A.—l.
DESPATCHES FROM THE SECRETARY OF STATE TO THE GOVERNOR, AND FROM THE GOVERNOR TO THE SECRETARY OF STATE.
PRESENTED TO BOTH HOUSES OF THE GENERAL ASSEMBLY, BY COMMAND OF HIS EXCELLENCY.
WELLINGTON. 1889.
TABLE OF CONTENTS.
Page The Chinese Question ... ... ... ... ... ... 1 Pacific Islands and New Guinea ... ... ... ... ... 10 Shipping ... ... ... ... ... ... ..12 Convention for Protection of Copyright Literary and Artistic Works ... ... 15 Trade, &o. ... ... ... ... ... ... 1-6 Sugar-Bounties Convention ... ... ... ... ... ... 21 Mr. Bryce and Sir Arthur Gordon ... ... ... ... ... 22 Constitution of Colonial Executive and of Eepresentative Assemblies ... ... 24 Governor's Salary Act ... ... ... ... ... ... 25 Colonial Probates ... ... ... ... ... ... ... 28 Consular Appointments ... ... ... ■ ■. ... ... 28 State-directed Colonisation ... ... ... ... •. ■ ... 32 Native Bills ... ... ... ... ... ... ... 34 Statutes ... ... ... ... ... ... ... 39 Submarine Telegraph Convention ... ... ... ... ... 42 Fraudulent Marks on Merchandise ... ... ... ■ • • ... 43 Miscellaneous ... ... ... ... ... ... ... 44
A.—l
1889. NEW ZEALAND.
DESPATCHES FROM THE SECRETARY OF STATE TO THE GOVERNOR, AND FROM THE GOVERNOR TO THE SECRETARY OF STATE.
Presented to both Houses of the General Assembly by Command of liis Excellency.
THE CHINESE QUESTION. (Circular.) Sir, — Downing Street, 23rd January, 1888. I have the honour to transmit to you, for communication to your Government, a copy of a letter from the Eoreign Office, enclosing copy of a note from the Chinese Minister at this Court, calling attention to the position of Chinese in Her Majesty's colonies. I should he glad if your Government would furnish me with a report on the subject of any exceptional legislation affecting Chinese subjects which is in force in the colony under your Government, showing the objects for which such legislation was adopted, and the measure of success which has attended it. I have, &c, H. T. HOLLAND. The Officer Administering the Government of New Zealand.
Enclosure. Sir, — Foreign Office, 21st December, 1887. I am directed by the Marquis of Salisbury to transmit to you a copy of a note from the Chinese Minister at this Court, calling attention to the position of Chinese subjects in Her Majesty's colonies, and requesting that an inquiry may be instituted into the laws enacted against his countrymen by some of the colonial Legislatures of Australia and the Dominion of Canada. I am to request that, in laying this letter before Secretary Sir H. Holland, you will move him to cause Lord Salisbury to be informed what reply should be returned to the Chinese Minister. I am, &c, The Under-Secretary of State, Colonial Office. P. W. Currie.
Sub-enclosure. My Lord, — Chinese Legation, 12th December, 1887. The Chinese Commissioners who recently visited the Australian Colonies for the purpose of inquiring into the condition of the Chinese subjects residing in these parts of Her Britannic Majesty's dominions, report that in each of the colonies they visited a poll-tax of £10 is imposed on Chinese subjects, from which the subjects of other Powers are exempt. lam also informed that at the present moment a Bill, which passed the House of Assembly of Tasmania in September last, is under the consideration of the Legislative Council of that colony, having for its object the imposition of a similar tax on all Chinese subjects who may hereafter visit the island for the purpose of trade. In my despatch of the 13th July, 1886, I had occasion to draw the attention of your Lordship's predecessor to the invidious position in which Chinese subjects were placed by the operation of a peculiarly offensive Act which had been passed by the Government of British Columbia. Having in that despatch very fully discussed the question of the injustice of making Chinese subjects, who, on the faith of treaties and international usage, had entered the colony, the objects of discriminative legislation, I need not here revert to the matter, more especially as the Chinese Government is convinced that where colonial Legislatures have enacted regulations inimical to Chinese, and which I—A. 1.
