A.—NO. 1.
FURTHER DESPATCHES FROM HIS EXCELLENCY THE GOVERNOR OF NEW ZEALAND TO THE RIGHT HON. THE SECRETARY OF STATE FOR THE COLONIES.
(In continuation of Papers presented \Mli June, 1870.)
PRESENTED TO BOTH HOUSES OF THE GENERAL ASSEMBLY, BY COMMAND OF HIS EXCELLENCY.
WELLINGTON.
1871.
A.—No. 1
SCHEDULE OF DESPATCHES FROM THE GOVERNOR OF NEW ZEALAND TO THE SECRETARY OF STATE.
Date and Number. Subject. ! 1 May, 1870 (No. 47.) Reporting the further progress of events in New Zealand, and the Governor's tour in the Northern Districts 1 26 May, 1870 (No. 51.) Transmitting Report of the Governor's official visit to the Northern tribes in April and May, 1870 2 20 June, 1870 (No. 60.) Transmitting copies of the Speech delivered, and of the Addresses of both Houses in Reply, at the opening of the Session of 1870 6 21 June, 1870 (No. 61.) . Reporting the appointment of Mr. Henry Sewell as Minister of Justice 6 22 June, 1870 (No. 62.) Transmitting a Petition to the Secretary of State for War from certain discharged soldiers in New Zealand 6 24 June, 1870 (No. 64.) Transmitting a Ministerial Memorandum respecting Earl Granville's Despatch No. 35 of 1870 7 26 June, 1870 (No. 66.) Reporting the Presentation of the Swords of Honor sent out for certain Maori Chiefs 1 27 June, 1870 (No. 67.) Transmitting " Summary of the Trades and Shipping Returns for 18G9 " 9 28 June, 1870 (No. 68.) Transmitting Returns as requested by the Meteorological Department 9 10 30 June, 1870 (No. 70.) Transmitting certain Correspondence and a Ministerial Memorandum respecting the importation of labourers from the South Sea Islands 9 11 30 June, 1870 (No. 71.) Respecting the claim of New Zealand on account of expenses incurred for the maintenance of Military Prisoners in the Colonial Gaols 11 12 30 June, 1870 (No. 72.) Respecting the proposed contributions toward the maintenance of the Settlement at Somerset, in Queensland 11 13 1 July, 1870 (No. 73.) Respecting the Circular of 14th February, 1870, concerning emigration 11 11 1 July, 1870 (No. 74.) Respecting the Census ... 12 15 1 July, 1870 (No. 75.) Transmitting the Financial Statement delivered by the Colonial Treasurer on June 28th, 1870 12 16 1 July, 1870 (No. 76.) Acknowledging the receipt of Earl Granville's Telegram of 14th May, 1870, respecting the proposed Guarantee of a Loan 13 17 2 July, 1870 (No. 77.) Transmitting certain Parliamentary Papers laid before the New Zealand Legislature 18 is 2 July, 1870 (No. 78.) Transmitting a Letter addressed to the Queen by Parakaia te Pouepa ... it 19 3 July, 1870 (No. 79.) Respecting the general progress of events in New Zealand during the past month 16 20 18 July, 1870 (No. 81.) Respecting the Crimean and Turkish Medals sent to Captain (lato Cornet) Angus Smith ... 17 21 21 July, 1870 (No. 84.) Transmitting the Agricultural Statistics of New Zealand for February, 1870 17 82 26 July, 1870 (No. 89.) Respecting the murder of Mr. John Lyons 17 23 27 July, 1870 (No. 90.) Transmitting the 2nd Volume of the Transactions of the New Zealand Institute, with a copy of the Anniversary Address by the Governor, as President 18 84 28 July, 1870 (No. 91.) Respecting the Hauhau Prisoners recently tried at Wellington 18 25 29 July, 1870 (No. 92.) Transmitting a Ministerial Memorandum respecting proposed facilities for the receipt and transmission of telegrams to and from the Mother Country 21 86 30 July, 1870 (No. 93.) Transmitting a Ministerial Memorandum respecting the defaced silver coin now circulating in New Zealand 22 31 July, 1870 (No. 94.) Transmitting certain Official Correspondence respecting a pamphlet recently published by Mr. FitzGerald 81 27
A.—No. 1
SCHEDULE OF DESPATCHES FROM THE GOVERNOR OF NEW ZEALAND— continued.
Bate and Number. Subject. I 28 1 August, 1870 (No. 95.) Transmitting a Ministerial Memorandum and certain Resolutions of the Legislative Council respecting the relations between New Zealand and the Imperial Government 29 3 August, 1870 (No. 97.) Transmitting a Ministerial Memoranda and Official Papers showing the progress of events in New Zealand during the past month 21 30 20 August, 1870 (No. 101.) Respecting the recent visit of H.M.S. " Blanche " to the Auckland Islands 20 31 81 August, 1870 (No. 102.) Respecting the visit of H.M.S. " Rosario " to the Bounty Islands 27 32 24 August, 1870 (No. 104.) Respecting the general progress of events in New Zealand ... 20 89 30 August, 1870 (No. 105.) Transmitting a Ministerial Memorandum respecting the maintenance of Naval and Military Prisoners in the Colonial Gaols SO 34 31 August, 1870 (No. 100.) Transmitting Report of the Board appointed to report upon the Longitude of Wellington and of other parts of New Zealand in relation to the Initial Longitude of Wellington 30 86 3 Sept., 1870 (No. 107.) Respecting the arrival in New Zealand of His Royal Highness the Duke of Edinburgh, K.G., and of Captain Stirling, R.N., the new Commodore of the Australian Station, and the approaching departure of Commodore Lambert 80 30 3 Sept. 1870 (No. 108.) Respecting the general progress of events in New Zealand; forwarding also several Parliamentary Papers 31 37 3 Sept., 1870 (No. 109.) Respecting the new Graving Dock at Port Chalmers, in New Zealand ... 32 3S 4 Sept., 1870 (No. 110.) Respecting the title of " Honorable " conferred, within certain limits, on Colonial Ministers after their resignation of office 32 89 5 Sept., 1870 (No. 111.) Transmitting Statistical Tables for 1869 ... 86 17 Sept., 1870 (No. 114.) Acknowledging the receipt of the announcement of the Earl of Kiniberley's accession to the Colonial Office 33 41 18 Sept., 1870 (No. 115.) Transmitting two Sketch Maps of the North Island of New Zealand, showing the Native tribal boundaries, topographical features, &c. 35 12 19 Sept., 1870 (No. 116.) Transmitting copies of the Speech delivered at the Prorogation of the Session for 1870, with remarks 86 20 Sept., 1870 (No. 117.) Respecting the Draft of a proposed Bill for amending the Law relating to the Extradition of Criminals 86 41 21 Sept., 1870 (No. 118.) Respecting the appointment of an Hawaiian Consul at Auckland 37 43 23 Sept., 1870 (No. 120.) Respecting the Draft of a proposed Bill on Copyright 37 M 23 Sept., 1870 (No. 121.) Transmitting ;i Ministerial Memorandum, and a draft for £5,000 in part payment of the contribution due from New Zealand on account of the Mail Packet Service via Suez VI ■17 21 Sept., 1870 (No. 122.) Transmitting a Ministerial Memorandum on the position of New Zealand in case of Great Britain being involved in War with any Foreign Power 38 24 Sept., 1870 (No. 123.) Transmitting a Ministerial Memorandum on the present aspect of Native Affairs, and respecting the support which can be afforded by the Royal Navy, in conformity with Earl Granville's Despatches of 15th July, 1869, and ICth June, 1870. (No. 62.) ■10 ■111 25 Sept., 1870 (No. 125.) Transmitting a Ministerial Memorandum respecting the amount due from the War Office on account of Military Prisoners in New Zealand 12 50 26 Sept., 1870 (No. 126.) Transmitting the Acts of the New Zealand Parliament, passed in 1870 ... 51 26 Sept., 1870 (No. 127.) Transmitting "Protests" of seven Members of the Legislative Council against " The Immigration and Public Works Bill, 1870 " 47 52 27 Sept., 1870 (No. 128.) Transmitting " The Colonial Reciprocity Bill, 1870," reserved for the signification of Her Majesty's pleasure ■IS 53 27 Sept., 1870 (No. 129.) Transmitting the proposed design for the New Zealand Cross 51 6 Oct., 1870 (No. 130.) Respecting the stato of affairs at Taranaki; the Governor's visit to that Province ; and his arrival at Auckland ; with some general remarks ■i!) 55 7 Oct., 1870 (No. 131.) Reporting the visit to New Zealand of the United States war steamer " Resaca " 51 50 7 Oct., 1870 (No. 132.) Transmitting a Ministerial Memorandum respecting a proposed Convention with the United States of America for the carriage of Mails between that country and New Zealand 32
A.—No. 1,
SCHEDULE OF DESPATCHES FROM THE GOVERNOR OF NEW ZEALAND— continued.
.si JZJIB Date and Number. Subject. ! 57 7 Oct., 1870 (No. 133.) Transmitting a Ministerial Memorandum respecting a proposed Submarine lino of Telegraph between New Zealand and Australia 52 68 7 Oct., 1870 (No. 134.) Respecting the payment of Pensioners in New Zealand, and the collection of Rents for Guano Islands from residents is this Colony 53 59 7 Oct., 1870 (No. 135.) Transmitting a Memorandum from Mr. Domett respecting the Land Registry system ns partially brought into operation in New Zealand 54 60 13 Oct., 1870 (No. 13G.) Transmitting a Report from the Attorney-General with reference to Lord Granvillo's Despatch No. 64 of 1870 61 18 Oct., 1870 (No. 140.) Respecting the use of the Union Jack 55 62 23 Oct., 1870 (No. 142.) Respecting a proposed contribution from the French Colony of New Caledonia towards the Postal Service via San Francisco M 63 84 Oct., 1870 (No. 143.) Respecting an application for the good offices of the British Minister at Washington in favour of an Agent of the New Zealand Government while arranging postal matters, &c, with the Government of the United States 57 64 1 Nov., 1870 (No. 145.) Transmitting a Letter addressed to the Secretary of State for the Colonies by Mr. J. C. Firth, of Auckland, with other documents 57 66 ] 3 Nov., 1870 (No. 146.) Respecting Albert Victor Pomare 58 86 6 Nov., 1870 (No. 147.) Respecting tho general progress of events in New Zealand during the past month 59 87 7 Nov., 1870 (No. 148.) Respecting tho Laws in force as to Trespass and the Preservation of Game ; in reply to Circular Despatch of the 2nd August, 1870 59 68 1 Dec, 1870 (No. 150.) Respecting the Mail Service via San Francisco (JO n 6 Dec, 1870 (No. 151.) Respecting the Governor's visit to Whangarei, and the progress of events during the month ending 6th December, 1870 ■ 70 7 Dec, 1870 (No. 153.) Transmitting a Ministerial Memorandum respecting the constitution of the Supreme Court of New Zealand 61 71 10 Dec, 1870 (No. 154.) Reporting the arrival at Auckland of His Royal Highness the Duke of Edinburgh, K.G.... r,2 72 22 Dec, 1870 (No. 156.) Transmitting a Petition from Mrs. Holland to Field-Marshal His Royal Highness the Duke of Cambridge SB 7.-5 23 Dec, 1870 (No. 157.) Transmitting the Blue Book or Statistics of New Zealand for 1869 G3 71 24 Dec, 1870 (No. 158.) Respecting the death of Te Puni, the chief of tho clan of the NgatiawaB 88 n 26 Dec, 1870 (No. 159.) Respecting the visit of His Royal Highness the Duke of Kdinburgh and of the Governor to the Hot Lakes and the Country of the Arawas 64 78 31 Dec, 1870 (No. 160.) Transmitting a Ministerial Memorandum seeking information respecting Manilla hemp ... 68 77 3 Jan., 1871 (No. 2.) Transmitting Ministerial Memoranda recommending the Hon. Juliu3 Vogel to the good offices of Her Majesty's Government or, 78 5 Jan., 1871 (No. 4.) Transmitting a further Ministerial Memorandum respecting the position of New Zealand in the event of Great Britain being involved in war with any foreign nation 87 7i' 6 Jan., 1871 (No. 5.) Respecting tho general progress of events in New Zealand during the month endmg on the 6th January, 1871 88 80 7 Jan., 1871 (No. 6.) Reporting tho Dissolution of the Parliament of New Zealand ... ... ,., GO 81 10 Jan., 1871 (No, 7.) Transmitting copies of the Judgment of the Native Lands Court in the Kauwaeranga case, i.e., in the case of the foreshore at the Thames Gold Field 70 H2 18 Jan., 1871 (No. 8.) Respecting the final departure from Auckland of Captain His Royal Highness the Duke of Edinburgh, K.G., in H.M.S. " Galatea " 70 88 31 Jan., 1871 (No. 10.) Transmitting Progress Report of the Flax Commissioners ... 71 81 1 Feb., 1871 (No. 12.) Respecting the Census of New Zealand ... 71 2 Feb., 1871 (No. 13.) Respecting the general progress of events in New Zealand during tho mouth ending on tho 2nd February, 1871 72
A—No. I
No. 1. Copy' of a DESPATCH from Governor Sir G. F. Bowex, G.C.M.G., to the Right Hon. Earl Granville, K.G. (No. 47.) My Lord, — Bay of Islands, New Zealand, Ist May, 1870. I have the honor to address your Lordship, by this month's mail via San Francisco, from the Bay of Islands, as I am engaged in an official tour of visits to the Maori tribes of the North. lam accompanied by Sir George Arney, the Chief Justice of New Zealand, by Mr. McLean, the Minister for Defence and Native Affairs, by Lieut.-Colonel the Hon. C. E. Edgecumbe, of the Grenadier Guards (who is now on a visit to this Colony), and by other gentlemen. 2. I have been everywhere received in the most cordial manner, and with expressions of devoted loyalty to the Queen, and of good-will to the English settlers, by all the Northern tribes, —both by the chiefs who fought for, and by those who fought against the Crown in the first Maori war. By the earliest opportunity after my return to Auckland, I will transmit full reports of the speeches of the principal chiefs at the koreros, or public meetings, of the several tribes held to welcome me, and detailed information respecting the present condition of the northern portion of this Island. 3. With regard to the general progress of events in New Zealand, I am happy to be able to confirm the favourable intelligence forwarded in the postscript to my Despatch No. 38, of the Ist April ultimo. Majors Kemp and Ropata, at the head of their Wanganuis and Ngatiporous, have recaptured the friendly Maoris taken by Te Kooti in his raid on Opape. They have also, in the late action at Maraetai, killed and taken nearly one hundred (100) of the rebels. After a preliminary examination before the Civil Magistrate of the district, thirty-two (32) of the prisoners,—against whom there is strong evidence of active complicity in coldblooded murders of English settlers or of loyal Maoris, and in others of Te Kooti's atrocities,—have been committed for trial before the Supreme Court at Wellington. 4. I shall shortly repair to Wellington for the annual Session of the New Zealand Parliament, which will begin this year on the 14th June. I have, &c, The Right Hon. Earl Granville, K.G. G. F. BOWEN.
No. 2.
Copy of a DESPATCH from Governor Sir G. F. Bowen, G.C.M.G., to the Right Hon. Earl Granville, K.G. (No. 51.) Government House, Auckland, My Lord, — New Zealand, 26th May, 1870. In continuation of my Despatch No. 47, of the Ist instant, I have the honor to transmit herewith a brief but accurate summary of my recent official visit to the great Maori clans of the North, viz., the Ngapuhis and the ltarawas. This account was written by a professional reporter, connected with the Colonial Press, who took down in shorthand the substance of the speeches delivered by myself and by Mr. McLean (the Minister for Native Affairs), as also by the principal chiefs at the koreros, or general assemblies, of their tribes, held to welcome me. 2. It will be observed that the Maoris appeared highly pleased at seeing the Representative of the Queen visiting their kaingas, or villages; and that I was
Vide Appendix to Journals 11. of R., 1870, A.—No. 7.
DESPATCHES FROM THE GOVERNOR OF NEW ZEALAND TO THE SECRETARY OF STATE.
A.—No.
1.
SCHEDULE OF DESPATCHES FROM THE GOVERNOR OF NEW ZEALAND— continued.
Date and Number. Subject. i SG 2 Feb., 1871 (No. 14.) Transmitting the opinion of the Attorney-General of Nen- Zealand on the legal question raised in the concluding paragraph of the Despatch from the Colonial Office, No. 121 of 1869 73 87 3 Feb., 1871 (No. 16.) Reporting the appointment of Dr. Featherston as Agent-General for New Zealand in England 73 3 Feb., 1871 (No. 19.) Eespecting the Naval Cadetsliip falling to New Zealand in 1871 74 18 Feb., 1871 (No. 20.) Respecting the Governor's visit, in H.M.S. " Clio," to the West Coast of the Middle Island of New Zealand 74 89 90 10 March, 1871 (No. 21.) Respecting the Governor's official visit to the Province of Otago. H.M.S. "Clio" proceeds to Sydney to be docked 78 91 13 March, 1871 (No. 22.) Transmitting copies of printed Correspondence respecting the cass Regina v. Barton 78 92 15 March, 1871 (No. 25.) Transmitting a Memorandum from the Postmaster-General of New Zealand 81 93 18 March, 1871 (No. 26.) Transmitting a Ministerial Memorandum from the Hon. W. Gisborne, Colonial Secretary, respecting tho case Regina v. Barton 84 23 March, 1871 (No. 28.) Continuation of the Report, of the Governor's official tour in the Province of Otago 83 95 24 March, 1871 (No. 29.) Respecting the result of the General Election, and the general progress of affairs in New Zealand during the past two months 80 SG 10 April, 1871 (No. 31.) Continuation of the Report of the GoTerner's official tour in the Provinces of Canterbury and Otago 84 97 23 April, 1871 (No. 34.) Transmitting a Ministerial Memorandum, and also copies of the new Postal Contract for the Mails via San Francisco 85 91 24 April, 1871 (No. 35.) Transmitting the thanks of the Government of New Zealand for the application made to the French Government relative to a proposed contribution from the French Colony of New Caledonia towards the Mail Packet Servico via San Francisco 86 25 April, 1871 (No. 37.) Continuation of tho Governor's official tour —Visit to Westliuul 86 99 100 25 April, 1871 (No. 38.) Transmitting a further Ministerial Memorandum, and tho opinion of the Attorney-General respecting the case Regina r. Barton 90 101 1 May, 1871 (No. 39.) Respecting the importance of the presence of at least ono of Her Majesty's ships in New Zealand 94 102 2 May, 1871 (No'. 40.) Respecting the prohibition of the export of Arms, with reference to the Circular Despatch of 1st December, 1870 97 103 5 May, 1871 (No". 42.) Transmitting two Ministerial Memoranda, with enclosures, relativo to certain lands and buildings at Mount Cook Barracks, at Wellington, and the Albert Barracks, at Auckland 98 10-1 8 May, 1871 (No. 43.) Respecting the new Mail Service ria San Francisco. Public luncheon given at Auckland to the officers of tho " Nevada " 99 105 12 May, 1871 (No. 44.) Respecting the New Zealand War Medal ... 100 106 20 May, 1871 (No. 45.) Respecting Native Affairs. Transmitting, with remarks, a Report on the Roads in the North Island in course of construction by Native labour 100 107 10 June, 1871 (No. 49.) Reporting the Progreas and Present Condition of the Province of Auckland 103 108 5 July, 1871 (No. 54.) Transmitting a Ministerial Memorandum respecting certain English Convicts sent from Western Australia to New Zealand 106 109 6 July, 1871 (No. 55.) Transmitting two Ministerial Memoranda respecting the defences of New Zealand against possible attack by a foreign enemy 111 110 12 July, 1871 (No. 58.) Transmitting further Correspondence with Commodore Stirling respecting the importance of the presence of at least one of Her Majesty's ships in New Zealand 113 111 4 Aug., 1871 (No. 63.) Return to Wellington from Auckland. Tho new Government House at Wellington 114 11 Aug., 1871 (No. 60.) Transmitting the Official Return of the Quantity and Value of tho Gold exported from New Zealand, up to 30th June, 1871 115 112
A.—No. 1
2
DESPATCHES PROM THE GOVERNOR OF
everywhere received by them with much enthusiasm, and with strong and repeated assurances of their loyalty to the Crown, and of their good-will towards their British fellow-subjects. These feelings were expressed with equal Avarmth by the chiefs who fought against the English in the first Maori-war (1845-8), and by Tamati "Waka Nene and the other chiefs whose influence induced their countrymen to cede the sovereignty of New Zealand to the Queen by the Treaty of Waitangi, in 1840, and who have since supported Her Majesty's authority against their disaffected countrymen with constant devotion and gallantry. Cavalcades of mounted chiefs met and escorted me through each district; while, on my arrival at each kainga, I was received by the assembled clansmen with shouts and chants of welcome, and with the striking war dances of the Maoris, their traditional equivalent for military guards of honor. 3. The Statistics of ISTew Zealand for 1867* show that when the last census was taken in the December of that year, the population of the long, narrow peninsula which stretches north of the City of Auckland was estimated to consist of nine thousand nine hundred and thirty-four (9,934) Europeans, and nine thousand two hundred and seventy-four (9,274) Maoris. There has been little change during the past two years in the relative proportion of the two races in this part of the Colony. It is to be borne in mind, however, that the Europeans are chiefly settled in the country of the Ngatiwhatuas, that is, in the southern half of the peninsula; while in the country of the Ngapuhis and of the Rarawas, that is, in the northern half of the peninsula (comprising the districts of the Bay of Islands, Hokianga, and Mongonui), the Maoris are still by far the most numerous. In these last named districts they probably outnumber the Europeans, in the aggregate, by four to one ; while in the extensive region watered by the Hokianga River and its tributaries, it is estimated that there are now fully two thousand (2,000) Natives and only one hundred (100) Europeans. Under these circumstances, it is not to be denied that, in the phrase addressed to me by one of the principal settlers in the North, " the English there are living under the Maori tomahawk ;" for their few and scattered homesteads are entirely at the mercy of the populous kaingas and pas (Native villages and forts) in their neighbourhood. However, notwithstanding—indeed partly (perhaps) in consequence of the weakness of the Colonists in this quarter, — perfect mutual confidence and good-will exist between them and the Maoris. It will be remembered that the first Maori war was waged with a portion of the Ngapulii clan under the chiefs Ilekef and Kawiti; while the remainder of that tribe, under Tamati "YVaka Nene, fought in support of the sovereignty of the Queen and in alliance with the English troops. Even during that war the settlers were never molested by the hostile section of the Ngapuhis, who indeed prided themselves on carrying on the contest in a most chivalrous manner. It has been often repeated, for instance, how, when Heke captured a convoy of cattle on its way to the English camp, he not only allowed it to proceed, but actually sent some of his warriors to assist in driving the sheep and oxen through a difficult pass in the hills, observing that he knew that English soldiers could not live, like Maoris, on yams and fern-root; —that they could not fight unless they were well fed on beef and mutton ; and that he had no wish to take them at a disadvantage ; for, in that case, their defeat would reflect no honor on his arms. 4. A main cause of the friendly feelings existing between the Natives and the Colonists in the North is, doubtless, the fact that several of the leading settlers in early times, gentlemen of character and education, married the daughters of Maori chiefs; and that their children are now regarded as adopted members of their mother's tribe, and thus entitled to its respect and protection. Again, a powerful influence has been exercised by the families of some of the early missionaries, born in the northern districts, and intimately acquainted with the language and the customs of the people among whom they have lived from their childhood. The result of these combining influences is shown by the language of * In the Library of tbe Colonial Office. Any good map of New Zealand will show all the plaoeß referred to in this Despatch. t Heke has been dead for many years, but I was hospitably entertained at a feast given in my honor by his widow, tho daughter of Hongi; who, in right both of her father and her husband, is regarded by the Ngapuhis as a great ehieftainess. The elder Kawiti is also dead, but his son, Maehe Kawiti, who fought against the English in the first war, and lost tw» brothers in action with our troops, came to welcome me and Mr. McLean, and afterwards returned with us to Auckland.
A.—No. 1.
NEW ZEALAND TO THE SECRETARY OP STATE.
3
See Enclosure.
Ses Enclosure.
the address presented to me by the English settlers, and by the speeches of the Maori chiefs. 5. The settlers said : — " May it please your Excellency,—We, the European " inhabitants of the Waimate and its vicinity, beg to offer you a cordial welcome "to our district. Most of us are sons of the soil, few of whom have seen our " fatherland ; but we assure your Excellency that we glory in being an integral " part of the British nation ; while in attachment to the Throne and person of our " gracious Sovereign, and in veneration for the British Constitution, we yield to " none of Her Majesty's subjects. " Your Excellency will be pleased to learn that from our earliest days we " have always lived with our fellow subjects of the Maori race on terms of perfect " amity. We gladly avail ourselves of this opportunity of bearing testimony to " their loyalty to Her Majesty's Government; and we have every confidence that " it will be maintained." 6. On the other hand, it will be seen that the speeches of the Maori chiefs of the North were full of assurances of their devoted loyalty to the Queen ; of their affection for their Eriropean neighbours ; and of their obedience to the law. It is a significant fact that the only two petitions which they made to me were : (1.) That towns should be founded in their districts, so that more Europeans might come to live among them, and trade with them; and (2) that gaols should be built in the North, " for the punishment of the evil doers of both races." The Resident Magistrates find small difficulty in carrying out the law, in this part of the Island, though they have no armed force at their disposal, and could do little without the support of the Native chiefs. Mohi Tawhai (the principal chief of Hokianga) welcomed me in the following terms on my arrival at his river:—- --" Welcome, O Governor ! Behold your canoe now floating in the waters of " Hokianga.* It is not now only that we have joined the Queen. We were " devoted to her in former years, and still remain so. Welcome, O Governor! and " bring peace to us your children, that your laws may be a garment to spread over " us, and that we may live under the shelter of your laws." The other chiefs everywhere spoke to the same effect; and their sentiments may be said to be summed up by Tiopira in the following terms :—" Welcome, O Governor ! in " times of peace and. quietness. I have only one word for you: Love, Love, Love. " All we want is peace and good-will There is nothing we desire " but that we should be all as one with the Europeans and the Government. " Salutations to you, O Governor ! " 7. That these professions are sincere has been abundantly proved by those of the northern Maoris who have so freely shed their blood for the Queen, and without whose support the English (in all probability) could hardly have held their ground in New Zealand during the first Maori war. And there are two eminently suggestive facts to record with respect to the altered feelings of those who fought against the Crown in that contest: (a.) It will be remembered that the object of the first Maori war (1845-8), (as also, indeed, mainly of the second war which began in I860,) was to dispute the sovereignty of the Queen as recognized by the Treaty of Waitangi. Heke and Kawiti, at the head of a portion of the Ngapuhis, commenced the first war by cutting down the flagstaff at Kororareka in the Bay of Islands, for they regarded it as the symbol of the supremacy of the Crown. At the conclusion of the hostilities in the North it was not thought prudent (as I am informed) to replace this flagstaff; but a few years ago, Maihi Kawiti and others of our old enemies spontaneously re-erected it at their own expense and with their own labour; at the same time tendering to the Government a large grant of their land as a sign of permanent peace and good-will. (b.) When I visited, during my recent tour, the pa at Ohaiawai, in the attack on which, in July, 1845, the British troopsf suffered a severe repulse, with heavy loss both in officers and men, I was much gratified to find that the Maoris who then fought against us had voluntarily and entirely at their own cost erected a pretty
* The Maori form of placing a river at the disposal of the Governor. t Consisting of detachments of the 58th, 96th, and 99th Eegiments, and of seamen and marines from the men-of-war on the coast. An excellent account of the first Maori war, based on the Parliamentary Papers and official records, will be found in chapters 8 and 9 of Dr. Thompson's " Story of New Zealand," published in London, 1859.
DESPATCHES FROM THE GOVERNOR OF
A.—No. 1
4
See Enclosure. Published by Smith and Elder, London, 1863.
church among the now decayed palisades and rifle-pits; and that they had reserved the whole of the once fortified area as a cemetery, the Natives who fell during the struggle having already been interred therein. When the Bishop of Auckland shall have consecrated this new burial-ground, the Maoris intend to remove into it the remains of our soldiers who now lie in unmarked graves in the neighbouring forest, and to erect a monument over them ; so that (as an aged chief, formerly conspicuous among our enemies, said to me) " the brave warriors of both races, the 11 white skin and the brown, —now that all strife between them is forgotten, —may " sleep side by side until the end of the world." I question if there be a more touching episode in the annals of the warfare of even civilized nations in either ancient or modern times. 8. It is, of course, well known that the Ngapuhis have always been the most powerful tribe in New Zealand, and that, about forty-five years ago, under their chief, Hongi Hika (who had been to England to request George IV. to assume the protectorate of New Zealand, and had been graciously received there,) they invaded and overran the country of the Waikatos, whom they defeated with great slaughter. Both in their public speeches at the koreros, and in their more private conferences with myself and Mr. McLean, the leading Ngapuhi chiefs condemned in emphatic language the conduct of the " King of the Waikatos " (as they somewhat contemptuously style Tawhiao) in renouncing Ins allegiance to the Queen, and in virtually relapsing into heathenism by his adoption of the Hauhau creed. The general sentiment was explained in one of the speeches reported in the enclosure, that of Mihaka Pehirere:—" Welcome, O Governor ! I rise to tell you *' that myself and my tribe are attached to the Queen and to the Government. I " wish you to have no doubts respecting our loyalty. Other tribes will speak for " themselves. I speak on behalf of my own tribe. Do not suppose that I " sympathize in any way with the Waikato king. What has he done for me ? " Nothing at all. We are of one skin and of one blood, but our thoughts differ. " The ancient trees of the forest" (alluding to the chiefs of former days) " have dis- " appeared ; we are a young people, growing up in their stead. From my youth "up I have experienced nothing but kindness from the Queen." (The chief here takes from his pocket a sovereign.) " I hold in my hand the image of the Queen. " It was this inci'eased my civilization, and supplied me with food and clothing. " Had it not been for this {i.e., for the progress of civilization under the " sovereignty of the Queen,) I should have no food nor clothing. Why, then, should " I recognize the Waikato king, or sympathize with him ? I adhere to the law " of the Queen." 9. At the same time, the Ngapuhis signified their entire concurrence with the policy shadowed forth in several of my Despatches, and adopted by the Colonial Government; i.e., "to make a peaceful arrangement, not inconsistent loilh the " sovereignty of the Queen," with Tawhiao and his adherents; and to leave him undisturbed so long as he confines himself to his own immediate territory. While the Ngapuhis are willing to give their mediation and good offices (if requested by the Colonial Government) to maintain tranquillity, they assured me and Mr. McLean that if Tawhiao and his Waikatos should hereafter attack the English settlements, " the only feeling of the Ngapuhis, in the event of such " violation of peace, would be to go in a body, and fight on behalf of the " Government." 10. Mr. Maning (the author of " Old New Zealand," and now one of the Judges of the Native Land Court), who has lived among the Ngapuhis for forty years (since 1830), assures me that they could still bring into the field "fully two " thousand picked warriors." In his opinion, the Ngapuhis, unlike the rest of the Maoris, are not materially decreasing in numbers. He thinks, indeed, that, in the district of Hokianga, they have positively increased of late years. He ascribes this satisfactory result mainly to their improved and civilized habits of life; and to their general use of good food and clothing, which the sale of their timber, flax, and kauri gum enables them to procure from the English traders settled among them. Moreover, several of the leading chiefs make strenuous efforts to prevent the spread of indulgence in spiritous liquors and of other vices, which have everywhere proved fatal to savage or semi-civilized races.
NEW ZEALAND TO THE SECRETARY OF STATE.
5
A.—No. 1.
See Dr. Thompson's " New Zealand," Part 111., chapter 2. Colonels Wynyard and Hulme. See Enclosure.
11. It will be interesting to all persons acquainted with the history of New Zealand to learn that the Ngapnhi chief, Tamati Waka Nene, to whom British colonization in this country owes so much, is still sound in mind, though rather feeble in body, for his age cannot be less than between eighty and ninety years. He was an elderly man in 1810, when his influence mainly carried the Treaty of Waitangi in favour of the British Crown. He is now at Auckland, together with- several others of the Northern chiefs, who have come to return my recent visit to their tribes. He dined at the Government House this day, when he gave me much interesting information respecting the state of this part of the Island some forty years ago, when he waged war with the Waikatos on the lands now covered with nourishing English settlements. He speaks with grateful emotion of the silver goblet presented to him several years ago by the Queen, in recognition of his services to the British Crown. As he has survived his own children, he has bequeathed it as an heirloom to the family of the late Mr. Russell, a respectable settler at Hokianga, who married his niece, and there it will be carefully preserved. The best writer who has hitherto compiled the annals of New Zealand remarks that, as many noble Spanish houses in Peru and Mexico boast of their descent from the Incas and from Montezuma; and as many leading families in Virginia are proud of the connection of their ancestors with Pocahontas and the Red Indians of a former age; so the time may yet come when the descendants of some of the first English settlers in this country will be proud of having in their veins the blood of Tamati Waka Nene, and of other Maori chieftains and warriors who were the loyal friends and brave allies of their forefathers. 12. I may here mention that the leading chiefs of the North, together with their wives, attended the ball which I gave at the Government House on the 24th instant in honor of Her Majesty's birthday. On that occasion, Maihi Kawiti and others of our former enemies were observed sitting by the side of the near relatives of the colonels who commanded the 58th and 96th Regiments in the first Maori' war, and in friendly conversation with several retired officers of those corps, who ' have settled in the Colony. 13. On the whole, —so far as any certainty can be said to exist respecting a country circumstanced as is New Zealand, and respecting such a race as the Maoris, —the Colonial authorities feel a confident assurance that permanent tranquillity will be maintained in the North, and that they may rely not only on the friendship, but also, in case of urgent need, on the active support of the Ngapuhis, the most powerful Native tribe. Mr. McLean, Mr. Eenton, Mr. Maning, and all those best acquainted with the Maoris, believe that my visits to the principal clans have produced a good effect, and that the general sentiments of the Natives were truly expressed in the waiata, or chant of Avelcome, with which I was received at Hokianga, and of which a translation will be found in the enclosed report :—" Lo ! now the Governor has at length arrived. My heart has longed to " see him, —whom our tribes, far and near, have united to acknowledge and recog- " nize in terms of friendship and love. Welcome, O Governor ! .... In " days gone by, the laws of God and the laws of the Queen stood side by side. 11 Under the shadow of those laws our tribes take sweet repose, free from danger " and surprise. Now, at length the Governor has appeared. We see him in 11 person. We speak with him face to face. Now, O Governor ! this your " presence at Hokianga will be the means of cementing in one bond of unity and " fellowship, the tribes of the Pakeha and the tribes of the Maori, so that they " shall henceforth live together in peace and friendship under one law and under " one Governor." I have, &c, The Right Hon. Earl Granville, K.G. G. F. BOWEN. 2
A.—No. 1.
6
DESPATCHES FROM THE GOVERNOR OF
Enclosure 1. Speech. See Journals of the L.C.andH. ofR., 1870, p. 4. Enclosure 2. Address of Legislative Council. See Journals of theL.C.,1870,p.5. Enclosure 3. Address of House of Representatives See Journals of the H. of R,, p. 7, 1870. Governor of N.Z. to Sec. of State, No. 77, of July 1, 1869.
Enclosure 1.
No. 3. Copy of a DESPATCH from Governor Sir G. F. Bowen, G.C.M.G., to the Right Hon. Earl Granville, K.G. (No. 60.) Government House, Wellington, My Lord, — New Zealand, 20th June, 1870. I have the honor to transmit herewith copies of the Speech with which, by the advice of my Ministers, I opened, on the' 14th instant, the Session for , 1870 of the New Zealand Parliament. I annex copies of the Addresses in Reply presented to me by the Legislative Council and by the House of Representatives . respectively. 2. There will be transmitted by every mail, as during the Session of last , year, copies of the New Zealand Hansard, in which (as I have previously intimated) will be found corrected reports of the Debates in the Colonial ! Parliament; full discussions, from every possible point of view, of the condition and prospects of this Colony; and the opinions of the present and of former 1 Ministers, and of the other leading men of all parties. Printed copies of the Papers laid by the Colonial Government before Parliament (many of which contain valuable and interesting information), and the principal newspapers published in New Zealand, will also continue to be forwarded, as hitherto, by every monthly mail. I have, &c, The Right Hon. Earl Granville, K.G. G. P. BOWEN.
No. 4. Copy of a DESPATCH from Governor Sir G. F. Bowex, G.C.M.G., to the Right Hon. Earl Granville, K.G. (No. 61.) Government House, Wellington, My Lord, — New Zealand, 21st June, 1870. I have the honor to report that Mr. Henry Sewell has joined the present Ministry as Minister of Justice ; an office and title for which there are precedents in Victoria and (as I am informed) elsewhere. The Attorney-General of New Zealand is, at present, a permanent official, without a seat in the Legislature ; and in the opinion of my Constitutional Advisers, it is desirable to have a lawyer by profession as Responsible Minister at the head of the Legal and Judicial Departments, to explain and defend in Parliament the measures of the Government, especially those affecting the above mentioned departments. 2. Mr. Sewell took the usual oaths as a Member of the Executive Council on the loth instant. He has recently returned from a prolouged visit to England; but, as your Lordship is doubtless already aware, he was among the principal founders of Canterbury, and was afterwards an influential Member of the Ministry formed by Mr. Weld, and of other Colonial administrations. I have, &c, The Right Hon. Earl Granville, K.G. G. F. BOWEN.
No. 5. Copy of a DESPATCH from Governor Sir G. F. Bowen, G.C.M.G., to the Right Hon. Earl Granville, K.G. (No. 62.) Government House, Wellington, My Lord, — New Zealand, 22nd June, 1870. I have been requested to transmit, in pursuance of the Colonial Regulations, the enclosed Petition addressed to the Secretary of State for War by certain discharged soldiers settled in the Province of Taranaki, in New Zealand, and praying for " the gratuity allowed to discharged soldiers by Her Majesty's " Regulations in the Soldiers' Account Book, at page 7." 2. I have no means of ascertaining here how far the Petitioners are entitled to the gratuity 'which they claim by the existing Regulations of the War Office ;
NEW ZEALAND TO THE SECRETARY OF STATE.
7
A.—No. 1.
Enclosure 2. Superintendent of Taranali to Sec. of State for War.
Memo, by Mr. Pox June 11, 1870. See Pari. Papers, 1870, A.—No. 10.
Extract from N.Z. Advertiser, June 21, 1870.
"but it will be observed from the annexed letter addressed to the Secretary of State for War by the Superintendent of Taranaki, that the Provincial authorities strongly recommend this case to favourable consideration, seeing that " where, in any " way practicable, many of the men have done their utmost to clear and cultivate " their land under circumstances of great cost, severe hardship, labour, and " discouragement, and even loss of life." I have, &c, The Right Hon. Earl Granville, K.G. G. F. BOWEN. Enclosure in No. 5. [This Enclosure was sent Home in original.]
No. 6. Copy of a DESPATCH from Governor Sir G. E. Bowen, G.C.M.G., to the Right Hon. Earl Granville, K.G. (No. 64.) Government House, Wellington, Mr Lord, — New Zealand, 24th June, 1870. I am requested by my Responsible Advisers to transmit the accompanying Memorandum respecting your Lordship's Despatch No. 35, of the 25th March, ultimo. I have, &c, The Right Hon. Earl Granville, K.G. G. E. BOWEN.
No. 7. Copy of a DESPATCH from Governor Sir G. E. Bowen, G.C.M.G., to the Right Hon. Earl Granville, K.G. (No. 66.) Government House, Wellington, My Lord, — New Zealand, 26th June, 1870. With reference to your Lordship's Despatch No. 28, of the 18th March ultimo, I have the honor to report that the six Swords of Honor sent out for presentation, in the name of the Queen, to certain Maori chiefs distinguished for their loyalty and gallantry, have arrived. 2. Three of the chiefs referred to, viz., Te Kepa (Major Kemp), Ropata, and Mokcna, are now in Wellington, and on the 20th instant, the anniversary of Her Majesty's accession, I presented their swords to them in the presence of the Colonial Ministers and other principal functionaries of Government, and of a large number of the Members of the New Zealand Parliament. The enclosed extract from one of the local newspapers contains the substance of my address on this interesting occasion; and a translation of the speeches in which Te Kepa, Ropata, and Mokena expressed their loyal gratitude to Her Majesty. On the following day I entertained at dinner the three above mentioned, together with eleven other of the principal Maori chiefs. 3. I shall take an early opportunity of presenting the three other swords to the chiefs for Avhom they are intended, and whose names they bear, viz., Pokeha te Taranui, Ihaka Wanga, and Henare Tomoana. The Colonial Government will provide at its own cost suitable presents for certain other chiefs ; in particular, for Topia Turoa, who has recently distinguished himself in the last campaign against the rebels, and especially in Te Kepa's late march across this Island in pursuit of Te Kooti. 4. There can he no doubt but that the presentation of these marks of Her Majesty's recognition of the loyal and gallant services of several of the chiefs of leading Maori clans will not only stimulate the recipients of this honor to further exertions in support of the Sovereignty of the Crown and of the cause of law and order in New Zealand, but will also produce an excellent effect among their countrymen generally. I have, &c, The Right Hon. Earl Granville, K.G. G. E. BOWEN.
A.—No. 1
8
DESPATCHES FROM THE GOVERNOR OP
Enclosure in No. 7. Extract from the ITew Zealand Advertiser, 21st June, 1870. At noon yesterday the ceremony of presenting the swords of honor sent out by Her Majesty the Queen as tokens of recognition of the fealty of Majors Bopata, Morgan, and Kemp, and their many faithful and timely services to the Colony, took place at Mount Cook Barracks. On arrival there, His Excellency was received by a detachment of the Armed Constabulary. After presenting arms, they were marched to the parade ground, and drawn up in line in front of a table on which the swords were lying. The chiefs having advanced to the table for the purpose of receiving the swords, His Excellency, who was attended by several ladies and gentlemen, said — My friends, Te Kepa, Eopata, and Kouia Mokena, —The Queen has sent out from England swords of honor to be presented to you and to certain other Maori chiefs, in recognition of your loyalty to her Crown, and of your gallant services in support of her Government and of the cause of law and order in New Zealand. Her Majesty has commanded me, as her representative, to invest you with these swords, as tokens of her Royal favour. I now proceed to perform this honourable duty on this day, the 20th of June, which is the 33rd anniversary of the accession of the Queen, who, soon after she ascended the Throne of England, became, through the Treaty of Waitangi, the Sovereign also of this country. I am glad, moreover, to carry out the commands of our Queen, by bestowing on you these marks of distinction in the presence of the Ministers and other chief officers of the Government, and of many members of the Parliament. And now to you, Te Kepa, I deliver this sword. Never shall I forget how, when I went to Wanganui, in November, 18GS, at a time of much danger and distress, and called upon your tribe again to take arms for the Queen and the law, reminding you of the dying words of your great chief and near kinsman, Hori Kingi To Anana ; never shall I forget, I say, how you, Te Kepa, sprang forward, with the gallant spirit of your ancestors, and declared that you were again ready to take the field. Since that day you have been almost constantly on active service against the enemies of the Queen ; and your march across this Island, from Wanganui to Opotiki, in spite of many and great difficulties, is an exploit thoroughly appreciated both hero and in England. Tou have been ably and bravely assisted by your friend Topia Turoa, on whom also a mark of the approval of the Queen's Government will be hereafter bestowed. Te Kepa, here is your sword. It bears on the blade this inscription —" Given by Queen Victoria to Te Kepa for his unfailing loyalty and valour. May you long wear it in health and honor." To you, Eopata and Mokena, I now present, in the name of the Queen, these swords, which also bear your names and similar inscriptions with that presented to Te Kepa. Tour tribe, the Ngatiporou, have rivalled the Wanganuis in loyalty to the Crown, in goodwill to your English neighbours, and in gallantry in war. Tour services in many a severe conflict on the East Coast since 1865, ns well as at Ngatapa and elsewhere, and your late expedition through the Urewera country, are well known and thoroughly appreciated ; and I am confident that you will continue your efforts, in co-operation with the other forces of the Government and with the other loyal Maori tribes, until peace shall have been permanently established throughout this Island. Here, Eopata and Mokena, are your swords, presented to you by the Queen. May you also long wear them, in health and honor. And now, my friends, I trust that the ceremony of this day may be auspicious, and that, by the blessing of God, before another anniversary of the Queen's accession shall arrive, her heart may be gladdened with the tidings that the clouds of war and evil have passed away from this fair laud, and that both races, the Pakeha and the Maori, are dwelling together under equal laws and in friendship and prosperity. Mrs. Fox,in presenting the swords, said, "I am very glad to present you with these swords, but I trust that they will never be used except as ornaments, and that we shall always live together in unity." Te Kepa Eangihiwinui.—Victoria, by the grace of God, long may you live. May your children, Prince Albert, the Duke of Edinburgh, and the Princesses live long. I thank Victoria, Queen of this world, for casting her eyes in this direction, upon me, this black-skinned people, this foolish people, this naked people. I thank the Queen heartily for sending me this proof of her love across the billows of the great sea. Here it lies, the sickle with which evil is to be cut down. Tour ancestors, the Kings, have been protected by God, and so even yourself. There you stand on the most sacred place of your ancestors —the Kings of great fame of old. And now you have caused the sun to shine over this dismal Island. It is very good that the elder and younger brother should live together as they did in the Ark. After that the elder and the younger brother were divided. Now, in this year for the first time they are again united. I and my tribes are under the authority of the Queen. This was Hori Kingi's last word to me, to Mete Kingi, and to all his tribe: " Whe7i I am gone, remain quiet under the authority of the Queen :be loyal to her." And to me especially he said :" Be strong in putting down evil, that peace may be secured during the future." Well, now that the pledge of your affection lies here before me, I trust that peace will always be with you, 0 Queen Victoria, and with your children. May peace be with you, 0 Governor Bowen, with Lady Bowen, and your children. May peace be with the Government of New Zealand. Let love be in your hearts. Do not keep all the good word to yourselves,— let us share it. Te Mokena Kohere.—The first proof of the Queen's affection for us was in sending missionaries here ; the second was the law ; and the third is this. I thank you, Queen Victoria ; I greet you. Major Eopata Wahawaha.—l have nothing to add to the words of Te Kepa and Te Mokena. I thank you heartily, 0 Queen Victoria, and you, O Governor Bowen. Mrs. Fox did the chiefs the honor of buckling on the swords, after which the Premier called for three cheers for Her Majesty, which was heartily responded to. The swords bear the inscription—" Given by Queen Victoria to (name) for hia unfailing loyalty and valour. May you long wear it in health and honor." The swords arc fine specimens of workmanship. The hilt is of the basket kind, and ia lined with crimson velvet; the scabbards are of crimson morocco, richly mounted with silver, and are slung from the shoulder by crimson morocco belts and slings, all silver mounted.
NEW ZEALAND TO THE SECRETARY OF STATE.
9
A.—No. l
See Parl. Papers, 1870, D.—No. 1.
Enclosure 1. Consul March to the Governor of N.Z., May 1,1870.
Enclosure 2. Governor of N. Z. to Consul March, Juno 29, 1870.
No. 8. Copy of a DESPATCH from Governor Sir G. F. Bowen, G.C.M.G., to the Right Hon. Earl Granville, K.G. (No. 67.) Government House, Wellington, My Lord, — New Zealand, 27th June, 1870. At the request of the New Zealand Government, I have the honor to transmit herewith printed copies of the " Summary of the Trade and Shipping Returns for 1869." As it will be some time before the detailed account of Imports and Exports prepared for the annual Blue Books, or Volume of Statistics for 1869, can be printed, my Responsible Advisers hope that the enclosed documents will be forwarded forthwith to the Board of Trade, for publication together with the Annual Returns of the same nature sent home from other Colonies. I have, &c, The Right Hon. Earl Granville, K.G. G. F. BOWEN.
No. 9. Copy of a DESPATCH from Governor Sir G. F. Bowen, G.C.M.G., to the Right Hon. Earl Granville, K.G. (No. 68.) Government House, Wellington, My Lord, — New Zealand, 28th June, 1870. With reference to your Lordship's Circular Despatch of the sth March ultimo, I have the honor, at the request of the Colonial Government, to transmit for the use of the Meteorological Department the accompanying Reports and other documents. 2. The monthly " Abstract of Meteorological Observations in New Zealand " Avill, I am assured, be forwarded regularly by post henceforward ; and it is hoped that the Meteorological Department in London will, in return, supply to this Colony the works referred to in the Circular now under reply. I have, &c, The Right Hon. Earl Granville, K.G. G. F. BOWEN.
No. 10. Copy of a DESPATCH from Governor Sir G. P. Bowen, G.C.M.G., to the Right Hon. Earl Granville, K.G. (No. 70.) Government House, Wellington, My Lord, — New Zealand, 30th June, 1870. I have the honor to transmit herewith a copy of a letter which I have lately received from Her Majesty's Consul for the Fiji and Tonga Islands, stating that most of the vessels arriving there from the ports of New Zealand are chartered for the purpose of conveying so-called immigrant labourers to Fiji, and offering certain suggestions on this subject. 2. From the accompanying copy of my reply to Consul March, it will be perceived that I lost no time in directing the attention of my Ministers to the contents of his letter; and that my Responsible Advisers requested me to thank him for having brought this matter to the notice of the Government of this Colony, and to inform him that instructions have been given to the Collectors of Customs, who are also the shipping masters at the several ports of New Zealand, to carry out the suggestions made by him. I have further asked Mr. March to be good enough to acquaint me with the names of the ships and masters from this Colony engaged in the traffic referred to; and to furnish me, from time to time, with such full information as may enable the Colonial Government to take the most energetic measures for preventing any vessels or seamen from New Zealand from being concerned in enterprises of doubtful legality. I have further assured Mr. March that he will always receive the most zealous co-operation from me in carrying out the instructions and wishes of Her Majesty's Government on this, as on every other subject. 3
A.—No. 1.
10
DESPATCHES EROM THE GOVERNOR OP
Enclosure 3. Memo, by Mr. Fox June 27, 1870. ' i • 1 Enclosure 4. i N.Z. SansarJ for ' 1870, No. 1, p. 21.
3. I would take this opportunity of reporting that it recently came to my knowledge that about twenty-five South Sea Islanders lately arrived at Auckland under contract to work at a flax mill in that neighbourhood. I immediately called the attention of the Colonial Ministers to this fact; observing that (to omit other considerations) I knew from my own experience in Queensland that the introduction of this kind of labour would give much trouble to both the Government and the employers; and that in this temperate climate, where there are no sugar or cotton plantations, there can be no real need for it; while it might interfere with the at present almost purely Anglo-Saxon character of the population of New Zealand, and might otherwise produce, ultimately, various social inconveniences. I added that inquiry should be made forthwith into the circumstances of the importation of the South Sea Islanders referred to above; and that, if this sort of traffic is encouraged or permitted, it will be necessary to have special legislation on the subject here, as in Mauritius, Queensland, and elsewhere. 4. Since my return to Wellington, I have received the enclosed Ministerial Memorandum from Mr. Eox, by which it will be seen that the Government has caused inquiry to be made into this matter, and is satisfied that as yet nothing has occurred in New Zealand to justify its interference ; while it will take care that no abuse shall be permitted. Mr. Fox also refers to his remarks, when this question was mooted on the 17th instant, in the House of Representatives, as is reported at page 21 of the New Zealand JSa?isard for 1870 (No. 1). 5. Public opinion in this Colony seems to be decidedly opposed to any extensive immigration except of members of European races. However, I will, if occasion should require, again address your Lordship on this question. Meanwhile, I hope that you will approve the action which I have already taken respecting it. I have, &c, The Right Hon. Earl Granville, K.G. G. E. BOWEN.
Enclosure 3 in No. 10. Memorandum by Mr. Fox. South Sea Islanders. The Government has already given attention to this subject, and, after inquiry, has satisfied itself that nothing has occurred in New Zealand as yet to justify its interference ; but it will take care that no abuse shall be permitted. (See Hansard, 1870, page 21.) "Wellington, 27th June, 1870. "William Fox.
No. 11. Copy of a DESPATCH from Governor Sir G. F. Bowen, G.C.M.G., to the Right Hon. Earl Granville, K.G., (No. 71.) Government House, Wellington, My Loud,— New Zealand, 30th June, 1870. With reference to your Lordship's Despatch No. 32, of the 24th March ultimo, asking whether the Government of New Zealand have any further claim against the War Office on account of the expenses incurred for the maintenance of Military prisoners in the Colonial gaols, I am requested by my Responsible Advisers to state that, as the prisons in this Colony are under the control not of the General hut of the Provincial Governments, inquiries have been addressed to the proper authorities in the several Provinces, and that the result will be communicated to me as soon as possible for transmission to your Lordship. I hare, &c, The Right Hon. Earl Granville, K.G. G. P. BOWEN.
NEW ZEALAND TO THE SECRETARY OF STATE.
11
A.—No. l
Memo, by Mr. Foe June 30, 1870.
Enclosure 1. Memo, by Mr. Pox June 30, 1870. Enclosure 2. Correspondence respecting Immigration. Vide Appondix to Journals of the House of Representatives, 1870. D.—No. 4.
No. 12. Copy of a DESPATCH from Governor Sir G. F. Bowen, G.C.M.G., to the Right Hon. Earl Granville, K.G. (No. 72.) Government House, Wellington, My Lord, —- New Zealand, 30th June, 1870. With reference to your Lordship's Circular Despatch of the sth March ultimo, respecting the proposed contribution towards the maintenance of the settlement at Somerset, in Queensland, I am requested by my Responsible Advisers to transmit the enclosed Ministerial Memorandum. : I have, &c, The Right Hon. Earl Granville, K.G. G. F. BOWEN.
Enclosure in No. 12. Memokandum by Mr. Fox. Torres Sfraifs Depot. The interest of New Zealand in this question is infinitesimal. Scarcely a single Colonial ship uses that route, and any vessels from New Zealand which do, are in all probability English ships in ballast. The question chiefly concerns the British shipowner, and to some extent, perhaps, the Colonies of Queensland and New South Wales. The New Zealand Government, therefore, declines to ask the Assembly to contribute. Wellington, 30th June, 1870. William Fox.
