WEST COAST NATIVE AFFAIRS (FURTHER PAPERS RESPECTING). [In continuation of A.-8b, 1882.]

Appendix to the Journals of the House of Representatives, 1883 Session I, A-04

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1883. .NEW ZEALAND.

WEST COAST NATIVE AFFAIRS (FURTHER PAPERS RESPECTING). [In continuation of A.-8b, 1882.]

Presented to both Houses of the General Assembly by Command of His Excellency.

No. 1. His Excellency Sir A. H. Goedon to the Peemiee. The Governor, when he left New Zealand on the 13th ultimo, had no reason to apprehend the occurrence of any serious collision between the Government and the Maoris on the West Coast, nor was such a collision anticipated by the Premier or the then Minister for Native Affairs. His Excellency was not then aware that any intention existed of strengthening the force of the Armed Constabulary, or of arming the settlers, and he is bound to presume that no such intention at that time existed. On his return, he finds a very different and very alarming state of things in existence ; and he requests that he may be informed in detail of the circumstances which have called for measures of such serious importance as those which have been adopted, involving, in all probability, consequences of a very grave character. His Excellency more especially desires to be informed of the circumstances which rendered immediate action so imperative as to make necessary the issue, under the temporary government of an Administrator, of so important a Proclamation as that of yesterday, and the appointment of a new Minister of Native Affairs, when his own return within twenty-four hours was known to be at least probable, if not well nigh certain. An Acting Governor has, no doubt, all the prerogatives of a permanent one ; but, when the absence of that permanent Governor is known to be of but short duration, it is not usual, except only in cases of the most immediate necessity, to adopt measures of such importance as to affect the whole remainder of his administration, and to the adoption of which he may reasonably be supposed reluctant to assent 20th October, 1881. Aethue Goedon.

Sub-Enclosure to Enclosure in No. 38.

No. 2. The Peemiee to His Excellency Sir A. H. Gobdon. Memorandum for His Excellency. The Premier presents his respectful compliments to the Governor, and acknowledges the receipt of His Excellency's memorandum dated yesterday. 2. In that memorandum, His Excellency comments upon the present position of Native affairs on the West Coast; requests that he may be informed in detail of the circumstances which have called for measures such as have been taken, and especially of those which are considered to have made necessary a Proclamation dated the 19th instant; states that it is not usual, except only in cases of the most immediate necessity, for such important steps to be taken during the absence from a colony of the permanent Governor; and adds that, at the time the Proclamation was issued, and Mr. Bryce was appointed Native Minister, " his own return within twenty-four hours was known to be at least probable, if not well nigh certain." 3. Ministers are ready at all times to furnish to His Excellency the Governor any information as to events connected with Native affairs which may be at their command. They believe that a memorandum, stating the course of events for about the last five weeks, will meet His Excellency's wishes. Such a document is accordingly being prepared, and it will be forwarded as early as possible. 4. With regard to the action taken while His Excellency was absent from the colony, and which is referred to in his memorandum, Ministers submit the following remarks : — 5. When, early in September, it was found that the session of the Assembly would not have terminated at the time His Excellency proposed to leave Wellington, on his way to .Fiji, the Premier replied to a question on the subject put by His Excellency, that Ministers were of opinion no serious

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Sub-Enclosure to Enclosure in No. 38.

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public inconvenience would result from carrying out what had been proposed: it being understood that, so soon as His Excellency had left the colony, the dormant Commission addressed to the Chief Justice would come into force, and the Chief Justice be at once sworn as Administrator of the Government. 6. That opinion was only expressed because Ministers were aware that the Administrator would have all the powers of the Governor: that there would, in point of fact, be in New Zealand a Government competent for every purpose under the Constitution Act, and the Boyal Commission and Instructions. On the Bth September, the Premier, replying in the House of Bepresentatives to a question respecting the Governor's then intended departure, gave the assurance that such arrangements had been made that there would be no inconvenience whatever in the transaction of public business. On the 9th September, when question was raised in the House as to the scope of the dormant Commission, the Bremier repeated this assurance, in effect, and denied that the Parliament or the colony would be called upon to make any sacrifice because of the Governor's departure. If Ministers had believed that there could be any suspension or interruption of the ordinary functions of Her Majesty's Representative, they would have been unable to advise that His Excellency's departure could take place without serious inconvenience. 7. With respect to the increase of the Armed Constabulary, it was the will of Parliament that this Porce on the "West Coast should be strengthened. The House of Bepresentatives not only increased the vote for the Eorce, as recommended by the Government, but, so far as opinion was expressed in the House, it unanimously favoured a prompt and effective addition to the Constabulary. Even now, however, the strength of the Porce barely exceeds what it was two years ago, under the Government of Sir George Grey. 8. Ministers must respectfully but firmly demur to His Excellency's proposition that, because the Administrator's tenure of office was temporary, such acts as the issue of the Proclamation, the acceptance of the resignation by a Minister of a particular office, and the appointment of a new Minister thereto, ought to have been delayed. The public business of the colony was carried on under the Administrator precisely as it would have been under the Governor; and Ministers are solely responsible to Sir James Prendergast for what they have done and advised during his tenure of office. This course was, Ministers respectfully submit, in accordance with the terms and the intention of Her Majesty's Commission to the Chief Justice of the colony, as well as in accordance with the understanding with His Excellency prior to his departure. 9. The reasons which satisfied the Administrator of the Government that it was necessary and right on his part to sign the Proclamation of the 19th instant, are set forth in a memorandum bearing that date. The document is, no doubt, in the office at Government House; but, for His Excellency's greater convenience, a copy of it is attached hereto. Whether, under the circumstances, the action of the Executive was unusual, Ministers will not argue: they content themselves with stating their inability to concur with his Excellency's remarks on that subject. 10. In conclusion, Ministers desire to state that they had not received information that His Excellency's return within twenty-four hours, or any definite period, was probable, or that any communication whatever from His Excellency had reached the colony after his departure from Auckland: nor could they suppose that His Excellency would have been reluctant to assent to measures which, in their opinion, had become necessary for maintaining the peace of the colony, and protecting the lives and properties of Her Majesty's subjects. Wellington, October 21st, 188*1. John Hall.

See A.-88, 1882

No. 3. His Excellency Sir A. H. Goedos" to the Peemiee. The Governor would wish to be informed with what instructions Mr. Bryce has been furnished for his action on the "West Coast, and what powers he possesses of acting without reference to Wellington. The Governor would also wish to be informed what instructions have been given to Colonel Boberts. In the present highly critical state of affairs, His Excellency also desires to be informed, daily, of all important official communications sent to, or received from, Mr. Bryce or Colonel Boberts. 21st October, 1881. A. H. G.

No. 4. The Peemiee to His Excellency Sir A. H. Gobdo_.. The Premier has the honor to reply as follows to the memorandum handed to him yesterday by His Excellency the Governor : — 1. It has not been considered necessary to furnish written instructions to Mr. Bryce. He has discussed the whole situation with the Cabinet; and, as the Minister to whom it specially belongs to deal with the question now at issue on the "West Coast, a large amount of discretion must necessarily be vested in him. Generally, before taking any important step, Mr. Bryce will communicate with the Premier; but where special circumstances, or sudden emergency, render immediate action necessary, Mr. Bryce will act on his own responsibility. 2. The general instructions under which Colonel Boberts is acting will be gathered from the memorandum already in course of preparation for His Excellency. Colonel Roberts's standing instructions are, that he is first to warn any Natives who are committing illegal trespass, or otherwise breaking the provisions of the West Coast Settlement Act; and—should they persist after fair warning—when convenient opportunity presents itself, he is to arrest the offenders. At present, prudential reasons prevent any active steps being taken. Mr. Hursthouse is daily giving warnings .against breaches of the law. Colonel Boberts receives instructions upon particular cases as they arise.

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3. The Premier will direct that important official communications from or to Mr. Bryce or Colonel Eoberts be sent to him, so that they may be forwarded for His Excellency's information. October 22nd, 1881. John Hall.

No. 5. His Excellency Sir A. H. Goedo_. to the Seceetaby of State for the Colonies. My Loed, Government House, "Wellington, October 22, 1881. On the 13th ultimo I left Auckland for Fiji. At that time, affairs upon the west coast of the North Island of ]New Zealand were in much the same state as for many months past. No serious difficulty was apprehended from them, and the Premier expressly telegraphed to me, the day before I sailed from Auckland, that there was " no cause whatever for postponing " my departure. 2. On the 4th instant, whilst at Levuka, I received intelligence that two days after I left Auckland, the Government began to entertain alarm as to the condition of affairs; that the Constabulary Eorce had been largely augmented; that the Taranaki settlers were being enrolled and armed; that the Minister of Defence had, on the 21st September, asked for and obtained from the House of Eepresentatives a vote of credit for £100,000 ; aud that war with the Maoris was regarded as almost inevitable. This intelligence I obtained from a letter written by my Private Secretary, and from a perusal of the New Zealand newspapers, not a single member of the Ministry having addressed a single line to me on that or any other subject. 3. Although I was unable to learn that any new or unexpected action on the part of the Natives had given rise to these feelings of uneasiness, it was clear that a great change in the views of the Government must have taken place since my departure, and that the situation had become in the highest degree critical. I therefore determined to abandon, unfinished, what remained of the work which had brought me to Eiji, and to return at once to New Zealand. 4. I reached Wellington between 10 and 11 o'clock on the night of the 19th instant, but found that at between 8 and 9 o'clock on the same evening, the Administrator, Sir James Prendergast, had issued a proclamation, a copy of which is enclosed in my despatch of the 20th instant, giving fourteen days' notice to Te Whiti and the Parihaka Natives to accept the conditions of the Government, and had re-appointed, as Native Minister and Minister of Defence, the same Mr. Bryce whose " vigorous " policy the Cabinet had in January declined to sanction, but whose views appear now to be in the ascendant. 5. At the time these steps were taken, I was myself within the territorial limits of the colony, and a question has been raised whether, this being the case, the acts performed by Sir J. Prendergast were not invalid. It would be so inconvenient were acts performed in good faith to be invalidated by the unknown return of the Governor to the colony, that I cannot conceive it possible that thj Administrator's functions should expire before he becomes aware of the fact. The doubt, however, having been suggested, I have thought it better to refer it to your Lordship for resolution. 6. On meeting the members of the Executive Council on the morning of the 20th instant, I at once asked for a statement of the causes which had led to so great a change of policy and action. Such a i-tatement in writing has been promised me by the Premier, but has not yet been placed in my hands. When it is so, I shall be better able to judge how far lam prepared to accept the consequences of measures to which I have been no party, and the justice and expediency of which as yet appear to me very doubtful. 7. Until I have carefully weighed the facts to be alleged by the Government, I suspend the formation of any decisive judgment, but, so far as the circumstances are yet before me, I am greatly disposed to share the views expressed in the enclosed extracts from the Lyttelton Times, which I think are well worth your Lordship's notice. I should, however, add that I believe the sentiments they express to be those of a but inconsiderable minority, and that the Cabinet will be supported in its " vigorous " action by nine-tenths of the white population of the colony. I have, &c, The Eight Hon. the Earl of Kimberley, &c. Aethue Goedom". P.S. —The latest news from the West Coast forwarded to me since concluding my despatch is conveyed in a telegram received by Ministers. Your Lordship will observe that this telegram, a copy of which is enclosed, contains an account of the delivery of the Proclamation to Te "Whiti. A. H. G. [Enclosures 1 to 4 are extracts from the Lyttelton Times.]

See Ho. 6 and its Enclosure.

Enclosure 5. Telegram from Mr. W. J. Butlee to the Hon. W. Eolleston". 22nd October, 1881. Me. CaebingtO-S. and I proceeded to Parihaka to-day, shortly after my arrival here. At the entrance to the marae we were met by Te Whiti's policeman, who took me by the hand and said, " Come this way, I will lead you. We have been expecting an officer to-day." And he conducted us to the v. hare called Taewa Pirau, the same in which your interview with Te Whiti took place. The wtiare was crowded. "We entered, Te Whiti being near the doorway, with Eangi Puawheawhe, and Tohu next him. About 150 other men altogether inside and near the door. Te Whiti received us in the most friendly manner, and after some ordinary coversation, I handed him the Proclamation. After carefully examining the address, he handed it to Eangi, who read it aloud in perfect silence to about the middle of the last paragraph, when Te Whiti said, " That will do, read no more." After a short silence, I said, " Have you any message for me to take ?" Taking the

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Proclamation in his hand, he said, "No, this does not admit of any reply. An officer slept here last night. These are not new words ; they were uttered some time ago in the House by Sir William Fox, who said the Maoris were to be deprived of all their land this year. Do not now attribute any blame to Te Whiti for this: it is the doing of the pakehas entirely." Te Whiti's language was temperate throughout, without the least sign of temper. There was a weary and careworn expression on his face as we left. Mr. Carrington said he would return on Monday with some medicine for him. Te Whiti said, "Do you know the contents of this document ?" He replied he had just heard it read. Te Whiti said, " Then you know the number of days allowed?" Mr. Carrington said " Yes." Te Whiti then told him he had better not return there, lest he should be shot by the pakeha. Propose to distribute more copies of Proclamation to-morrow. I hear that the officer Te Whiti alluded to was a European who slept at Parihaka last night, and told him, through young Fox, of the Proclamation, but have been unable to ascertain his name.

No. 6. The Peemiee to His Excellency Sir A. H. Goedon. Memorandum for His Excellency. The Premier presents his respectful compliments to the Governor, and has the honor to forward to His Excellency the memorandum recently promised respecting Native affairs on the West Coast. Government Offices, "Wellington, October 24th, 1881. J. Hall.

Enclosure. The following is a statement of recent events on the west coast of the North Island, which have led up to the present position of affairs, when, in order to assert the supremacy of the law, and to secure that effect shall be given to the provisions of the Legislature, under " The West Coast Settlement Act, 1880," it has become necessary to strengthen the Constabulary, and intimate plainly to the Natives the determination of the Government that the statute law of the colony must be observed. The narrative of facts commences from a time before the departure of His Excellency, when the Natives began to fence upon lands not set aside for them. Shortly after they did so, definite instructions were given to Colonel Eoberts, that the illegal fencing of lands by the Natives must not be permitted, and the provisions of the West Coast Settlement Act must be enforced. It is thought advisable to give the facts from this point, as showing that the course now being taken is a natural sequence upon that instruction, given prior to His Excellency's leaving the colony, of which instruction he was made aware by the Native Minister before his departure. In the month of July, reports reached the Government that the Natives were fencing upon sections of land on the seaward side of the main road, which were rot set aside for Native occupation, and instructions were given to take down the fencing, after warning the Natives that they were acting illegally, and telling them to desist. It was hoped at first that the course taken would have led to the Natives desisting from further fencing, and in the first case it was successful; but it soon became apparent that they intended to persist. In the month of August, Colonel Eoberts was informed that he was first of all to warn Natives that they were trespassing in an illegal manner, and that they must remove the fences they were erecting, and if they did not remove them the fences would be taken down by the Constabulary, and that ultimately, if he was satisfied that they intended to continue obstruction, he must have the ringleaders identified and arrested. Towards the end of the month of August the number of cases of fencing by the Natives was much increased, and it became necessary to send strong parties to remove the fences. The records show that in almost all instances the Natives placed upon Te Whiti the responsibility of their action ; and it will be seen that in a number of cases the Natives cultivating the ground were strangers in the district, who had no individual or tribal interest in the land. On one occasion a number of the Natives engaged in planting told the Native Minister that the original Native title had nothing to do with it now, but the land was Te Whiti's, and he gave to whom he chose irrespective of their tribes. On the Ist September, it had become evident that, unless we were prepared to run considerable risk of being overpowered by numbers, and of some accident which might lead to bloodshed, any further taking down of fences must be done by a larger force of Constabulary, and accordingly the position of Pungarehu was ordered to be strengthened by taking forty-five men from Opunake. His Excellency left Auckland on the morning of the 13th September. On the 12th, an act of aggression was reported by Colonel Eoberts, which showed a determination on the part of the Natives to more active and serious obstruction. " As the firewood drays from the camp had finished loading on Section 14, about thirty Natives, " who had come to put up the fence on Section 15, went to the wood party, consisting of two drivers " and three constables, and ordered them to take the wood off the drays and to go away. As the wood " party would not unload the drays, the Maoris did, and again told them to go. The party, considering " that resistance would be useless, then started towards the camp, followed closely by the Maoris to " the ford on Section 23. When they had crossed the river, the Maoris called out to them not to come " back, and returned to their fencing." On the 15th September, Colonel Eoberts reported as follows: —■ " Mr. Ca.rrington went to Parihaka to-day, and reports Te "Whiti as looking very anxious, dis- " spirited, and very irritable, quite different to his usual manner. The quantity of food collected for " the meeting is enormous : far beyond the customary supply. This afternoon I rode out with orderlies " for the purpose of visiting the different clearings. After I had proceeded a few hundred yards from " camp, I noticed Natives galloping about in different directions. By the time I had travelled " about a mile on the Parihaka Eoad (the road called by that name on the map), the orderlies " informed me that we were followed by fifteen or sixteen mounted Maoris, and from seventy to one