A.—l.
were incompatible with Her Majesty's international engagements, the omission of the Crown to exercise its right of veto is not to be taken as showing that the central Government approved them. In the Crown colonies it has not been found necessary to treat Chinese subjects differently from the subjects-.-! other Powers, and it is difficult to understand why it should be otherwise in those colonies on whom a certain amount of self-government has been conferred. It has never been alleged that Chinese immigrants were unruly. For, not only in Hongkong and the Straits Settlements, but also in Australia, the colonial Governors have repeatedly borne testimony to the orderly conduct of the Chinese population, and to their value in developing the colonial resources. There does not, therefore, appear to be any sufficient reason for their being deprived of the immunities accorded to them by the treaties and the law of nations, or to their being treated differently from the subjects of other Powers residing in the same parts of Her Britannic Majesty's dominions. The Imperial Government sees with regret the continued existence of the exceptional and exceptionable laws which some of the colonial Legislatures of Australia and the Dominion have at different times enacted against Chinese subjects, and hopes that, with a view to the elimination of any part of them which may be found to be at variance with treaty obligations and international usage, Her Majesty's Government will be pleased to institute an inquiry into their nature, and how far they are compatible with the increasing growth of the friendly relations which now happily exist between the two countries. I have, &c, The Marquis of Salisbury, K.G., &c. Lew.
Telegram to the Secretary of State. 12th May, 1888. My Ministers state great excitement prevails here over Chinese immigration, and, considering that Chinese immigrants have been excluded from United States under treaty, also that Australian Colonies refuse permission for Chinese immigrants to land, feel obliged to introduce Act of a similar kind to Victorian Act 723 of 1881, already assented to by Her Majesty's Government. I propose to assent unless, in reference to general question, I receive instructions to the contrary. Government here urge Her Majesty's Government to negotiate treaty with Chinese Government on similar terms to recent treaty concluded by United States with Chinese Government.
(No. 41.) My Lord, — Wellington, New Zealand, 16th May, 1888. With reference to your circular despatch of the 23rd January last, requesting a report from my Government on the subject of exceptional legislation affecting Chinese subjects which is in force in this colony, I have the honour to transmit a copy of a memorandum which I have received from the Premier, Sir H. Atkinson, furnishing the desired information. It will be observed that my Government .has, in compliance with popular pressure, brought in a Bill to strengthen the existing restrictions on Chinese immigration. This Bill, however, includes no provisions which have not already, in the case of the Colony of Victoria, received the assent of Her Majesty. On this ground, as I have already informed your Lordship by telegram, I propose to assent to it. On the Bth instant the Government republished a Proclamation originally issued in July, 1881, declaring all Chinese ports to be infected, under "The " Public Health Preservation Act, 1876." This Proclamation has for some time been in abeyance, but has been revived from the same motives which prompted the introduction of the Chinese Immigrants Act Amendment Bill. It appears to me that objection might justly be raised against both the Bill and the Proclamation; but, as the principle of exceptional legislation affecting the Chinese has been sanctioned in former years by the Imperial Government, I do not see that my Ministers are otherwise than justified in the course that they have taken. I should add that a party of Chinese who were denied permission to land in Australia have recently arrived in New Zealand. At Invercargill, a town close to the Bluff, where they were expected to land, and also at Dunedin, public meetings were held, and some violent language was used against the Chinese; but when it appeared that the-hulk of these immigrants were bound for Greymouth, on the west coast of the South Island, the excitement subsided; and the party was landed a few days later (12th May) at its destination without any hostile demonstration whatever on the part of the colonists. Early on the following
2
A.—l.
morning they were leaving the town peaceably in all directions for different mining quarters. I have, &c, W. E. DRUMMOND JERVOIS. The Right Hon. the Earl of Knutsford.
