there is no ground for the apprehension entertained by Mr. Stafford.

TO THE GOVERNOR OF NEW ZEALAND.

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The Act of 31 and 32 Victoria, cap. 57, is an Act only explanatory of or amending 15 and 16 Victoria, cap. 33, and might probably of itself be amended by the present Assembly of New Zealand, in virtue of 20 and 21 Victoria, cap. 53, even if 28 and 29 Victoria, cap. 63, had never passed. But the sth section of the last-mentioned Act, which is not referred to in the Memorandum, is clearly sufficient to secure to the present Assembly the power to alter the constitution of the Legislative Council. This Act would certainly not be held to be repealed by a subsequent Act (such as the Act of last Session), without being named in it or referred to in any wray —unless, indeed, the inference that it was intended to be repealed were clear and irresistible. No such inference can be drawn in the present case, and I am advised that 28 and 29 Victoria, cap. 63, sec. 5, remains in force, and that the General Assembly of New Zealand have the power which Mr. Stafford apprehends has been inadvertently taken away. Under these circumstances Imperial legislation is unnecessary. I have, &c, Governor Sir G. F. Bowen, G.C.M.G. GRANVILLE.

No. 37. Copy of a DESPATCH from the Right Hon. Earl Granville, K.G., to Governor Sir G. F. Bowmen, G.C.M.G. (No. 30.) Sir, — Downing Street, 18th March, 1869. I referred, for the consideration of the Secretary of State for War, the Act of the New Zealand Legislature wliich accompanied your Despatch No. 112, of the 6th of November last, entitled " An Act to extend and apply the Mutiny " Act to the Armed Constabulary when on service in Proclaimed Districts, and to " authorize the constitution of Courts-Martial for the purpose of trying offenders " serving inthe Armed Constabulary in such District, and offenders serving in the " Militia or Volunteers whilst on Actual Service." I transmit to you the enclosed copy of the reply wliich has been received from the War Office, suggesting the amendment of the Act in the manner pointed out. I concur in the views entertained by Mr. Cardwell, and I request that you will be so good as to bring the subject under the consideration of your Responsible Advisers, in order that the necessary steps may be taken with a view to the amendment of the Act in the manner suggested. I have, &c., Governor Sir G. P. Bowen, G.C.M.G. GRANVILLE.

Enclosure in No. 37. Sir E. LuoAEn to Sir F. Bogees. Sie,— War Office, sth March, 1869. I am directed by Mr. Secretary Cardwell to acknowledge the receipt of your letter of the 30th January last, enclosing the transcript of an Act passed by the Legislature of New Zealand entitled " An Act to extend and apply the Mutiny Act to the Armed Constabulary when on service in " Proclaimed Districts, and to authorize the constitution of Courts-Martial for the purpose of trying " offenders serving in the Militia and Volunteers whilst on Actual Service." In reply, I am to request that you will state to Earl Granville that Mr. Cardwell is aware of no reason which should prevent the application to New Zealand of a law on this subject analogous to that in force in this country ; but this point appears to him to be rather for the decision of Earl Granville than of himself. Mr. Cardwell has, however, given his consideration to the terms of the proposed Act, and, referring to the 3rd clause, though he presumes that due provision will be made for securing the approval of the Governor in respect to all sentences which in this country would only be carried into execution after having been submitted by the Judge Advocate-General for Her Majesty's approval, he would suggest the addition, at the end of the clause, of words to the following effect: " but no sentence of death shall " be carried into effect until it shall have been approved by the Governor." It may be said that the Articles of War, to which, by the proposed Act, the Colonial forces would be made amenable, give in Article 123 this protection ; but Mr. Cardwell is of opinion that it is a matter of too much importance to allow any doubt to exist upon the subject. I have, &c, Sir F. Bogers, Bart. Edwaeb Lugaed.

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DESPATCHES FROM THE SECRETARY OF STATE

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No. 38. Copy of a DESPATCH from the Right Hon. Earl Granville, K.G., to Governor Sir G. P. Bowen, G.C.M.G. (No. 37.) Sir, — Downing Street, 21st March, 1869. I transmit to you the copy of a letter wliich I received from Mr. Fitzherbert, who was deputed by the New Zealand Government to treat with the Home Government respecting various financial matters connected with the late war in New Zealand. Mr. Fitzherbert states the grounds on which he considers that Her Majesty's Government might properly propose to Parliament the guarantee of a fresh New Zealand loan, to the amount of £1,500,000. I transmitted his letter to the Lords of the Treasury, and I enclose a copy of their reply. lam bound to add that I concur in the conclusion at which they have arrived. I should not have thought it necessary to add anything to the communication of their Lordships' decision, but for some expressions in Mr. Fitzherbert's letter which I think it right to notice. The following appears to be Mr. Fitzherbert's view, as collected from different parts of his letter : That some years ago the French and English were competing for the possession of New Zealand; that in order to exclude the French from those Islands, the English Government acquired the Islands subject to certain onerous obligations towards the Natives; that the Islands being in consequence occupied with English emigrants, were by the Imperial Government plunged into a war with the Natives ; that during that war the Imperial Government forced ■on the Colony the adoption of all Imperial obligations towards the Native race; and that the obligations so imposed are greater than can be discharged without Imperial assistance, and that this assistance may be most conveniently given in the form of a loan. The questions wliich are in effect raised by this statement have been long a subject of controversy, and lam not about to re-argue them. But I think it right to inform or rather remind you of the view of facts taken by the Imperial Government, which in New Zealand may not be prominently brought under your notice. It is this: A number of Englishmen, without any invitation or encouragement from the English Government, took on themselves to form one or more settlements in the Islands of New Zealand. The Government of the day considered itself responsible for placing the relations between these British subjects and the Natives among whom they settled on a reasonable basis, and for securing order among the settlers. It therefore acquired the Islands by treaty from the Natives, and established a regular Government in the settlements. The treaty did not render the English Government liable to the payment of a subsidy (as might be supposed from Mr. Fitzherbcrt's phrase), or any other onerous conditions, but merely gave the Natives the rights of British subjects, and bound the Queen to respect their territorial rights, —rights, it may be observed, the existence of wliich w rere perfectly recognized among the tribes, and which they were always ready to support by force of arms, if necessary. The Government was amenable at first to the Home Government, afterwards almost wholly to the settlers. But it was never at any time attempted to make New Zealand tributary to Great Britain, or to direct local affairs in such a way as to produce any political or pecuniary advantage to this country. The Colony was governed with a view to the real or supposed advantage of the inhabitants. In one part of the Colony —New Plymouth —a great and not unnatural desire existed to acquire part of the neighbouring lands from the Natives. The Governor, holding, as an Imperial officer, the position of Protector of Native rights, but also anxious to gratify the desires of the Colonists, took a step satisfactory to his Responsible Advisers, to the Local Legislature, and apparently to the mass of the Colonists, though blamed by some as inconsistent with those duties to the Natives which were in some sense Imperial. The result of this step, taken entirely in the interests and with the approval of the Colonists, was a war carried on partly at the expense of New Zealand, but

TO THE GOVERNOR OF NEW ZEALAND.