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" hundred on foot. We walked our horses quietly until we reached the clearing on Section 38, and " halted. The Natives halted about one hundred and fifty- yards from us, one only coming to where "we were. I asked him why they were following. He said that he was very angry, and that we were " not to cut his fence. I then went on to the beach and rode on to the lighthouse, followed by nine " mounted Natives. After waiting there for a little time, we went on to Section 15, and saw several " Natives about, including those who followed us. We rode sharply to within fifty yards of the fencing " paddock, when from thirty to fifty Maoris came suddenly on us, and extended in skirmishing order "on the edge of a belt of scrub, which lay between us and the paddock, the open ground. They " were all supplied with their taihas or sticks, and several of them were stripped. One of them, who " appeared to be the leader, stripped and armed with taiha, stood on the track barring my way out. "Itis my firm belief that if we had touched the fence they would have attacked us. I thought they " meant mischief when we were on Section 38, and I only made the manoeuvre on Section 15 to be " quite satisfied. lam afraid there is an end to taking any more fences down without serious results. " I am satisfied that a very critical period has arrived, and that the utmost caution is now necessary. " Everything points to a serious disturbance on the next occasion a fence is removed." Prom this time forward, it became more apparent that the Constabulary Force must be strengthened to an extent not previously contemplated as necessary. The system of Native scouts accompanying any parties of (he Force or officers on all occasions, and other circumstances, pointed to the fact that they were prepared to mass numbers together at short notice, at any spot where the Constabulary might take action. On the 17th, the meeting took place, at which Te Whiti spoke in such a manner as to convey the impression, both to Europeans and Natives, that he intended his people to resort to violence. The report as given in the public newspapers is attached, as also the official report by Mr. Hnrthouse. There can be no doubt that the view largely accepted, both among Maoris and Europeans, wasthat acts of violence were contemplated, in return for any attempt on the part of the Constabulary to enforce the law. Had the Government not then taken steps to strengthen the Constabulary,, and to place the districts in a position to defend themselves by the organizing of Volunteer bodies, the feeling of uneasiness and distrust which had arisen, would probably have resulted in the abandonment of their homes by the settlers, and the encouragement of the Natives to commit some worse act of violence. Telegrams were also received, from which it appears that Titokowaru had been in Manaia, uttering threats likely to cause great alarm as coming from a man of his previous character. It may be doubted whether he was in earnest, or was sober when he uttered them ; but the fact remains the same, that they were calculated to excite grave alarm in the minds of the settlers, in whose memories the horrors of the war in 1868-69 are still fresh. Fencing operations by Natives in large numbers on a sold section on the Waitaha, wrere actively prosecuted on the 12th, 13th, and 14th, in spite of repeated warnings. On the 14th October, Mr. Carrington, the interpreter at the camp, heard in Parihaka that Te Whiti had instructed the Natives to resist without arms the removal of the fences ; but should a Native be killed in the scuffle, they were to kill a European ; and should we take prisoners, they were to do the same. On the 19th of the present month, a telegram was received from Colonel Roberts, which disclosed a new phase of resistance on the part of the Natives, which, coming as it did after persistent efforts on the part of the Native Minister to effect a reasonable settlement of differences, and after a distinct warning in his letter,, dated the 10th October (attached), that the existing obstruction must cease, could not but be held tohave a very important significance. The telegram from Colonel Roberts is as follows:—"Have just returned from Section 28. " Fleming and his mate were working in the bush on Section 22 this morning, cutting and carrying out " posts, when about fifty Maoris came to them and told them to leave off work, at the same time carrying " back the posts which Fleming had carried to the road-side. At first they spoke only in Maori, but " subsequently told them in English to stop. Besides this, over two hundred small posts for a sod-and- " wire fence, which were laid along the road frontage of 28, have been carried off the land, and thrown " into the flax and fern, and some into a swamp. The straining-posts which were heavy for carrying " have been chopped in two; also some twrenty or thirty sods which were cut and placed as beginning "for a bank fence have been replaced in the trench from which they were dug. Fleming told us that " his brother, and joint owner of the two sections mentioned, was in New Plymouth, and expected out " soon with the wire for the fence. I recommended him not to take the wire on to the land at present, " and not to go on with the fence again until I had received your instructions on the matter. Neither "he nor his mate think they can identify any of the Maoris. After the Maoris had carried away the " posts, and stopped him working, they went away, and were not there when we arrived. WTe were "followed by thirteen mounted Maoris. Maoris are working to-day in a small unfenced clearing in " Section 43, Block XII., near the road. This clearing was pointed out to you from the whares on " Section 44. Two of the Natives can be identified.—J. M. Robekts, Lieut.-Colonel." It will now be necessary to go back, for the purpose of explaining the action taken by the Native Minister, who went to Pungarehu immediately after the rising of Parliament. He at once placed himself in communication with many of the leading Natives in the district, explaining to them fully the desire of the G-overnment to meet the wishes of the Natives in respect of particular lands for which they might have any predilection. He further explained the general proposals of the Government and the Commission, to such Natives as would be sure to convey a statement of them to Parihaka; intimating on all occasions that the present unsatisfactory state of things would not be allowed to continue, and that the future prospects of the Natives of the district were likely to be sacrificed to the wilfulness of Te Whiti and the more irreconcileable of his followers. The general impression he gathered from all these Natives was that conveyed in a telegram (19th October, 1881), that the Natives at Parihaka are getting very dissatisfied with the constant waiting for the fulfilment of Te Whiti's promises. At the same time, the question was frequently asked him, " Why do you not go and see Te Whiti ?" and he was advised to do so by more than one chief of note. After some preliminary communication through Mr. Riemenschneider (a gentleman who had known Te Whiti from his earliest

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youth), in which Mr. Rolleston distinctly informed Te Whiti of his desire to settle any matters affecting lands still unsold in a friendly and liberal manner, the Native Minister was given to understand that Te Whiti wished to see him, and accordingly he went to Parihaka and met him on the Bth instant. The result of the interview was not satisfactory. When the Native Minister intimated his desire to discuss matters with Te Whiti with a view to amicable settlement, Te Whiti definitely refused to be party to any settlement. He used the old metaphor of the blanket, which he said belonged to him, and could not be divided. He entirely ignored the work of the Commission, saying that the Commissioners were parties to the wrong-doing, and therefore unfit to sit in judgment upon it. He finally became offensive in his manner, and was evidently talking more by way of self-assertion before his people than with any desire of meeting Government in an amicable manner. The meeting was thereupon brought to a close. On the 10th, the following letter was written by the Native Minister, and conveyed to Te Whiti by Mr. Riemenschneider : — " Pbienb Te Whiti,— " Pungarehu, 10th October, 1881. " I came to see you because I was told you wished to see me, and I am glad that we have " met face to face. Tou have now heard from my own mouth the desire of the Government to deal " with you as a friend, and to arrange for the settlement of both races upon the land in peace. I came " also because things are not now in a satisfactory position, and because the Europeans and Natives " alike have been disturbed by the reports of what you have said, and the acts which are said to be " done under your sanction. I had heard that what you had said was misinterpreted. I had heard " too that you did not clearly understand what were the proposals of the Government, and I desired "to explain them to you. Tour friend Kiwene has told you plainly what I was willing to do if you " listened to my word. Our meeting is over. Whether it is for good or for evil is yet unknown. " If it brings good to both races we shall have the blessing which belongs to the peacemakers. "If no good comes of it, the blame will not rest on me and the Government; it will lie with you. " The present confusion and uncertainty cannot last. The proposals of the Government cannot long " remain as they are. Enough of that, which has already been told you. There are fences erected on " land which is not set apart for Natives, but which is sold to Europeans, and also across roadways ; and " those who have put up these fences have been told that they were doing wrong and breaking the law, " and are liable to punishment. The reply they give is that they are acting under your instruction " and with your approval. There are some, even now, fencing on European land. This is wrong, and " cannot be permitted : it must be stopped. —Wm. Rolleston." What passed at the above-mentioned interview, as compared with more friendly expressions which he was reported to have used previously, confirms the view which has been taken by others, that Te Whiti's amour propre —a feeling which is evidently very largely developed in him—and a dread of the loss of his mana with his people, stand in the way of his receding in any way from the position of independence of the law and the Government, which he has assumed as the head of an aggregation of people from all tribes of the colony. It is, of course, difficult to recede from a position in which he claims that the atua speaks through him; but, apart from this, there is a view which has possessed his mind, viz., that the Imperial Government will interfere in his favour —a notion which, no doubt, has contributed largely to a postponement of a settlement of existing difficulties. Until he or his incredulous followers are practically convinced that the statute law of the colony must take its course, no permanent solution of the difficulty is possible. The office file of papers and telegrams relating to West Coast affairs, which give full details relating to the events referred to in this memorandum, is forwarded herewith for His Excellency's information. Wellington, October 24th, 1881. W. Rolleston.

Sub-Enclosure. Pungarehu, September 17th, 1881. The Hon. the Native Minister, Wellington. Te Whiti's speech to-day very puzzling. He said i£ they did not obtain what they were striving for, they were not the descendants of Israel; that the quarrel about the land was the chief thing of this generation, but peace should be in all men's hearts ; that the day should now be dark. Honour should be on the brave, but suffering would never end : that now the quarrel is with all the mighty men, but could be stopped by their goodness. Peace and evil should be separated. The great word now that resounded all round was, Quarrel quarrel. It was all foretold, and this was one of the seven months of which they had heard. The hands of the great were now against his weak hands, but would not prevail. He claimed all things, saying that they were his, and by him. Let the strong men stand forth against him, but they would not succeed. By him had this quarrel been brought here, and was now under the feet of the small tribe. Jehovah would, through them, destroy their enemies. Neither kings nor governors should turn them off the land. In these days, strong people should faint and vanish. What was to be done now would be for all time, and all must be done before him. He said, None of you will I release. Our days will soon be complete. If good is with us we shall not fight, and the God of To Whiti shall obtain all things. He told them they had the pains of the Disciples and Apostles on them. He spoke for the evening of their days, not for the future. The quarrel shall be on the land which is called Government land; let them (the Government) bring on the trouble. He finished up by saying: Maoris, take to-day your guns and weapons : Pakehas, come with yours. By weapons alone shall things be arranged. Tohu then made a similar address, after which Te Whiti spoke again, and told them that what had been said was only for their «ars ; that the days of the weapon ended with the prisoners, but that now men should be sown on the land ; that were fifty thousand to build the walls of Pungarehu, they would be cast down ; and were twenty thousand there, they would be buried, and ten thousand guns would be nothing. lam afraid that Te Whiti feels his influence to restrain the people diminishing, and that he will be inclined to

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allow them to take things more in their own hands. There will probably be some explanation of his speech given this evening. I have arranged to get news of what takes place. I mentioned that you were coming, but only in a casual way. The prisoners are only to plant, and not to take part in fencing. C. W. Httbsthoitse.

No. V. The Peemiee to His Excellency Sir A. H. Goedoi.. Memorandum for His Excellency. The Premier presents his respectful compliments to His Excellency the Governor. 2. The issue of the Proclamation of the 19th instant, respecting Native affairs on the west coast of the North Island, makes it advisable that before the expiration of the fourteen days therein named, the Government should have, at or near the camp, Pungarehu, as large an armed force as can fairly be made available. 3. Ministers think it may be reasonably hoped that such a force will so influence Te Whiti and his followers as to enable, without collision, the law to be asserted by the removal of illegally-erected fences, and in other ways, as well as to induce the majority of the Natives to consent to submit their grievances or claims, through the Government, to the West Coast Commissioner. The Government have therefore given directions for moving to Opunake a considerable number of Volunteers who have offered their services. 4. It is necessary, however, that the men should be brought under military law, for which purpose they should he, by a warrant, called out for actual service. 5. His Excellency is respectfully advised to sign the accompanying warrant having that object. In its terms it applies to all the corps in the districts named; but only those men will be taken who have offered or may offer their services. Wellington, October 26th, 1881. J. Hall.

Gazette, j5.0.89,p. 1409.

No. 8. His Excellency Sir A. H. Gordon to the Peemiee. Memorandum by His Excellency. The Governor has read and considered the Memorandum of Mr. Rolleston with regard to recent events on the west coast of the North Island, and has carefully examined the mass of telegrams appended to it. The more attentively the Governor studies the West Coast question, and the better he becomes acquainted with its history, the more cause he perceives for doubt as to the soundness of the position which has been assumed by the Government of New Zealand. The terms of the Proclamation of the 2nd September, 1865, are not free from ambiguity ; but even if it be assumed that they imply all that is contended by those who assert the absolute confiscation to the Crown of every acre of land within the limits named therein, —an assumption by no means shared by His Excellency, —it may still be urged with great force that, as regards a large portion of this territory, the rights acquired by the Crown under the Proclamation have long been practically abandoned. It admits of no dispute that Natives, not excluding many who had borne arms against the Crown, have, without molestation, retained or resumed possession of much of the confiscated lands ; and that such occupation has not only been tacitly sanctioned, but has received formal recognition by the purchase of portions of the land, and the acceptance by the Crown of regular transfers from the IN ative owners as its proprietors. The Parihaka lands themselves, (on which Te Whiti and some others who had taken no part in rebellion have lived uninterruptedly from a period anterior to 1865,) are in a portion of the confiscated territory in which all white settlement was forbidden by Government, while Natives who had left the district on account of their participation in the war were undoubtedly encouraged to return to it. It would appear, therefore, that, whatever technical claims the Crown, owing to the fact that the Proclamation of 1865 had never been recalled or modified, might continue in a strictly legal sense to possess, all moral or equitable right to revive and enforce such claims, to the injury of the Native occupants, had passed away long before the Government of Sir George Grey, in 1878, determined to undertake the survey of the Waimate Plains, with a view to their sale to settlers. The Governor, ever since he has possessed any real information on the subject, has considered the right of the Crown to dispose absolutely of these lands to be questionable, and the position of the Government, consequently, a somewhat false one. Eor the decision to enforce these claims, however, His Excellency's present Advisers are not responsible, and it has appeared to him that they sincerely desired a conciliatory settlement of differences with the Natives, and were anxious to avoid a resort to violent measures for bringing to an end existing disputes. The apparent acquiescence of the Natives in the allotment to them of the reserves made in the Waimate Plains, according to the recommendation of the Royal Commissioners, seems to condone any injury which they might be considered to have suffered, and to afford a fairly satisfactory settlement of a very troublesome question. The Royal Commissioners also recommended the reserve of a very large block of land for the Parihaka Natives, and their recommendation was adopted by the Government; but His Excellency saw cause to apprehend that difficulties would probably arise, if the land lying between Parihaka and the sea, (and with which we are told by the Native Minister of Sir George Grey's Government that he did not intend to meddle,) were not also left with those who had for many years exercised exclusive control

Enclosure to No. 6.

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over it. These apprehensions were more than once mentioned by His Excellency both to Sir William Eox and to Mr. Rolleston. It was however thought that it would be sufficient to reserve only a few sections upon which cultivation either actually existed at the time of survey, or had existed shortly before. The rest of the block on the seaward side of the new road was advertised for sale, and partially sold. Difficulties, in fact, soon arose. The Natives, who had been accustomed to cultivate at will on any part of the land, continued to clear and plant on different sites, sometimes, apparently, in ignorance whether they were, or were not, within the limits of sections advertised for sale, or actually sold ; and sometimes, no doubt, as a denial of the right of the Crown to enforce, in 1881, the confiscation of 1865. Still, up to the time of His Excellency's departure from Wellington for Fiji, upon the 9th September, it was thought probable that everything would be quietly arranged ; and that, although Te Whiti and his followers would not openly or formally consent to accept the reserves assigned to them, they would, in the end, tacitly acquiesce in the arrangements made ; and that interference with lauds not designated by Government for Native occupation would diminish, and shortly cease, if good temper and patience were for some time longer displayed. Unfortunately, however, soon after His Excellency's departure, various circumstances, which are fully narrated in Mr. Rolleston's memorandum, induced the Government to resort to more active measures, and finally led to the issue, by the Administrator, an hour or two before the Governor's return to Wellington, of a Proclamation calling on Te Whiti, " and his adherents," to signify within fourteen days their acceptance of the reserves offered to them by Government, and intimating that their failure to do so would be followed by the withdrawal of that offer, and the forfeiture of all the lands occupied by them, which, it is intimated, " will pass away for ever " from those now living there, including, apparent^, those who under the Proclamation of 1865 retained their interest in the land, or were entitled, under the Act of 1863, to receive compensation for any of it taken, in case of necessity, by the Crown. This Proclamation appears to His Excellency to give expression to a policy which he deems injudicious; to contain statements which are at least disputable; and to intimate an intention which is, in his eyes, inequitable. Had he, therefore, been in the colony, the Governor would have experienced great difficulty in complying with a recommendation to sign such a paper, and would undoubtedly have endeavoured to ascertain whether the responsibility of advising him to refuse to do so would be assumed by any leading member of the Legislature. But he found the recommendation already made, and already acted on before his landing. The Proclamation had been issued, and its contents circulated beyond recall. Whatever might have been the case before the issue of this Proclamation, His Excellency is of opinion that no Government which advised its cancellation and recall, after publication, could have looked for support from the country. Of this he is so confident, that he conceives he would gravely misuse his powers were he to call other Advisers to his counsels, merely to test the correctness of a fact which does not appear to him to admit of question. The Governor is undoubtedly free to refuse assent to the advice of his Ministers, if other Ministers will consent to accept the responsibility of his doing so; and if he has reasonable ground for belief that, in so doing, they will receive the support of the country. But if, (as is the case in this instance,) he sees no such prospect, and consequently abstains from seeking new Advisers, he is constitutionally bound to give effect to the recommendations of those already in office, whatever his own opinion as to the morality or justice of the measures suggested by them. That obligation, the Governor, —during such time as he may retain his post, —intends scrupulously to futfil, deeming its discharge essential to the proper performance of the duties of his office, and not considering it to imply any personal approval of the policy to which he may be compelled to accord a formal assent. What moral responsibility is involved in the voluntary retention of such an office, after the conditions on which it is held are full}- recognized, is another question, and one on which it is unnecessary in this place to touch. November 3, 1881. A.H.G.

No. 9. His Excellency Sir A. H. Goeuok to the Seceetaet of State for the Colonies. My Loed, — Government House, Wellington, 4th November, 1881. I have the honor to enclose, in continuation of my despatch of the 22nd ultimo, some further articles which have appeared in the Lyltelton Times, on the subject of the recent Proclamation. 2. The press of the colony generally loudly applauds the action of the Government. 1 will forward by an early opportunity a collection of articles in this sense, which will, I think, fairly represent the average public opinion of the colony. I have, &c, The Right Hon. the Earl of Kimberley, &c. Aethue Gobdon. [The enclosures are ten extracts from the Lyttelton Times].