No. 13. Copy of a DESPATCH from Governor Sir G. F. Bowen, G.C.M.G., to tlie Right Hon. Earl Granville, K.G. (No. 73.) Government House, Wellington, My Loud, — New Zealand, Ist July, 1870. I have the honor to report that I lost no time in directing the attention of my Responsible Advisers to your Lordship's Circular Despatch of the 14th February ultimo, respecting the question of emigration; which is, for several obvious reasons, of more vital importance to New Zealand even than to other Colonies. 2. I now transmit the accompanying Ministerial Memorandum on this subject. It will be seen that my Responsible Advisers refer to that part of the Colonial Treasurer's Financial Statement,* which explains their proposed general scheme of immigration, and to their correspondence respecting it with their Commissioners in England, Mr. Dillon Bell and Dr. Featherston. They observe that they are not in a position to give more detailed information until the Legislature shall have decided the questions laid before it. 3. It will, of course, be recollected that immigration in New Zealand (unlike most other colonies) has hitherto been under the control, not of the General but of the Provincial Governments; several of which have adopted different systems and maintained separate agencies in England. Consequently the furnishing complete answers on all the points referred to in the Circular Despatch now under acknowledgment, is a matter of much greater labour and difficulty here than elsewhere. 4. I shall take the earliest opportunity of reporting to your Lordship the decision of the Colonial Legislature on the Ministerial scheme of immigration. Meanwhile, it may be stated generally that the two classes of immigrants most urgently required at present in New Zealand are, — (1.) Agricultural labourers. (2.) Female domestic servants of good character. I have, &c, The Right Hon. Earl Granville, K.G. G. F. BOWEN. • See especially pages 19 and 20. Copies are transmitted by this mail, with my Despatch No. 75.
A—No. l.
DESPATCHES FROM THE GOVERNOR OF
12
Memo, by Mr. Fox June 30, 1870. i i
Enclosure 1 in No. 13. Memorandum by Mr. Fox. Tiie subject of Lord Granville's Circular of the 14th February, 1870, has already been referred to the Commissioners in England, and lias been brought before the House of Representatives in the Financial Statement lately delivered by Ihe Hon. the Colonial Treasurer. A copy of that Statement will be forwarded to His Excellency for transmission to Her Majesty's Government. In the meantime, till the Legislature shall have decided the questions proposed to it, the Colonial Government can give no information as to what may be the details of its policy on the subject of immigration. The collection of the information asked for by Lord Granville would be a work of great labour, and possibly of little utility, in the existing state of uncertainty as to the mind of the Legislature on the question ; and the Colonial Government must therefore respectfully, for the present at least, abstain, from furnishing it. Wellington, 30th June, 1870. "William Fox.
No. 14 Copy of a DESPATCH from Governor Sir G. F. Bowen, G.C.M.G., to the Right Hon. Earl Granville, K.G. (No. 74.) Government House, Wellington, My Lord, — New Zealand, Ist July, 1870. I have the honor to report that I did not fail to recommend to the Government of New Zealand the suggestion respecting the time of taking the next census contained in your Lordship's Circular Despatch of the 23rd March ultimo. 2. My Responsible Advisers, observing that the time has not yet been fixed in England, request me to forward the enclosed Ministerial Memorandum on this subject. 3. It has been the practice in New Zealand for some years past to take a census triennially, in the month of December. I have, &c, The Right Hon. Earl Granville, K.G. G. F. BOWEN.
Enclosure in No. 14. Memorandum by Mr. Fox. The Colonial Government has not yet decided on the date when the census will be taken, which must depend to a great extent on local circumstances ; but, if convenient, the date fixed in England will be adopted. "Wellington, 30th June, 1870. William Fox. No. 15. Copy of a DESPATCH from Governor Sir G. F. Bowen, G.C.M.G., to the Eight Hon. Earl Granvllle, K.G. (No. 75.) Government House, Wellington, My Lord, — New Zealand, Ist July, 1870. I have the honor to forward herewith six (6) copies of the Financial Statement delivered by the Colonial Treasurer of New Zealand (Mr. Vogel), in Committee of the House of Representatives, on the 28th ultimo. 2. Appended will be found copies of the Estimates for the ensuing Financial Year, together with a number of Tables, Draft Bills, and other official documents explanatory of the views and policy of the Colonial Ministry. I have, &c, The Right Hon. Earl Granville, K.G. G. F. BOWEN.
NEW ZEALAND TO THE SECRETARY OF STATE.
13
A.—No. 1
No. 16. Copy of a DESPATCH from Governor Sir G. E. Bowen, G.C.M.G., to the Right Hon. Earl Granville, K.G. (No. 76.) Government House, Wellington, My Lord,— New Zealand, Ist July, 1870. I have the honor to acknowledge the receipt by the last mail (on the 17th June ultimo) of your Lordship's telegraphic message of the 14th May ultimo, respecting the proposed guarantee, under certain conditions, of a loan of £500,000 to the New Zealand Government for immigration and public works. 2. The Colonial Ministers have received from their Commissioners in England a telegraphic message of two days' later date, from which it appears that the guarantee will be extended to one million sterling, on conditions which must, of course, be submitted to the New Zealand Legislature, on the arrival of full information by the next mail I have, &c, The Right Hon. Earl Granville, K.G. G. E. BO WEN.
No. 17. Copy of a DESPATCH from Governor Sir G. E. Bowen, G.C.M.G., to the Eight Hon. Earl Granville, K.G. (No. 77.) Government House, Wellington, My Lord, — New Zealand, 2nd July, 1870. As I have already reported, the Government Printer at Wellington has standing instructions to forward to the Colonial Office in London, by each monthly mail, copies of all papers and documents laid before the New Zealand Parliament. 2. With several of my Despatches, I have already forwarded copies of those papers which seem to possess special interest or importance, such as the Financial Statement of the Colonial Treasurer, the correspondence respecting immigration, &c. In addition to the documents thus referred to, I now transmit the following for your Lordship's information : — (1.) Correspondence with the New Zealand Commissioners in England, respecting the Imperial Troops. (2.) Papers relative to the San Erancisco Mail Service. (3.) Papers relative to the Torres Straits Mail Service. (4.) Papers relative to the Panama Mail Service. (5.) Papers relative to Conveyance of Mails via Suez. (6.) Papers respecting Sericulture in New Zealand. (7.) Letter from the Hon. W. Eox to the United States Consul in Dunedin. (8.) Report on the practicability of constructing a Eoad from Wanganui to Taupo. (9.) Papers relative to the Patea District. (10.) Papers relative to the proposed Colonial Conference in London. (11.) The New Zealand Hansard for 1870, (Nos. 1 and 2). (12.) Notes of the proceedings during the Visit of the Governor to the North. (13.) Papers relative to Military Operations against the Rebel Natives. (14.) Correspondence with the New Zealand Commissioners relative to Defence. (15.) Return giving the Names, &c, of the Tribes of the North Island. (16.) Report of the Native Minister's interview with the leading Waikato Chiefs. (17.) Notes of Native Meetings held in Upper Wanganui. (18.) Papers relative to a proposed Conference between the Governments of New Zealand and Australia. (19.) Public Accounts of the General Government of New Zealand, for the Financial Year 1868-09. (20.) Statement of the Receipts and Expenditure of the several Provinces of New Zealand and of the County of Westland, for the Year ended 31st December, 1869. 4
DESPATCHES FROM THE GOVERNOR OF
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Enclosure 1. Letter from Parakaia te Pouepa to the Queen, December 12^1869. Enclosure 2. Memo, by Mr. Cooper, June 28, 1870. Enclosure 3. Memo, by Mr.Fox, July 1, 1870.
(21.) Correspondence with the New Zealand Commissioners relative to Immigration. (22.) Papers respecting an Intercolonial Exhibition proposed to be held in Sydney in August, 1870. (23.) Papers and Reports relating to the Armed Constabulary. (24.) Correspondence relative to proposed Submarine Electric Cable between Australia and New Zealand. 3. In pursuance of the practice in this and in other Colonies possessing Parliamentary Government, (a custom imitated from the analogous practice in force in England,) all Parliamentary Papers are printed as " Presented by command "of His Excellency the Governor." It need scarcely be explained, however, that, as a general rule, the Governor, here as elsewhere, takes no personal action, and is rarely consulted in matters of this kind. The Ministers lay before the Legislature those documents the publication of w rhich they think necessary or expedient, or which may be called for in either House. I have, &c, The Right Hon. Earl Granville, K.G. G. F. BOWEN.
No. 18. Copy of a DESPATCH from Governor Sir G. F. Bowen, G.C.M.G., to the Eight Hon. Earl Granville, K.G. (No. 78.) Government House, Wellington, My Lord,— New Zealand, 2nd July, 1870. In pursuance of the Colonial Regulations, I have the honor to transmit herewith a letter addressed to Her Majesty the Queen hy Parakaia te Pouepa, a Member of the Ngatiraukawa Tribe, who impugns the decision of the Native Land Court in the case of the Rangitikei-Manawatu block of land, of which a full report was forwarded with my Despatch No. 14-8, of the 17th November, 18G9. 2. Some delay has unavoidably occurred in transmitting this letter, owing to the circumstances explained in the annexed Memorandum from Mr. Cooper, the Under Secretary for Native Affairs. All such documents are, in Colonies possessing Parliamentary Government, forwarded, in the first instance, to the Minister for the Department, for his observations; and it seems that this matter was lost sight of during the absence of Mr. McLean from Wellington on the urgent public duty of visiting the tribes in the disturbed districts. 3. I now enclose a Ministerial Memorandum from Mr. Pox, who states as follows : —" The general allegations in Parakaia's petition are without foundation. " The assertion that 300,000 acres of land at llangitikei have been ' taken' is quite " a misrepresentation. The land was acquired by purchase from the rightful " owners, whose title was duly investigated by the proper Land Court, a large price " (£25,000) was paid for it, and extensive blocks in it given back to the Natives as " reserves for their maintenance. The Government does not think it necessary to " offer any further remarks on a subject which it has full constitutional power to " deal with in the Colony." 4. It should, perhaps, be mentioned that it was Dr. Featherston who acquired the Rangitikei-Manawatu Block by purchase from the Natives; and that, as that gentleman is now in England, he can give any detailed information which may be required on this question. 5. It will be recollected at the Colonial Office that the Native Land Court exercises its jurisdiction under the Act of the New Zealand Parliament, 29 Victoria, No. 71, entitled " An Act to amend and consolidate the Laws relating to Lands in " the Colony in which the Maori proprietary customs still exist, and to provide " for the ascertainment of the titles to such lands, and for regulating the descent " thereof, and for other purposes." The constitution and powers of the Native Land Court are fixed by this Statute; and it will be seen that the Judges are appointed under its authority, and " during good behaviour." The object of the Colonial Legislature was to create a legal tribunal for the decision of the dispuetd land titles, which have caused so many quarrels between the Colonists and the
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Natives, and have been the source for generations past of such bloody and internecine strife among the Maoris themselves. It is provided that Native Assessors shall sit with the English Judges. I have, &c, The Right Hon. Earl Granville, K.Gr. G. F. BOWEN. Enclosure 1 in No. 18. Petition to Her Majesty the Queen from Ngatiraukawa Tribe. Madam,— Otaki, 12th December, 18G9. Salutations. Madam, listen to the troubles of your children. What was done by the Governors appointed by you used to be good. What they said agreed with what was told us by the Ministers of the Gospel. They spoke of your gracious name to the Maori people. Now what is done is bad. First. Your loving voice and your laws are no longer permitted to reach the Maori people. Tour authority is not allowed to extend to us at this time. Second. Our land at Rangitikei has been taken from us. Our dwelling-houses, our cultivations in which we raise food for our children, are there. About 300,000 acres are being taken from us. But we do not consent that it should be taken. Third. Do you, O Queen, restore our land! Let us not be robbed of it by the law made by the Government of New Zealand. Fourth. We are set aside by the Government; we have done nothing wrong that we should be excluded. Our offence is our refusal to part with our land. It is not a new refusal. We have steadily refused to alienate it ever since 18-JtS until the present time, 18G9. Now it is taken from us by a legal process. We have committed no other offences than this. Fifth. If the Government of New Zealand should attribute it to another cause, it will be a misrepresentation. There is no other cause but the land. Sixth. We are in great trouble because of our exclusion from the Supreme Court. The Court which adjudicates on Maori title to land was established by the Government of New Zealand for them alone. It is not a real Court. The Judges are not Judges holding permanent appointments. They are servants paid by the Government. But what of them. Let your word come to us. This is our third petition to you, O Queen. The first was in 1860, about Waitara, —asking for a Governor to investigate AVaitara. That petition was granted. Governor Grey waß appointed. He ascertained that the Maori claim was right and the Government wrong. The second petition was about Eangitikei, in reference to the unfair mode of purchasing adopted by the Government. That was about land. We received no acknowledgment of this petition from you. This is the third. All our petitions have been about land. This, perhaps, is our offence, which lias shut out your voice and your authority from us. We are cast out; we are excluded from your influence. The life we once had is gone. The Governors and the Ministers of the Gospel have spoken to us. Life (or protection) for the body came from you ; life for the spirit comes from God. The Government of New Zealand has put an end to this. This is our reason for petitioning you. Tour God lives. May you live, O our Queen, and withhold your soldiers. As we always uphold your laws, may you manifest your love to your Maori people ; love the people, now without a parent. Be pleased to send us some one to investigate these troubles —that is, our land, of which we are robbed by the Government. This is the petition of the Maori race to you. Give authority to some Maori man of New Zealand. May you be pleased to grant this petition of your people. If you grant this, the troubles of this Island will come to an end. All wars will cease ; lands not to be taken away unjustly. If you assent, send some Commissioners to convey your authority to New Zealand. From Ngatiraukawa Tribe, Parakaia Te Potjepa, Secretary. Enclosure 2 in No. 18. Memorandum by Mr. Coopeb. In reference to His Excellency's inquiries relative to a petition from Parakaia te Pouepa to Her Majesty the Queen on the subject of the Manawatu purchase, the Native Under Secretary desires to make the following remarks : — It seems that the petition in question was forwarded to the Hon. Native Minister in Auckland on the 15th January last, and afterwards given to an officer to be translated and returned to His Excellency the Governor. Urgent public matters necessitated the presence of the lion. Native Minister in various parts of the country, and the petition was lost sight of until he returned to Wellington this month, when he was informed that it had not been returned to His Excellency. Inquiry was immediately instituted for it, but, unfortunately, without success, as the officer to whose care it had been intrusted had left the Native Department Before the loss of the document was known in this office. G. S. Cooper. Wellington, 28th June, 1870.
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DESPATCHES FROM THE GOVERNOR OF
Transmitted with my Despatch No. 75, by this mail.
Enclosure 3 in No. 18. Memorandum: by Mr. Fox. The general allegations in Parakaia's petition are without foundation. The assertion that 300,000 acres of land at Rangitikei have been " taken "is quite a misrepresentation. The land was acquired bypurchase from the rightful owners, whose title was duly investigated by the proper Land Court. A large price (£25,000) was paid for it, and extensive blocks iv it given back to the Natives as reserves for their maintenance. The Government does not thfuk it necessary to offer any further remarks on a subject which it has full constitutional power to deal with in the Colony. "William Fox. Wellington, Ist July, IS7O. Premier.
No. 19. Copy of a DESPATCH from Governor Sir G. F. Bowen, G.C.M.G., to the Eight Hon. Earl Granule, K.G. (No. 79.) Government House, Wellington, My Lord,— New Zealand, 3rd July, 1870. The mail via San Francisco will leave "Wellington this day, and that via Suez to-morrow ; hut so far as is known here at present, nothing of special importance has occurred in Native affairs during the past month. Mr. McLean informs me that the Ministers propose to discontinue the practice of furnishing monthly memoranda, showing the general progress of events in New Zealand, except when something may happen, to which they may desire to draw the particular attention of Her Majesty's Government. The general ahsence of Native news may he regarded as one of the most promising signs of the estahlishment of permanent tranquillity. 2. During the last week thirty-four members of Te Kooti's band, recently captured by the loyal Maoris under Majors Kemp and Ropata, have been tried before the Supreme Court at "Wellington in the ordinary course of law, and, in most cases, they have been found guilty. The trials have been conducted on precisely the same footing as those of last year; of which full reports were contained in my Despatches No. 113, No. 141, and No. 153, of 1869. No capital sentence will be carried out except in the case of men proved guilty of murders of unarmed persons, and of women and children, in addition to rebellion against the Queen. 3. Majors Kemp and Topia have claimed and received from the Colonial Government a sum of nearly £15,000 for their recent services in the field. This remuneration is calculated at the same rate of pay for the chiefs as that allowed to field officers in the English army; and at the rate of 4s. per diem for their clansmen; which is the daily pay of the Colonial Militia and Volunteers when called out for active service. 4. It will be seen from the Financial Statement of the Colonial Treasurer that the present Ministry propose a very large expenditure on Public Works and Immigration during the next ten years. Their view is that the surest plan to pacify and civilize the Maoris generally is to give them constant employment at good wages on railways and roads, opening up their own mountains and forests; and that the best way to lighten the heavy burdens of the Colonists is to increase their number, and to develop the great natural resources of this country. For myself, I have always urged that the pickaxe and the spade are the true weapons for the pacification of the Highlands of New Zealand, as formerly of the Highlands of Scotland. 5. It will be further perceived from the Financial Statement that the Ministry propose a large annual appropriation for the maintenance of a permanent Defence Force. It is, of course, uncertain as yet how far the Ministerial proposals will be adopted by the Colonial Parliament. I have, &c, The Right Hon. Earl Granville, K.G. G. F. BOWEN.
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NEW ZEALAND TO THE SECRETARY OF STATE.
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No. 20. Copy of a DESPATCH from Governor Sir G. P. Bowen, G.C.M.G., to the Eight. Hon. Earl Granville, K.G. (No. 81.) Government House, Wellington, My Lord,— New Zealand, 18th July, 1870. With reference to your Lordship's Despatch No. 20, of the 14th February, ultimo, I have the honor to transmit a memorandum from the Defence Minister (Mr. McLean), by which it will be seen that Captain (late Cornet) Angus Smith, of the Colonial Porces (formerly Colour-Sergeant of the 93rd Highlanders), acknowledges, with grateful thanks, the receipt of the Crimean and Turkish Medals, which the Secretary of State for War, on your Lordship's recommendation, has caused to be re-issued to him. I have, &c, The Eight Hon. Earl Granville, K.G. G. P. BOWEN.
Memo, by Mr. McLean, July 8, 1870.
Enclosure in No. 20. Memorandum by Mr. McLean. The Defence Minister has the honor to inform his Excellency that Captain (late Cornet) Angus Smith, hag, in a letter dated Opotiki, 21st June, 1870, acknowledged with grateful thanks the receipt of the Crimean and Turkish Medals sent to him through His Excellency, under cover of Lord Grranville's Despatch No. 20, of the 14th February last. Wellington, Bth July, 1870. Donald McLeax.
No. 21. Copy of a DESPATCH from Governor Sir G. P. Bowen, G.C.M.G., to the Eight Hon. Earl Granville, K.G. (No. 84.) Government House, Wellington, My Lord, — New Zealand, 21st July, 1870. I have the honor to transmit herewith six copies of the New Zealand Gazette No. 37, of the 13th July instant, containing a Eeport from the EegistrarGeneral and a series of Tables relating to the Agricultural Statistics of this Colony, embracing the results of the " Account" taken in Pebruary, 1870, with comparative Tables showing also the results of the similar " Account" taken in Pebruary, 1869. 2. It will be seen that the number of acres under crop in 1870 was 900,504, against 687,015 in 1869 ; being an increase of 213,489 acres, or about 25 per cent. Considering the recent circumstances of this community, so large an increase must be regarded as highly satisfactory. I have, &c, The Eight Hon. Earl Granville, K.G. G. P. BOWEN.
No. 22. Copy of a DESPATCH from Governor Sir G. F. Bowen, G.C.M.G., to the Right Hon. Earl Granville, K.G. (No. 89.) Government House, Wellington, My Lord,— New Zealand, 26th July, 1870. With reference to your Lordships's Despatch No. 39, of the 25th April ultimo, I have the honor to transmit herewith a Memorandum from Mr. McLean, covering a statement of the circumstances (so far as they are known) of the reported murder of Mr. John Lyons, by a Half-caste named Tamati Kiharoa, who seems to have since died. 2. This murder does not appear to have had a political motive of any kind; and it will be seen that the Coroner's Jury returned an open verdict. I have, &c, The Eight Hon. Earl Granville, K.G. G. P. BOWEN. 5
Memo, by Mr. McLean, July 25, 1870, -with Enclosures.
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DESPATCHES FROM THE GOVERNOR OE
Enclosure 1. /"wfr Transactions of N. Z. Institute, 1870. Enclosure 2.
Enclosure in No. 22. Memorandum by Mr. McLean. With reference to the Despatch from the Secretary of State, No. 39, of the 25th April, 1870, to His Excellency, requesting information respecting the reported murder of a Mr. Lyons, by Natives in the Province of Auckland, on or about the 13th January last, the Defence Minister forwards herewith, for His Excellency's information, and for transmission to Earl Granville, a statement of the particulars of the murder referred to, so far as they could be ascertained. Wellington, 25th July, 1870. Donald McLean.
Sub-Enclosure to Enclosure in No. 22. The particulars of the murder of Mr. John Scott Elliot Lyons are as follows : — On or about the Cth January last, Mr. Lyons was erecting a fence on the farm of Mr. Martin, near the Puniu Stream, near Kihi Kihi, Waikato, and left his coat hanging on the fence. A Half-casta named Kiharoa, who was passing by, murdered Lyons, and threw the body into a gully, where it waa afterwards found. Kiharoa appeared at the Native village dressed in Lyons' clothes, and told a friend that he had committed the murder, and that it had originated in a scuffle for the possession of the coat. An inquest was held before W. N. Searancke Esq., R.M., and the jury returned an open verdict against some persons unknown, there being no direct evidence against Kiharoa. Mr. Searancke reported having taken steps to have Tamati Kiharoa arrested, but feared that lie had joined Te Kooti, who, with his followers, was then near the Waikato District. Tamati Kiharoa was never found, but on the 2nd of April information was received by the Officer Commanding at Kihi Kihi, from a Te Awamutu Native named Paterio, that " the murderer of Lyons died last week at Wharapapa." This information is believed to be reliable. Wellington, 25th July, 1870. Donald McLean.
No. 23. Copy of a DESPATCH from Governor Sir G. F. Bowen, G.C.M.G., to the Eight Hon. Earl Granville, K.G. (No. 90.) Government House, Wellington, My Lord,— New Zealand, 27th July, 1870. In continuation of my Despatches No. 77 of IS6B, and No. 94 of 1869, I have now the honor to transmit a copy of the anniversary address with which, on the 23rd instant, I opened, as President, the Session for 1870 of the New Zealand Institute. 2. I forward at the same time two copies of the volume containing the " Transactions and Proceedings of the Institute " for 1869. This, like the volume for 1868 forwarded last year, will be found to comprise a large mass of valuable and practical information respecting New Zealand. 3. It will be seen from Enclosure No. 1 that I recommended in my anniversary address that public provision should be made here for technical and scientific education, somewhat on the plan suggested, in 1868, by the Eeport of the Select Committee of the House of Commons on this subject; and Mr. Eox, the Prime Minister, stated that the Colonial Government will take steps to carry out this recommendation. I have, &c, The Eight Hon. Earl Granville, K.G. G. F. BOWEN.
No. 24. Copy of a DESPATCH from Governor Sir G. E. Bowen, G.C.M.G., to the Eight Hon. Earl Granville, K.G. (No. 91.) Government House, Wellington, My Loud, — New Zealand, 28th July, 1870. In continuation of the second paragraph of my Despatch No. 79 of the 3rd instant, I have the honor to report that of the thirty-four members of Te Kooti's band captured by the loyal Maoris under Majors Kemp and Eopata, and recently tried before the Supreme Court at Wellington, in the ordinary course of law, for " levying war against the Queen," thirty were convicted and sentenced to death; two were acquitted for want of proof; while the Attorney-General entered a nolle prosecpii against the two remaining.
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2. The report of the learned and able Judge who presided (Mr. Justice Johnston), was considered yesterday by the Governor and Executive Council. It appears that these trials were conducted on precisely the same footing as those of last year, of which reports were contained in my Despatches Nos. 113,141, and 153 of 1869.* The Attorney-General prosecuted on behalf of the Crown, and the prisoners were defended by Counsel provided at the cost of the Colony. 3. After the evidence against them given on the first day of the trial, most of the accused, by the advice of their Counsel, asked leave to withdraw their plea of "not guilty," and pleaded "guilty." Mr. Justice Johnston observes in his report that thereupon " the Attorney-General said that he had intended to call a " chief who would have proved that Te Kooti, with whom the prisoners had been " acting, did not pretend to be fighting for land taken from him, and Mr. Allen " (the Counsel for the defence) admitted that he could not make out that Te Kooti " was doing so." It will be recollected that with my Despatch No. 141, of 28th October, 1869, I transmitted a copy of the Judge's charge to the Jury in the high treason trials of last year, in which it was remarked that they would prove of great service to the Colony, as showing the true intentions and objects of the rebels, and silencing the calumniators of the Government and of the settlers with regard to their treatment of the Hauhaus. Among many other remarks to the same effect, the Judge said:—" If there were no other purpose that this trial could serve than " this, it is well that the Colony, the Mother Country, the world, should know that " the deliberately avowed and repeated intention of Te Kooti was, as it has been " expressed, —and I shall use no language of rhetoric to characterize the expres- " sion, —to annihilate the momokino, ' the bad breed.' On pressing the matter, " and questioning the witnesses as to what Te Kooti meant by the ' bad breed/ " and what was understood by it by his followers, it became a clear matter of fact " that the ' bad breed' did not mean this man or that; it did not mean the " pakeha, the foreigner, merely, but the Government people of both races. " Throughout the whole disastrous events, both the language and actions of this party " showed that their attacks were levelled against those who supported the Govern- " ment. What Government that was there can be no doubt. It was the " Government of Her Majesty, in the Colony To my mind, what " becomes of these men is comparatively insignificant to the great fact which this " trial will probably establish, —that as far as regards the circumstances of that " portion of the Colony with which this case is connected, the Government has " not been acting otherwise towards the hostile Natives than for the maintenance " of the peace of the country, and that Te Kooti and his followers have not set up " the pretence of a grievance done to them No possible suggestion " can hereafter be made, with regard to this portion of the Native race, at all " events, that their object was to get back land of which they complained that " they had been wrongfully dispossessed. No suggestion can hereafter be made " that their conduct was even retaliation for some oppression or injury which they " even pretended to have received at the hands of the British Government. No " suggestion can be made that the insurrection in this part of the Colony was the " result of misconduct, ill-feeling, or mismanagement on the part of the European " settlers or of the Government." The whole of the Judge's charge deserves careful consideration. 4. In my Despatch No. 141, of 1869, I further observed as follows:—" It " need scarcely be said that in any capital executions the aggravations peculiar to " sentences for treason will be remitted. Mr. Justice Johnston is of opinion that, " in the present condition of the Statute Book, he was bound to pass sentence in " the following terms : —'You shall be drawn on a hurdle to the place of execu- " ' tion, and be there hanged by the neck till you are dead; and afterwards your " ' head shall be severed from your body ; and your body shall be divided into " ' four quarters, which may afterwards be disposed of according to law.' The " Judge, with my sanction, stated on each occasion that this sentence would not "be carried out in its terms. With regard to this point, I request your Lord- " ship's attention to the following paragraph, Avhich has appeared in one of the * Published in the papers presented to the Imperial Parliament in April, 1870.
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DESPATCHES FROM THE GOVERNOR OF
* Wellington Independent, October 2, 1869.
Enclosure 1. Vide Statutes of Kew Zealand, 1870, page 1.
* See enclosed Minute of Council. Enclosure 2.
*EarlGranTilleto Governor of N.Z., No. 12, of January 28, 1870.
" leading journals in New Zealand * :—' It is a matter of regret to almost every " ' member of the community, that the necessity of pronouncing sentence after " ' the old form established by English law, had not been removed by legislative " ' enactment. Oar civilization revolts from the parallel which may be drawn " ' between the horrible mutilations of their victims by the Maoris, which we so em- " ' phatically denounce, and the sentence of barbarous mutilation after death to which " ' the law deliberately consigns those condemned for the crime of high treason. This " ' was evidently felt by the Judge whose painful duty it was to pronounce the '• ' sentence, and he took care to explain to the condemned that such part of the " ' sentence would not be carried out. Nevertheless, soften it as we may, it gives a " • handle for recrimination which we would fain avoid.' " The feeling expressed in the above words was so strongly shared by the Colonial Government and Parliament that the first Bill brought in and passed during the present Session is "An Act " to alter the Punishment in certain cases of High Treason," (33 and 34 Viet., No. 1,) of which I now transmit a copy. The Judge was thus enabled to pass the sentences of death in the common form. 5. In his report of the recent trials, Mr. Justice Johnston states : —" I am of " opinion that all the convictions, whether on verdict or by confession, were " obtained in due course of IaAV; but that, considering the course taken with " regard to the prisoners condemned to death at the last special sittings under the " Disturbed District Act, it is not desirable that the sentence of death should be " enforced against those prisoners." It will be recollected that in my Despatch No. 153, of the 24th November, 1869, and in the Minute of the Executive Council which accompanied it, the reasons were fully given which induced me, with the advice and consent of my Ministers, to cause the capital sentence to be carried out last year only in the person of Hamiora te Peri, who was clearly proved to have been guilty, in addition to rebellion, of having taken an active part in the cruel murders of unarmed men, Europeans and Maoris, and of women and children, in the Poverty Bay massacre. The sentences of the other rebels, seventy-six in number, convicted at the same sittings of the Supreme Court, were commuted, according to the measure of the guilt of each individual, to various terms of penal servitude. It will be further remembered that Mr. Justice Johnston afterwards expressed his opinion that " this result was the best that could have been arrived at;" while Mr. McLean and all those who know the Maoris best, believe that the lenity of the Government has produced a favourable effect on the Native mind generally. They think, in short, that in this as in other countries, the maxim holds good which declares that " the grass soon grows over blood shed on the battle-field, but rarely " over blood shed on the political scaffold." 6. Not one of the thirty prisoners recently convicted was clearly proved at his trial to have taken an active part in the Poverty Bay massacre, or in the other equally heinous atrocities of Te Kooti and Titokowaru. Consequently, it was determined by myself and my Ministers, in the Executive Council held yesterday,* to commute, in accordance with the opinion of Mr. Justice Johnston, the capital sentences in every case to various terms of penal servitude or imprisonment. The principle which we have laid down for our guidance from the beginning is that, looking to the circumstances of this country, sentences of death will not be inflicted for rebellion against the Queen's authority alone, unless such high treason is accompanied by murder in cold blood, or some other atrocity. Your Lordship has informed me * that you observed with great pleasure the lenient course adopted by the Government of New Zealand, and hope that it will have the satisfactory results which they anticipate from it, and which it deserves. I have, &c, The Eight Hon. Earl Granville, K.G. G. F. BO WEN. Enclosure 1. — Vide Statutes of New Zealand, IS7O, page 1.
Enclosure 2 in No. 24. Extract from Minutes of Executive Council, held at Wellington, 27th July, 1870. His Excellency the Governor, at the instance of the Colonial Secretary, asked the advice of the Council respecting the Maori prisoners lately condemned to death for high treason. After careful consideration, the Members[of the Executive Council agreed to advise His Excellency,
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on grounds similar to those stated in the Minute of 2nd November, 1869, respecting the sentences on the Maori prisoners tried last year : That the capital sentences passed on the Native prisoners named in his Honor Mr. Justice Johnston's reports of the Ist and ISth July instant, respectively be commuted to penal servitude, in each case to be determined as soon as practicable after the Members have had sufficient opportunity to weigh the evidence against each prisoner. The question will also be considered, whether in some cases the power given to His Excellency in the 19th section of "The Disturbed Districts Act, 1869," of placing persons convicted under that Act in certain specified districts, should not be exercised. His Excellency the Governor expressed his entire concurrence with the advice of the Council, and directed the necessary orders herein to be issued accordingly, G. P. Bowen. True Extract. "William Fox, Fobster Gobing, Prime Minister. Clerk of the Executive Council.
Names of Prisoners. Tukirikau Te Waihaku. Tamaipaoa. Eruera Kainga. Tapui. Eikirangi. Heremaia Te Kahu. Paora Te Keho. Hakopa te Hokokai. Te Waka Tuhua. Manihera Taikehu. Aperahama Te Uatuka. Te Karaka Tainakore. Utiera Perenara. Taipua. Hone Tapatahi. Hori Te Aaua. Hori Puru. Waretini Eangi. Aperahama Makao. Tahekeheke. Tauaro Tutauanui. Hopa Tiakiwhare. Te Uaki. Tamati Tarahau. Motu. Pita Koko. Karamana Karekare. Kare Matenga. Hemi te Aau. Eru Nopenope. Tira Huirua. Hemi Tutapu.
No. 25. Copy of a DESPATCH from Governor Sir G. F. Bowen, G.C.M.G., to the Right Hon. Earl Granville, K.G. (No. 92.) Government House, Wellington, My Lord,— New Zealand, 29th July, 1870. At the request of my Responsible Advisers, I have the honor to transmit herewith, and to recommend to favourable consideration, the enclosed Ministerial Memorandum respecting certain proposed facilities for the receipt and transmission of telegrams to and from the Mother Country. I have, &c, The Right Hon. Earl Granville, K.G. G. P. BOWEN.
Enclosure, with
Enclosure in No. 25. Memorandum by Mr. Vogel. The Commissioner of Telegraphs respectfully requests His Excellency to move the Secretary of State for the Colonies to communicate with the Post Office and Telegraph authorities at home, with the view of ascertaining whether some facilities cannot be afforded for the receipt and transmission of telegrams to or from the Mother Country. The Commissioner believes that very extensive use would be made of the telegraph if persons could feel assured that, without the necessity for writing to a special or other correspondent, in each case telegrams would be conveyed to the nearest port in Great Britain or in a Colony, and be thence at once forwarded to their respective destinations. Such an arrangement would be especially valuable to New Zealand, which may be entered at so many different ports from so many different points. It has been the object of the New Zealand Government to enable residents in other countries to forward telegrams to the Colony through the nearest station, to be thence transmitted to their destinations. To effect this purpose, three things are necessary, — (1.) That the rates of charge should be generally known. (2.) That a convenient means of paying for the telegrams should be afforded. (3.) That separate post bags containing such telegrams should be made up and be forwarded to the nearest telegraph station in New Zealand for transmission to their destinations. On the other hand, it would doubtless be a great convenience to residents in the Colonies if bags of telegrams could, in a similar manner, be sent to Great Britain under an arrangement for their 6
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DESPATCHES EROM THE GOVERNOR OF
Memo, by Mr. Vogel, July 30, 1870.
delivery to the telegraphist at the nearest station, and for their being duly transmitted thence. The Commissioner for Telegraphs suggests that the rates of charge for telegraphic messages within Great Britain should be made known in New Zealand, and that New Zealand stamps should be declared receivable as payment of telegraphic charges, such stamps uncancelled to be returned to the Colony, and payment to the amount of the same to be made by the Colonial Government. In the same way the Colonial Government would be willing that telegrams from Great Britain for any part of the Colony should be paid for in English stamps, if the English authorities wduld agree to refund to the Colony the amount of such stamps on their being forwarded home uncancelled. The English Post Office authorities should also agree to make up a special bag of telegrams as already described. The Commissioner ventures to suggest that it would be a very great boon, and very greatly calculated to promote interchange of communication throughout the world, if the Imperial authorities would endeavour to arrange with all countries possessing interior lines of telegraph, for the affording of such facilities as are herein proposed, and the Commissioner thinks that the matter would be a simple one as regards any country in which postal or other stamps are used. The Commissioner encloses herewith copies of the rates of charge adopted in New Zealand, together with forms for the transmission of messages. It would not, however, be necessary that those forms should be used or adhered to in carrying out the plan proposed. It would be well that the authorities at home should be asked to state whether they would make it a condition of entering into an arrangement, that the authorized English forms should bo adopted, and if so, the authorities should bo requested to send out to the Colony a considerable supply of such forms. Julius Vogel. Wellington, 29th July, 1870.
Sub-Enclosure to Enclosure in No. 25. Telegraph Charges. Notice is hereby given, that on and after the Ist September, 1870, the following uniform rate of cLarges for telegrams transmitted on the lines of the New Zealand Telegraph will come into operation : — Ordinary Telegrams. From any station to any station : — s. d. For the first ten words ... .. ... ... ... ... 1 0 For every additional five words or fraction of five words ... ... ... 0 G On Sundays, double the above rates. Press Telegrams. From any station to any station : — s. d. For the first ten words ... ... ... ... ... ... 0 G For every additional fifteen words or fraction of fifteen words ... ... 0 G On Sundays, double the above rates. No charge will be made for signature, but it must, in all cases, be the usual signature of the person sending. By order of the Telegraph Commissioner. New Zealand Telegraph, Head Oflice, C. Lemox, Wellington, 13th August, 1870 General Manager.
No. 20. Copy of a DESPATCH from Governor Sir G. F. Bowen, G.C.M.G., to the Right Hon. Earl Granville, K.G. (No. 93.) Government House, "Wellington, My Lord,— New Zealand, 30th July, 1870. At the request of my Responsible Advisers, I have the honor to transmit herewith, and to recommend to favourable consideration, the enclosed Ministerial Memorandum respecting the defaced silver coin now circulating in New Zealand. I have, &c, The Right Hon. Earl Granville, K.G. G. P. BOWEN.
Enclosure in No. 26. Memorandum by Mr. Vooei. The Colonial Treasurer begs respectfully to move His Excellency to communicate, through the Secretary of State for the Colonies, with the proper authorities at home, upon the subject of redeeming defaced coin, of which a large amount, in a state altogether unfit for use, is now in circulation in New Zealand. It is understood that, in the case of another Colony, the Mint authorities have co-operated, with the view of replacing defaced silver by new coin. The Colonial Treasurer suggests that the Mint should send out twenty-five thousand pounds worth of silver coin, in conveniently assorted denominations, upon the following terms : — The Colonial Government to pay the cost of packing, freight, insurance, and shipping charges, upon coin shipped to the Colony, and also the cost of returning to England defaced coin; interest at
NEW ZEALAND TO THE SECRETARY OF STATE.
23
A.—No. 1.
/ Ide Appendix to Journals 11. of R., 1870, A. No. 20.
Enclosure 1. Memo, by Mr. Fox August 1, 1870.
Enclosure 2. N. Z. llansavtU Nos.l to 7of 1870. See especially Vol. VII., pp. 15 to 17, 172 to 179, 237 to 247, 320 to 333, 3(!2 to 373, 382 to 886, 155 to 463, 498 to 506; and Vol. VIII., pp. 3 to 17, 126 to 137. * Enclosure 3. Vide Journals of tie L. C, 1870, p. 45.
Bank of England rate to be charged to the Government upon amounts as sent out, credits being given, from time to time, for the amounts of defaced coin received at home; any balance unpaid by the Colonial Government twelve months after the receipt of new coinage, to be then paid by bank draft. If the Imperial authorities are willing to accept these terms, silver coin to the amount before stated may be sent out without further communication. It is suggested that the coin should be in about the following proportions: — Five-tenths in florins, Three-tenths in shillings, One-tenth in sixpences, One-tenth in threepences. It will also be convenient, for the distribution of the new coin in the Colony, that each case should contain £500 sterling, divided according to above scale. Wellington, 30th July, 1870. Julius Vogel.
No. 27. Copy of a DESPATCH from Governor Sir G. E. Bowen, G.C.M.G., to the Right Hon. Earl Granville, K.G. (No. 94.) Government House, Wellington, My Lord, — New Zealand, 31st July, 1870. I am requested to transmit, for your Lordship's information, the enclosed Paper, presented by my Responsible Advisers to the Colonial Parliament, and \ containing copies of a correspondence between Mr. Eox (the Prime Minister), tlie^ Commissioners (Messrs. Eeatherston and Dillon Bell), and Mr. EitzGerald (the Comptroller-General in this Colony), respecting a letter addressed by the last named gentleman to Mr. Selfe, and recently published in London as a pamphlet entitled " The Self-Reliant Policy in New Zealand." I have, &c, The Right non. Earl Granville, K.G. G. E. BOWEN.
No. 28. Copy of a DESPATCH from Governor Sir G. E. Bowbn, G.C.M.G., to the Right Hon. Earl Granville, K.G. (No. 95.) Government House, Wellington, My Lord, — New Zealand, Ist August, 1870. With reference to the previous Ministerial Memoranda respecting the relations between the Imperial Government and New Zealand, transmitted with my Despatches No. 7, of 13th January ultimo, No. 39, of 2nd April ultimo, and No. 64, of 24th June ultimo, I am now requested by my Constitutional Advisers to forward the enclosed Memorandum by Mr. Fox (the Prime Minister) on the; same subject. 2. This last Memorandum appears to have especial reference to the long and animated debates Avhich have taken place during the past month in both Houses of the Colonial Parliament concerning the recent conduct of the Imperial Government towards New Zealand. The opinions on this question of the leading men of all parties are stated in their speeches, which will be found fully reported in the New Zealand Hansard. It will be perceived that an address to the Queen, and; some strong resolutions were proposed, and that the alleged tendency of some. portions of your Lordship's policy " to drive this Colony out of the Empire," was , discussed from various points of view. However, the intelligence of the concession . respecting the Imperial guarantee of a loan of a million sterling arrived i opportunely; and other conciliatory influences were brought to bear. The resolu-: tions, of which I annex a copy, * were finally carried in the Legislative Council; • while the motion in the House of Representatives, asserting that " this House is of ( " opinion that the Imperial Government has failed in its duty to the Colony," was \ ultimately withdrawn by general consent. I ought, perhaps, also to mention that the House of Representatives unanimously refused even to receive a petition, \ praying that steps might be taken, in consequence of the recent action of the Imperial authorities, to withhold the payment of the Governor's salary and establishment.
DESPATCHES FEOM THE GOVEENOE OF
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Enclosures 1 and 3.
Enclosures 1 and 2. Memos. by Mr. McLean, August 1, 1870.
Enclosure 2.
3. The enclosed Memorandum and Resolutions appear fairly to represent the general feeling entertained at the present time, on the subject of which they treat, by the great majority of the Parliament and public of this country. I have, &c, The Eight Hon. Earl Granville, K.G. G. F. BOWEN.
Enclosure 1 in No. 28. Memorandum by Mr. Fox. So much has been said lately about New Zealand separating from the Empire, that Ministers deem it to be their duty to ask his Excellency to convey to the Secretary of State for the Colonies their views on the subject. In their instructions to the Commissioners, and the various Memoranda which have been published, Ministers have not disguised their impression that the Imperial Government adopted a line which was tantamount to inviting the Colony to withdraw from the Empire. It matters not what reasons may have dictated a change; it is sufficient to know that, lately, the Imperial Government have disavowed that they still entertain the policy referred to. Ministers think it right to state that they have received this disavowal with much gratification, and that, as already intimated in previous Memoranda, their wish is that the communications of both Governments should be of so conciliatory and cordial a character, that the ties between the two countries may be strengthened and not relaxed. Wellington, Ist August, 1870. William Fox.
No. 29. Copy of a DESPATCH from Governor Sir G. F. Bowen, G.C.M.G., to the Eight Hon. Earl Granville, K.G. (No. 97.) Government House, Wellington, My Lord, — New Zealand, 3rd August, 1870. The mail via San Francisco closes at Wellington this evening. 2. The most important event here during the past month has been the long debate in the Colonial Parliament " respecting the conduct of the Imperial " Government towards New Zealand," concerning which I have transmitted full information and a Ministerial Memorandum with my Despatch No. 95, of the Ist instant. 3. I now forward two Ministerial Memoranda by Mr. McLean, showing that the general tranquillity of Native affairs has been slightly disturbed in two quarters, —at Tologa Bay on the East, and at Aotea, on the West Coast of this Island. 4. It appears that a party of turbulent Maoris, between forty and sixty in number, supposed to belong to Te Kooti's gang, recently attacked a small settlement of friendly Natives at Tologa Bay, and that two of the people of the place were wounded in the affray. The object of the assailants appears to have been robbery, especially of provisions. A detachment of the Colonial Forces and of the loyal Ngatiporous has been sent to Tologa Bay, for the protection of the Native settlement against any further attack. 5. The harbours of Aotea and Kawhia, on the West Coast, arc the ports of the territory enclosed by the aukati or " pale" of the so-called " Maori King; " and the Colonial Government has for several years past warned any settlers desiring to establish themselves there, that they must do so at their own risk, and with the consent of the local Natives. It appears, however, that two enterprising Colonists, under the circumstances related by Mr. McLean, lately attempted to open a store at Aotea, but were soon driven away by a party of armed Hauhaus. It will be seen that Mr. McLean thinks that there is no reason to believe that these Ilauhaus acted under the instructions of " the King party;" indeed, he continues in amicable correspondence with Tamati Ngapora, the uncle and chief councillor of King Tawhiao. At all events, the Colonial Government has no intention of interfering with the "King party," so long as they remain within their own territory. 0. I transmitted the New Zealand Mansard with my Despatch No. 95, of the Ist instant, and I now forward, in addition to the documents accompanying my
NEW ZEALAND TO THE SECRETARY OF STATE.
25
A.—No. 1
Despatch No. 77 by the last mail, the following Papers presented to the Colonial Parliament during the past month :— (3.) Further Papers relative to the Patea District. (4.) Further Papers relative to Military Operations against the Rebel Natives. (5.) Further Papers relative to Military Operations against the Rebel Natives. (6.) Further Papers relative to Military Operations against the Rebel Natives. (7.) Telegrams from the New Zealand Commissioners relative to a Guarantee to a Loan of £1,000,000. (8.) Reports from Officers in Native Districts. (9.) Correspondence relative to the Construction of Roads in the North Island. (10.) Correspondence relative to the Purchase from the Natives of the Forty Mile Bush, Hawke's Bay. (11.) Correspondence relative to Ohinemuri, and Native Matters at the Thames. (12.) Further Correspondence relative to Ohinemuri and Native Matters at the Thames. (13.) Return of Customs Duties collected throughout the Colony of New Zealand during the Year 1869. (14.) Further Papers respecting Sericulture in New Zealand. (15.) Report on Sericulture in California. (16.) Papers relative to the proposed Nelson and Cobden Railway. (17.) Reports by the Inspector of Surveys. (18.) Report by the Canterbury Chamber of Commerce on the present Tariff and the proposed Alterations therein. (19.) Return of Arms and Ammunition issued to Natives from 30th June, 1869, to 31st March, 1870. (20.) Report of the Flax Commissioners. (21.) Report of the Government Annuities Commissioner on the General Operation of the Government Annuities Act. I have, &c, The Right Hon. Earl Granville, K.G. G. F. BO WEN.
Enclosure 1 in No. 29. Memorandum by Mr. McLean. Information has reached the Government that a party of between forty and sixty turbulent Natives, supposed to be a part of Te Kooti's gang, have attacked a friendly Native settlement at Tologa Bay, on the East Coast, and that two of the people of the place were wounded in the affray. No other information as to the movement of Te Kooti or his people is in possession of the Government. Wellington, Ist August, 1870. Donald McLean.
Enclosure 2 in No. 29. Memorandum by Mr. McLean. In April last, some of the friendly Natives living at Aotea, a harbour on the West Coast of the North Island, requested that the Government would permit trade to be re-opened there, which had been closed since the Waikato campaign of 1863, alleging that there was no probability of any disturbance arising from it, and promising that if trouble should arise or be threatened, they would give ample warning to all concerned. Accordingly, the " Industry " was allowed to clear out for Aotea, the consignees of her cargo, Messrs. llbury and Higgin, being distinctly warned that they must take the risk of any consequences that might attend their attempt to re-open a trade there. The cargo consisted of drapery and provisions, and was landed and stored at the premises of one of the friendly Natives, who had requested the embargo on the port to be removed. A few days afterwards, an armed part] of liauhaus came down and forcibly removed the goods, which they still retain, and refuse to give up. There is no reason to believe that they acted under the instructions of, or are countenanced by the King party. 7
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DESPATCHES FROM THE GOVERNOR OF
I Commodore Lambert to the Governor of N. Z., August 4, 1870.
( See Gorernor of N. Z. to See. of State, No. 102, of August 21, 1870. t l
Some alarm was at first felt by the settlers in the neighbouring town of Raglan, which has since subsided. Wellington, Ist August, 1870. Donald McLean.
No. 30. Copy of a DESPATCH from Governor Sir G. F. Bowen, G.C.M.G., to the llight Hon. Earl Graxville, K.G. (So. 101.) Government House, Wellington, My Lord, — . New Zealand, 20th August, 1870. I have the honor to transmit herewith a copy of a letter addressed to me by Commodore Lambert, reporting the proceedings of Her Majesty's ship 11 Blanche," which had been sent by him to the Auckland Islands (an uninhabited dependency of New Zealand), by order of the Lords Commissioners of the Admiralty, to search for supposed castaways, especially from the missing ship " Matoaka." 2. It will be seen that an expedition with a similar object has also been despatched under the auspices of the New Zealand Government; but no castaways have been found either at the Auckland or at the Bounty Islands (another uninhabited dependency of this Colony), which have also been recently visited by Her Majesty's ship " Rosario." 3. As several relatives and friends of the passengers in the missing ship "Matoaka" are resident in the United Kingdom and in New Zealand, the enclosed letter has, with Commodore Lambert's consent, been published here for general information. I would venture to suggest that it would be well to publish it also in England. I have, &c, The Right Hon. Earl Granville, K.G. G. F. BOWEN.
Enclosure in No. 30. Commodore Lambert to His Excellency tlie Govebnob. Sin,— H.M.S. " Challenger," Wellington, 4th August, 1870. I have the honor to acquaint your Excellency that H.M.S. "Blanche" arrived at Wellington yesterday evening from the Auckland Islands, where she had been to look for supposed castaways. Captain Montgomerie states in his report that no signs of castaways were discovered, but the schooner "Daphne" was met, having gone from the Bluff with an expedition formed under the auspices of the New Zealand Government, to search for a whale-boat and six persons (including the master and mate) who left the " Daphne " at Port Ross on the 19th May, to inspect the site of the wreck of the " General Grant," with the view of endeavouring at some period to recover the gold lost in that ship. The boat, not in good condition, left with four days' provisions for the six men, and has not since been heard of. On the 23rd July, Captain Montgomerie received on board the " Lmnche," from the schooner " Daphne," Mr. Thompson (Harbour Master of the Bluff), Mr. Gilroy (the late master of the brig ■"Amherst"), Mr. Maclure (a medical gentleman), one whale-boat and her crew, —stood towards the coast to the northward of the spot where the " General Grant " was lost, and stopped within half a mile of the actual spot, in eighty-five fathoms water. From the "Blanche" any portion of a boat or oar could have been distinguished, but not a vestige of either was scon. The only spot a human being could have found resting to stand upon was about a cable north of the scene of the wreck, but there was not a vestige of anything like a cave, as represented in accounts of the loss of the said ship ; tho coast showing a continuous wall of precipitous cliffs, without any break up which a man could ascend, unless assisted from the summit of the cliff. During the stay of the "Blanche" at the Auckland Islands, a gun was fired every night as a signal to any unfortunates that might be on the island in the neighbourhood of the ship ; fires were made almost every day ; and when the boats were away, fires were made at each place they landed. Captain Montgomerie states that he found the different depots in good order, with the exception of that at Cornley Harbour, where the case had been broken open, most of the necessaries for castaways removed, and the remainder left completely exposed to the weather. The depot was replenished with the undermentioned provisions, &C, from the "Blanche":— Biscuit, 120 lbs.; cocoa, 24 lbs. ; tea, 12 lbs.; preserved beef, 3G lbs.; sugar, 25 lbs.; blankets, 6 in number ; sail needles and twine. At Pig Point, Port Ross, a cask containing articles, including a gun, for the use of the castaways, that was seen last year under the tree, with the name " Victoria Colonial Steamer, &c," painted on it, has been removed. I have, <fee, His Excellency Sir G. I\ Bowen, G.C.M.G., Rowley Lamheet, Governor, <fee, &c, New Zealand. Commodore and Senior Officer.
NEW ZEALAND TO THE SECRETARY OF STATE.
27
A.—No. l.
Enclosure 1.
Enclosure 2. Commodore Lambert to Sir G. F. Bowen, August 1, 1870, with SubEnclosure.
No. 31. Copy of a DESPATCH from Governor Sir G. F. Bowen, G.C.M.G., to the Hight Hon. Earl Granville, K.G. (No. 102.) Government House, Wellington, My Lord, — New Zealand, 21st August, 1870. I have the honor to report that I lost no time in directing the attention of the Colonial Ministry to your Lordship's Despatch No. 8, of the 28th January ultimo, transmitting copy of a correspondence with Messrs. Josselyn and Sons, arising out of their request for information respecting a concession of the right of collecting guano on the Bounty Islands; and instructing me " that as these " islands are within the limits of the Colony of New Zealand, it will be for the " Colonial Government to take possession of them, should it think fit, if this has " not already been done." 2. The question of taking possession was referred by my Responsible Advisers to the Attorney-General of New Zealand, a copy of whose opinion is annexed. I was then requested to ask Commodore Lambert to send one of Her Majesty's ships under his command to the Bounty Islands, for the double purpose of taking possession, and of ascertaining if there were any castaways on them from the missing ship " Matoaka," as had been considered probable by some of the relatives of the passengers by that vessel. 3. With his usual zeal and alacrity in the public service, Commodore Lambert despatched Her Majesty's ship "Rosario" on this mission, and I now transmit a copy of his letter, forwarding to me Captain Palmer's report. 4. It will be seen that the Bounty Islands are merely a group of almost inaccessible rocks, and that it is not probable that there is much guano upon them. In reply to the application made by Messrs. Josselyn, the Colonial Government has thought it right to acquaint them with the real state of the case, and to send them a copy of Captain Palmer's report. I apprehend that the Colonial Government will always be glad to give leases on easy terms to mercantile firms or other persons willing to maintain establishments on the uninhabited dependencies of New Zealand; for, in addition to other considerations, the cause of humanity, in the event of shipwrecks thereon, would he greatly benefited by such establishments. I have, &c, The Right Hon. Earl Granville, K.G. G. F. BO WEN.