Enclosure. Memorandum for His Excellency. The Premier has the honour to return the circular despatch of the 23rd January last from the Bight Hon. the Secretary of State for the Colonies, and, in compliance with the request therein contained, to forward a copy of " The Chinese Immigrants Act, 1881," which was passed with the view of regulating the immigration of subjects of China, who, although orderly and law-abiding, from their manners and customs were not considered the most desirable persons to be encouraged to settle in the colony. This Act was reserved for and received the assent of Her Majesty. A copy of the Gazette of the 27th April, 1882, containing the regulations under the Act, at page 630, is also forwarded. The Premier has the honour to add that since the passing of the Act the Chinese in the colony have remained practically stationary; but this has probably arisen from other causes than through its operation. There is now, however, a very strong feeling against any increase in their number, and much pressure is being put upon the Government to introduce into Parliament measures of a very stringent nature. The Premier, however, hopes this will be avoided if Her Majesty's Government takes the question in hand, and enters into a treaty with China restricting the introduction of Chinese labour into the Australian Colonies upon the basis of the treaty between the United States of America and China. The Government has introduced into Parliament a Bill, which has been read a second time, and will no doubt be passed, simply adding to the Act of 1881 further disabilities, such as are contained in the Act of the Victorian Parliament of the 24th December, 1881. The chief reason for the strong feeling that has lately arisen against further Chinese immigration is the fear that the closing of the American and Australian ports may cause an immediate and Large influx of Chinese into New Zealand who would otherwise have found their way into those countries. Premier's Office, Wellington, 16th May, 1888. H. A. Atkinson, Premier.
Telegram from the Secretary of State. Received 19th May, 1888. Telegrams from colonial Governments relative to Chinese being carefully considered. Replies will he sent by earliest possible date.
Telegram from the Secretary of State. Received 22nd May, 1888. In answer to your telegram of the 12th of May, you may assent. Despatch by mail.
Telegram from the Secretary of State. Received 2nd June, 1888. Referring to my telegram of the 22nd May, as Conference meets 12th June, I shall defer expressing opinion further, pending result. Despatch by mail postponed.
Telegram to the Secretary of State. sth June, 1888. Referring to your telegram of Ist June, presume you do not wish me to withhold assent to Bill. Provisions of Bill temporary, covering only about one year, and do not apply to Chinese immigrants who may have left for New Zealand from China before 10th June. All things considered, I think Bill should be assented to.
(New Zealand, No. 50.) My Lord, — Government House, Wellington, 7th June, 1888. I have the honour to report that the Hon. Richard Oliver has been appointed to represent New Zealand at the approaching Conference to be held at Sydney on the Chinese immigration question. Though Mr. Oliver is not in the present Ministry, he has been a member of previous Governments, altogether for a period of about five years. Parliament being in session, it was impossible for a Minister from New Zealand to attend the Conference. I have, &_., W. E. DRUMMOND JERVOIS. The Bight Hon. Lord Knutsford, &c.
3
A.—l.
Telegram from the Secretary of State to Sir W. C. E. Robinson, South Australia. 6th June. —Transmit following telegram to Governors of New Zealand and Australian Colonies : " Referring to my telegram of 22nd May, inform Conference " Her Majesty's Government anxious to meet views of Australasian Colonies with " regard to limiting Chinese immigration, but measures adopted by New South " Wales create obstacles to present negotiations with China. - It is therefore " important to ascertain whether, in substitution for legislation of a similar kind, " other arrangements more in accordance with feelings and views of Chinese " Government, and at the same time fully effective for purpose of restricting " Chinese immigration, may not be adopted. Having regard to political and " commercial interests of Empire, and particularly to commercial interests of " Australasian Colonies, no avoidable obstacles should be placed in the way of " trade with China, which is likely to afford valuable market for products of " Australasian Colonies. Chinese Government specially objects to legislation " placing Chinese emigrants on different footing to subjects of any other Power, " and it seems desirable to consider whether laws and regulations equally restrict- " ing immigration in colonies of all foreign labourers, with power of relaxing " regulations in special cases reserved to Governments, may not meet require- " nients of case. If thus placed on equal footing with other nations, Chinese " Government, if it was still thought necessary to come to an international '•' arrangement, might be, perhaps, willing to accept conditions more or less of a " similar kind to conditions laid down in treaty concluded with United States of " America, and limitation of numbers which would be permitted to embark for " any of Australasian Colonies in any year. It should be clearly understood " that, while Her Majesty's Gevernment will be prepared to consider any repre- " sentations from Conference, they are not at present able to give any assurance " that negotiations with Chinese Government can be opened, as it depends on " nature of proposals to be made to that Government; but I confidently believe " that Conference will endeavour to conciliate susceptibilities of Chinese Govern- " ment as far as practicable."