No. 10. His Excellency Sir A. H. Goedon to the Seceetaet of State for the Colonies. CNo. 73.) Mx Loed, — Government House, New Zealand, sth November, 1881. In my Despatch No. 71, of the 20th ultimo, I had the honor to enclose, for your Lordship's information, the copy of a Proclamation issued by Sir James Prendergast, calling on Te Whiti and the Maoris living in the Parihaka District to agree, within fourteen days, to accept the reserves proposed

Formally enclosing Proclamation

Formally acknowledged by Lord Eimberlcv, Dec. 20th.

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for them by the Government, and intimating that if they did not do so the lands they occupy will " pass away from them for ever." 2. It was not expected that this summons would be complied with, and the Government has been busily employed during the past fortnight in despatching companies of Volunteers to the West Coast to reinforce the Armed Constabulary already stationed there. For this movement not even my formal approval was required; but I was advised to issue a Proclamation calling out certain Volunteer corps for active service, which would have the effect of placing them under military discipline. It was explained to me, that the forces were for the most part already gone, and that the Ministers possessed, and meant to exercise, the power to move and employ bodies of local troops without any reference, of even a formal character, to myself. As it was manifestly desirable that the forces, if called out, should be under military discipline, I had no hesitation in signing this Proclamation, of which a copy is enclosed. A similar Proclamation was a few days subsequently issued in regard to some additional corps. 3. This morning Parihaka was occupied by the colonial forces, without the slightest resistance on the part of the Maoris, and I have just learned by telegram that Te Whiti and others have been arrested, though on what charge I am not aware —probably that of making use of seditious language on the 17th September. 4. The gravity of these events is so considerable, that I prefer to reserve all comment on them for a special report, to be more carefully prepared than is possible before the departure of the outgoing mail. I have, &c., The Secretary of State for the Colonies, &c. Aethue Goedon. P.S.—I have just learnt from Mr. Hall that Te Whiti and Tohu have been arrested on the charge of using seditious language. The third man, Hiroki, is charged with a murder committed by him in 1877, and a warrant has long been out against him. —A. H. G.

Gazette, Nos. 89 & 96.

No. 11. His Excellency Sir A. H. Gobdon to the Secbetaey of State for the Colonies. (No. 74.) Mi Loeb, — Government House, New Zealand, sth November, 1881. I have the honor to enclose, for your Lordship's information, the copy of a telegram conveying the report of a speech delivered by Te Whiti a few days before the occupation of Parihaka by the colonial forces. I have, &c., The Eight Hon. the Secretary of State for the Colonies, &c. A. Goedon.

Enclosure.. Hon. J. Hall, "Wellington. Pungarehu, Ist November, 1881. Pollowtng is report of Te Whiti's speech to-day : "My word to the tribe. I will cut up my basket of bread for this assembly, and the dogs shall eat of the crumbs. This is for our striving during the past. This day was appointed to complete the work for all time. I prayed for you for many years. Satan desires to sift you as wheat. There are two roads, one to life and one to death. God said, in the days of Noah, the earth will be destroyed; build an ark, or all will perish. Noah did as he was commanded, and this was an example for us to follow. God said to Lot, depart from the city; leave your houses and goods, for he who turns back shall die, and the city shall be burnt. This is an example for us to follow. God said to Moses, do not strive against me, or you will die; by faith only can this tribe be saved. This also is an example to us. Our salvation to-day is stoutheartedness and patience. Do not think I have anything to conceal from you. The dark works we did formerly belong to a past time. "We are all blind now. We thought we saw, but did not, and some one else is the director for these days. There is nothing to fear this day. Although we strain every nerve we cannot escape by flight; nor can a man escape by following the evil inclinations of his heart. Tou must believe in my teaching, or you will die. There are many days for repentance. He who seeks life shall die, and he who seeks death shall live. Let us all remain here at Parihaka, which came from heaven, and none shall be taken. lam talking of the present, not of the future. Do not think I am fighting against men, but rather against the devil and all wickedness, that he may be destroyed. Let us not use carnal weapons. Listen. Do not let us seek that which is lost—not look back to what is left. This is a day of teaching to this assembly of what shall guide us in future. The ark by which we are to be saved to-day is stout-heartedness, and flight is death. Let this sink into the ears of all, even the children. There is to be nothing about fighting to-day, but the glorification of God, and peace on the land. Many generations wished to see this day; but we, a blind, small, and a despised people, have been chosen and glorified this day. God listened to Satan of old, and we should hear Him to-day. Obey God, and glorify Him ; do not be distracted by the shouting, laughing, and gathering together. We were told formerly to fight, but not against men. My gun of to-day is not my gun of former years. Ail fighting is now to cease. Do not follow your own desires, lest God's sword fall upon you. Forbearance is our ark of safety to-day. In the past you have been scattered, but the scattering is over. As Moses explained to his people, so I now explain to you. I have only to exhort you to patience and moderation ; there is no one else to direct us to the truth. Listen. Things ordained for us this year will not be apportioned to-day ; let there be no anxiety in your minds. Tohu has nothing new to say to-day ; we shall continue as we are. Let those who go in darkness continue, and those who are in the light remain there. The canoe by which we are to be saved is forbearance. It has been prepared by Tohu during past months and years, and is now launched, and will bear us safely through all tempests. It will save us all. The land we spoke of is the old land; but if we choose a new land we shall be saved. To-day we are assembled to be sifted as wheat. God will not be pleased with fighting, but with praising His name. Be forbearing to the utmost against all temptations. The day is closing; it is not as _f the sun was rising. What need is there for Tohu to

3—A. 4.

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speak to you to-day, when we are all agreed? The land has been a cause of strife from time immemorial. Satan opposed Noah, Lot, and Moses, and is here also. In those days he took some men, and in these days he will have some, and Tohu some. If we take a new standing-place we shall be saved, even though millions rise against us. There is no cause for apprehension to this assembly. Think only of one thing —forbearance. I will speak of the new land of which Tohu spoke. Live on it; seek no other. Put both your hands and your feet on the new land, and stand in the ark of patience. No man, woman, or child shall say I only have not seen or heard. All will hear and see. Lightning is not seen from one place only, but from everywhere. Let us stand on the new land. What matter to us what happens ;we have our ark, as Noah of old. I now say come into the ark. Now is the glory of peace upon the land. Let us wait for the end ; there is nothing else for us. Let us rest quietly upon the land. I have one word to say in addition : The young people have hitherto had their way; but to-day they must only sit down and look on." Tohu then rose and said: " Tou heard what was said at the two previous meetings about carrying on the quarrel. Those words are now changed ;we have nothing to say to-day but glory to God and peace upon earth. The quarrel is now centred in you, it will not be removed to-day. I will tie your hands and feet; none of you shall be food for guns or swords. We have two lands now —the one both people are living on, and the new one. I will not scatter you now. Our place was foretold, which is Parihaka. We cannot be overcome if we remain here, but would perish if we fled. I would sacrifice myself to the gun to save you. lam rejoiced that the strong and their hosts are coming. Let the Government come and bring their quarrel with them to be settled here. I will not say to them stop, but allow them to do as they choose, and will not restrain them. The ten and twenties will stand up before the big guns which are being dragged here. I fear not the fighting, even as spoken of at the September meeting, but it was only ended there by you. No attention was paid to the five hundred people then living at Pungarehu. They were not brave then, only guarding the redoubt; but now all the sea and the land is shaken, even the fish in the sea tremble. The south wind is bringing men from all parts, and the big guns are being brought by those who formerly watched the redoubt lest we should kill them, which was right on their part, as my sword has had no rest against evil, but it was derided by the people. At Waitara the fighting came upon the earth, which had been foretold. The quarrel will not touch you, lam the victim. We shall not be given to death, God will not permit it. Had he desired it, it would have taken place when we provoked them by fencing. I shall place no weapons in your hands. You were imprisoned for ploughing and fencing, but there is no imprisonment for what we are now doing. I will not take you away from death or from the mouth of the guns; I will thrust you into the mouth of the guns and on the point of the sword. I will not save you or give you any means of escape. If any warlike man among you ask me what is to be done I will not answer him, nor let the right hand or left hand do their accustomed work. I have no place to hide you except in this marae, and we cannot be overcome if united. Those who flee from the guns will fall by them. If you are overwhelmed in this day be patient, and if you have faith and say go back they will go." Te Whiti continued : " All I have to say is, let us be patient. Abel was caught like a pig, and so were the prophets, apostles, and the prisoners. Why should I talk about fighting or gods ? My hands are tied, and this gathering will be carried away like potatoes. If any man thinks of his gun or his horse, and goes to fetch it, he will die by it. All shall be saved who turn to the new land and ark Tohu has made. By forbearance alone shall we be saved. I will not talk about the pakanga to-day, that was discussed in September; but place your trust in forbearance and peace. The south wind knows whence it cometh and whither it goeth ; let the booted feet come when they like, the land shall remain firm for ever." J. Betce.

No. 12. His Excellency Sir A. H. Goedon to the Seceetaet of State for the Colonies. Wellington, November 5. Parihaka occupied by colonial forces this morning. They met with no resistance, nor was any offered to the arrest of Te Whiti and others.

No. 13. The Seceetaet of State for the Colonies to His Excellency Sir A. H. Goedon. Sib, — Downing Street, 14th November, 1881. I have the honor to acknowledge the receipt of your telegraphic message of the sth instant, reporting the arrest of Te Whiti and the occupation of Parihaka by the colonial forces. I have also received your further telegram of the 10th instant, from which I have learned with much satisfaction that it is believed that the danger has passed of hostilities arising between the colonists and the Native population. I have, &c, GoTernor the Hon. Sir A. H. Gordon, G.C.M.G., &c. Kimbeelet.

No. 14. His Excellency Sir A. H. Goedon to the Seceetaet of State for the Colonies. Mt Lobd, — Government House, Wellington, 2nd December, 1881. I have the honor to enclose for your Lordship's information, the usual monthly summary of news published this day by the New Zealand Times, the series of leading articles in which will convey to your Lordship a fair idea of the opinions of the great majority of the colonists with regard to Native affairs. The collection of further articles in this sense, already promised by me, will be forwarded to your Lordship by an early opportunity.

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2. I also have the honor to enclose some extracts from the Lyttelton Times, in continuation of those already forwarded by me to your Lordship with reference to the same subject. I have, &c, The Eight Hon. the Earl of Kimberley, &c. Aethue Goedon. [The enclosures are eighteen extracts, principally telegrams, from the New Zealand Times, and nine extracts from the Lyttelton Times, several letters to the Editor being included.]

No 15. His Excellency Sir A. H. Goedon to the Seceetaet of State for the Colonies. (No. 78.) Mt Loed, — Government House, New Zealand, 3rd December, 1881. In my Despatch No. 73, of the sth ultimo, I had the honor very hastily to inform your Lordship of the events which had that day taken place at Parihaka. 2. I have now the honor to enclose copies of official telegrams and reports of newspaper correspondents, which give a full and detailed account of the proceedings which accompanied the arrest of Te Whiti on the sth November, and the subsequent course of events upon the West Coast. 3. I may say, shortly, that about 1,500 men, women, and children have been arrested, without difficulty or resistance; that the settlement of Parihaka has been completely broken up; that the Maori population, not only at Parihaka and its neighbourhood, but over a district at least sixty miles in length, have been deprived of all firearms; that Te Whiti and his deputy, Tohu, have been committed for trial on a charge of sedition; and that the old chief Titokowaru has been called upon to find sureties to keep the peace, and has been imprisoned in default of procuring them. 4. The enclosures I now forward are bulky, but on the whole I have thought it better to furnish, it may be, a superabundance of details rather than a meagre and deficient narrative. So large a mass of matter may, however, repel a reader; but I venture to recommend to your Lordship's particular attention the accounts of the occupation of Parihaka and the reports of the proceedings against Te Whiti and Titokowaru, before the Magistrate's Court. The speeches made in Court by Te Whiti and Tohu are interesting, and the letters at pages 74 and 78 well merit perusal. 5. I should perhaps add that the action taken by the Government undoubtedly meets with the entire approval of the great majority of the people of the colony. I have, &c, The Eight Hon. the Secretary of State for the Colonies, &c. Aethiie Goedon. [The enclosures comprise nineteen official telegrams, dated from 26th October to 22nd November, and numerous extracts from the Lyttelton Times. As printed in the Imperial Blue Book, they extend from page 224 to page 265.]

See No. 10.

No. 16. His Excellency Sir A. H. Goedon to the Seceetaet of State for the Colonies. Mt Loed, — Government House, Wellington, 3rd December, 1881. Tour Lordship will probably observe that in the last paragraph of Mr. Eolleston's memorandum, enclosed in my Despatch No. 79, of this day's date, it is stated that Te Whiti is possessed with an idea that the Imperial Government will interfere in his favour, and that this notion has contributed largely to a postponement of a settlement of existing difficulties. In my memorandum of the Bth ultimo, of which I have the honor to enclose a copy, I have requested an explanation of this statement, but I have up to this time received no reply. I have, &c, The Eight Hon. the Secretary of State for the Colonies, &c. Aethue Goedon.

See Enclosure to No. 6.

(Enclosure.) The last paragraph but one of Mr. Eolleston's memorandum of the 24th ultimo contains the statement that the mind of Te Whiti is possessed with a view "that the Imperial Government will interfere in his favour —a notion which no doubt has contributed largely to a postponement of existing difficulties." The Governor has read this statement with surprise, as in the very large number of reports of speeches made by Te Whiti, and of meetings and conversations with him, which His Excellency has perused, he has never perceived the slightest indication of the existence of any such view, and requests that he may be furnished with the evidence upon which this opinion has been formed. Government House, Wellington, Bth November, 1881. A. H. G.

No. 17. The Pbemiee to His Excellency Sir A. H. Goedon. Memorandum for His Excellency. The Premier presents his respectful compliments to the Governor; and has the honor to forward herewith a memorandum prepared by Mr. Eolleston, in compliance with His Excellency's request, in his memorandum November Bth. Wellington, December 13th, 1881. J. Hail.

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(Enclosure.) Memorandum:. His Excellency, in his memorandum of November Bth, requests that he may be furnished with the evidence, upon which the opinion has been formed, which is contained in the last paragraph of my memorandum of the 2-__th October, iv the following words: " The mind of Te Whiti is possessed with the view that the Imperial Government will interfere in his favour, a notion which no doubt has contributed largely to a postponement of the settlement of existing difficulties." In reply, I have to state that, while I held the office of Native Minister, I had, from time to time, received such assurances, from persons in whose statements I had confidence, as convinced me of the accuracy of the opinion I had formed. These assurances were for the most part verbal. The following extract from a telegram from Mr. Parris, dated Pungarehu, July 7th, 1881, gives an example of what I believe to have been a general feeling among the Maoris at Parihaka: —•" A Parihaka Native, Pounui, talking about the fencing, said the New Zealand Parliament confiscated the land, but the English Parliament disallowed it, and that the Governor was going to give it back." Tohu, in his speech of September 17th, 1881, said, " A stranger shall take care of us;" and Te Whiti, in conversations which have been repeated to me, has compared the position of the Maoris to that of Turkey, as calling for the intervention of the English Government in defence of a weaker people. I regret that, through my absence in Canterbury, the reply to His Excellency's question should have been delayed so long. Wellington, 13th December, 1881. Wm. Eolleston.

No. 18. His Excellency Sir A. H. Gobdon to the Seceetaet of State for the Colonies. (No. 2.) My Lord, —■ Government House, New Zealand, 2nd January, 1882. T have the honor to enclose the reply made by Mr. Eolleston to the question asked in my memorandum of the Bth November, a copy of which was enclosed in my Despatch No. 80, of the 3rd ultimo, and in which I requested to be informed on what evidence it was asserted that Te Whiti's course was prompted by an expectation of support from the Imperial Government. 2. The foundation for the allegation appears to be the oral statements of certain anonymous persons in whom Mr. Eolleston has confidence, no mention of which had previously been made to me. 3. The only other evidence is that of a telegram, which would appear to point less to an anticipation of help from the Imperial Government than from the Imperial Parliament. I have, &c, The Eight Hon. the Secretary of State for the Colonies, &c. Aethub Gobdon.

No. 19. His Excellency Sir A. H. Gobdon to the Seceetaet of State for the Colonies. (No. 79.) My Lobd, — Government House, Wellington, 3rd December, 1881. In my Despatch, No. 73 of the sth November, I had the honor to inform your Lordship that Parihaka, Te Whiti's village, had that day been occupied by a force of Constabulary and Volunteers, and that Te Whiti himself had been arrested without the slightest resistance. 2. Tour Lordship will no doubt expect from me a full report of the circumstances which have led to events which will probably have caused your Lordship some surprise, as from previous communications your Lordship must have been induced to anticipate that the questions at issue on the west coast of the North Island would be satisfactorily settled without a resort to measures of such a character. 3. With the main features of these disputes your Lordship is already acquainted. 4. Tou are aware that it is, on the one hand, contended that all the lands, declared in 1865 to be "available for settlement" on the West Coast, under the Act of 1863, are absolutely at the disposal of the Crown; that the Natives dwelling upon them are, and have been for the last sixteen years, only trespassers; that, although loyal Natives were, under the provisions of the Act of 1863, entitled to compensation, their land itself was equally confiscated with that of rebels; and that any claims to the favourable consideration of the Crown which the West Coast Natives may at one time have possessed have been forfeited by their opposition to the wishes of the Government, and by their disregard of the arrangements made for the allotment of lands to them. 5. On the other hand, it is argued that the Proclamation of 1865 expressly excepted the lands of loyal Natives from its operation, and that some delicate legal questions present themselves in connection with the action of the Crown and its present powerjs under that Proclamation. It is, moreover ur^ed that the action of successive Governments has constituted a bar to the enforcement now of the confiscation; that Te Whiti and the West Coast Natives have on many grounds a strong claim to sympathy and consideration: and that the harsh enforcement of the rights of the Crown, supposing them to exist, is inequitable, and likely to be dangerous. 6. Of these widely-differing views an overwhelming majority of the colonists hold the former, which is also that advocated by almost the whole of the New Zealand Press. The minority, however, though small, contains among its ranks persons whose intellectual capacity, experience of New Zealand, and intimate knowledge of the subject in discussion, give to that minority a weight disproportionate to its numerical strength.