Enclosure 1 in No. 31. Opikiox of the Attorney-General of New Zealand as to concession of Eight of Collecting Guano on the Bounty Islands. I am disposed to think that the safest course will be to have possession formally taken and such act ratified by the Crown as previously authorized. I think it very questionable whether the Act of the Imperial Parliament could, should a question ever be raised with a Foreign Power, vest the territory in the Crown of England, no possession having been taken on behalf of the Crown —certainly none followed by occupation. However, if no vessel of war is likely to visit the islands so as that possession may be first taken, then I think the concession may be granted, it being a condition that he shall within a reasonable time make use of the grant. And the grantee authorized by Commission from the Crown to take possession of the islands in the name of the Crown. I think, therefore, that the writer should be informed on* what terms the concession will be granted. A concession for a similar purpose was granted for the Auckland Islands. The question also as to the necessity for a Commission from the Crown to take possession, or for a ratification by the Crown of any act done under such authority of the Governor in taking such possession, should, I think, be brought before the Secretary of State for the Colonies. The Law Advisers to the Admiralty seem to me, in the opinion given by them on the matter, and attached to the Despatch above referred to, rather to avoid giving any definite opinion, but to intimate that there is no necessity for taking possession of these islands, and they would, I assume, found that opinion on the effect of the Imperial Act adding the islands to New Zealand. That Act probably is conclusive on all subjects of the Crown ; the question however is, whether it would be held as sufficient as between Great Britain and Foreign Powers. It is hardly likely any question will be raised, —the islands are I suppose scarcely habitable. However, I am not aware of any rule recognized by the Law of Nations by which such islands as these, situate in the open sea, at a distance of nearly 300 miles from the nearest part of the Chatham Islands, and considerably oyer 300 miles from the nearest part of the principal islands of New
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DESPATCHES FROM THE GOVERNOR OF
Zealand, can be annexed by the Parliament of Great Britain to the dominions of the Crown without possession taken. James Prendeegast, To the Hon. the Colonial Secretary. Wellington, 17th May. 1870.
Enclosure 2 in No. 31. Commodore Lambert to His Excellency the Goyemtob. Sib ,— H.M.S. " Challenger," at Wellington, Ist August, 1870. With reference to your Excellency's letter of 30th May last, I have the honor to transmit herewith, for your information, a copy of Captain Palmer's report of proceedings on the visit of H.M.S. " Eosario," under his command, to the Bounty Islands, last month. I have, &c, Eowlet Lambebt, His Excellency Sir G. F. Bowen, G.C.M.G. Commodore and Senior Officer.
Eepoet of Proceedings. Sib,— H.M.S. " Eosario," Wellington, New Zealand, 13th July, 1870. In accordance with your orders, I left Auckland on the 29th of June for the Bounty Islands, but owing to the weather coming on thick, with a strong head-wind, I anchored for the night in Tofino Bay. I weighed on the following morning, and experienced strong westerly winds until the evening of the 4th July, when a heavy gale sprang up from the S.W., which obliged me to lie to for thirty-six hours, during which time the second cutter was stove by a sea, and several feet of the port waist hammock netting washed away. On the forenoon of the 6th, the wind moderating and being again west, I made sail, and on the Bth got up steam, so as to insure sighting the Bountys before dark, as their position was uncertain. We made them at 3.15 p.m., bearing N.E. by E. |E., on the same day, and hove to at sunset, trying for soundings at 110 fathoms, the centre of the islands bearing N.E. by E.^E. about twelve miles. At daylight, stood in for the islands under steam; wind light, with heavy ocean swell from the southward. Fired guns at intervals to attract attention, but on approaching nearer to them I soon saw how hopeless was our chance of finding any traces of the missing ship " Matoaka," for these rocky islets are perfectly barren, destitute of any covering, and exposed on every side to the fury of the sea, which breaks heavily and incessantly upon them. Even during the comparatively calm forenoon we experienced, the sea was observed to dash completely over many of them, sending clouds of spray over nearly the highest. There was a blow-hole in one of the Western islets through which the water and spray was forced upwards of 300 feet high. This dangerous group of rocks extends 3f miles East and West, and about H mile North and South, about twenty in number (counting large and small), and divided into two clusters with apparently a clear passage between them. Landing was quite impracticable, and I doubt if, even in the calmest summer day, a footing could be obtained. At 8.30 a.m. -t- x islet N.E. by E. from two to three miles, sounded in 87 fathoms, white sand and pebble. Observed a sunken rock S.S.E. breaking heavily. Altered course and stood out. At 9.30 a.m. sounded in 98 fathoms, white sand and shells, the centre of the islets bearing N.E. by E.£E. 4£ miles. When the peak of Eastern islet bore N.E.|E., a base of 32 miles E. by N. was run with the patent log, until the same peak bore N.N.W.|W., and the usual angles for distance and height being taken, we found the ship 2 2 miles from it, in 84 fathoms, yellow sand and shell. Height of peak being 280 feet. (Sketches taken.) The sunken rock observed breaking to the southward bears S.|W. from the Western islet, and S.W.iS. from the Eastern one, and about three miles from the main group. We also observed the breakers reported by Captain Norman, of the Colonial steamer "Victoria," in November, 1865, from three to four miles to the westward. Since leaving Auckland we were fortunate in obtaining good observations every forenoon, noon, and afternoon, and were consequently enabled to determine accurately the position of these dangerous rocks, namely, latitude 47° 46' 24" S., longitude 178° 56' 45" E. Highest islet (easternmost one), 280 feet. At noon, having brought up bottom, I took possession of them in the name of Her Most Gracious Majesty, hoisting the colours, and reading a proclamation to the officers and ship's company to that effect, and declared them duly annexed to Her Majesty's Colony of New Zealand. Steamed round to leeward, and at 12.30 p.m. got soundings at 89 fathoms, white sand and shell, the Eastern islet bearing S.W.|S. 2^ miles. At 1.15 p.m. sounded again in 93 fathoms, water-worn granite and shells, the +- x of islets bearing S.E.ijS. and the -+ South. Owing to the geographical position of these islets, I was by no means surprised when no traces of the guano deposits said to exist here were observed, and it was noticeable that an extremely small number of sea birds were to be seen, either on the rocks or flying about. Two large schools of black fish were seen in the immediate neighbourhood of the islets, together with large patches of kelp. At 1.20 p.m. shaped a course for Cape Campbell, and lost sight of the Bountys at 4.30 p.m. On the 10th, at 8.30 a.m., a S.W. gale springing up, I made sail, and at 9 p.m. on the 11th sighted Pencarrow Light, and anchored in Port STicholflon at 1 a.m. on the 12th July. I have, &c, Commodore Rowley Lambert, C.8., A D.C., Geo. Palmee, Senior Officer, H.M.S. " Challenger." Captain.
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Appendix to Journals of 11. of R., 1870, A.— No. Bd.
See enclosed Papers, page 100.
Bt* enclosed Papers, page 94.
PROCLAMATION. I, George Palmer, Captain in Her Britannic Majesty's Navy, and at present commanding Her Majesty's Ship " Eosario," do hereby make known to all whom it may concern, that by virtue of an order from Commodore Eowley Lambert, C.8., A.D.C., commanding Her Majesty's Ships in these seas, I have this day taken possession of the Bounty Islands, in the name and on behalf of Her Most Gracious Majesty Victoria, by the grace of God, of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith, &c, and I do hereby declare the said Bounty Islands to be annexed to Her Majesty's Colony of New Zealand. God sa^e the Queen ! Given under my hand, this ninth day of July, one thousand eight hundred and seventy, off the Bounty Islands. Geo. Palmee, Captain of H.M.S. " Eosario."
No. 32. Copy of a DESPATCH from Governor Sir G. F. Bowbn, G.C.M.G., to the Right Hon. Earl Granville, ICG. (No. 104.) Government House, Wellington, My Loud, — New Zealand, 24th August, 1870. The English mail via Suez will close at Wellington this day, and I take advantage of it to transmit a further Parliamentary Paper showing the recent " Military Operations against the Rebel Natives," since the date of my Despatch No. 97, of the 3rd instant, sent by the last mail via San Erancisco. 2. It will he seen from the enclosed correspondence* that the raid on the settlement of loyal Natives at Tologa Bay, on the East Coast of this Island, (reported in the above mentioned Despatch,) was headed by Te Kooti in person; and that he afterwards narrowly escaped capture or destruction by the detachment of the Colonial Eorces sent in pursuit of him under Captain Porter. One of Te Kooti's many "wives," (that is, of the Native women whom he carries off in his raids,) effected her escape from him on this occasion. Her statement (recorded at page 100 of the enclosure) is curious. The latest intelligence of importance which Mr. McLean has received up to this date is contained in the telegram from Mr. Locke, the Resident Magistrate at Napier, dated Bth August. It will be perceived that the loyal chief Ropata has started with 103 of his clansmen in pursuit of Te Kooti, who appears to have now only fifty-five men with him, and who has probably again retreated to the almost inaccessible fastnesses of the Urewera Mountains. Ropata says he will follow Te Kooti, " and live as he (Te Kooti) " does," {i.e., chiefly on wild pigs, and the berries and roots of Native plants,) " until he catches him." It will be remembered that most of the loyal Maoris, men, women, and children, whom Te Kooti has cruelly murdered in cold blood at Poverty Bay and elsewhere, belonged to Ropata's clan, the Ngatiporous. 3. The general condition of affairs on the East Coast may be partly gathered from the interesting and graphic report addressed to the Defence Minister from Opotiki by Ropata himself on the 26th July ultimo, and of which a translation from the original Maori will be found in the accompanying papers. As I have already mentioned elsewhere, Mr. McLean and I will again visit the East Coast so soon as the close of the Session of the New Zealand Parliament, and the state of public business at the seat of Government, enables us to leave Wellington. 4. The remainder of the Colony continues tranquil. The Parliament is steadily getting through a large amount of work, and the Session will probably end in about a fortnight from this date. 5. In the present somewhat unsettled state of the communications to and from New Zealand, I shall continue to report to your Lordship both via Suez and via San Erancisco, sending by one route duplicates of the Despatches forwarded by the other; and I would recommend that duplicates of at least the most important of the communications from the Colonial Office should also be forwarded in the same way. I request instructions as to whether my Despatches sent by Suez should be marked via Marseilles or via Brindisi. I have, &c, The Right Hon. Earl Granville, K.G. G. F. BOWEN. * See especially Captain Porter's letters to the Defence Minister (Mr. McLean), of 2Gth and 2Sth July and 2nd August. Also Major Westrup'e and Mr. Richardson's letters of 2nd August and 28th July, and Mr. Locke's report of Bth August. 8
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Memo, by Mr. Gieborne, August 29, 1870, with 5 fiib-euclosures.
Vide Appendix to Journals H. of R., 1870, D.—No. 27.
No. 33. Copy of a DESPATCH from Governor Sir G. E. Bowen, G.C.M.G., to the Right Hon. Earl Guanville, K.G. (No. 105.) Government House, Wellington, My Lord, — ' New Zealand, 30th August, 1870. I have the honor to transmit the annexed Ministerial Memorandum (with enclosure), furnishing the information required in your Lordship's Despatch No. 32, of the 24th March ultimo, respecting any further claims of the Government of New Zealand on account of the maintenance of Military prisoners in the Colonial gaols. I have, &c, The Right Hon. Earl Granville, K.G. G. F. BOWEN. .
Enclosure in No. 33. Mkmoeandtjm by Mr. Gisbobne. The particulars required in Earl Granville's Despatch No. 32, of the 24th March, 1870, relative to the further claim of the Colony for the maintenance of Military prisoners, are forwarded herewith for His Excellency's information. It will be observed that, the claims amount to the sums respectively of £2 10s., and £9 9s. A further sum of £6S 7s. Bd. is due to the Colony for the maintenance of Naval prisoners for the same period. The amount payable on account of these further claims is £S0 (ss. Bd. Wellington, 29th August, 1870. W. Gisbobne. [Sub-Enclosures sent in original.]
No. 34. Copy of a DESPATCH from Governor Sir G. E. Bowex, G.C.M.G., to the Eight Hon. Earl Granville, K.G. (No. 106.) Government House, Wellington, My Lord, —■ New Zealand, 31st August, 1870. I have the honor to transmit herewith, for the information of the Ilydrographical Department of the Admiralty, copies of the " Report by the Board appointed to Report upon the Longitude of Wellington, and of other parts of New Zealand, in relation to the Initial Longitude of Wellington." I have, &c, The Right Hon. Earl Granville, K.G. G. E. BO WEN.
No. 35. Copy of a DESPATCH from Governor Sir G. P. Bowbn, G.C.M.G., to the Right Hon. Earl Granville, K.G. (No. 107.) Government House, Wellington, My Lord, — New Zealand, 3rd September, 1870. I have the honor to report that, on the 27th August ultimo, Captain His Royal Highness the Duke of Edinburgh arrived, in Her Majesty's Ship " Galatea," at Wellington from the Cape of Good Hope. At the same time there arrived also Her Majesty's ship " Clio," under the command of Captain Stirling, R.N., who is to relieve Captain Lambert, R.N., as Commodore on the Australian station. 2. Captains Lambert and Stirling inform me that they are reluctantly obliged to send the " Galatea" to Sydney, to be put into dock there, as that vessel is in urgent need of certain repairs. The above mentioned officers will, I presume, report all the circumstances of the case, and the probable future movements of the Duke of Edinburgh, to the Lords Commissioners of the Admiralty. I understand that after the necessary repairs are finished, the " Galatea " will cruise among some of the South Sea Islands, in connection with the suppression of the illegal (iCpux iation of Natives, and will afterwards visit Auckland, in this Colony, about the middle of next December. The official visit of the Duke of Edinburgh to New Zealand last year (as I reported fully at the time), made a very favourable
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impression alike on the Europeans and on the Natives, and His Royal Highness was heartily welcomed on his return to this Colony by all classes of the community. On the present occasion he is employed, and desires to be treated, " like any " ordinary Captain of a ship of Avar." 3. The " Galatea " and " Clio" sailed for Sydney this day. Commodore Lambert will sail for England in Her Majesty's ship " Challenger " in a few days. He and his officers were entertained at a farewell ball on the Ist instant at Wellington. Nearly all the Members of the Colonial Parliament, and the principal inhabitants of this part of the Colony were present; and His Royal Highness the Duke of Edinburgh and I were among the invited guests. The party was very successful. I have, &c, The Right Hon. Earl Granville, K.G. G. F. BOWEN.
No. 36. Copy of a DESPATCH from Governor Sir G. F. Bowen, G.C.M.G., to the Right Hon. Earl Geanvtlle, K.G. (No. 108.) Government House, "Wellington, My Lord, — New Zealand, 3rd September, 1870. The mail via San Francisco closes at Wellington this day, and I have the honor to transmit copies of the enclosed Parliamentary and Official Papers, issued during the past month, in continuation of those forwarded on several previous occasions. (1.) The New Zealand Hansard, Nos. 8 to 11. (2.) Third Report of the Commission of Inquiry into the Condition and Nature of Trust Estates for Religious, Charitable, and Educational Purposes. (3.) Further Correspondence relative to the Construction of Roads in the North Island. (4.) Further Correspondence from the New Zealand Commissioners respecting the Guarantee to a Loan of a Million. (5.) Correspondence between the Government and Maori Chiefs. (6.) Correspondence relative to the Construction of Light Railways. (7.) Papers relating to Survey of Native Reserves in the Provinces of Otago and Southland. (8.) Second Annual Report of the Governors of the New Zealand Institute. (9.) First Report of the Botanic Garden Board. (10.) Eleventh Report on the Postal Service of New Zealand. (11.) Further Papers relative to Conveyance of Mails via Suez. (12.) Further Papers relative to the San Francisco Mail Service. (13.) Sixth Annual Report on the Working and Progress of the New Zealand Telegraph Department. 2. With respect to the general progress of events in New Zealand, I have little to add at present to the information reported ten days ago, in my Despatch No. 104, of the 24th August ultimo, sent by the mail via Suez. The loyal chief Ropata has been stopped in his pursuit of To Kooti by floods in the rivers; but he intends to organize an expedition of his clan (the Ngatiporous) to follow up the pursuit so soon as the improved state of the weather will enable him to penetrate the fastnesses of the mountains near the East Coast, in which the rebel bands have taken refuge. The rest of the Colony continues tranquil. 3. The Maori chiefs who sit in the Colonial Parliament as representatives of their countrymen, warmly support the policy of the Government in borrowing large sums of money for employing the Natives on railways and other reproductive public works in the interior, and believe that this measure will tend to conciliate the disaffected, as well as to confirm the loyalty of the friendly clans. The Government is also pushing on the electric telegraph through the North Island as rapidly as prudence will permit; and it is hoped that ere long Auckland and Taranaki will be thus connected with Wellington. This has hitherto been impossible, owing to the hostility of the adherents of the so-called Maori king. I have, &c.j The Right Hon. Earl Granville, K.G. G. F. BOWEN.
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DESPATCHES FROM THE GOVERNOR OP
■Superintendent of Otago to Mr. ■Gisborne, AugUßt 18, 1870.
Enclosure 1. Mr. Stafford to the "Colonial Secretary of N. Z., May 17, 1870. Enclosure 2. Mr. Richmond to the Colonial Secretary ■of N. Z., April 16, 1870. Enclosure 3. Mr. Stafford to the GoTCrnorofN. Z., August 2, 1870.
No. 37. Copy of a DESPATCH from Governor Sir G. F. Bowen, G.C.M.G., to the Right Hon. Earl Grakville, K.G. (No. 109.) Government House, Wellington, My Lord, — New Zealand, 3rd September, 1870. At the request of my Constitutional Advisers, I have the honor to forward herewith a copy of a letter addressed to the New Zealand Government by the Superintendent of the Province of Otago, stating the dimensions of the new Graving Dock which is rapidly approaching completion at Port Chalmers, in this Colony. I have transmitted another copy of this letter to Commodore Lambert. 2. I understand that the harbour of Port Chalmers will be improved, and that the new dock will be available for vessels of considerable size, and will generally obviate for the future the necessity of sending to Sydney ships requiring repairs. I am requested to move your Lordship to cause copies of this Despatch and of the enclosure to be sent to the Admiralty and to the Board of Trade, for the information of those departments, and of the shipping interest generally. I have, &c, The Right Hon. Earl Granville, K.G. G. F. BOWEN.
Enclosure in No. 37. The Superintendent of Otago to the Colonial Secretary. Sin,— Wellington, 18th August, 1870. With a view to its becoming generally known that vessels of Her Majesty's uavy, as well as of the mercantile marine, frequenting these seas, can be docked and repaired in New Zealand, 1 have the honor to request that His Excellency the Governor may be advised to call the attention of the Lords Commissioners of the Admiralty to the Stone Graving Dock now rapidly approaching completion at the Port of Otago, the dimensions of which are as under:- — ft. in. Depth of water at dock sill, ordinary tides ... ... ... 19 6 „ „ springtides ... ... ... 21 0 „ „ neap tides ... ... ... 17 (> Length of dock ... ... ... ... ... 3.30 0 Width above ... ... ... ... ... 68 0 Width below ... ... ... ... ... 41 0 Width where xhips bil<*e would be ... ... ... ... -13 0 I may add that the dock will be ready to take in vessels in January, 1871. I have, &c., The Hon. the Colonial Secretary, Wellington. J. Macandrew, Superintendent of Olago.
No. 38. Copy of a DESPATCH from Governor Sir G. F. Bowbk, G.C.M.G., to the llight Hon. Earl Granville, K.G. (No. 110.) Government House, Wellington, My Lord, — New Zealand, 4th September, 1870. I have been requested to transmit to your Lordship, in the terms of the Colonial Regulations, (Chapter VII., section 6,) the enclosed correspondence respecting the title of " Honorable " which Her Majesty has been graciously pleased to allow various Colonial Ministers to retain, within certain limits, after their resignation of office. 2. Upon the retirement of Mr. Stafford and his colleagues in 1869, I asked them, in conformity with the practice established for many years past in the Australian Colonies, if they wished to be recommended for permission to retain the title of " Honorable." On receiving a reply in the affirmative, I submitted their names accordingly in my Despatch No. 121, of the 18th September ultimo. 3. In youi* Lordship's answer, No. 130, of the 13th December ultimo, it was stated, in the form used in similar cases in other Colonies, " that the Queen has " been graciously pleased to approve of those gentlemen (viz., Messrs. Stafford, " Pitzherbert, Hall, Richmond, and Colonel Ilaultain,) retaining the title within " New Zealand."
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4. Copies of the last mentioned Despatch were, in the customary manner, communicated to the above named gentlemen, through the Colonial Secretary ; when Mr. Stafford and Mr. Richmond wrote the annexed letters (enclosures I and 2), signifying that they respectfully " declined the distinction offered, in " consequence of the limitation assigned to it," and for the other reasons stated by themselves. 5. I pointed out in writing to the Colonial Secretary, and verbally to Messrs. Stafford and Richmond, that the two latter gentlemen appeared to have been under some misapprehension of the case when they respectively addressed their letters of the lGth April and 17th May (enclosures 1 and 2) to the New Zealand Government. I remarked that the title of "Honorable" conferred on certain Colonial functionaries is a local distinction while the holders are in office, and would seem, not unnaturally, to remain so after their resignation ; further, that there was nothing special with regard to New Zealand in what had been done in this matter, for the local limitation takes effect also in the Australian Colonies. I added that, by the 158 th article of the Colonial Regulations, it would be seen that a similar principle appeared to be in force throughout the Empire, for " persons entitled to precedence in the United Kingdom or in " Foreign Countries, are not entitled, as of right, to the same precedence in the " British Colonies." 6. After consultation with Mr. Richmond and his other former colleagues, and on their part as well as on his own, Mr. Stafford addressed to me the letter of the 2nd ultimo (enclosure 3), in which he withdraws the letters to the Colonial Secretary of the 16th April and 17th May ; accepts the honor conferred upon himself and his " friends ; and requests me to convey their acknowledgments to Her Majesty and Her " Government." It will be seen that he adds the following general observations, which he requests me to bring under the notice of Her Majesty's Government:—"We " do not contend that honors attaching to local official rank should give a special " precedency outside of the sphere of the office to which they attach; but it is in " our judgment natural and politic that permanent honors conferred by the " Sovereign on Colonists in recognition of services, should have currency through- " out the Empire. The limitation to the Colony of the right to any personal title " of honor held by a Colonist, at the same time that distinctions held by subjects " domiciled in Great Britain can claim recognition throughout the Empire, appears " invidious and tends to weaken that sentiment of loyalty to the throne and to a " common nationality which is now the principal bond of union for many Colonies. " It is not the local limitation which is objectionable, but the invidious distinction " it implies. " While we should be sorry to intrude our personal claims, or to suffer any " undue sensitiveness to influence us in such a matter, we feel it to be our duty " most respectfully to record this our strong and unanimous conviction, and to " request your Excellency to take an early opportunity of bringing it under the " notice of Her Majesty's Government in Great Britain." 7. It will be remembered that the principle for which Mr. Stafford contends is, virtually, the same as that recently contended for by so high an authority as Mr. Herman Merivale in his article on the " Colonial Question," published in the Fortnightly Seview of February 1870, where he wrote:—"Let philosophers " deem of it as they may, the bestowal of public honors affords one of the noblest " incentives to public virtue which the community has it in its power to furnish. " And the feeling of possessing such honors in common would be specially con- " ducive to that sense of national unity which we wish to foster. We seem, in my " humble opinion, to have thrown this advantage, which was within our reach, II deliberately away. We have created a Colonial order of knighthood, as if to give " express sanction to the doctrine attributed to us by the discontented, that the " Mother Country and Colonies are not to be classed together. Every honor which " the Crown can bestow should be Imperial, in my opinion, and open to every " subject of the Crown, in all its dominions peopled by Englishmen." 8. It appears to be felt in the principal self-governing Colonies that the question of Imperial honors has obtained even greater importance than it had before, since the recent withdrawal of the Imperial Troops has severed the other 9
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DESPATCHES FROM THE GOVERNOR OE
most tangible and conspicuous link of national unity. lam aware, however, that this matter is surrounded with many difficulties; and, at present, I simply (as requested by Mr. Stafford) submit the enclosed correspondence for your Lordship's consideration. I have, &c, The Right Hon. Earl Granville, K.G. G. P. BOWEN.
Enclosure 1 in No. 38. Mr. E. W. Stafford to the Colonial Secretary. Sin,— Nelson, 17th May, 1870. I have the honor to acknowledge the receipt of your letter of the 26th March, enclosing a copy of a Despatch from Her Majesty's Principal Secretary of State for the Colonies, of the 13th December last, intimating that the Queen has been graciously pleased to approve of my retaining the title of Honorable within New Zealand. My absence from home has prevented my sooner noticing your letter. I have to express my thanks to His Excellency for having, unsolicited, recommended that a distinction should be conferred on my late colleagues and myself, and I am duly sensible of the appreciation of my public services expressed by Her Majesty's Secretary of State. I beg, however, to decline the distinction offered, in consequence of the limitation assigned to it. When a distinction is conferred for public services by the Imperial Government, it would appear to follow as a necessary corollary that it should be recognized throughout the Empire: any limitation of an Imperial distinction, when conferred on a Colonist, would consequently be capable of being construed as a slight alike to the person and the Colony with which he is connected. As I cannot consent to sanction, by any act of mine, what may have the appearance of a slight to New Zealand or to myself, I am unable to accept the distinction in question. I have, Ac, The Hon. the Colonial Secretary, Wellington. E. W. Stafford.
Enclosure 2 in No. 38. Mr. J. C. Richmond to the Colonial Secretary. Sir,— Nelson, 16th April. 1870. I have the honor to acknowledge your letter of the 2Gth March, enclosing a copy of a Despatch from the Right Hon. Earl Grauville to His Excellency the Governor, informing him that Her Majesty has been graciously pleased to allow me, v one of the late Ministry of New Zealand, to retain the title of Honorable within New Zealand. I have to request that His Excellency may be advised to accept on behalf of the Imperial Government the acknowledgment due on my part for the honor conferred. I must at the same time most respectfully decline to avail myself of the permission so graciously accorded, on the ground of its local limitation. I am not insensible of the value of such distinctions, but I think that honors conferred by the Imperial Government should have currency throughout the Empire. I should take pride in a local honor conferred by the local Government, however narrow the limit of its authority, if I knew it had been conferred with the approbation of the country ; but the same distinction conferred by the advice of the Colonial Office, London, implies, along with an honor to myself, a policy towards the Colonies and a slight upon the people of this country from which 1 entirely dissent, and to which I am not willing to be, in the remotest degree, a party. I have, <fee, The Hon. the Colonial Secretary, Wellington. J. C. Richmond.
Enclosure 3 in No. 38. Mr. E. W. Stafford to His Excellency Sir G. F. Bowks, G.C.M.G. Sib,— Wellington, 2nd August, 1870. In consequence of several conversations with your Excellency on tlie subject of Earl Granville'a Despatch No. 130, of 13th December, 18G9, intimating that Her Majesty had been graciously pleased to approve that my late colleagues and myself should retain the title of " Honorable " for life within New Zealand, I now ask leave on behalf of Mr. Richmond and myself to withdraw our letters to the Colonial Secretary of the 16th April and 17th May respectively, in which, for reasons assigned therein, we declined the honor in question. Your Excellency has intimated to us that having, by implication, accepted your Excellency's offer to recommend us for the honor, it would be looked upon as discourteous were we now to decline it in consequence of its limitation to New Zealand. This would place all concerned in a false position, and be a matter of great regret to us. I now, therefore, on the part of my late colleagues and myself, accept the honor, and request your Excellency to convey our acknowledgments to Her Majesty and Her Government. In doing so, I desire to offer the following remarks in explanation of the view under which Mr. Eichmond and myself wrote the letters we now ask leave to withdraw, —a view in which we all concur. Whilst we are informed by your Excellency that the local limitation attached to the honor ■conferred on us is in conformity with precedents in other Colonies, we adhere to the opinion that such a practice in relation to honors awarded to Colonists differs from that observed as respect Her Majesty's subjects in other portions of the Empire. To use an illustration employed by your Excellency, a Peer of the United Kingdom travelling in the Colonies has possibly no precedence by right, whatever he may have by courtesy, over certain high officers of the local Government; but with respect to all
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Enclosures i and 2to Journals IT. 0 fK,,D.—N0.23.
other persons, he can claim the precedence due to his rank in the United Kingdom. It may also bo observed that an English Privy Councillor, whose position is relatively analogous to that of a New Zealand Executive Councillor, and a Peer of Ireland (who has no official position), can claim to have their titular rank recognized in any part of the Empire. We do not contend that honors attaching to local official rank should give a special precedency outside of the sphere of the office to which they attach, but it is in our judgment natural and politic that permanent honors conferred by the Sovereign on Colonists in recognition of services, should have currency throughout the Empire. The limitation to the Colony of the right to any personal title of honor held by a Colonist, at the same time that distinctions held by subjects domiciled in Great Britain can claim recognition throughout the Empire, appears invidious, and tends to weaken that sentiment of loyalty to the Throne and to a common nationalty which is now the principal bond of union for many Colonies. It is not the local limitation which is objectionable, but the invidious distinction it implies. While we should be sorry to intrude our personal claims, or to suffer any undue sensitiveness to influence us in such a matter, we feel it to be our duty most respectfully to record this our strong and unanimous conviction, and to request your Excellency to take an early opportunity of bringing it under the notice of Her Majesty's Government in Great Britain. I have, &c, His Excellency Sir Q-. F. Bowen, G.C.M.G. E. W. Stafford.
No. 39. Copy of a DESPATCH from Governor Sir G. E. Bowen, G.C.M.G., to the Right Hon. Earl Gbanville, K.G. (No. 111.) Government House, Wellington, My Lord, — New Zealand, sth September, 1870. I have the the honor to transmit herewith six copies of Statistical Tables, in anticipation of the annual volume of the Statistics of New Zealand for the year 1869. 2. Prefixed is the Report of the Registrar-General for publication in the Blue Book, showing the general condition of the British Colonies, annually presented to the Imperial Parliament. I have, &c, The Right Hon. Earl Granville, K.G. G. E. BOWEN.
No. 40. Copy of a DESPATCH from Governor Sir G. E. Bowen, G.C.M.G., to the Right Hon. Earl of Kimberley. (No. 114.) Government House, Wellington, My Loud, — New Zealand, 17th September, 1870. I have the honor to acknowledge the receipt yesterday of the Circular Despatch of the 7th July ultimo, informing me that Her Majesty had been pleased to intrust to your Lordship's care, as one of the Principal Secretaries of State, the Seals of the Colonial Department. I have, &c, The Right Hon. Earl of Kimberley. G. F. BOWEN.
No. 41. Copy of a DESPATCH from Governor Sir G. E. Bowen, G.C.M.G., to the Ri<?ht Hon. Earl of Kimberley. (No. 115.) Government House, Wellington, My Lord,— New Zealand, 18th September, 1870. In continuation of the very full information respecting the Maoris, transmitted with my Despatch No. 22, of March 17th, 1868, and in a long series of subsequent reports, I have now the honor to forward two recently published sketch maps of the North Island of New Zealand, carefully prepared by the ~. 5, i n i •i ~. i 1 • direction ot the Colonial Government, and showing, — 1. The Native tribal boundaries, topographical features, confiscated lands, military and police stations, &c. 2. Approximately, the loyal and rebel districts, from the commencement of the Taranaki war, in 1860, to May, 18G9; also, the proportion of Natives in eacli district who have joined in the rebellion. I have, &c, The Right Hon. Earl of Kimberley. G. F. BOWEN.
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36
DESPATCHES FEOM THE GOVEENOE OF
Vide Journals of tlio L. C. and 11. of R., 1870, p. 189.
No. 42. Copy of a DESPATCH from Governor Sir G. F. Bowen, G.C.M.G., to the Right Hon. Earl of Kimberley. (No. 116.) Government House, Wellington, My Lord, — New Zealand, 19th September, 1870. I have the honor to transmit herewith copies of the Speech with which, by the advice of my Ministers, I closed, on the 13th instant, the Session for 1870 of the New Zealand Parliament. 2. The prorogation had been delayed for a few days, as it was expected that the English mail of this month might possibly bring copies of the Act passed by the Imperial Parliament to guarantee a loan of a million sterling to this Colony, as announced by your Lordship's predecessor; and that special legislation on this subject might be required from the New Zealand Parliament. However, on the arrival of the mail, it was found that copies of this Act cannot well be received here for some time to come ; when, as the Members of both Houses were impatient to return to their homes in the several Provinces, the prorogation took place, but only until the 11th of next month (October). It will be renewed for short periods, so that the Legislature can easily be convoked in case of need from the above mentioned cause, or from the United Kingdom unfortunately becoming involved in the war now raging in Europe, and from a necessity consequently arising to take immediate measures for the defence of this Colony from possible foreign attack. Under ordinary circumstances, the Session just ended will be the last of the present Parliament, which will expire by effluxion of time in the early part of 1871, having been elected for five years in 1866. 3. I hope to forward by the mail via San Francisco, copies of the Acts passed this year, together with the customary synopsis, or report from the AttorneyGeneral ; also, any Parliamentary Papers not yet sent home; and copies of the New Zealand Hansard, in continuation of the numbers already forwarded. 4. A very large amount of public business has been transacted during the recent Session. If the important measures passed with the object of promoting Immigration and Public Works ; for Defence ; for the education and employment of the Maoris; and for other Native Purposes, are wisely and prudently administered by successive Ministries, they will probably secure the internal jieace, and greatly advance the prosperity of this country. 5. The Prorogation Speech expresses fairly the opinions on the actual condition of the affairs of New Zealand, entertained by the present Ministry and by a large majority of the Parliament; and I concur, generally, with those opinions. I have, &c, The Right Hon. Earl of Kimberley. G. F. BOWEN.
No. 43. Copy of a DESPATCH from Governor Sir G. F. Bowbn, G.C.M.G., to the Right Hon. Earl of Kimbebxey. (No. 117.) Government House, Wellington, Mr Lord, — New Zealand, 20th September, 1870. I have the honor to state that the Colonial Ministers and AttorneyGeneral entirely concur with your Lordship in the opinion that New Zealand should not he excluded from the operation of the proposed Bill for amending the law relating to the extradition of criminals, of which a draft was transmitted with the Circular Despatch of the sth July ultimo. I have, &c., The Right Hon. Earl of Kimherley. G. F. BOWEN.
NEW ZEALAND TO THE SECRETARY OE STATE.
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A.—No. 1.
Memo, by Mr. GHsborne, Sep. 20, 1870.
No. 44. Copy of a DESPATCH from Governor Sir G. F. Bowen, G.C.M.G., to the Right Hon. Earl of Kimberley. (No. 118.) Government House, Wellington, My Lord, — New Zealand, 21st September, 1870. At the request of my Constitutional Advisers, I have the honor to state that a considerable trade is springing up between New Zealand and the Hawaiian Islands, especially since the recent establishment of a monthly line of steamers between Sydney and San Francisco, calling at Auckland and Honolulu. There was formerly an Hawaiian Consul at Auckland, in the person of Mr. Bain, an English resident there ; but that gentleman died some years ago, and he has not been replaced. It appears (as I am informed) that the absence of a Consul's certificate to invoices involves an additional duty of 2^ per cent, ad valorem on goods sent to Hawaiian ports. Under these circumstances, I have been solicited to express the desire of the New Zealand Government that another Hawaiian Consul should be appointed at Auckland. 2. I beg to recommend this question to your Lordship's favourable consideration. I apprehend that all applications of this nature from a Colony should be addressed to the Secretary of State for the Colonies, who will, if he shall think proper, communicate with the Foreign Office on the subject. I have, &c, The Right Hon. Earl of Kimberley. G. F. BOWEN.
No. 45. Copy of a DESPATCH from Governor Sir G. F. Bowen, G.C.M.G., to the Right Hon. Earl of Kimberley. (No. 120.) Government House, Wellington, My Lord, — New Zealand, 23rd September, 1870. I lost no time in referring to my Responsible Advisers the Circular Despatch of the Ist June ultimo, transmitting the draft of a proposed Bill respecting copyright. 2. I have now the honor to report that the Ministers and the AttorneyGeneral of New Zealand see no objection to this Bill, and have no suggestions or observations to make on the question of copyright. I have, &c, The Right Hon. Earl of Kimberley. G. F. BOWEN.
No. 46. Copy of a DESPATCH from Governor Sir G. F. Bowen, G.C.M.G., to the Right Hon. Earl of Kimberley. (No. 121.) Government House, Wellington, My Lord, — New Zealand, 23rd September, 1870. With reference to Lord Granville's Despatch No. 48, of the 19th May ultimo, I have the honor, at the request of my Responsible Advisers, to transmit herewith a Ministerial Memorandum, and a draft for five thousand pounds, in part payment of the contribution due from New Zealand on account of the mail service via Suez. I have, &c, The Right Hon. Earl of Kimberley. G. F. BOWEN.
Enclosure in No. 46. Memoeandum by Mr. Gisbobite. In the Report of the Receiver and Accountant-General of the Imperial Post Office, received with the Secretary of Stale's Despatch dated 19th of May, 1870, No. 48, the estimate of the amount to be contributed by New Zealand for Post Office Packet Service via Suez, to the 31st December next, is £20,304 3s. 6d. From this has to be deducted a sum of £749 Gs. remaining to the credit of the Colony on the 31st December, 1869, as acknowledged by the Secretary to the General Post Office, in his letter to the Postmaster-General, New Zealand, dated 4th June, 1870, No. 112, 949-69, leaving a balance to be provided for of £25,554 17s. 6d. The Secretary of State requests that half this amount may be remitted as soon after the 39th June as possible. 10
A.—2fo. 1.
38
DESPATCHES FROM THE GOVERNOR OF
Enclosure 1. Article from Melbourne Age. Enclosure 2. Articles from the Wellington Independent— (A) Sep. 17,1870; (B)Sep. 21,1870; (C) Hobart Toirn Mercury. (D) Australasian. * "Colonization and Colonies," p. G76.
Enclosure 3. Memo, by Mr. Fox, Sep. 19,1870.
The exact number reported by the "Under Secretary ■(Mr. Cooper), hi Sep., 1870, is 4,365. Enclosure 4. Interim Report of ■a Select Committee of the N. Z. Parliament on Militia and "Volunteers. Enclosure 5. Report by Col. Harington on the Militia and Volunteer Forces. Vide Appendix to
It is anticipated that this estimate for 1870 will be reduced to about £10,000 by the establishment of the mail service to Great Britain via San Francisco and New York ; and in anticipation of this result, Ministers transmit herewith a draft for £5,000 on account of the service via Suez, in compliance with the Secretary of State's request. "W. Gisbobne, "Wellington, 20th September, 1870. Colonial Secretary.
No. 47. Copy of a DESPATCH from Governor Sir G. F. Bowen, G.C.M.G., to the Eight Hon. Earl of Kimbeiiley. (No. 122.) Government House, Wellington, My Lord, — New Zealand, 24th September, 1870. I have the honor to acknowledge the receipt, on the 16th instant, of your Lordship's Circular Despatches of the 19th and 21st July ultimo, transmitting copies of Her Majesty's " Proclamation for the maintenance of neutrality," and of a letter from Earl Granville, showing Her Majesty's pleasure on various matters connected with the hostilities which have broken out between France and Prussia. 2. The above Despatches, and the documents enclosed therein, were immediately published for general information in the New Zealand Government Gazette. 3. The intelligence of the war in Europe has caused considerable excitement in this and in the neighbouring Colonies, especially as fears are entertained in many quarters that the United Kingdom may, sooner or later, become involved. In New Zealand, moreover, those who know the Maoris best are apprehensive as to the effect which the belief that England is exposed to foreign hostilities may produce on the minds of the hostile Natives and of their advisers. In fact, in this, as in so many other points, the position of New Zealand is exceptional; for here a foreign war would constitute not only an external but also an internal danger. 4. The annexed articles from influential journals will help to show some of the various and often conflicting feelings with which the present crisis is viewed in Australia and New Zealand. On the other hand, there is doubtless a considerable section of the community here, and elsewhere, to which we may apply Mr. Herman Merivale's remarks * on the probable effect on the Colonies of a great war in which the British Empire should be involved :—" Common danger " does but tend to cement our union, not so much through calculations of " advantage; for there will always be those in the Mother Country who will " esteem Colonies a burden in war, and those in the Colonies who will esteem " the inconvenience of being dragged into the wars of the Mother Country greater " than the profit of its protection; but through the impulse which it gives to the " common spirit of brotherhood, to generous sympathies, and to the proud " feelings of self-sacrifice and self-devotion." 5. My Responsible Advisers have requested me to transmit and to recommend to favourable consideration the enclosed Ministerial Memorandum respecting the position Avhich this Colony would occupy in case of Great Britain becoming involved in war with any foreign power capable of attacking this part of the Empire. G. It will be seen that while there are in New Zealand nearly fifty-eight thousand (58,000) men qualified and liable to serve in the Militia, the Colonial Government possesses only about eighteen thousand (18,000) rifles, a considerable number of which (above four thousand [4,000] according to the last returns) are in the hands of the loyal Natives. From further official papers annexed to this Despatch, it 'appears that the enrolled Militia in the North Island numbered in June, 1870, eight thousand seven hundred and sixty-two (8,762) officers and men, of whom, however, three thousand two hundred and eighty-two (3,282), residing principally in the larger towns, are still unarmed. Moreover, the armed and drilled Volunteers in the North Island amount to three thousand one hundred and thirty-two (3,132), and the Armed Constabulary to about seven hundred and eighty (780) officers and men. In other words, there is now in the North Island alone an armed force of, in round numbers, nearly nine thousand (9,000) Europeans,
NEW ZEALAND TO THE SECRETARY OF STATE.
39
A.—No. 5.
Journals H. of R., 1870, P.—No. 8. Enclosure 6. Papers and Report relating to the Armed Constabulary. Vide Appendix to Journals H. ofB., 1870,1).—No. 7.
exclusive of the friendly Maori clans. As there are hardly any Natives in the South, or Middle, Island, and as there has been as yet no apprehension of foreign attack, the Militia of that part of the Colony has never hitherto been enrolled; but if the assistance in arms and ammunition against external assault, which the Colonial Government now asks, should be granted by the Imperial authorities, it is hoped that there may be created in New Zealand an effective force of Militia and Volunteers amounting to about twenty thousand (20,000) officers and men; that is, to one-twelfth part of the existing European population of two hundred and forty thousand (240,000) souls. This would be as if one-twelfth of the entire population of the United Kingdom (thirty millions of souls), or, in other words, two millions and a half of armed men, were enrolled at home to resist foreign invasion. 7. I am aware, of course, that the proper kind of ordnance for the defence of Colonial towns and harbours is a very difficult question in the present transition state of artillery, and indeed of military science generally. " The only cannon now in New Zealand are a few obsolete and practically useless iron guns in the fort of Auckland, and twenty-two field pieces of different kinds, of which ten (10) are serviceable 12-poundcr and 6-pounder Armstrong guns. As Mr. Pox remarks in the enclosed Ministerial Memorandum, " The easily accessible harbours of both " Islands peculiarly subject this Colony to attack at many different points; for " instance, there are the harbours of Auckland and Wellington in the North " Island, inhabited by considerable populations; and in the Middle Island, the " harbours of Nelson, Lyttelton, and Otago." It may be added that any of the five above mentioned ports might become the rendezvous of hostile squadrons bent on attacking any point of Her Majesty's possessions in this quarter of the globe, and the vast trade, valued at about sixty millions sterling, annually, of the British Empire in Australasia. 8. The Ministerial Memorandum concludes in the following terms: —"The 11 constant improvements that are taking place in the science of harbour defence " will enable the authorities in England to determine the best means and material " for the protection of harbours so situated, and the steps which, in the interests " of Great Britain as well as of the Colony, it may be deemed desirable to " adopt. " Ministers would also respectfully beg your Excellency to obtain from Her " Majesty's Government explicit information as to what protection will be afforded " to the Colony in case of Great Britain becoming involved in war with any power 11 capable of attacking the Colony; and also to what extent the Colony would be " expected to co-operate." 9. Finally , I have been asked to observe that the aid requested by the Colonial Government against foreign invasion—that is, ten thousand (10,000) rifles, with a moderate supply of cannon and ammunition—would be probably much less in cost than the material aid already granted by the Imperial Government towards the defence of the main harbour of the wealthy and populous Colony of Victoria, which is absolutely free from all internal danger; whereas, on an average of many past years, more than one-third of the public revenue of New Zealand has been absorbed in the suppression of Maori rebellions against the authority of the Crown. I have, &c, The Right Hon. Earl of Kimberley. G. F. BOWEN.
Enclosure 3 in No. 47. Memorandum by Mr. Fox. Ministehs respectfully call His Excellency's attention to the anomalous position which the Colony would occupy in case of Great Britain becoming involved in war. Lord Granville is reported to have expressed in his place in Parliament the strongest possible determination on the part of Her Majesty's Government to protect the Colonies from foreign aggression. As far as Ministers are aware, no provision has yet been made for the protection of this Colony. The Colonial Government has made all the preparation in its power for the suppression of internal disturbance ; but much more would be required to enable it to co-operate with the Imperial Government if it should be assailed by an enemy of Great Britain. There are in the Colony about 57,800 men liable to serve as Militiamen of all classes ; of these, 40,000 are in the Middle Island, while there are only 17,539 stand of rifles of all kinds available.
A.—No. 1.
40
DESPATCHES FROM THE GOVERNOR OF
Enclosure 1. Memo, by Mr. Ifox.Sep. 19,1870.
Enclosure 2. Memo, by Mr. McLean, Sep. 16, 1870.
Enclosure S. Governor of JN T. Z. to Capt. Montgoinerie, Sep. 16, 1870.
The Imperial Government, it is understood, has large stores of Snider rifles, which are now no longer used in the British Army. Ministers would be glad if Her Majesty's Government would send out 10,000 stand of medium and short Snider rifles, with a corresponding supply of ammunition. The Colonial Government would be prepared to abide by the decision of the Home Government in respect of the cost, if payment should be required. The easily-accessible harbours of both Islands peculiarly subject this Colony to attack at many different points ; for instance, there are the harbours of Auckland and Wellington, in the North Island, inhabited by considerable populations; and in the Middle Island, the harbours of Nelson, Lvttelton, and Otago. The constant improvements that are taking place in the science of harbour defence will enable the authorities in England to determine the best means and material for the protection of harbours so situated, and the steps which, in the interests of Great Britain as well as of the Colony, it may be deemed desirable to adopt. Ministers would also respectfully beg your Excellency to obtain from Her Majesty's Government explicit information as to what protection will be afforded to the Colony in case of Great Britain becoming involved in war with any power capable of attacking the Colony, and also to what extent the Colony would be expected to co-operate. Wellington, 19th September, IS7O. William Fox.
No. 48. Copy of a DESPATCH from Governor Sir G. P. Bowen, G.C.M.G., to the Eight Hon. Earl of Kimberxey. (No. 123.) Government House, Wellington, My Lord, — New Zealand, 24th September, 1870. At the request of my Constitutional Advisers, I have the honor to transmit herewith, and to recommend to favourable consideration, the enclosed Ministerial Memorandum on the present aspect of Native affairs, and respecting the support which can be afforded to this Colony, in case of urgent need, by Great Britain, in conformity with Earl Granville's Despatches of 15th July, 1869,* and 16th June, 1870, No. 62. 2. From the annexed Memorandum by Mr. McLean, the Minister for Defence and Native Affairs, it will be seen that, on the 16th instant, information reached Wellington to the effect that Titokowam (the ringleader of the bloody outbreak on the West Coast in 1868 and 1869, and who has recently been lurking in the forests between the river Waitara and the base of Mount Egmont,) was about to move through a part of the Province of Taranaki, with eighty armed followers, for the ostensible purpose of attending a large Native meeting which is being held at a place called Parihaka, near Opunake, on the road between New Plymouth and Patea. It Avas further stated that at least twelve hundred Maoris, a large proportion of whom were lately in arms against the Crown, would attend this meeting; and great alarm was, not unnaturally, felt (especially on account of the atrocities perpetrated by Titokowaru on his former raidst) throughout the Province of Taranaki, which contains a widely-scattered European population of only about four thousand (4,000) souls, including less than eight hundred (800) men able to bear arms. Under these circumstances the Colonial Ministers solicited me to request Captain Moiitgomerie, the Senior Naval Officer now here, to proceed to Taranaki in Her Majesty's ship " Blanche," visiting New Plymouth, and cruizing off Cape Egmont and the neighbouring coast. I accordingly addressed to Captain Montgomerie the letter of which I enclose a copy; and he sailed from Wellington on the same evening (the 16th instant), taking with him a strong body of the Armed Constabulary to reinforce the detachment which has held the Town of New Plymouth since the removal of the garrison of Imperial Troops in the early part of this year. 3. These measures appear to have had the effect of restoring public confidence, to a large extent, on the West Coast; and the latest intelligence from New Plymouth is of a satisfactory character, and gives strong hopes that the gathering of the Natives at Parihaka will pass over peaceably. If the news from Taranaki by the next opportunity should be such as to render it probable that the presence of the Governor would be useful for the public service, I will proceed thither immediately. A full account of the position of affairs in that Province * Printed at pagu 186 of the Papers presented to the Imperial Parliament in April, 1870. t See the full reports in the Governor's Despatches of 1868 and 18C9, printed in the Papers presented to the Imperial Parliament in July, 18GP. and April, 1870.
NEW ZEALAND TO THE SECRETARY OE STATE.
41
A.—No. 1
will be found in the report of my visit to it last year, contained in my Despatch No. 134, of 14th October, 1869.* It will be seen that the meeting of Maoris hen held to welcome me comprised a large number of returned rebels. 4. I hope to be able to send a farther report on the aspect of Native affairs by the next mail; meanwhile, I would venture again to request early consideration for the concluding paragraph of Mr. Pox's Memorandum forwarded herewith (enclosure No. 1). For many obvious reasons it is desirable that the instructions from the Admiralty to Commodore Stirling should be put into strict harmony (if they are not already so) with Lord Granville's Despatches to me on the subject of the support to be afforded to the Colonial Government by the lloyal Navy. I have, &c, The Eight Hon. Earl of Kimberley. G. F. BOWEN.
Enclosure 1 in No. 48. Memorandum by Mr. Fox. Ministers respectfully request that His Excellency will convey to Captain Montgomerie their sense of the promptitude with which he acceded to their 7-equest, through His Excellency, that he should proceed with H.M.S. " Blanche" to Taranaki, and cruize off the coast there for a few days, while the Native meeting at Parihaka is in progress, in order to give to the inhabitants of New Plymouth and the neighbourhood a feeling of security, while a large assemblage of recently hostile and perhaps now doubtful Natives is collected a few miles off. Ministers take this opportunity of expressing a hope that Her Majesty's Government will make provision for the maintenance of as large a naval force as possible in the New Zealand waters, in order that such countenance and aid may be given to the Colony as has been promised in the Imperial Parliament and in more than one of the Despatches lately addressed to your Excellency by the Secretary of State. Though the events of the past year have been, on the whole, satisfactory and tending to consolidation of peace, it would be a great mistake to suppose, or allow Her Majesty's Government to suppose, that there is any such established security, or any such absence of danger, as might justify the smallest relaxation of vigilance and preparation. The alarm created at Taranaki by the Parihaka meeting, and the facts connected with it, which led the Government to request the presence of the " Blanche " on the coast, are an instance of a class of disturbing causes which might at a moment's notice involve the Colony again in fresh disturbances. Ministers trust that at the least two vessels of war may be stationed in the New Zealand waters, if possible, for the exclusive protection of this Colony, and they beg to suggest that instructions should be given, if they have not already been, to the Commodore, in the terms of Lord Granville's Despatches. to your Excellency, of the 15th July, 1869, and 16th June, 1870, (No. 62). Wellington, i9th September, 1870. William Pox.
Enclosure 2 in No. 48. Memorandum by Mr. McLean. Ministers have received information that Titokowaru, with a party of eighty armed men, is about to move through a part of the Province of Taranaki, for the ostensible purpose of attending a large Native meeting which is being held at a place called Parihaka, near Opunake, Cape Egmont. Ministers have no knowledge of the real object of this movement, and have no particular reason for believing it to be other than is alleged; but it is the first movement that Titokowaru has made since his retirement to the Upper Waitara District in the early part of last year, and it is quite possible that it may involve danger to some of the settled districts in the Province. Under these circumstances, Ministers respectfully suggest to His Excellency the propriety of requesting Commodore Rowley Lambert, C.8., A.D.C., to permit H.M.S. " Blanche " to cruize off Capo Egmont, and visit New Plymouth during the time occupied by the meeting at Parihaka; and also that Captain Montgomerie should be permitted to land a party of armed men in the event of circumstances appearing to him to warrant such a step. Wellington, 16th September, 1870. Donald McLean.
Enclosure 3 in No. 48. Goteknor of New Zealand to Captain Montgomerie, R.N. Sir,— Wellington, 16th September, 1870. At the request of my Constitutional Advisers, I have the honor to transmit the enclosed Ministerial Memorandum, and, under the circumstances therein stated, to request you, if the claims of the service permit, to proceed to New Plymouth in Her Majesty's ship under your command. I have, &c, Captain Montgomerie, E.N., Senior Naval Officer, G. I°. Duwen. H.M.S. " Blanche," Wellington. * Printed at page 129 of the Papers presented to the Imperial Parliament in April, 1870. 11
A.—No. 1
42
DESPATCHES FROM THE GOVERNOR OF
Memo, by Mr. Gisborne, Sept. 21, 1870, with sub-enclosure.
No. 49. Copy of a DESPATCH from Governor Sir G. P. Bowen, G.C.M.G., to the Right Hon. Earl of Kimbeiiley. (No. 125.) Government House, Wellington, My Lord, — New Zealand, 25th September, 1870. With reference to Lord Granville's Despatch No. 54, of the 4th June ultimo, to my Despatch No. 105, of the 30th August ultimo, and to previous correspondence on the same subject, I am now requested by my Responsible Advisers to transmit a further Ministerial Memorandum respecting the amount due from the War Office on account of the maintenance of Military prisoners in New Zealand. I have, &c, The Right Hon. Earl of Kimberley. G. F. BOWMEN.
Enclosure in No. 49. Mrmoeandum by Mr. C isbohne. Ministers have perused Despatch No. 54, dated the 4th June, 1870, referring to the sum of £1,G17 13s. 10d., admitted by the War Office to be due to this Colony on account of the maintenance of Military prisoners, and enclosing a letter from the War Office, in which Mr. Secretary Cardwell proposes to direct the re-payment of this sum provided the claims of the War Department for stores, ■&c., alleged to amount to £7,10G 9s. 6d. have been settled. Inquiries have been made here with respect to the payment of these claims, and the enclosed statement, prepared in the Colonial Treasury, shows that a sum of £7,730 17s. 3d. has been paid to the Imperial authorities for stores up to the end of June last. As the Imperial claim referred to by Mr. Secretary Cardwell has been settled, Ministers trust that the sum due to the Colony may be repaid at once, under the conditional authority conveyed in Mr. Cardwell's letter, and His Excellency is accordingly respectfully advised to cause copies oi" this correspondence to be forwarded to the Senior Commissariat Officer in New Zealand, with a request for such repayment. His Excellency is also advised to forward a copy of tills Memorandum to the Secretary of State for the Colonies. W. Gisboe>-e, Wellington, 21st September, 1870. Colonial Secretary.
Sub-Enclosure to Enclosure in No. 49. STATEMENT showing Amounts Paid to the Imperial Authorities for Stores, &c., during the Financial Year 1869-70, ended the 30th June, 1870.