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principally at the expense of this country. And the result of the war is, that the leading tribe of the Maoris is scattered, that the power of the others is broken, and that large tracts of land to which the Government had no claim, and the settler no access except by friendly arrangement with the Natives, are confiscated, sold, and occupied by Europeans. It may be added, though not part of the argument, that meanwhile the number of the Colonists has risen from 49,800 in 1857, to 218,500 in 1867, and that of the Maoris is supposed, with more of conjecture, to have fallen from 56,000 to 38,500. If this statement is correct, it follows that the Imperial Government have not transferred to that of the Colony any obligation whatever, except that imposed on all of us by natural justice, not to appropriate the property of others; that all the Imperial expenditure on the Colony has been for the benefit of the Colonists, and a great part of it may be viewed as the price paid by this country for the territories wliich have been recently, and as I think unwisely, appropriated by them; and, lastly, that no part of the Colonial expenditure has been in any degree for the benefit of the Mother Country. So far, therefore, as there is any equitable claim remaining unsettled, it is not a claim on the part of New Zealand against Great Britain, but the reverse —a claim, and, if it were thought proper to urge it, a very heavy claim on the part of the Mother Country against the Colony. Lastly, Mr. Fitzherbert says that the Imperial Government "insisted" on transferring the burden of its obligations to the Native race from itself to the Colony. What the nature of these obligations are, in the opinion of the Home Government, I have already noticed. But I must add that Her Majesty's Government view this transfer, not as forced on the Colony, but, on the contrary, conceded to the Colony in compliance with the direct and indirect demands of the Colonists. The duty of protecting themselves against those whom they claimed the right to govern followed as a matter of course. I cannot help observing that if the opinions expressed at different times by my predecessors are correct, the present dangers of New Zealand are due, not to the punctual performance of their obligations to the Maori race, but rather to their adoption of a policy which, if not inconsistent with those obligations, was certain to appear so to the Natives affected by it. I have, &c, Governor Sir G. F. Bowen, G.C.M.G. GRANVILLE. Enclosure 1 in No. 38. Mr. Fitziieebeet to Earl Geaxville. Mt Loed— 21, Cockspur Street, S.W., sth February, 1869. In compliance with your Lordship's request, I now submit in writing the substance of the remarks which 1 offered for your consideration at the interview with which you favoured me relative to the present state of affairs in New Zealand. It was not requisite for me to enter into any particulars of the late disasters, for the state of the Colony was admitted to be sufficiently alarming to justify me in asking to be informed of the views of the Imperial Government thereon. If I did not seek to raise the question of who was to blame for the present state of things, the omission occurred from no desire to screen the Colony; and whilst I was prepared frankly to admit that errors have been committed by its successive Governments, yet I claimed for the Colony not only that its intentions had been good and its treatment of the Native race benevolent, but also that its sacrifices had been very great in submitting to a taxation much heavier than that imposed on the British taxpayers, ill order to enable it to meet tho special responsibilities which had been imposed on it. I considered, indeed, that affairs had travelled out of the region of complaint, and that the only wise course now left was to present a practical business statement for the consideration of the Secretary of State for the Colonies, of the grounds on which I claimed assistance for the Colony, and of the nature and extent of the relief which, in my opinion, the present emergency demanded. I was accordingly not misunderstood when I referred as a matter of fact to the difficulties which had been experienced by the Colony, more or less, ever since the Imperial Government had insisted on transferring the burden of its obligations to the Native race from itself to the Colony. It was unnecessary to point out the disadvantage to a transferee in all cases when a change of administration takes place, whilst the affairs to be administered are unsettled. This was especially the case with the transfer of Native administration in New Zealand, and I pointed out that the Colony had never yet been able to extricate itself from those embarrassments in which it became involved by the transfer, and was consequently never able to get a fair start. Neither was it necessary to dwell upon the nature of those obligations from which Great Britain sought to free herself. It is sufficient for mo to state that they were treaty obligations, which must remain as binding as ever on this country, and that if her Colony was unable adequately to perform the duty devolved upon her in regard to those obligations, that that inability could not discharge Great Britain from the engagements she originally contracted. 8

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30

DESPATCHES FROM THE SECRETARY OF STATE

No. 6, Jan. 10,1869. Col. Sec, Jan. 18, 1869. No. 7, Jan. 21,1869.

That the Colonv, notwithstanding the exhausted state of its resources owing to the waste of upwards of two millions of the War Loan of 1863, from circumstances for which she could not be held responsible, had made and is now making very great exertions to maintain the peace of the country, was a question upon which there could be no more doubt than of the fact that it had nevertheless failed, and now required aid. I will take occasion to refer separately to the question of retention of Imperial troops, which was referred to by me at the interview, and confine myself to the question of financial aid. 1 stated very plainly that it was impossible for us to quell the present insurrection and effectively maintain the peace of the country for the future, so as to restore it to such a condition as could render it again an eligible field for colonization by our fellow-subjects in Great Britain, without further means were placed at our disposal. That our ordinary revenues were insufficient to meet the special expenditure which will be required, and that our only alternative was to borrow. That if we were now to attempt to raise for war purposes a loan of money on the credit of the Colonial Government alone we should have to submit to most onerous terms. I asked, therefore, that under these sjiecial circumstances the Colony might be protected from any such further sacrifice by the extending to it the Imperial guarantee. That the extent to which it would, in my opinion, be necessary to cover our bonds, would be one and a half million sterling. That I was bound to state in the clearest terms, and upon my responsibility as acquainted with New Zealand affairs, that a less expenditure than I had indicated might be ineffectual, and that to estimate for any smaller liability would only be to lead to future disappointment; and that in that case it would be simply throwing good money after bad. That my calculations were based on an estimated special expenditure of £200,000 a year, continued for seven years; and that less than that would be insufficient to attain the required object, meaning the final and systematic pacification of the Colony, and the honorable fulfilment of those treaty obligations which Great Britain entered into with the Native race in order to obtain from them the sovereignty of the Islands, for which she was at the time competing with France. That whilst I would be no party to pretend that the object I had indicated could be attained at a less cost, yet that I had every confidence that if Her Majesty's Government thought proper to recommend to Parliament that our bonds to the amount indicated should be guaranteed, not only would there be a reasonable expectation of a great object being attained, but also that the aid would be rendered without cost to this country; and that the responsibility and risk attendant on giving that aid, which would be so valuable to the Colony, would in reality be scarcely appreciable to this country, and would undoubtedly reduce to a minimum the chances of affairs falling into such a condition as would render the interposition of the Mother Country as unavoidable as it would be costly. That I could, if called on, explain more in detail the grounds on which these expectations rested'; but that enough had probably been urged to bring the case clearly forward without my appearing to assume an attitude of abject entreaty on behalf of the Colony, which would be foreign to the spirit of its inhabitants. The tone and tenor of my remarks being intended to convey an appeal, earnest, but consistent with that self-respect without which a Colony ought not to aspire to govern its affairs ; urging the Home Government in the present emergency to aid it to fulfil those Imperial obligations which it was willing but unable to fulfil without such aid. If I did not refer to the well-known loyalty of the Colonists of New Zealand, and to their belief that they formed part of a great empire, which did not exist merely in name, it was because I was fully aware that these considerations were necessarily present to your Lordship's mind, and would, as a matter of course, receive their weight. It only remains for me to thank your Lordship for the great attention with which you listened to my remarks, and particularly for the assurance which you gave me that the case of New Zealand should receive prompt attention, and that the decision of Her Majesty's Government should be communicated without delay. I have, &c, The Bight Hon. Earl Granville, E.G., William Fitzheebeet. Colonial Office.

Enclosure 2 in No. 38. Mr. Law to the Hsdee Seceetaet of State, Colonial Office. Sie,— Treasury Chambers, 11th March, 1869. The Lords Commissioners of Her Majesty's Treasury have had before tliem your letter of the 26th ultimo, submitting a request from tho Colonial Treasurer of New Zealand, that Her Majesty's Government should guarantee the bonds of the Colony to the extent of £1,500,000; and I am to request that you will state to Lord Granville that my Lords are not prepared to recommend Parliament to guarantee the proposed loan. I have, &c, The Under Secretary of State, William Law. Colonial Office.

No. 39. Copy of a DESPATCH from the Right Hon. Earl Granville, K.G., to Governor Sir G. P. Bowen, G.C.M.G. (No. 40.) Downing Street, 2nd April, 1869. SIR — (Beceived at Wellington, 16th June, 1869.) I have received your Despatches numbered in the margin, and their enclosures, in wliich you report the operations of the Colonial forces under Colonel Whitmore against Te Kooti and his followers, and the success which has attended those operations by the taking of Ngatapa. From the plans which accompany your Despatches, this rebel stronghold appears to have been very

TO THE GOVERNOR OF NEW ZEALAND.