See No. 10.

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7. Lor my own part, the more attentively I study the West Coast question, and the better I become acquainted with its history, the more cause do I perceive for doubt as to the soundness of the popular view. 8. The terms of the Proclamation of the 2nd September, 1865, are not free from ambiguity; but, even if it be assumed that they imply all that is contended by those who assert the absolute confiseacation to the Crown of every acre of land within the limits named therein,—an assumption which I by no means share,—it may still be urged with great force that, as regards a large portion of this territory, the rights acquired by the Crown under the Proclamation have long been abandoned. 9. It admits of no dispute that Natives, not excluding many who had borne arms against the Crown, have, without molestation, retained or resumed possession of much of the confiscated lands ; and that such occupation has not only been tacitly sanctioned, but has received formal recognition by the purchase of portions of the land, and the acceptance by the Crown of regular transfers from the Native owners as its proprietors. The Parihaka lands themselves (on which Te Whiti and some others who had taken no part in rebellion have lived uninterruptedly from a period anterior to 1865) are in a portion of the confiscated territory in which all white settlement was forbidden by Government, while Natives who had left the district on account of their participation in the war were encouraged to return to it. 10. It would appear, therefore, that, whatever technical claims the Crown, owing to the fact that the Proclamation of 1865 had never been recalled or modified, might continue in a strictly legal sense to possess, the moral and equitable right to revive and enforce such claims, to the injury of the Native occupants, had passed away, long before the Government of Sir George Grey, in 1878, determined to undertake the survey of the Waimate Plains, with a view to their sale to settlers. 11. Ever since I have possessed any real information on the subject, I have considered the right of the Crown to dispose absolutely of these lands to be questionable, and the position of the Government, consequently, a somewhat false one. 12. For the decision to enforce these claims, however, my present Advisers are not responsible, and it has appeared to me that they sincerely desired a conciliatory settlement of differences with the Natives, and were anxious to avoid a resort to violent measures for bringing to an end existing disputes. The Eoyal Commission appointed on their advice had recognized the existence of grave grounds of complaint on the part of the Natives, and had recommended the grant to them of large blocks of land. To these recommendations the Government had readily assented. So long, therefore, as an amicable adjustment of differences was probable, it did not appear to me necessary or desirable to inquire too curiously into the questions which they involved. If a settlement satisfactory to both parties were arrived at, it was more than useless to ask what were the strict rights of either. 13. The apparent acquiescence of the Natives in the allotment to them of the reserves made in the Waimate Plains, according to the recommendation of the Eoyal Commissioners, seemed to condone any injury which they might be considered to have suffered, and to afford a fairly satisfactory settlement of a very troublesome question. 14. The Eoyal Commissioners also recommended the reserve of a large block of land for the Parihaka Natives. Their recommendation was adopted by the Government, but I saw cause to apprehend that difficulties would probably arise if the land lying between Parihaka and the sea (and with which Sir G. Grey's Government did not intend to meddle) were not also left with those who had for many years exercised exclusive control over it. It was, however, thought that it would be sufficient to reserve only a few sections, upon which cultivation either actually existed at the time of survey, or had existed shortly before. The rest of the block on the seaward side of the new road was advertised for sale, and partially sold. 15. Difficulties, in fact, soon arose. The Natives, who had been accustomed to cultivate at will on any part of the land, continued to clear and plant on different sites, sometimes, apparently, in ignorance whether they were, or were not, within the limits of sections advertised for sale, or actually sold; and sometimes, no doubt, as a denial of the right of the Crown to enforce in 1881 the confiscation of 1865. 16. Still, up to the time of my departure from Wellington to Fiji, upon the 9th September, it was thought probable that everything would be quietly arranged; and that, although Te Whiti and his followers would not openly or formally Consent to accept the reserves assigned to them, they would, in the end, tacitly acquiesce in the arrangements made. 17. Unfortunately, however, soon after I had sailed events occurred which induced the Government to resort to more active measures, and finally led to the recall to office of Mr. Bryce, and the issue by the Administrator of the Government, an hour or two before my return to Wellington, of a Proclamation calling on Te Whiti "and his adherents" to signify within fourteen days their acceptance of the reserves offered to them by Government, and intimating that their failure to do so would be followed by the withdrawal of that offer, and the forfeiture of all the lands occupied by them, which, it is intimated, "will pass away for ever" from those now living there, including, apparently, those who, under the Proclamation of 1865, retained their interest in the land, or were entitled, under the Act of 1863, to receive compensation for any of it taken, in case of necessity, by the Crown. 18. The nature of these occurrences is set forth by the late Minister for Native Affairs, Mr. Eolleston, in a memorandum of which I have the honor to enclose a copy. I gather from this memorandum that the circumstances which called forth the action of the Government were, more particularly, the following:— (1.) Interference on the part of the Natives with wood-cutting upon land occupied by them, but claimed by the Crown, and the removal by the Natives of the wood already cut, from a dray where it had been placed by the Constabulary. (2.) The large increase in the number of the men engaged in fencing on the disputed land, and the apprehension that they would resist arrest if an attempt were made to take them prisoners, in the same manner in which arrests had been made in 1880. (3.) A speech made by Te Whiti, some expressions of which "conveyed an impression" that he intended to encourage his followers to resort to violence in defence of their pretensions.

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See Enclosure ta No. 6.

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(4.) Some drunken threats of the old chief Titokowaru. (5.) The unsuccessful termination of an interview between Mr. Eolleston and To Whiti, at which Te "Whiti declined to assist or take any part in the division of the land. 19. I do not include in this list the trespass mentioned by Mr. Eolleston as having been committed on the 19th October on land sold to Mr. Fleming by the Crown, for it is clear that, when it took place, the Proclamation of that same day's date must have been already prepared, if not in type. 20. There appears to me to be nothing very novel in these occurrences, all of which might be more or less closely paralleled by events which had taken place within the previous twelve months. I fail therefore to see any adequate explanation in Mr. Eolleston's memorandum of the sudden decision of the Government, or proof of the urgency which rendered it necessary to act in the absence of the Governor, whose impending return it would have been at least courteous to await if immediate action were not imperatively required. 21. But if I assume, with Mr. Rolleston, that the Natives " were trespassing in an illegal manner" on the land, and that it had become necessary to show " that the statute law of the colony must be " observed," I should not the less have deprecated a resort to force. If the law has been broken, it is to the law that recourse should be had in the first instance to redress the wrong, and it is only when that has proved itself inefficient to do so that the employment of military aid is permissible. There is strong reason to belive that in directing the ploughing operations of 1879, and possibly the fencing of 1880, Te Whiti, though he probably went beyond the instructions he received, acted under legal advice, and with a view to compel the institution of a prosecution on the part of the Crown against himself and other Native occupants of the land. If he was, indeed, a trespasser on the land, liable at any moment to expulsion, it certainly appears to me that it would have been desirable that legal proceedings should have been taken against him, and the question at issue decided by the highest and most impartial tribunal before which it could be brought. Against such a proceeding nothing could be said : but the employment of military force, the arbitrary arrest of hundreds of persons, the confiscation of private personal property, the destruction of dwellings and cultivations, and other measures for which an Act of Indemnity may not impossibly be required, appear to me unhappy methods of teaching that " the statute law of the colony must take its course." 22. Moreover, on grounds of policy, I should have regarded the object to be gained not such as to justify the risk run. It is obvious that it was in the highest degree probable that the attempt to " disperse" the Parihaka Natives would involve serious loss of life. Had this been the case, it is my decided conviction that it must in no long time have led to a general Native war throughout the colony. That this result has been avoided is true ; but that it has been so avoided, and that it has been found possible to arrest some 1,500 persons without resistance, is due to the forbearance shown by Te Whiti himself, and to his influence over the minds of his followers. On this we had no right to count, nor does it diminish the responsibility of those who advised a step which was so far more likely to have had a very different ending. 23. Had I therefore been in the colony, I should have experienced a great difficulty in complying with a recommendation to sign a Proclamation which appears to me to embody an injudicious policy; to contain disputable statements ; and to announce an inequitable intention: and I should undoubtedly have endeavoured to ascertain whether the responsibility of advising me to refuse to do so would be assumed by any leading member of the Legislature. 24. But I found the recommendation already made, and already acted on, before my landing. The Proclamation had been issued, and its contents circulated beyond recall. 25. Whatever might have been the case before the issue of this Proclamation, I am of opiniop_ that no Government which advised its cancellation and recall, after publication, could have looked for support from the country. Of this lam so confident that I conceive I should gravely misuse my powers were I to call other Advisers to my counsels, merely to test the correctness of a fact which does not appear to me to admit of question. 26. The Governor is undoubtedly free to refuse assent to the advice of his Ministers, if other Ministers will consent to accept the responsibility of his doing so, and if he has reasonable ground for belief that, in so doing, they will receive the support of Parliament. But if (as is the case in this instance) he sees no such prospect, and consequently abstains from seeking new Advisers, he is constitutionally bound to give effect to the recommendations of those already in office, whatever his own opinion as to the morality or justice of the measures suggested by them. 27. I have, therefore, felt it my duty to acquiesce in the course initiated by Ministers during my absence, and to assent without demur to the recommendations made by .them in order to carry out the |.olicy they have adopted. But, at the same time, it is only right that I should inform your Lordship that my personal views do not concur with those of my Advisers, and that I perform what I deem to be a constitutional duty in opposition to my own wishes, and contrary to my own judgment. 28. In another despatch I have informed your Lordship of the proceedings subsequent to the occupation of Parihaka. I have, &c, Aethue Gobdon.

No. 20. His Excellency Sir A. H. Goedon to the Seceetaey of State for the Colonies. (No. 81.) My Loed, — Christchurch, New Zealand, 28th December, 1881. When I addressed to your Lordship my Despatch No. 43, of the 16th July, I was desirous, as far as possible, to avoid further controversy with my Advisers on the subject to which it refers. I still am so : but, as I learn that it is the intention of Ministers, on the reassembling of the local Legislature, to publish my despatch and Mr. Hall's memorandum, it is only right, if not indeed almost necessary, that I should place on record my reasons for considering, as stated in my Despatch No. 43, that, except as regarded a few comparatively unimportant points, the memorandum of Mr. Hall afforded no cause for the withdrawal, modification, or alteration of any part of my despatch of the 26th February.

See A.-8, 1882. No. 9.

See A.-8,1882, No. 3.

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2. Before doing so, I may observe that Mr. Hall's memorandum, while criticising many of its details, does not substitute any different general narrative of the events in question for that which my despatch supplied ; and, when dealing with a long series of complicated transactions, it is, after all, rather the general impression to be deduced from the narrative as a whole which is of importance, than the minute accuracy of subsidiary details. 3. Some errors in those details have undoubtedly been corrected by Mr. Hall's memorandum, and to them I will in the first place advert. 4s. In describing, for the sake of brevity, as a memorandum by Sir Donald McLean, a memorandum which in point of fact was one by Mr. Cooper, the Under-Secretary for Native Affairs, approved by Sir D. McLean, I was, no doubt, strictly speaking, inaccurate. Substantially I was not so. I conceive that in any case when a Minister approves the minute of his Under-Secretary he must be held to adopt the statements it contains ; and in this particular instance the Eoyal Commissioners have pointed out that "it must not be supposed that the statement so approved was an accident or a mere slip of the " pen. The words were interlined in the Under-Secretary's minute, and could not have escaped the " Minister's attention."—[Second Eeport, p. xvii.] 5. There is, however, a real error in the eleventh paragraph of my despatch. Sir George Grey's words, as Mr. Hall correctly points out, apply no doubt only to the land between the Taongatara and Stoney Eiver ; and the oversight committed in the composition of the despatch, though easily explained, involves a decided misstatement. The fact is that my attention was at the moment concentrated on the Parihaka district, the whole of which is comprised in the tract which Sir George Grey's Government intended to restore. 6. The omission of a few important words in the twelfth paragraph of my despatch gives an erroneous construction to it, and causes an obscurity which Mr. Hall is quite justified in noticing. The passage should run thus: " purchased from the Natives, and money also paid them for the extinction "of rights to the north of the Waingongoro, —an apparent recognition of their title." So completed, the sentence becomes quite intelligible, and is quite correct. I. have already had the honor to request that the necessary alteration might be made in the copy of the despatch in your Lordship's office. 7. But in some other cases, the supposition that I have made erroneous statements seems to be due to the fact that the writer of the memorandum has failed to appreciate the exact weight of the words used by me, and which were not carelessly chosen. For example, the wide difference between Jiesitation in entering upon a course, and a refusal to enter upon it at all, seems to have been overlooked in the tenth paragraph of the memorandum. In another place, too, Mr. Hall states that Ministers are " not prepared to agree " with me in an opinion which I have nowhere expressed, or, as I believe, implied. The allegation, too, in paragraph eleven, that "inaccuracies " are contained in the twentyfirst paragraph of my despatch, turns out on inquiry to be chiefly based on an erroneous supposition on the part of the Ministers themselves. 8. In other places Mr. Hall proceeds to demolish structures which he has himself raised, not I. But, without further reference to this, I will now proceed to note, in their order, such points in his memorandum as appear to call for remark from me. 9. In the fourth paragraph of the memorandum, Mr. Hall says that the minute to which I refer in the eleventh paragraph of my despatch " is stated to show that it was generally understood, as well as " intended by Sir D. McLean, that the confiscation had been abandoned." Mr. Hall does not quite correctly represent either the nature of my reference to the minute in question, or the statement in support of which I have referred to it. I have nowhere asserted that the confiscation was formally or absolutely abandoned :on the contrary, I have distinctly said that it was not so.* Nor have I expressed any opinion as to the intentions of Sir Donald McLean. lam not indisposed to believe that they are correctly represented by the Eoyal Commissioners, though I should myself have hesitated to employ the terms used by them, apparently without consciousness of the imputation they convey.f But Sir D, McLean's intentions are foreign to my argument, and the greater part of the paragraph of Mr. Hall's memorandum, which professes to explain them, is altogether superfluous. My belief that the confiscation north of the Waingongoro was virtually and practically abandoned, and was generally understood to be so, was not based on so narrow a foundation as the minute approved by Sir D. McLean, which is only important as showing the view taken within the Native Office itself, and is only referred to by me for that purpose. The conclusion that the confiscation had been practically abandoned is founded, not on that minute, but on speeches of Ministers, —debates in Parliament, —the action of the officers of the Lands Department, —the payments made to Native owners for their interest in land, the transfers accepted by the Crown from them, their habitual exercise of the rights of ownership, —and a great mass of various testimony. I entirely agree with the Eoyal Commissioners that "it " would be hard for any impartial observer to deny that the whole course of events during the year " 1872, the debates in Parliament, and the declarations of the leaders of both parties, united to justify " the Natives who had returned to the country north of the Waingongoro in believing that they would " not again be dispossessed " [Second Eeport, p. xxii.], or, in other words, that the confiscation of that district had been practically abandoned. Whether any communication to this effect was ever made to the Natives is, however, much more doubtful, and I have expressed myself with great reserve on this point. Wi Parata, who was himself a member of the Executive Council, explicitly states that he did make such an announcement on behalf of the Government, and believed that he was authorized by his colleagues to do so; but, on the other hand, there is strong reason to believe that the Maoris were aware that the claims of the Crown had not been formally surrendered. But neither has any final surrender taken place of land admittedly restored to the Natives. The large blocks on either side of

* " The confiscation was never formally removed." — Dtsp. No. 11, of 26th February, §12. " They [the Natives] were aware that no "formal abandonment of the confiscation had taken place." — Id., §13. " That as regards the district between the Waingongoro and Stoney River the confiscation had for ten years been *' practically abandoned is a patent fact, but it had not technically been so." — Id., §53. f " He would not abandon the confiscation, but neither would he enforce it," —"he yielded a tacit consent to their reoccupation " of the district, "and bided his time."— Second Report, pp. xvii., xviii.