Vote. Date of Payment. By whom Paid. To whom Paid. Particulars. Date of Service. Amount. 18G9 7G Nov. 23 D. Pollen ... Imperial Military Store Dept. Ammunition May,18G8 to Jan., 1869, Feb., Mar., 18G9 £ s. d. 1,528 9 10 j, )j ... ,, 2,731 G 1 5) >» 1870 Jan. May 16 J. Morrison D. Pollen ... J. Morrison D. Pollen ... War Department Military Store Depnrtment War Office Military Store Department „ Balance ,, ... Tarpaulins )» j) Oct., 1868 Jan., 1869 435 17 4 0 18 3 0 8 4 35 18 9 78 March 8 174-1 177«-2 May 16 I] Tents, Marquees, &c. Machines for leading barrels Ammunition Mar'] 1870 35 18 9 716 1 0 ,, ... ,j ,, ... 179-13 April 14 JJ 3, 3) 20 0 0 180-4 June ... 5 ' May 16 Crown Agents D. Pollen ... Imperial Government Imperial Store Department Storage of ditto r; June,18G7, to Dec, 1869 Feb. ... 434 14 1 64 7 4 192 April 14 )» ... ,, Barrack Stores 1,717 17 6 t 7,730 17 3 26th Aui ■ust, 1871. ;.vt
NEW ZEALAND TO THE SECRETARY OP STATE.
A.—No. 1.
Enclosure 1. Copies of Acts. Enclosure 2. mg^ Report from tlio Attorney-General Enclosure 3. A T. Z. Hansard, Nos. 12 to 14.
No. 50. Copy of a DESPATCH from Governor Sir G. E. Bowen, G.C.M.G., to the Right Hon. Earl of Kimberlev. (No. 126.) Government House, Wellington, My Lord,— ' New Zealand, 26th September, 1870. In continuation of my Despatch No. 116, of the 19th instant, and in the terms of Article 261 of the Colonial Regulations, I have now the honor to transmit herewith, under separate cover, nineteen copies of each of the Acts passed during the Session for 1870 of the New Zealand Parliament, together with the customary synopsis or report from the Attorney-General. 2. Copies of the Papers laid before the Legislature have been forwarded by every monthly mail. The annual volume of Papers, or Appendix to the Journals for 1870, will be forwarded so soon as it can be issued by the Government Printer. 3. I forward also on this occasion copies of the New Zealand Hansard, or Reports of the Parliamentary Debates, to the end of the recent Session, in continuation of the numbers already forwarded. ■ I have, &c, The Right Hon. Earl of Kimberley. G. E. BOWEN.
Enclosure 2 in No. 50. Synopsis or the Acts or IS7O. No. 1. The Punishment of High Treason Act is an Act declaring that the Imperial Statute, 51 Geo. 111. c. 140, referring to drawing and quartering, shall not be deemed to extend to the Colony, and prescribing the form of sentence in eases of high treason in the Colony. No. 2. The Imprest Supply Act allows the advance by way of imprest for the service of the current financial year, in anticipation of the annual Appropriation Act, of a sum not exceeding £50,000. * No. 8. The New Zealand Post Office Act Amendment Act is an Act reducing the rates of postage on country letters for transmission within the Colony to an uniform rate throughout the Colony. No. 4. The Of ago Education Reserves Abandonment Act alters the conditions required by the Act of 1808 before it could be brought into operation, the former conditions required having been found inconvenient. No. 6. The Deceased Persons Estates Act provides that all creditors of persons dying on or after Ist January, 1871, shall stand in equal degree ; speciality debts no longer to have any priority. Founded on 30 and 31 Vict. c. 69, s. 1, and 32 and 33 Vict. c. 40. No. 6. The Partition Act empowers the Supreme Court, where it shall be shown more beneficial to the parties, if it shall see fit, to order a sale of property and distribution of the proceeds among the parties interested, i:i lieu of making a decree of partition. Founded on 32 and 33 Vict. c. 40, s. 5. No. 7. The Vexatious Indictments Act requires the fulfilment of certain conditions, in cases of misdemeanours, to prevent vexatious indictments. Founded on 22 and 23 Vict. c. 17, s. 1. No. 8. The Larceny Act Amendment Act provides for the trial of a member of a co-partnership for embezzlement, as though he were not such partner. Founded on 31 and 32 Vict. c. 11G, s. 1. No. 9. The Treasury Bills Act allows the issue of Treasury Bills to the amount of £50,000. No. 10. The Wellington and Hawke's Pay Public Debt Apportionment Act extends tho time for making an award under the principal Act. No. 11. The Provincial Reserved Bills Ac! removes doubts as to the legal eft'ect of a Superintendent's assent to Bills that ought to have been reserved for the signification of the Governor's pleasure thereon, by declaring such assent to be null and void, and that the Governor may deal with Bills as if such assent had not been given. No. 12. The District Courts Criminal Jurisdiction Extension Act provides for the trial of offenders in the district where they are in custody, in the same manner as if the offence had been committed within the district, and defines the criminal jurisdiction of the Court. No. 13. The Imprest Supply Act, No. 2, allows the further advance by way of imprest for the service of the current financial year, in anticipation of the annual Appropriation Act, of a sum not exceeding £100,000. No. 14. The Supreme Court Act 1860 Amendment Act empowers a single Judge of the Supreme Court to hear and determine criminal cases not arising within his own district. No. 15. The Representation Act appoints the number of Members for the House of Representatives in tho New Parliament, establishes tho new Electoral Districts, and provides for the mode of forming the new Foils. No. 10. The Qualifications of Electors Act declares that a person duly qualified and registered as an elector in any district is duly qualified to be elected as a representative in the House of Representatives for any Electoral District within the Colony ; defines the districts in which holders of miners' right shall exercise their right to vote for House of Representatives and Provincial Councils; and limits the number of votes in cases of plurality of qualifications in any district.
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No. 17. The Disqualification Act repeals the former Act of 1858, and declares certain persons holding offices of emolument under Government and certain contractors under Government disqualified for a seat in either House of the Assembly. No. 18. The of Elections Act, repealing all former Acts upon the subject, provides the requisite machinery for the conduct of all future elections for the House of Representatives and for Superintendents and Provincial Councils, by means of the ballot. No. 19. The Sale of Land for Non-Payment of Rates Act provides for the recovery of rates charged upon lauds the property of absentee or unknown owners, after judgment obtained, authorizing the Superintendent of the Province to pay such rates and charge the owner of the land with the same as a debt with interest to be recovered by subsequent sale of the land. No. 20. The Gold Duties Act, revoking the former uniform duty of two shillings and sixpence per ounce ou export of gold, appoints a graduated rate to be collected per ounce according to fineness. No. 21. The Stamp Duties Act Amendment Act amends the principal Acts of 1866 and 1867 in prescribing cases where duty may be denoted by adhesive stamps, and appoints the construction of terms used in cases of lands sold subject to mortgages, rent, charges, or annuities, &c. No. 22. The Juries Act Amendment Act provides for the daily payment of common jurors in attendance at criminal sittings according to a graduated scale of distances of their houses from the Court. No. 23. The Bankruptcy Acts Amendment Act provides for the vesting of bankrupt estates in the successor in office of any Provisional Trustee ceasing to hold office. No. 24. The Besident Magistrates' Evidence Act establishes a mode of taking the evidence in Resident Magistrates' Courts of persons distant from the place of sitting of the Court. No. 25. The Provincial Acts Validation Act Continuance Act continues the Validation Act of 1867 till the end of the next Session of the General Assembly, and validates two Provincial Acts of Hawke's Bay. No. 26. The Limited Liability Companies Winding-up Act provides a more simple and economical process of winding up Companies incorporated under the principal Acts of 1865 and 1869. No. 27. The Mining Companies Limited Liability Act Amendment Act provides for votes by proxy of shareholders, and for the forfeiture of shares for non-payment of calls payable. No. 28. The Deputy Superintendent rf Wellington Act authorizes the Deputy Superintendent, in the absence of the Superintendent in England, to issue a Proclamation for the meeting of the Provincial Council within the time required for its meeting by the Constitution Act. No. 29. The Neglected and Criminal Children Act 1867 Amendment Act extends the time from three years to five years during which inmates of reformatory schools may be put out to service, and provides for imposition of conditions as to maintenance. No. 30. The Sales of Land by Mortgagees Act provides for the execution by the Registrar, Deputy Registrar, or his successor, of conveyances of land sold under " The Conveyancing Ordinance Amendment Act, 1860," where mortgagee declared purchasei1. No. 31. The Escheat Act Amendment Act amplifies the principal Act of 1868 in providing for the fixing of the place and hour of holding inquests under that Act. No. 32. The Intestate Estates Amendment Act determines the mode of administering estates the assets of which are under £50 in value. No. 33. The Fire Inspectors' Act provides for the appointment of Fire Inspectors, and vests in them powers for the protection of life and property and the prevention of the spreading of fires. No. 34. The Dangerous Goods Act Amendment Act amends the interpretation of the term " Petroleum " and extends to the police the powers given by the principal Act of 1569 to Inspectors of Weights and Measures. No. 35. The Incorporated Boards Suits Act provides that such Boards may sue and be sued in the name of the Chairman thereof or any member thereof with designation added, and makes provision so as to avoid abatement of suits. No. 36. The Court of Appeal Act Amendment Act awards the Court of Appeal the power of adjudging costs, and extends the power of appeal given under the principal Act to judgments on demurrer. No. 37. The Married Women's Property Protection Act extends the protection of the principal Act of IS6O to women in cases of the husband's cruelty, habitual drunkenness, or open adultery. No. 38. The Government Summary Prosecutions Act extends the limit of time to three years during which summary proceedings may be taken in certain cases of offences against the Post Office and Stamp Duties Acts, and empowers Justices to mitigate penalties. No. 39. The Outlying Districts Sale of Spirits Act forbids the granting of licenses in districts chiefly occupied by Natives without the assent of the Native Assessor of the district, and prescribes conditions and regulations for the holding of such licenses when granted. No. 40. The Aliens Act removes the disability of aliens to hold land in New Zealand, empowering them to acquire, hold, convey, or dispose of every kind of property the same as natural born subjects of Her Majesty, and legalizes past conveyances. Similar provisions are in force in Canada, South Australia, and in other colonies, and have lately been enacted by the Imperial Parliament. No. 41. The Harbour Boards Act empowers the Superintendents and Provincial Councils to constituteHarbour Boards at any ports for the purpose of administering the affairs of such ports, to which certain powers conferred on the Governor and Superintendents by " The Marine Act, 1867," may be delegated. No. 42. The Marine Act Amendment Act, repealing the sections of the principal Act of 1867 referring to pilotage exemptions, substitutes amplified regulations in rogprd thereto, find ■pv".-; J :s power for inspecting ships with a view to ascertaining whether they have proper lights and fog signals. No. 43. The Merchant Ships Officers Examination Act makes provision for the examination and grant of certificates of competency to masters, mates, or engineers, in accordance with the provisions of the Imperial Statute " The Merchant Shipping (Colonial) Act, 1869."
NEW ZEALAND TO THE SECRETARY OP STATE:
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No. 44. The New Zealand Post Office Act Amendment Act, No. 2, provides for the exemption from postage of single copies of newspapers addressed to certain public institutions, and authorizes arrangements to be made with Postal Departments abroad for transmission of mails, and for preventing transmission of letters from or to non-contributing colonies by subsidized mail packets. No. 45. The Gold Fields Act Amendment Act corrects an error in the former Act of 1869, and besides an amendment in the principal Act of 1866, defines what shall be construed as included in the term " demise " in that Act. No. 46. The Agricultural Produce Lien Act, similar to " The Wool and Oil Securities Act^'.lSSS," legalizes the granting of preferable liens on yearly crops of agricultural produce. No. 47. The Census Acts Amendment Act empowers the Governor to postpone until 1871 the taking of the census, and varies in some degree the particulars to be taken. No. 48. The Walsh and Others Pension Act Amendment Act extends the time for making the selection of land appointed under the principal Act, and varies the district in which the selection shall be made. No. 49. The Meredith and Others Pension Act authorizes the continuance of pensions to certain persons, and provides for the payment of pensions to others. No. 50. The County of Westland Acts Amendment Act amends the principal Acts of 186S and 1869 in so far as to import the system of vote by ballot in elections within the County, and provides for the dissolution of the County Council by the Governor when he shall deem it expedient. No. 51. The Land Transfer Act is an Act to simplify the title to and the dealing with estates in land, based upon the Act of South Australia known as Torrens' Act. No. 52. The Auckland Waste Lands Act amends the principal Act of 1867, authorizing the Superintendent of the Province to throw open the waste lands for bond fide occupation under certain conditions. No. 53. The Wellington Waste Lands Act is an Act empowering the Superintendent to set aside blocks of land for special settlement, and provides for the renewal of their occupation licenses to the present holders at the expiration of their term. No. 54. The Nelson Waste Lands Act Amendment Act amends the principal Act of 1863 by abrogating the provisions in that Act for leases of auriferous lands, and further empowers land to be withheld from sale; also it makes provisions for licenses to cut flax and timber on the waste lands of the Crown. No. 55. The Crown Lands (Nelson) Leasing Act Amendment Act abrogates the provisions of the principal Act of 1867, which made the determination of the Board final, and provides additional regulations respecting auriferous lands in the Province. No. 56. The Westland Waste Lands Act, repealing all regulations heretofore in force within the County, provides general regulations for the sale, letting, occupation, and management of the waste lands of the Crown therein ; also for the issue of flax and timber licenses, and the control of lands proving auriferous. No. 57. The Otago Hundreds Regulation Act 1869 Amendment Act prescribes the limit in area of hundreds proclaimed, and the proportion therein of agricultural lands ; also defines the particular rights of holders of pastoral leases to compensation. No. 58. The Hawke ys Sat/ Crown Lands Sale Act authorizes the sale of certain lands and the issue of Crown Grants therefor to parties who had contracted for the purchase of the same before the extinguishment of the Native title. No. 59. The Saivke's Bay Renewal of Licenses Act authorizes the renewal for a further term of depasturing licenses at their expiry, and provides for the sale at public auction of such licenses in cases where the licensee declines such renewal. No. 60. The Mohaha and Wailcare District Act, validating a certain agreement between the Government and the loyal Natives of the district, empowers the Government to make the necessary surveys for giving effect to the agreement in the disposal of the lands. No. 61. The Gishorne Land Act is an Act empowering the Governor to carry out certain promises made to Natives of the district upon the cession of their lands in the Township of Gisborne, in Poverty Bay, and the suburbs thereof, to the Crown, and to give effect to agreements respecting the same. No. 62. The Richmond Land Sales Act is an Act confirming certain sales of land in the Township of Richmond, in the Bay of Plent} r District, heretofore made without sufficient authority of law, and to authorize the issue of Crown Grants of the said lands. No. 63. The Bay of Lslands Settlement Act repeals the former Act of 1858, and provides for the winding up the affairs of the settlement, protecting all existing rights or equitable interests, and transferring to the Province of Auckland all unsold lands within the boundaries of the settlement as waste lands of the Crown in the Province. No. 64. The Wairarapa Town Lands Management Act provides for the vesting in new Trustees, in the place of the original Trustee who has left the Colony, of certain trust lands in the Wairarapa, and prescribes the mode of dealing with such lands. No. 65. The Marliorough Sale of Reserves Act is to authorize the issue of Crown Grants or of leases of certain lands within the Province, portions of public reserves which have been illegally sold or otherwise disposed of as waste lands of the Crown, to the parties who may have acquired the same without collusion or notice of the illegality of such transactions. No. 66. The Wairau Valley Road Act authorizes the taking of land for a road through the property of George Duppa, in the Province of Marlborough, and provides for the settlement of the right to and for the payment of compensation for the same. No. 67. The Haivke's Bay and Marlborough Rivers Act 1868 Amendment Act varies the system of annual election of the Board of Conservators, and the classification of lands outside towns for the purpose of rating, and provides that the Governor at the request of the Superintendent of any Province shall declare under which system the Act shall operate within such Province. 12
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No. 68. The Canterbury Rivers Act repeals the former Acts of 18G8 and 1869, and provides for the establishment of districts and the constitution of Boards with powers to erect protective works against the overflow of rivers, and for these purposes to take lands and to levy rates. No. 69. The Kaiapoi Native Industrial School Grant Act enables the Governor to accept the surrender of a grant of twenty acres of a Native Reserve in the Province of Canterbury, and to issue separate grants of such claims upon trusts for the benefit of the Natives for a church, a school-house, and clergyman's residence. No. 70. The Turner't Land Grant provides for the grant of four hundred acres of land, to be selected out of the confiscated lands in the Province of Taranaki, to Henry Ferdinand Turner, formerly of Her Majesty's service, and as such for many years in military service in the Colony. No. 71. The Robert Johnston Land Grant Act provides for the grant of four hundred acres of land to be selected within six months out of the waste lands of the Crown within the Province of Wellington, two blocks only excepted, to Eobert Johnston as a military settler, he having been declared entitled thereto. No. 72. The Green Land Claims Settlement Act is to give effect to a special award of certain lands, in satisfaction of his land claims, under the Land Claims Settlement Acts, 1856 and 1858, made in favour of George Green by the Commissioner of the Court of Land Claims appointed in that behalf by the Land Claims Arbitration Select Committee of the House of Representatives. No. 73. The Green and Spencer Amendment Act provides for the extension of time for a Judge of the Supreme Court to give the certificate required by the principal Act (1868), and extends also the provisions for indemnification for costs. No. 74. The Native Lands Act Amendment Act, revoking the provision of the Act of 1869 limiting the time for a rehearing to three months, reverts to the original provision of the principal Act of 1865, and extends the time for a rehearing to six months on notice being given within a time limited therein. No. 75. The Native Lands Frauds Prevention Act empowers the Governor to establish Native Trust Districts, and to appoint Commissioners therefor, who shall have a supervision over all transfers of land therein by Natives, whether holding from the Crown or otherwise, to certify their satisfaction in each instance upon the deed of transfer, that such is equitable and does not violate any trusts; also that the consideration is a legal one. No. 76. The Crown Grants Act Amendment Act, explanatory of doubtful phrases in the Acts of 1866 and 1867, determines explicitly the parties who shall be liable to pay the fees due on Crown Grants and the fees for registering the same ; and provides further for the delivery or deposit of Crowu Grants, and their correction in cases of error. No. 77. The Immigration and Public Works Act is an Act to carry into effect a comprehensive scheme of opening up the interior of the country by means of roads, railways, and other public works, and for supplying gold fields with water, and to provide for the introduction of immigrants. This Act does not define the railways, but is applicable to such as are determined by special Act or Acts. No. 78. The Raihcays Act is a special Act providing for the construction of certain railways named therein. No. 79. The Canterbury Gauge Act is an exceptional Act exempting certain railways in the Province of Canterbury from the operation of a clause in another Act fixing Ihe width of gauge. No. 80. The Immigration and Public Works Loan Act authorizes the raising of £4,000,000 sterling by loan, for the purpose of carrying out the works authorized by the said Act, and prescribes the rate of interest to be paid for the same and the mode of its repayment, embracing an authority to the Governor to raise any portion of the loan under the Imperial guarantee. No. 81. The Defence and other Purposes Loan Act authorizes the raising by loan of the sum of £1,000,000 for defraying the costs and liabilities of the defence of the Colony for tho current financial year and the four next following years, and to provide for the consolidation of the liabilities of certain Provinces to the General Government, and of certain other Provincial liabilities. No. 82. The Payments to Provinces Act, repealing the provisions of " The Public Revenues Act, 1867," as to the mode of ascertaining the amount payable to Provinces, substitutes a proportionate rate according to population, with provisions in certain instances for special allowances. No. 83. The South Sea Islands Drawbacks Act for the purpose of permitting on the exportation of goods to the Islands of the Pacific Seas a drawback of duties previously paid on the importation thereof into New Zealand. No. 84. The New Zealand and Australian Submarine Telegraph Act provides for the terms and conditions upon which a submarine electric telegraph may be constructed, connecting New Zealand with Australia. No. 85. The Government Officers Guarantee Act provides for the establishment of a system of mutual guarantee by officers of the Civil Service of the Government in lieu of the existing fidelity bond or guarantee of Assurance Societies. No. 86. The New Zealand Government Insurance and Annuities Act provides further details for tho more effectual working of the parent Act of 1569. No. 87. The Militia Act, repealing all former Acts, consolidates and amends the law relating to the Militia in New Zealand. No. 88. The Volunteer Act Amendment Act more strictly defines the operation of a " certificate of efficiency " obtained under the Act of 1865. No. 89. The Patents Act, repealing all former provisions in that behalf, establishes new procedure for obtaining letters patent in the Colony for inventions. No. 90. The New Zealand University Act establishes and incorporates an University, with power to confer degrees in Arts, Medicine, Laws, and Music. No. 91. The Nelson College Act provides for the apportionment of the Governors of the College elected under the principal Act of 1858, between the existing Provinces of Marlborough and Nelson. No. 92. The Timaru and Gladstone Board of Works Amendment Act provides an improved mechanism for carrying out the details of the principal Act of 1867 in certain instances.
NEW ZEALAND TO THE SECRETARY OF STATE.
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No. 93. The Otago and Southland Union Act provides for the reunion of the Provinces of Otago and Southland. No. 94. The Public Revenues Act provides for an annual statement of the liabilities of the Government to be made ; the establishment of a Reserve Fund ; that unexpended balances shall be returned to Revenue ; and otherwise provides for the better working in detail of the principal Act of 18G7. No. 95. The Temporary Loan Act authorizes the raising of five hundred thousand pounds, at a rate of interest to be fixed by the Governor, in anticipation of the principal moneys authorized to be borrowed by the Acts of this Session, and applies the moneys raised. No. 96. The Treasury Bills Extended Currency Act is to give a short extended currency to Bills issued under previous Acts. No. 97. The Appropriation Act. No. 98. The Appropriation Act, No. 2, appropriates, out of Defence Loan, the costs and charges of the Colonial defence for the year 1870-71. Private Acts. No. 1. The Canterbury Great Northern Railway Act is an Act to authorize the construction of a branch line of an existing railway. No. 2. The Christchurch Gas Act authorizes a certain Company duly incorporated as a Limited Company for the manufacturing of gas, to carry out the necessary works for the supply of gas to the city. No. 3. The Wellington Gas Company's Act authorizes a certain Company duly incorporated as a Limited Company for the manufacturing of gas, to carry out the necessary works for the supply of gas to the city.
No. 51. Copy of a DESPATCH from Governor Sir G. F. Bowen, G.C.M.G., to the Right Hon. Earl of Kimberley. (No. 127.) Government House, Wellington, My Lord, — New Zealand, 26th September, 1870. I have the honor to transmit herewith a letter addressed to me by the Speaker of the Legislative Council of New Zealand, forwarding two "protests," signed by certain Members of that body, against " The Immigration and Public Works Act, 1870," of which copies are sent by this month's mail, with my Despatch No. 126, of this date. 2. I annex a Ministerial Memorandum on this question. I have, &c, The Right Hon. Earl of Kimberley. G. F. BOWEN.
Enclosure 1, Speaker L. C. to Governor of ! N. Z., with two Sub-Enclosures. Enclosure 2, Memo, by Sir. Grisborne.
Enclosure 1 in No. 51. The Speaker of the Legislative Council to His Excellency the Governor. Sib, — Legislative Council, Wellington, Gth September, 1870. I have the honor to forward to your Excellency, for transmission to the Secretary of State for the Colonies, in accordance with Standing Order of the Legislative Council No. 25, the enclosed protest upon " The Immigration and Public Works Bill, 1870." I have, Ac, His Excellency Sir G. F. Bowen, G.C.M.G., J. Richardson, Government House, Wellington. Speaker. Sub-Enclosures 1 and 2 to Enclosure in No. 51. Vide Journals of the Legislative Council, 1870, pages 146 and 147.
Enclosure 2 in No. 51. Memorandum by Mr. Gisbobne. Ministers have no other remark to make on the protests enclosed in the accompanying letter, than to etate that " The Immigration and Public Works Act, 1870," was fully discussed in the Legislative Council, and that those who sign the protests are a small minority who wished to throw out the Bill. The debates on the Bill are reported in the New Zealand Hansard, 1870, copies of which are regularly forwarded to the Colonial Office. The division on the second reading was, Ayes, 25 ; Noes, 8 ; and on the third reading, Ayes, 21; Noes, 8. W. GISBORNE, Wellington, 17th September, 1870. Colonial Secretary.
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DESPATCHES FROM THE GOVERNOR OF
Knolosurp 1, with 2 sub-enclosures. Roport of Commission, August. 12, 1870. Enclosure 2. Memo, by Mr. McLean, Sept. 27, 1870.
No. 52. Copy of a DESPATCH from Governor Sir G. F. Bowen, G.C.M.G., to the Right Hon. Earl of Kimbeeley. (No. 128.) Government House, Wellington, My Lokd, — New Zealand, 27th September, 1870. I have the honor to transmit herewith copies of " The Colonial " Reciprocity Bill, 1870," which has been reserved for the signification of Her Majesty's pleasure; together with the usual Report upon it by the AttorneyGeneral. 2. The principle involved in this Bill has, it is believed, been already brought under the consideration of Her Majesty's Government by other Colonial Legislatures. I have, &c, The Right Hon. Earl of Kimberley. G. F. BOWEN.
Enclosure 1 in No. 52. Vide Statutes of New Zealand, 1870, page 481. Enclosure 2 in No. 52. No. 99. The Colonial Reciprocity Bill, 1870. This Bill has been reserved for Her Majesty's assent. The Bth section provides that it shall not come into operation until assented to by Her Majesty. The Bill enables the Governor in Council to declare any article the produce or manufacture, not being spirits or manufactured tobacco, of any of the Australasian Colonies to be free or not from duty of Customs, or admissible at a lower rate of Customs duty than that imposed by the Customs Duties Acts in force ; but no articles can be made subject to duty which are free by law. The object of the Bill is to enable the Governor by such declaration to carry out Customs reciprocity arrangements with the Australasian Colonies. It is provided that in any such arrangements there shall be a power to terminate it by six months' notice. The principal provisions are almost a literal copy of provisions which are now and for some time past have been in force in Canada and other British North American Colonies.
No. 53. Copy of a DESPATCH from Governor Sir G. F. Bowen, G.C.M.G., to the Right Hon. Earl of Kimberley. (No. 129.) Government House, Wellington, My Loud, — New Zealand, 27th September, 1870. With reference to previous correspondence respecting the " New Zealand " Cross," the institution of which has been already sanctioned by the Queen, I have now the honor, at the request of my Constitutional Advisers, to transmit the " Report of the Commissioners appointed to make a design for the ' New Zealand " Cross;' together with a drawing and description; and a Ministerial Memo- " randum." 2. I pointed out to the Colonial Ministers that it would much enhance the value of this decoration in the eyes of the recipients, if the design which has been suggested by Colonels Haultain and Whitmore, and the other Commissioners, and approved by the New Zealand Government, were also submitted to Her Majesty for a signification of Her Royal pleasure as to its adoption as a decorative distinction for signal acts of gallantry performed by European and Native members of the Colonial Forces in the presence of the enemy. My Responsible Advisers concur in this view, as will appear from the annexed Ministerial Memorandum. I have, &c, The Right Hon. Earl of Kimberley. G. F. BOWEN
NEW ZEALAND TO THE SECRETARY OF STATE.
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Enclosure 1 in No. 53. Repoht of the Cotninissioners appointed to make a Design for the New Zealand Cross. To His Excellency Sir George Ferguson Bowen, Knight Grand Cross of the Most Distinguished Order of Saint Michael and Saint George, Governor and Cominander-in-Chief in and over the Colony of New Zealand, and Vice-Admiral of the same, &c., &c. Mat it please your Excellence, — In obedience to your Excellency's commands conveyed to us by Commission under the Seal of the Colony, bearing date the twelfth day of July, a.d. 1870, we have the honor to report to your Excellency as follows : — \ic have carefully examined the drawings submitted to us by the Government, and also other decorations belonging to various orders, and have agreed to a design of which we annex a drawing and description, and we beg respectfully to recommend the same for your Excellency's consideration and approval. (1.5.) T. M. Haultain, Chairman. (1.5.) G. S. Whitmore. (1.5.) J. C. Richmond, (1.5.) Alfred Domett, (1.5.) James Edwaed FttzGeeald. Wellington, New Zealand, this 12th day of August, a.d. 1870.
Sub-Enclosure 1 to Enclosure 1 in No. 53. Description of 2¥eic Zealand " Cross." A Silver Maltese Cross with a sis-pointed gold star on each arm, and with the words " New Zealand " round the centre encircled by a gold laurel wreath ; the cross to be surmounted by a gold crown, and attached to a crimson riband by a silver bar and ring. The name of the recipient and date of the action to be engraved on the back of the cross. Description of Silver Bar for additional Acts of Bravery or Devotion. A Silver Bar across the riband, having a plain surface, burnished and inscribed with the date of the occurrence for which the bar is given, and the name of the action, if any.
Sub-Enclosure 2 to Enclosure 1 in No. 53. Sketch of " Cross."
Enclosure 2 in No. 53. Memorandum by Mr. McLean. The Defence Minister respectfully submits to His Excellency that it would much enhance the value of the New Zealand Cross in the eyes of the recipients of that decoration, if the design which has been suggested by the Royal Commission, and approved of by His Excellency, -were also submitted to Her Majesty for a signification of Her Royal will as to its adoption as a decorative distinction for signal acts of bravery and gallantry performed by members of the Colonial Forces in the presence of the enemy. A copy of the Report of the Royal Commission, and of the proposed design, with description, are herewith enclosed. "Wellington, 27th September, 1870. Donald McLean.
No. 54. Copy of a DESPATCH from Governor Sir G. F. Bowen, G.C.M.G., to the Right Hon. Earl of Kimberley. (No. 130.) Government House, Auckland, My Loud, — New Zealand, 6th October, 1870. Referring to the information contained in my Despatch No. 123, of the 24th September ultimo, and in the Memorandum from Mr. McLean enclosed therein, concerning the large meeting of Maoris recently held at Taranaki, I now hare the honor to report that I deemed it advisable to proceed to that Province in person so soon as the state of public business after the close of the annual Session of Parliament permitted me to absent myself temporarily from the seat of the General Government. Accordingly I left Wellington, by sea, on the 27th ultimo, and landed on the following day at the Town of New Plymouth,* where I conferred with the local officers of the Government, with the principal Colonists of the district, and with several Maori chiefs. * It will bo recollected that New Plymouth is the capital of the Province of Taranaki. 13
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DESPATCHES EEOM THE GOVERNOR OF
2. Mr. Parris, the experienced Civil Commissioner for the Province of Taranaki, who is intimately acquainted with the Native language and customs, gave me very full information respecting the proceedings at the late assembly of Maoris at Parihaka, and the general state of Native affairs on the West Coast of this Island. He assured me that the annexed brief account of the meeting published in one of the local journals* is quite accurate so far as it goes, having been written on the spot by one of the eight or ten Englishmen who accompanied him to it, 3. It appears that this meeting was called together in consequence of invitations issued to all parts of the North Island by Te Whiti, a Taranaki chief, who now professes (like Kereopa, Te Ua, Hakaraia, and others of his countrymen during the last six or seven years,) to be a prophet of the Hauhau creed. As it is doubtless already known to your Lordship, Hauhauism, in its religious aspect, is a rude mixture of some of the dogmas of the Christian faith with many of the most savage and horrible tenets and practices of the old Paganism; while in its political aspect it may be described as a bond of union among the adherents of the so-called " Maori king" and that portion of the Maori race which has renounced at once its Christianity and its allegiance to the British CroAvn. 4<. Mr. Parris was invited to be present at the meeting (called professedly to discuss the question of war or peace with the English), and he accordingly repaired, with a few Europeans and a large number of loyal Natives, to Parihaka, Te Whiti's kainga, or village, which is situated about thirty-five miles to the south of New Plymouth. He found assembled there about 1,200 Maoris, including delegates from nearly all the principal clans, and a Waikato Chief named Aporo, who appeared as the representative of Tawhiao.f The Icorero, or talking, began on the 18th of September, and lasted for four days. The speeches were full of the customary allegories and figures, nearly unintelligible to all but those few Europeans who are thoroughly conversant with the traditions and character of the Maoris. The meeting separated without arriving at any formal decision, or even expression of opinion; but Mr. Parris, together with Mr. McLean and all who know the Natives best, considers the general result to be favourable, seeing that about 700 of the whole number present avowed themselves to be supporters of the law and of the sovereignty of the Queen; while Titokowaru, who appeared at the head of eighty armed followers, utterly failed to excite the remaining 500 to any act or resolution of open hostility. He has again retired to his fastness in the almost impenetrable forests about forty miles west of New Plymouth, where he will be left unmolested so long as he remains quiet. Mr. Parris replied with firmness and courage to Titokowaru's fierce attacks on the English, and seems to have carried with him the general sympathy of the meeting. Of the loyal majority, fully one-half were men who were recently in arms against the Queen. Conspicuous among these was Hone Pihama, the formidable chief of the Ngatiruanui clan, who fought so long and so bravely against Generals Cameron and Chute, but who attended the Native meeting held to welcome me in September, 1869, on the occasion of my first visit to Taranaki, and has since become a zealous supporter of the British Government. % 5. It should be mentioned that Mr. Parris found the Natives generally to be well acquainted with the contents of Lord Granville's Despatch of the 7th October, 1869, No. 115 ; || and with the fact that a great war had recently broken out in Europe. Several Maoris said to him, " Now we know the real reason why ■" England has withdrawn her soldiers from New Zealand; she is afraid of being " attacked at home." It is agreed on all sides that the presence of H.M.S. " Blanche " at New Plymouth during the meeting produced an excellent moral impression on both the loyal and the disaffected Natives; encouraging the former and dispiriting the latter. 6. While I remained at Taranaki I inspected the post fortified by the Colonial Government, and held by detachments of the Militia and Armed Constabu- * Enclosure. Extract from the Taranaki Herald of 28th September, 1870. t The so-called Maori king. j See Governor of New Zealand to Secretary of State, No. 134, of 14th October, 18G9, printed at page 129 of the Papers presented to the Imperial Parliament in April, 1870. || Printed at page 195 of the Papers presented to the Imperial Parliament in April, 1870.
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lary, for the protection of the settlers, who (as will have been seen from my former reports) comprise a total population of 4,000 souls, and about 800 able-bodied and armed men, scattered over an area nearly as large as that of Yorkshire; surrounded by powerful Native clans; and practically almost without communication, except by sea, with Auckland, Wellington, and the other principal English settlements. Blockhouses and redoubts have beeen erected in the country districts, as rallying points for the men and places of refuge for the women and children. The barracks, occupied until last February by a garrison of Imperial Troops and now by a detachment of the Colonial Forces, stand on a steep hill in the centre of the Town of New Plymouth, and have been surrounded by a stockade quite strong enough to resist the attack of an enemy unprovided with artillery. In the event of any fresh outbreak, the entire population of the town and its suburbs (about 2,000 souls) would be safe within this fortified enceinte. 7. From Taranaki I proceeded by the Manukau Harbour to Auckland, the real centre of the chief Native districts, which I shall revisit from this point in a succession of journeys. So far as is known here up to this date, the whole Island continues tranquil, and there has been no hostile collision during the past month. Still there is much restlessness in the Native mind, and fresh meetings, like that at Parihaka, will be held during the ensuing summer {1.c., from December to March). Two Members of the Executive Council are now with me at Auckland, and I shall be joined here in a few weeks by Mr. McLean, who will accompany me, in the first instance, to the meetings which will be convened by the Arawas and Ngatiporous on the East Coast. 8. The monthly mail via San Francisco will leave Auckland to-morroAv (the 7th October, instant) ; and the intelligence respecting the condition of this country which it will carry away may be described as, on the whole, satisfactory. Still it cannot be forgotten that the permanent maintenance of peace during the next few years will probably depend upon a greater variety of chances, and on a more precarious tenure, in New Zealand than in any other British Colony. What has happened here so often may of course happen again. The disturbing elements have certainly been diminished, but they have not been entirely dispelled ; and they require constant watchfulness on the part of the Colonial authorities. If we look to past experience, to the nature of the relations existing with some of the Maori clans, and to the position of many of the border settlements, it must be confessed that in several quarters causes of collision may arise at any moment. In fact, it may well be doubted if, in a country so situated, it is in the power of any Government, however well disposed and well prepared, to command peace. But the Colonial Government, if it cannot command peace, can and (it is believed) will deserve it, by taking care that good faith, fair dealing, and a wise forbearance are on its side. After all, the Native difficulty is a question of time. In the South Island it has long ago ceased to exist; and ten years hence (or even at an earlier date), it will have practically ceased to exist also in the North Island. Meanwhile, as I have submitted in former Despatches, it is alike more politic and more humane to outlive Maori disaffection than to attempt to put it down with the strong hand. I have, &c, The Eight Hon. Earl of Kimberley. G. F. BOWEN.
No. 55. Copy of a DESPATCH from Governor Sir G. F. Bowen, G.C.M.G., to the Right Hon. Earl of Kimbekley. (No. 131.) Government House, Auckland, My Lord, — New Zealand, 7th October, 1870. In my Despatch No. 122, of the 16th September, 18G9, I reported that the United States' steamship " Kearsarge" paid a visit to Wellington during the September of last year; and that this was believed to be the first time that an American man-of-war had touched at any of the ports of New Zealand. 2. I may now mention that on my recent arrival at Auckland, I found that
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Enclosure with Sub-Enclosures. See Pari. Papers, 1871, E.—No. 4.
Governor of N.Z. to Sec. of State, No. 77, of July 2, 1870, No. 108, of Sept. 3, 1870.
Memo, by Mr. Vogel, Oct. 6, 1870.
another United States' steamship, the " Resaca," had been in this harbour for a fortnight. As I had done last year in the case of the "Kearsarge," at Wellington, I, of course, entertained Captain Lewis and the officers of the " Resaca " at the Government House, and otherwise showed them every attention in my power. They were also entertained by the principal gentlemen of this part of the Colony at the Northern Club. On their departure, they expressed themselves as much gratified by their reception ; and I understood from Captain Lewis that American men-of-war will, probably, henceforward visit New Zealand frequently, since the United States now maintain a strong squadron in the Pacific, and the Bay of Islands in this Colony has become the principal resort of American whaling ships in these seas. I have, &c, The Right Hon. Earl of Kimberley. G. E. BOWEN.
No. 56. Copy of a DESPATCH from Governor Sir G. E. Bowen, G.C.M.G., to the Right Hon. Earl of Kimberley. (No. 132.) Government House, Auckland, My Lord, — New Zealand, 7th October, 1870. At the request of my Responsible Advisers, I have the honor to transmit herewith a Ministerial Memorandum by Mr. Vogel, the Colonial Treasurer and Postmaster-General, respecting a proposed convention with the United States of America for the carriage of mails between that country and New Zealand. 2. The Parliamentary Papers relative to the San Erancisco Mail Service, to which Mr. Vogel refers, have already been forwarded to the Colonial Office with my previous Despatches. 3. It is stated that " a not dissimilar convention has already been entered into "between the United States and the Colony of Hong Kong;" —I presume with the approval of Her Majesty's Government. I request your Lordship's instructions on the entire subject. I have, &c, The Right Hon. Earl of Kimberley. G. E. BOWEN.
No. 57. Copy of a DESPATCH from Governor Sir G. E. Bowen, G.C.M.G., to the Right Hon. Earl of Kimberley. (No. 133.) Government House, Auckland, My Loud, — New Zealand, 7th October, 1870. With reference to the Despatch from the Colonial Office, No. 63, of the 6th July ultimo, and at the request of my Responsible Advisers, I have the honor to transmit herewith a Ministerial Memorandum by Mr. Yogel, the Colonial Treasurer and Postmaster-General, respecting a proposed submarine line of telegraph between New Zealand and Australia. 2. A Parliamentary Paper on this subject was forwarded with my Despatch No. 77, of the 2nd July ultimo. I did not transmit at the time copies of my preliminary correspondence on this subject in last March with Commodore Lambert, because the Colonial Ministers did not then appear to have matured their plans on the question. I have, &c, The Right Hon. Earl of Kimberley. G. E. BOWEN.
Enclosure in No. 57. Memoeandlm by Mr. Vogel. The Postmaster-General begs to report upon the letter of Sir Frederick Kogers, dated 6th July, 1870, in which, referring to correspondence between His Excellency and Commodore Lambert, and Commodore Lambert and the Lords Commissioners of the Admiralty, lie states, on behalf of Lord Granville, that the Board of the Admiralty will be prepared, at the expense of the Colony, to send out
NEW ZEALAND TO THE SECRETARY OF STATE.
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Memo, by Mr. Vogel, Oct. 6, 1870.
Sec. of State to GoTernor of N.Z., N0.21,0fFeb.17, 1869, No. 36, of April 7,1870. Grovernor of Jf.Z. I c See. of State, No. 3, of Jan. 8, 1870.
the necessary sounding gear for the survey of the route for a proposed submarine line of telegraph between New Zealand and New South Wales, and to place at the disposal of the Colony a competent officer, on being informed that arrangements will be made by the Colonial Government for providing a vessel for that purpose. The Postmaster-General does not consider the offer to be one which is favourable to the Colony. It was believed by Ministers that Her Majesty's Government would have considered the survey to be a work towards which more liberal assistance might be afforded. Auckland, 6th October, 1870. Julius Vogel.
No. 58. Copy of a DESPATCH from Governor Sir G. F. Bowex, G.C.M.G., to the Right Hon. Earl of Kimberley. (No. 134.) Government House, Auckland, My Lord, — New Zealand, 7th October, 1870. With reference to your Lordship's Circular Despatch of the 13th July ultimo, asking upon what terms the Government of this Colony will be willing to make payments to pensioners on behalf of the Imperial Government, I am requested by my Responsible Advisers to forward the enclosed Ministerial Memorandum, giving the required information. 2. I beg leave to take this opportunity of addressing your Lordship on a cognate subject, I mean the collection of the rents due to the Imperial Treasury from the lessees of guano islands in the Pacific Ocean, who may be resident in this Colony. The Earl of Belmore, the Governor of New South Wales, recently wrote to me recommending that such rents should be collected by the Commissariat Officer in local charge of the Imperial chest. I have communicated with Mr. Assistant Commissary-General Lewis, now at Auckland, who informs me that he is ready to collect all such rents, in addition to his duty of paying the pensioners, so long as he remains in New Zealand ; but that he will probably be withdrawn by the War Office in the course of the next few months. Ho recommends that, after his departure, the same arrangements should be made for paying the Imperial pensions, and for collecting the Imperial rents. I believe that the adoption of this suggestion would prove convenient to all parties concerned ; and I recommend that it be carried out on the terms offered by the Colonial Ministry in the enclosed Memorandum; that is, an allowance of three per cent, on the amount paid or collected on behalf of the Imperial Government. This allowance is considered a fair reimbursement of the necessary expenses. 3. So far as I have been made acquainted with the facts of the case by previous correspondence with the Colonial Office, the only lessee of a guano island,; now resident in New Zealand is the firm of Messrs. Combes, Daldy, and Co., of! Auckland, who have to pay an annual rent of fifty pounds (£5O) for a part of the■ Island of Starback, in the South Pacific Ocean. ; 4s. Requesting the final instructions of your Lordship on the two points now t submitted for. consideration, that is, («) the payment of Imperial pensions, and ~t (b) the collection of Imperial rents, I have, &c, The Right Hon. Earl of Kimberley. G. E. BOWEN.
Enclosure in No. 58. Memorandum by Mr. Vogel. Regarding a Circular Letter of Lord Kimberley to His Excellency, asking upon what terms the Colonial Government will be willing to make payments to pensioners on behalf of the Imperial Government, the Colonial Treasurer has the honor to state that he is of opinion an allowance of three per cent, upon the amount paid would about reimburse the necessary expense ; and the Colonial Government are willing to undertake the duty, upon the Imperial authorities consenting to make such an allowance. Julius Vogel, "Wellington, 6th October, 1870. Colonial Treasurer. 14
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DESPATCHES FROM THE GOVERNOR OF
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Enclosure 1, with Sub-Enclosure. Memo, by Mr. Domett.
No. 59. Copy of a DESPATCH from Governor Sir G. F. Bowen, G.C.M.G-., to the Right Hon. Earl of Kimberley. (No. 135.) Government House, Auckland, My Lord, — New Zealand, 7th October, 1870. I have the honor to report that I lost no time in directing the attention of my Responsible Advisers to the Circular Despatch of the 25th February ultimo, asking for information respecting the system of land transfer by registration. 2. Some delay has occurred in furnishing me with the required report, in consequence of the pressure of business during the recent Session of the New Zealand Parliament, where this subject was under consideration. 3. I now transmit a Memorandum from Mr. Domett, the Registrar-General of Land. It will be seen that the so-called "Torrens' system" of registration, which has been in force in the principal Australian Colonies for several years past, was brought into full operation in New Zealand for the first time by an Act passed in the Session for 1870, (33 and 34 Victoria, No. 51). I have, &c, The Right Hon. Earl of Kimberley. G. F. BOWEN.
Enclosure in No. 59. Kemabks on the Land Eegistry System as partially brought into operation in New Zealand. The system of land transfer by registration in New Zealand has been as yet taken advantage of by the public to so slight an extent that no safe conclusion as to its working or efficiency, were it brought into general operation, can be arrived at. The New Zealand law on the subject provides for the issue of indefeasible certificates of ownership to " any person and any corporation, sole or aggregate, entitled absolutely, for his or their own benefit, " to an estate in land in fee simple, at law and in equity." Provisions are made for entering charges and incumbrances on the register, for giving certificates of the same, and for transferring them by transfer of such certificates. The title required then being absolute, both at law and in equity, the Act seems to exclude all defective titles, even such as are called, in the Colony, " good holding titles." The object of the Legislature appears, therefore, to have been rather to provide a simple means for the transfer of land estates held under perfectly valid titles, by preventing the accumulation of deeds and precluding or reducing to a minimum the chance of error or mistake, than to provide machinery for converting bad titles into good ones. Their object seems to have been rather prevention of future difficulties relating to titles, than the cure of existing ones. This seems to be one great reason why the system has not been generally accepted or taken advantage of by the public. Another reason is the expense of obtaining a certificate. This is partly necessitated by the physical formation of the Colony, and the distribution of its population along such extensive lines of sea coast. There arc already ten sub-centres, if the term may be used, of settlement—being the chief towns of Provinces and a County —in each of which it has been long the practice to carry on the registration, of documents affecting land. Each Province has its own District Eegistrar and office for the registration of deeds; but the Legislature hesitated to intrust so great a power as that of making the public the guarantee of and responsible for the validity of land titles to officers, from their number, necessarily in a position somewhat subordinate, and possibly liable to local influences, which might interfere with the proper exercise of such a power. It was determined, therefore, that all titles must be submitted to one central authority, to whom the issue of certificates should be intrusted ; but this necessitated the sending of copies of all deeds and documents affecting any titles to the EegistrarGeneral as such central authority, for the owners of these documents would have been unwilling to risk the loss of the originals on a sea voyage, necessary in all cases of communication between the Provincial chief towns and the seat of Government. This speaks the more in favour of the system, because the only titles for which certificates have been applied for have been such as were more or less technically defective. But perhaps the chief reason, after all, why the land registry system in this country has not come into more general operation, is the ignorance of the public of its details, and even of its existence. It is not the interest of professional lawyers to make the Act and the system known. Newspaper writers have in very few instances endeavoured to bring it into notice. But had the public generally been acquainted with it, and had land owners having titles free from defects (which the great majority of titles in the Colony probably are) been desirous of obtaining certificates, they might have done so with very little expense, and have thereafter transferred lands under the system, as it exists, at the cost of a very few shillings in fees, and of the slight trouble only of filling in a form of conveyance of the simplest character. But as the Legislature have just passed an Act for the introduction of what is called the " Torrens' system " in its entirety in the Colony, it seems unnecessary to make any further remarks on a scheme of registration that has never been at all completely tried, and is immediately about to expire. Alteed Domett, Eegistrar-General of Land.
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Enclosure. Memo, by Attorney-General ofN.Z.,Sept. 27, 1870.
No. 60. Copy of a DESPATCH from Governor Sir G. E. Bowen, G.C.M.G., to the Eight Hon. Earl of Kimberley. (No. 136.) Government House, Auckland, My Lord, — New Zealand, 13th October, 1870. With reference to Lord Granville's Despatch No. 64, of the 6th July ultimo, respecting certain recent correspondence between His Lordship and the Governor of Queensland, I have now the honor to transmit a Memorandum from the Attorney-General of New Zealand, furnishing the information required. 2. It will be seen that Mr. Prendergast mentions, in connection with the subject of Lord Granville's Despatch, the letter from the Chief Justice of New Zealand, transmitted with my Despatch No. 45, of the 12th April ultimo. Your Lordship's reply (No. 68, of the 13th July ultimo,) has also been referred by my Responsible Advisers to the Attorney-General of this Colony, who has stated that, in his opinion, " the Government of New Zealand has done all that can be done "in this matter here (see the ' Supreme Court Practice Act, of 1868'), and that " the rest must be done by the Imperial Legislature." I have, &c, The Right Hon. Earl of Kimberley. G. E. BOWEN.
Enclosure in No. 60. Memorandum by the Attokney-G-eneral. lam not aware that any offenders have escaped owing to the want of jurisdiction; indeed, as the question is beyond doubt, it is not likely to be raised. But undoubtedly the difficulty is always present. It constantly happens that Commissions are issued in civil actions from the Supreme Court for taking evidence in Victoria and other colonies, and yet the law is such that if the persons examined give false evidence they commit no crime cognizable either by the law of the colony in which the evidence is given, or by the law of New Zealand, in which the evidence is used. Attention was drawn to this state of the law by the Chief Justice, and, I believe, a Despatch was written home in consequence.* Wellington, 27th September, 1870. J. Prexdebgast.
No. 61. Copy of a DESPATCH from Governor Sir G. E. Bowen, G.C.M.G., to the Right Hon. Earl of Kimberley. (No. 140.) Government House, Auckland, My Loud, — ' New Zealand, 18th October, 1870. I have the honor to acknowledge the receipt of your Lordship's Despatches Nos. 70 and 81, of the 25th July and 19th August ultimo, written in reply to my Despatches Nos. 42 and 46,* of the 6th and 13th April ultimo, respecting the design of the flag for the Governor of New Zealand when afloat, and the use of the national flag (the " Union Jack ") in the Colonies. 2. Your Lordship approves the design of the proposed flag for the Governor of New Zealand, and informs me that the Order in Council of the 7th August, 1869, applies only to the flag used by a Governor when afloat; and that he may continue as heretofore to fly, on shore, the Union Jack without any distinguishing Colonial badge. lam further instructed that the Secretary of State for War has decided that "the flag to be mounted on the forts and batteries of a Colony, " whether there be an Imperial garrison or not on the spot, should be the Union " flag usually employed in the service." 3. I never had any doubt on these points myself, and referred them home for an authoritative decision only because the question had been raised here, in particular, by Commodore Lambert, who urged, that Governors of Colonies were no longer entitled to fly the Union Jack at their official residences on shore. I declined, however, to allow any alteration in the existing practice to be made in New Zealand without special instructions from your Lordship. lam confident * See Governor of New Zealand to Secretary of Slate, No. 45, of 12th April, 1870, and Secretary of State to Q-OTernor of New Zealand, of 13th July, 1870.
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Memo, by Mr. Vogel, Oct. 22, 1870.
that the authoritative confirmation of the use of the Union Jack as the distinctive mark of common nationality and common allegiance throughout the British Empire, will be generally satisfactory to Her Majesty's loyal subjects in this and in all other colonies. I have, &c, The Right Hon. Earl of Kimberley. G. E. BOWEN.
No. 62. Copy of a DESPATCH from Governor Sir G. F. Bowen, G.C.M.G., to the Right Hon. Earl of Kimbekley. (No. 142.) Government House, Auckland, My Lord, — New Zealand, 23rd October, 1870. At the instance of my Responsible Advisers, I have the honor to transmit, and to recommend to early and favourable consideration, the accompanying Ministerial Memorandum by Mr. Vogel, the Treasurer and Postmaster-General of New Zealand, respecting a proposed contribution from the Erench Colony of New Caledonia towards the postal service via San Erancisco. 2. When Mr. Vogel first addressed me on this subject, I pointed out to him that while I was the Governor of Queensland I had successfully applied to the Secretary of the Colonies to procure, through the Eoreign Office, a contribution from the Dutch Colony of Java and its dependencies towards a projected postal service from Australia to Singapore via Torres Straits, and that your Lordship's department would again be the proper channel for communication on this occasion. Indeed it seems probable that it is not only the right but also the only effectual channel, for I apprehend that the Governments of the Erench Colonies generally have less local authority in matters of this kind even than the Governments of the English so-called "Crown Colonies;" and that they cannot take action without previous instructions from Paris. 3. A glance at any good map of the Pacific Ocean and of the surrounding countries, will show the isolated position of New Caledonia at present, and the advantage which that Colony would derive from participating in the benefits of the postal service via San Erancisco, as is proposed by Mr. Vogel in the enclosed Memorandum. I have, &c., The Eight Hon. Earl of Kimberley. G. E. BOWEN.
Enclosure in No. 62. Memorandum by Mr. Vogel. A communication is being addressed to the Governor of New Caledonia, inquiring whether the local Government are willing to make arrangements for connecting that settlement with the mail service between Auckland and Europe via San Francisco and New York. His Excellency is aware that that service has been in operation for some months, and that the Government contemplate to very much improve it, and to make it permanent. It is probable that the local Government of New Caledonia, if able to enter into any arrangement such as that suggested, could only do so temporarily. Therefore, the Postmaster-General desires to move His Excellency to cause, through the Colonial Office, inquiries to be made of the French Government, whether they are prepared to take steps for bringing New Caledonia permanently into connection with the Californian mail service. A steamer should leave Auckland for New Caledonia and Fiji immediately after the arrival of the mail-boat from San Francisco; and should return from Fiji and New Caledonia in time to connect with the steamer which leaves Auckland with the mails for the United States and Europe. The Postmaster-General is of opinion that if arrangements for subsidizing a steamer to run between Auckland, New Caledonia, and Fiji were made, the contribution required for conveying the New Caledonian mails to and from Auckland and San Francisco would be very moderate in amount. The Postmaster-General suggests that the French Government should be asked to state what sum they would give for the through service, leaving it to the New Zealand Government to arrange for the branch service, the balance of the amount paid by the French Government to be regarded as a contribution, to the main line. Auckland, 22nd October, 1870. Julius Vogel.
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Memo, by Mr. Vogel, Oct. 22 t 1870.