31

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formidable by nature, and strengthened by the defensive works which the Maoris throw up with a skill and precision closely allied to science. The operations wliich have been attended with so successful a result were conducted in a skilful and energetic manner by Colonel Whitmore, who, profiting by his experience in savage warfare at the Cape and in New Zealand, appears not to have neglected the military precautions which professional training show rs to be necessary on such service, nor to have failed to display the perseverance and determination essential to the accomplishment of a difficult enterprise. I have read with satisfaction the reports of Colonel Whitmore in which he brings to notice the conduct of the Colonial forces : their patient perseverance in approaching the place, and the energy and courage they displayed when the assault was given, reflect credit on all engaged, and Her Majesty's Government learn with great satisfaction that the Colonial forces have proved that they are capable of successfully dealing with armed rebels. The Native chief Ropata seems to have largely contributed to the success of the enterprise; and his conduct and that of his people show how important and valuable the assistance of Native auxilliaries may be made for all defensive purposes. The presence of Mr. Richmond, a member of the Government, was no doubt a most useful assistance to Colonel Whitmore, and I gladly recognize the services rendered by that gentleman. It is satisfactory to know that the force displayed the humanity and forbearance towards the women and children taken in the rebel stronghold which ought to distinguish troops under all circumstances. I consider the whole operation to have been skilfully and creditably conducted, and I trust that in your next Despatches you will be able to report the capture of Te Kooti. I cannot doubt that this success will have the effect of restoring security to the East Coast of the Colony, and of producing a very marked impression throughout the Maori country. I have, &c, Governor Sir G. P. Bowen, G.C.M.G. GRANVILLE.

No. 40. Copy of a DESPATCH from the Right Hon. Earl Granville, K.G., to Governor Sir G. P. Bowen, G.C.M.G. (No. 43.) Downing Street, 20th April, 1869. g IR , (Beceived at Wellington, 16th June, 1869.) My notice has been called to a statement made in a letter printed in the Haiclce's Bmj Herald of 12th January, in the following words :—" The Honorable " Mr. Richmond has offered a reward of £50 for the head of Nikora, £500 for " that of Te Kooti, and, I hear, £1 per head for any of the others." The writer adds, that " the good effect had been seen in the arrival of a great many prisoners, " who are shot as soon as they arrive." I have seen this statement with very great concern. I trust you will be able to inform me that it is untrue; and lam led to hope this both by the doubtful words of the writer, and by the circumstance that you have not reported to me a measure the gravity of w rhich you can scarcely have underrated. I can make every allowance not only for a Government wliich is bound to take effectual measures for the protection of the European population, but for the feelings of indignation which must be felt throughout the Colony at the atrocious murders wliich have been perpetrated by Te Kooti and his band; nor am lat all disposed to deny the necessity of extraordinary measures for the chastisement of a knot of men who have been guilty of such barbarities. But the general offer to savages of £1 for every head brought in, would be evidently calculated to produce undiscriminating murders, to intensify among our own allies the worst characteristics of the Maori nature, and to leave behind, among those who escaped this unmeasured punishment, or who were connected with them bv blood, alliance, or a sentiment of nationality, a permanent intention of revenge.

A—No. la,

DESPATCHES FROM THE SECRETARY OF STATE

32

The statement that prisoners are shot as soon as they arrive is unaccompanied by any information as to what steps are taken to secure that the persons so put to death have been implicated in any of the more criminal acts of the rebels. This is a further inducement to me to disbelieve the accuracy of the whole statement, as I feel convinced that the Government of New Zealand does not consider that, under the circumstances of the Colony, the shooting of a prisoner would be justifiable merely because he had been in arms against Her Majesty. I have, &c, Governor Sir G. P. Bowen, G.C.M.G. GRANVILLE.

No. 41. Copy of a DESPATCH from the Right Hon. Earl Granville, K.G., to Governor Sir G. F. Bowen, G.C.M.G. (No. 45.) Downing Street, 23rd April, 1809. SIE, —■ (Beceived at Wellington, 16th June, 1869.) I have received your Despatches Nos. 14 and 20, of the 31st January and 12th of February : the former enclosing a report from Colonel McDonnell of a successful expedition made by him at the head of a party of Native Cavalry, to the pa of the rebel chief Titokowaru; the latter forwarding a despatch from Colonel Whitmore, reporting the evacuation of the pa by Titokowaru, and other positions which he had occupied. I am greatly shocked to hear from Colonel McDonnell's report of the barbarous manner in which the remains of some of the Colonial troops were treated, and I can hardly express the feelings of horror with which I learn that there is reason to fear that one of them was burnt alive. I am glad to find that Colonel Whitmore's proceedings on the West Coast appear likely to justify the estimate of his capacity which I was led to form by the accounts of his success in the neighbourhood of Tauranga. I have, &c, Governor Sir G. F. Bowen, G.C.M.G. GRANVILLE.

No. 42. Copy of a DESPATCH from the Right Hon. Earl Granville, K.G., to Governor Sir G. F. Bowen, G.C.M.G. (No. 46.) Downing Street, 23rd April, 1869. Str, (Beceived at Wellington, 16th June, 1869.) I have to acknowledge the receipt of your Despatch No. IS, of Bth February, written in reply to my predecessor's Despatch No. 127, of the Ist December, in which you were informed that the departure of the 2nd Battalion of the 18th Regiment from New Zealand could not be delayed. I am glad to learn that you were taking steps to send the regiment from the Colony. I am aware that the New Zealand Government have applied themselves energetically to the defence of the Colony, and have long ago expressed my confidence that adequate efforts would be made for the restoration of tranquillity. I am glad to see that my expectations are justified by the intelligence recently received. I have read with attention the Memorandum of Mr. Stafford forwarded in your present Despatch, referring to matters cognate in some degree to those which formed the subject of my Despatch No. 37, of 21st March. As I cannot doubt that Her Majesty's troops will have finally left the Colony before this Despatch reaches you, I do not think it advisable to pursue a discussion which is no longer practical, and wliich is naturally viewed in a different aspect by the Government of this country and by that of New Zealand. I have, &c, Governor Sir G. F. Bowen, G.C.M.G. GRANVILLE.

A.—No. Ia

No. 43. Copy of a DESPATCH from the Secretary of State for the Colonies to Governor Sir G. P. Bowen* G.C.M.G. (No. 47.) Sir,— Downing Street, 26th April, 1869. I transmit to you a copy of a letter from the War Office, with its enclosures, on the subject of applications which had been received for the New Zealand War Medal, from persons who had volunteered for service with the regular forces. You will perceive that these medals will be issued by authority of Her Majesty to her regular troops engaged in the New Zealand wars, through and at the expense of the British Treasury, and may be so issued through and at the expense of the Colonial Government to Colonial Volunteers. It is for the Colonial Government to consider whether they desire to receive Her Majesty's authority for this purpose. If this should be the case, I will, on receiving your application to that effect, and a list of the persons to whom this honor ought to be given, request the Secretary of State for War to take steps for transmitting to you the requisite number of medals for distribution. I have, &c, W. MONSELL Governor Sir G. F. Bowen, G.C.M.G. (for Earl Granville).

April 5, iB6O.