Telegram from the Secretary of State. Received 9th June, 1888. You may assent Chinese Bill.
Telegram received 18th June, 1888. Secretary of State to Lord Carrington, Sydney, for circulation in Australasian Colonies. Her Majesty's Government recognises spirit in which Chinese question has been discussed by Conference, and will be prepared to consider resolutions in all their bearing without delay. Desirable I should have as soon as possible all provisions of proposed Bill.
(New Zealand, No. 54.) My Lord, — Government House, Wellington, 14th June, 1888. With reference to my Despatch No. 41, of the 16th ultimo, I have the honour to transmit herewith a printed paper, showing changes wrought in the Chinese Immigrants Act Amendment Bill by amendments of the Legislative Council. It will be observed that, although clauses strengthening the restrictions on the entry of Chinese (clauses 4-10) are retained, the following modifications have been inserted: 1. The rights of naturalised British subjects of Chinese race are secured to them (clause 2). (2.) Chinamen who left China or Hongkong for New Zealand previously to the 10th June are excluded from the operation of the Bill (clause 4, proviso). (3.) The officers and crews of Chinese men-of-war are likewise exempted. (4) The clauses (adapted from the Victorian Act No. 723 of 1881) by which Chinese subjects are debarred from voting at the election of any local authority have been struck out (clauses 10-12). (5.) The dura-
4
A.—l.
tion of the Act to the end of the next session of the General Assembly — i.e., until about August, 1889. I _ave to add that on the evening of the 7th instant a party of sixty-two Chinese immigrants arrived in Wellington from Sydney. The bulk of them (forty-three) were, as in the case of the last shipment, bound for Greymouth. These were transhipped and conveyed to their destination, where they were landed without molestation. The arrival of this party in Wellington caused no excitement, and may be said to have passed almost unnoticed. V. E. DRUMMOND JERVOIS. The Right Hon. the Lord Knutsford, &c.
(New Zealand, No. 20.) Sir,— Downing Street, 10th May, 1888. I have the honour to transmit to you for communication to your Government, the accompanying extract, which has been reprinted from the New York Tribune of the 28th March last, purporting to give the text of the recent treaty concluded between the Government of China and that of the United States on the subject of Chinese immigration, together with explanatory letters from the President of the United States and Air. Bayard. In view of the occasional references to this treaty in official and in Press telegrams from Australia, I think it right to lose no time in forwarding to you (in the absence of the authentic text) this newspaper account of its provisions, to which, of course, no official character will be attached. I have, &c., KNUTSEORD. Governor Sir W. E. D. Jervois, G.C.M.G., C.8., &c. Enclosure. [Extract from the New York Tribune of the 28th March, 1888.] A New Treaty with China.—Full Text of Mr. Bay £ ard's Recent Diplomatic Effort.—Restriction which does not restrict. —Property Qualification Clause, and Damages to be paid. —Mr. Bayard's Explanatory Letter. [By Telegraph to the Tribune."] Washington, 27th March.—The new Chinese treaty recently concluded in this city by Secretary Bayard and Chang Yen Hoon, the Chinese Minister, together with the letter of the President transmitting the treaty, and an explanatory letter of Secretary Bayard to the Senate, is herewith given in. full. The injunction of secrecy has not yet been removed from the treaty by the Senate, but that may be done at some future time. The Senate never hurries undignifiedly in such matters. The full text of the treaty is as follows : — Whereas, on the 17th day of November, A.D. 1880, a treaty was concluded between the United States and China for the purpose of regulating, limiting, or suspending the coming of Chinese labourers to, and their residence in, the United States ; and whereas the Government of China, in view of the antagonism and much-deprecated and serious disorders to which the presence of Chinese labourers has given rise in certain parts of the United States, desires to prohibit the emigration of such labourers from China to the United States : And whereas the Government of the United States and the Government of China desire to co-operate in prohibiting such emigration, and to strengthen in other ways the bonds of friendship between the two countries : Now, therefore, the President of the United States has appointed Thomas P. Bayard, Secretary of State of the United States, as his plenipotentiary, and His Imperial Majesty the Emperor of China has appointed Chang Yen Hoon, Minister of the third rank of the Imperial Court, Civil President of the Board of Imperial Cavalry, and Envoy Extraordinary and Minister Plenipotentiary, as his plenipotentiary; and the said plenipotentiaries, having exhibited their respective full powers, found to be in due and good form, have agreed upon the following articles: — Article I. The high contracting parties agree that for a period of twenty years, beginning with date of the exchange of the ratifications of this convention, the coming, except under the conditions hereinafter specified, of Chinese labourers to the United States shall be absolutely prohibited. Wherein Bight of Eeturn is granted. Article 11. The preceding article shall not apply to the return to the United States of any Chinese labourer who has a lawful wife, child, or parents in the United States, or property therein to the value of $1,000, or debts of like amount due him and pending settlement. Nevertheless, every such Chinese labourer shall, before leaving the United States, deposit, as a condition of his return, with the Collector of Customs of the district from which he departs, a full description in writing of his family, or property, or debts aforesaid, and shall be furnished by said Collector with such certificate of his right to return under this treaty as the laws of the United States may now or hereafter prescribe, and not inconsistent with the provisions of this treaty; and should the written
5
A.—l.