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Parihaka, which were undoubtedly given back to the Natives after the war, and which it was never intended to retain, are still technically in the hands of the Crown, and arguments drawn from that fact to defend the appropriation of land, might be equally invoked to justify the retention of land the restoration of which was practically eifected sixteen years ago, has ever since been recognized, and to the technical confirmation of which the faith, of the Crown has for that period been pledged. 10. In the fifteenth paragraph of my despatch I have quoted and adopted the opinion of the Royal Commissioners, that " the Natives had every reason to believe that the land would be sold " without any reserves being made for them."' —[Second Report, p. xxx.] To this Mr. Hall replies that it was not reserves that Te Whiti required, as he laid claim to all the land between Stoney River and the Waingongoro. I am quite aware of the extent of Te Whiti's claims, but he is by no means the first person who has sought to improve a bargain by putting forward claims more extravagant than the terms which he is prepared to accept. It is, of course, simply a matter of opinion, but in my judgment the Royal Commissioners are perfectly correct in their conclusion that Te Whiti "was " prepared to see existing difficulties solved by a division of the land" —[Second Report, p. xxx.] ; nor is there, I think, any evidence that he ever expected his claims to be admitted to their full extent, but rather the reverse. Moreover, my observation, (like that of the Royal Commissioners), refers not only to Te Whiti and his immediate following, but to all the Natives in the district, who were by this uncertainty rendered more accessible to Te "Whiti's influence than they might otherwise have been. 11. The assertion to which reference is made in the fifth paragraph of the memorandum is not mine, but that of Sir George Grey, who was at that time Prime Minister, nor can an authoritative statement from such a source be regarded as unimportant. I have given it in his own words, and have not only taken care to guard myself from unreserved personal adoption of the statement, but have distinctly intimated that the corresponding telegram from Colonel Whitmore, then Colonial Secretary, cannot be accepted as wholly accurate. Sir George Grey's assertion is, no doubt, based on a telegram addressed to him on the previous day by Major Brown, then Civil Commissioner in the district, which is in the following words : " Ploughing was going on on Mr. Courtney's land when the settlers passed, coming into " town this forenoon. No further Native movement. Courtney's land was confiscated, and given to a " military settler, Pitcairn. No. 5, Oakura Block, formerly belonged to rebel and friendly Natives : the " latter signed an agreement accepting over 1,250 acres in the block as compensation for their former " claims, and 3.600 of the Kaitoki and Patuhai Ranges. No titles have been signed for any of the " land." 12. The whole history of this Oakura Block is curious. According to published records the Judges of the Compensation Court "arrived at the unavoidable conclusion that the Natives were " entitled to 7,400 acres of good land in the block, while the whole of the available land except 2,500 " acres had been appropriated to military settlers. The question then arose, ' What were we to do ?' " What they did was to communicate with the Government and adjourn for ten days, during which time the agreement between the Government and claimants, so often mentioned, was come to, into the terms of which the Court " did not think it its duty to inquire," but which appears to have given to the Natives about half the acreage to which the Court, had it proceeded to deliver judgment, would " have found it unavoidable "to declare them entitled. This deed, of which I enclose a copy, is of the vaguest possible description. It does not specify any particular lands at all, except by reference to an oral understanding riot repeated in it. It cannot, in my opinion, be regarded as a title or a deed conveying a definite parcel of land, and in no way contradicts Major Brown's assertion that no titles have been signed for any of this land. But, —it is said, —Crown grants have been prepared for portions of this land. This is true ; but on inquiry it turns out that they were so prepared in 1880—that is to say, twelve months after the date of Major Brown's telegram. It appears to me, however, not improbable that the apparently discordant assertions of the late and the present Premier as to the nature of this agreement, and the mode of its fulfilment, will be found to be not wholly irreconcilable. On the one hand, the fact that the Natives have been in occupation is regarded as proof that the land has been duly made over to them: on the other, the absence of any formal conveyance or legal titles is insisted on, and the occupation regarded as an occupation more or less on sufferance, because not under any legal safeguard. 13. The observations contained in the ninth paragraph of the memorandum simply express a difference of opinion perhaps not unnatural. I see no reason to alter anything in what I have written.. 14. As I have already observed, Mr. Hall, in the tenth paragraph of his memorandum, fails to distinguish between hesitation and refusal. That Sir George Grey did hesitate to arm the settlers, and yet more to embody them for service, is a matter of notoriety, and is not in any wdy denied by himself. No one who has read the various communications which passed at the time can doubt this. His language was pronounced by a public meeting of settlers to be "altogether unsatisfactory," and the debates of the autumn session of 1879 show that the slowness of the Government to act was made a cause of reproach in Parliament. It was the existence of these strictures which induced me, in the desire to do justice to the past as well as to the present Administration, to observe that, in my judgment, such hesitation was, in the circumstances, neither unnatural nor improper. There is, moreover, a strong distinction between the mere enrolment of Volunteers, or even the organization of an armed force under the direct control of the Government, and the indiscriminate arming and independent action of the population apparently desired in the first instance by the settlers. The words used by me, as to the risks which would have been involved in compliance with the demands made on Government, are almost identically those of an eye-witness, whose testimony Mr. Hall could not treat with disrespect. 15. The assertion made in the eleventh paragraph of the memorandum that my statement with regard to the first arrests of the Maori ploughmen, made in 1879, was inaccurate, naturally led to an inquiry on my part in what respect it was so. I then found that my Advisers supposed me to have alleged that the arrests made on the 30th June took place on Mr. Livingstone's estate, whereas they really took place on that of a Mr. Courtney. But no statement that the arrests took place at Livingstone's will be found in my despatch. I was perfectly well acquainted with all the circumstances of the arrests, and could not have possibly made such a mistake. In writing, however, to your Lordship,

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it was quite unnecessary to assign the exact locality where the arrest was effected : the event—not the name of the owner of the property on which it took place—was what was important. But my account is also said to be inaccurate because, as it is alleged, the arrests on the 30th were not the first arrests made. I was as well aware as the writer of the memorandum that Major Brown had on the 26th telegraphed as follows : " Some of the party insisted on arresting the four Natives against whom there " were warrants. As this was done against my known orders, I have directed the cavalry covering- " party to take them from the mob and escort them across the river;" but I certainly did not, and do not, regard such unauthorized arrests, immediately abandoned, to be arrests at all, and considered the first true arrests to have been those made of the seventeen ploughmen on the 30th June by the Armed Constabulary. It appears, however, that one man was arrested at Opunake on the previous day. That cavil should be raised on such points, and that efi'orts so very strained should be requisite in order to give a semblance of inaccuracy to my narrative, is valuable testimony to its general faithfulness and truth. 16. I have read with regret the thirteenth paragraph of the memorandum. The statement that " there were no growing crops in the fields when the road was laid off " in the month of June is, no doubt, literally true. But the same might, I believe, be said of the condition at the same time of many other fields in the colony which a few months later were bearing crops of wheat. Wheat is more usually sown in New Zealand before than after the middle of June, but it is frequently delayed till August or September. I learn from the best agricultural authorities that more than two-thirds of the wheat raised is usually sown at the earlier period, and the remainder at the later date. The fact, therefore, that it did not form a " growing crop " on the 16th June is no proof of the absence of an intention to continue the use of the field. I repeat the words already used and carefully chosen by me :It was a " fenced field in the occupation of the Maoris " through which the road was taken. That it was intended to plant the field with wheat, the evidence I think clearly proves ; that on the 28th June it already contained a growing crop, Colonel Roberts's telegram of that date makes plain ; while the requests for a gate, and that the sides of the road should be fenced off, would seem to show that there was, at all events in the first instance, no desire to oppose the construction of a road, and that danger to crops was a real as well as an alleged cause of the obstruction ultimately offered, though probably not the only one. The fact that all contest ceased when slip-rails, which interfered in no way with the use of the road but protected the field, were put up, would appear to afford proof of this. 17. The account, given in the forty-third paragraph of my despatch, of the communications between Colonel Roberts, the Native Minister, and the Natives, is, no doubt, " incomplete." Mr. Hall is well aware why it is so, and that a large number of telegrams, including those from Mr. Bryce to Colonel Roberts, on this subject, were not submitted to me until after the despatch was written. But, though incomplete, it is in no respect inaccurate, which is, it appears to me, more than can be said of the statement in the memorandum that Colonel Roberts subsequently "fenced off" from the field a part of the road. The road was never so "fenced off" as to protect any part of the field from the entrance of animals passing along the road. Colonel Roberts was directed to take up the short pieces of fencing placed by the Natives across the road, and place them at the sides of it between the road and the field. How any one could suppose that a device so futile could effect anything but an increase of irritation on the part of the owners of the wheat, I am, I own, at a loss to imagine. 18. It is difficult to believe that Mr. Hall is serious when he states,in the fourteenth paragraph of the memorandum, that " The reason why nothing was done" (by the Government in the way of fencing) " was that the Natives did not return, as they had promised to do." If it was right that the sides of the road, where it passed through the field, should bo fenced by those making the road, or if it only be admitted that it was politic that they should be so, it did not become less right or less politic because the Natives did not, on a morning so wet and tempestuous that Colonel Roberts reports that no work could be. done by the Armed Constabulary, fulfil their promise to return to hear the answer to the message sent at their request. Moreover, it was not on one occasion only that opportunities of arrangement were neglected. 19. The fencing of the sides of the road in the first instance would probably have obviated all trouble; but, even if it had not done so, what an advantage would have been gained by the Government by the clear proof, if obstruction to the road were subsequently continued, that it was indeed obstruction to the making of the road which was the object of the proceeding ! This at present is at least doubtful, and appears improbable, not only to me, but to very many of those most competent to judge. 20. In the fifteenth paragraph of the memorandum Mr. Hall states that " Ministers cannot agree " that the arrest of men in connection with the fencing was, in the circumstances, unnecessary." Where have I made the statement with which Ministers " cannot agree " ? It will not be found in any part of my despatch. On the contrary, while I lament what appear to me the blunders which led to the misunderstanding, I have expressed no opinion on the subject of the arrest of the fencers, and have distinctly stated that, in resorting to the Legislature for exceptional powers, the Government in my opinion adopted the best course open to it in the circumstances then actually existing. I should certainly have preferred to see the points raised by the claim to the land on the part of the Natives, and the alleged invalidity or lapse of the confiscation, settled by judicial investigation, rather than by the strong hand of authority; but as to the possibility of such a course I have, until lately, formed no opinion, nor, until now, have I given expression to the preference I entertain. 21. I cannot at all agree with many of the opinions expressed in the eighteenth paragraph of the memorandum ; but into mere differences of opinion I do not think it necessary to enter. Such differences are, as I have observed in my memorandum in reply to Mr. Hall, inevitable, when an interested actor in events and an impartial bystander mutually express the views which they have formed. I have, of course, in many instances stated my conclusions without detailing all the steps by which I had arrived at them,—a process which would have drawn out my already bulky report to a length wholly intolerable. lam quite satisfied that they are not without foundation, and, if called on by your Lordship, lam ready and willing to state the arguments by which they may be supported. I

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■spill only add, with regard to this paragraph, that the statement that the Natives " obstructed the " formation of roads, the construction of a telegraph, and the erection of a lighthouse," is likely to be naisunderstood, if by "obstruction" is understood more than passive objection,—excepting, of course, in the case of the removal of the surveyors from the Waimate Plains, so often mentioned. Onreceiving Mr. Hall's memorandum, I requested to be furnished with particulars of the obstructions in question, and Mr. Parris was directed to report upon them. That report contains the following paragraph : " There was no active opposition until the year 1880" [i.e., the year of the fencing], "for the simple " reason that no works were undertaken in that district, excepting the road which was made from " Stoney Eiver to Ikapura, and the erection of the telegraph from Stoney Eiver to about two and a " half miles south of it, which works were undertaken with the consent of the Natives themselves, " many of them being employed on the roadwork as contractors and labourers." 22. I did not profess to give a full history of Te Whiti, of whom it is complained, in the twentieth paragraph, that my account is incomplete. The statements made respecting him in that paragraph, though they may be in the main correct, seem to me to exhibit less appreciation of the peculiarities of Native modes of thought and expression than I should have anticipated from such a source: nor is it unamusing to perceive that, while threats of " shooting down " Native trespassers are, in the mouths of settlers, " but a choleric word," Te Whiti's impatient exclamations that he " did not care' for the " Parliament at Wellington," &c, are deemed "flat blasphemy." But in any general estimate of Te Whiti's character and career, the salient points should never be overlooked, that he has with unvarying consistency, for a long course of years, advocated peace and non-resistance ; that morally aud materially he has benefited those for whom he has worked; and that his main offence has been, I believe disclosed by Mr. B>yce *, —viz., that he is opposed to the passing of land from Native into European hands. That he is so, there can he no doubt; but this is not unnatural, nor indeed from his point of view can I pronounce him wrong : for that the alienation of their land, the introduction among them of public houses, hitherto proscribed—and the cessation of regular industry, hitherto exacted of them —will produce injurious effects on the Maoris of Parihaka, cannot be doubted. 23. The first sentenco of the twenty-first paragraph of the memorandum affords another instance of the want of careful appreciation of the force of words employed by me. I have nowhere said of the Settlers generally that they urged the adoption of measures imperilling the peace of the country. What I have said, and what I repeat, is that such measures " wefe, doubtless with the best intenA tions, pressed on the Government in certain, quarters." I refer to such suggestions as are more than once rebuked in Colonel Whitmore's telegrams ; —to the desired expulsion of all Natives, loyal or disloyal, from the County of Patea ; —to the Hon. Major Atkinson's speech at Haweraf; —to tho mode in which it was recommended that the Government should meet a present of food made by Te Whiti to Colonel Eoberts ; —and other like suggestions. As the instance last mentioned is both curious in itself, and probably contains the germ of the policy afterwards advocated by Mr. Bryce, I enclose a copy of the telegram forwarded to him by Colonel Eoberts, and containing the advice given to that officer by Mr. Thompson, Government Interpreter, with regard to the acceptance of Te Whiti's present. 24. As Mr. Hall observes in the twenty-second paragraph of the memorandum, the release of the Maori prisoners rendered it unnecessary to discuss the course which it might otherwise have been requisite .0 pursue with respect to them. To employ his own words, "I will not entertain a doubt" that he and his colleagues would have perceived the obvious impropriety of straining the powers of an expiring A.et of Parliament, without previously obtaining the opinion of the Legislature, when in session, with respect to the necessity of doing so. I have, &<_., The Eight Hon. the Secretary of State for the Colonies. Aethue H. Goedon.

Enclosure 1 in No. 20. m Copy of Deed or Agbeement signed by 58 Natives in 1856. " We have agreed with W. Atkinson, the Crown Agent, that certain lands are to be given us for our ipterest aj Oakura, to abandon all claims over the whole of that land. We ask the Court not to proceed to judgment for this block, as we entirely agree to the terms offered us by W. Atkinson. We have had the boundaries explained to us, and agree to them." " For ourselves, and those whose names are in our list."

Enclosure 2 in No. 20. Copy of Telegram, Colonel Roberts to Mr. Bbyce, 24th February, 1880. " The following is Mr. Thomson's opinion of the present made to me yesterday : ' The fact of the presents being made this morning by Te Whiti and Tohu to yourself, is a marked recognizing of yourself as the leader of the Europeans. The former gift was from the Natives to you and the Europeans. To-day, Te Whiti, Tohu, and yourself alone were, mentioned. The matter was debated at Parihaka this month. I have no doubt that the proper course to pursue is, for the Constabulary to go to Parihaka and demand Te Whiti's meaning in creating this disturbance. Demand it as a soldier able to punish rebels. I have consulted chiefs who were here this morning, and I have no doubt that I am right. Tou will go there to fight, and no fighting will ensue, and the whole problem be solved. The present was not sent to you as an individual, but as the chief of the Constabulary.'"

* In his speech returning thanks for his election for Wait-otara, on the 2nd instant, where he dwells on the fact that the Natives of the West Coast were " hostile to settlement in the larger sense, —hostile to the actual settlement of land." t In which he is reported (Taranaki Herald, June 7, 1879) to have expressed a hope that the Maoris would be " exterminated."

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No. 21. The Peemieb to His Excellency Sir A. H. Gobdon, Memorandum for His Excellency. The Governor's Advisers have had under their very careful consideration, the question whether it is advisable that His Excellency's despatches and other papers, relative to Native Affairs oH the West Coast, should be presented to Parliament. 2. In conversation with His Excellency on the subject, the Premier stated the willingness of Ministers to publish such papers, or not to do so, in accordance with His Excellency's desire; and as His Excellency expressed a preference for the former course, publication was resolved upon. 3. But, at that time, neither the despatch dated Wellington, December 3rd, nor that bearing date Christchurch, December 28th, had been entered in the official book which was sent to the Premier that he might direct as to the preparation of a paper relative to the West Coast. As to the forme? despatch, some Ministers had not seen it, while others had seen a draft, or copy, of it, which had been inadvertently shown to them by the late Premier, Sir John Hall. As to the despatch of December 28th, no one of the late or the present Ministers was aware of its contents. Neither despatch had been officially communicated to the present or the former Ministry. 4.. The communication of the two despatches to the Premier on the 25th instant, necessitated that Ministers should reconsider the question as to publishing the papers ; because, as Ministers understand, His Excellency wishes that the whole of his despatches should be included, if any of them are. 5. Ministers have now come to the conclusion that the present publication of the whole of the despatches would be prejudicial to the public interest; and that it is, therefore, their duty to advise — as they now respectfully do —that publication should be withheld, at all events for a time. 6. In each of the despatches specially referred to, there are statements which would require notice on the part of Ministers. To comment upon such statements would probably lead to controversy, which, in the opinion of Ministers, would serve no good purpose, and which they desire to avoid. Wellington, May 27, 1882. Peed. Whitakeb.

No. 22. The Peemiee to His Excellency Sir A. H. Goebon". Memorandum for His Excellency. Ministees present their respectful compliments to His Excellency the Governor. 2. Having very fully and carefully considered the question whether it is for the public interest that the despatches, memoranda, and other papers, now in print, with respect to Native Affairs on the West Coast —excepting the two memoranda dated 19th and 20th October, and the despatch of 3rd December, 1881—should be published, Ministers have come to the conclusion that it is their duty very respectfully to advise His Excellency that such publication should not take place. 3. As His Excellency desires that all or none of the documents in question should be published, the approval as to presentation to Parliament of the portion submitted to His Excellency on May 31st, is returned herewith. Wellington, June 6, 1882. Peed. Whitaker.

No. 23. His Excellency Sir A. H. Gobdon to the Peemiek. Memorandum for the Premier. The Governor has received Mr. Whitaker's memorandum of this day's date. Mr. Whitaker is wholly mistaken in supposing that His Excellency desires that " all or none " of the papers in question should be published. He desires, undoubtedly, that the despatch of December 2S should accompany the memorandum to which it is a reply, but ho much prefers that the papers the publication of which was sanctioned on the 31st ultimo should take place alone, rather than that there should be no publication at all; and, when he assented to the advice to present those papers to Parliament, it was in the belief that his reply would not be so presented. His Excellency consequently returns the order of the 31st ultimo, and requests that the presentation therein referred to may take place as originally intended. Government House, Wellington, 6th June, 1882. A H. G.