Enclosures wiu J^ d
No. 63. Copy of a DESPATCH from Governor Sir G. F. Bowen, G.C.M.G., to the Right Hon. Earl of Kimberley. (No. 143.) Government House, Auckland, My Lord, — New Zealand, 24th October, 1870. At the instance of my Constitutional Advisers, I have the honor to transmit, and to recommend to early and favourable consideration, the enclosed Memorandum by Mr. Vogel, the Treasurer and Postmaster-General of New Zealand, in which he asks me to solicit your Lordship to be pleased, " In view of 11 the Postmaster-General or some other Member of the New Zealand Government " visiting Washington, in January next, with the object of making arrangements " connected with the mail service between New Zealand and Europe via San " Francisco and New York, and for other purposes, to move the Foreign Office to " request the British Minister at Washington to extend his good offices to the " representative of the New Zealand Government." 2. Mr. Vogel informs me that it will be probably his duty, as PostmasterGeneral of this Colony, to proceed himself to San Francisco and Washington, in next January, to arrange various pressing matters respecting the new postal service with the authorities of the United States; and that he will afterwards probably proceed to London to put himself into immediate communication with the Colonial Office and the General Post Office. As your Lordship's reply to this Despatch cannot reach New Zealand before the time of Mr. Vogel's departure, it will be seen that he expresses a hope that " advice of any instructions having been " given to Her Majesty's Minister to the United States may be addressed to the " Postmaster-General of New Zealand, to the care of the British Legation at " Washington; and that a duplicate may be addressed to the care of the Bank of 11 California at fean Francisco." 3. It need scarcely be said that the establishment of a really efficient postal service via San Francisco and New York is a matter of great interest not only to New Zealand, but also to the Australian Colonies, to the French establishments at New Caledonia and Tahiti, and to the European communities in the Hawaiian and Fiji Islands. It is, moreover, expected that the Congress of the United States will vote a considerable subsidy. I have, &c, The Right Hon. Earl of Kimberley. G. F. BOWEN.
Enclosure in No. 63. MEiroEANDtrM by Mr. Vogel. In view of the Postmaster-General or some other Member of the New Zealand Government visiting Washington in January next, with the object of making arrangements connected with the mail service between New Zealand and Europe via San Francisco and New York, and for other purposes, will His Excellency be pleased, through the Colonial Office, to move the Foreign Office to request the British Minister at Washington to extend his good offices to the representative of the New Zealand Government ? Advice of such instructions having been given should be addressed to "The Postmaster-General, New Zealand, care of the British Embassy, Washington;" and a duplicate should be addressed to the care of the Bank of California, San Francisco. Julius Vogel, Auckland, 22nd October, 1870. Postmaster-General.
No. 64. Copy of a DESPATCH from Governor Sir G. F. Bowen, G.C.M.G., to the Right Hon. Earl of Kimberley. (No. 145.) Government House, Auckland, My Lord, — New Zealand, Ist November, 1870. At the instance of my Responsible Advisers, and in pursuance of Chapter VII., section 6, of the Colonial Regulations, I have the honor to transmit herewith, — (1.) A letter from Mr. Josiah C. Firth to the Hon. Julius Vogel, Colonial 15
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Treasurer and Resident Minister at Auckland, forwarding certain documents for transmission, through the Governor, to the Secretary of State for the Colonies. (2.) A letter addressed to your Lordship by Mr. Firth, complaining of certain points of the conduct towards him of the Hon. Donald McLean, C.M.G., the Minister for Defence and Native Affairs. (3.) A Memorandum by Mr. McLean on Mr. Firth's above mentioned letter. 2. I should, perhaps, mention that Mr. Josiah C. Firth is a merchant resident at Auckland, and the writer of the letter addressed to the Secretary of State for the Colonies which was forwarded with my Despatch No. 46, of 7th April, 1869. His correspondence relates to various points concerning the management of Native affairs, which was transferred, in 1862, by the Imperial Government to the Colonial Ministers for the time being. I have, &c, The Right Hon. Earl of Kimberley. G. F. Bowex.
No. 65. Copy of a DESPATCH from Governor Sir G. F. Bowen, G.C.M.G., to the Bight Hon. Earl of Ki^iberley. (No. 146.) Government House, Auckland, My Lord, — New Zealand, 3rd November, 1870. I have the honor to report that immediately on the receipt, by the last mail, of your Lordship's Despatch No. 80, of the 18th August ultimo, conveying the Queen's gracious commands respecting Albert Victor Pomare, I lost no time in making fresh inquiries concerning this child, in whom I have felt much interest ever since I have been in New Zealand.* 2. After again visiting him at the Orphan Home near Auckland, and consulting with the ladies and gentlemen who superintend that institution, I entirely concur with them in the belief that it will be advisable that he should remain there at least two years longer. He is now in his seventh year, and seems very well and very happy, and to be getting on satisfactorily with his education. The yearly charge of the Orphan Home is fifteen pounds (£l5), Avhich sum includes the cost of clothes and everything else. 3. The Rev. T. Chapman, a missionary clergyman, who has taken great interest in Albert Victor Pomare, is of opinion that about two years hence he should be placed as a boarder in a commercial school. But in the meantime I will carefully watch his progress, and report it from time to time for Her Majesty's information. 4. When the Duke of Edinburgh was at Auckland, in May, 1869, Albert Victor Pomare, as the Queen's godchild, was presented to His Royal Highness, who will doubtless see him again next month, when the " Galatea " is expected to revisit New Zealand. 5. With reference to the postscript to your Lordship's Despatch now under reply, Sir Thomas Biddulph has sent, through me, to the Treasurer of the Orphan Home, a cheque for £7 10s., the receipt of which has been duly acknowledged. 6. I would mention that Albert Victor Pomare belongs to the great northern clan of the Ngapuhis, which is devotedly loyal to the Queen, as will appear from the full report of my recent visit to the North of this Island, transmitted with my Despatch No. 51, of the 26th May ultimo. Her Majesty's gracious bounty to a child, of their tribe will at once confirm and reward the loyalty of the Ngapuhis. I have, &c, The Right Hon. Earl of Kimberley. G. P. BOWEN.
* See Gorcruor of New Zealand to Secretary of State, separate, 6th April, 18G8.
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Enclosure with 4 Sub-Enclosures. Minute by Mr. Gtisborne, of Xov. 2, 1870.
No. 66. Copy of a DESPATCH from Governor Sir G. E. Bowen, G.C.M.G., to the Bight Hon. Earl of Kimberley. (No. 147.) Government House, Auckland, My Lord, — New Zealand, 6th November, 1870. The monthly mail via San Erancisco will leave Auckland to-morrow, and I have nothing of importance to add to the contents of my Despatch No. 130, of the 6th ultimo, respecting the general progress of events in New Zealand. 2. During the past month I have made several interesting excursions from Auckland, and have everywhere found friendly relations existing between the Colonists and the Natives. In particular, in the districts of Mauku and Waiuku, from thirty to forty miles south of Auckland, where there was some severe fighting a few years back, the deserted homesteads have now been re-occupied, settlement and cultivation are rapidly extending, and the Europeans and Maoris alike seem confident of peace and tranquillity for the future. Moreover, the disposition of the powerful clans north of Auckland continues to be as perfectly satisfactory as during my visit to them in April and May last, of which visit a full report was contained in my Despatches No. 47, of the Ist, and No. 51, of the 26th May ultimo. 3. Erom the West Coast it is reported that Titokowaru, on his way back from the late meeting at Parihaka (described in my Despatch No. 130, of the 6th October ultimo), drove off some sheep belonging to the friendly Natives, but that he was pursued and forced to restore them by the now loyal chief Hone Pihama. 4. The latest intelligence from the East Coast is satisfactory. Another section of the Urewera clan, which had recently formed part of the guerilla bands of Te Kooti, has submitted to the Government, and undertaken to live peacefully henceforward. Mr. McLean further informs me that a number of Hauhaus living near the central Lake of Taupo have made application to be employed in working on the roads, together with the loyal Natives of that district. 5. Mr. McLean has been detained longer than was expected in settling some pressing Native questions on the West Coast, but he will shortly rejoin me at Auckland, when we will proceed to revisit the Arawas, and other principal clans of the East Coast. 6. This is the latest intelligence about Native affairs known at Auckland up to this date, the 6th November. 7. Commodore Stirling has informed me that 11. R.H. the Duke of Edinburgh will arrive here in the " Galatea" early in December. I have, &c., The Right Hon. Earl of Kimberley. G. E. BOWEN.
No. 67. Copy of a DESPATCH from Governor Sir G. F. Bowen, G.C.M.G., to the Eight Hon. Earl of Kimberley. (No. 148.) Government House, Auckland, My Loud, — New Zealand, 7th November, 1870. I have the honor to report that I lost no time in procuring the information respecting the laws in force as to Trespass and the Preservation of Game, required by the Circular Despatch of the 2nd August ultimo, and I now transmit herewith a Ministerial Minute, covering a Memorandum by the Attorney-General, and other documents on the subjects referred to. I have, &c, The Right Hon. Earl of Kimberley. G. F. BOWEN.
Enclosure in No. 67. Memorandum by Mr. Gisbokse. The Circular Letter of Lord Kimberley, dated 2nd August, 1870, and requesting information as to the laws in force in the Colonies as to Trespass and also as to the Preservation of Game, having been referred to the Attorney-General, a copy of the Memorandum made by him in reply is enclosed for
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Memo, by Mr. Vogel, Not. 24, 1870. lldt Parl. Papers, 1871, E.—>~o. 4, No. 55.
the information of His Excellency, together with two copies of each of the Acts in force in this Colony, referred to by the Attorney-General as bearing upon the subjects. W. GISBOENE, Wellington, 2nd November, 1870. Colonial Secretary.
Sub-Enclosure 1 to Enclosure 1 in No. 67. Memorandum for the Hon. the Colonial Secehtaby. Tiie Acts in force in New Zealand on the subjects of Trespass and Preservation of G-atne are as follows : —■ Preservation of Game. The Acts in force are " The Protection of Animals Act, 1867," and " The Protection of Animals Act Amendment Act, 18G8." I do not think that the above enactments require any observations to be made to make them intelligible. Trespass. This I understand to be trespass on land by persons. There are no enactments of the General Assembly on the subject except such as are contained in " The Malicious Injuries to Property Act, 1567." This Act is almost identical in its provisions with the Imperial Act, 24 and 25 Viet. c. 97, &c. There are no Provincial Ordinances on the subject. 31st October, 1870. James Pbendebgast. Sub-Enclosure 2 to Enclosure 1 in No. 67. Statutes of New Zealand, 1867, No. 35. Sub-Enclosure 3 to Enclosure 1 in No. 67. Statuses of New Zealand, 1868, No. 69. Sub-Enclosure 4 to Enclosure 1 in No. 67. Statutes of New Zealand, 1867, No. 6.
No. 68. Copy of a DESPATCH from Governor Sir G. F. Bowen, G.C.M.G., to the Right Hon. Earl of Kimberley^. (No. 150.) Government House, Auckland, My Loud, — New Zealand, Ist December, 1870. Adverting to previous correspondence respecting the mail service via San Francisco, I have noAv the honor to transmit copies of a Memorandum by the Treasurer and Postmaster-General of New Zealand (Mr. Vogel), recording the terms of a new contract arranged between him and Mr. W. Neilson, the representative of the North Pacific Transportation Company. I have, &c, The Right Hon. Earl of Kimberley. G. F. BOWEN.
No. 69. Copy of a DESPATCH from Governor Sir G. F. Bowen, G.C.M.G., to the Right Hon. Earl of Kimberley. (No. 151.) Government House, Auckland, My Lord, — New Zealand, 6th December, 1870. I have the honor to report that (in addition to some shorter excursions during the past month) I proceeded, on the 24th ultimo, in H.M.S. " Blanche," on an official visit to "Whangarei, a harbour and settlement about seventy (70) miles north of Auckland, and the only place of importance in this part of New Zealand which I had not already visited. 2. I was welcomed at Whangarei, as elsewhere, with great respect and cordiality alike by the settlers and. by the Maoris resident in the district. I enclose a copy of the address presented to me and of my reply. It will be seen that I observed " that the friendly relations which the settlers throughout the " northern portion of the Province of Auckland maintain with their Maori 11 neighbours arc most creditable to both races, and are powerfully contributing to " the general pacification of the whole Island."
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3. Among the settlers in the District of Whangarei (as indeed in all the settlements of New Zealand) are several gentlemen of good social position, including two English Baronets, Sir S. Osborne Gibbes and Sir Robert Mackenzie Douglas. The resident Maoris are a hapu or section of the great northern clan of the Ngapuhis, who were described in my Despatch No. 51, of the 26th May ultimo. 4. As to the general progress of events in New Zealand during the past month, there is not much to add to my Despatch No. 147, of the 6th November ultimo, and to my previous reports. I regret to state that Mr. Todd, a surveyor, was recently murdered by the Hauhaus, near Pirongia, in the Waikato, which I have twice visited—on the last occasion in March of this year.* The Government Officers of that district are inclined to believe that this crime is of an agrarian rather than of a political character, and that the general tranquillity is not likely to be seriously disturbed; but the utmost caution and forbearance will long be necessary in ail the border settlements. I have, &c, The Right Hon. Earl of Kimberley. G. F. BOWEN. P.S.—Since the above was written, I have read the proceedings of the Coroner's inquest on the body of Mr. Todd. It appears that he was employed in surveying the land of a loyal Native chief, near the aukati, or " pale," of the so-called "Maori king," when he was shot by a Hauhau. The verdict of the jury was " Wilful murder against some Native or Natives unknown." The Government will institute a further inquiry into all the circumstances of this case, and I will report the result by the first opportunity. The monthly mail via San Erancisco is advertised to leave Auckland to-morrow. G. P. B.
No. 70. Copy of a DESPATCH from Governor Sir G. F. Bowen, G.C.M.G., to the Right Hon. Earl of Kimberley. (No. 153.) Government House, Auckland, My Lord, — New Zealand, 7th December, 1870. At the request of my Responsible Advisers, I have the honor to transmit herewith the enclosed Ministerial Memorandum, respecting certain questions which have been raised here concerning the Orders of the Queen in Council regulating appeals from New Zealand, and other points affecting the constitution of the Supreme Court of this Colony. I have, &c, The Right Hon. Earl of Kimberley. G. F. BOWEN.
Memo, by Mr. GHsborne, Uot., 23, 1870, with S Sub-Enclosures.
Enclosure in No. 70. Memorandum by Mr. Gisboene. The attention of Ministers has been drawn to the fact that no Order by the Queen in Council has been made and published under the 3rd and 4th William IV. c. 41, establishing rules for appeals to the Queen in Council from the Court of Appeal in New Zealand constituted by " The Court of Appeal Act, 1862." The attention of Ministers has also been drawn to the fact that the Order in Council regulating appeals from the Supreme Court in New Zealand to the Privy Council was made on the 10th May, 1860, at the time when the Ordinances of the Legislative Council of New Zealand, Session 111., No. 1, and Session VII., No. 3, establishing the Supreme Court of New Zealand, were in force. Since the making of that Order in Council the Ordinances referred to therein have been repealed, and by reason of that repeal a doubt has been suggested whether the Order in Council applies to the Supreme Court referred to in " The Supreme Court Act, 1860." Ministers are advised that the " Supreme Court" referred to in " The Supreme Court Act, 1860," must be deemed to be not a Court constituted by that Act, but the same Court as is constituted by the Ordinances of the Legislative Council above referred to ; and that a comparison of the language used in section 3 of " The Supreme Court Act, 1860," with that used in section 1 of the Supreme Court Ordinance, Session 111. No. 1, shows that this was the intention of the Legislature in passing " The Supreme Court Act, 1860." The Ordinance of the Legislative Council, Session 111., No. 1, is intituled "An Ordinance for Establishing a Supreme Court;" and the first section of the same Ordinance * See G-overnor of New Zealand to Secretary of State, No. 31, of 7th March, 1870. 16
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provides that ." There shall be within the Colony of New Zealand a Court of Record for the Adminis- " tration of Justice throughout the Colony, which Court shall be called ' The Supreme Court of New " ' Zealand.' " " The Supreme Court Act, 1860," is intituled "An Act to consolidate and amend the " Law relating to the Supreme Court of New Zealand," and though it does no doubt absolutely repeal the Ordinances above referred to constituting the Supreme Court, providing only (section 24) that proceedings commenced in the Court " under the authority of any Ordinance or Act theretofore in " force, which are still pending and incomplete, shall continue in as full force and effect and may be " continued executed and enforced as if the same had been commenced under the authority of the Act " of 1860," and though " The Supreme Court Act, 1860," does not, as it ought, expressly provide that the Court therein referred to should be the same Court as that constituted by the Ordinance, Session 111., No. 1, still it would appear that the intention of the Legislature that the existing Court should be continued, and not a new one established, may be collected from the words of the Act. " The Supreme " Court Act, 1860," nowhere provides for the constitution of a Court, but, recognizing the existence of the Supreme Court, provides that the Supreme Court shall be a Court of Record. The 24th section of " The Supreme Court Act, 1860," above referred to, which expressly provides for the continuance of pending proceedings, speaks only of " The Court," which would appear to be the Supreme Court of New Zealand, not the Court established by the Ordinance, and draws no distinction between the Court constituted by the Ordinance, Session 111., No. 1, and that regulated by the Act of 1860. Moreover, " The Supreme Court Act, 1860," makes no provision for the appointment of Judges, or for continuance in office of the Judges already appointed under " The Supreme Court Judges Act, ISSB ;" and if the true interpretation of " The Supreme Court Act, 1860," is not that which Ministers are advised ought to be put upon it, then the present Judges are not appointed Judges of the existing Court, and cannot be, for there is no power to appoint them other than that given in the Act of 1858. For these reasons Ministers are advised that the existing Supreme Court is the same Court as that established by the Ordinances of the Legislative Council, Session 111., No. 1, and Session "VII., No. 3, recited in the Order in Council regulating appeals from the existing Supreme Court. But Ministers are of opinion that the attention of Her Majesty's Secretary of State for the Colonies should be drawn to the question raised; and that whatever may be the opinion of the Law Advisers of the Crown as to the application of the Order in Council. Still, as the Order in Council appears calculated, by reciting repealed Ordinances, to mislead, it would be well that a new Order in Council should be made, embracing regulations for appeals from the Court of Appeal and from the Supreme Court. Ministers are also advised that the question should be raised whether, in the opinion of Her Majesty's Law Advisers in England, an appeal from the Supreme Court direct should now be allowed, a Court of Appeal having been established in the Colony, which sits twice in the year; it being understood that the general rule relating to appeals to the Privy Council from Colonial Courts is, that where there is an Appeal Court in the Colony that Court should be first resorted to in cases where an appeal can be had to that Court. Copies of the Ordinances of the Legislative Council of New Zealand, Session 111., No. 1, and Session VII., No. 3 ; " The Supreme Court Act, I860;" " The Court of Appeal Act, 1862 ;" " The Court of Appeal Amendment Act, 1870;" and " The Supreme Court Judges Act, 1858," are attached. \V. Gisbokne, "Wellington, 23rd November, 1870. Colonial Secretary.
No. 71. Copy of a DESPATCH from Governor Sir G. F. Bowen, G.C.M.G., to the Right Hon. Earl of Kimbeiiley. (No. 154.) Government House, Auckland, My Lord, — New Zealand, 10th December, 1870. I have the honor to report that, in pursuance of the orders of the Lords Commissioners of the Admiralty, and of Commodore Stirling, commanding Her Majesty's Naval Forces on the Australian Station, Captain His R,oyal Highness the Duke of Edinburgh arrived at Auckland on the Bth instant in the " Galatea," which will remain here about a month. 2. His Royal Highness, during his previous visit in 1869, made so favourable an impression on both the English and the Maoris, that all classes of the community are very glad to see him again. The Duke has kindly consented to become again my guest at the Government House. Next week I shall accompany His Royal Highness on a tour to the famous hot lakes and springs* (resembling the geysers of Iceland), on the East Coast of this Island. These lakes are in the country of the loyal clan of the Arawas, who have fought so long and so gallantly for the Crown, and whose loyalty will be at once rewarded and confirmed by a visit from the " Son of the Queen," (Te Tamaiti o te Kuini,) as they affectionately style the Duke of Edinburgh. I have, &c, The Right Hon. Earl of Kimberley. G. F. BOWEN. * A description will be found in ". Hockstetter's New Zealand," chapter 18.
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* Enclosures sent home in original.
No. 72. Copy of a DESPATCH from Governor Sir G. F. Bowen, G.C.M.G., to the Right Hon. Earl of Kimberley. (No. 156.) Government House, Auckland, My Lord, — New Zealand, 22nd December, 1870. In pursuance of Chapter VII., section 6, of the Colonial Regulations, I have the honor to transmit herewith a petition* addressed to me by certain settlers resident at Patea, in this Colony, requesting me to forward, for the consideration of Field Marshal His Royal Highness the Duke of Cambridge, the accompanying memorial from Mrs. Holland, the widow of a former officer of Her Majesty's 65th Foot. I have, &c, The Right Hon. Earl of Kimberley. G. F. BOWEN.
No. 73. Copy of a DESPATCH from Governor Sir G. F. Bowen, G.C.M.G., to the Right Hon. Earl of Kimberley. (No. 157.) Government House, Auckland, My Lord, — New Zealand, 23rd December, 1870. Adverting to my Despatch No. 111, of the sth September ultimo, I have now the honor to transmit six copies of the annual Blue Book, or Statistics of New Zealand, for 1869. Prefixed is the Report of the Registrar-General. 2. If the almost continual warfare and disturbances of many years past are taken into consideration, the general progress of this country, as shown by these statistical returns, cannot be described otherwise than as, on the whole, very satisfactory. I have, &c, The Right Hon. Earl of Kimberley. G. F. BOWEN.
No. 74. Copy of a DESPATCH from Governor Sir G. F. Bowen, G.C.M.G., to the Ri^ht Hon. Earl of Kimberley. (No. 158.) Government House, Auckland, My Lord, — New Zealand, 24th December, 1870. As your Lordship is one of those English statesmen who took a personal and active interest in the early progress of New Zealand, you will doubtless learn with regret that Te Puni, the chief of the clan of the Ngatiawas, died, at the age of nearly ninety years, on the sth instant, at his residence, Petoni, near Wellington. 2. It will be remembered that Te Puni welcomed the arrival of the first emigrants sent out by the New Zealand Company, granted them the land on which the City of Wellington has since been built, and protected the infant settlement, on many occasions, from the violence of his Maori countrymen. He also fought gallantly for the Queen, though he was even then an elderly man, in the first Maori war of 1845-48. In a word, Te Puni was for the settlers in the South all that the celebrated Ngapuhi chief, Tamati Waka Nene, was for the settlers in the North of this Island. His great age has of late rendered him incapable of active exertion, but he was always glad to receive me and other English visitors at his own kainga (village). His last appearances in public were when he welcomed me on my first landing in New Zealand, in 1868, and when, in 1869, he attended the levee held at Wellington by His Royal Highness the Duke of Edinburgh. 3. The death of this loyal subject of our Queen, of this constant friend and brave ally of our race, to whom the early English settlers at Wellington owed the safety of their lives and property, excited much feeling throughout this Colony. The Government ordered a public funeral at the public cost. Several of the Colonial Ministers and other leading settlers of all political parties were pall
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bearers, together with the few surviving relatives and principal clansmen of the deceased; the Bishop of Wellington read the burial service of the Church of England, to which Te Puni was a sincere convert; Mr. McLean, the Minister for Native Affairs, delivered an eloquent address in their own language to the Maoris present; and the Volunteer Rifles and Artillery attended in full force, and fired the customary military salutes over the grave of the old warrior. 4. Several of the Colonial journals have made appropriate comments on the death of Te Puni. The subjoined extract will suffice to show the general sentiment: — " The old settlers of Wellington did themselves honor in paying the last mark "of respect to Te Puni; and the Government deserves thanks for assistance, " without which it would have been impossible to carry out the arrangements for " the funeral in so satisfactory a manner. The frank acknowledgment of Te " Puni's claims upon the gratitude of the Colonists, and the manner in which they " were alluded to by Mr. McLean, must have had a very gratifying effect on the " Maoris who were present, and may exercise a salutary influence in other places. " The ceremony in itself was striking and suggestive; vigorous civilization laying " the head of decaying barbarism in the earth gently and with reverence; not (as " is usual in the case of the aborigines of other countries) with rude and careless " contempt. Te Puni's burial in European fashion, with Europeans standing " round his grave, and European guns firing over it, is typical of the not distant " time when all the savage powers of obstruction yet latent among the Maoris " will be buried in a similar manner, and the work of colonization will proceed " uninterrupted. It also suggests the thought of another hour sooner or iater to " arrive, when the last Maori will be laid to his rest by European hands, and his " race, so remarkable for its chequered character of good and evil—so much that " is noble and striking, and so much that is savage and revolting —will remain only " in the history and traditions of the past." I have, &c, The Right Hon. Earl of Kimberley. G. F. BOWEN.
No. 75. Copy of a DESPATCH from Governor Sir G. E. Bowen, G.C.M.G., to the Right Hon. Earl of Kimbeijley. (No. 159.) Government House, Auckland, My Loud, — New Zealand, 26th December, 1870. In continuation of my Despatch No. 154, by the last mail, I have the honor to report that on the 12th instant, His Royal Highness the Duke of Edinburgh, accompanied by myself, by Lieutenant Haig, Royal Engineers, Equerry in Waiting, by the officers of my Staff, and by several officers of H.M.S. " Galatea," left Auckland in the Colonial Government steamer "Luna," on a visit to the Lake District on the East Coast of this Island, and to the loyal clan of the Arawas. 2. On the following morning we landed at Tauranga,* the principal port in the Bay of Plenty, where His Royal Highness was enthusiastically welcomed by 700 chiefs and clansmen of the clans of the Arawas and Ngaiterangis. 3. In my Despatch No. 52, of 1868, t reporting my first visit to the East Coast, I mentioned that the regular Troops and Naval Brigade, under General Cameron and Commodore Wiseman, had suffered very severe loss at the assault, in 1864, of the pa erected by the Ngaiterangis about three miles from Tauranga, and generally known as the Gate Pa from its commanding the approach to the inland districts, at a point where the road passes along a narrow tract of firm ground between two extensive swamps. I added that the Ngaiterangis had afterwards made peace with the Government; and that Enoka te Whanake and the other principal chiefs and warriors who had fought at the Gate Pa had assembled to welcome me in the most cordial manner on my first visit to their country. In the korero now held to greet the Duke of Edinburgh, they vied with * Any good map of New Zealand will show all the places referred to in this Despatch. t Printed at pages 139-44 of the Papers respecting New Zealand, presented to the Imperial Parliament in July, 1869.
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the Arawas in expressions of loyalty to the Queen and of good will to the English settlers. At the conclusion of his speech Enoka te Whanake said :—" It is true " that I fought against the Queen at the Gate Pa, but I have repented of this " evil, and am now living under the shadow of her laws. As for this Tawhiao, " who styles himself the ' King of the Maoris,' let him be brought hither as a foot- " stool for the son of our Queen, whom we welcome among us this day." I annex the substance of the speeches delivered at this Native meeting by the Duke of Edinburgh and by myself respectively. 4. Erom Tauranga we proceeded to Maketu, the principal kainga, or settlement, of the Arawas, and celebrated in Maori tradition as the spot at which their ancestors, some twenty generations back, first landed in New Zealand. Here, as elsewhere throughout our tour, the " Queen's son " and the Governor were greeted with enthusiastic demonstrations of respect. No Europeans have as yet settled in the inland districts of this portion of New Zealand; but His Royal Highness was as safe among the Arawas in their own country as he would be among the Gordons in Aberdeenshire. We were, however, attended by a Guard of Honor, consisting of a strong escort of the clansmen in arms for the Queen. The Duke of Edinburgh and his officers were much interested by the many striking scenes and incidents of life in a Maori camp, especially by the war songs chanted by the Arawas around the watch-fires which they kindled every night in front of our tents. On the other hand, the Native warriors were delighted by His Royal Highness' power of enduring fatigue; by his good horsemanship and swimming ; by the skill and vigour with which he paddled his canoe across their lakes; and, perhaps, above all, by his constantly wearing the kilt, which is the favourite dress of the Maori as of the Scotch Highlanders. 5. I shall not trouble your Lordship with an account of the hot lakes, solfataras, and geysers of this Island, for they have been fully described in the well-known work of Dr. Hochstetter,f and by other writers more competent than myself. Suffice it to say that, on the 14th instant, we rode from Maketu to Ohinemutu, the principal inland settlement of the Arawas, a distance of nearly forty miles; the road leading us along the shores of the beautiful Lakes Rotoiti and Rotorua. It will be remembered that (as I reported at the time) this road was spontaneously made by the Arawas, the chiefs and clansmen labouring together, for the use of the Duke of Edinburgh more than two years ago, when his visit was first expected. On the 15th instant, after swimming in the tepid waters of the solfataras, and inspecting the principal geysers, we rode over the hills to Lake Tarawera, which we crossed on the following day in Native canoes, encamping for the night on the famous " terraces "of Lake Rotomahana. % After examining the wonders around, we returned on a subsequent day to our previous camp at Ohinemutu, where we spent quietly Sunday, the 18th instant. The Rev. S. Spencer, a missionary clergyman resident at Maketu, who had accompanied our party, read the service of the Church of England in the open air on the shore of Lake Rotorua. It was a calm and beautiful day, and the scene was highly picturesque and suggestive; —the little knot of Englishmen surrounding the " Son of the Queen," and the large congregation of Maoris repeating the responses and joining in the hymns of our Church in their own sonorous language ; —amid some of the finest prospects of lake and mountain, and near some of the most wonderful natural phenomena in the world ; —in the very heart, moreover, of the Native districts of New Zealand, and of the country most renowned in Maori song and legend; and on a spot where, in the memory of some men still living, human victims were sacrificed, and cannibal feasts were held. 6. On the 19th we rode back from Ohinemutu to Maketu; where happened one of the most important incidents of our tour. Te Waru, a formidable rebel chief from the neighbourhood of Poverty Bay, who has been in arms against the Queen for several years past, came in with forty-six of his principal followers, and surrendered to me. Though dejected, he maintained, in the presence of His Royal Highness the Duke of Edinburgh and myself, the usual dignified bearing * See Hochstetter's "New Zealand," chapter 18, and the Geological Atlas published with that work. t See the view at page 410 of Dr. Hochstetter's "New Zealand." 17
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of Maori warriors. I told Te Waru that as he had never taken part in the murders of women and children, or in the other atrocities of Te Kooti and Titokowaru, he would come under the terms of the peace proclamations, and would be treated with great lenity. The Colonial Government intend to place him and his people on a tract of land in the country of one of the loyal clans, which will watch over their future conduct. 7. From Maketu we returned by sea to Auckland. So ended a very successful tour, which will be productive of much public advantage; for the visit of the Duke of Edinburgh to the Arawas has (as was anticipated) at once rewarded and confirmed their loyalty. I have, &c, The Right Hon. Earl of Kimberley. G. F. BOWEN.
No. 76. Copy of a DESPATCH from Governor Sir G. F. Bowen, G.C.M.G., to the Right Hon. Earl of Kimberley. (No. 160.) Government House, Auckland, My Lord, — New Zealand, 31st December, 1870. At the request of my Constitutional Advisers, I have the honor to transmit, and to recommend to favourable consideration, the enclosed Ministerial Memorandum, seeking information, through the Spanish Minister in London, respecting the culture and preparation of the Manilla hemp. I have, &c, The Right Hon. Earl of Kimberley. G. F. BOWEN.
Enclosure. Memo, by Mr. ttisborne, of Dec. 22, 1870.
Enclosure in No. 76. Memorandum by Mr. Gtsborne. The Flax Commission appointed in accordance with the recommendation of the Select Committee of the House of Bepresentatives having represented the importance of obtaining exact and detailed information with respect to the culture and preparation of the Manilla hemp, His Excellency is respectfully requested to move the Eight Hon. the Secretary of State to ascertain from the Spanish Minister whether the Government of New Zealand could be supplied with copies of any official publications that may be in possession of the Public Departments of Spain, containing information as to the nature of the plant from which the fibre is procured, the mode of cultivation, the various processes of manufacture, the cost of preparation, and the average price of labour, together with reports of chemical or microscopic examination cf the fibre. A copy of the Eeport of the Flax Commission Committee is appended. W. Gisboene, Wellington, 22nd December, 1870. Colonial Secretary.
No. 77. Copy of a DESPATCH from Governor Sir G. F. Bowen, G.C.M.G., to the Right Hon. Earl of Kimberley. (No. 2.) Government House, Auckland, My Lord, — New Zealand, 3rd January, 1871. At the request of my Responsible Advisers, I have the honor to transmit, and to recommend to favourable consideration, the enclosed Ministerial Memoranda, soliciting the good offices of your Lordship in favour of the Hon. Julius Vogel, the Colonial Treasurer and Postmaster-General of New Zealand, who is about to proceed to England on important public business, as the representative of this Colony. I have, &c, The Right Hon. Earl of Kimberley. G. F. BOWEN.
Enclosures 1 & 2. Memoranda by Mr. Fox, 28th Dec., 1870, and 3rd January, 1871.
Enclosure 1 in No. 77. Memorandum by Mr. Fox. Ministers would bo obliged by His Excellency introducing to Her Majesty's Secretary of State for the Colonies, the Hon. Julius Vogel, a Member of Her Majesty's Executive Council, Colonial Treasurer, and Postmaster-General of the Colony.
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Memo, by Mr. Fox, 30th Doo., 1870.
Mr. Vogel is proceeding to England by way of the United States of America, where he is authorized to negotiate certain postal arrangements on behalf of the Colony. His business in England will relate chiefly to financial matters connected with the legislation of the Colonial Parliament during the last Session. Mr. Vogel in these and all other matters affecting the Colony, will represent the Colonial Government. Wellington, 28th December, 1870. William Fox.
Enclosure 2 in No. 77. Memorandum by Mr. Fox. In continuation of the Memorandum already sent to your Excellency on the subject of Mr. Vogel's mission, I have to state that, under the authority contained in the 19th section of "The Immigration and Public Works Loan Act, 1870," the Cabinet having decided to accept the Imperial guarantee for the Million Loan, on the terms and conditions specified in the Act of the Imperial Parliament, Mr. Vogel is fully empowered to conclude the arrangements with the Lords of the Treasury required by that Act. At the same time Mr. Vogel will propose some modifications and extensions, which will make the guarantee more conformable with the other financial arrangements of the Colony; and I have to express the hope that the Lords of the Treasury will see their way to adopt them. Wellington, 3rd January, 1871. William Fox.
No. 78. Copy of a DESPATCH from Governor Sir G. F. Bowen, G.C.M.G., to the Eight Hon. Earl of Kimberley. (No. 4.) Government House, Auckland, My Lokd, — New Zealand, sth January, 1871. Adverting to the previous Memorandum transmitted with my Despatch No. 122, of the 24th September ultimo, and to the remarks with which I accompanied it, I have now the honor, at the request of my Constitutional Advisers, to forward a further Ministerial Memorandum respecting the position of New Zealand in the event of Great Britain being unhappily involved in war with any Foreign Nation. I have, &c, The Right Hon. Earl of Kimberley. G. F. BOWEN.
Enclosure in No. 78. Memorandum by Mr. Fox. Ministebs respectfully desire to represent, through His Excellency, to the Imperial Government, the position of the Colony of New Zealand in the event of Great Britain being unhappily involved in war with any Foreign Nation, and the claim which the Colony has for adequate protection against external aggression. The Imperial Government have adopted and acted on the policy of repudiating all concern in civil war in the Colony, and have removed from it the Military Force which not only served as a moral support to Her Majesty's loyal subjects of both races, but which also constituted a material protection in the case of foreign war. Meanwhile the action of the Imperial Government —action in which the Colony has no share, and over which it can exercise no control —may suddenly plunge the Colony into foreign hostility, expose to serious damage its ports and its trade, and stimulate internal Native rebellion into renewed activity. Under these circumstances, the Colony has irresistible right to claim that the Imperial Government should take such steps as will secure it against the serious consequences, external and internal, of foreign war in the origination of which it has no voice and of which it will be compulsorily the passive victim. The present state of Europe makes this question one of vital import to the Colony, and Ministers feel it their duty to ask to be informed distinctly what measures of protection the Imperial Government will adopt, in case of war between England and any other nation. There appear to be two courses open, —either that the Imperial Government should supply adequate defence, which does not now exist, or sanction an arrangement with foreign powers that in the event of war the Colony should be treated as neutral. In making this representation, Ministers desire to reiterate the expression of the loyalty of the Colony to the Crown, and of their anxiety that it should always be preserved as an integral portion of the Empire. The same anxiety for the integrity of the Empire which actuated them in their recent appeal to the Imperial Government when the question at issue was confined to civil war, now actuates them in their present appeal, when that question is extended to a wider range and assumes a greater significance. The Colonists of New Zealand will cheerfully bear their due share, as loyal subjects to Her Majesty, in the maintenance of her Crown and dignity, and in the preservation of her Empire. They have been, and are now, within the limits of the Colony, engaged without external aid in that
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work; but when an external danger, beyond their control, not only imperils that work, but exposes them to foreign attack, Ministers feel assured th.it no justification is required for appealing to the Imperial Government on whom the responsibility for that danger, so far as the Colony is concerned, exclusively rests. Wellington, 30th December, 1870. William Pox.
No. 79. Copy of a DESPATCH from Governor Sir G. F. Bowen, G.C.M.G., to the Eight Hon. Earl of Kimberley. (No. 5.) Government House, Auckland, My Lord, — New Zealand, 6th January, 1871. The most prominent event during the past month has heen the residence of the Duke of Edinburgh at Auckland, and the visit paid by His Eoyal Highness to the Hot Lakes of the East Coast, and to the loyal clan of the Arawas; which visit is described in my Despatch No. 159, by this mail. 2. It will be seen that the state of affairs in that portion of this Island is very satisfactory; nor is there anything new of importance from the southern and western districts ; that is, so far as is known at Auckland up to this date. But I regret to say that some anxiety is felt about the present attitude of the so-called " King Party "in the Waikato. In my Despatch No. 151, of the 6th December ultimo, I mentioned that Mr. Todd, while surveying the land of a loyal chief, had been murdered by the Hauhaus, and that the verdict given at the Coroner's inquest was " Wilful murder against some Native or Natives unknown." The names of the alleged murderers have since been ascertained. They are residing in the territory of the so-called "Maori king," and Te Wheoro, Wi Patene, and other loyal chiefs, at the instance of the Colonial Government, recently demanded their surrender for trial before the Supreme Court, but received an evasive reply, closely resembling a direct refusal, from Tamati Ngapora, the uncle of Tawhiao. It is feared in many quarters that other murders of border settlers may be perpetrated. The posts of the Colonial Eorces in the Waikato have been strengthened, and other precautions have been taken. I annex a copy of a Circular Letter addressed by Mr. McLean to the friendly chiefs and clans. A full description of the Waikato will be found in my Despatch No. 31, of the 7th March ultimo, reporting my last visit to that district, and in the previous Despatches and other documents to which reference is made therein. 3. The monthly mail via San Erancisco will close at Auckland to-morrow. I will not fail to keep your Lordship informed by every opportunity of the progress of events in New Zealand. I have, &c, The Eight Hon. Earl of Kimberley. G. E. BOWEN. P.S. —I annex a translation of another Circular to the Maoris recently published by Mr. McLean, encouraging them, in particular, to continue the culture and preparation of the New Zealand flax (Phormiuni tcnax), for which there is a considerable demand in England. I am informed that this Circular has been favourably received, and that several parcels of flax, well " dressed " by the Natives, have been already provided for exportation to Europe. G. E. B.
Enclosure 1 in No. 79. Cieculae from Mr. McLean to Native Chiefs. Feiends, — Wellington, 14th December, 1870. You have probably heard the news of the recent murder of a European in the Waikato at Pirongia. This action has been taken during a time of quietness and peace. The Government have been striving to restore and promote peace, —their thoughts and endeavours have been continually devoted to this object; but this has been trampled upon by murder. The Government is searching out the causes of this crime. The word at this time is that those murderers should be given up to bo tried according to law, that this evil may be sought out, lest the many should suffer for the crime of one, two, or more individuals. This is a notification to you that you may hear it. When any further news is received it will be furnished to you. That is all. Tour friend, Donald McLean.
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Enclosure 2 in No. 79. To Wellington, 2Gth September, 1870. Friend, —Salutations to you. The time has now come when the cry of the riroriro is heard ; I therefore consider it right to give you a few words of advice, lest the riroriro should cry in vain. Pleiades is high in the heavens, the warm season has arrived, and the thoughtful man thinks it is time to cultivate food to enable him to live, and also to extend hospitality to strangers, lest he be in the same case as the thoughtless one who, when the season of the scarcity of food comes round, is in a very helpless condition. In former days all descriptions of food used by the Maoris, such as the kurnara, taro, and other things, were largely cultivated ; at present the cultivation of these articles of food has decreased. I therefore consider that you ought again to turn your attention to their cultivation lest they disappear altogether, and that the word of the proverb ought to be fulfilled which says, " The fame of a man brave in war is uncertain; but the fame of a man diligent or brave in tilling the " ground will always last." Another work which you are able to do is the preparation of flax. Formerly that was a great industry among you, but now it does not exist, and you have allowed the flax to be burnt and to rot, without considering what a source of wealth this plant which is growing is. You know that the Europeans send flax to England to be sold, but owing to the bad quality it commands but a small price. Dr. Featherston has visited the principal towns of England and Scotland, where they use flax and other such articles. He took with him some machine-dressed flax, but that did not find much favour. He also took a sample of Maori-dressed flax, which, though not dressed as well as it might have been, excited the admiration of the Europeans on account of its good quality and softness ; and they said that if all the flax from Xew Zealand were as good as that sample of Maori-dressed flax, it would command a high price, and would always find a ready market in England. Now you, the Maori people, should consider this, that the flax dressed by you is the kind preferred by purchasers, and that the machine-dressed flax is not nearly so good as yours ; it therefore seems to me that, if you will turn your attention again to that industry, it will benefit you very much. You must not forget to cultivate flax, so as to insure obtaining a superior quality to the dressed article. Now, I have decided to give a prize to the best workman in each district. It will be in this way : the person who grows the best acre of flax in his district will get £10. The person who will produce the best ton of dressed flax in his district will get £10. The way in which a decision will be arrived at as to the best-cultivated flax will be as follows: a European and two Maori chiefs, in each district, will be directed to inspect the various fields of flax, and report to the Government, so that they may know to whom they are to give the before mentioned prize, viz., £10. The decision as to the best-dressed flax will be arrived at as follows: the flax will be sent to England, and there sold. The person who has dressed the ton which commands the highest price will receive the money before mentioned, viz., £10. By-and-by you will be told the districts in which the prizes will be given. In addition to the above, the Government will give to the person who cultivates the best acre of flax, over all the districts, £50 ; and to the person who produces the best ton of dressed flax over all the districts, £50. The above sums of money are only prizes, and are given with a view to ascertaining who can produce the best article. The people must not think that these amounts are the prices which the flax will bring. This matter is arranged in the same way as cattle-shows, &c, are arranged, where the Europeans and Maoris send their beasts, &c, to every year. I know that you, the Maoris, are ignorant of the prices of flax, &c, in England ; therefore 1 think that, if you will again turn your attention to these industries, you will obtain the benefit of prosperity. That is all. Your friend, Donald McLean.
No. 80. Copy of a DESPATCH from Governor Sir G. F. Bowen, G.C.M.G., to the Right Hon. Earl of Kimbebxey. (No. 6.) Government House, Auckland, My Lord,— New Zealand, 7th January, 1871. I have the honor to report that the Parliament of New Zealand was dissolved by Proclamation on the 30th December ultimo, and that the writs have been issued for the forthcoming general election. 2. The Parliament would have expired by effluxion of time in next April, having been elected for five years in 1806 ; but my Constitutional Advisers were of opinion that it was better that this date should be anticipated, especially as the elections throughout the Colony will thus take place at a more generally convenient season of the year, that is, during the summer months of January and Eebruary. I have, &c, The Right Hon. Earl of Kimbcrley. G. E. BOWEN. 18
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No. 81. Copy of a DESPATCH from Governor Sir G. E. Bowen, G.C.M.G., to the Eight Hon. Earl of Kimberley. (No. 7.) Government House, Auckland, My Lord, — New Zealand, 10th January, 1871. I have the honor to transmit herewith copies of the judgment recently delivered by the Chief Judge of the Native Lands Court (the Hon. F. D. Eenton) in the important Kauwaeranga case; that is, in the case of the foreshore of the gold fields at the mouth of the River Thames (or Waihou), in the Province of Auckland. 2. In my Despatches No. 6, of the 10th, and No. 8, of the loth January, 1870, and in the documents forwarded therewith, will be found a full account of the Thames Gold Fields, and a reference to the difficulty which had sprung up from the Native claim to the foreshore.* In recently sending me printed copies of the judgment of the Court, Chief Judge Eenton wrote as follows : — " The upper part of the Eirth of Thames is very shallow, except where the 44 rivers falling into it keep open deep channels. Eor considerable distances from 41 the shores there stretch mud-flats, which are dry at low water. These banks " are the resort of great quantities of fish when the tide is in, and are full of " shell-fish, which may be collected when the tide is out. As fisheries they are, " doubtless, of considerable value. " When the great discoveries of gold took place near the mouth of the 44 Thames, in 1869, it was supposed that some of the richest veins passed under " these banks, and many persons began works upon them. The Natives, however, 44 claimed the banks, asserting that they were not included in the sale of the " adjacent land; and the Government, to a certain extent, recognized this claim "by negotiating with them. But terms not having been arrived at, the Natives " brought their claim into the Land Court, the Crown also appearing by Counsel. " The evidence was short, and the facts were virtually admitted; but the argu- " ments necessarily involved much research and occupied much time. I have " not heard whether either party intends to appeal against the judgment of the " Land Court." 3. I am aware, of course, that the Imperial Government no longer claims any control over the Native affairs, or other internal concerns of New Zealand. It will be understood that I forward these papers simply for your Lordship's information, as containing much interesting matter, and as affording additional proof of the care with which the Government, Parliament, and Courts of this Colony investigate the claims and protect the rights of the Maoris. I have, &c, The Right Hon. Earl of Kimberley. G. E. BO WEN.
* See especially Got. of N.Z. tb Sec. of State, No 6 of 1870, par. 4.
Enclosure in No. 81. Judge Fenton's Keport on Kauwaeranga case printed as separate Parliamentary Paper.
No. 82. Copy of a DESPATCH from Governor Sir G. P. Bowex, G.C.M.G., to the Eight Hon. Earl of Kimberley. (No. 8.) Government House, Auckland, My Lord, — New Zealand, 18th January, 1871. In continuation of my Despatches Nos. 154 and 159, of the 10th and 26th ultimo, I have the honor to report that Captain His Royal Highness the Duke of Edinburgh, in pursuance of the instructions of the Lords Commissioners of the Admiralty and of Commodore Stirling, took his final departure from New Zealand for England on the lGth instant. 2. I annex a copy of the letter (since published in the newspapers) which His Boyal Highness, on the morning of his departure, caused to be addressed to the Superintendent of the Province of Auckland, expressing his " gratitude for the 14 many marks of kindness which he had received from the inhabitants of the 44 Province during his stay in this, its capital city," and forwarding a liberal
Enclosure. Lieut, Ilaig'to Superintendent of Auckland, .Tan. 16,1871.
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Vide Appendix to Journals H. of K. 1870, D.—No. 14.
donation in aid of the local charitable institutions. His Royal Highness had already procured large contributions to the funds of these charities by means of several amateur concerts which the officers and men of the " Galatea " gave under the personal direction and supervision of their Captain. 3. The final departure of the Duke of Edinburgh from this harbour was marked by a public demonstration of respect and regret. The general feeling is thus accurately summed up in one of the journals of this city: — " The unassuming manners of the Royal Captain, the unostentatious manner •' in which he has mingled in Auckland society, and, above all, the countenance " and active assistance which he has rendered towards augmenting the funds of " our charitable institutions, have endeared him to all classes; and his visit to " this country will consequently be long remembered with pleasure by all and " with gratitude by not a few." 4. The Duke of Edinburgh and his suite were my guests at the Government Houses at Auckland and "Wellington during his visits to New Zealand. I may, perhaps, be permitted to repeat what I wrote at the close of the former visit, in my Despatch No. G4, of the 3rd June, 1869, viz., that I shall always cherish a grateful remembrance of His Royal Highness's constant kindness and indulgence to my family and myself during his residence with us. 5. In conclusion, it is certain that the late, like the previous visit of the Duke of Edinburgh to this country, was successful in every respect; and that it has been productive, directly and indirectly, of much public good. I have, &c, The Right Hon. Earl of Kimberley. G. E. BOWEN.
Enclosure in No. 82. Lieutenant Haio, R.E., to Superintendent of Auckland. Sie ,— H.M.S. " Galatea," Auckland, 16th January, 1871. I am directed by the Duke of Edinburgh to convey to you the expression of His Royal Highness's gratitude for the many marks of kindness he has received from the inhabitants of the Province of Auckland during his stay in this, its capital city. His Koyal Highness alludes more particularly to the courtesy and consideration shown to him on the occasion of his present visit. Nearly two years ago he came to Auckland in his position as a member of the Royal Family'; and the Province, like the other Provinces of this Colony which he had visited previously, did its utmost to manifest those loyal sentiments which such a visit was calculated to elicit. Once again His Royal Highness has visited Auckland, but on this occasion simply as the Captain of a man-of-war on the Australian station. His Royal Highness therefore doubly appreciates the consideration of the Province in providing for his use the means of driving about the neighbourhood. The Duke of Edinburgh wishes to express his warm gratitude for this mark of kindly feeling, as by consulting his personal tastes you have shown him that he is a welcome visitor. His Royal Highness has been much grieved to find that there is a large amount of distress amongst the poorer classes in Auckland; and he considers that he cannot evince the sincerity of the feelings which he entertains towards the inhabitants of the Province better than by asking you to apply the amount of the accompanying cheque in aid of the charitable institutions of this city. In conclusion, His Royal Highness desires to express his best wishes for the future prosperity and welfare of New Zealand. I have, &c, His Honor the Superintendent, Auckland. Aethue B. Haig, Equerry.
No. 83. Copy of a DESPATCH from Governor Sir G. F. Bowen, G.C.M.G., to the Right Hon. Earl of Kimberley. (No. 10.) Government House, Wellington, My Loud, — New Zealand, 31st January, 1871. I have the honor to transmit herewith copies of the Progress Report of the Flax Commissioners, appointed in pursuance of a recent resolution of the House of Representatives. 2. This document will be found to contain much practical and useful information respecting the growth and manufacture of the New Zealand flax (JPhonnium tenax). I have, &c, The Right Hon. Earl of Kimberley. G. I\ BOWEN.
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No. 84. Copy of a DESPATCH from Governor Sir G. F. Bowen, G.C.M.G., to the Eight Hon. Earl of Kimberley. (No. 12.) Government House, Wellington, My Lord, — New Zealand, Ist February, 1871. With reference to your Lordship's Despatch, marked " General," of the 30th September ultimo, I have the honor to report that I haAre on several occasions pointed out to my Responsible Advisers the expediency of having the next census of New Zealand taken on the same day with the census of the United Kingdom, viz., on the 3rd April, 1871. I regret to find, from the Ministerial Memorandum of which I now annex a copy, that this course cannot be followed. The Colonial Secretary writes: — " The next census of New Zealand is directed to be taken in February, 1871. " This was found necessary, as the Legislature appropriated funds only sufficient "to take the census and the agricultural statistics simultaneously; and after " careful inquiry it was ascertained that the collection of the agricultural statistics " in April would be impracticable, and, even if practicable, useless for the object " of their collection." I have, &c, The Right Hon. Earl of Kimberley. G. F. BOWEN.
No. 85. Copy of a DESPATCH from Governor Sir G. F. Bowen, G.C.M.G., to the Right Hon. Earl of Kimberley. (No. 13.) Government House, Wellington, My Lord, — New Zealand, 2nd February, 1871. The mail via San Francisco will be closed at Wellington to-morrow. I have little to add by this opportunity to the contents of my Despatch No. 5, of the 6th January ultimo, and of my previous monthly reports. 2. I left Auckland on the 21st ultimo, for Wellington, in H.M.S. " Virago," and arrived here on the 26th ultimo, after visiting several Native settlements on the East Coast of this Island. In particular, I visited at Hick's Bay and Tolago Bay the kaingas, or villages, of the loyal clan of the Ngatiporos, who received me with the most cordial respect. I delivered addresses to the assembled clansmen, and held satisfactory conferences with the principal chiefs. There is every reason to believe that the Ngatiporos, together with the Arawas and Wanganuis, will again take up arms for the Queen, in the event of any fresh hostile aggression by the disaffected tribes on the English settlements. 3. Commodore Stirling will sail in a few days for the principal ports in the Middle Island; and I have gladly availed myself of his offer to convey me thither in H.M.S. " Clio." As your Lordship is aware, a large majority of the English population of New Zealand resides in the Southern Provinces ; but I have hitherto been unable to leave the North Island for any length of time in consequence of the Maori war and disturbances. But under the existing circumstances of this country, I hope to devote, with advantage to the interests of the public service, some two or three months to the important duty of visiting the great Provinces of the South, and especially Otago and Canterbury. The " Clio " will proceed, in the first instance, to Hokitika, the chief town and centre of the population of the gold fields on the West Coast. Thence we intend to examine carefully Milford Sound, Dusky Bay, and the other magnificent but hitherto uninhabited and little known inlets of the south-western portion of the Middle Island, which are said to resemble, but to exceed in interest, the finest of the fiords of Norway. The Colonial Government propose to found settlements on some of these bays; and we hope to collect much useful and practical information with a view to this object. It is also expected that we shall be able to furnish new and valuable information to the Hydrographical Department of the Admiralty, and to the Geographical and Geological Societies of London. 4. We shall afterwards proceed to Dunedin, passing through Foveaux Strait
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I Viz., those , presented during ' the Session of ' 1870. I |
■ Enclosure. Opinion of Attorney-Generai ofN.Z. Vide ? Appendix to ■ Journals H. ofR., [ 1870, A.—No. 23. I k
Memo, by Mr. lf^° B"eb-
and visiting the principal harbours therein. It will be easily understood that the stormy weather which usually prevails off the south coast of New Zealand, or other circumstances beyond my control, may possibly prevent me from reaching Dunedin, or indeed any other port, in time to address your Lordship by the March mail. In that case, I have arranged that the Colonial Secretary shall forward a statement of any important event which may occur during the ensuing month. I have, &c, The Eight Hon. Earl of Kimberley. G. F. BOWEN.