Enclosure in No. 43. Sir E. Lugaed to the Undee Seceetaet of State, Colonial Office. Sie— War Office, sth April, 1869. lam directed by Mr. Secretary Cardwell to transmit to you a copy of a letter from the Adjutant-General to the Forces, requesting to be informed what reply is to bo given to claims made to the New Zealand Medal by persons who volunteered fer service with the regular forces in that Colony, and whether it is the intention of the Colonial Government to bestow the medal, with Her Majesty's sanction, on those who served in local corps, and I am to request that, in laying this letter before Earl Granville, you will state to his Lordship that Mr. Cardwell sees no objection at all, but much the reverse, to the bestowal upon Her Majesty's subjects in the Colonies of honors approved by Her Majesty for services in the field, but that he is unable to be responsible to Her Majesty for the due care and vigilance which ought to be exercised in the case of colonists, in preventing the extension of these honors beyond the proper limits. As this is believed to be a case of first impression, Mr. Secretary Cardwell requests to be favoured with Earl Granville's opinion on the subject, and to be informed whether his Lordship would be prepared to give the assurance in each case, which it seems to be necessary to require. A copy of the general order notifying the grant of the medal is herewith enclosed. I have, &c, The Under Secretary of State, Colonial Office. Edwaed Lugaed.

arcu «i 1869. p- 23 of General Orde rsaf Mar. 1, '

Sub-Enclosure to Enclosure in No. 43. The Adjutant-Geneeal to the Undee Seceetaet of State, War Office. New Zealand Medals. Sie,— Horse Guards, S.W., 17th March, 1869. With reference to General Order 17 of 1869, I am directed by the Field-Marshal Commanding in Chief to state that several applications for the New Zealand War Medals have been received from individuals who volunteered for service with the regular forces in that country, and to request that His Boyal Highness may be informed wha,t reply should be made to such claimants, and whether it is the intention of the Colonial Government to bestow, with Her Majesty's sanction, the above decoration on those who served in local corps. I have, &e, W. Paulet, The Under Secretary of State, War Office. Adjutant-General.

Enclosure 2 in No. 43. G. o.l7.—Medals—New Zealand. TnE Queen has been graciously pleased to command that a medal shall be prepared, to commemorate the services of Her Majesty's forces engaged in tho various military operations in New Zealand, during the years 1845-6-7, 1860-1-2-3^-5-6; and to direct, that one of the said medals shall be conferred 9

w.O. Letter Jan. 14, 1863, No. 7681-14.

TO THE GOVERNOR OF NEW ZEALAND

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on every surviving officer, non-commissioned officer and soldier of the regular forces, who actually served in tho field against the enemy in New Zealand during the periods alluded to, excluding those who may have been dismissed for subsequent misconduct, or who have deserted and are absent. Claims for the medal in question are to be addressed to the Adjutant-General of the Forces, Horse Guards. All officers and soldiers who consider they have a claim to receive such medal are to apply in the following manner, viz.: — General officers, direct to the Adjutant-General. Staff officers, through the general officer under whom they served, if such general officer bo alive, —if not alive, direct to the Adjutant-General. Begimeutal officers who are on half-pay or who have left the service, through the officer commanding the regiment or detachment under whom they served at the time, if such commanding officer be now alive.—(This can be ascertained by inquiry at the regimental agents in London.) If he be not alive, direct to the Adjutant-General. Begimcntal officers and men now serving, through their respective commanding officers. Pensioners, through the staff officers of their districts. Men who have purchased or otherwise taken their discharge, direct to the Adjutant-General. All applications to be made according to the form Appendix A.

APPENDIX A. TO G. O. 17.

No. 44. Copy of a DESPATCH from the Right Hon. Earl Granville, K.G., to Governor Sir G. E. Bowen, G.C.M.G. (No. 49.) Downing Street, 30th April, 1869. g IRj (Eeceived at "Wellington, 14th July, 18G9.) Her Majesty's Government have had under their consideration the suggestion made by Mr. Eitzherbert on behalf of the Government of New Zealand, that a branch of the Royal Mint should be established in that Colony. The annexed Papers printed for Parliament will show the nature of the conditions under which the Imperial Government could alone sanction the establishment of a Branch Mint in any Colony. It appears to me that your Advisers should carefully consider whether, having reference to the burden now pressing on the finances of New Zealand, the position of the Colony is such as to justify the heavy outlay which would attend the establishment of a Mint; and whether, as a second Branch Mint is about to be opened at Melbourne, it would not be better to defer taking any measures for the establishment of a Mint in New Zealand till the experiment at Melbourne has been fairly tried. I have, &c, Governor Sir G. E. Bowen, G.C.M.G. GRANVILLE.

Fide Mr. Fitzhcrbert's Memorandum — Export of Gold, Nov. 26, 1868. Voluminous lieport. Presented in original.

DESPATCHES FROM THE SECRETARY OF STATE

34

Claim to a rew Zealand Met lal, under 'eneral On !er 17 of 1869. fame and address of claimant Present rank, or rank on leaving the service Date of leaving the service, and for what cause Period of service in the field on which the claim is founded, stating Actions, &c, and name of immediate Commanding Officer Begimental number, rant, regiment, corps, or battalion, battery, troop, or company, at the time the above Bervice was performed ... Remarks Date of Application Signature of Claimant. Signature of a Magistrate, Parochial Minister or Churchwarden, who can testify to the identity of the claimant.

A.—No. la,

No. 45. Copy of a DESPATCH from the Secretary of State for the Colonies to Governor Sir G. F. Bowen, G.C.M.G. (No. 51.) Downing Street, 30th April, 1869. SIR, — (Beceived at Wellington, l-ith July, 1869.) With reference to your Despatch No. 117, of 29th November last, forwarding Memoranda from the Marine Engineer respecting an error in one of the Admiralty Charts, and additional Lights proposed to be erected on the Coast of New Zealand, I transmit to you, for your information, a copy of a letter upon the subject from the Lords Commissioners of the Admiralty, and of one from the Board Of Trade. Ihave,&C, W. MONSELL Governor Sir G. F. Bowen, G.C.M.G. (for Earl Granville).

ride a. No. i, p- ia Admiralty, Fcb-15»1869-Board of Trade, April 23, 1860.

Enclosure 1 in No. 45. Mr. Bomaine to the Undeb Seceetaet of State for the Colonies. Sie,— Admiralty, 15th February, 1869. With reference to your letter of the 3rd instant in regard to an error which is alleged to exist in one of the Admiralty Charts of the New Zealand Coast (Sheet IX.), viz. that a light is represented as being actually fixed on Cape Saunders, such not being the case, I am commanded by my Lords Commissioners of the Admiralty to request you will state to Lord Granville that on the Admiralty Chart in question there is a note to the effect that a light on Cape Saunders is building, and though it appears that the building has not been commenced, yet as the light is not described as lit, the note can cause no practical inconvenience so far as navigation is concerned. Notice of a new light being actually lit is never given till the requisite official information is received ; but when the information which is frequently given in the public and professional papers as to those which are building or are proposed to be built appears to be reliable, it is inserted on the charts. My Lords desire me to add that they understand that the New Zealand authorities have laid down buoys and beacons for the navigation of the south channel into Manukau Harbour, yet no official notice has been received here. I have, &e, The Under Secretary of State for the Colonies. W. G. Bomaine.

Enclosure 2 in No. 45. Mr. Teevoe to the Uxdee Seceetaet of State, Colonial Office. Board of Trade (Harbour Department), Sie,— Whitehall, S.W., 23rd April, 1869. I am directed by the Board of Trade to acknowledge the receipt of your letter of the 21st instant, calling attention to your letter of the 3rd February last, in which was transmitted, to be laid before the Board, copies of Memoranda enclosed in a Despatch which had been received from the Governor of New Zealand on the subject of additional lights which it is proposed to erect on the coast of that Colony, and requesting that Earl Granville may be informed if they propose to return any answer thereto. In reply I am to state, for their Lordships' information, that with the exception of the reference to an alleged error in the Admiralty Chart, there was, in the opinion of the Board of Trade, nothing in the Memoranda calling for any observations from them. The papers were sent to the Hydrographer to the Admiralty for his information, and that officer stated to the Board of Trade that the Colonial Office had been informed that the error would be erased from future impressions of the chart. The Board of Trade have no other observations to offer upon the subject of the Memoranda in question. I have, &c, The Under Secretary of State, Colonial Office. C. Cecil Teevoe.