description aforesaid prove to be false, the right of return thereunder, or of continued residence after return, shall in each case be forfeited. And such right of return to the United States shall be exercised within one year from the date of leaving the United States, but such right of return to the United States may be extended for an additional period, not to exceed one year, in cases where, by reason of sickness or other cause of disability beyond his control, such Chinese labourer shall be rendered unable sooner to return, which facts shall be fully reported to the Chinese Consul at the port of departure, and by him certified to the satisfaction of the Collector of the port at which such Chinese subject shall land in the United States. Exemption of certain Chinese Subjects. Article 111. The provisions of this convention shall not affect the right at present enjoyed of Chinese subjects, being officials, teachers, students, merchants, or travellers for curiosity or pleasure, but not labourers, of coming to the United States and residing therein. To entitle such Chinese subjects as are above described to admission into the United States they may produce a certificate from their Government, or the Government where they last resided, vised, by the diplomatic or consular representative of the United States in the country or port whence they depart. It is also agreed that Chinese labourers shall continue to enjoy the privilege of transit across the territory of the United States in the course of their journey to or from other countries, subject to such regulations by the Government of the United States as may be necessary to prevent said privilege of transit from being abused. Article IV. In pursuance of Article 111. of the immigration treaty between the United States and China, signed at Pekin on the 17th day of November, 1880, it is hereby understood and agreed that Chinese labourers, or Chinese of any other class, either permanently or temporarily residing in the United States, shall have for the protection of their person and property all rights that are given by the laws of the United States to citizens of the most favoured nation, excepting the right to become naturalised citizens ; and the Government of the United States reaffirms its obligation, as stated in the said Article 111., to exert all its power to secure protection to the persons and property of all Chinese subjects in the United States. Indemnity for Injuries to Chinamen. Article V. Whereas Chinese subjects, being in remote and unsettled regions of the United States, have been the victims of injuries in their persons and property at the hands of wicked and lawless men, which unexpected events the Chinese Government regrets, and for which it has claimed an indemnity, the legal obligation of which the Government of the United States denies: And whereas the Government of the United States, humanely considering these injuries, and bearing in mind the [? friendship subsisting between] the Government of the United States and China, which the high contracting parties wish to cement, is desirous of alleviating the exceptional and deplorable sufferings and losses to which the aforesaid Chinese have been subjected : Therefore the United States, without reference to the question of liability (which, as a legal obligation, it denies), agrees to pay on or before the Ist day of March, 1889, the sum of $276,619 75c. to the Chinese Minister at this Capitol, who shall accept the same, on behalf of his Government, as full indemnity for all losses and injuries sustained by Chinese subjects as aforesaid, and shall distribute the said money among the said sufferers and their relatives. Article VI. This convention shall remain in force for a period of twenty years, beginning with the date of the exchange of the ratifications; and if, six months before the expiration of the said period of twenty years, neither Government shall formally have given notice of its termination to the other, it shall remain in full force for another like period of twenty years. A Short Letter from the President. The following letter of the President accompanies the treaty: "To the Senate.—l have the honour to transmit herewith, and recommend for your constitutional approval, a convention signed and concluded in this city on the 12th instant, under my direction, between the United States and China, for the exclusion hereafter of Chinese labourers from coming into this country. This treaty is accompanied by a letter from the Secretary of State in recital of its provisions and explanatory of the reasons for its negotiation, and with it are transmitted sundry documents giving the history of events connected with the presence and treatment of Chinese subjects in the United States. In view of the public interest which has for a long time been manifested in relation to the question of Chinese immigration, it would seem advisable that the full text of the treaty should be made public, and I respectfully recommend that an order to that effect be made by your honourable body.