• No. 86. Copy of a DESPATCH from Governor Sir G. E. Bowen, G.C.M.G., to the Right Hon. Earl of Kimberley. (No. 14.) Government House, Wellington, My Lord, — New Zealand, 2nd February, 1871. I have the honor to report that when the Imperial Parliamentary Papers respecting the affairs of New Zealand, which contained the Despatch from the Colonial Office, No. 121, of 4th November, 1869, reached Wellington, my Responsible Advisers referred to the Attorney-General the question raised in the concluding paragraph of that Despatch, concerning the legality of the offer, by the late Defence Minister, of a reward for Titokowaru. 2. I am now requested to transmit copies of the opinion of the AttorneyGeneral, which document has also been laid by the present Ministry before both Houses of the Colonial Parliament. 3. It need scarcely be added that, in common with the leading public men of all parties in this country, I certainly (in the terms of the above mentioned Despatch) " disclaim the application of martial law " in New Zealand. It ia well known that the ordinary legal tribunals have never been suspended for a single day during my administration, and that the officers of the Government, like all other persons, are amenable to the regular jurisdiction of the Supreme Court. I have, &c, The Right Hon. Earl of Kimberley. G. F. BOWEN.
No. 87. Copy of a DESPATCH from Governor Sir G. F. Bowen, G.C.M.G., to the Right Hon. Earl of Kimberley. (No. 16.) Government House, Wellington, My Lord, — New Zealand, 3rd February, 1871. At the request of my Responsible Advisers, I have the honor to transmit the enclosed Ministerial Memorandum respecting the appointment of Dr. Eeathcrston (lately one of the Commissioners) as Agent-General for New Zealand in the United Kingdom. 2. The high character of Dr. Eeatherston, and the important position which he has held in this Colony, are well known. I beg leave to recommend him to your Lordship's good oflices. He hopes to reach London in next May or June. I have, &c, The Right Hon. Earl of Kimberley. G. F. BOWEN.
Enclosure in No. 87. Memorandum by Mr. Gisborne. Ministers have the honor to intimate to His Excellency, for the information of the Eight Hon. the Secretary of State for the Colonies, that His Excellency will be advised to appoint, under the 45th section of " The Public Works and Immigration Act, 1870," the Hon. Isaac Earl Featherston to be Agent-General for New Zealand in the United Kingdom. A copy of the Act is enclosed. Dr. Featherston proposes to be in London in May or June next. W. Gisboene, Wellington, Ist February, 1871. Colonial Secretary. 19
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No. 88. Copy of a DESPATCH from Governor Sir G. E. Bowen, G.C.M.G., to the Right Hon. Earl of Kimberley. (No. 19.) Government House, Wellington, My Lord, — New Zealand, 3rd February, 1871. I have the honor to report that I caused to be published in the New Zealand Government Gazette, immediately on its receipt, the Circular Despatch of the 26th August ultimo, informing me that if the name of a candidate for the Naval Cadetship, falling in 1871 to the Colony of New Zealand, should not be received at the Colonial Office within the first quarter of that year, the nomination will be considered as having lapsed. I added, a notice to the effect that applications for this cadetship should reach me before the Ist January, 1871, and must be accompanied with the certificates of birth, education, &c, and all the other papers required by the Lords of the Admiralty, all of which had been already made known to the public through the Gazette and other channels. 2. It was my intention to have made a careful selection of the best qualified candidate, and to have recommended him for the nomination; but I have as yet received no application whatsoever, so I suppose that this year's nomination must lapse. 3. I am informed that there is some uncertainty here as to the time when another Naval Cadetship will fall to New Zealand, and request instructions on this point. I have, &c, The Right Hon. Earl of Kimberley. G. E. BOWEN.
No. 89. Copy of a DESPATCH from Governor Sir G. E. Bowen, G.C.M.G., to the Right Hon. Earl of Kimberley. (No. 20.) H.M.S. " Clio," Bligh Sound, My Lord, — New Zealand, 18th February, 1871. In my Despatch No. 13, of the 2nd instant, I reported that I had gladly availed myself of Commodore Stirling's offer to convey me in H.M.S. " Clio" on an official visit to the Middle Island. I added that, as your Lordship was aware, a large majority of the English population of New Zealand resides in the Middle Island; that I had hitherto been unable to leave the North Island for any length of time in consequence of the Maori war and disturbances; but that, under the existing circumstances of this country, I hoped to devote, with advantage to the interests of the public service, some two or three months to the important duty of visiting the great Provinces of the South. The "Clio" was to proceed in the first instance to Hokitika, the chief town and centre of the population of the gold fields on the West Coast. Thence we were to examine carefully Milford Sound, Bligh Sound, Dusky Bay, and the other magnificent but hitherto little known inlets ox fiords of the south-western portion of the Middle Island, on some of which it is proposed by the Colonial Government to found settlements. Afterwards, we intended to proceed to Dunedin, passing through Eoveaux Strait, and visiting the principal harbours therein. Dr. Hector, E.R.S., (the Director of the Colonial Museum, and of the Geological Survey of New Zealand,) whose eminent scientific attainments are well known in England, accompanied me in the " Clio," and it was expected that we should have been able to collect much useful and practical information with a view to the extension of settlement; and also to furnish fresh and valuable notices to the Geographical and Geological Societies of London. It may here be mentioned that an account of the south-western coast of New Zealand will be found in the " New Zealand Pilot," compiled chiefly by Admiral Richards, E.R.S., the present Hydrographer to the Admiralty;* and in a paper by Dr. Hector, published in the 34th volume (for 1861) of the Journal of the Royal Geographical Society. 2. I hoped to reach one of the principal southern ports in time to address your * Admiral Richards was formerly Commander of H.M.S. " Acheron," Captain (now Admiral) Stokes, which surveyed a large portion of the coast of New Zealand.
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Lordship by the March mail; but as I stated in my Despatch No. 13 (quoted above), "it will be easily understood that the stormy weather usually prevailing " off the south coast of New Zealand, or other circumstances beyond my control, " might possibly prevent me from reaching Dunedin, or indeed any other port," in time for that mail. I now deeply regret to say that the serious mishap which has befallen the "Clio" in Bligh Sound must detain us here for an uncertain period. Yesterday afternoon, the 17th instant, she struck on a sunken rock, unnoticed in the Admiralty Chart, near the middle of the channel in the second reach of this inlet. Commodore Stirling, who (I may be permitted to observe) has done everything that skill and caution can suggest, both to avoid this accident and to repair the damage occasioned by it, will, of course, send a detailed report to the Lords of the Admiralty. I will only remark that as the ship was making water fast through a leak in her port bow, she was immediately put back, and anchored in Bounty Haven, at the head of Bligh Sound. This is a safe and sheltered, though deep anchorage. The pumps easily kept the water down, while the divers (with two of whom the " Clio " is fortunately furnished) examined, and the carpenters partially stopped, the leak. I was very glad to be of some service in this emergency by pointing out, from my knowledge of their foliage, the best timber trees in the forests covering the slopes of the mountains around this harbour.* A party has been sent on shore to procure sufficient wood for such repairs as will, it is hoped, enable the " Clio " to put to sea again in the course of about a fortnight. Meanwhile we are absolutely cut off from all direct communication with the rest of the world, for the repeated attempts which have been made to discover a pass leading directly from the settlements in the Province of Otago to the sounds on its west coast, have hitherto completely failed, owing to the inaccessible character of the intervening forests and mountains. Dr. Hector, indeed, in 1863, found his way by a rugged and circuitous path from Martin's Bay (nearly forty miles north of Bligh Sound) to Queenstown, on Lake Wakatipu; and he now volunteered to attempt the same route again, with messages from myself to the Colonial Government, and from Commodore Stirling to the Officer Commanding H.M.S. " Virago " at Wellington. Accordingly Dr. Hector sailed for Martin's Bay last night in the launch of the " Clio," which will return to the ship after landing him there, with two seamen whom the Commodore has sent with him. 3. While awaiting the assistance which will doubtless be sent to us if Dr. Hector's expedition should prove successful, I will compile, for your Lordship's information, a brief account of our voyage from Wellington, and a few notices of the remarkable region in which we are now detained. 4. We left Wellington on the 4th instant, but the " Clio " was much delayed at first by baffling winds, and afterwards by a strong contrary gale from the southwest, with a heavy sea. We were thus prevented from visiting Hokitika, and did not reach, till the 11th instant, Milford Sound, where we remained, thoroughly examining that extraordinary inlet, until the 17th instant, when we proceeded to Bligh Sound. 5. Admiral Richards has observedt that the only harbours of shelter for large ships along the whole extent of the west coast of the Middle Island of New Zealand, a distance of five hundred miles, are the thirteen sounds or inlets j which penetrate its south-western shore between the parallels of 44° and 46° south latitude, including a space of little more than one hundred miles. They are (counting from the south), — 1. Preservation Inlet. 8. Nancy Sound. 2. Chalky or Dark Cloud Inlet. 9. Charles Sound. 3. Dusky Bay. 10. Caswell Sound. 4. Brcaksea Sound. 11. George Sound. 5. Daggs Sound. 12. Bligh Sound. 6. Doubtful Inlet. 13. Milford Sound. 7. Thompson Sound. * The totara (Podocarpus toiara) and tha Rimw, or red pine {Ducrydium cupressimum). The kauri (Dammara ■australis) is found only in the north part of the North Island. t See "New Zealand Pilot," chap. ix. Third Edition, 1864. j Any good map of New Zealand, and also the Admiralty Charts, will show all the places referred to in this Despatch.
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Mount Cook is higher than all but Mont Blanc and a few other summits of the European Alps.
See "N.Z. Pilot," p. 232.
Journal of the Royal Geographical Society, vol. xxxir. p. 100.
/See the Admiralty chart.
6. These arms of the Great Southern Ocean, cleaving their way through the massive sea-wall of steep and rugged cliffs, reach far into the wild solitudes of the lofty mountains which form the Cordillera or " dividing range " of the Middle Island. These mountains attain their highest elevation further north in Mount Cook, a snowy peak rising 13,200 feet above the sea-level, and visible in clear weather at a distance of more than a hundred miles to the mariner approaching New Zealand; thus forming a noble monument of the illustrious navigator who first recommended the planting of an English settlement in this country. Though Milford Sound far surpasses the others in wild magnificence of scenery, these inlets have many features in common. To quote Admiral Richards : —" A view " of the surrounding country from the summit of one of the mountains bordering " the coast, of from 4,000 to 5,000 feet in elevation, is perhaps one of the most " grand and magnificent spectacles it is possible to imagine; and standing on " such an elevation rising over the south side of Caswell's Sound, Cook's descrip- " tion of this region was forcibly recalled to mind. He says :—' A prospect more " ' rude and craggy is rarely to be met with, for inland appeared nothing but the " ' summits of mountains of a stupendous height, and consisting of rocks that " 'are totally barren and naked, except where they are covered with snow.' " We could only compare the scene around us as far as the eye could reach, north " to Milford Haven, south to Dusky Bay, and eastward inland for a distance of " sixty miles, to a vast sea of mountains of every possible variety of shape and " ruggedness; the clouds and mist floated far beneath us, and the harbour " appeared no more than an insignificant stream. The prospect was most " bewildering; and even to a practised eye, the possibility of recognizing any " particular mountain, as a point of the survey from a future station, seemed " almost hopeless." 7. The following extract from Dr. Hector's account of Milford Sound shows the probable mode of its formation: —"Three miles from the entrance of the " Sound it becomes contracted to the width of half a mile, and its sides rise " perpendicularly from the water's edge, sometimes for 9,000 feet, and then slope "at a high angle to the peaks that are covered with perpetual snow. The scenery " is quite equal to the finest that can be enjoyed by the most difficult and toil- " some journeys into the Alps of the interior; and the effect is greatly enhanced, " as well as the access made more easy, by the incursion of the sea, as it were, " into their alpine solitudes. The sea, in fact, now occupies a chasm that was in " past ages ploughed by an immense glacier; and it is through the natural " progress of events by which the mountain mass has been reduced in altitude, " that the ice stream has been replaced by the waters of the ocean. The evidence "of this change may be seen at a glance. The lateral valleys join the main one " at various elevations, but are all sharply cut off by the precipitous wall of the " Sound, the erosion of which was no doubt continued by a great central glacier " long after the subordinate and tributary glaciers had ceased to exist. The " precipices exhibit the marks of ice-action with great distinctness, and descend " quite abruptly to a depth of 800 to 1,200 feet below the water-level. Towards " its head the Sound becomes more expanded, and receives several large valleys " that preserve the same character, but radiate in different directions into the " highest ranges. At the time that these valleys were filled with glaciers, a great " • ice lake ' must have existed in the upper and expanded portion of the Sound, " from which the only outlet would be through the chasm which forms its lower " part." 8. On account of the great depth of water in these inlets, and of the sudden storms of wind rushing down from the mountains above, vessels are generally obliged also to moor to trees or pinnacles of rock, whenever they reach a cove in which an anchor can be dropped. Accordingly while we were in Milford Sound the " Clio " lay at anchor in Harrison's Cove, only a few yards from the shore, and moored head and stern to huge trunks of trees. Immediately above rose Pembroke Peak to the height of nearly 7,000 feet, covered with perpetual snow, and with a glacier reaching down to within 2,000 feet of the sea. The lower slopes of the mountains around are covered with fine trees, and with the luxuriant and evergreen foliage of the tree-fern and the other beautiful undergrowth of the
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New Zealand forests. Two permanent waterfalls of great volume, one 700 and the other 540 feet in height, add picturesque beauty to the gloomy and desolate grandeur of the upper part of Milford Sound. During a storm of wind and rain which prevailed during three days of our stay there, avalanches were frequently heard thundering down from the snow-fields above; while a multitude of foaming cascades poured over the face of the lower precipices, bringing down with them masses of rock and trunks of trees. In a word, Milford Sound combines the dark forests and winding channels of the fiords of Norway with the snowy peaks and glaciers of Switzerland. 9. At a later period I hope to lay before your Lordship a farther report containing full information respecting this portion of the Colony, its fauna and Jlora, and particularly its timber and fisheries. Whales and seals abound, as well as excellent fish of various kinds. As was intimated above, there are now no inhabitants whatsoever, either European or Maori, in any of these sounds. The few families of Natives seen in Dusky Bay, in 1773, by Captain Cook, appear to have become extinct. It was proposed some time ago to place some Norwegian emigrants on one or more of these fiords; but any project of this kind will require careful consideration by the Colonial authorities. Bligh Sound, 28th February, 1871. 10. On the 22nd instant the launch of the " Clio " returned to the ship, and reported that Dr. Hector and his two companions had been safely landed on the 19th at Martin's Bay, and had set out on their journey across the mountains to Queenstown, A river named the Katuka (or Hollyford), with a difficult bar at its mouth, runs into Martin's Bay from Lake McKerrow (or Kakapo), on the northern shore of which a few adventurous settlers from Otago have lately planted themselves. 11. Yesterday morning, the 27th instant, we were agreeably surprised by the arrival in Bligh Sound of a small coasting steamer, the " Storm Bird," despatched to our assistance,with fifty sheep and other provisions, by the Colonial Government, so soon as Dr. Hector had crossed the mountains and made our situation known. As I can be of no use on board the " Clio," and as Commodore Stirling must take her to be docked so soon as the temporary repairs are completed, I have determined to return in the " Storm Bird," and keep my promise to visit this year the Province of Otago, where preparations have been made for my reception. Invercargill, 3rd March, 1871. 12. I landed this morning at this, the most southern town in New Zealand, and lately the capital of the Province of Southland, reunited in 1870, by an Act of the Colonial Parliament, to the Province of Otago. I was received by the Superintendent and the other principal authorities, and most cordially welcomed by the population at large. 13. In subsequent Despatches I will transmit reports of the journey through the Middle Island, which will begin from this point; and copies of the addresses already presented to me, —all conveying strong expressions of devoted loyalty to the Queen, and of good-will to myself. On the present occasion I must confine myself to a brief account of my voyage from Bligh Sound to Invercargill in the " Storm Bird." 14. On the 27th and 28th of last month it blew a heavy gale from the south-west, and the Captain of the " Storm Bird " did not think it prudent to put to sea; but on the Ist March instant the weather moderated, and 11.M.5. " Virago " arrived from Wellington to the assistance of the " Clio," Commodore Stirling having sent instructions to that effect by Dr. Hector. At noon on the Ist instant I left Bligh Sound in the " Storm Bird," and, after passing successively the entrances to George, Caswell, Charles, and Nancy Sounds, we anchored at sunset in the secure harbour of Deas Cove, about three miles from the entrance of Thompson Sound. On the following morning, the 2nd instant, we started at daybreak, proceeded up Thompson Sound, and returned to the open sea by Doubtful Inlet. After passing the entrance to Dagg's Sound, we entered at 10 a.m. Breaksea Sound, and regained the sea by Dusky Bay, in which Captain Cook 20
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remained for some weeks in 1773. Afterwards we passed the entrances to Chalky and Preservation Inlets, and then proceeded to the Solander Islets, at the western mouth of Poveaux Sti'aits, because it had been reported that some seamen had been cast away therefrom a recent wreck. After a careful examination no trace of any visitors could be found on these desolate rocks, so we bore up for Invercargill, where the " Storm Bird " landed me (as I have said above) this morning. 15. As I have already stated, I will lay before your Lordship at a later period a full report on my recent visit to the West Coast of this Island. I have, &c, The Right Hon. the Earl of Kimberley. G. F. BOWEN.
No. 90. Copy of a DESPATCH from Governor Sir G. F. Bowex, G.C.M.G., to the Eight Hon. Earl of Kimbeiiley. (No. 21.) Dunedin, Otago, My Lord, — New Zealand, 10th March, 1871. In continuation of my Despatch No. 20, I have the honor to report that I yesterday arrived at Dunedin, the capital of the Province of Otago, having travelled overland from Invercargill, a journey of three days. 2. I had previously visited the townships of lliverton and Camphclltown, the latter situated at the important harbour of the Bluff. I had also formally opened, at the request of the Superintendent of the Province, the recent extension of the Bluff and Invercargill Railway to Winton, a distance of twenty miles. It is proposed that this railway shall ultimately reach Lake Wakatipu and the neighbouring gold fields. 3. Along the whole line of my route, and at every township which I have visited, I have received a cordial welcome from all classes of the inhahitants. Addresses have heen everywhere presented to me, with assurances of the continued loyalty of the population to Her Majesty's Throne and Person. By the next opportunity I will transmit copies of these addresses and of my replies. 4. After a stay of ahout ten days in Dunedin, I shall proceed on a journey through the gold fields and the rich pastoral and agricultural districts of the interior. On the completion of this tour I shall be in a position to lay before your Lordship a report showing the very remarkable progress of Otago, Avhere colonization began little more than twenty years ago. I may now mention that the annual public revenue of this single Province already exceeds that of the entire Colony of Tasmania. I have, &c, The Eight Hon. Earl of Kimberley. G. F. BOWEN. P.S.—llth March.—l have just received a telegram from Commander Sandys, 11. N., informing me that he had arrived at Wellington in the " Virago," having left Bligh Sound on the 4th instant, in company with the " Clio." Commodore Stirling had determined to take his ship to be docked at Sydney. I annex a copy of the generally accurate statement published in one of the Colonial newspapers, by a Special Reporter who went to Bligh Sound in the steamer " Storm Bird," despatched thither by the Colonial Government to the aid of the " Clio." G. F. B. [For Enclosure, see Southern Times, 7th March, 1871.]
No. 91. Copy of a DESPATCH from Governor Sir G. P. Bowen, G.C.M.G., to the Right Hon. Earl of KIMBEBLEY. (No. 22.) Dunedin, Otago, My Loud,— New Zealand, 13th March, 1871. I have the honor to report that, after my arrival at Dunedin, upon the official tour in which I am at present engaged, I read for the first time, in one of
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Enclosure. see Governor of J; f- t£Sc^of,. Mate, No. 20, of is7i.
the local newspapers, the printed correspondence noAV transmitted respecting the case Regina terms Barton. 2. It will, of course, be recollected that on the 20th February ultimo, when the pardon referred to in the enclosure appears to have been issued by the Colonial -!»-• • i j -ttt it j t ii tt ti- oi „/,,. n ,1 j -l Ministers at Wellington, I was on board H.M.S. Clio, then temporarily disabled in Bligh Sound, on the West Coast of this Island, and beyond the reach of postal and telegraphic communication with the Seat of Government. 3. I have called upon the Colonial Ministers for a statement of the proceedings in this affair, and for a copy of the opinion of the Attorney-General, on which they have acted. So soon as I receive these documents I will transmit them to your Lordship. Meanwhile, as the case of llegina v. Barton is now pending before the proper legal tribunals, I submit that it is obviously my duty to abstain from expressing any opinion concerning it. I have, &c, The Eight Hon. Earl of Kimberley. G. F. BOWEN. P.S.—lt appears that Mr. Barton .has already forwarded direct to your Lordship his letter of the 9th instant, and the papers appended to it. G. F. B.
Enclosure in No. 91. [Extract from Otago Daily Times of Saturday, 11th March, 1871.] TnE following correspondence has been handed to us for publication: — Mr. Bakto>~ to the Right Hon. Earl of Kimbeeley. My Lord, — Dunedin, New Zealand, 9th March, IS7I. I have the honor to submit for your Lordship's consideration the following statement of facts, with a view to enable your Lordship to determine whether, in the exercise of the power of granting a free pardon with which His Excellency the Governor of this Colony is invested, he has not, in the particular instance to which I am about to refer, altogether exceeded the letter and spirit of the ltoyal Instructions. I may preface what I am about to add by saying that I am a member of the Middle Temple, and of the New South Wales and New Zealand Bars. I was for some time a Lecturer at the Sydney University, and until very recently (and for a period of about two years and a half) I filled the office of Editor of the Otcu/o Daily Times newspaper, one of the most influential journals in this Colony. For the publication of a series of arti»l<*" in the Otago Daily Times (a journal which lias consistently advocated views opposed to the present Ministry), criticising and censuring the management, by His Excellency's Advisers, of the Electric Telegraph Department of this Colony, criminal proceedings have recently been instituted against me as the alleged author of these articles. These proceedings have taken the form of a preliminary inquiry before the Eesident Magistrate appointed to act in and for this district. His Excellency's Ministers are the prosecutors of the charges which have been brought against me. Should the Resident Magistrate consider that a prima facia case for further investigation is established by the evidence, I shall in due course be committed to take my trial at the next criminal assizes of the Supreme Court. Your Lordship will therefore see that I am no disinterested complainant. Upon the hearing of the first of the charges brought against me, Mr. Muston, the Sub-editor of the Daily Times, was called as a witness for the prosecution, and duly sworn. Upon being examined, be at first declined to give any evidence in support of the charge, upon the ground that the answers which he might be required to furnish would render him liable to a criminal prosecution. A free pardon was thereupon handed to Mr. Muston by the solicitors conducting the prosecution, of which I beg to enclose your Lordship a copy. Mr. Muston was then compelled to, and he did in fact, give evidence in support of the prosecution, winch evidence, without the stimulus of a free pardon, it may be assumed he would not otherwise have given. As Mr. Mustoii had never been convicted of the offence from the consequences of which the free pardon professed to exonerate him, and as no criminal charge had at any time been brought against him, it seems to me, and in this view I am sustained by the opinion of my legal advisers, that the pardon granted to Mr. Muston, in anticipation of a possible charge and conviction, was altogether ultra vires. The power —and I may add the only power —conferred upon His Excellency the Governor enabling him to grant a free pardon, is to be found in the sixth clause of His Excellency's Commission, and the fourteenth article of the Royal Instructions of 11th December, 1867, which are in the following words : — Clause 6 of ilic Governor's Commission, 1-ith November, 18G7. And we do hereby authorize and empower you, as you shall see occasion, in our name and on our behalf, to grant to any offender convicted of any crime in any Court, or before any Judge, Justice, or Magistrate within our said Colony, a pardon, either free or subject to lawful conditions, or any respite of the execution of the sentence of any such offender for such period as to you may seem fit, and to remit any fines, penalties, or forfeitures which may become due and payable to us.
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Article 14, TXoiial Instructions, Uth December, 1867. And whereas we have, by our said Commission, authorized and empowered you, as you shall see occasion, in our name and on our behalf, to grant to any person convicted of any crime in any Court, or before any Judge, Justice, or Magistrate within our said Colony, a pardon, either free or subject to lawful conditions : Now, we do hereby direct and enjoin you to call upon the Judge who presided at the trial of any offender who shall have been condemned to suffer death by the sentence of any Court within our said Colony, to mal<e to you a written report of the case of such offender, and such report of the said Judge shall by 3'ou be taken into consideration at the first meeting thereafter which may conveniently be held of our said Executive Council, where the said Judge shall be specially summoned to attend ; and you shall not pardon or reprieve any such offender as aforesaid unless it shall appear to you expedient so to do upon receiving the advice of our Executive Council therein, but in all such eases you are to decide either to extend or withhold a pardon or reprieve according to your own deliberate judgment, whether the Members of our said Executive Council concur therein or otherwise ; entering, nevertheless, on the minutes of the said Council, a minute of your reasons at length, in case you should decide any such question in opposition to the judgment of the majority of the Members thereof. I respectfully submit to your Lordship that in the exercise of the power conferred by the clauses just quoted, His Excellency was not legally justified in going one step beyond the terms of his authority, and that the issue of a free pardon to one who had never been charged with, and therefore never convicted of, an offence, is without precedent and illegal. However elastic the prerogative of mercy with which Her Majesty is invested may be, I respectful^ submit that His Excellency the Governor is possessed of no other powers than those which have been expressly conferred upon him by his Commission, the Royal Instructions, or the law of the land. In support of this view I beg leave to refer your Lordship to the judgment of the Privy Council in the case of Cameron v. Kyte (3 Kna.pp, P.C. 332), wherein the late Lord AVensleydale is reported to have said, — " If a Governor had, by virtue of his appointment, the whole sovereignty of the colony delegated " to him as a Viceroy, and represented the King in the government of that colony, there would be " good reason to contend that an act of sovereignty done by him would be valid and obligatory upon i: the subject living within his government, provided the act would bo valid if done by the Sovereign " himself, though such act would not be in conformity with the instructions which the Governor had " received for the regulation of his own conduct. The breach of these instructions might well be " contended, on this supposition, to be a matter resting between the Sovereign and his deputy, render- " ing the latter liable to censure or punishment, but not affecting the validity of the act done. But " if the Governor be an officer merely with a limited authority from the Crown, his assumption of an " act of sovereign power out of the limits of the power so given to him would be finally void, and the ': Courts of the Colony over which he presided could not give it any legal effect. We think the office " of Governor is of the latter description, for no authority or dictum has been cited before us to show " that a Governor can be considered as having a delegation of the whole royal power in any colony, as ''between him and Ihe subject, when it is not expressly given him by his Commission. And we are " not aware that any Commission to Colonial Governors convoys such an extensive authority." The cases of the Queen v. Clarke (7, Mos., P.C. 77), and Hill v. Biggo (3, Mos., P.C. 4G5), also decided in the Privy Council, are, I submit, strongly corroborative of the same view. I mighi perhaps with great justice urge that if, in an ordinary case, the exercise of His Excellency's pardoning power should be confined within the strict letter of his authority, even more scrupulously should the precise limits of that power bo respected when it is sought to exercise the prerogative of mercy in aid of a prosecution of a purely political character. Eor the information of your Lordship, I beg to enclose copies of the information laid before the Resident Magistrate, and the depositions of the witnesses who have been examined in support of, and in answer to, the charges brought against me. I beg also to append a certificate signed by a number of practising barristers in this city, showing the propriety of an inquiry into the subject-matter of this complaint. In conclusion, I may add that a copy of the letter has been forwarded to His Excellency through the Hon. Mr. Gisborne, the Colonial Secretary, with a request that he will transmit and report upon it to your Lordship in due course. I have, however, felt it my duty to communicate with your Lordship direct, in order that the consequences of any unnecessary delay may be obviated. I have, &c, The Right Hon. Earl of Kimberlcy, Her Majesty's Principal G. B. Barton. Secretary of State for the Colonies, &c.
"We have carefully perused the foregoing letter of Mr. G. B. Barton, and are of opinion that it discloses a fit case for inquiry by the proper authorities. Jas. Macasset, John Hyde HAEEir George Cook, Henry Ho worth, , John Bathgate.
The pardon referred to in the foregoing is as follows: — G. F. Bowkn, Governor. Whkueas it has been alleged that Charles Muston, of Dunedin, in the Province of Otngo, Sub-editor of the Otat/o Daily Time* newspaper, has aided and abetted or otherwise been concerned in the publication, in the Otnqo Daily 'limes newspaper, of certain defamatory libels of and concerning the Government of New Zealand as by law established, and of and concerning the administration and management
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NEW ZEALAND TO THE SECRETARY OE STATE.
Memo, by Mr. Sewell, Feb. 11, 1871.
by the said Government of the Electric Telegraph, established and maintained under and by virtue of the Act of the General Assembly, the short title whereof is " The Electric Telegraph Act, 1865 :" And whereas it appears unto me, Sir George Ferguson Bowen, the Governor of New Zealand, expedient to grant unto the said Charles Muston an absolute pardon of such offences: Now therefore I, Sir George Ferguson Bowen, the Governor of New Zealand, do hereby, in exercise and pursuance of all powers and authorities enabling me in this behalf, in the name and on behalf of Her Majesty the Queen, grant unto the said Charles Muaton an absolute pardon of the misdemeanours and offences aforesaid, and particularly of printing and publishing, in the issue of the Otago Daily Times newspaper of the third day of October last, a certain defamatory libel of and concerning the Government of NewZealand as by law established, and of and concerning the administration and management by the said Government of the Electric Telegraph, established and maintained under and by virtue of the Act of the General Assembly, the short title whereof is "The Electric Telegraph Act, 1865," and of printing and publishing, in the issue of the Otago Daily Times newspaper of the seventh day of October last, a certain other defamatory libel of and concerning the Government of New Zealand as by law established, and of and concerning the administration and management by the said Government of the Electric Telegraph, established and maintained under and by virtue of the said Act of the General Assembly. Given under the hand of His Excellency Sir George Ferguson Bowen, Knight Grand Cross of the Most Distinguished Order of Saint Michael and Saint George, Governor and Commander-in-Chief in and over Her Majesty's Colony of New Zealand and its Dependencies, and Vice-Admiral of the same ; and issued under the Seal of the Colony, at Wellington, this twentieth day of February, one thousand eight hundred and seventy-one. W. Gisboene. [Endorsed] Eegina v. G. B. Barton. This free pardon was produced and tendered to Mr. Charles Muston, a witness called and examined in support of an information for libel heard in the Eesident Magistrate's Court, Dunedin, on the 23rd day of February, 1871, Henet P. Moese, 9th March, 1871. Acting Clerk to the Eesident Magistrate's Court, Dunedin.
Mr. Baetok to the Hon. W. Gisboene. Sir,— Dunedin, 9th March, 1871. I have the honor to forward you herewith a copy of a letter addressed by me to the Eight Hon. the Secretary of State for the Colonies upon the subject of the recent exercise (in the case of Mr. Muston) of the pardoning power vested in His Excellency the Governor of this Colony. I bog respectfully to request that you will take an early opportunity of laying this letter and its enclosures under the notice of His Excellency. I have also to request that His Excellency will communicate with the Colonial Office, and report upon the subject of this correspondence at the earliest possible opportunity. I have, &c, The Hon. W. Gisborne, Colonial Secretary, &c. G. B. Baeton.
No. 92. Copy of a DESPATCH from Governor Sir G. F. Bowen, G.C.M.G., to the Right Hon. Earl of Kimberley. (No. 25.) Dunedin, Otago, My Lord, — New Zealand, 15th March, 1871. I am requested to transmit the enclosed Memorandum from the Postmaster-General of New Zealand, with reference to the alteration in the date : of departure from San Francisco of the mails for this Colony, announced in your | Lordship's Despatch No. 103, of the 21st November ultimo. I have, &c, The Right Hon. Earl of Kimberley. G. F. BOWEN.
Enclosure in No. 92. Memokandtjh by Mr. Sewell. The Postmaster-General has received the letter from the Earl of Kimberley to His Excellency, dated the 21st November last, transmitting a notice relative to an alteration of the date of departure from San Francisco of the mails for New Zealand. The Postmaster-G-eneral desires to express the thanks of the New Zealand Government to Her Majesty's Secretary of State for the Colonies for the attention shown by the Imperial Government to their request. General Post Office, Wellington, 11th February, 1871. Henby Sewell. 21
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Memo, by Mr. Gisborne, March 15,1871.
OoTerßor of N. Z to Sec. of State, Ho. 22, March 13, 1871.
No. 93. Copy of a DESPATCH from Governor Sir G. P. Bowen, G.C.M.G., to the Right Hon. Earl of Kimberley. (No. 26.) Dunedin, Otago, My Lord, — New Zealand, 18th March, 1871. In continuation of my Despatch No. 22, of the 13th instant, I have now the honor to transmit a Memorandum from Mr. Gisborne, the Colonial Secretary of New Zealand, written on behalf of himself and his colleagues, and shoAving the circumstances under which the pardon referred to by Mr. Barton, in his letter to your Lordship of the 9th instant, was issued, at Wellington, by the Responsible Ministers of the Colony, acting by the advice of the Attorney-General, and during my absence on an official tour in H.M.S. " Clio," on the West Coast of this Island. 2. It will be seen that a full Ministerial Statement, together with a report from the Attorney-General (who, as Mr. Gisborne remarks, is here a permanent and not a political officer), will be fonvarded from Wellington. As I have i. already stated, I will transmit these documents to your Lordship so soon as I receive them myself, and, in the meantime, I will carefully abstain from expressing any opinion whatsoever respecting a case which is now pending before the Courts of New Zealand, and which may ultimately be carried by appeal to the Judicial Committee of the Privy Council. I have, &c, The Right Hon. Earl of Kimberley. G. P. BOWEN.
Enclosure in No. 93. Memorandum by Mr. Gisborne. Mr. Gisborne presents his compliments to His Excellency the Governor, and begs to make the following remarks in anticipation of a formal Ministerial Memorandum enclosing a copy of the opinion of the Attorney-General on the question raised in Mr. Barton's letter of the 9th instant to the Right Hon. the Secretary of State for the Colonies, on the subject of a pardon given to Mr. Muston in the case Eegina v. Barton, now pending in the Court of the Eesident Magistrate at Dunedin. Mr. Gisborne feels it the more incumbent on him to make these remarks, inasmuch as Mr. Barton has not only sent his letter direct from Dunedin to the Secretary of State, and thus necessarily prevented His Excellency from transmitting by the same mail the opinion of the Attorney-General (who is at Wellington) on the legal question at issue, but Mr. Barton has also adopted the unusual course of publishing in the local press his own statement to the Secretary of State before the departure of the mail which takes it to England, while His Excellency is prevented, both in courtesy to the Secretary of State and by official usage, from similarly publishing his reply. The course adopted in the case in question was to give a pardon to a witness in a criminal case for the purpose of removing any objection on the part of such witness to give evidence, on the ground that his evidence might tend to criminate himself. This course was taken on the advice of the Attorney-General, and the form of pardon was settled by that officer, who, it may be observed, is not a Member of the Ministry, but holds permanent office under a special Act of the Legislature. It has been usual, during the present and former administrations of Governors, to intrust to the Responsible Advisers of the Crown signed blank pardons for exercise on their responsibility in the case of the absence of the Governor from the seat of Government. This practice is essential to the proper administration of justice, as the immediate release of prisoners is often necessitated by regulations in respect of good conduct, by medical causes, or other unforeseen circumstances. In the case in question it was impossible to communicate in time with His Excellency, who was on board 11.M.5. " Clio," on the West Coast of the Middle Island, and one of the blank pardons was, in the interests of truth and justice, issued in this case after it had been filled up under the advice of the AttorneyGeneral. Mr. Gisborne has forwarded the papers to Wellington, for the opinion of the Attorney-General, and that opinion, when obtained, will be forwarded in a Memorandum to His Excellency, for transmission, with a copy of Mr. Barton's letter, to the Earl of Kimberley. It should be added that there are precedents in New Zealand for issuing pardons under circumstances similar to the present case, and that no objection has hitherto been raised by the Judges of the Supreme Court. It is apprehended that they are the proper authorities, — subject, of course, to appeal to the Privy Council, —to decide whether this practice is ultra vires. This remark is more especially applicable to the present case, which is now pending in one of the Judicial Courts of the Colony. W. GISTSORNE, Dunedin, 15th March, 1871. Colonial Secretary.
NEW ZEALAND TO THE SECRETARY OE STATE.
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Enclosures 1 to 9.
Enclosure 10.
No. 94. Copy of a DESPATCH from Governor Sir G. E. Bows*, G.C.M.G., to the Eight Hon. Earl of Kimbe&ley. (No. 28.) Duneclin, Otago, My Lord, — New Zealand, 23rd March, 1871. In continuation of my Despatch No. 21, of the 10th instant, I have now the honor to transmit copies of the addresses already presented to me on my present official tour in the Province of Otago, together with copies of my replies. 2. It will he seen that these addresses all hreathe a spirit of devoted loyalty to the Throne and Person of the Queen, and show cordial good-will to myself as Her Majesty's Representative in New Zealand. 3. It will he recollected that Otago was originally founded mainly under the auspices of the Eree Kirk of Scotland, while the adjacent Province of Canterbury was founded mainly under the auspices of the Church of England. This day is kept as a public holiday, being the twenty-third anniversary of the foundation of Otago. On the 23rd of March, 1848, the little band of Scotch immigrants, under the leadership of the late Captain Cargill, first landed and pitched their tents on the site of the present City of Dunedin, then wholly uninhabited, and covered with a dense forest. Now, in 1871, after the lapse of only twenty-three years, I find from the Official Statistics that the population of the Province of Otago approaches nearly to seventy thousand (70,000); that the annual public revenue, ordinary and territorial, actually raised therein exceeds five hundred and twenty thousand pounds (£520,000) ; that the number of acres fenced is above one million; that the number of horses exceeds twenty thousand; of horned cattle, one hundred and ten thousand; and of sheep, four millions. The progress achieved in all the other elements of material prosperity is equally remarkable; while the Provincial Council has made noble provision for primary, secondary, and industrial schools; for hospitals and benevolent asylums ; for athenaeums and schools of art; and for the new University, which is to be opened at Dunedin in next June,—the professors, all distinguished members of the British Universities, having been already appointed. Moreover, Dunedin, the provincial capital, is a handsome and well built town, already containing, with its suburbs, twenty-one thousand souls. 4. With the above facts before me, I believe that I was fully justified in replying in the following language to the address of welcome recently presented to me by the Mayor and Corporation of Dunedin : — " I congratulate you on the rapid progress achieved by this City and Province '* during the brief period of their existence. Already the yearly Provincial revenue " of Otago alone exceeds that of the entire Colonies of Tasmania, Jamaica, " and Guiana, and others of the principal dependencies of the Crown ; moreover " I have seen, during my recent journey, large herds of cattle and flocks of " sheep overspreading the valleys and forests which, within the memory of persons " who have as yet scarcely attained to the prime of manhood, were tenanted only "by wild animals and a few wandering tribes of savages. I have travelled over " roads beyond all comparison superior to the means of communication which " existed less than a century ago in many parts of the United Kingdom. I have " beheld flourishing towns arising in spots where, hardly twenty years back, the " foot of a Avhite man had never trodden the primeval wilderness. Not only have " I admired these and many other signs of material progress, but I have found in " your excellent educational and benevolent institutions, and in your new Univer- " sity, ample provision made for all that can promote and adorn civilization—for " all that can embellish, refine, and console human life. Assuredly I have " observed, during the last few weeks, very remarkable illustrations of the " proverbial genius of the Anglo-Saxon race for the heroic, the noble, and truly " Imperial art of colonization." 5. I take this opportunity of transmitting a copy of the new map of the Province of Otago, lately published by the Provincial Government. The red line traced upon it is designed to show the course of my voyage and journey this year. Next summer I hope to be able to make an extended tour among the lakes and mountains, and also through the gold fields of the interior.
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6. I shall leave Dunedin to-morrow, proceeding overland to Christchurch, the capital of the Province of Canterbury, whence I shall next address your Lordship. I have, &c, The Right Hon. Earl of Kimberley. G. F. BOWEN.
No. 95. Copy of a DESPATCH from Governor Sir G. F. Bowen, G.C.M.G., to the Right Hon. Earl of Kimberley. (No. 29.) Dunedin, Otago, My Lord, — New Zealand, 24th March, 1871. With reference to my Despatch No. 6, of the 7th January ultimo, I have the honor to report that the elections for the new Parliament have now been completed, having been everywhere throughout the Colony carried on with perfect good order. I am advised that it will not be desirable to summon the Parliament for the despatch of business before the end of June or the beginning of July, the usual period of meeting for the annual Session. 2. Adverting to my Despatch No. 13, of the 2nd February ultimo, and to my previous reports respecting Native affairs, I beg to state that Mr. McLean informs me from the North Island that he is engaged in re-visiting the loyal Maori clans which I visited accompanied by him last year, and that the result is, on the whole, satisfactory. It appears, however, that the murderers of Mr. Todd in the Waikato have not yet been surrendered to justice, and that Te Hira, the Hauhau chief at Ohinemuri, on the River Thames, still refuses to allow the electric telegraph to be carried across his country; and has recently stopped by force the passage of the mails between Tauranga and Auckland. It is hoped that this latter difficulty will be peaceably settled ere long. I expect to be in Auckland again in next May. 3. It will be remembered that the Maoris in the Middle Island, where I now am, do not exceed in all fifteen hundred (1,500) souls, scattered over an area nearly as large as that of Ireland. Several years ago the Native title was extinguished by purchase in all the Provinces of this Island. Ample tracts of land were, however, reserved for the scanty remnant of this remarkable race. I have visited their principal kaingas, or villages, in the South, and have found them everywhere on the most friendly terms with their European neighbours. The chief Taiaroa, of Otago, a very intelligent man, has been elected by his countrymen to represent the Maoris of the Middle Island in the new Parliament. 4. I know of nothing else of moment to report by the next mail respecting Native matters and the internal affairs of the Colony generally. I have, &c, The Right Hon. Earl of Kimberley. G. F. BOWEN.
No. 96. Copy of a DESPATCH from Governor Sir G. F. Bowen, G.C.M.G., to the Eight Hon. Earl of Kimberley. (No. 31.) Christchurch, Canterbury, My Lord,— New Zealand, 10th April, 1871. In continuation of my Despatch No. 28, I have the honor to report that I left Dunedin on the 24th, and, travelling overland by short stages, reached Christchurch on the 31st ultimo. 2. Throughout this, as my previous journeys, I was heartily welcomed and hospitably entertained by the Provincial authorities of Otago and Canterbury ; by the Mayors and Municipal Councils of the rising towns of Oamaru and Timaru, through which I passed; and by the principal settlers on my line of route. On my arrival at Christchurch, the capital of the Province of Canterbury, I met with a reception from all classes of the community equally gratifying with that accorded to me on my previous official visit to this city in January, 1869, of which a full report was made at the time.* * See Governor of New Zealand to Secretary of State, No. 12, of 1869.
NEW ZEALAND TO THE SECRETARY OF STATE.
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Enclosures 1 to 6.
Enclosure 7.
3. I transmit copies of several of the addresses recently presented to me, as specimens of the rest, and showing the loyal spirit with which all are animated. Subjoined are my replies. 4. Last week, accompanied by the Superintendent of the Province, I made a very interesting excursion from Christchurch to the secure, commodious, and picturesque harbour of Akaroa, in Banks Peninsula. It will be recollected that several French families settled here about thirty years ago, at a time when it was thought probable in some quarters that this Island would be taken possession of by Prance. These French emigrants have preserved their national language and manners, but maintain the most cordial understanding with their fellow-colonists of British race. It will be seen that they presented me with an address, assuring me of their loyalty to " Notre bonne Reine Victoria," and of their attachment to the country of their adoption. 5. I annex the official map of the Province of Canterbury, including the County of Westland, which was separated from it in 1867 by an Act of the New Zealand Parliament. The new County comprises that portion of the former Province which lies to the west of the main ridge of the Southern Alps. 6. As your Lordship, together with other English statesmen, took an active part (which is by no means forgotten here) in the foundation of the Canterbury Settlement, you will learn with interest the remarkable progress which it has made during the first twenty years of its existence. It was on the 16th December, 1850, that the first band of emigrants sent out by the Canterbury Association, numbering about eight hundred (800) souls, and always loiowtl in the Colony as the " Canterbury Pilgrims," landed on these shores. I learn from the Official Statistics that the population of the Province (exclusive of Westland) is now, in round numbers, forty-two thousand (42,000) ; that the annual revenue raised in it from all sources exceeds three hundred thousand pounds (£300,000); that its trade (including exports and imports) approaches to one million and. a half of pounds sterling in value; that the total number of acres fenced is about one million ; while the number of horned cattle is estimated at sixty thoxisand (60,000), and of sheep at two millions and a half (2,500,000). Again, the Provincial Government and Council are actively pushing on railways, roads, and other public works calculated to develop the resources of the country ; while ample provision has been made, by the foundation of primary and secondary schools and other literary institutions, for the moral and intellectual as well as for the material progress of the community. Detailed statistics on all these points will be found in the annual " Blue Book "of the Colony. The official tours of a Governor are useful, for they enable him to point out, from personal knowledge and in an authoritative shape, the capabilities and resources of the several districts of the Colony over which he pi-esides, and the advantages which they afford for emigration and for the investment of capital. 7. The City of Christchurch, with its suburbs, now contains about eleven thousand (11,000) inhabitants, and is connected with the port town of Lyttelton (which has nearly three thousand [3,000] inhabitants) by a railway carried under the lofty hills surrounding the harbour—by a tunnel not far from two miles in length. All visitors are struck by the remarkably English appearance of Christchurch. 8. To-morrow I shall leave Christchurch for Hokitika, the chief town of the County of Westland. I have, &c, The Bight Hon. Earl of Kimberley. G. F. BOWEN.
No. 97. Copy of a DESPATCH from Governor Sir G. F. Bowen, G.C.M.G., to the Eight Hon. Earl of Kimberlet. (No. 34.) Government House, Wellington, My Loud,— New Zealand, 23rd April, 1871. With reference to previous correspondence on the subject, I have the honor, at the request of my Responsible Advisers, to transmit herewith a 22
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Enclosure 1. Memo, by Mr. Gisborne, of April 15,1871.
Enclosure 2. Copies of Postal Contract.
« 1 Enclosures 1 to 8. 1
Ministerial Memorandum, expressing their thanks to your Lordship and Her Majesty's Government for the instructions given to the British Minister at Washington to use his good offices in favour of the agent sent by the Government of New Zealand with the view of arranging postal matters with the United States. 2. I annex copies of the new postal contract made for the establishment of a line of steamers to run between San Francisco and New Zealand. I have, &c, The Right Hon. Earl of Kimberley. G. F. BOWEN.
Enclosure 1 in No. 97. Memobaitdtjm by Mr. Gisboexe. Miiststeks have had the honor of perusing Earl Kimberley's Despatch No. 10, of the 21st January last, in which His Lordship intimates that Earl G-ranville has instructed Sir E. Thornton to use his good offices in favour of the agent sent by the Government of New Zealand to Washington with a view of arranging postal matters with the United States. Ministers respectfully request that His Excellency would express to the Right Hon. the Secretary of State for the Colonies their thanks to Her Majesty's Government for their action in this matter. "W". GISBORXE, Wellington, April 15th, 1871. Colonial Secretary.
Enclosure 2 in No. 97. Vide Papers on Postal Service, 1871, (Enclosure lin No. 90, E.—No. 4, page 47.)
No. 98. Copy of a DESPATCH from Governor Sir G. F. Bowen, G.C.M.G., to the Right Hon. Earl of Kimberley. (No. 35.) Government House, Wellington, My Lord, — New Zealand, 24th April, 1871. Adverting to your Lordship's Despatch No. 14, of the 27th January ultimo, I am requested by my Responsible Advisers to convey their thanks to your Lordship and to Her Majesty's Government for the application made to the French Government relative to a proposed contribution from the French Colony of New Caledonia towards the mail packet service via San Francisco. I have, &c, The Right Hon. Earl of Kimberley. G. F. BOWEN.
No. 99. Copy of a DESPATCH from Governor Sir G. F. Bowen, G.C.M.G., to the Right Hon. Earl of Kimberley. (No. 37.) Government House, Wellington, My Lord, — New Zealand, 25th April, 1871. In continuation of my Despatch No. 31, by the last mail, I have the honor to report that on the 11th instant I left Christchurch, the capital of the Province of Canterbury, for Hokitika, the capital of the County of Westland. 2. It will be recollected that Westland was separated from Canterbury in 1867 by an Act of the Colonial Parliament, and erected into a separate " County," with a somewhat simpler form of administration than that established in the original Provinces. A " County Council" of nine members is elected by the people, and chooses from its own body its Chairman, who holds office for two years, and exercises most of the administrative powers vested in the Superintendents elsewhere. Full information on this subject is contained in the Papers transmitted with my Despatch No. 23, of the 18th March, 1868. Several important and significant facts as to the present condition of Westland will be found in the addresses presented to me there, and in my replies. 3. Before 1864, the western slopes of the Southern Alps were almost entirely
NEW ZEALAND TO THE SECRETARY OF STATE.
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" Greater Britain," Part ii. chap. 2. By SirC.W. Dilke, M.P.
uninhabited except by a few wandering families of Maoris ;* but in that year gold was discovered near the present site of Hokitika, and several thousand miners, chiefly from Australia and Otago, soon made their way thither. It appears from the Official Statistics that the population of Westland already amounts to sixteen thousand (16,000) ; its trade (including exports and imports) to one million three hundred thousand pounds (£1,300,000); and its public revenue from all sources to one hundred and fifty-four thousand pounds (£154,000). Hokitika, the chief town, has about three thousand five hundred (3,500) inhabitants. With these facts before me, it will be seen that I repHed to the address of the Mayor and Corporation of Hokitika in the following terms : —■ 11 I am indeed, as you anticipate, most favourably impressed Avith the progress " that Westland has made during the few years that her soil has been trodden by 11 civilized man. It was in February, 1865, that Mr. llolleston, now the Super--14 intendent of Canterbury, came here as the first Government officer, and found " only a few tents and huts erected on the site of this town. Already the existing " revenue and trade of Westland, —not to speak of your vast resources still " undeveloped, —entitle her not only (in your words) to take a leading position as " an integral portion of the Colony, but also place her high in the general list of " the dependencies of Great Britain; for it is a gratifying fact, apparent from " the Official Statistics, that this single County of New Zealand, in the seventh " year of its settlement, has already a larger revenue and trade than many entire " Colonies, such as Antigua, Bermuda, and Barbadoes, which have been colonized " for over two hundred years." 4. I travelled from Christchurch to Hokitika (a distance of one hundred and fifty [150] miles) by the good carriage road which has been constructed over a pass in the lofty range of the Southern Alps. This great work, and the other public works already finished or in progress in Canterbury and Westland, confer much honor on the energy .and enterprise of the settlers, and seem to justify the remarks contained in my reply to the address of welcome presented by the Totara Road Board:— " I congratulate you on the progress already made in roads, tramways, and " other public works during the brief period of the political existence of Westland. "In connection with this subject I will mention two significant facts. At the " beginning of the present century there was no carriage road over the European " Alps, although they had separated great countries and populous nations, and " had been traversed by rough paths for more than two thousand years. Now, in " 1871, twenty-one years after the first settlement of Canterbury, and seven years " after the first settlement of Westland, a good carriage road over the Alps of " New Zealand reminds the traveller of many of the features of the famous " Brenner Pass in the Tyro], and rivals the greatest triumphs of engineering " skill in the mountains of the old world. Again, less than a hundred years ago " there were no public conveyances between London and Edinburgh, the capitals "of two ancient and powerful kingdoms; indeed, the first stage coaches on the " modern system did not begin to run in England before 1784. Now, I need not " remind you that for several years past stage coaches have been running over the " Southern Alps between Christchurch and Hokitika, the capitals of two new « Provinces of this Colony." 5. Sir Charles Wentworth Dilke has accurately described the extreme beauty of this mountain road, and of the general scenery of Westland. He writes : — < " The peculiarity which makes the New Zealand West Coast scenery the most ] " beautiful in the world to those who like more green than California has to show, ] " is that here alone can you find semi-tropical vegetation growing close up to the-1 " eternal snows. The latitude and the great moisture of the climate bring the " glaciers very low into the valleys; and the absence of all true winter, coupled " with the rain-fall, causes the growth of palm-like ferns upon the ice-river's very " edge. The glaciers of Mount Cook are the longest in the world, except those " at the sources of the Indus, but close about them have been found tree ferns of * There are now, in IS7I, only sixty-eight (68) Maoris, men, women, and children, in Westland. When they sold the Native title to the land, the Government kept for them some valuable reserves, including part of the site of the Town of Greymouth. They thus receive large rents, and live in European comfort, with good houses, &c.