No. 46. Copy of a DESPATCH from the Secretary of State for the Colonies to Governor Sir G. F. Bowen, G.C.M.G. (No. 55.) Downing Street, 19th May, 1869. g IRj (Beceived at Wellington, 14th July, 1869.) I have to acknowledge the receipt of your Despatch No. 81, of the 11th of March, enclosing a Memorandum from your Ministers upon the subject of the -occupation of the confiscated lands. I have, &c, F. R. SANDFORD Governor Sir G. F. Bowen, G.C.M.G. (for Earl Granville).

vide A. No. l, p' 55-

TO THE GOVERNOR OF NEW ZEALAND.

35

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36

DESPATCHES FROM THE SECRETARY OF STATE

Vide A. No. I, p. 28.

Vide A. No. 1, p. 54.

Vide A. No. 1, p. 61.

No. 47. Copy of a DESPATCH from the Secretary of State for the Colonies to Governor Sir G. F. Bowex, G.C.M.G. (No. 56.) Downing Street, 19th May, 1869. g IRj (Eeceived at Wellington, lith July, 18G9.) I have to acknowledge the receipt of your Despatch No. 9, of 26th January, forwarding Petitions to the Queen from certain Inhabitants of the City of Auckland and the Province of Southland, having for their object the suspension of the Constitution of the Northern Island, in order that the management of Native Affairs and of the Colonial Forces may be again placed under the personal control of the Governor; also, a letter from Mr. Macandrew, the Superintendent of the Province of Otago, urging you to apply for a reinforcement of Imperial Troops from Australia. The Petitions have been laid before Her Majesty. The views of Her Majesty's Government on the subjects to which these papers relate have been already made known to you by my predecessor and myself. You will be prepared, therefore, to learn that I have not been able to support the applications contained in them. I have, &c, F. R. SANDFORD Governor Sir G. F. Bowen, G.C.M.G. (for Earl Granville).

No. 48. Copy of a DESPATCH from the Secretary of State for the Colonies to Governor Sir G. F. Bowen, G.C.M.G. (No. 57.) Downing Street, 19th May, 1869. g!K 9 (Eeceived at Wellington, 14th July, 18G9.) I have to acknowledge the receipt of your Despatch No. 29, of 9th March, enclosing copies of the communications which you had addressed to Major-General Sir Trevor Chute and to the Commandant at Auckland, on the subject of the good conduct of the officers and men of the 2nd Battalion of the 18th Regiment, with a copy of Colonel Elliot's reply. I have much pleasure in receiving this testimony to the conduct of the battalion, and I have caused a copy of your Despatch to be forwarded to the War Office. I have, &c, F. R. SANDFOED Governor Sir G. F. Bowen, G.C.M.G. (for Earl Granville).

No. 49. Copy of a DESPATCH from the Secretary of State for the Colonies to Governor Sir G. F. Bowen, G.C.M.G. (No. 58.) Downing Street, 20th May, 1869. Sir, — (Keeeived at Wellington, 14th July, 18G9,) I have received your Despatch No. 34, of 13th March, enclosing a copy of a letter written hy the Rev. Mr. Whiteley, who has since heen cruelly murdered by the Rebel Natives. I have, &c, F. It. SANDFORD Governor Sir G. F. Bowen, G.C.M.G. (for Earl Granville).

No. 50. Copy of a DESPATCH from the Secretary of State for the Colonies to Governor Sir G. P. Bowen, G.C.M.G. (No. 59.) Downing Street, 20th May, 1869. Sir, — (Eeceived at Wellington, 14th July, 18G9.) With reference to my Despatch No. 47, of 26th April, on the suhject of

TO THE GOVERNOR OF NEW ZEALAND.

37

A.—No. la.

A. No. J,

Vide A. No. 1, p. 55.

the grant of the New Zealand War Medal to Volunteers for service with the Regular Troops, I request that you will inform me of the addresses of the Volunteers now resident in this country whom you may recommend for the medal. I have, &c, F. R. SANDFORD Governor Sir G. F. Bowen, G.C.M.G. (for Earl Granville).

No. 61. Copy of a DESPATCH from the Secretary of State for the Colonies to Governor Sir G. P. Bowen, G.C.M.G. (No. 61.) Sir, — • Downing Street, 21st May, 1869. I have to acknowledge the receipt of your Despatch No. 22, of 15th vide. February, enclosing a Memorandum from your Ministers upon the subject of a p" 46" proposed sale of gunpowder and other military property of the Crown now in New Zealand. I presume that the question will have been disposed of before this Despatch reaches you. But your Despatch has been forwarded to the War Office, with an intimation of my opinion, that the Military Authorities should give the Colonial Government the refusal of Government stores, and especially arms or gunpowder, at a fair price, before selling them to the general public. I have, &c, P. R. SANDPOKD Governor Sir G. P. Bowen, G.C.M.G. (for Earl Granville).

No. 52. Copy of a DESPATCH from the Right Hon. Earl Granville, K.G., to Governor Sir G. F. Bowen, G.C.M.G. (No. 62.) Sir,— Downing Street, 21st May, 1869. I have to acknowledge your Despatch No. 30, of the 11th March, enclosing a Memorandum from Mr. Stafford, requesting to be informed on what -terms Her Majesty's Government would allow a portion of Her Majesty's troops to be stationed in New Zealand. I cannot help observing, first, that it is unfortunate that this request should have been postponed till the troops are on the point of leaving the Colony, so that it is necessary either to delay their departure while the question of their detention is being discussed between London and Wellington, or to send them away with the chance of their being sent back again. Secondly, that Mr. Stafford does not give me the slightest indication of the sacrifices which the Colony is prepared to make, or he to advise, in order to obtain this assistance, or of the arrangements by wliich the inconveniences of a double government, wliich are said to have proved so intolerable in military matters, can be, in his opinion, avoided. And, lastly, that the difficulty which Mr. Stafford experiences in understanding clearly at the present moment on what conditions Her Majesty's troops may remain in New Zealand, is due, not to any variations in the policy of Her Majesty's Government, nor to any want of clearness in the expression of that policy, but to the circumstance that no such conditions exist, the only conditions proposed by this Government having been rejected by the Colonists, and none others having been offered on the one side or on the other. I have carefully considered Mr. Stafford's Memorandum, and I have to state that I have failed to find in it any basis upon which to change the policy which, after the rejection by the Government of New Zealand of Lord Carnarvon's proposal, has been adopted by my predecessor and myself. I have read .with deep regret the account of the crimes which have been committed by a portion of the rebels, and it is needless to repeat how much Her Majesty's Government sympathize with the settlers in their misfortunes. But 10

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these considerations, however painful, cannot affect the course wliich Her Majesty's Government believe it to be desirable to pursue in the best interests of both the Mother Country and the Colony. Colonel Whitmore's able report shows that, in the opinion both of the local troops and of the rebels, the former are superior wlien they meet face to face. It will be for the local Government to consider how far they can rely on this superiority to enforce the submission of the Maori nation, or whether attempts should not be made towards a peaceful solution. I have, &c, Governor Sir G. F. Bowen, G.C.M.G. GRANVILLE.

No. 53. Copy of a DESPATCH from the Right Hon. the Secretary of State for the Colonies to Governor Sir G. P. Bow rEN, G.C.M.G. (No. 67.) Downing Street, Sth June, 1869. Sir, — (Beceived at Wellington, 10th August, 1869.) With reference to the correspondence wliich passed with Mr. Fitzherbert, when he was in this country, and the Lords Commissioners of the Treasury, respecting the investment of the Sinking Fund of the New Zealand Loan in Colonial Securities, I transmit to you for your information a copy of a letter, with its enclosures, received through the Treasury from the Crown Agents on the subject of the fund. I have, &c, FREDERIC ROGERS Governor Sir G. F. Bowen, G.C.M.G. (for Earl Granville).

Enclosure in No. 53. Mr. Law to Sir F. Bogees. Sie,— Treasury Chambers, 27th May, 1869. I am directed by the Lords Commissioners of Her Majesty's Treasury to transmit to you herewith, for the information of the Secretary of State, and with reference to the letter of this Board of the 6th of February last, copy of a letter from the Crown Agents for the Colonies, dated the 21st instant, with copies of the statements enclosed therein, on the subject of the Sinking Fund of the New Zealand Loan, guaranteed by Act 20 and 21 Vict., cap. 51. I am &c, Sir F. Eogers, Bart., &c. William Law.