A.-4,, 1886;

No. 24. The Peemiee to His Excellency Sir A. 11. Goedon. Memorandum for His Excellency. Ministees present their respectful compliments to His Excellency the Governor. 2. Ministers fully recognize that, in presenting the Governor's despatches to Parliament, it is net incumbent on them to defend the statements made or the views expressed in those documents; but Ministers are responsible for the policy or propriety of the presentation, and for the consequences that ensue. 3. Having regard to this responsibility, Ministers have carefully and anxiously reconsidered the question whether it is advisable that any papers relating to West Coast Native affairs should be presented to Parliament, and have come to the conclusion that no advantage could possibly result from, such presentation, while, on the other hand, they foresee probable serious detriment therefrom to the public interest,

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_.. The grounds on which this conclusion is come to are, — (1.) Native affairs have too often been a subject of party warfare, and public injury has thus been caused; but the present House of Representatives has wisely eliminated party feeling, and treated Native affairs on their merits. (2.) No one in the House has called for any of the papers in question ; nor, so far as Ministers are aware, is there any intention of doing so, members being probably unwilling to disturb the feeling that exists. (3.) Presentation of the papers would probably resuscitate party feeling and lead to acrimonious debates, thus disturbing the good feeling that prevails, and operating injuriously on the future conduct of Native affairs. (L) Ministers would be placed in the very unpleasant and anomalous position of having hostilely to comment on the Governor's despatches, and to condemn the injurious effect which Ministers believe has been produced in the Native mind, by the attitude the Crown has taken in reference to Native affairs. 5. Ministers therefore advise that none of the papers should be published; and they trust that His Excellency will appreciate their motives, and will consider the reasons given as justifying the advice now tendered. Eeed. Whitakee. Wellington, June 8, 1882.

No. 25. His Excellency Sir A. H. Goedon to Mifistees. Memorandum for Ministers. The Governor has received and read Mr. Whitaker's memorandum of this day's date. The first remark on its contents that occurs to His Excellency is, that, as the reasons alleged for the non-publication of papers on the subject of West Coast Native affairs must have been as strong on the 31st of last month (when he was advised to direct the communication of a portion of them to both Houses of the Legislature) as they are to-day, he cannot but feel some surprise, either that such advice should have then been given, or that it should be now withdrawn. Those reasons do not, however, appear to His Excellency to have altogether the force which Ministers attach to them. He cannot conceive that, if the House of Representatives be disposed to regard Native questions without reference to party feelings, those feelings would be revived by the publication of authentic documents with respect to the questions which it has been called on to consider; and that no one in either House has yet asked for these papers, is undoubtedly in a great measure due to the fact that their presentation, sooner or later, has been regarded as a matter of course. One other reason is assigned by Ministers for the advice they now tender —the necessity which the publication of these despatches would create for adverse comment by them on the Governor's despatches. It appears to the Governor-that all necessity for such comment is removed by withholding from publication His Excellency's despatches of the 3rd and 28th December, as agreed between himself and Mr. Whitaker; but, even were this not so, the Governor cannot think that the fact of different views being entertained and recorded by His Excellency and his Advisers is in itself a sufficient cause for not submitting to the Legislature papers with which it may reasonably expect to be furnished. Eor the publication of similar documents in such circumstances, there is abundant precedent, while that the duty of commenting on His Excellency's despatches, however unpleasant, is one from the performance of which the members of the existing Administration have by no means shrunk, these j:>apers themselves plainly show. Up to the present time, however, it had not occurred to His Excellency that such criticism need be conducted in a " hostile " spirit, or make it necessary for his Advisers to assume an attitude of " hostility " towards the Representative of the Crown. Of the grave charge that the attitude of the Crown has produced injurious effects in the Native mind, His Excellency will in this place only observe, that it makes him far more desirous than before that the papers in question should be published, and, indeed, gives him some right to demand, as an act of justice to the Crown and to himself, that they should be so. If the charge refers not to any proceeding of the Imperial Government, but to himself as the Representative of the Crown in this colony, His Excellency must remind Mr. Whitaker that he has never acted except in accordance with the advice of his Ministers, and has never refused to act when and as advised by them. His attitude has at all times been one of acquiescence in the course dictated by Ministers. If that attitude in their opinion indeed produced injurious effects, it was their duty to point this out to him and procure its change; nor is it now open to His Excellency's Responsible Advisers to censure or to challenge an " attitude" which during the past eighteen months they have not made the object of remonstrance or remark. The papers, which have lately been the subject of discussion, consist of three parts. The first— which contains the report of the Governor, the comments on it of the Ministers, and some other papers of less importance —was on the 31st ultimo ordered by His Excellency, on the advice of the Premier, to be laid before Parliament. The second comprises the Proclamation of the 19th October, together with the papers explanatory of its issue, and some subsequent correspondence between His Excellency and. the Ministers with reference to it. The third consists of two despatches from His Excellency, the one explaining his course in assenting to the action of the Government, and the other replying to the statements contained in Mr. Hall's memorandum of the 15th June, 1881. As regards the second of this series of papers, the Governor must observe that there are few legislative bodies which, before granting indemnity for past transactions, and adopting measures to restrict the liberty of particular individuals, would not have demanded full explanation, and the production of documentary evidence showing the necessity for the acts indemnified in the one case, and for setting aside the jurisdiction of the ordinary Courts of Justice in the other; and that there

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are probably few Governments which would not have hastened to anticipate such a demand, by placing before Parliament the materials on which to form a judgment as to their conduct. But Ministers are responsible for the advice they tender, and His Excellency has no difficulty in acceding to their recommendation, although he deeply regrets it. In like manner, although he could certainly desire that his two despatches of the 3rd and 28th December should be laid before Parliament, he without hesitation accepts the advice tendered to him with respect to them. But with regard to the first set of papers the case is different. The Governor's order has been more than a week given, and it appears to him that he has now neither the power nor the right to recall it. On his signing the order, the members of both Houses became at once entitled to the documents to which it related, and the mere fact that those whose duty it was to carry that order into effect have neglected to do so does not affect the question. His Excellency, therefore, while he acquiesces in the decision of the Government to present no further papers to Parliament on the subject of the West Coast Native affairs, is unable to recall those papers, the presentation of which has already been directed by him, in accordance with the advice of Ministers. A. H. G. Government House, Wellington, Bth June, 1882.

No. 26. The Peemiee to His Excellency Sir A. H. Goedon. Memorandum for His Excellency. The Premier presents his respectful compliments to the Governor. 2. Ministers have been anxious to avoid all grounds for a controversy with His Excellency ; and they regret that the despatch of December 28th, 1881, necessitates some reply on their part. 3. Ministers do not propose to enter generally into the subject of that despatch, as they feel that the interest it formerly possessed has now, for the most part, passed away, in consequence of the complete change that has taken place in the state of affairs with reference to which it was written; but there are two or three points which they cannot permit to pass without notice. 4. This despatch came upon Ministers altogether by surprise. It was written to place upon record His Excellency's " reasons for considering that, except as regarded a few comparatively unimportant " points, the memorandum of Mr. Hall afforded no cause for the withdrawal, modification, or altera- " tion "of any part of His Excellency's despatch of 26th Eebruary, 1881. Ministers were under the impression that the correspondence on that subject had closed nearly twelve months before, and that all important documents connected therewith had been communicated to them. The papers relating to the subject of which Ministers were cognizant, had been put into type, for presentation to Parliament, when a copy of the despatch of the 28th December was forwarded, by His Excellency's direction, to be printed and presented at the same time; and it was then that Ministers first became aware that any such document was in existence. 5. Ministers do not desire to raise any question whether, strictly speaking, His Excellency was right or wrong in the course adopted ; but they respectfully desire to record their conviction, that such a course is very perplexing, and calculated to impair the relations that ought to exist between a Governor and his Responsible Advisers. 6. It appears from the sixth paragraph of the despatch of December 28th, that His Excellency has requested that an addition should be made to his despatch of the 26th Eebruary, 1881—by direction of the Secretary of State, after the document was received by him —by the insertion of the words, " and money also paid them for the extinction of rights to the north of Waingongoro." Ministers think that they have a right to take exception to alterations being made, without their knowledge, in a document which had been communicated to them, and to which they had replied : the more especially as the insertion is, in this instance, a material one, and is calculated, as they believe, to convey erroneous impressions. Eeed. Whitakee. Wellington, 10th June, 1882. _r.—l^C-tt-— - 1--!-r~-: ■-; T i-.-.—*..— .. .■ ■ yl__ ,;■;._;:. -.fij J£ZZ# T^ZSSOtSSB

Sub-enclosure to Enclosure in No. 38.

See No. 20.

No. 27. His Excellency Sir A. H. Goedon to Mihtstees. Memorandum for Ministers. The Governor has to acknowledge the receipt of Mr. Whitaker's memorandum of this day's date, and recognizes with pleasure the desire of Ministers to avoid the prolongation of controversy on points with respect to which he and they entertain dissimilar opinions. That desire His Excellency fully shares, nor does he deem it necessary that he should reply at any length to Mr. Whitaker's memorandum. On two of its paragraphs, however, he feels compelled briefly to comment. The statements made in the fourth paragraph, with respect to His Excellency's despatch No. 81, of the 28th December, 1881, are, he believes, strictly accurate; but he apprehends that they would probably convey somewhat erroneous impressions to persons unacquainted with all the facts of the case. With the exception of two paragraphs subsequently added, and a few sentences here and there slightly changed, the Governor's despatch No. 81, of the 28th December, was written in the month of June, 1881, and originally constituted his despatch No. 43, of the 16th July, 1881, commenting on the contents of Mr. Hall's memorandum of the 15th June. In that form it was communicated to Mr, Hall,

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in July last. Both the Governor and Mr. Hall wished to avoid controversy, and it was agreed that, as the publication of the correspondence was deferred, this despatch should be withdrawn, and the despatch actually appearing in the papers now printed as No. 43 substituted for it. Towards the end of last year, the Governor informed Mr. Hall that circumstances, the nature of which he at the time explained, would probably render it necessary for him to place on record the comments he had already made on the memorandum of the 15th June. That the despatch in its present form was not earlier communicated to Ministers, is mainly due to the fact that, up to the time of Mr. Hall's resignation, no decision had been arrived at whether it should be regarded as a public or confidential document. The Governor must demur to the restrictions which, in the sixth paragraph of the memorandum, Mr. Whitaker appears inclined to impose upon the correction of clerical errors in the Governor's correspondence with the Secretary of State. Such errors (and they occur from time to time in the despatches of every Governor) it is His Excellency's duty at once to correct, when brought to his notice. In this case, the words wanting were supplied the moment attention was called to their absence, and the paragraph in the despatch of 28th December, on which Mr. Whitaker comments, stands word for word as it did when communicated to Mr. Hall in July, 1881. Government House, Wellington, 10th June, 1882. A. H. G.

No. 28. His Excellency Sir A. H. Gordon to Ministers. Memorandum for Ministers. The Governor has learnt with pleasure from Mr. Whitaker, that he proposes to substitute for the fourth paragraph of his memorandum of the Bth instant, the following words, as more accurately expressing that which Ministers desired to say : — " (4.) Ministers would be placed in the very unpleasant and anomalous position of having " hostilely to criticize the Governor's despatches, and to comment on the injurious effect which they " believe the authoritative publication of His Excellency's views on Native affairs would produce on " the Native mind."* His Excellency assents with pleasure to the substitution of these words, and in these circumstances feels it unnecessary to add any further remarks on Mr. Whitaker's memorandum of the Bth instant. A. H. G. Government House, Wellington, 13th June, 1882.

No. 29. Ministees to His Excellency Sir A. H. Goedon. Memorandum for His Excellency. Ministees present their respectful compliments to the Governor. 2. Ministers have the honour to acknowledge the receipt, on the 15th instant, of His Excellency's memoranda dated the Bth, 10th, and 13th June, in one envelope. 3. Ministers beg respectfully to point out, that the correction proposed to be made in their memorandum of the Bth June was communicated to His Excellency in the hope that it would have saved His Excellency the trouble of preparing his lengthened reply to what they desired should be withdrawn. 4. Ministers also beg to say a few words upon two points in His Excellency's memorandum (of the Bth June) containing that reply : — (1.) They respectfully express their dissent from His Excellency's view, that the publication of authentic documents would not revive party feeling. It appears to Ministers that it depends on the contents of documents, rather than on their authenticity, whether or not party feeling would be revived by their publication. (2.) Under ordinary circumstances, His Excellency might be quite correct in not thinking " that " the fact of different views being entertained and recorded by His Excellency and his Advisers is in " itself a sufficient cause for not submitting to the Legislature papers with which it may reasonably " expect to be furnished;" but it appears to Ministers that His Excellency does not sufficiently appreciate the special circumstances of New Zealand, and the serious consequences which might follow from the Native mind becoming impressed with the idea that, because of the views held by His Excellency —the Representative of the Crown—some assistance might yet be received from the Imperial Government in the differences between the Colonial Government and themselves. 5. Ministers do not feel it necessary to make any observation on His Excellency's memorandum, dated 13th June, further than to express their great regret that any cause of controversy should have arisen between themselves and His Excellency, and their satisfaction that its prolongation has ceased to be necessary. 6. As the memorandum of the 10th has, however, special reference to Sir John Hall, Ministers have submitted it for his perusal. Eeed. Whitakee. Wellington, June 17, 1882.

* This paragraph was substituted for paragraph 4 in Mr. Whitaker's memo, of the Bth of June, in consequence of a personal communication between the Gtovernor and Mr. Whitaker,

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No. 30. His Excellency Sir A. H. Goedon to Ministees. Memorandum for Ministers. The Governor has received Mr. Whitaker's memorandum of the 17th instant. The Governor must remind Mr."Whitaker, that His Excellency's own memorandum of the Bth instant had been written, and had been read by His Excellency to Mr. Whitaker, before any alteration was made in the fourth paragraph of Mr. Whitaker's memorandum of that date, and that consequently no "trouble" as regards the composition of his own memorandum could be thereby saved to His Excellency. But the Governor by no means considers the alteration useless, as it has relieved him from the necessity of making those further remarks on that portion of Mr. Whitaker's memorandum, which he might otherwise have deemed to be required. His Excellency approves of the communication of his memorandum of the Bth [10th] instant to Sir John Hall. Government House, Wellington, 19th June, 1882. . A. H. G.

No. 31. Sir John Hall to the Peemiee. Memorandum for His Excellency. The Premier respectfully forwards to tho Governor the enclosed memorandum by Sir John Hall, to whom, as Mr. Whitaker has already had the honour of explaining, His Excellency's memorandum of the 10th instant was submitted, because of its references to the knowledge which, as Premier at the time, Sir John Hall had of the substance, &c, of Despatch No. 81, of the 28th December. Wellington, June 20, 1882. Feed. Whitakee.

Enclosure. Sib John Hall begs to return to the Premier the Governor's memorandum of the 10th instant, which was forwarded to him by Mr. Whitaker for such remarks as he might think necessary : that course being no doubt taken because of His Excellency's references to Sir John Hall's knowledge, in substance, of the contents of a despatch dated 28th December last. 2. The impressions remaining on Sir John Hall's memory as to the circumstances with which his name is connected, agree substantially with the statements in the memorandum : but it may be desirable he should state the facts as they occur to him. 3. In August last, His Excellency showed to Sir John Hall a draft despatch, commenting on his memorandum of 15th June. He read the draft in the Governor's office, and returned it to His Excellency, stating that, in his opinion, it would necessitate reply from Ministers, and would probably provoke considerable controversy. After further thought upon the matter, in his own office, he felt it his duty to write to the Governor, that the despatch appeared to him to be one of a class which it was expedient should be communicated to Ministers, so that they might have the opportunity of making observations before the documents were forwarded to the Secretary of State. This was on the 13th August. Sir John Hall understands His Excellency to have an impression that the draft was taken away from his office ; but Sir John Hall is confident this was not the case. He was under the impression that he had consulted one of his colleagues on the subject of this despatch, but he finds that he did not do so. A few days after the 13th August, His Excellency informed Sir John Hall that he had decided to cancel the greater part of the draft, since it appeared likely to cause controversy; and His Excellency showed to him the despatch as altered, and now printed as No. 43. 4. During February last, while in Auckland, Sir John Hall learned by a letter from the Governor, ■ that he had felt constrained to make further remarks upon the June memorandum. His Excellency informs Sir John Hall that his intention to make these remarks was mentioned during a conversation in Christchurch about the end of December. Sir John Hall is not prepared to dispute this, but he has no recollection of the statement. Until he received Mr. AVhitaker's note and the Governor's memorandum of the 10th instant, Sir John Hall was not aware that the remarks referred to in February had any immediate connection with the draft shown to him in August, or that the draft had substantially been reproduced as a despatch dated 28th December. 5. That despatch, which he has now read, contains some expressions which Sir John Hall does not recollect in the original draft, but as he only read the draft once, it is not possible for him to speak positively on the point. Having understood that the draft had been canceled, he dismissed the matter from his mind, and did not at all recur to it until he received the memorandum of the 10th instant. Wellington, June 20, 1882. John Hall.

See A.-8, 1882, No. 9.

No. 32. Major Atkinson to His Excellency Sir A. H. Goedon. Memorandum for His Excellency. The Premier presents his respectful compliments to the Governor, and forwards to His Excellency a memorandum by Major Atkinson, upon portions of His Excellency's despatch to the Colonial Office, dated the 28th December, 1881. Feed. Whitakee. Wellington, June 10, 1882.