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t See Governor of N.Z. to Sec. of ' State, Nos. 27, 34, ' and 44, of 1868. " J See Sec. of State ] to Governor of N.Z., No. 59, of May 30, 1888, and No. 86, of August 5, 1868. ]
" thirty and forty feet in height. It is not till you enter the mountains that you " escape the moisture of the coast, and quit for the scenery of the Alps the scenery "of fairy land." And again, of the view from Hokitika at sunrise, Sir C. Dilkc observes:— " A hundred miles of the Southern Alps stood out upon a pale blue sky in " curves of gloomy white that were just beginning to blush with pink, but ended "to the southward in a cone of fire that stood up from the ocean; it was the " snow-dome of Mount Cook struck by the rising sun. The evergreen bush, " naming with the crimson of the rata-blooms, hung upon the mountain side, and " covered the plain to the very margin of the narrow sands with a dense jungle. " It was one of those sights that haunt men for years." G. The vicinity of the sea and the semi-tropical magnificence of the foliage are features in which the New Zealand Alps surpass the highest mountain ranges in Europe. As members of the Alpine Club have already scaled the peaks of the Caucasus, it is hoped that they will ere long explore the glaciers and summits of Mount Cook (which rises to the height of 13,200 feet), together with the neighbouring fiords, of which some account is given in my Despatch No. 20 of this year. I am confident that the Colonial authorities would give every facility in their power to an enterprise whicli probably presents no unusual toil to experienced mountaineers, while it could not fail to add largely to the general stock of geographical, geological, and botanical knowledge. Perhaps your Lordship would invite the attention of the Royal Geographical Society to this subject. 7. Almost the entire population of Westland is engaged, directly or indirectly, in gold mining, or in supplying the wants of the miners. It is very gratifying to observe the good order and respect for the law already established in a community so recently collected from many countries and nations, and employed in so exciting a pursuit. It should be mentioned that the only public force in Westland consists of thirty constables and three companies of Rifle Volunteers, formed by the miners themselves. But the magistrates can always rely, in case of need, on general support. In my reply to one of the addresses presented to me on the gold fields I spoke thus: — " I have learned with much pleasure and interest that a large number of " Germans and other foreigners have adopted this district as their home, and have " here become loyal subjects of the British Crown, and firm friends and kindly " neighbours of their British fellow-colonists. It is vei*y satisfactory to find that " the miners of all nationalities rival each other in upholding law and order, and " in attachment to that well-regulated freedom which respects the rights of others. " And here let me observe that the examples of Mr. Hoos,* the late, and of Mr. " Lahman* (my most kind and courteous host), the present head of the Ex- " ecutive Government of "Westland, prove that the highest offices in the State are, " under the free and expansive system of our Colonial institutions, open to all " alike, whether of British or of foreign birth. While the eminent positions to " which they have been raised by the confidence of their fellow-colonists confer " great honor on the gentlemen whom I have named, their success should " stimulate the immigration to New Zealand of increased numbers of their " countrymen in Europe. I earnestly hope and believe that the wise and " auspicious harmony now prevailing on the gold fields of Westland may never be " interrupted. Why, indeed, should it ever be disturbed ? Sixteen thousand " miles of ocean roll between us here, and the national prejudices and political " passions of the old world; the cries of religious strife and of party feeling are " indistinctly heard across half the globe." 8. In the latter portion of these remarks I referred more particularly to the Fenian disturbances whicli took place on the Westland Gold Fields in 1868, at the period when a Fenian attempted to assassinate the Duke of Edinburgh at Sydney. As I reported at the time,f I felt it to be my duty to send a man-of-war (H.M.S. " Falcon"), with a detachment of the 18th Regiment, to Hokitika, to aid the civil power, if necessary, in the suppression of the Fenian riots ; a measure which was entirely approved by Her Majesty's Government. $ The chief leaders were then * These gentlemen, successively Chairmen of the County Council of Westland, are Germans, though, of course, naturalized British subjects.
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arrested, tried, and convicted before the Supreme Court, and lightly but, as the result has proved, sufficiently punished. Eenianism, together with all other developments of the religious intolerance and political passions of Europe, appears to have quite died out in New Zealand. The spread of education* and the progress of industry alike have the effect of checking dissensions of an unprofitable nature; for, while the first teaches toleration for the opinions of others, the second leaves less time from the pursuit of temporal and practical objects for indulging in religious and party feuds. Thus the Irish immigrants seem now to have settled down into too busy and successful a portion of the Colonial population to have either the leisure or the inclination for useless demonstrations and quarrels; and (as it has been said) " their case exemplifies " the truth that there is nothing which takes the pugnacity out of men so much " as their becoming fully occupied and comfortably well-to-do." 9. The Irish in Westland, instead of organizing further political displays, have now, with great good sense, formed themselves into an "Hibernian Society," registered under the " Friendly Societies Act." On my visit to the gold fields they rivalled the miners of other nationalities in giving me an enthusiastic reception, erecting triumphal arches in my honor, and marching out in long processions to meet and escort me, headed by Volunteer bands playing " God Save the Queen," and other loyal and patriotic tunes. I took the opportunity of haranguing the several mining communities, praising their love of law and order, and exhorting them to persevere in the same excellent spirit and conduct. My speeches were everywhere received with hearty and universal applause; and I was assured by the local authorities that much public good will result from my visit. 10. In addition to the vast resources of the gold fields, some rich coal mines have been discovered in Westland; in particular near the Town of Greymoiith. I visited the principal mine, which was illuminated in honor of the occasion, and I was entertained by the managers at a luncheon underground. 11. I proceeded by sea from Greymouth to Wellington, arriving at the seat of Government on the 25th instant, having travelled by land and water nearly 3,000 miles during the last three months alone. I will ask permission to quote here poi'tions of my replies to the addresses of the Mayors and Corporations of liokitika and Greymouth. " I am aware that the public demonstrations of respect and esteem with " which I have been greeted in Westland, as also during my recent tour in the " neighbouring Provinces, and on my previous visits to all parts of New Zealand, " are due, not to any personal merit of my own, but rather to the fact that the " Governor, as the Representative of our beloved Queen, is regarded as a visible " link of union, connecting the Colony with the Crown and with the Mother " Country. But, supported and strengthened as lam by the Colonial Parliament " and people, it would be unpardonable if I were not to labour, to the best of my " ability and judgment, to perform the duties of my office, and thus to deserve " a continuance of the sympathy of all classes of my fellow-countrymen." And again:— " Thus I close at Greymouth my present official tour through the greater " portion of this Island —from Invercargill to Dunedin, from Dunedin to " Christchurch, and from Christchurch to Westland. I hope to return next " summer, and then to visit Nelson and Marlborough, and those parts of the " southern Provinces which my limited time would not allow me to see during " the past three months. These tours enable the Governor to make himself " personally acquainted with the varied resources of the Colony over which he " presides, and thus to make known authoritatively in the Mother Country the vast " field which it offers for emigration and for the investment of capital. Moreover, " I have often been told that as the Queen is the connecting link between the Pro- " vinces of the Empire, so the Governor is regarded as the connecting link between " the several Provinces of New Zealand. Certainly in the southern settlements " during my present tour, as in the northern settlements during previous tours, * Primary schools flourish in Westland as elsewhere in New Zealand. It will be seen (from Enclosure 3) that addresses were presented to me from the schools at liokitika, when above six hundred children were present and sang " Grod Save the Queen." 23
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DESPATCHES PROM THE GOVERNOR OE
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i Enclosure 1. Memo, by the Hon. Mr. Fox, April 8, 1871. Enclosure 2. Opinion of the Attorney-General ofN.Z., April 3, 1871.
Enclosure 2.
" the Colonists of all political parties, and of all social classes, have gathered " round me with simple and spontaneous loyalty, but with no abatement of the " manly and intelligent independence of the Colonial character, to assure me of " their devoted attachment to our Sovereign and to the British Empire, and of " their respect and esteem for myself. Such demonstrations, while most satis--11 factory on public grounds, cannot fail to be gratifying to me personally, and " encouraging to every public officer who may hereafter fill my place, for they are " a practical proof that if he will only perform his duty towards both the Crown " and the Colony with firmness, and honesty, his fellow-countrymen, the people " of New Zealand, will be sure to rally round him." I have, &c, The Right Hon. Earl of Kimberley. G. E. BOWEN.
No. 100. Copy of a DESPATCH from Governor Sir G. F. Bowen, G.C.M.G., to the Right Hon. Earl of Kimberley. (No. 38.) Government House, Wellington, My Lord, — New Zealand, 25th April, 1871. In continuation of my Despatches No. 22, of the 13th, and No. 26, of the 18th ultimo, I have now the honor to transmit a further Ministerial Memorandum, and also the opinion of the Attorney-General of New Zealand respecting the case of Regina v. Barton, showing the grounds of his advice to the Colonial Ministers in that matter, and the alteration which he thinks desirable in the terms of the Governor's Commission. 2. As the question raised by Mr. Barton, in his letter to your Lordship, of the 9th March ultimo, is of a legal character, and can be settled authoritatively only by the legal tribunals before which the case is pending, it would be improper on my part to offer any opinion upon it. But if it should be decided that the power of granting pardons before actual conviction has not been conferred upon the Governor, Her Majesty's Government will probably take into consideration the suggestion of the Attorney-General, viz., whether, if the power referred to can be exercised by the Crown in furtherance of the ends of justice amongst Her Majesty's subjects in the United Kingdom, that power might not advantageously be delegated expressly to the Governors of Colonies, for the benefit of Her Majesty's colonial subjects; —of course under such conditions, regulations, and restrictions as it may be thought expedient to prescribe. 3. With regard to New Zealand in particular, it is urged here that great inconvenience, and, indeed, clanger, will be experienced if it is decided that the Governor of this Colony does not possess the power (which, it appears, has often been exercised by my predecessors) of granting pardons to Maoris who have been in arms against the Crown, upon their submission and promise to live peaceably for the future. I have, &c, The Right Hon. Earl of Kimberley. G. F. BOWEN.
Enclosure 1 in No. 100. Memobandtjm by Mr. Pox. Ministers beg to enclose a copy of a Memorandum by the Aitoriiey-Gener.il of New Zealand on the subject of the letter addressed by Mr. Barton to Her Majesty's Secretary of State, Lord Kimberley, referring to the pardon granted to a witness in the case " Begina v. Barton," in order to obviate the plea of non-crimination. As Mr. Barton's letter has been forwarded to the Secretary of State, Ministers respectfully advise that that Memorandum should be also sent. Ministers would only further observe that the prosecution of Mr. Barton was in no way one of a political character, but simply for the purpose of publicly disproving libels affecting the integrity of the Telegraph Department, and of subjecting to the most searching examination the conduct of its business. In this course the Government were impeded by every obstacle which legal ingenuity could create, and it was only for the purpose of eliciting the truth, and therefore of promoting the ends of justice, that a pardon was presented to one of the witnesses, a course which, for all practical purposes, had, in the shape of promises of pardon, been repeatedly adopted in the Australasian Colonies, and for the adoption of which in the case in question there had been an exact precedent in New Zealand before the Chief Justice of the Colony. Wellington, Bth April, 1871. William Fox.
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A.—No. 1.
Enclosure 2 in No. 99. Memorandum by the Attoeney-Genebal. TnE Hon. the Colonial Secbetart, — This question arises out of a case in which Mr. Barton, lately the Editor of the Otatjo Daily Times, is charged with the indictable misdemeanour of writing and publishing in the Otago Bail;/ Times newspaper, of the Government of New Zealand, that it had made use of and supplied to other newspapers information which the agent of the Times had sent to that paper by the telegraph conducted by the Government under an Act of the New Zealand Legislature. The charge was repeated in the newspaper on several occasions. The Government was charged with actual dishonesty in the matter, and threatened with proceedings in the Supreme Court. It will be seen from this that Mr. Barton was not charged with what is generally understood as a political offence. The charge made against the Government was of a very serious nature, and calculated to withdraw the confidence of the public in the working of the telegraphs, all which in New Zealand arc owned and worked by the Government. The newspaper is owned, printed, and published by a Company incorporated under the Joint Stock Companies Act. The newspaper showing no disposition to carry out its threat of proving in the Supreme Court the charge made, and refusing to withdraw the charge, the Government thought it necessary that either the proprietors of the newspaper or the author of the libel should be indicted. The proprietors being a corporation, it was open to some doubt whether it would be held liable to indictment; at any rale there was no precedent for indicting a corporation for a libel or for any offence except for the non-repair or obstruction of roads. Moreover, it was considered very expedient that a public investigation on oath should without delay be made, in order that it should be shown that there was no foundation for the charge, and the proprietors being a corporation could not be compelled to appear before Justices of the Peace on an information for the offence. This being so, I advised that the prosecution should be against the author. The Newspaper Company, on being applied to by the Commissioner of Telegraphs, had refused to give any information as to the authorship of the articles in question. It was, however, generally understood that Mr. Barton was the Editor of the paper and author of the articles. Mr. Haggitt, the Crown Solicitor, informed me that it was probable the compositors and printers of, the paper would refuse to give evidence as to the authorship of the articles, on the ground that by so doing they would criminate themselves. It was ascertained that without the evidence of the persons engaged in printing the newspaper the authorship of the articles could not be proved. I therefore advised that a pardon should be granted to Charles Muston, whose evidence was required. This course was followed, and the evidence obtained by it proved Mr. Barton to have been the author of the libellous articles. He has since been committed for trial in the Supreme Court. The only object in claiming the privilege of non-crimination was to conceal the fact of Mr. Barton's being the guilty party. The only result of the pardon has been to compel the disclosure of that fact, and to secure the ends of justice. The advice which I gave was without consideration of the terms of the Governor's Commission. The terms of the Commission did not at the time occur to me : there was present in my mind only the fact that pardons had been given on a previous occasion to my own knowledge, and without objection ; and I was, of course, aware that the Crown had power to grant a pardon either before or after conviction, and I knew that a similar course had been taken in England, liegina v. Monro (Old Bailey, 1847) ; liegina v. Boyes (30, Law Journal, Queen's Bench), and, so far as I am aware, without objection. I regret that the terms of the Governor's Commission did not occur to my mind at the time, for I should then have done as I did on the previous occasion already referred to : I should have pointed out that the terms of the Governor's Commission seemed to limit his power of jiardon to the pardoning after conviction ; though no doubt I should also have advised, as 1 did on that occasion, that the pardon could be issued for what it was worth, and the witness might be left to make his objection. The case to which I have alluded was as follows : —ln 1868 proceedings were taken in the Supreme Court at Auckland, before Sir George Arney, the Chief Justice, for the recovery of penalties for smuggling, and other breaches of the Customs laws. To prove the acts it was absolutely necessary to obtain the evidence of two men who had been employed by the persons proceeded against. It was known that they would refuse to give evidence on the ground that they were not compellable to give any evidence tending to criminate themselves. Under these circumstances, the solicitor at Auckland conducting the prosecution applied to Government for pardons for these witnesses, and I was requested by the Customs Department to prepare pardons. I then advised as follows: —" The Governor's Com- " mission does not authorize him to pardon till after conviction, nor to remit penalties till due and " payable. In these cases the persons proposed to be made witnesses are liable to pecuniary penalties " and imprisonment, consequently they would not be bound to answer questions criminating them- " selves, unless the pardon went to the full extent of pardoning the offence and protecting from " imprisonment as well as pecuniary penalty. Though I think the Governor has not, strictly, authority " to grant a pardon in such cases until after conviction, yet I think that for the protection of the " revenue the pardon should be granted for what it is worth. The witness is not likely to refuse to " answer on the ground of invalidity of pardon." Thereupon the pardons were executed, and on the witnesses refusing to give evidence the pardons were handed to them in open Court by Mr. Whitaker, who conducted the prosecution for the Crown, and they gave evidence in the Supremo Court, before the Chief Justice. No objection was made to this either by the Court or by Mr. Gillies, who conducted the case for the defence. In the present case I ought, undoubtedly, to have pointed out that the Queen's prerogative as to pardon seemed not to have been, to its full extent, delegated to the Governor. I believe, however, that the terms of the Governor's Commission did not occur to my mind at all, but that, in the advice I gave, I was directed only by the knowledge that the Queen undoubtedly held this power and sometimes exercised it, and that it had been exercised by the Governor on the previous occasion without objection.
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In this case, I believe that if the terms of the Commission had occurred to me I should have advised that though the Governor's Commission may not in express terms delegate this power, yet that to further the ends of justice the widest interpretation should be given to the Commission, and that the pardon should be granted, leaving it to the witness to raise the question. For even if the pardon itself should be ineffectual to prevent prosecution of the witness for the offence of which he criminated himself, yet as the Attorney-General could enter a nolle prosequi to any indictment found, or the Governor could give a pardon if any indictment proceeded to trial and conviction, the witness would suffer no wrong. Indeed it is by no means clear that a promise of a pardon by the Queen would not be sufficient to deprive the witness of his privilege. The Crown, by the mere act of calling an accomplice as a witness, gives to the witness an equitable claim to a pardon; and though by the law of England (differing in this respect from the law of Scotland) he may, until pardoned, be liable to indictment, yet the Courts would in such a case bail the accused in order that he might obtain the pardon. It is worthy of remark that by the law of Scotland, by the very act of calling the accomplice and putting him in the box, the Crown is absolutely debarred from all title to molest the witness in the future, and consequently the witness is bound to answer fully. Whether or not the law of England is not similar to that of Scotland in this respect, where the prosecution is conducted by the Attorney-General for the Crown itself, and the Crown itself calls the witness and puts him in the box, does not seem to be decided, but, on principle, it would seem that he ought to be held compellable to to speak. See "Forsyth's Cases and Opinions," page 465. It is, of course, argued that the Governor's powers of pardoning being derived solely from, are limited by, the terms of his Commission and instructions ; and as the Commission mentions only " offenders convicted," " unconvicted offenders " are not included. So as to penalties, forfeitures, &c, that the power to remit such is limited to those for the recovery of which suits have been brought, for the expression is " fines, &c, which may become due and payable." But if the Governor cannot pardon before conviction, he cannot promise such a pardon. Yet, following the practice in England, it is not uncommon in New Zealand, Victoria, and other Colonies, for the Governors of the respective Colonies to promise, on behalf of the Crown, free pardons to persons, though accomplices, who will give information leading to the conviction of principal offenders. No objection has ever beeir taken to this. It has never been suggested that the Governor has no authority to promise a free pardon, or to fulfil such a promise. In 1865 the Governor, Sir George Grey, issued a Proclamation purporting to pardon, on behalf of the Queen, all Natives who had been in arms against the Crown, with certain exceptions. The Proclamation was made known to the Secretary of State for the Colonies by a special despatch from Sir G. Grey, and was received without objection. This was in form a pardon, not a mere promise of a pardon There can be no doubt that it is necessary that the Governor of a Colony, such as any situated at so great a distance from England as is New Zealand, should have the power to promise free pardons, and to fulfil his promise ; and that any limitation upon this power, such as it is contended is contained in the Commission, would be found to create grave difficulties in the administration of the Government and of justice. It is conceived, therefore, that it was not intended, by the language used in the Commission, to limit the power of the Governor to the pardoning of convicted offenders, but that the general power was impliedlv given. However, whether this bo the correct view or not, as it is evident that there should be vested in the Governor the power to promise and grant free pardons to persons implicated in crimes, whether before or after conviction, I submit that an alteration of the Governor's Commission in this respect should be obtained. I need scarcely observe that Mr. Barton, as defendant in this prosecution, has no ground of complaint in this matter. The privilege of not answering is that of the witness only, and not of the defendant. If the pardon were, as contended by Mr. Barton, invalid, as being beyond the Governor's delegated powers, the witness might have taken that ground at the inquiry, and refused to abandon his privilege, but he did not do so. A copy of the pardon granted by the Governor in this ease is attached. I also attach copies of some of the notices promising free pardons, issued on various occasions in New Zealand. Numerous instances of similar notices will be found in the Gazettes of other Colonies. It would appear from " Stokes Colonial Law " that terms apparently limiting the power of pardoning convicted offenders are of modern introduction. The language formerly used left the power without limit in this respect. 3rd April, 1871. James Prendeeoast.
Sub-Enclosures to Enclosure 2 in No. 100. G. F. Bowef, Governor. Vheeeas it lias been alleged that Charles Muston, of Dunedin, in the Province of Otago, Sub-editor of the Otago Daily Times newspaper, lias aided and abetted or otherwise been concerned in the publication, in the Otago Daily Times newspaper, of certain defamatory libels of and concerning the Government of New Zealand as by law established, and of and concerning the administration and management by the said Government of the Electric Telegraph, established and maintained under and by virtue of the Act of the General Assembly, the Short Title whereof is " The Electric Telegraph Act, 1865 :" And whereas it appears unto me, Sir George Ferguson Bowen, the Governor of New Zealand, expedient to grant unto the said Charles Muston an absolute pardon of such offences : Now therefore I, Sir George Ferguson Bowen, the Governor of New Zealand, do hereby, in exercise and pursuance of all powers and authorities enabling me in this behalf, in the name and on behalf of Her Majesty the Queen, grant unto the said Charles Muston an absolute pardon of the misdemeanours and offences aforesaid, and particularly of printing and publishing, in the issue of the Otago Daily Times newspaper of the third day of October last, a certain defamatory libel of and concerning the Government of New Zealand as by law established, and of and concerning the administration and management
NEW ZEALAND TO THE SECRETARY OF STATE.
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A.—No. 1.
by the said Government of the Electric Telegraph, established and maintained under and by virtue of the Act of the General Assembly, the Short Title whereof is " The Electric Telegraph Act, 1865," and of printing and publishing, in the issue of the Otaqo Daily Times newspaper of the seventh day of October last, a certain other defamatory libel of and concerning the Government of New Zealand as by law established, and of and concerning the administration and management by the said Government of the Electric Telegraph, established and maintained under and by virtue of the said Act of the General Assembly. Given under the hand of His Excellency Sir George Ferguson Bowen, Knight Grand Cross of the Most Distinguished Order of Saint Michael and Saint George, Governor and Commander-in-Chief in and over Her Majesty's Colony of New Zealand and its Dependencies, and Vice-Admiral of the same, and issued under the Seal of the Colony, at Wellington, this twentieth day of February, one thousand eight hundred and seventy-one. W. Gisborne.
Notice. —£100, Reward, and a Free Pardon. Attorney-General's Office, Auckland, 23rd February, 1864. The Government of New Zealand will pay a Reward of One Hundred Pounds to any person who shall give such information as shall lead to the apprehension and conviction of any offender or offenders guilty of murdering Mr. Robert Stillingfleet Rayner, of Rangitikei. His Excellency the Governor will also grant a Free Pardon to any person implicated in the above murder who shall give the required information. Fredk. Whitaker.
Notice. — Free Pardon to an Accomplice. Attorney-General's Office, Wellington, 11th October, 1855. WnEREAS on Monday, the 4th day of September, 1865, Mr. Walmsley, of the Bank of New South Wales, was attacked and robbed, about 12 o'clock in the day, by about four or five armed men, between No Town and the Twelve-Mile, on the Grey River Gold Fields, in the Province of Nelson, about fourteen miles distant from Greymouth, in the Province of Canterbury, of S2l ounces of gold dust and about £1,000 in bank notes : This is to notify that His Excellency the Governor will grant a Free Pardon to any person implicated in the robbery aforesaid, who shall give such information as shall lead to the apprehension and conviction of any one or more of the other offenders. Hexrt Sewell.
Notice. Colonial Secretary's Office, Wellington, 21st June, 1866. Whereas a person of the name of George Dobson, Civil Engineer, in the service of the Provincial Government of Canterbury, has mysteriously disappeared in the neighbourhood of Grey liiver, Province of Canterbury : Notice is hereby given that, should the said George Dobson have been murdered, His Excellency the Governor will grant a Free Pardon to any one implicated in such murder, except the actual murderer, who shall give such information as will lead to the appreheusion and conviction of the murderer or murderers. E. W. Stafford.
Notice. —£2oo Reward, or a Free Pardon to an Accomplice. Colonial Secretary's Office (Judicial Branch), Wellington, 26th June, 1866. Whereas persons of the names of Felix Matthews, John Kempthorne, James Dudley, and James Pontius, have mysteriously disappeared: And whereas it is supposed that they have been murdered on the road between Nelson and Marlborough : This is to notify that should these persons, or any of them, have been murdered, a Eeward of Two Hundred Pounds (£200) will be given to any person who will give information that will lead to the conviction of the perpetrators ; or His Excellency the Governor will grant a Free Pardon to any person implicated in such murder, except to the actual murderer or murderers, who shall give such information as shall lead to the conviction aforesaid. E. W. Stafford.
Notice. Colonial Secretary's Office (Judicial Branch), Wellington, 16th August, 1869. Whereas a house in Greymouth, known as the " Melbourne Hotel," was destroyed by fire on the eleventh clay of June last: And whereas an attempt was made to set on fire a shop in Greymouth, belonging to Sampson and Cook, on the twelfth day of July last, and it is supposed that the said fires were caused wilfully by an incendiary or incendiaries, and that the said attempt to set the said shop on fire was wilful and felonious : It is hereby notified that His Excellency the Governor will grant a Free Pardon to any person implicated in the said supposed crime, not being the sole or principal offender, who shall give such information as will lead to the apprehension and conviction of the perpetrators, or of any one or more of them. W. Gisboene. 24
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DESPATCHES PROM THE GOVERNOR OP
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Enclosure 1. Governor of if.Z. to Commodore Stirling, April 14, 1871, with 4 SubEnclosures. Enclosure 2. Commodore Stirling to Governor of N.Z., Marchj29, 1871. Enclosure .'i. Memo, by Mr. McLean. Enclosure 4. Governor of N.Z. to Commander Sandys, R.N., April 24, 1871. Enclosure 5. Governor of N.Z. to Commodore Stirling, April 28, 1871. * Enclosure 3 and Sub-Enclosures 2 and 3 in Enclosure 1.
Notice. Colonial Secretary's Office, Wellington, 15th February, 1870. Whereas a fire, supposed to have been caused by the act of an incendiary, occurred at an early hour on the 26th day of December last, in Casliel and Colombo Streets, at Christchurch, in the Province of Canterbury, by which the premises occupied or owned by Messrs. Beath and Co., Law Brothers, and Messrs. Pratt, Sutherland, Duncan and Sons, Wood, Cunningham, and Peter Duncan, respectively, were wholly or partially destroyed : And whereas a further attempt was made to burn down the premises of Messrs. Haywood Brothers, in Colombo Street, on the 22nd of January, 1870 : It is hereby notified that His Excellency tlic Governor will grant a Free Pardon to any accomplice in such acts or either of them, not being a principal offender, who shall give such information as will lead to the apprehension and conviction of the principal offender or offenders. W. Gisisobne. Notice. Colonial Secretary^ Office, Wellington, 20th June, 1870. Whereas a fire, supposed to have been caused by the act of an incendiary, occurred on the 7th day of April last, at Onehuuga, in the Province of Auckland, by which an unoccupied house, the reputed property of one Anne Pi 1 kin»ton, was destroyed : It is hereby notified that His Excellency the Governor will grant a Free Pardon to any accomplice in such act, not being a principal offender, who shall give such information as will lead to the apprehension and conviction of the principal offender or offenders, or any of them if more than one. W. GISEOETTE, Colonial Secretary.
Notice. — Free Pardon, to an Accomplice. Colonial Secretary's Office (Judicial Branch), Wellington, 11th August, 1870. "Wheeeas it is supposed that a house, lately belonging to Mr. Joseph Bennett, situated in Edinburgh Street, Mount St. Mary's, in the suburbs of Auckland, was set on fire, on the night of the 4th ultimo, by the act of incendiaries : This is to notify that His Excellency the Governor will grant a Free Pardon to any person implicated in the said act, who shall give such information as will lead to the apprehension and conviction of any one or more of the other offenders. W. Gisbohne, Colonial Secretary.
No. 101. Copy of a DESPATCH from Governor Sir G. F. Bowen, G.C.M.G., to the Bight Hon. Earl of Kimberley. (No. 39.) Government House, Auckland, My Lord,— New Zealand, Ist May, 1871. I have the honor to forward herewith copies of the correspondence, as noted in the margin, which has recently taken place between myself, the Ministers of this Colony, Commodore Stirling, and Commander Sandys, R.N., of H.M.S. " Virago ;" in consequence of Commodore Stirling having proposed to leave New Zealand temporarily without a ship of war. 2. On the grounds stated in my letter to the Commodore, of the 14th April ultimo, and for the reasons so strongly urged by the Colonial Ministers (Messrs. Eox, Gisbornc, and McLean) in the documents forwarded herewith,* I trust that arrangements may be made, under the very peculiar circumstances of this Colony, to secure for it the moral support of at least one of the ships of the Australian squadron. 3. I make this recommendation with the more confidence, inasmuch as it appears to be entirely in harmony with the spirit of several of your Lordship's and of Lord Granville's Despatches, and, as I am assured by Dr. Eeatherston, with the intentions of Her Majesty's Government as expressed to himself and Mr. Dillon Bell, when they were recently in England as Commissioners for New Zealand. 4. It will be remembered, of course, that New Zealand is the only one of this group of Colonies which is exposed to internal danger; while, in case of a foreign war, it is equally exposed with its neighbours to external attack. I have, &c, The Right Hon. Earl of Kimberley. G. F. BOWEN.
NEW ZEALAND TO THE SECRETARY OF STATE.
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A.—No. 1,
Enclosure 1. Commander Sandys, R.IT., to G-overnor of N.Z., April 11, 1871. Enclosures 2 and 3.
Enclosure 4.
Enclosure 1 in No. 101. Goveenoe of New Zealand to Commodore Stirling. Sic,— Hokitika, New Zealand, 14th April, 1871. I have the honor to inform you that on the morning of the 12th instant I received a telegram (of which I enclose a copy) from Commander Sandys, E.N., stating that he had received orders from you to proceed to Sydney with H.M.S. " Virago," and that he wished to leave Wellington, in pursuance of those orders, On the afternoon of the same day. 2. At the same time I received telegrams (of which also I annex copies) from Mr. Fox, the Prime Minister, and from Mr. Gisborne, the Colonial Secretary of New Zealand, expressing the strong opinion entertained by Ministers of the danger of leaving New Zealand, under existing circumstances, and even temporarily, without a single ship of war. As this opinion is shared by all those who know tho Maoris best, and as I am aware that it is the often expressed desire of the Imperial Government that the Colonial Government should have the support of the Royal Navy in maintaining the Queen's authority and law and order in this Colony, I immediately sent to Captain Sandys the telegram of which a copy is enclosed, to which that officer replied that he would await my arrival in Wellington. 3. The rebel Natives in the North have recently stopped, by force, the mail between Tauranga and Auckland, and refused to deliver up to justice the murderers of Mr. Todd, a Government Surveyor. Mr. McLean, the Minister for Native Affairs, is now engaged in critical negotiations with the leading Maori chiefs of the North on these matters ; and the impression which would be made on their minds by the withdrawal, even for a time, of Her Majesty's ships from the waters of New Zealand (a measure which would be certainly misrepresented by the disaffected), is regarded as very hazardous. On the whole, I hope that the " Virago " will not leave this Colony until she shall have been relieved by another of H.M. ships under your command. I have, &c, Commodore Stirling, H.M.S. " Clio," Sydney. G. F. Bowen. P.S. —April 17.- —Since the above was written, I have received your letter of the 29th ultimo. From the communications addressed to me by the Imperial Government, I feel convinced that the Admiralty, under the circumstances stated, will entirely approve the proposed delay of three or at the most four weeks in t!ie departure of the " Virago " from New Zealand. In my opinion, she had better proceed from Wellington to Auckland, touching at Tauranga on the way, and await at Auckland the arrival there of the " Bosario," which, as I learn from your letter, may be expected early next month. I shall return to Wellington myself as soon as possible, and go to Auckland before the beginning of May. G. F. B.
Sub-Enclosure 1 to Enclosure 1 in No. 101. Commander Sandys, 8.N., H.M.S. " Virago," to His Excellency the Goveenoe. (Telegram.) Wellington, 11th April, 1871. Have received orders from Commodore to proceed immediately to Sydney. Wish to sail to-morrow (Wednesday) afternoon. " Rosario "at Auckland middle of May. Am aware of the news you would communicate about Otago. H. S. Sandys.
Sub-Enclosure 2 to Enclosure 1 in No. 101. Mr. Fox to His Excellency the Governoe. (Telegram.) Marton, 12th April, 1871. Hon. Me. Giseoene has forwarded to me copy of his telegram to your Excellency, relating to information given by Captain Sandys that H.M.S. " Virago " is ordered home, and will leave New Zealand waters almost immediately. I can only add to what Mr. Gisborne has said, my own expression of opinion that whether the additional evidence which the removal of the " Virago " will present to the Native mind of the intention of the Imperial Government to leave the Colony to its unaided resources may lead to any renewal of hostilities or not, it cannot but tend to that direction, and must make the task of confirming peace far more difficult than it is. The energies of the Government and of the whole people of the Colony have for some years past been taxed to the utmost towards the attainment of those objects, and now, when partial success has been attained and there is good hope for the future, it is very hard to have this new difficulty thrown in our way. The removal of the land forces and the manner in which it was done, and Lord Granville's celebrated Despatch, tried the loyalty of the Colony very severely, and I consider it my duty to state, in tho plainest possible manner, that should the Colony arrive at the conclusion that the Imperial Government intends to withdraw the countenance afforded by the presence of a Naval force, small as it already is, it will be very difficult for many of the best affected to retain those feelings of attachment to the parent country which have hitherto been so strongly felt and warmly expressed. W. Fox.
Sub-Enclosure 3 to Enclosure 1 in No. 101. Mr. Gisboene to His Excellency the Governor. (Telegram.) Wellington, 11th April, 1871. Captain Sandys personally informs me that tho "Virago" has been ordered home at once by the Admiralty, and that tho Commodore has instructed him to go forthwith to Sydney for that purpose, after communicating with your Excellency, and unless there is some fear of renewed Native disturb-
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ances. I have in writing asked Captain Sandys to wait for a reply from your Excellency to a telegram which I understand he has sent you to-day on this subject. Mr. Sewell and I are strongly of opinion that this sudden withdrawal of the " Virago," and the absence of any man-of-war in the New Zealand waters, would, in the present state of Native affairs, and especially in the face of the critical occurrences now taking place in the Waikato, Thames, and Tauranga Districts, be very hazardous, and would greatly add to the difficulty of preventing disturbances ; and, in the event of its occurrence, of restoring tranquillity. The power of securing the immediate presence of a man-of-war in Tauranga Harbour, or in any other threatened place, is a great means of preserving peace, and we regard the withdrawal of such power as very perilous. We also respectfully submit that to leave New Zealand without at least one man-of-war is contrary to the spirit of the reiterated promises of the Imperial Government. The crisis through which the Colony is now passing is difficult and dangerous, and the presence of some of Her Majesty's ships on the coast is of great importance to its safe and successful passage through that crisis. We would also observe that after the warning Her Majesty's Government has given your Excellency of a possible filibustering expedition against British commerce in these waters, the Colony has a claim in addition to the special claims on other grounds. Mr. Pox is at Eangitikei, but we will telegraph to him, and we doubt not that he will coincide in these views. W. Gisboene.
Sub-Enclosure 4 to Enclosure 1 in No. 101. His Excellency the Governor to Commander Sandys, E.N., H.M.S. " Virago." (Telegram.) Hokitika, 12th April, 1871. I have received your telegram, and also telegrams from the Colonial Ministers strongly urging that to leave New Zealand without a single man-of-war would be very perilous, in view both of the critical state of Native affairs in the North and of the warning sent by the Imperial Government of a possible filibustering expedition from America against Otago. This Colony has not been without at least one of the Queen's ships for several years past, and the effect on the Native mind of their entire withdrawal, even for a time, is regarded as very hazardous. Under these circumstances I request you to postpone the departure of the " Virago." I take the responsibility on myself. I will write to Commodore Stirling. I shall return to Wellington as soon as possible. Pray reply to Hokitika. G. F. Bowen.
Enclosure 2 in No. 101. Commodore Stirling to the Governor of New Zealand. Tour Excellency,— " Clio," at Sydney, 29th March, 1871. I beg to inform your Excellency that the Lords Commissioners of the Admiralty having ordered Her Majesty's ship " Virago " to England without waiting to be relieved, I am obliged to withdraw her from New Zealand; and as there is no ship available to take her place, I regret that New Zealand will be left for a short time without a ship of war. The " Eosario " may be expected at Auckland about the first week in May. I have, &c, His Excellency Sir George Bowen, G.C.M.G., F. H. Stirling, Governor of New Zealand. Commodore and Senior Officer.
Enclosure 3 in No. 101. Memorandum by Mr. McLean. General Government Offices, Auckland, 28th April, 1871. In the representations made to your Excellency by my colleagues respecting the withdrawal of H.M. ship " Virago " I fully concur. As, from the early days of the Colony, the Natives have learnt to look upon ships of war and their crews as the special insignia of British authority and rule, the departure from our waters at the present time of the solitary remaining ship would, in my opinion, have a most prejudicial effect. In considering the train of thought likely to be pursued in the Native mind, it is necessary to take in both classes, the friendly as well as the hostile. To the former who have acted as loyal subjects of Her Majesty, the occasional appearance of a man-of-war in their harbours acts as a guarantee that New Zealand is still under Imperial authority ; and to hostile tribes, it is tangible evidence that we yet enjoy the countenance and powerful support of Groat Britain. The harbour of Kawhia has for a long time been considered the stronghold of the most disaffected section of the Natives on the West Coast: the contingency of its being entered by one of Her Majesty's vessels is a constant source of dread to the occupation of its shores, and has ere now arrested the movement of a considerable body of disaffected Natives to the seat of disturbances when these occurred at a distance. An imaginative and acute race like the Maori is very quick in seizing upon any points of apparent neglect towards New Zealand on the part of the Imperial Government; and at this special juncture, when many of the chiefs are conversant with the leading events in Europe connected with the late war, there is very little doubt but that they would consider the withdrawal of the last ship as a sign that, to protect her own shores, England was forced to collect her armaments, and to recall to her defence every cruiser floating in distant waters. The presence of one or more ships of war has greatly assisted the endeavours made during the last two years to pacify the country. It has always been the wish of the Government to conciliate the disaffected tribes; at the same time, as it was politic not to allow them to ascribe
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this wish to weakness, but to a sincere desire to restore peaceful relations, it was necessary to make them thoroughly sensible of a full preparedness for hostilities. It is in this that H.M. ships have given a very considerable amount of moral support to the course pursued by the Colonial Government. Donald McLean.
Enclosure 4 in No. 101. Governor of New Zealand to Commander Sandys. Sib, — Government House, Wellington, New Zealand, 24th April, 1871. Adverting to my telegram to you, of the 12th instant, and to my official letter to Commodore Stirling, of the 14th, (of which, and of the opinions of the Colonial Ministers enclosed therein, you have seen copies,) I have the honor to request that you will, on the grounds of public policy stated in the above papers, postpone the departure of H.M.S. " Virago " from New Zealand until she shall have been relieved by another ship. I learn from Commodore Stirling's letter to me, of the 29th March, that this interval will be brief, as the " Bosario " may be expected in Auckland early next month. Probably the best course (if there be no naval objection) would be that you should proceed to Auckland, calling in at Tauranga on the voyage, and await there (i.e. at Auckland) the arrival of the "Eosario." I have, &c., Commander Sandys, E.N., H.M.S. " Virago." G. F. Bowen.
Enclosure 5 in No. 101. Governor of New Zealand to Commodore Stirling. Sib, — Government House, Auckland, New Zealand, April 28th, 1871. I continuation of my letter to you from Hokitika, of the 14th instant, I have the honor to inform you that I returned to Wellington on the 22nd instant, when, after conferring with Commander Sandys, E.N., I requested him officially to proceed to Auckland at his convenience with H.M.S. " Virago," touching at Tauranga by the way, and to await at Auckland the arrival of the " Eosario "or of any other ship which you may send to relieve him. Captain Sandys informed me that he would accordingly proceed to Auckland early in May. Auckland is, as you are aware, the centre of the Native district; sand, after transacting business at Wellington, I came on here, and arrived yesterday. Mr. McLean, the Minister for Defence and Native Affairs, has been engaged for some months past in visiting the principal Maori tribes of the North, and he confirms in the strongest terms the views of his colleagues as to the risk of leaving New Zealand, even temporarily, without the moral support of at least one of Her Majesty's ships. I have, Ac, G. F. Bowes. P.S.—I shall remain at or in the neighbourhood of Auckland for the next two months, proceeding in July to Wellington for the annual Session of the New Zealand Parliament. G. P. B.
No. 102. Copy of a DESPATCH from Governor Sir G. P. Bowen, G.C.M.G., to the Right Hon. Earl of Kimberley. (No. 40.) Government House, Auckland, My Lord, — New Zealand, 2nd May, 1871. I have the honor to report that I lost no time in directing the attention of the Colonial Ministers to your Lordship's Circular Despatch of the Ist December ultimo, instructing me "to endeavour to obtain from the Legislature the " necessary legal authority, if it does not already exist, to prohibit the export of " arms from New Zealand when occasion may require." 2. I am requested to state that the Attorney-General has reported to the effect that " The Customs Act, 1858," section 123, authorizes the Governor in Council to prohibit the exportation of any article whatever, on pain of forfeiture and a heavy penalty; and that the New Zealand provision is much more extensive than that contained in the Imperial " Customs Consolidation Act." I have, &c., The Right Hon. Earl of Kimberley. G. R BOWEN. 25
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No. 103. Copy of a DESPATCH from Governor Sir G. E. Bowen, G.C.M.G., to the Right Hon. Earl of Kimbbrlet. (No. 42.) Government House, Auckland, My Lord, — New Zealand, sth May, 1871. I have the honor to report that, immediately on its receipt, I lost no time in directing the attention of the Colonial Government to the Despatch No. 45, of the 9th May ultimo, transmitting a copy of a letter from the War Office respecting the proposed sale of certain small allotments of land within the grounds of the barracks at Wellington and Auckland. 2. Owing to a variety of causes, and especially to the frequent and necessary absences from Wellington of the Minister for Defence and Native Affairs, in whose department this matter lies, there has been some delay in furnishing me with the required information, which reached me only yesterday. But I now transmit two Ministerial Memoranda, showing that the Government of New Zealand is willing to pay for the allotments in question on the principle laid down by the War Office. I have, &c, The Eight Hon. Earl of Kimberley. G. E. BOWEN.
Enclosure 1. Memo, respecting the Wellington Barracks, with 2 Sub-Enclosures. Enclosure 2. Memo, respecting the Auckland Barracks.
Enclosure 1 in No. 103. Memorandum by Mr. Gisboene. Adverting to the Despatch from the Secretary of State for the Colonies, number and date as per margin, Ministers have the honor to transmit to His Excellency the copy of a Eeport and its enclosures by a Board of Officers appointed to examine the land and buildings at Mount Cook Barracks at Wellington, with a view to. ascertain the value of the buildings erected there for military purposes by the Imperial Government, and of that part of the land for which the Imperial Government requires to be paid by the Colony It will be seen from the enclosed report that the gentlemen appointed to form the Board have fixed the value of the land and buildings at two thousand four hundred and sixty-eight pounds (£2,468). Ministers respectfully request that His Excellency would be pleased to inform Her Majesty's Government that a vote for this amount will be submitted to the Colonial Parliament at the ensuing Session, if Ministers are informed that the War Office authorities are prepared to accept the sum named, and to execute a transfer to the Colony of town acres Nos. 226 and 233, and of 2 roods 26 f perches, forming parts of town acres Nos. 84 and 85, as shown on the plan accompanying the report. Defence Office, Wellington, 25th April, 1871. W. Gisborne.
No. 45, of May 9, 1870.
Sub-Enclosure 1 to Enclosure 1 in No. 103. Messrs. Cooper, Reader, and Stack, to the Hon. D. McLean. Sir,— Defence Office, "Wellington, 14th March, 1871. We have the honor to inform you that, in obedience to the instructions contained in your letter to the Under Secretary, dated the 11th of February last, we yesterday visited Mount Cook Barracks, and made a careful and minute inspection of the ground and buildings, with a view to recommending what valuation should be paid to the Imperial Government for a part of the land and the buildings erected thereon for military purposes. We enclose a tracing of a map of the ground, showing the situation of town acres Nos. 226 and 233, having frontage to Taranaki, Buckle, and Tory Streets, and of 2 roods, 26| perches, parts of acres Nos. 84 and 85, being, as we understand from the papers referred to us, the land for which the Imperial Government demands payment from the Colony. Feeling a diffidence in our own judgment in so important a matter, we thought it advisable to call in the aid of Mr. Howard Wallace, an auctioneer and land agent of many years' standing and great experience, and who has been regularly employed by the City Council as official valuator of properties for purposes of assessment. This gentleman valued acres No. 226 and 233 at £300 per acre, and the piece of land forming parts of acres Nos. 84 and 85 at £100, making £700 in all, a valuation which we agree in considering fair, and certainly not below the present market value of the land, had it not been recently built upon aud levelled and otherwise improved by the Colonial Government. With regard to the buildings, so much alteration and improvement have recently taken place in them that we found a difficulty in placing a valuation upon them. We therefore decided upon adopting that of the Colonial Architect, which our own careful examination of such of the buildings as have not been repaired or altered by the Government, leads us to believe to be fair and reasonable. We enclose a copy of Mr. Clayton's valuation. nWe find, therefore,.that there is payable by the Colony of New Zealand to the Imperial Gover-
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ment of Great Britain, in respect of the land and buildings at Mount Cook, in Wellington, the sums following, that is to say : — £ s. d. For land, 2a. 2r. 26Jp. ... ... ... ... ... 700 0 0 For buildings and fencing at Upper Mount Cook Barracks ... 280 0 0 For powder magazine and wall ... ... ... ... 1,100 0 0 For buildings at Lower Mount Cook ... ... ... 388 0 0 Amounting in all to the sum of ... ... ... 2,468 0 0 "We do not consider that the Colony should pay for the buildings on acre No. 90, which are valued by the Colonial Architect at £236, as they are erected upon a Native Reserve, to which neither the Imperial nor the Colonial Government has any title, and which has been and still is occupied merely on sufferance. We have, &c, G. S. Coopeb, Under Secretary. H. E. Readee, Lt.-Col., Commanding Wellington District. The Hon. the Minister for Colonial Defence, W. G. Stack, 1.M., Auckland. Armed Constabulary, Commanding Depot.
Sub-Enclosure 2 to Enclosure 1 in No. 103. Mr. Clayton to the Hon. D. McLean. These barracks comprise two blocks of buildings, known as Upper and Lower Mount Cook Barracks. The upper block consists of nine blockhouses, each 54 feet by 22 feet. Four cook and washhouses, guard-room, and officers' quarters, each 2G feet by 12 feet. One building used as a canteen, 27 feet by 15 feet. The whole, together with a close-boarded fence, form a quadrangle about 250 feet by 87 feet. Generally they are in bad repair, much of the weather-boarding being quite rotten, as well as th& ground plates. The roofs require new shingles, and throughout general repairs are needed. They have never been painted. There is also a magazine, 53 feet 6 inches by 21 feet 6 inches close by, built of brick, standing in a yard 76 feet by 70 feet, enclosed with a brick wall 8^ feet high, all in fair condition. The present value of the wooden buildings and fencing I consider to be about two hundred and eighty pounds (£280), while I estimate the magazine premises at eleven hundred pounds (£1,100), making a total of thirteen hundred and eighty pounds (£1,380). The Lower Barracks have been lately repaired and added to by Government, at an expenditure of over sixteen hundred pounds (£1,600). A large proDortion of the buildings are erected on a Maori Reserve, which I have valued separately. Before being repaired, their condition was similar to the Upper Barracks. There are twenty (20) buildings of various sizes, exclusive of yard conveniences. There is also a cottage residence, and a recently erected iron store. I value those on the Maori Reserve at two hundred and thirty-six pounds (£236), and the remainder at three hundred and eighty-eight pounds (£388), making a total of six hundred and twenty-four pounds (£624). W. H. Clayton, 19th August, 1870. Colonial Architect.
Enclosure 2 in No. 103. Memorandum by Mr. McLean. The allotment in the Albert Barracks in Auckland, referred to in Despatch No. 45, of the 9th May, 1870, will be accepted by the Colonial Government as proposed, viz., by the payment of the original price paid for them. General Government Offices, Auckland, 4th May, 1871. Donald McLean.
No. 104. Copy of a DESPATCH from Governor Sir G. F. Bowen, G.C.M.G., to the Right Hon. Earl of Kimberley. (No. 43.) Government House, Auckland, My Lord,— New Zealand, Bth May, 1871. Adverting to my Despatch No. 34, of the 23rd April ultimo, and to the previous correspondence respecting the new mail service between New Zealand and San Francisco, I have the honor to report that the " Nevada," the pioneer steamer of this line, arrived at Auckland on the 4th instant. 2. In celebration of this event, a public luncheon was given to the officers of the " Nevada " on the following day, the sth instant, by the principal merchants and other leading residents in this community, at whose invitation I consented to
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be present and to take the chair. I enclose an account of the proceedings on this occasion, as published in one of the principal local newspapers. 3. It will be seen that the speeches delivered by Mr. McLean and others point out the great benefits to trade which are expected to result from the establishment of this new mail route across the Pacific Ocean. It is also generally felt here that every fresh commercial tie between Great Britain and her Colonies on the one side, and the United States of America on the other side, may practically become an additional link of union between the two branches of the Anglo-Saxon race, and may thus prove a fresh guarantee of peace and prosperity for a large portion of the civilized world. 4. With my Despatch No. 34, referred to above, I transmitted a Ministerial Memorandum, conveying the thanks of my Responsible Advisers to your Lordship and Her Majesty's Government for the instructions given to the British Minister at Washington to use his good offices in favour of the agent (Mr. Vogel) sent by the Government of New Zealand with a view of arranging postal matters with the United States. With the same Despatch I forwarded copies of the new contract made for the establishment of the line of steamers to run between San Erancisco and New Zealand, of which line the " Nevada " (as has been already stated) is the pioneer ship. I have, &c, The Right Hon. Earl of Kimberley. G. E. BOWEN.
No. 105. Copy of a DESPATCH from Governor Sir G. E. Bowen, G.C.M.G., to the Right Hon. Earl of Kimberley. (No. 44.) Government House, Auckland, My Lord, — New Zealand, 12th May, 1871. I have the honor to acknowledge the receipt of your Lordship's Despatch No. 15, of the 31st January ultimo, transmitting a copy of a letter from the War Office respecting the issue of the New Zealand War Medal to the officers and men in this Colony who are entitled to it, and instructing me to conform to Mr. Cardwell's wishes in the matter. 2. It has been pointed out to me by the Colonial Ministers that the nominal list of the officers and men referred to has not yet reached the Colony. Probably it will be sent out by the Crown Agents, together with the medals themselves. The issue will then take place in conformity with the views of the War Office. I have, &c, The Right Hon. Earl of Kimberley. G. E. BOWEN.
No. 106. Copy of a DESPATCH from Governor Sir G. E. Bowen, G.C.M.G., to the Right Hon. Earl of Kimbeeley. (No. 45.) Government House, Auckland, My Loud, — New Zealand, 20th May, 1871. The monthly mail via San Erancisco will leave Auckland to-morrow; but I have little of importance to add, respecting the present condition of Native affairs, to the contents of my Despatch No. 29, of the 24th March ultimo, and of Mr. McLean's Memorandum of the 28th ultimo, transmitted (enclosure No. 3) with my Despatch No. 39, of the Ist May instant; to which latter document I would request special attention. 2. Since my arrival in Auckland after my recent official tour in the Southern Provinces, I have received at the Government House several of the principal Maori chiefs of the North, and, in particular, Tamati Waka Nene and his brother Eruera Patuone, who assured me of the continued loyalty of the great clan of the Ngapuhis, the most powerful in New Zealand; whose country, character, and position were described in my Despatch No. 51, of the 26th May, 1870, written immediately after my last visit to them.
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i I . Enclosure. Memo. byLt.-CoI. St. John, with annexed Schedule and Map.
See Governor of N.Z. to Sec. of State, No. 160, of Dec. 22,1869.
Vol. ii. p. 150,; Letter X. j
3. With reference to paragraph 7 of the last mentioned Despatch (No. 51), your Lordship will learn with interest that the Bishop of Auckland, (Dr. Cowie,) recently consecrated the church which has been built by the Maoris who fought against the Crown in the war of 1845-48, but who are now among the most loyal subjects of the Queen, on the site of the Pa of Ohaiawai, near the Bay of Islands, in the attack on which, in July, 1845, the British troops suffered a severe repulse, with heavy loss both in officers and men. 4. I regret to say that the adherents of the so-called Maori king in the centre of this Island still decline to surrender the murderers of Mr. Todd, and that the Hauhaus at Ohinemuri still refuse to allow the telegraph line to be carried from Tauranga to the River Thames, a distance of about forty miles. This gap in the general system now extended over the remainder of the Colony has the effect of isolating Auckland, in some degree, from the Southern Provinces. But it is hoped that this difficulty will be ere long overcome, and I trust that next year I shall be able to furnish a practical proof of the cessation of all active hostility by travelling overland myself from Wellington to Auckland; a journey which has not been undertaken by any European since the beginning of the second Maori war in 1860. 5. On the East and West Coasts of this Island, general tranquillity continues to be maintained ; and several fresh bodies of Natives recently in open rebellion have given their submission, and engaged to live peaceably for the future. 6. In several previous Despatches* I have expressed a strong opinion that the surest plan to keep the Maoris quiet, and to train them to habits of industry, is to give them constant employment, at good wages, on roads piercing their own mountains and forests; in short, that the pickaxe and the spade are the true weapons for the pacification of the Highlands of New Zealand as formerly of the Highlands of Scotland. This policy has been steadily pursued for some time past by the Colonial Government, as will be seen by the annexed Memorandum and Map, which have been prepared in the Native Department, under the direction of Mr. McLean, and which will well repay a careful perusal and examination. 7. It will be observed that contracts for roads within their own districts were, in the first instance, offered to the friendly clans, who responded willingly to the invitation of the Government. By degrees the wavering, and even the hostile, tribes began to appreciate the advantages of the new policy, and requested to have similar benefits extended to them. The result is that a large number of Maoris recently in arms against the Queen are now peaceably labouring on public works, and that (as will be seen by the annexed map) a great portion of the country infested two years ago by the rebel bands of Te Kooti and Titokowaru is now thrown open. Already upwards of four hundred (400) miles of road have been completed, or are in course of construction, in the Native districts by Native labour, and this system is capable of almost indefinite extension. In connection with this subject, reference may be made to the " Correspondence relative to the " Construction of Roads in the North Island," (A. —No. 17 and 17a,) in the Papers presented to the New Zealand Parliament in the Session of 1870. 8. As I have remarked on a previous occasion, in addition to the many obvious advantages, civil and military, of opening up the interior of this Island in the manner described above, the Government will thus be enabled to keep in constant employment, and under useful industrial training, a number of the lawless spirits that abound among the Maoris, eager for the excitement of war and plunder, but not caring much on which side they fight. Finally, it will be remembered that Earl Grey, in his work on Colonial Policy, has recorded that the late Duke of Wellington strongly advised that the construction of roads should be one of the very first objects to be aimed at in New Zealand. I have, &c, The Right Hon. Earl of Kimberley. G. P. BOWEN. • -See especially Governor of New Zealand to Secretary of State, No. 160, of 1869, paragraph 3, and No. 79, of 1870, paragraph 4. 26
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Enclosure in No. 106. Report on Roads in North Island in course of Construction by Native Labour. TnE continual recurrence of outbreaks in various parts of the Northern Island has been a conclusive proof that a policy of repression by the force of arms alone was not likely to lead to any satisfactory final result. While therefore, during the past year, no relaxation has occurred in the vigorous pursuit of openly hostile bands, it has been deemed no less necessary to take steps towards the conciliation of doubtful tribes and sections of tribes. The measure thought most likely to bring about the desired result was the employment of the Natives on works of public utility, such as roads, especially in parts of the country a short time ago inaccessible to Europeans. Contracts for roads within their own district were offered to thoroughly friendly tribes ; and as these responded willingly to the call, and appreciated the advantages they derived from their occupation, others requested to have similar work put in their way, and thus by degrees the waverers, and even passively hostile tribes, have come into the labour market. It is a curious fact that although when left to themselves the Maoris never improve tracks except for some such special purpose as to drag down to a distant river canoes constructed in the bush, yet, once the bent of their mind turned to road works, they have displayed considerable engineering talent, and have besides carried out their contracts at prices lower than could have been obtained with European labour. To give an idea of the extent to which Native workmen are employed in opening up the country, it is necessary to take the various districts in detail. 1. The Bay of Plenty, East Coast. Until very recently this part of New Zealand was the scene of continual strife and a hotbed of rebellion, arising from the presence, in the interior, of a fierce mountain tribe, the Urewera, who, from their geograpical position, could harry at will settlers in the Bay of Plenty or on the East Coast. A different state of things prevails now, and gangs of labourers are busy piercing forests a year ago closed to Europeans. From Tauranga a main line into the interior is carried through a thick bush, and skirts Lake Rotorua, well known for its hot springs and geysers. From Rotorua to within eight miles of Tauranga, the construction of the road has been entirely by Native labour, furnished chiefly by loyal Arawa and Ngaiterangi. Southward of Rotorua the line is taken towards the Waikato River, at a crossing over which it meets the highway running northward from Lake Taupo, also taken in hand by Natives. Maketu, seventeen miles below Tauranga, is the starting-point of another road leading to the Taupo country. As far as Rotorua it passes through the territory of the Arawa, but beyond this it runs through a district occupied by Natives of hitherto most questionable disposition, and affords them employment. Posts of Native troops, stationed in the Kaingaroa Plains to the North of Taupo to watch the passes of the Urewera, are also busy with pick and shovel in improving the means of communication. About Opotiki the Urewera lately surrendered have been set to work to open up tracks leading into their own wild country ; and the transformation of the difficult, and in winter impassable, tracks along the seaboard into bridle roads is undertaken by Whakatoeas, Ngatiawa, and others, who were among the earliest converts to Hauhauism. 2. The East Coast. The various expeditions on which the loyal Ngatiporou, who inhabit the country about the East Cape and south of it, have been engaged, with the happy result of breaking up the band of Te Kooti, have prevented the execution of the work destined for them, —the formation of a horse track from the East Cape to Poverty Bay. To the southward of the latter the Ngatikahungunu have been employed on the construction of a coast road over a most difficult and broken set of ranges. It has also been decided to open up by Native labour two more roads from Poverty Bay ; one leading direct to Opotiki, to connect the Bay of Plenty with the East Coast; the other reaching Wairoa by a circuit, to give easy communication between the two settlements. The establishment of a military post at Taupo, in the very heart of the Island, was mooted long ago, but the idea was not carried into effect until 1869. To keep up the post it was of course necessary to open a road from the coast to the lake ; and,—as the Tauranga line was not at that time practicable,— the shortest and best was found to be by Napier. On this, accordingly, working parties were put, of Natives as well as of Europeans. In this case the Natives were friendly sections of tribes, but when it was deemed expedient to extend the road beyond Taupo so as to join the Tauranga-Rotorua line, hostile and semi-hostile tribes were met. All difficulties were, however, overcome ; and not only have the disaffected Ngatiwairangi settled down to their new occupation, but there is reason to believe that before long another road will be in, progress which will connect the Waikato settlements with the Tauranga-Taupo line, and thus give free communication between Auckland and Napier. The Ngatiraukawa, a powerful section of the King party, inhabiting the country on the right bank of the Waikato River above Cambridge, have renounced all allegiance to the king and expressed their desire to see road and telegraph works carried through their territories; and an exploration will shortly be made with a view to determine the best line for adoption. The same action has been taken within the last few days by another tribe dwelling on the western shores of Lake Taupo, and occupying a district heretofore considered as one of the strongholds of the king. 3. West Coast. The Natives on this side of the country, lately the scene of so many conflicts, have not been
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behind their brethren of the East Coast in welcoming the introduction of road works. At present the only main line in actual use is that which, keeping near the coast, runs from "Wellington to New Plymouth. From Patea upwards it has been achieved by Native labour, and coaches now travel peaceably through country two years and a half ago in the possession of Titokowaru. A horse track through a rough and broken series of ranges, separating the coast plains from those of the interior, has been taken in hand by the Ngatiruani, and will eventually afford direct communication between "Wanganui and Lake Taupo, and so on to Auckland. A Schedule is appended, giving the different lengths of the roads in the hands of Maori contractors, and also a tracing showing the various lines constructed or in course of construction. J. H. H. St. John, Lieut.-Colonel, New Zealand Militia.