Sub-Enclosure to Enclosure No. 53. Mr. Jijltan to Mr. Law. Crown Agent's Office, Spring Gardens, Sie,— London, 21st May, 1869. In compliance with the request contained in the last paragraph of your letter of the 11th March last, I have now the honor to enclose, for the information of the Lords Commissioners of Her Majesty's Treasury, two statements marked A. and B. respectively ; the first showing the state of the Sinking Fund of the New Zealand Loan, guaranteed by Act 20 aud 21 Vict., cap. 51, at the p esent moment, and the second showing the result of the transfer of the accumulations of that fund as they stood on the 6th April last, from consols to Colonial Government securities. I have, &e., William Law, Esq., <tc, Treasury. P. G. Juxtan. A. —Statement of the Sinking Fund of the New Zealand 4 pee Cent. Loan foe £500,000, issued under " The New Zealand Loan Act, 1856," (guaranteed by the Imperial Government under Act 20 and 21 Vict., Cap. 51,) invested in 3 per cent. Consols, up to 13th January, 1869, subsequently sold and reinvested in Colonial Government Securities, under Treasurv authority, dated 6th February, 1869.

'o amount invested in the purchase of £124,611 Is. lid. 3 per cent. Consols, from 23rd November, 1858, to 13th Januarv, 1869 idd Brokerage 'rofit derived by Resale £ a. d. 1869. April 6 By amount realized by sale of £124,611 Is. lid. 3 per cent. Consols at 92 g per cent. Less Brokerage ... £ s. d. 113,629 3 2 154 15 10 1,792 17 0 115,732 11 2 155 15 2 115,576 16 0 115,576 16

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iTATEJIEN' :ino T>, ;c. — continue) .. —i 1869. Feb. 8 To amount brought down... Six months' dividend due 5th January, 1869, on £120,041 4s. Id. 3 per cent. Consols 1,800 12 4 Less tax at 6d. ... 45 0 3 £ s. d. 115,576 16 0 i 1869. By amount invested chase of Canada Bonds, viz.:— I in tho pur5 per cent. £ s. d. April 13 5,000 at 92 J Brokerage £ s. d. 4,637 10 0 12 10 0 4,650 0 0 1,755 12 1 14 16 l'°°° ) at 93 4,000 J atJd ■• Brokerage 4,650 0 0 April! To six months' contribution due to 31st March, 18G9, on £50,000, on series B. and E. ... 780 0 0 16 20 12 10 0 4,662 10 0 39,000} 28,000 J* Uj •■ Brokerage 61,640 0 0 29 167 10 0 44,307 10 0 119 15 0 61,807 10 0 47,900 at 92i ... Brokerage 44,427 5 0 May 15 1,000 at 891 Brokerage 895 0 0 2 10 0 19 1,622 5 0 4 10 0 897 10 0 1,800 at 90JBrokerage 1,626 15 0 10 18 1 Balance remaining t ,o be invested 118,082 8 1 118,082 8 1 Offices of the Crown Agents for the Colonies, P. G. Julyan, Spring Gardens, London, 20th May, 18G9. Crown l Agent. B. —Statement of the Snocnra Fund of the New Zealand 4 pee cent. Loan for £50i under " The New Zealand Loan Act, 1850," (guaranteed by tho Imperial GovernmeK 20 and 21 Viet., Cap. 51,) invested in 3 per cent. Consols up to 13th January, 1809, t sold and reinvested in Colonial Government Securities, under Treasury authoriti February, 1869. 0,000, issued Lt under Act subsequently f, dated 6th £ s. d. 1869. April 6. £ a. d. To amount invested in the purchase of £124,611 Is. lid. 3 per cent. Consols from 23rd November, 1858, to 13th January, 1869 Add Brokerage 113,629 3 2 154 15 10 By amount realized by sale of £124,011 Is. lid. 3 per cent. Consols at 92J per cent. Less Brokerage 115,732 11 2 155 15 2 Profit derived by Re-sale 113,783 19 0 1,792 17 0 115,576 16 0 115,576 16 0 To amount brought down £ s. d. 115,576 16 0 1869. By amount investei chase of £124,90< Canada Bonds, viz 1 in the pur- ) 5 per cent. £ s. d. April 13 5,000 at 92-J Brokerage £ s. d. 4,637 10 0 12 10 0 4,650 0 0 „ 16 1,000 ■) . „„ 4 ; ooo jat93 ... Brokerage 4,650 0 0 „ 16 „ 20 12 10 0 4,662 10 0 39,000} g , 28,000 3 ata-' ••■ Brokerage 61,640 0 0 61,807 10 0 167 10 0 „ 29 47,900 at 921 Brokerage 44,307 10 0 119 15 0 44,427 5 0 Balance to be invest ed 115,547 5 0 29 11 0 115,576 16 0 115,576 16 0 5 per cent. Interest on £124,900 Canada Bonds 3 per cent. Interest on £124,611 Is. lid. 3 per cent. Consols £ s. d. 6,245 0 0 3,738 6 10 Annual gain in Interest ... 2,506 13 2 Offices of the Crown Agents for tl Spring Gardens, London. ie Colonies, 11th May, P. G. JUITAN, Crown Agent. 1G9.

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No. 54. Copy of a DESPATCH from the Right Hon. the Secretary of State for the Colonies to Governor Sir G. F. Bowen, G.C.M.G. (No. 68.) Downing Street, 10th June, 1869. g IR (Beceived at Wellington, 10th August, 1869.) I have to acknowledge the receipt of your Despatch No. 38, of the 24th March, reporting the trial and execution of a Native named Whakamau for murder. I am, &c, FREDERIC ROGERS Governor Sir G. F. Bowen, G.C.M.G. (for Earl Granville).

. No. 55. Copy of a DESPATCH from the Right Hon. the Secretary of State for the Colonies to Governor Sir G. F. Bowen, G.C.M.G. (No. 70.) Downing Street, 14th June, 1869. gill (Beceived at Wellington, 10th August, 1569.) With reference to my Despatch No. 61, of 21st ultimo, I have the honor to transmit to you for your information a copy of a letter from the War Office on the subject of the sale of gunpowder and stores belonging to the Imperial Government in New Zealand. I have, &c, FREDERIC ROGERS Governor Sir G. F. Bowen, G.C.M.G. (for Earl Granville).

Enclosure in No. 55. Sir H. Storks to the Undee Seceetaet of State, Colonial Office. Sib,— War Office, 9th June, 1869. In reference to your letter of the 21st May, enclosing copy of a Despatch from the Government of New Zealand, relative to the sale of gunpowder and other stores belonging to the Imperial Government in that Colony, I am directed to express Mr. Cardwell's regret that any sale of stores should have been undertaken in New Zealand before the Colonial Government had been communicated with, and to acquaint you, for the information of Earl Granville, that, in accordance with His Lordship's suggestion, the General Officer Commanding Her Majesty's forces in that Colony will be instructed to give the Colonial Government the option of purchasing, at a fair and moderate price, any gunpowder or other stores proposed for sale, before disposing of them to the general public. He will also be instructed to take care that no public sale takes place which may lead to the result apprehended by the Colonial Government, of putting arms into the hands of the insurgents. I have, &e, The Under Secretary of State, Colonial Office. 11. K. Stoeks.

No. 56. Copy of a DESPATCH from the Right Hon. Earl Granville, K.G., to Governor Sir G. P. Bowen, G.C.M.G. (No. 71.) Downing Street, 15th June, 1869. g IR (Beceived at Wellington, 10th August, 1569.) I have to acknowledge your Despatch No. 42, of 30th March, reporting that you had received an announcement from His Royal Highness the Duke of Edinburgh, of his approaching visit to New Zealand, and that you had invited the friendly Maori Chiefs of the North to attend His Royal Highness at Auckland, and those of the South at Wellington. I have, &c., Governor Sir G. F. Bowen, G.C.M.G. GRANVILLE.