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Enclosure. Majoe Atkinson presents his compliments to the Governor; and desires respectfully to call His Excellency's attention to the 23rd paragraph of the despatch, numbered 81, and addressed to the Secretary of State for the Colonies on the 28th December last. 2. In that paragraph, His Excellency, replying to a memorandum by the late Premier, states —" I " have nowhere said of the settlers generally, that they urged the adoption of measures imperilling the " peace of the country. What I have said, and what I repeat, is that such measures were, doubtless " with the best intentions, pressed on the Government in certain quarters. I refer to such suggestions " as are more than once rebuked in Colonel Whitmore's telegrams ; to the desired expulsion of all " Natives, loyal and disloyal, from the County of Patea ; to the Hon. Major Atkinson's speech at " Hawera ; to the mode in which it was recommended that the Government should meet a present of " food made by Te Whiti to Colonel Roberts ; and other like suggestions." The appended note is as follows : —" In which he is reported (Taranalci Herald, June 7, 1879) to " have expressed a hope that the Maoris would be ' exterminated.' " 3. This despatch was written nearly six months ago ; but Major Atkinson did not see it until the 3rd instant. 4. Major Atkinson denies, emphatically and unequivocally, that he ever used the expression attributed to him, or any similar expression, or any expression conveying the same or a like meaning; and he declares that he never harboured the thought which any such language would be suited to convey. 5. The account published by the Herald appears to have been telegraphed from Hawera to New Plymouth. It is of the briefest kind, not purporting to be a report of what was said. The paragraph from which the quotation was made by His Excellency reads thus: —■ " Major Atkinson was present and addressed the meeting. He said he did not know of the meeting " until his arrival at Stratford. He informed the meeting of the result of the interview with the " Ministers. He thought all settlers willing to take arms should have Snider rifles. Settlers should " only protect their own settlements. He had telegraphed for Sniders to be given to the Okato and " Normanby Volunteers. The Government would send some to Okato, but he could not say whether " they would have enough for Normanby. He recommended, as the settlers were persons who suffered, " they should keep an eye upon the Government. He hoped, if war did come, the Natives would be " exterminated, and throw the responsibility upon the Government, and bring matters to a speedy con- " elusion." 6. Major Atkinson deeply regrets that an account of such a kind should have been accepted by His Excellency as sufficient authority for making, against one who at the time was a Minister of the Crown, and in almost daily intercourse with His Excellency, the very grave charge of hoping that the Maoris would be "exterminated." A single question, not involving an hour's delay, would have obtained for His Excellency the assurance that the account was certainly erroneous in all that related to the statement in question. 7. The meeting at Hawera was one of a series. Major Atkinson spoke at Inglewood on the sth June, at Hawera on the 6th, and at Patea on the 7th. A brief account of the first meeting was published in the number of the Taranalci Herald quoted by His Excellency; of the last, there was an account in the Patea Mail of the 11th. Major Atkinson's objects in attending the meetings were, as the accounts mentioned sufficiently show, to prevent, as far as possible, alarm or excitement on the part of the settlers ; and to ensure that whatever they might do, because of attack or aggression by Maoris, should be done by direction and under the control of the constituted authorities. 8. The resolutions adopted by the Hawera meeting evidence the spirit in which the business of that meeting was conducted. They were included in the Herald's account, as follows: — " (1.) That this meeting is of opinion that the attention of the Government be drawn to the " unprotected condition of the settlement and the towns of Hawera and Normanby, and to the absence " of organization enabling settlers to act together for the defence of their homes, in the case of " disturbance. " (2.) That the meeting is aware that the Natives are prepared, should impulse lead them, to make " a raid upon the settlements, and fear that, although the first acts of trespass were committed at New " Plymouth, they may only be a ruse to avert the protection from centres of population nearest the " Native settlements, from which attack might be made on this district. " (3.) This meeting is of opinion that, if the unlawful act committed at Tapuae and Opunake are " not dealt with by the Government with promptitude and determination, it will be so repeated as to " result in actual collision between the races. " (4.) This meeting desires to assure the Government that the question is not regarded as one " of party, but of colonial concern, and is willing to co-operate and render the Government all the " assistance in its power. " (5.) That this meeting is of opinion that immediate steps should be taken, without doing " anything to provoke collision, to arm and organize the settlers, in order to resist any attack made " upon them. " (6.) This meeting is of opinion that a force of men should immediately be sent to the district, " sufficient to prevent aggression. " (7.) That a Committee be appointed to communicate with the Government in any matter arising " in the towns or neighbourhood requiring attention in connection with the defence of the district. " (8.) That the Government be urged to issue Snider rifles instead of Enfield rifles." 9. Major Atkinson requests that His Excellency will be pleased to send to the Secretary of State for the Colonies, at the earliest opportunity, a copy of this memorandum. Wellington, 10th June, 1882. H. A. Atkinson.

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No. 83. His Excellency Sir A. H. Gobdojt to the Pbemiee. Memorandum for Ministers. The Governor has received Mr. Whitaker's memorandum of the 10th instant, giving cover to one written by Major Atkinson, a copy of which, as requested by that gentleman, will be at once forwarded by His Excellency to the Secretary of State for the Colonies. The Governor of course accepts Major Atkinson's disclaimer of the use of the particular word attributed to him ; but reference to Major Atkinson's speeches, both in and out of Parliament, during the last few years, will, His Excellency thinks, fully account for the impression that, like others who equally with himself deprecated the commencement of a conflict with the Natives, he would, in the event of its occurrence, "have forgotten that there was such a word as forbearance." Major Atkinson's memorandum will probably one day be made public; and, as an erroneous impression might unintentionally be produced by his reference to his " almost daily communication " with the Governor," His Excellency will add that he has only seen Major Atkinson about a dozen times during the past six months, and then usually at formal meetings of Council, at which not a word has been exchanged between them. Major Atkinson no doubt meant to refer to the fact that papers bearing his signature are "almost daily" sent to the Governor to be initialed by His Excellency ; but the words " daily communication " may easily be taken to imply intercourse of a very different character. , A. H. G. Government House, Wellington, 13th June, 1882.

No. 34. His Excellency Sir A. H. Gobdof to the Secbetaet of State for the Colonies. Mt Lobd, — Government House, Wellington, June 15, 1882. In accordance with a request to that effect made by the Hon. Major Atkinson, I have the honour to forward to your Eordship a memorandum written by that gentleman. 2. I, of course, accept Major Atkinson's disclaimer of the use of the particular word attributed to him ; but a reference to his speeches both in and out of Parliament, during the last few years, will fully account for and justify the impression I had formed as to their tone and spirit. 3. I will only add that an erroneous impression might unintentionally be produced by Major Atkinson's reference to his " almost daily communication with the Governor." I have only seen Major Atkinson about a dozen times during the past six months, and then usually at formal meetings of Council, at which not a word has been exchanged between us. Major Atkinson, no doubt, meant to refer to the fact that papers bearing his signature are "almost daily" sent to me to be initialed ; but the words " daily communication " may easily be taken to imply intercourse of a very different character. I have, &c., The Eight Hon. the Earl of Kimberley, &c. Aethue Goedon.

No. 35. Mr. Betcb to His Excellency Sir A. H. Gobdof. Memorandum for His Excellency. The Premier presents his respectful compliments to the Governor; and has the honour to forward to His Excellency a memorandum by Mr. Bryce, respecting portions of the despatch dated December 28 r 1881, and addressed to the Secretary of State for the Colonies. Wellington, June 10, 1882. Eeed. Whitakeb.

Enclosure. Me. Bbtce Las the honour respectfully to address His Excellency upon a subject which is very distasteful to himself, inasmuch as he has to complain of treatment such as, he begs to submit, he ought not to have been subjected to by His Excellency. 2. On more than one occasion, His Excellency has been pleased to include in despatches to the Secretary of State, newspaper extracts attributing certain sentiments to Mr. Bryce as regards the condition and management of Native Affairs on the West Coast of this Island, force being added thereto by His Excellency's endorsement. Mr. Bryce refers more particularly to the newspaper statement respecting his retirement from the Hall Ministry, which was enclosed in a despatch sent from Auckland; and to an extract comprised in the despatch written at Christchurch, and dated the 28th December last. 3. Mr. Bryce was not applied to by or on behalf of His Excellency with a view of ascertaining whether the statements thus conveyed to the Colonial Office were accurate; and he is not aware that anyone could have had reason for concluding that he had authorized what purported to be an explanation why he retired from the late Ministry, or that he had revised the account of the speech referred to in the December despatch. 4. Mr. Bryce submits to His Excellency that no public man ought to have motives attributed to him upon the authority of unverified statements found in newspapers. He further submits that he is justified in protesting against treatment which (in his own view, at least) involves unfairness far exceeding that which is inflicted by the ready acceptance and endorsement of such statements.

6—A. 4.

A,-^-4,

26

5. In the despatch of the 28th December, His Excellency alleged that Mr. Bryce had made a certain disclosure "truly, if incautiously ;" but it appears that an unverified newspaper extract was the sole authority for that allegation. In addition to this, Mr. Bryce is bound to point out to His Excellency that, in making the quotation given as such authority, there has been an omission of part of the sentence as it was printed in the newspaper, and that the omitted part was essential to the true meaning of the whole. 6. In the Wanganui Herald of December 2nd, 1881, the following forms part of the report of the speech by Mr. Bryce, which is cited by His Excellency : —" For a number of years past, there had been " a growing confederation hostile to settlement in the larger sense —hostile to the actual settlement of "the land—to the supremacy of the Queen, and to law and order in the district." In His Excellency's despatch, Mr. Bryce's speech is referred to as one in which "he dwells on the fact that the Natives of " the West Coast were ' hostile to settlement in the larger sense, hostile to the actual settlement "of land."' 7. By the omission of reference to " the supremacy of the Queen," and the maintenance of " law and order," it appears to Mr. Bryce that the despatch must convey to the Secretary of State for the Colonies an impression that what was meant by " settlement in the larger sense," was something founded on that greedy desire for land which has so often, and so wrongfully, been imputed to New Zealand colonists. 8. Such an impression could not have been conveyed had the complete passage from the speech been quoted in the despatch ; and Mr. Bryce feels assured that, because of the omission now pointed out, and for the other reasons stated, His Excellency will recognize that justice requires that a copy of this memorandum should be sent to Lord Kimberley without delay. Wellington, June 10, 1882. John Betce.

No. 36. His Excellency Sir A. H. Goedon to Ministebs. Memorandum for Ministers. The Governor has received Mr. Whitaker's memorandum of the 10th instant, giving cover to one written by Mr. Bryce, a copy of which, in accordance with that gentleman's request, His Excellency will at once forward to the Secretary of State for the Colonies. The Governor cannot admit that, because on one occasion His Excellency transmitted to the Secretary of State, without comment of his own, an article which was " said " to contain Mr. Bryce's explanation of his resignation in January, 1881 —and at another time made a passing reference to a sentence in a speech delivered by him—Mr. Bryce has any ground whatever for his complaint of " treatment such as he ought not to have been subjected to " on the part of the Governor. In transmitting to the Secretary of State an article " said " to contain Mr. Bryce's explanation of the course taken by him—and which in fact assigned reasons for it substantially identical with those which the Premier had informed His Excellency were the grounds of Mr. Bryce's resignation—the Governor only did as all other Governors placed in similar circumstances would have done, and indeed are required to do. The reference made by His Excellency, in his despatch of the 28th December, to a sentence in Mr. Bryce's speech at Waitotara, is not in the slightest degree affected by the other passages quoted by Mr. Bryce from that speech, as qualifying it. They would no doubt have afforded an effective reply to an assumption that opposition to the progress of settlement was the sole offence alleged against Te Whiti; but the despatch itself shews very plainly that His Excellency did not make so foolish an assertion. That but for his opposition to the progress of settlement, Te Whiti's conduct in other respects would have been less unfavourably considered, was and is His Excellency's opinion ; and such being the case, it was his duty not to shrink from its expression in his reports to the Imperial Government. Government House, Wellington, 13th June, 1882. A. H. G.

No. 37. His Excellency Sir A. H. Goedon to the Seceetabt of State for the Colonies. Mt Lobd, Government House, Wellington, June 15, 1882. In accordance with a request to that effect made by the Hon. J. Bryce, I have the honour to forward to your Lordship a memorandum written by that gentleman. 2. I cannot at all admit that, because on one occasion I transmitted to your Lordship, without comment of my own, an article which was " said" to contain Mr. Bryce's explanation of his resignation in January, 1881, and at another time made a passing reference to a sentence in a speech delivered by him, Mr. Bryce has any ground whatever for his complaint of " treatment such as he ought not to have " been subjected to" on my part. 3. I am really at a loss to understand Mr. Bryce's sensitiveness with regard to the communication to which he first refers. In transmitting to your Lordship an article " said" to contain Mr. Bryce's explanation of the course taken by him—and which in fact assigned reasons for it substantially identical with those which the Premier had informed me were the grounds of Mr. Bryce's resignation— I only did what I believe all other Governors placed in similar circumstances would have done.

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4. The reference made by me, in my despatch of the 28th December, to a sentence in Mr. Bryce's speech at Waitotara, is not in the slightest degree affected by the other passages quoted by Mr. Bryce from that speech as qualifying it. They would no doubt have afforded an effective reply to an assumption that opposition to the progress of settlement was the sole offence alleged against Te Whiti; but the despatch itself shows very plainly that I made no such assertion. That, but for his opposition to the progress of settlement, Te Whiti's conduct in other respects would have been less unfavourably considered, was and is my decided opinion; and such being the case, it was my duty not to shrink from its expression in my reports to your Lordship. I have, &c, The Eight Hon. the Earl of Kimberley, &c. Arthur Goedon.

No. 38. The Peemiee to His Excellency Sir W. E. D. Jeetois. Memorandum for His Excellency. A memobandum with reference to Sir Arthur Gordon's despatches, as published in a recent Imperial Blue Book, is transmitted herewith ; and Ministers respectfully request that His Excellency the Governor will forward the same to the Secretary of State for the Colonies, by the outgoing San Francisco mail. As Sir James Prendergast is referred to, Ministers beg to suggest that the memorandum should be submitted to him, as he may desire to offer some remarks upon it. Wellington, January 25, 1883. Ebed. Whitakee.

Enclosure. Memorandum respecting Sir Arthur Gordon's Despatches as to Native Matters. Ministers have received a Blue Book containing " Correspondence respecting Native Affairs in New Zealand, and the Imprisonment of certain. Maoris," which was recently presented to the Imperial Parliament. 2. Ministers desire not to give occasion for controversy with reference to this correspondence; but it raises points of practical importance, to which they wish to direct the attention of Her Majesty's Secretary of State for the Colonies. 3. Sir Arthur Gordon, during the term of his office as Governor of New Zealand, forwarded to the Secretary of State despatches seriously impugning the conduct of Ministers, without giving them opportunity for explanation : in fact, Ministers had no knowledge of the existence of those despatches until several months after their receipt by the Secretary of State. The memorandum of which a copy is enclosed, relates to this fact. It was sent to Sir Arthur Gordon as soon as it was written ; and Ministers think it should have been presented to the Imperial Parliament, and printed with the despatch to which it has reference. 4. The Blue Book contains a reprint of numerous articles, &c, extracted from the Lyttelton Times —the most uncompromising Opposition paper in the colony. Those extracts were forwarded by Sir Arthur Gordon to the Secretary of State without the knowledge of Ministers, with a statement by His Excellency that he was greatly disposed to share the views thus put forward ; and they were published authoritatively, unaccompanied by explanation, for the information of the Imperial Parliament. Ministers cannot but think they are justified in declaring that such a proceeding was unfair, for, in their opinion, it was calculated to place the Colonial Ministry at a great disadvantage before the British Parliament and public. 5. Sir Arthur Gordon, in his despatch of October 22nd, states, with regard to the preparations made, in his absence from the colony, to deal with the Parihaka difficulties, that the intelligence he received on the subject was " obtained from a letter written by my Private Secretary, and from a " perusal of the New Zealand newspapers, not a single member of the Ministry having addressed a " single line to me on that or any other subject." This despatch must have been written after Sir Arthur Gordon received a memorandum from the late Premier, Mr. Hall, stating explicitly that the Government would not have advised that Sir Arthur Gordon could leave the colony, without public interests suffering, had they not been satisfied " that the Administrator would have all the powers of " the Governor: that there would, in point of fact, be in New Zealand a Government competent for " every purpose under the Constitution Act, and the Royal Commission and Instructions." Copies of Mr. Hall's memorandum, as well as of that of Sir Arthur Gordon, to which it was a reply, are enclosed. Ministers must add that, in their opinion, it would have been not only irregular but improper, had they communicated with Sir Arthur Gordon, as Governor, while he was absent from the colony, and there was present in it an Administrator of the Government duly appointed by Her Majesty. 6. The telegram spoken of by Sir Arthur Gordon, in the despatch of October 22nd, as having been received by him in Auckland from the Premier, stating that there was "no cause whatever for post- " poning" departure for Eiji, &c. was no doubt part of a correspondence respecting questions raised in the House of Representatives —(1) Whether the departure of the Governor would not make it unconstitutional for the Assembly, which was then in session, to continue to sit; and (2) Whether, the Dormant Commission having once been brought into operation, the Chief Justice could cease to act as Administrator until Her Majesty's pleasure on the matter had been communicated to him. There was no reference whatever to Native affairs in this correspondence; nor was any question raised as to the sufficiency of the powers of the Administrator for all purposes of Government within the colony. Copies of the printed paper presented to the Assembly on the subject are enclosed.

See No. 26

See Nos. 1 & 2.

See A.— i, 1882.

A.-^4,

28

7. Ministers desire to repeat that they are anxious to avoid controversy, but they feel it their duty to submit the foregoing for consideration by the Secretary of State. They hope, that Lord Derby may be pleased to give attention to the matter, with a view to prevent, in the future, inconvenience which, in the opinion of Ministers, cannot fail to affect prejudicially the relations that ought to exist between the Secretary of State for the Colonies, a Colonial Governor, and his Eesponsible Advisers. Wellington, January 25th, 1883. Feed. Whitaker.