No. 107. Copy of a DESPATCH from Governor Sir G. F. Bowen, G.C.M.G., to the Right Hon. Earl of Kimberley. (No. 49.) Government House, Auckland, My Loud, — New Zealand, 10th June, 1871. In my Despatches Nos. 20, 21, 28, 31, and 37, of this year, I gave some account of the progress and present condition of the Provinces of Otago and Canterbury and of the County of Westland, which I visited during my recent official tour in the South of this Colony. I propose now to make a similar report respecting the Province of Auckland, in which lam at present residing. Soon after my return to Wellington next month, I hope to transmit like information respecting the remaining Provinces of New Zealand, viz., Wellington, Nelson, Taranaki, Hawke's Bay, and Marlborough. 2. The Province of Auckland, which embraces the larger half of the North Island of New Zealand, celebrates as the anniversary of its settlement the 29th January, that being the date of the arrival, in 1840, of the first Governor, Captain Hobson, R.N. The first seat of Government was the Town of Kororareka (afterwards named Russell), in the Bay of Islands, where a few hundred Europeans had established themselves before the cession of the sovereignty of the country to the British Crown by the Treaty of Waitangi, on sth February, 1840. But in September, 1840, Captain Hobson removed to the site which he selected for the future capital of the Colony, on the Harbour of Waitemata. The city which he there founded was named Auckland, in honor of Lord Auckland, then at the head of the Admiralty. It continued to be the seat of the General Government of the Colony tmtil 1864, when Wellington was adopted in preference, in accordance with the views of a majority of the New Zealand Parliament, and on account of its central position in Cook Strait, which separates the two principal Islands. 3. The Province of Auckland has had to contend with great and peculiar difficulties, for it contains the large majority of the Maori race, including those clans which still remain hostile to the British Crown. It was, 1 moreover, the chief field of the operations of the first and of the second Maori wars. While the Native title to land was extinguished by purchase, many years ago, in the Provinces
Sub-Enclosure 1 ;o Enclosure in No. 106. Schedule of Eoads in course of Co: istruction by Native Labour.-—Northern Island. Locality. Complete or in course of Construction. Contemplated. Remarks. Tauranga to Taupo Maketu to Taupo Sundry about Opotiki ... Opotiki to East Cape East Cape to Poverty Bay Poverty Bay to Opotiki Poverty Bay to Wairoa (inland) ... Poverty Bay to Mahia ... Napier to Taupo Wanganui to Kaimanawa Plains ... Patea to New Plymouth 78 miles 80 „ 30 „ 90 miles 102 „ 70 (about) 40 (about) 7 Not yet laid j out. 14 miles 92 „ 30 „ 80 „
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of the Middle Island, somewhat more than two-thirds, i.e., about eleven-sixteenths, of the entire area of the Province of Auckland is still held by the Native owners; a considerable number of whom, being adherents of the so-called Maori king, refuse to permit the further settlement of Europeans, and, indeed, to hold any intercourse whatsoever with them. The map transmitted with my Despatch No. 49, of 1868, (see New Zealand Papers presented to the Imperial Parliament in July, 1869, pages 130-39,) shows the territory enclosed by the aukati, in which your Lordship will recognise a " pale," in the sense familiar in Irish history, though (as I remarked on a previous occasion) with the important difference that in Ireland the " pale " was set up by the Colonists against the Natives, whereas in New Zealand it is set up by the Natives against the Colonists. 4. When the above and other powerful obstacles to the rapid advance of colonization in this Province are taken into account, the progress and present condition oi Auckland cannot be described as otherwise than satisfactory. The census taken in last February shows an European population of 62,335, being an increase of 14,014 on the population as shown by the census taken in December, 1867 ; and of 37,915 on the population of 1861. Thus it appears that during the last ten years the population of this Province has advanced at the rate of one hundred and fifty-five (155) per cent. The City of Auckland, with its suburbs, now contains about 21,000 inhabitants. This is about the amount of the population of Dunedin, the capital of the Province of Otago. The two next largest towns in New Zealand are Christchurch, with nearly 11,000, including the suburbs; and Wellington, with nearly 8,000 inhabitants. 5. The latest official statistics prove the annual public revenue of the Province of Auckland from all sources to be, in round numbers, three hundred thousand pounds (£300,000); and the annual trade, including imports and exports, to amount in value to nearly two millions and a quarter pounds (£2,250,000). The shipping, inwards and outwards, in 1870 showed 532 vessels; with crews of 9,369 men; and 173,452 tonnage. 6. The number of stock held by the Colonists in Auckland is far less than in the great pastoral communities of the South; but it is steadily increasing. Of horses, there are in 1871 in this Province 11,620, against 9,436 in 1867 ; of horned cattle, there are 80,443, for 53,066; and of sheep, 210,760, for 172,030 at the last enumeration four years ago. These figures do not include the horses and other stock in the possession of the Maoris, of which it is impossible to furnish a reliable estimate. 7. The Maoris in the Province of Auckland are supposed not to exceed at present from twenty-five thousand (25,000) to thirty thousand (30,000) souls; but these figures are little more than guess work, for it is of course impossible to calculate accurately the numbers residing in the country of the so-called Native king. Moreover, in estimating the relative strength of the two races in this part of the Colony, it should be borne in mind, among other considerations, that the Maoris are for the most part entrenched (so to speak) in the mountains of the interior, while the English dwell chiefly in the seaport towns, and in small settlements and isolated farms dispersed along a coast line of, in the single Province of Auckland, above a thousand miles. It will be remembered that I have already described, in a series of previous Despatches, my repeated visits during the past three years to all the principal Maori clans; to the Ngapuhis, the Ngatiwhatuas, and the Rarawas, in the north of this Province; to the Ngatitamateras, the Ngaiterangis, the xlrawas, and the Ngatiporous, in the east and south ; and to the Waikatos and Ngatihauas in the central and western districts. 8. The principal exports of the Province of Auckland include, in addition to gold, wool, flax, and other articles common to it with the Southern Provinces, the timber and gum of the kauri pine {Dammara Australis). These two last named articles are peculiar to this Province, for the kauri pine is found only in the northern districts of the North Island. It is hoped that measures will be taken for the preservation of the forests of this magnificent tree. The value of kauri spars for ships has long been known in Europe. The gum or resin produced by the kauri resembles amber in appearance. It is used for glazing calico, and in various manufactures ; and is largely exported both to England and to the United States.
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The Maori name s Waiau.
9. Before concluding this brief and imperfect sketch, it seems proper to refer once more to the rapid development of the gold field discovered in 1867 near the River Thames, between forty and fifty miles from the City of Auckland. In my Despatches No. G, of the 10th, and No. 8, of the 15th January, 1870, as also in other reports, I have already transmitted full information respecting this gold field, and the liberal payments made by the Colonial Government to the Native owners of the soil for their consent to its being thrown open to the enterprise and industry of the Colonists. The value of the gold exported from the Thames Gold Field alone, since Ist August, 1867 (when it Avas first proclaimed), already amounts to nearly a million and a half pounds sterling (£1,500,000). Some of the auriferous quartz recently found at the Thames is said to be the richest hitherto discovered in any part of the world. 10. I may take this opportunity of mentioning that the aggregate exportation of gold from all parts of New Zealand up to the present time is valued at nearly twenty-three millions sterling (£23,000,000). I hope to be able shortly to forward full official statistics on this subject. 11. Most of the gold hitherto exported from New Zealand is the produce of the gold fields of the Middle Island* during the last ten years; but the earliest discovery took place so far back as in 1852, at the Harbour of Coromandel, 1 ' (so called from the name of the English ship that first visited it,) about 1! twenty miles north of the mouth of the River Thames. Much excitement at that time arose among both the Colonists and the Natives, and fears of a dangerous collision between the two races were entertained. However, Te Taniwha, the principal chief of the district, convened a meeting of his countrymen to decide the terms on which the Europeans should be allowed to dig for the precious metals on Maori land. Lieutenant-Governor Wynyard, Chief Justice Martin, Bishop Selwyn, and other prominent English functionaries and settlers were invited to be present; and, through the influence of Te Taniwha, an equitable arrangement was promptly and peaceably made, the requisite permission being granted by the Maoris on payment of a moderate license fee by each miner. Mr. Swainson, a former Attorney-General of New Zealand, has put on record (see Mr. Swainson's " New Zealand and its Colonization," Chapter I.) a graphic description of the remarkable scene presented by the above mentioned meeting. He writes : " The presence of the aged chief f Te Taniwha, the last of his race, who could tell " the date of the white man's first arrival in New Zealand; his remarkable " appearance, and the occasion itself, gave to the meeting an unusual interest, " Though bowed down and enfeebled by age, the old man still retained the use " of his faculties, and in a remarkable degree possessed that bold outline of " head and face which formerly distinguished the chieftains of the country. " There stood the last living link between the past and present of New Zealand : " one who in time long past had himself stood face to face with England's " honoured navigator, and who then still lived to tell of Captain Cook's first " visit to New Zealand; how the Natives all thought that his ship was a whale " with wings, and that his crew were gods; how for some time he, Te Taniwha " himself, then but a little boy, was afraid to go on board; how Captain " Cook spoke little—less than the other officers, —but took more notice of the " children, patting them kindly on the head; and how he gave them the first " potatoes they had seen;* " And soothed with gifts and greeted with a smile " The simple Native of the new found isle. " And now this venerable chief, as the crowning act of a long and eventful life, " and confiding in the justice of the British Crown, came forward to welcome " the Queen's vicegerent to the new found fields of gold. When the first " specimens were shown him of the gold discovered on his land he said he should " now be content to die: that he had lived many days, but that this was the " brightest of them all. He did not seem to value the consideration of the gain * At the present date, however, the Thames is producing move gold than any other field in New Zealand. t Te Taniwha died in 1853. J On another occasion, To Taniwha further related that Captain Cook, on landing, almost invariably walked rapidly about, waving his right hand to and fro, doubtless scattering the seeds of Europe in the soil of New Zealand. (See Thomson's New Zealand, Chapter IX.) k27
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" it would be to him, so much as the thought that his land, the land of his " ancestors, should be the first to produce the precious metal for which the white " man so carefully sought. Glancing at the time-honoured peak of Motou Tere, " and turning to the setting sun, he appeared to commune Avith the generation " that he had outlived." 12. The aggregate yield of gold at Coromandel has hitherto been comparatively small, and has been entirely eclipsed (as we have seen) by the rich produce of the gold fields discovered, at a later period, near the River Thames in the same neighbourhood, and in Otago, Westland, Nelson, and other quarters of the Middle Island. But valuable quartz reefs are now being worked at Coromandel as well as on the Thames. On this subject one of the daily journals published at Auckland recently made the following comments: —" Many causes have contributed to " retard the development of certain features of colonization in our midst. Not " the least influential of these disturbing elements has been the large production "of gold. But though this, for obvious reasons, has invariably at first a " tendency to distract attention from other more sober but less lucrative pursuits, " there will be few to doubt that the present enormous production of gold " within the Province of Auckland will ultimately give a great impulse to " settlement and production of every kind; and great as has been the increase " of population in the past, and unmistakable as have been the signs of progress, " we have the strongest reasons for believing that the next enumeration of our " people and our wealth will show results to which the past affords no parallel." I have, &c, The Right Hon. Earl of Kimberley. G. E. BOWEN.
No. 108. Copy of a DESPATCH from Governor Sir G. F. Bowen, G.C.M.G., to the Right Hon. Earl of Kimbeiiley. (No. 54.) Government House, Auckland, My Lord, — New Zealand, sth July, 1871. I am requested by my Responsible Advisers to transmit and to recommend to 'favourable consideration the enclosed Ministerial Memorandum, containing "a short statement of facts relating to the arrival of a number of English " convicts, during the last month, at Port Lyttelton (in New Zealand), and the " steps taken by the Government to remove them from the Colony, in conformity 11 with the provisions of a Colonial Statute." I have, &c, The Right Hon. Earl of Kimberley. G. P. BO WEN.
Enclosure in No. 108. Memorandum by Mr. Fox. Ministers beg to lay before His Excellency a short statement of facts relating to the arrival of a number of English convicts during the last month at Port Lyttelton, and the steps taken by the Government to remove them from the Colony, in conformity with the provisions of a Colonial Statul c. Intimation having been received by the police at Lyttelton of convicts being on board a vessel expected from Western Australia, steps were taken to board her at the Heads, when it was ascertained that there were on board as passengers to this Colony four (4) political offenders (Fenians), and four (1) ordinary criminals, two of the latter under sentences of penal servitude for life, and two for fifteen (15) rears. These persons all held conditional pardons, granted in England on or after their deportation to the penal settlement of Western Australia. The condition, it is stated, was simply prohibitory of their return to the United Kingdom. Letters are produced by some of them signed by Mr. Barlee, the Colonial Secretary of Western Australia, stating that, as far as he knew, there was no law to prevent their landing in New Zealand. Some of them also stated that they had been informed by His Excellency Governor Weld to the same effect. Proceedings taken by the directions of the Government, under the Colonial Act referred to, resulted in the conviction of the whole of the eight convicts. The four political offenders were placed under bail to leave the Colony by a vessel bound for ]S rew South Wales; the other four, whose offences appeared by their sentences to have been of a very serious character, were sentenced to be sent back to Western Australia. Arrangements had been made for their transmission by a small vessel called " The Canterbury,"
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when the owner, on second thoughts, became alarmed at the prospect of having four such persons, and the wife of one of them, on board, with a crew of only four sailors and a master; and the attention of the Government was called to the fact that, the Colonial Act having no operation on the high seas, the course proposed to be pursued might, independently of the physical difficulty, be open to the technical objection that as soon as the vessel should be more than three miles from the shore there would be no legal authority for the detention of the convicts on board, and that they might demand their release on the nearest land, or sue the master of the ship for false imprisonment. The Government, on giving further consideration, decided to allow the four ordinary convicts to accompa?iy the four political offenders to New South Wales, in which there was no law preventing the landing of conditional pardon holders, advising the Government of that Colony of their being on board the ship by which they would go. The depositions taken before the Resident Magistrate at Lyttelton, a copy of the Colonial Act, and the correspondence (so far) between the Governments of New Zealand, Western Australia, and New South Wales, are enclosed, and His Excellency is respectfully requested to forward them to Her Majesty's Principal Secretary of State for the Colonies. Ministers repectfully request that His Excellency will at the same time represent to the Secretary of State the great injury inflicted on the free Colonies of the Australasian group by the practice of granting pardons to convicts with no more restrictive condition than that they shall not return to the United Kingdom. It appears by the present case that it is not only open to them but they are encouraged, after their arrival in the penal settlement to which they are deported, to proceed to the free Colonies without any further condition imposed either by the British or Western Australian Governments. This is in effect State emigration of convicts, and is a method of transporting them to free Colonies much more objectionable than it would be to attempt to convert those Colonies into penal settlements. In the latter case the convicts would be under strict discipline and control, and the gaol and police expenditure connected with them would be defrayed by the Imperial Government. If the crimes of these men.rendered it necessary to remove them from the United Kingdom, with provisions for preventing their return to it, it is difficult to see what justification there is for permitting them to intrude themselves on any free portion of the Empire. It may be replied that New Zealand and some at least of the adjacent free Colonies have legislated with a view to prevent the invasion of convicts. This is true; and they are determined to defend themselves against such an infliction by every means in their power. But the technical difficulty before alluded to stands in the way1 of complete action, and, as in the present case, the injured Colony may only be able to protect itself at the expense of another as innocent as itself, and possibly as unwilling to receive British convicts. Ministers therefore beg to suggest as a remedy,— Ist. That the condition attached to the pardon of any convict sent to Western Australia should expressly require him to reside in that settlement; and that His Excellency Governor Weld should be instructed that in future he is not to permit, much less to encourage, any conditionally pardoned convict to leave the pennl settlement over which he presides. 2nd. It would also strengthen the defence of the free Colonies if an Act were passed by the Imperial Parliament, giving them power to send any such convicts back to the penal settlement from which they might come, at the expense of the Imperial Government or that of the Government of such settlement. Since the above was written the Government have been informed that a sum of several hundred pounds has been subscribed by sympathizers with the Fenian prisoners and presented to them on their departure. Government cannot help remarking on the injury inflicted on the Colony by such sympathies being evoked by the presence of such political offenders, which they consider forms a strong additional ground for calling on Her Majesty's Government to protect the Colony against such an event in the future. Wellington, 29th June, 1871. William Fox.
Sub-Enclosure 1 to Enclosure in No. 108. Resident Magistrate's Court, Lyttelton. — June 7th, 1871. [Before William Donald, Esquire, Resident Magistrate for the District of Lyttelton, and P. D. Gibson, Esquire, J.P., and H. R. Webb, Esquire, J.P.] John Flood, John Edward Kelly, John Goulding, Thomas Baincs, Thomas Fannell, William Goff, Edwin Halliwell, Henry Trenbeth, William Collier, and Charles Barton, passengers by the barque " Queen of the South," from Western Australia, brought up- in custody of the police on a charge of having committed a breach of an Act entitled " The Introduction of Convicts Act, 1867." He John Flood, John Edward Kelly, John Goulding, Thomas Baines, Thomas Fannell. Depositions of Peter Pender, John MeDaide, and James Adair, taken before me, William Donald, Resident Magistrate, 7th June, 1871. Peter Pender, sworn: Am Inspector of Police at Christchurch. From information received I boarded barque " Queen of the South," yesterday, at the Heads. I saw the defendant John Flood. I spoku to him. He acknowledged he had come from Swan River Settlement with four others; that they were political prisoners (Fenians) ; that they had received conditional pardons; and that it was their intention to proceed to Sydney. I accompanied the ship on to where she anchored. Left constables in charge this moruiug, and brought them on shore. I have since received information that prisoner Flood is under sentence for twenty years. He, without any hesitation, told us that on board the craft. I have no reason to doubt but'that he is a man whose sentence (received in England) has not expired. By Mr. Garrick : He stated he was unaware of any law to prevent their landing. I have seen the letter shown me, written by — Barlee, Colonial Secretary, Western Australia. James Adair, sworn: Am master of " Queen of the South," lately come from Western
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Australia. Frederick Barlee is Colonial Secretary. The signature to that letter is his handwriting. I left London 31st December last. I am not aware of any law prohibiting my bringing these men here. I cannot say if any of these men are convicts. By Police: They themselves told me that they were so. That their sentences are not expired— conditional pardons. I cannot say Flood personally said he was so. I cannot say he (Flood) told me personally. He was a cabin passenger. John McDaide, sworn : I went out from England on board a convict ship as a passenger. I was employed as a warder after my arrival in the settlement of Western Australia. I have been eight years there, and acting as warder for six years. I resigned my appointment recently. I have seen the prisoner Flood before. He was a passenger by " Queen of the South." He has been an Imperial prisoner in Western Australia. He came out to the country as a prisoner. I cannot say if he had completed his sentence. I don't know if he had completed the term of his sentence or not. I had very little conversation with passengers. They were in prison. Flood was a prisoner within the walls up to some time in the present year. I have seen an entry in the book of sentences. I can't say what the entry of Flood's sentence is. John McDaide sworn : I know Kelly. As far as I can tell, his was life imprisonment. I know Goulding. Can't say what was Goulding's sentence. He was released from prison as a free man two years ago. Some fifteen or twenty were discharged together about two years ago. Most went to England, but Goulding and some others remained. Thomas Baines' sentence 1 believe was ten years. He has been in the Colony about three years. Ido not know Fannell's sentence. He was imprisoned till three or four months before leaving. Peter Pender sworn: These four men stated, on my going on board ship, that they were all conditional pardon men, and their intention was to go on to Sydney. Goulding was present when Flood spoke. All asserted that they had nothing to do with the other men. They were political prisoners. John Flood, John Edward Kelly. John Goulding (discharged), Thomas Baines, Thomas Halliwell, remanded for seven days on bail, in the sum of £50 each. Wm. Donald, E.M. Subsequently, John Goulding produced his pardon, which on examination was found to be a free pardon. He was at once discharged, and asked why he had not produced it before. He replied, he had not been asked for it. Wm. Donald, E.M. Resident Magistrate's Court, Lyttelton. — 13th June, 1871. Re John Flood, John Edward Kelly, Thomas Baines, Thomas Fannell. J. S. Duncan for the Crown ; — Oarrick for the accused. Ordered severally to find bail, themselves in £50 and one surety £50, to leave the Colony within fourteen days. Wm. Donald, E.M.
Sub-Enclosure 2 to Enclosure in No. 108. Resident Magistrate's Court, Lyttelton. — June 7th, 1871. [Before William Donald, Esquire, Besident Magistrate, and F. D. Gibson, Esquire, J.P., and H. E. Webb, Esquire, J.P.] Be William Goff, Edwin Halliwell, Henry Trenbeth, William Collier, and Charles Barton, all in custody of the police, are brought up on charge of a breach of " The Introduction of Convicts Act, 1867." Trenbeth produced his ticket of expiry of sentence and is discharged by the Court. Collier produces his conditional pardon. Barton produces his conditional pardon. Halliwell produces his conditional pardon. Goff produces his conditional pardon. Eemanded till to-morrow. Wm. Donald, E.M. Resident Magistrate's Court, Lyttelton. — June Bth, 1871. [Before William Donald, Esq., Eesident Magistrate.] On remand from yesterday, William Goff, Edwin Halliwell, William Collier, and Charles Barton. Prisoners severally produced their condition pardons, and acknowledged that they were the persons therein referred to. Mr. Thomas Duncan, Crown Prosecutor, required that the accused be deported in custody back tothe Colony from whence they came. Convicted, and ordered to be kept in custody and to be re-shipped to the Colony from whence they came, viz., Western Australia. Wm. Donald, E.M.
Sub-Enclosure 3 to Enclosure in Xo. 108. Conditional Pabdon. Whereas (Eeg. No. 7,372) William Collier was convicted of burglary at Liverpool, in Lancashire, in the month of March, one thousand eight hundred and fifty-seven, and sentenced to life penal servitude: And whereas Her Most Gracious Majesty Queen. Victoria issued a warrant under Her sign manual and signet, given at the Court of St. James on the thirtieth day of October, one thousand eight hundred and sixty-eight, in the thirty-second year of Her reign, and directed to the Governor of Her Majesty's Territory of Western Australia, whereby Her said Majesty was graciously pleased to grant to the said
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William Collier a pardon for the crime of which he stands convicted, on condition that the said William Collier shall, in the opinion of the said Governor of the said territory, have well and properly conducted himself for the period often year.-;, and also on further condition that the said William Collier shall not return to the United Kingdom of Great Britain and Ireland during the remainder of the said above mentioned term of penal servitude. Now I, Frederick Aloysius Weld, Governor and Commander-in-Chief of the Territory of Western Australia aforesaid, do hereby certify and make known to all whom it may concern that the said William Collier has well and properly conducted himself to my satisfaction during the said period of twelve years, and that the said William Collier has thereby become entitled to the above mentioned conditional pardon of Her Most Gracious Majesty Queen Victoria. Given under my hand and the Public Seal of the said Territory, at Government House, Perth, this fifteenth day of December, in the year of our Lord one thousand eight hundred and seventy. Feed. A. Weld, (Seal of Colony of Western Australia.) Governor and Commander-in-Chief.
Sub-Enclosure 4 to Enclosure in No. 108. The Hon. W. Gisboene to the Hon. the Colonial Seceetaey, Western Australia. Sir,— Colonial Secretary's Office, Wellington, 19th June, 1871. The Eesident Magistrate at LytteltoD, in the Province of Canterbury, in this Colony, telegraphed to me on the 7th instant that a barque (" Queen of the South") from Western Australia had arrived with four Fenian and four other criminal prisoners, all having conditional pardons. They had with them a letter from yourself, a copy of which I enclose, stating that you were not aware of any prohibition to their landing in New Zealand, and they add that His Excellency Governor Weld had informed them that there was no law against such landing. I enclose a list of the names of these ex-prisoners, and of their convictions and sentences. It appears from that list that two of the ordinary convicts were sentenced to transportation for life, and two for fifteen years each. These prisoners have been apprehended and taken before the Bench in pursuance of the provisions of an Act of this Colony, intituled " The Introduction of Convicts Prevention Act, 1867," and have been convicted. The four Fenian prisoners have been released on bail that they shall leave this Colony, and the four other prisoners have been sentenced to be conveyed back to Western Australia, the Colony to which they were transported. This Government has been obliged to incur the expense of one hundred and fifty pounds (£150) for the purpose of carrying this sentence into effect. It is a matter of extreme regret that, before it was definitely ascertained whether any law existed to the contrary, the Government of Western Australia should have led conditional pardon holders to believe that they might land in New Zealand. Irrespectively of questions of law, the Government of this Colony had, we think, a right to expect, on grounds of equity and good feeling, that the Government of Western Australia should not have, with the weight of their official authority, thus indirectly encouraged conditionally pardoned convicts to migrate to New Zealand. In addition to the resentment which must naturally arise in a Colony turned against its will into what would practically bo a convict Alsatia, with all the evils of congregated crime and without the restraints necessarily imposed on it in a regular convict station, there are special circumstances affecting the Maori race in this country which render such a course exceptionally disastrous. These irritations are, in this case, aggravated by the knowledge that this wrong has been done without any previous inquiry whether the Colony, which would be the sufferer, had passed a law for its self-protection, and in pursuance of an official intimation that the Government of Western Australia were aware of no such law. The Government trust that under these circumstances His Excellency Governor Weld will bo pleased to direct the refund to this Treasury of the sum of one hundred and fifty pounds (£150), expended in the reconveyance of the convicts to Western Australia, as directed by the sentence of the Court. I also have the honor to request that the enclosed copy of the Act of this Colony, " The Introduction of Convicts Prevention Act, 1867," may bo publicly notified in Western Australia, with an intimation that for the future it will be enforced to the fullest extent against any person offending against its provisions. I have, &c, The Hon. the Colonial Secretary, Perth, Western Australia. W. Gisboene.
Enclosures in Letter from Colonial Secretary of New Zealand to Colonial Secretary, Western Australia. Mr. Bableb to Mr. Manning. Sic, — Colonial Secretary's Office, Perth, "Western Australia, 2nd May, 1871. In acknowledging the receipt of your letter of the Ist instant, I beg to state that I am not aware of any prohibition existing as to conditional pardon holders landing in New Zealand. I have, &c, L. A. Manning, Esq., Feed. Baelee. Agent, " Queen of the South, " Freemantle. 28
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Mr. Gisborne to the Colonial Secretary, Sydney, via Lyttelton, per " Queen of the South." (Telegram.) Wellington, 26th June, 1871. Eioht conditionally pardoned convicts from West Australia arrived lately, per " Queen of the South," at Lyttelton. As their landing in New Zealand is an offence under " The Introduction of Convicts Prevention Act, 1867," an information was laid before the Resident Magistrate at Lyttelton, and the convicts, of whom four are Fenians and four other criminals, were sentenced to be sent back to Western Australia ; the. Fenians being liberated, on bail, to go back themselves, and the criminals to be sent in custody, for which purpose a schooner was chartered. As, however, the power to carry out this sentence after ship had passed out of jurisdiction of New Zealand was doubtful, this Government has reluctantly assented to the desire of the convicts to be allowed to sail for Sydney, per " Queen of the South," leaving Lyttelton this evening. Search has been made in the N.S. VV. Statute Book, but no law to the contrary can be found. I will write to you officially by first mail. I append list of names, crimes, and sentences. W. Gisborne.
No. 9,735. John Flood, treason felony, fifteen years' penal servitude. No. 9,793. Edward Kelly, high treason, life penal servitude. No. 9,55-1. Thomas Baines, treason felony, ten years' penal servitude. No. 9,731. Thomas Fanuell, treason felony, ten years' penal servitude. No. 5,644. Edwin Halliwell, wounding with intent to resist, transportation for life. No. 7,372. William Collier, burglary, life penal servitude. No. 6,227. Charles Barton, warehouse breaking, fifteen years' penal servitude. No. 6,873. William Goff, robbery with violence, fifteen years' penal servitude.
Mr. Gisborne to the Colonial Secretary, New South Wales. Sib, — Colonial Secretary's Office, Wellington, 28th June, 1871. I have the honor to inform you that eight conditionally pardoned convicts from Western Australia lately arrived at Lyttelton, and as their landing in New Zealand is an offence against " The Introduction of Convicts Prevention Act, 18G7," (a copy of which I enclose) an information was laid before the Resident Magistrate at Lyttelton against these convicts, four of whom were political and the other four ordinary convicts. The Fenians were liberated on bail to leave the Colony, and the other convicts were sentenced to be sent in custody back to Western Australia. A schooner was chartered for the purpose, but as the legal power to continue the custody after the vessel had passed out of the jurisdiction of New Zealand was doubtful, this Government, upon finding after search that there was no law in New South Wales preventing the landing there of these men, allowed them to sail for Sydney per " Queen of the South," and that vessel sailed from Lyttelton yesterday, conveying the convicts, a descriptive list of whom I enclose for your information. This step was taken with much reluctance by the Government of New Zealand, but no other course appeared to be open, and I trust that you will consider this Government justified, under the circumstances, in adopting it. I have, &c., The Hon. the Colonial Secretary, New South Wales. W. Gisborne.
Mr. Gisborne to the Colonial Secretary, Western Australia. Sir,— Colonial Secretary's Office, "Wellington, 28th June, 1871. Adverting to my letter No. 86, of the 19th instant, on the subject of the conditionally pardoned convicts lately arrived in this Colony from Western Australia, per " Queen of the South," in which you were informed that the schooner " Canterbury " had been chartered to convey them back to AV'estern Australia, I have now the honor to inform you that, as the power to carry out the sentence of sending the prisoners back in custody after the vessel had passed out of the jurisdiction of New Zealand is doubtful, the Government have allowed the convicts to sail for Sydney per " Queen of the South." This change from the original intention of sending them back to Western Australia has been made
Rettjbn of Pkisoneks with Conditional Pardons, Australia. landed in New iealand from "Western Name. Offence. Date of Conviction. Sentence. No. 9,7.35, John Flood No. 9,793, Edward Kelly ... No. 9,G54, Thos. Baines ... No. 9,731. Thos. Fannell ... No. 4,644.; Edwin Halliwell... Treason Felony High Treason Treason Felony Treason Felony "Wounding with intent to resist Burglary Warehouse breaking Robbery with violence ... April, 1867 ... May, 1867 ... Feb., 1867 ... July, 1867 ... July, 1856 ... 15 years' penal servitude. Death, commuted to life penal servitude. 10 years' penal servitude. 10 years' penal servitude. Transportation for life. No. 7,372, Wm. Collier ... No. G,227, Chas. Barton ... No. G,S73, William Goff ... March, 1857 October, 18G0 August, 1857 Life penal servitude. 15 years' penal servitude. 15 years' penal servitude.
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reluctantly, because, although after search no law of New South Wales preventing their disembarkation there can be found, the Government are very averse to transferring any men of that class to a free Colony. The claim, therefore, preferred in my former letter, for the refund of the cost of chartering a vessel with these men to Western Australia will not arise, as no charge is made for their voyage to New South Wales. I have, &c, The Hon.. the Colonial Secretary, Western Australia. W. Gisbobne.
No. 109. Copy of a DESPATCH from Governor Sir G. E. Bowen, G.C.M.G., to the Right Hon. Earl of Kimbekley. (No. 55.) Government House, Auckland, My Lord, — New Zealand, 6th July, 1871. Adverting to your Lordship's Despatches Nos. 13 and 30, of 1871, and to previous correspondence respecting the defences of New Zealand, more especially against possible attack by a foreign enemy, I am now requested by my Responsible Advisers to transmit, and to recommend to favourable consideration, the enclosed additional Ministerial Memoranda on the same subject. 2. I am confident that your Lordship will be gratified to observe* that: " Ministers wish to convey the assurance that it is their desire to avoid: " unnecessary controversy on abstract questions touching the reciprocal obliga- j " tions of the Imperial Government and its dependencies; and also that the: " general sentiment pervading this Colony is one of strong attachment to the: " Mother Country, and of readiness to share her fortunes." 3. At the same time, it seems my duty to report that there is reason to believe that the Governments of the other Australasian Colonies —as also the Officers Commanding Her Majesty's Naval Forces in these seas —agree with the Ministers of New Zealand in deeming that the squadron now allotted to this station, (namely four of Her Majesty's ships—at present, the " Clio," the " Blanche," the " Rosario," and the " Basilisk,") is insufficient to aid the Colonists in the defence of the coast of Colonies nearly as large in the aggregate as Europe, and of the vast and very valuable British commerce, chiefly the property of British taxpayers, connected with them; and at the same time to perform, virtually, the police (so to speak) of the Eijis and the other South Sea Islands; —for which latter purpose the services of one or more of the above mentioned men-of-war are frequently required. It is also urged, both professionally and otherwise, that some of the Queen's ships now employed on this station are hardly of sufficient armament and steaming power to meet the exigencies of modern warfare. 4. Submitting these few observations to your Lordship's better judgment, I have, &c, The Right Hon. Earl of Kimberley. G. F. BOWEN.
Enclosure 1. Memo, by Mr. Fox, June 26, 1871. Enclosure 2. Memo, by Mr. Fox, June 27, 1871. '■'* Enclosure 2.
Enclosure 1 in No. 109. Mehoeandtjm by Mr. Fox. Ministers have read Lord Kimberley's Despatch No. 30, of the 15th March last, in reply to their Memorandum of 30th December, IS7O, respecting the position of New Zealand in the event of England being involved in war with a foreign power. His Lordship has in his remarks apparently misconceived the intention of that Memorandum. Its object was not to recommend that in the event of war this Colony should be treated as neutral, but humbly to represent, in the immediate interests of the Colony, either that the Imperial Government should in such case adequately defend it or secure its neutrality, and thus more strongly to urge on them the duty of defence by showing the alternative into which they would otherwise be logically forced, —an alternative altogether impracticable consistently with the sovereignty of the Crown. Ministers are very glad to learn that Lord Kimbcrley himself sees the insuperable obstacles to the adoption of such an alternative, and they trust therefore that he will adopt the only other course open to him, the adequate provisions of means of defence to the Colony against external hostilities. In simply stating the grounds on which they are endeavouring to arrive at some definite understanding with the Imperial Government as to the protection which will be afforded to the Colony, Ministers have no desire to revive past controversy or to raise unnecessary discussion, but they do so from a settled conviction that uncertainty on this point, or reliance, as at present, on the drift of
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accidents, will sooner or later inevitably lead to results ruinous to the Colony and fatal to the integrity of the Empire. The question whether the Colony should bear any and what proportion of the cost of defending it against external aggression will, Ministers are satisfied, be considered by the Colony in a spirit of readiness to contribute its full share towards such cost so far as its means will allow. It is for the Imperial Government to point out the extent of contribution required from it. In consequence of the course of Imperial policy towards it, the resources of New Zealand are at this time necessarily absorbed in giving effect to large measures for its internal security; and therefore the imminent probability, last year, of a war between England and Russia was viewed with great alarm in the absence of all military and any adequate naval Imperial protection, —and in the apparent unlikelihood, as far as could be seen, of any such protection being forthcoming. It is now known that, in contemplation of war, a Russian corvette was in the Australian waters, and would have been able, if war had been declared, to have inflicted incalculable damage on British commerce and property before any steps could have been taken for her capture. It was under these circumstances that a respectful representation was made to the Imperial Government, urging them, unless they wished altogether to abandon this Colony, to take some steps for increasing its naval protection, and supplying it with other means of defence, and to lay down specifically some principles and conditions on which these Colonies could systematically and harmoniously co-operate with the Mother Country in their external defence. Wellington, 26th June, 1871. W. Vox.
Enclosure 2 in No. 109. Memobandum by Mr. Vox. Aftkb careful consideration of Lord Kimberley's Despatch No. 18, 27th January, 1871, relative to the general external defence of New Zealand in case of war between England and any foreign power, His Excellency's Ministers have the honor to submit the following observations. His Lordship repeats an assurance given to the Governor of Victoria, that in case of war the Imperial Government will " apply its means of naval defence for the benefit of the whole Empire according to " the judgment it may form of the exigencies of each particular time and place, and that the Australian ;' Colonies may rest assured that Her Majesty's Government will not permit itself to be found in such " a position as to be unable to discharge its duty in protecting interests so important as those which " are concerned in the Australian trade ;" and His Lordship encloses a letter from the AVar Office, stating that the Secretary at AVar will, when the requirements of the Imperial Forces have been provided for, " be very willing to sanction the supply of" arms required on payment," and will, when the requirements of the Colonial Government in respect of harbour defences are definitely stated, " endeavour, with as little delay as possible, to meet those requirements on repayment of the expense " involved," and that, " should any professional assistance bo required, it shall be readily afforded." In effect, the Imperial Government undertakes at its own discretion, and in such manner as it may from time to time deem best, to protect the trade of the Australian Colonies, and, as far as possible, to prevent hostile descents on their coasts, the Colonies, providing at their own cost the defence of their own ports and the supply of arms for themselves. In venturing to comment on His Lordship's Despatch, Ministers wish to convey the assurance that it is their desire to avoid unnecessary controversy on abstract questions touching the reciprocal obligations of the Imperial Government and its dependencies, and also that the general sentiment pervading this Colony is one of strong attachment to the Mother Country and of readiness to share her fortunes. But, at the same time, Ministers feel it due to the people whose interests are committed to their charge, to put before them in the clearest manner the precise extent and nature of their responsibilities and risks, should war unhappily break out between Great Britain and any foreign power. "We have recently become too well acquainted with the horrors of war not to be keenly alive to the risks which all countries are subject to from that great scourge of humanity, and the duty which devolves on a Government of averting or making provision as far as possible against such risks. Lord Kimberley assures us that in such a case the Imperial Government will, in the manner and to the extent which he points out, protect the Australasian trade. If under that term His Lordship includes that large portion of trade which falls under the head of the Intercolonial and coasting trade, such an assurance will be highly satisfactory, and will tend greatly to relieve the anxiety which is now felt on this subject. But, in that case, Ministers wish respectfully to point out to Lord Kimberley that the Imperial naval force in these seas is quite inadequate to the defence of the whole of the Australasian group, and if (as His Lordship implies) that force may bo withdrawn at any moment, at the discretion of the Imperial Government, for employment elsewhere, the Colonies cannot rely on it for protection against hostile attack. The recent appearance of a Eussian corvette in Australian waters, just upon the eve of a probable rupture with Eussia, has excited, not unnaturally, much speculation. It has been stated that in the event of war breaking out, her intention was to interrupt the mail service with England, and to commence a system of predatory attacks upon the Australasian trade. By a recent mail the Imperial Government communicated to the Governor of New Zealand details of a plot, supposed by some persons to be set on foot by a party of American filibusters, to levy contributions on the principal Australasian towns, and to intercept gold ships sailing from them to Great Britain ; and by the same mail Her Majesty's ship " Virago," (the only Imperial ship of war on the New Zealand coasts) was ordered to return to England before her relief arrived. Moreover, her relief, like herself, is a paddle steamer of obsolete date and of a kind ineffective for war purposes in modern times. Her Majesty's ship " Clio "is reported to be laid up in Sydney until instructions come from England for her repair, or until her relief is sent out, and one of the two other men-of-war is generally on special service to the Polynesian Islands. These circumstances are referred to as justifying the anxiety which is felt on this subject. It must be borne in mind that in proportion as these Colonies grow m wealth and importance, and more
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especially in proportion as the yield and shipment of gold from them increases, so their danger becomes greater. The vagueness of Lord Kimberley's Despatch as regards the extent of protection to be afforded by the Imperial Government in case of war, its only definite intimation being that this Colony is to pay for the defence of its ports and for the supply of its arms, cannot but be disappointing to the Colonists, considering that they have practically relieved the Imperial Government from the responsibility and cost of,, the government of the Maori race, and of suppressing civil war in New Zealand; and inasmuch as any foreign war in which Great Britain may be engaged will have arisen without the possibility of their having any voice in its creation or control of its progress, and inasmuch as its objects will probably bo purely of Imperial and not of Colonial concern. Ministers would respectfully, but earnestly, represent to the Imperial Government that justice to this Colony, and to British interests in its commerce and colonization, requires that that Government should maintain on its coasts in time of peace, as a wise and provident precaution for the contingency of war, adequate naval protection, and should make a reasonable contribution out of Imperial stores towards the armament of its ports and the supply of arms and ammunition to its settlers. New Zealand lias especially a claim in this respect on Her Majesty's Government: it has lavished blood and treasure in the support of the sovereignty of the Crown, and it is now solely and without external aid devoting its energies and resources to the suppression of insurrection and the preservation of these Islands as a loyal and integral portion of the Empire. It is, then, not unreasonable for it to ask that England should, in consideration of these circumstances, make some corresponding sacrifice, if justice can ever be so termed, in aiding it to provide against possible external hostilities which it will not have provoked, and in which it will have no direct interest except as a dependency of the Crown. Wellington, 27th June, IS7I. William Fox.
No. 110. Copy of a DESPATCH from Governor Sir G. E. Bowen, G.C.M.G., to the Right Hon. Earl of Kimberley. (No. 58.) Government House, Auckland, My Lord, — New Zealand, 12th July, 1871. Adverting to my Despatches No. 39, of the Ist May ultimo, and No. 55, of the 6th July instant, and to their respective enclosures, I have now the honor to transmit copies of further correspondence Avith Commodore Stirling, respecting the importance of the presence of at least one of Her Majesty's ships in the waters of New Zealand. 2. It will be seen that Commodore Stirling, like his predecessors, recognizes the importance of such presence, and is anxious to meet the requirements of this Colony so far as the very limited means now at his disposal may permit. I have, &c, The Right Hon. Earl of Kimberley. G. E. BOWEN.
Enclosure 1 in No. 110. Commodore Stieling to the Goveexoe of New Zealand. Totje Excellenct, —■ " Clio," at Sydney, sth May, 1871. I have the honor to acquaint your Excellency that, in consequence of the representation contained in your letter dated 14th ultimo, I have ordered the " Virago " to remain in New Zealand until relieved by another ship of war. I have, &c, F. H. Stieling, His Excellency Sir G. F. Bowen, G.C.M.G., Commodore and Senior Officer. Governor of New Zealand.
Enclosure 2 in No. 110. Commodore Stibling to the Goveejtor of New Zealand. Totje Excellency,— " Clio," at Sydney, 13th May, 1871. I have the honor to acquaint your Excellency that it is absolutely necessary for the " Bosario" to leave New Zealand for Sydney not later than 15th June next, in order to meet the " Megaera " by the end of that month, which ship is bringing out new crews for the " Eosario " and " Blanche." I have given Commander Challis directions accordingly. I much regret having thus to leave New Zealand for a short time without a ship of war. As soon as another vessel is available, she shall be sent to Auckland at the earliest date possible. I have, &c, F. 11. Stieling, His Excellency Sir G-. F. Bowen, G.C.M.fI , Commodore and Senior Officer. Governor of New Zealand. 29
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Enclosure 3 in No. 110. Governor of New Zealand to Commodore Stirling. Sic, — Government House, Auckland, New Zealand, 29th May, 1871. I have the honor to acknowledge the receipt, on the 25th instant, of your letter of the sth instant, acquainting me that, in consequence of the representations contained in my letter to you of the 14th ultimo, you had ordered the " Virago" to remain in New Zealand until relieved by another ship of war. This decision caused much satisfaction in this Colony, and I thank you for it on my own behalf and on that of the Colonial Government. But two days later your letter of the 13th instant reached me, from which it appears that you still contemplate leaving New Zealand for a time without one of Her Majesty's ships. On the grounds of public policy stated in my letters to you of the 14th and 28th April ultimo, and in the documents enclosed therein, I hope that the arrival of the " Basilisk," (which, as I am informed, is expected daily at Sydney,) will enable you to continue the course pursued for several years past by your predecessors and yourself with regard to this Colony. That course appears to be entirely in conformity with the views and wishes of Her Majesty's Government. I have, &c, Commodore Stirling, H.M.S. "Clio," Sydney. G. P. Bowen.
Enclosure 4 in No. 110. Commodore Stirling to Governor of New Zealand. Yotje Excellency,— " Clio," at Sydney, 25th June, 1871. I have the honor to acknowledge the receipt of your Excellency's letter, dated 29th ultimo, relative to the withdrawal of the " Bosario " from Aucklaud. It has always been my wish and intention to keep one of Her Majesty's ships in New Zealand, but I regret that, from the circumstances already explained, it has been impossible to do so. Her Majesty's ship " Basilisk" only arrived here yesterday, after a protracted voyage from England. She shall be sent to New Zealand without delay, as soon as she can be got ready for sea, which I hope will be by the Bth of July. I have, &c, His Excellency Sir George Bowen, G.C.M.G. F. H. Stirling. Governor of New Zealand.
No. 111. Copy of a DESPATCH from Governor Sir G. P. Bowen, G.C.M.G., to the Right Hon. Earl of Kimbekley. (No. 63.) Government House, Wellington, My Lord, — New Zealand, 4th August, 1871. I have the honor to report that, accompanied by my family, I left Auckland on the Ist instant, and, embarking at the Manukau Harbour in the Colonial Government steamer " Luna," proceeded by the West Coast of this Island to Wellington, where I arrived yesterday. 2. A new and handsome Government House has now been completed at Wellington for the residence of the Queen's representative, by the liberality of the Colonial Legislature. During its erection, my family necessarily lived in the excellent Government House at Auckland, which was built Avhile the lastmentioned city was the seat of the Colonial Government; but a small house was temporarily provided for my personal residence at Wellington during the Sessions of the New Zealand Parliament, and at other times when my presence was required here. 3. As will appear from the local newspapers, Lady Bowen and I were entertained at a public ball by the principal inhabitants of Auckland, on the 27th July ultimo; and our departure thence was accompanied by many gratifying demonstrations of esteem and respect on the part of all classes of the community. So, also, it will be seen that, on our arrival at Wellington yesterday, we were very warmly welcomed by the functionaries of the General and Provincial Governments, and by a large concourse of the inhabitants of this city. I annex copies of the address presented to me on this occasion by the Mayor of Wellington, and of my reply. 4. The Session of the Colonial Parliament for 1871 will begin on the 14th instant. I have, &c, The Eight Hon. Earl of Kimberley. G. F. BOWEN.
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No. 112. Copy of a DESPATCH from Governor Sir G. P. Bowen, G.C.M.G., to the Right Hon. Earl of Kihbeuley. (No. 69.) Government House, Wellington, My Lord, — New Zealand, 11th August, 1871. Adverting to several previous reports on the gold fields of this Colony, I now have the honor to transmit the Official Return, published in the Government Gazette of the sth instant, of the "Quantity and Value of the Gold exported from " New Zealand up to the 30th June, 1871.'' 2. It will be seen that the total export of gold from this Colony up to the end of the last half-year amounts in value to very nearly twenty-three millions of pounds sterling; and that the annual production now exceeds two millions and a half of pounds sterling. During the half-year ending on the 30th June, 1871, the export was 355,060 ounces, valued at £1,352,698. I have, &c, The Right Hon. Earl of Kimberley. G. F. BOWEN.
Enclosure in No. 112. (Extract from the New Zealand Gazette, 5th August, 1871.) EETUEi of the Quantity and Value of Gold Exported from New Zealand, from 1st Apeil, 1867, to 30th June, 1871. DUBINO 3( THE Ql TH JUN [TAETEE E: •E, 1871. :ded Produce I d a EXPOKTED TKEVIOUS TO THE 31sx Mabch, 1871. Total E FKOM NEV TO ! 30th 18' IxrOKTED v Zealand THE of the d "js pq o Eh Tot. .LS. Juke, 711'obt or 'ft U 1 o H Expobt. Goib Fields IN THE Peovince op I -_ > - Tt 8 5 m E a a a cc 2 i s I i Auckland ... Auckland ... Oz. | 22,345 Oz. 42,514 Oz. Oz. Oz. 357 Oz. 65,216 £ 236,981 Oz. 383,042 £ 1,297,655 Oz. 448,258 £ 1,534,636 Pieton Jfelson Marlborough Ditto 270 582 582 270 2.32S 1,080 ) i 36,822 142,090 37,674 145,498 852 3,408 30 120 Wellington ... Nelson Wettport ... Greymouth... Wellington Nelson Ditto Ditto 613 880 1,020 14,374 11,120 2,519 14,374 11,5131 10,076 57,496 40,244 30 1 1,037,464 120 4,102,180 1,065,918 4,215,996 "ill 28,464 113,816 Grey mouth... liokitika Okarito Westland ... Ditto Ditto 603 8,062 22,756 1,890 8,665 22,756 1,890 31,660 91,024 7,560 £ 1,508,837 5,941,723 1,542,1. 6,074,967 Duncdin Otago 16,102 4,246 28 33,311 133,244 2,727,428 10,042,446 10,946,960 Invcrcargill... Ditto 26,691 47,067 188,268 29,386 116,246 I 2,803,881 Totals 50,963 43,970 75,330 4,246 3S5 174,900 675,717 5,723,009 22,242,460 5,897,000 22,918,177 Office of the Comm: Welliugton, 281 issione tli Jul srof I 7,18' Customs, 1. Wil: jam See] Secreta: '9 •j of Custi »ms.
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COMPARATIVE EETTTRN of the Qu. of New Zealand for the Half-yeai lNtity and Valu :s ending respect: e of Gold Expo ively 30th June. (Eted from the various Pboyinces- , 1871, and 30th June, 1870. Half-yeab ekdinc 30th June, 1871. Half-teab eudiko 30th June, 1870. Peotinces. Quantity. Value. Quantity. Value. Oz. £ Oz. £ Auckland Wellington Marlborough Nelson ... Westland Otago ... Southland 149,235 992 49,398 65,695 529,398 3,968 197,592 262,780 \ 53,342 30 837 75,056 74,252 75,227 1,306 191,446 120 3,348 301,118 297,083 300,992 5,226 } 89,740 358,960 ( • Totals 355,060 1,352,698 280,050 1,099,333 Office of the Commissioner of Customs Wellington, 28th July, 1871. "William Seed Secretary of Customs.
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FURTHER DESPATCHES FROM HIS EXCELLENCY THE GOVERNOR OF NEW ZEALAND TO THE RIGHT HON. THE SECRETARY OF STATE FOR THE COLONIES., Appendix to the Journals of the House of Representatives, 1871 Session I, A-01
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87,407FURTHER DESPATCHES FROM HIS EXCELLENCY THE GOVERNOR OF NEW ZEALAND TO THE RIGHT HON. THE SECRETARY OF STATE FOR THE COLONIES. Appendix to the Journals of the House of Representatives, 1871 Session I, A-01
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