— Grover Cleveland. —Executive Mansion, Washington, 16th March, 1888." Secretary Bayard's Explanation. The following is Secretary Bayard's explanation of the features of the treaty : To the President, — I have now the honour to transmit herewith, with a view of its being communicated to the Senate for its advice and consent, a convention providing for the absolute prohibition of the coming of Chinese labourers into the United States, which was concluded in this city on the 12th instant by me, under your instructions and authority, and by the Chinese Minister at this Capitol under the Imperial authority of China. Shortly after the advent of your Administration it was considered advisable, in view of the manifest popular discontent in the States bordering upon the Pacific growing out of the presence there of Ghinese labourers and their obvious lack of assimilation with the sympathies, habits, and interests of our own citizens, and the demonstrated inefficiency of the statutes intended to restrict their coming among us, that an effort should be made to procure the desired relief by obtaining the consent and co-operative action of China by means of an amended treaty, and thus avoid the necessity of a resort to special legislation, which without the co-operative
6
A.—l.
assistance of the Chinese Government would be less effectual, and might also be open to exception as being in conflict with or in derogation of the stipulations of existing conventions, and possibly as impairing our good understanding with a friendly Power. The temporary absence from the United States iir _885, and the subsequent illness, of the then Chinese Minister, unavoidably delayed negotiations, but upon the arrival of his successor, the present Minister (Chang Yen Hoon), propositions were speedily submitted to him for a convention absolutely prohibiting the immigration of Chinese labourers, and, after some further delay arising from a visit made by him to Europe last summer, the treaty herewith transmitted has been concluded. The Purpose and Object of the Treaty. By this arrangement we have secured the co-operation of China in the main purpose and object of the treaty, which is plainly stated in the first article of the convention to be the absolute prohibition of Chinese labourers from coming into the United States for twenty years, and its renewal thereafter for a similar period unless notice shall have been given as provided in Article VI. This precludes the return of any Chinese labourers who are not now in this country, and forbids the coming into the United States of Chinese labourers from any quarter whatsoever. From this inhibition are excepted any Chinese labourer who has a lawful wife, child, or parent in the United States, or property therein of the value of $1,000, or debts of like amount due him and pending settlement. Considerations of humanity and justice require these exceptions to be made, for no law should overlook the ties of family, and the wages of labour are entitled to just protection. Judging also by the statistics of the class in question and from general experience, such excepted cases will be practically few in number, infrequent, and easily capable of such regulations as will prevent abuse. The regulation and control of the issue of such certificates of return will be wholly in the hands of United States officials, and power to prescribe other laws at discretion may be exercised by the United States. Such right to return is for a limited period, and the certificates are invalidated by the perpetration of fraud in connection with their procurement or use, and the United States are free to adopt such measures as may become advisable to check or punish any abuse. Fraudulent Entries under the Old System. In the course of late litigation in the United States Courts.in California arising out of the contested claims of certain Chinese labourers to return to the United States under the certificates now provided by law, it has been pertinently suggested by the learned Judges before whom the cases were tried that the detailed information contained in the certificates themselves, as now issued to the Chinese, furnishes the means of fraudulent entry of Chinese labourers, to whom such certificates have been fraudulently transferred and who are not entitled to come to the United States. And it has been pointed out that if all the facts requisite for complete identification of the departing Chinamen were retained in the United States' official custody, and a paper containing only a simple number, and properly marked, signed, and countersigned by the officers, were furnished, the means of detecting and preventing fraud in the transfer of the certificate would be given, and the present abuses made almost impossible of recurrence. Existing treaty privileges of travel and sojourn in the United States to Chinese officials, teachers, students, merchants, and travellers for curiosity and pleasure remain undisturbed, as well as the transit-right of labourers, strictly to be exercised under United States