No. 39. Sir John Hall to the Peemiee. Mt deab Mb. Whitakee, — Wellington, February 22, 1883. Mr. Fox has shown to me your memorandum for His Excellency, dated January 25th, and its enclosure. The fifth and sixth paragraphs of that enclosure refer to Sir A. Gordon's despatch of October 22, 1881, printed in the recent Imperial Blue Book on " Native Affairs in New Zealand." lam hardly in a position to volunteer a formal statement respecting the passages in that despatch on which you comment ; but on one question of fact, I think it is right, as I am on the point of leaving New Zealand, you should not be without information. In the despatch of October 22, Sir Arthur Gordon refers to intelligence he received while at Levuka, as to events in New Zealand; and he adds, "This intelligence " I obtained from a letter written by my Private Secretary, and from a perusal of the New Zealand " newspapers, not a single member of the Ministry having addressed a single line to me on that or any " other subject." If this fact involves anything blameworthy, the blame attaches to me, as it would be the Premier's duty —if the duty of any Minister—to write to Sir Arthur. I entirely agree, however with the statement in your memorandum, that Ministers had no duty to Sir Arthur Gordon in the matter. Nothing could be more distinct than was the understanding, when Sir Arthur left for Fiji, that the Administrator of the Government would possess, in every respect, the full powers of the Queen's Representative. But for this, Ministers never could have advised Sir Arthur that no public inconvenience would result from his departure for Fiji. Our duty as Ministers was, therefore, solely to the then Representative of Her Majesty, Sir James Prendergast. I cannot, however, agree with my late colleagues, that it would have been improper, in the circumstances, to have written to Sir Arthur Gordon, provided- this were done with the knowledge of Sir James Prendergast. I think that, as a matter of" courtesy, the Premier might well inform an absent Governor of any matter of importance occurring in the colony, which would or might affect his movements. In fact, I contemplated doing this: but when I asked Sir Arthur Gordon whether he would like me to write to him on what was taking place in New Zealand, he replied distinctly in the negative ; nor did he, before leaving, give me any information as to where it was likely letters would reach him. In these circumstances, my writing to him on public matters affecting the colony was, of course, wholly out of question. I see that you have forwarded to the Secretary of State, the first memorandum which Sir Arthur Gordon, after his return from Fiji, sent to me as Premier, and also my reply thereto, which documents had not previously been used with any view to their publication. This may, not improbably, raise discussion upon a question respecting which many false statements have been made —namely, whether, when the Proclamation of October 19th was issued, Ministers had information that Sir Arthur Gordon would return to the colony almost immediately. I can only suppose that the assertions made —that Ministers had such information—-originated from, a short conversation I had with Mr. Murray, Sir Arthur Gordon's Private Secretary, who acted in the same capacity to Sir James Prendergast. On leaving Government House, after I had informed Sir James of Ministers' intention formally to advise him to issue the Proclamation of the 19th October, and had also arranged with him as to holding a meeting of the Executive Council to swear-in Mr. Bryce as Native Minister, I passed Mr. Murray at the door. I asked him, in passing, if he had any news of Sir Arthur. Were it not that I have since learned that such news had at that time been received, I should have no hesitation in stating that Mr. Murray replied in the negative. Of course, he could not have done so; but the impression left on my mind by what he said, was clearly shown by the fact that, on returning to the Government Buildings, I told my colleagues that no news had been received about Sir Arthur. Mr. Murray, I must add, gave it as his own speculation that Sir Arthur might return at any time. This was, however,, given merely as his opinion upon a question as to which I might form an opinion for myself. Certainly, what Mr. Murray said did not afford me any ground for supposing that he had other or better reason for his speculation than I, or any other Minister, had for speculating on the matter. The fact that information had at that time been received at Government House as to Sir Arthur's movements was, I feel bound to say, carefully concealed from me, as it was also, I believe, from the Administrator of the Government. At the time of the issue of the Proclamation, I had no ground whatever for anticipating Sir Arthur Gordon's immediate return. I am sorry there should be a prospect of renewal of the controversy on this matter; but as it may be renewed, and m} r name be brought into it, and as I shall be absent from the colony, I have thought it right, injustice to my late colleagues and to myself, that I should put you in possession of the facts. You are at liberty to make such use of this letter as you may think proper. I am, &c, John Hall.

See Nos. I*2.

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No. 40. Sir James Peendergast to His Excellency Sir W. P. D. Jeetois. Memorandum for His Excellency. I beg respectfully to submit to His Excellency herewith, a statement containing such observations on the papers mentioned in the margin, transmitted to me by His Excellency on the 25th instant, as seem to be required of me. James Peendeegast. Wellington, January 27th, 1883.

See Nob. 38, 26, 1, and 2 of this series; also A-4, 1882.

Enclosure. Memorandum for His Excellency. I hate perused the memorandum of Mr. Whitaker to his Excellency, of January 25th, 1883, referring to the Blue Book recently received in the Colony. 2. There are certain facts which'ought, I think, to be borne in mind when reading this memorandum, and Sir Arthur Gordon's despatch to the Secretary of State, dated the 22nd October, 1881, and which, so far as I am aware, do not appear in the published correspondence or memoranda. 3. The second paragraph of Sir Arthur Gordon's despatch is as follows : —" On the 4th instant, " whilst at Eevuka, I received intelligence that two days after I left Auckland the Government began " to entertain alarm as to the condition of affairs; that the Constabulary Force had been largely " augmented ; that the Taranaki settlers were being enrolled and armed ; that the Minister of Defence " had, on the 21st September, asked for and obtained from the House of Representatives a vote of " credit for £100,000 ; and that war with the Maoris was regarded as almost inevitable. This intelli- " gence I obtained from a letter written by my Private Secretary, and from a perusal of the New " Zealand newspapers, not a single member of the Ministry having addressed a single line to me, on " that or any other subject." 4. With reference to the apparent complaint of Sir Arthur Gordon, that the Ministry had not communicated with him during his absence in Eiji, Mr. Whitaker's memorandum seems to be intentionally limited to the object of showing to the Secretary of State that the Ministry of the day, of which Mr. (now Sir John) Hall was Premier, as well as the present Ministry, were of opinion that it would have been irregular and improper for them to communicate with Sir Arthur Gordon, as Governor, during his absence and the existence of an Administrator. It is not required of me that I should express any opinion on that question. 5. Mr Whitaker's memorandum does not profess to deal with the matter so far as my conduct is involved in it, nor does it touch upon the facts of the case. 6. I shall deal with the matter on the points not dealt with by Mr. Whitaker. Sir Arthur Gordon, when speaking, in this despatch, of his Private Secretary, refers to Mr. Murray, who, after Sir Arthur Gordon left for Eiji, was, at the desire of Sir Arthur, appointed by me to be my Private Secretary whilst Administrator. To my knowledge and the knowledge of the Minister of Native Aifairs (Mr. Bolleston), Mr. Murray was permitted to peruse and—so far as he desired—to take copies of all communications, telegraphic or otherwise, which the Government received relating to Native affairs on the West Coast. I was aware that Mr. Murray was doing this for the purpose of communicating the contents to Sir Arthur Gordon while away. I believe Mr. Eolleston was, equally with myself, aware of the purpose for which Mr. Murray was receiving this information. No thought was given by me, nor, I dare to say, by Mr. Bolleston, to the question whether Mr. Murray was, when being allowed to receive this information, treated as my Private Secretary or Sir Arthur Gordon's. The fact was well known to me, and I. believe to Mr. Bolleston, that Mr. Murray was professing to keep Sir Arthur Gordon informed. If any thought had been given to the matter, I doubt not Mr. Bolleston would have considered that he was, in form, permitting my Private Secretary to receive the information for the purpose of communicating it, with my authority, to Sir Arthur Gordon ; but that in substance the arrangement was such that Sir Arthur Gordon was kept informed, and that it was not material how the information was conveyed. 7. It has always been and still is my opinion, that a Governor absent under such circumstances as Sir Arthur Gordon was, ought to be kept generally informed of any matter of extraordinary importance occurring in his absence: not with the object of his controlling, during his absence, the administration of affairs, but of enabling him to determine his course of action as to expediting or not his return to his government. This I think Sir Arthur Gordon was entitled to expect: not, probably, from the Ministers officially or perhaps at all. Most certainly, had not I been informed by Mr. Murray that he was sending full information to Sir Arthur Gordon, I should myself have done so. I was, however, satisfied that Mr. Murray, who I believe was entirely in Sir Arthur Gordon's confidence, was as far as possible fully informing him of what was passing in New Zealand. I have no reason now to doubt that Mr. Murray did what he led me to suppose he was doing. 8. It should also be borne in mind that the duration of Sir Arthur Gordon's absence was uncertain. It was understood that after the sittings of the Land Appeals Court at Eiji, he would probably visit other parts of the Western Pacific, and that his absence would, in that event, extend to at least two months. 9. With Eiji there was regular steam communication once a month, from Auckland, by the steamer " Southern Cross." I wrote once only to Sir Arthur Gordon during his absence. That letter went by the first steamer leaving New Zealand after Sir Arthur Gordon's departure. The letter went from Wellington on 23rd September to Auckland, and from Auckland by the " Southern Cross," leaving a few days after, and arriving at Eiji, I presume, on the 4th October. This steamer must have taken both my letter and also Mr. Murray's letters and the newspapers referred to by Sir Arthur Gordon. My letter was intentionally unofficial. I have no copy of it; but I feel certain that I briefly informed Sir Arthur Gordon of the state of affairs, and explained why I did not go more fully into the matters, by stating that I knew that Mr. Murray was writing to him in detail and sending him ail information, and the New Zealand newspapers. I was particular in my inquiries of Mr. Murray as to his sending all information on this occasion.

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30

10. No other letter was sent by me to Sir Arthur Gordon, as I deemed it useless to do so until information was received in New Zealand from Sir Arthur Gordon. I anxiously looked for some communication from him as to his movements. Indeed, had I thought of writing again, the letter could not have reached him till either he had left Fiji for New Zealand or on his visit to the Western Pacific, for the next steamer left New Zealand about the middle of October. As it turned out, Sir Arthur Gordon had left Fiji at least a week before that steamer left New Zealand. I have no reason to suppose that Sir Arthur Gordon received from Mr. Murray any other communication than that which went by the " Southern Cross," at the end of September. 11. There are also facts relating to one other matter which is referred to in the sub-enclosures 2 and 3, proposed to be transmitted to the Secretary of State, which it seems to me the Secretary of State would desire to be informed of. 12. In sub-enclosure No 2, a memorandum from Sir Arthur Gordon to his Ministers, written on the day following his arrival from Fiji, he says : —" His Excellency more especially desires to be informed " of the circumstances which rendered immediate action so imperative as to make necessary the issue, " under the temporary Government of an Administrator, of so important a Proclamation as that of " yesterday, and the appointment of a new Minister of Native Affairs, when bis own return within " twenty-four hours was known to be at least probable, if not well-nigh certain." 13. It is to be observed that this memorandum has not been laid before Parliament here, nor does it appear in the Blue Book; and I believe I am right in supposing that it has not hitherto been communicated to the Secretary of State. 14. I became aware, while acting as Administrator, of its existence, and of Ministers' memorandum in reply (sub-enclosure No. 3), but until now it has not appeared to me that I could with propriety take notice of it. Sir Arthur Gordon appears to have been under the belief, when he wrote that memorandum (sub-enclosure 2), that on the 19th October his return to New Zealand within twenty-four hours of that date was known, by myself and Ministers, to have been " at least probable, if not well-nigh certain." What grounds Sir Arthur Gordon supposed he had for making that statement, or why he should have been under such a belief, Ido not know. I believe, however, that Sir Arthur was, on his arrival, at first under the impression that, Mr. Murray had, on the afternoon of the 19th October, warned me and the Prime Minister to that effect. It is the fact that Mr. Murray did, on the afternoon of that day, in the course of conversation, utter what appeared to me to be no more than his speculations as to what the effect would be upon Sir Arthur Gordon of the information conveyed to him about the state of Maori affairs on the West Coast. It is probable that Mr. Murray then expressed his belief that the information would cause Sir Arthur Gordon to hurry back at once. Mr. Murray's utterances did not convey to my mind that he had received any communication from Sir Arthur Gordon, or that he knew anything more about Sir Arthur Gordon's probable movements than I or the general public knew. 15. Mr. Murray was present at the time when the Proclamation was signed, and said not one word to me about the matter of Sir Arthur Gordon's return. This may be accounted for, if he was under the impression that he had already warned me of the fact. 16. I have never been able to understand how Mr. Murray could have so deceived himself as to think that he had, in the conversation referred to, or at any time, conveyed information to me of Sir Arthur Gordon's probable return. lam induced to think, however, that Sir Arthur Gordon did, at any rate for a time, rely on Mr. Murray's account of the matter, Mr. Murray, as I understand, did not profess to have done more than "hint" the matter —that is, the speedy return of Sir Arthur Gordon. He did not, I believe, profess to say that he stated that a communication had in fact been received, either by Mr. Murray or any member of the family, or at all, from Sir Arthur Gordon. It is, however, a fact that the steamer " Gunga" left Fiji for Sydney on the Bth of October, about the time Sir Arthur Gordon left in the " Emerald " for New Zealand, and arrived in Sydney on the 15th of October, four days before the arrival in New Zealand of Sir Arthur Gordon in the li Emerald." By means of that steamer, Sir Arthur Gordon was (as I was, after the arrival of Sir Arthur Gordon, given to understand) enabled to get a telegraphic communication sent from Sydney to Government House, at Wellington, three or four days before his own arrival on the 19th. The fact that such a communication had been received, was not made known to me until Sir Arthur Gordon himself, on the day after his arrival, informed me of it: Sir Arthur Gordon at the same time stating, in answer to observations of mine on Mr. Murray's conduct in the matter, that Mr. Murray had no authority to inform me of it. It would appear, therefore, that Sir Arthur Gordon's family received, on or about the 15th October, information that he would arrive shortly after that date ; but that, for some reason which I am not able to discover, the fact of such communication having been received was intentionally suppressed and not made known to me, and that Sir Arthur Gordon did not see fit to make use of the same opportunity for informing me of his intended return. 17. It will be observed that I have stated that I believe that Sir Arthur Gordon had been at first under the impression that I was, at the time of the issue of the Proclamation, aware that his speedyreturn was probable or certain. I have, however, hoped that that impression had been removed. In none of the correspondence or memoranda laid before the Imperial or Colonial Parliaments is anything of the kind stated or hinted ; and in Sir Arthur Gordon's despatch of the 22nd October, 1881, already referred to, he uses language from which it is to be interred that he had so early as that date arrived at the conclusion that the Proclamation had been issued in good faith, and was not an act of sharp practice, as he seemed at first to have been led to believe. (See paragraph sof despatch, page 166 of the Blue Book.) However, I now regret to find that Sir Arthur Gordon has, by transmitting to the Secretary of State the copies of the newspaper articles taken notice of by Mr. Whitaker in his memorandum, apparently shown that he wished it to be understood that he still entertained the same views of my conduct. (See Blue Book, page 177.) " Warned by a vigilant officer of the crisis, he had made all " haste to get back to the scene of his responsible labours." The writer of the article no doubt was unaware of the circumstances under which Mr. Murray made the communication. Sir Arthur Gordon could hardly have been unaware of all the facts on the 14th November, 1881, yet he transmitted on that date an article of a very remarkable character. (See Blue Book, page 217: Newspaper of 9th

Nos. 1 and 2 of this series.

See No. 5 of this series.

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November.) "It is tantamount to an official admission that Ministers conspired to play Sir Arthur " Gordon a dirty trick. Feeling assured that the Governor would raise difficulties, they rushed the " Proclamation through the hands of the Administrator of the Government, when they knew and had " been informed that Sir Arthur Gordon might return at any moment. The low cunning characteristic " of the whole proceeding leads us to suppose that its conception must have originated in the mind "of the Attorney-General. His idea of statesmanship is political thimblerig. What we are surprised " at is, that Sir James Prendergast, if he knew the likelihood of the immediate return of the Governor, " should have lent himself to such a discreditable piece, of finesse behind the Governor's back." The writer of this article would undoubtedly be justified in so describing my conduct, if I had known of " the likelihood of the immediate return of the Governor." I respectfully submit to the Secretary of State that Sir Arthur Gordon was not justified in transmitting to him these articles, and the one last referred to in particular, without giving me the opportunity of stating what the facts were : for Sir Arthur Gordon was aware that I had expressed to him my astonishment at his entertaining such a belief of my conduct, and at his communicating his intended return to others and not to me; and that I had shown to him very warm indignation that he, by refraining to inform me of his intended return, had placed me in a position inevitably to be suspected of availing myself of his absence to complete an important act of State. 18. It is probably the case that Sir Arthur Gordon overlooked the full purport of these articles and the effect they were calculated to have on the minds of those to whom his despatches transmitting them were published. 19. It is to be regretted that a more careful attention had not been paid to what articles were sent, inasmuch as Sir Arthur Gordon had, in his despatch of October 22ud, 1881, informed the Secretary of State that he " was greatly disposed to share the views expressed in the enclosed extracts from the " Lyttelton Times." 20. I think I ought not to conclude this memorandum without declaring my conviction that the Ministry, like myself, had on the 19th October, no information from which they could know or suspect that Sir Arthur Gordon's return to New Zealand was imminent, and that they had no other information about his movements than I, or indeed the public at large, had. I was and am still satisfied that on the 19th of October Ministers believed, as did I, that it was improbable that Sir Arthur Gordon would return to New Zealand without extending his visit to the Western Pacific, and that, in that event, he would be absent at least another three weeks, and probably more. Wellington, January 27, 1883. James Peendeeoast.

No. 41. His Excellency Sir W. F. D. Jeryois to the Seceetaby of State for the Colonies. My Lohd, — Government House, Wellington, 27th January, 1883. I have the honour to transmit herewith a memorandum which has been addressed to me by my Ministers, relating to papers laid before the Imperial Parliament last August, on " Native Affairs in New Zealand, and the Imprisonment of certain Maoris." I submit, also, some observations thereon by Sir James Prendergast, who administered the government of the colony during the absence of Sir Arthur Gordon. I have, &c, W. F. Deummond Jeeyois. The Eight Hon. the Secretary of State for the Colonies.

Authority : Geoboe Didsbury, Government Printer, Wellington.—lBB3.