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No. 57. Copy of a DESPATCH from the Right Hon. Earl Granville, K.G., to Governor Sir G. F. Bowen, G.C.M.G. (No. 73.) Downing Street, 18th June, 1869. Sir, — (Beceived at Wellington, 10th August, 1869.) I have to acknowledge the receipt of your Despatches mentioned in the margin, with their enclosures, relating to the progress of the war with the Natives. I am glad to learn that, in Colonel Whitmore's opinion, Titokowaru's influence is destroyed, and to perceive that Colonel Whitmore expresses a high opinion of the courage and efficiency of the force under his command. I sincerely regret that the intelligence from the East Coast is not only less encouraging, but includes an account of another deplorable sacrifice at Mohaka. I observe, with much satisfaction, the courage and efficiency of some of the friendly Natives, and particularly of the Chief Te Kepa. I have, &c, Governor Sir G. F. Bowen, G.C.M.G. GRANVILLE.

Ma rch°2o7iB69 n O . h; —L March 29, J869. Api^ jajgo.

No. 58. Copy of a DESPATCH from the Right Hon. Earl Granville, K.G., to Governor Sir G. F. Bowen, G.C.M.G. (No. 74.) Downing Street, 18th June, 1869. SIR, — (Beceived at Wellington, 10th August, 1869.) I have the honor to acknowledge the receipt of your Despatch No. 50, of 13th April, reporting the arrival in New Zealand of His Royal Highness the Duke of Edinburgh. I have, &c, Governor Sir G. F. Bowen, G.C.M.G. GRANVILLE.

No. 59. Copy of a DESPATCH from the Right Hon. Earl Granville, K.G., to Governor Sir G. P. Bowen, G.C.M.G. (No. 75.) Downing Street, 18th June, 1869. SIR, — (Beceived at Wellington, 10th August, 1869.) In answering your Despatches which reached me by the mail of May, I omitted to notice your observation that the intention of Her Majesty's Government respecting the removal of the troops from New Zealand had been communicated to the Military and Naval Officers on the Australian Station, but withheld from you. On this head it is desirable that I should remove a misconception which appears to have arisen, not very unnaturally, in New Zealand. The policy of Her Majesty's Government has been uniformly that which has been from time to time communicated to you —the policy of immediate withdrawal of troops. If any change had taken place in that policy, it would have been at once communicated to you ; but no such change has taken place. The exact mode and time of removing the troops has been subject to some uncertainty, being affected by various considerations connected with the general movements of troops and shipping, which it has been of course necessary to communicate to the officers concerned, but wliich, from their dependence on contingencies, it would, in some cases, have served no good purpose to communicate to you. Accident, however, has given to some of these arrangements of detail an. appearance of importance which does not naturally belong to them, and this, I think it is, which has led you to suppose that Her Majesty's Government have kept you in ignorance of their intentions on matters of importance, respecting which others were fully informed. I have, &c, Governor Sir G. F. Bowen, G.C.M.G. GRANVILLE. 11

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No. 60. Copy of a DESPATCH from the Right Hon. Earl Granville, K.G., to Governor Sir G. P. Bowen, G.C.M.G. (No. 76.) Downing Street, 18th June, 1869. Sir, — (Beceived at Wellington, 10th August, 1869.) I have to acknowledge your Despatch No. 46, of 7th April, enclosing a letter on the present state of New Zealand, from Mr. J. C. Firth, of Auckland. I have read with attention Mr. Firth's letter, which brings before me with much ability various matters wliich had already received the consideration of Her Majesty's Government. They deeply regret the loss of life, the destruction of property, and the interruption of industry, which have taken place in parts of New Zealand ; but I should not be doing my duty if I led Mr. Firth to anticipate that Her Majesty's Government would be induced to resume the responsibility of governing the Native race or furnishing military protection to the settlers. It would be a great injury to the Colonists to lead them to rely on such protection, or to neglect such means of pacification and self-defence as are within their own reach. With regard to the charge delivered by Mr. Justice Richmond, you will already have learnt that the difficulties anticipated by him are not to be apprehended, as the Court of Queen's Bench, in a case of Phillips v. Eyre, decided this year, has upheld the validity of the Jamaica Indemnity Act. I have, &c, Governor Sir G. P. Bowen, G.C.M.G. GRANVILLE.

No. 61. Copy of a DESPATCH from the Right Hon. Earl Granville, K.G., to Governor Sir G. F. Bowen, G.C.M.G. (Circular 3.) Downing Street, 7th June, 1869. Sir, — (Beceived at Wellington, 10th August, 1869.) I have the honor to transmit to you the copy of an Act of the Imperial Parliament authorizing the removal of prisoners from one Colony to another for the purpose of punishment. You will see that, by the 4th section, any two Colonies may, with the sanction of an Order of Her Majesty in Council, agree for the removal of any prisoners from one of such Colonies to the other, for the purpose of their undergoing their sentences in the Colony to which they are removed. It was not thought necessary to exclude any Colonies by name from the operation of this Act, but I am anxious to remove any ground for apprehension that this Act might be used to revive the system of transportation to Western Australia, It has been observed to me, and is no doubt true, that under this Act Her Majesty w rould have pow rer to sanction transportation from any British Colony to Western Australia; but it is also true that Her Majesty has also legal power to order transportation from this country to the last-mentioned Colony, or by Order in Council, under the 4th section of 6th Geo. IV., c. 69, to appoint Western Australia as a place to which Colonial convicts may be removed, and the Colonists may be assured that Her Majesty will not be advised to sanction, under this Act, a mode of proceeding in respect to Colonial convicts which, at the wish of the Australian Colonics, has been abandoned in respect to British convicts. Her Majesty's Government are of opinion that, as a general rule, it is desirable that each Colony should deal with its ow rn convicts within the Colony; but it has been found difficult in some of the smaller West Indian Colonies to exercise a proper system of prison discipline and control, and one of the objects of this Act is to facilitate the erection of central prisons in one or more of the larger islands, should the colonists desire it, where a more effectual, and at the same time more economical, supervision of the prisoners could be carried out.

TO THE GOVERNOR OF NEW ZEALAND.

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I trust that this assurance and explanation will effectually obviate any misapprehension which might arise as to the intended operation of the Act. I have, &c, Governor Sir G. F. Bowen, G.C.M.G. GRANVILLE.

Enclosure in No. 61. Chap. 10. An Act for authorizing the Eomoval of Prisoners from one Colony to another for the purposes of Punishment.—[l3th May, 1869.] Wiieeeas it is expedient to amend the law relating to the removal of prisoners from one colony to another for tho purposes of punishment: Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows : Short Title. 1. This Act may be cited for all purposes as " The Colonial Prisoners Removal Act, 1869." Definition of terms. 2. For the purposes of this Act— " Colony." The term " colony" shall not include any place within the United Kingdom, tho Isle of Man, or tho Channel Islands, or within such territories as may for the time being be vested in Her Majesty by virtue of any Act of Parliament for the government of India, but shall include any plantation, territory, or settlement situate elsewhere within Her Majesty's dominions, and subject to the same local government; and for the purposes of this Act all plantations, territories, and settlements under a central legislature shall be deemed to be one colony under the same local government: " Governor." The term " governor " shall include the officer for the time being administering the government of any colony: " Legislative body." The term " legislative body " shall mean any house of assembly or other body of persons having legislative powers in the colony, and where such body of persons consists of two separate houses it shall include both houses, and where there are local legislative bodies as well as a central legislative body shall mean the central legislative body only. Sect. 4 of 6 G. 4, c. 69, repealed. 3. The fourth section of tho Act passed in the sixth year of the reign of His late Majesty King George the Fourth, intituled "An Act for punishing Offences committed by Transports kept to Labour in the Colonies, and better regulating the Powers of Justices of the Peace in New South Wales," is hereby repealed, except so far as may bo necessary for supporting or continuing any proceedings taken thereunder. Prisoners may be removed from one Colony to another for purposes of punishment. 4. Any two colonies may, with the sanction of an Order of Her Majesty in Council, agree for the removal of any prisoners under sentence or order of transportation, imprisonment, or penal servitude from one of such colonies to tho other for the purpose of their undergoing in such other colony the whole or any part of their punishment, and for the return of such prisoners to the former colony at the expiration of their punishment, or at such other period as may be agreed upon, upon such terms and subject to such conditions as may seem good to the said colonies. The sanction of the Order of Her Majesty in Council may be obtained, in the case of a colony having a legislative body, on an address of such body to Her Majesty, and in the case of any colony not having a legislative body, on an address of the governor of such colony; and such sanction shall be in force as soon as such Order in Council has been published in the colony to which it relates. The agreement of any one colony with another shall for the purposes of this Act be testified by a writing under the hand of the governor of such colony. Removal of prisoners to be by warrant. 5. Where the sanction of Her Majesty has been given to any such agreement as aforesaid relating to the removal of prisoners from one colony to another for the purpose of undergoing their punishment, any prisoners under sentence or order of transportation, imprisonment, or penal servitude may bo removed from such one colony to the other under the authority of a warrant signed by the governor, and addressed to the master of any ship, or any other person or persons ; and the person or persons to whom such warrant is addressed shall have power to convey the prisoner therein named to such other colony, and to deliver him when there into the custody of any authority designated in such warrant, or empowered by the governor of such last-mentioned colony to receive such prisoner. Prisoner in legal custody during removal. 6. Every prisoner shall, from the time of his leaving his prison in one colony to the time of his reaching his prison in the other colony, be deemed to be in the legal custody of the person or persons empowered to remove him, and to be subject to the same restraint, and, in the event of misbehaviour,

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to the same punishment, as if he had continued in prison, and as if the person or persons empowered to remove him were the gaoler or gaolers of such prison ; and if he escape or attempt to escape from such custody, such prisoner, and every person aiding or attempting to aid him in such escape, shall be subject to tho same punishment as if such escape or attempt to escape were an escape or attempt to escape from prison. A prison shall mean any place of confinement, or any place where the prisoners undergo punishment. Any person punishable under this section may be tried and punished cither in the colony from •which the prisoner is being removed, or in the colony to which he is being removed; and the law applicable to such person shall be the law of the colony in which he is tried. Liability of prisoner in colony to which he is removed. 7. Every prisoner shall, upon his delivery to the person having lawful authoi-ity to receive him in the colony to which he is removed, be subject within such colony to the same laws and regulations, and shall be dealt with in all respects in the same manner, as if he had been tried and received the same sentence in such colony as the sentence which has been passed on him in the colony from which he is removed. Removals heretofore made to be valid for all purposes. 8. And whereas from time to time divers prisoners have been removed from one of Her Majesty's colonies to another, and doubts have been entertained whether such removals were legal, and how far such prisoners could be legally dealt with in the colonies to which they have been removed, and it is expedient that such doubts should be removed: Be it enacted as follows : The removal of any prisoner heretofore made from one colony to auother by or under the authority of the governor of either of such colonies, and any act done in relation to such removal by or under such authority, and the detention, custody, and treatment in cither colony of tho prisoner so removed, shall be deemed to have been as lawful and effectual for all purposes whatsoever as if this Act had been passed at the time of such removal, and had been in force in respect of both the colonies referred to in this section, and such removal had been duly made in pursuance of this Act.

No. 62. Copy of a DESPATCH from the Right Hon. Earl Granville, K.G., to Governor Sir G. P. Bowen, G.C.M.G. (Circular 1.) Downing Street, 11th June, 1869. SLR, — (Received at Wellington 10th August, 1869.) I transmit to you herewith copies of a correspondence with the War Office, relative to an arrangement which has been proposed by that Department for offering encouragement to a certain proportion of the non-commissioned officers and privates of R-cgiments about to return to this country, after serving in Her Majesty's Colonies, to accept their discharge with a view to their employment in the Police and other positions of trust; and I have to request that you will submit this plan for the consideration of your Responsible Advisers. I have, &c, Governor Sir G. F. Bowen, G.C.M.G. GRANVILLE.

Enclosure 1 in No. 62. Sir E. Lugaed to the Undee Seceetaet of State, Colonial Office. Sie,— War Office, 16th February, 1869. I am directed by Mr. Secretary Cardwell to request that you will state to Earl Granville that it appears to him to be desirable, both for the interests of the Colony and of the Mother Country, that when any of Her Majesty's regiments are ordered to return home from service in the Colonies, that a certain proportion of non-commissioned officers and privates of good character should be allowed their discharge, if the Colonial authorities desire to employ them as Policemen or in other places of trust. The Colony, on the one hand, would obtain the advantage of the services of a class of men not easily to be met with, while, on the other hand, the expense of their conveyance home would bo saved to this country, and the prospect of such employment after foreign service might prove an encouragement to recruiting generally, and especially to the re-engagement of men who are serving in the Colonies. In order not to give these men an undue advantage over those who obtain their discharges by purchase, it would be desirable that some security should, if possible, be taken from the men accepting their discharge under this arrangement, by their engaging to serve for a certain period in the situation to which they may be appointed, or to remain in the Colony as settlers, if allowed to relinquish them. Should Lord Granville agree with Mr. Cardwell, I am to suggest that a circular letter upon the subject should be addressed to the Governors of the several Colonies, in which case Mr. Cardwell would be happy to furnish His Lordship with the conditions under which men will be allowed to take their discharge. The Under Secretary of State, &c, I have, &c., Colonial Office. Edwaed Lugaed.

TO THE GOVERNOR OF NEW ZEALAND.

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Enclosure 2 in No. 62. Sir F. Bogees to Sir E. Lugaed. Sie, — Downing Street, 3rd March, 1869. I have laid before Earl Granville your letter of the 16th ultimo, conveying the proposal of Mr. Secretary Cardwell, that, as an arrangement of mutual advantage to the British Colonies and the Mother Country, when any of Her Majesty's regiments are ordered to return home from service in the Colonies, a certain proportion of non-commissioned officers and privates of good character should be allowed their discharge if the Colonial authorities should desire to employ them as Policemen or in other places of trust. In reply, I am directed to express Lord Granville's concurrence with this proposal, which meets, in a certain degree, a portion of a suggestion which His Lordship has brought under the consideration of Mr. Cardwell, respecting half-pay officers and non-commissioned officers. As soon as Lord Granville shall have been furnished with Mr. Cardwell's views on the whole subject of the military defence of the Colonies, he will gladly suggest the adoption of this arrangement in a circular despatch, addressed to the Governors of those Colonies in which British troops may be stationed. I have, &c., Sir E. Lugard, &c, War Office. F. Booees.

Enclosure 3 in No. 62. Sir E. Lugaed to the Undee Seceetaet of State, Colonial Office. Sie,— War Office, Bth May, 1869. With reference to your letter of the 3rd March last, expressing the concurrence of Earl Granville in Mr. Cardwell's proposal, that inducements should be offered to a certain proportion of non-commissioned officers and men of regiments serving in the Colonies, to accept their discharge, with a view to their being appointed as Policemen, or to other offices of trust under the Governor, I am directed to request that you will inform His Lordship that, in concurrence with His Boyal Highness the Field Marshal Commanding in Chief, it is tho opinion of Mr. Cardwell that the men to whom free discharges might be given for this purpose, should be those who are within two years of completing the first term of service, and are desirous of remaining in the Colony after the return of their regiment to this country. Mr. Cardwell considers it desirable, however, that no inducements should be held out to soldiers to give up their service in the army except for employment of a permanent nature and of a sufficiently remunerative character. I have, &c, The Under Secretary of State, Colonial Office. Edwaed Lugaed.