regulations. Justifying the Indemnity Clause. The stipulations of the third article of the treaty of 1880 provided for the extension of the full protection to the person and property of Chinese subjects of all classes that is given by laws of the United States to the most favoured nation, and by the terms of that article the United States also agreed "to exert all its power to secure such protection" to the persons and property of Chinese subjects in the United States. It cannot justly be alleged that any discrimination has been made against the Chinese by the laws of the United States, nor that they have been denied or obstructed in their access to the avenues of public remedial justice, which are open to all persons alike without distinction of race or nationality ; but the fact remains that, for reasons heretofore stated in the message of the President to Congress in relation to the Rock Springs indemnity, there has been a failure of justice in the repression and punishment of crime and lawless violence of which Chinese were the victims, owing to the mingled causes of race-prejudice, labour-rivalries, their peculiar habits, and segregation from other nationalities. The ill-treatment to which Chinese labourers have been subjected by our jurisdiction where they are practically beyond the reach of the protecting arm of the law, has been a subject of just complaint by their Government as well as mortification and sorrow to our own, and Congress heretofore, in the case of the Rock Springs massacre in Wyoming Territory, in view of all the circumstances, has made voluntary appropriations for the relief of the sufferers and their families. The distribution of governmental powers under our system forbids the assumption of local police control by the Federal authority, except in the cases provided for by the Constitution, wherein State and local Governments make application to the Executive for the assistance of the military arm of the Government. The stipulations of our treaty with China do not demand the enactment or enforcement of laws discriminating in favour of the Chinese subjects in the United States, nor does it entitle them to greater or other protection than is accorded to citizens of the most favoured nation. Tried by this test, the Chinese, in all cases of injuries to their persons or property, are equal before the laws of this country to the citizens of any other "most favoured nation," and certainly to our citizens. Sentimental Features of the Convention. But the fact remains that they have suffered grievously in person and property ; and, whilst the liability of the United States is wholly inadmissible, as is-recited in Article V. of the treaty now submitted, yet it is competent for this Government, in humane consideration of those occurrences,
7
A.—l.
so discreditable to the community in which they have taken place, and outside of the punitive powers of the National Government, to make voluntary and generous provisions for those who have been made the innocent victims of lawless violence within our borders; and to that end, following the dictates of humanity, and, it may be added, the example of the Chinese Government in sundry cases where American citizens who were the subjects of mob-violence in China have been indemnified by tfftat Government, the present treaty provides for the payment of a sum of money, to be received as full indemnity for all such losses and injuries sustained by Chinese subjects in the United States, to be received and distributed by the Chinese Minister at this Capitol. This payment will, in a measure, remove the reproach to our civilisation caused by the crimes referred to, as well as redress the grievance so seriously complained of by the Chinese representative, and unquestionably will also reflect most beneficially upon the welfare of American residents in China. I submit herewith a list of the claims from time to time presented to this department through the Chinese Minister, in which the names of the claimants, the amount of the losses, and estimation and details of the injuries inflicted are set forth. Respectfully submitted. Department of State, Washington, 16th March, 1888. T. F. Bayard.
(New Zealand—Circular.) Sir,— Downing Street, 25th May, 1888. I have the honour to transmit to you, for communication to your Government, a copy of a letter which has been received at the Foreign Office from the Chinese Minister at this Court respecting the impediments thrown in the way of the immigration of Chinese subjects into Australia. I have requested the Marquis of Salisbury to draw the attention of Lew-ta-jen to the state of the case as regards the landing of Chinese, and other particulars shown in recent telegrams from New South Wales, and I have stated that it will be necessary to await further information on the general question. I have, &c., KNUTSEORD. Governor Sir W. E. D. Jervois, G.C.M.G., C.8., &c.
Enclosure. My Lord, — Chinese Legation, 16th May, 1888. In continuation of my despatch of the 7th instant, calling your Lordship's attention to the refusal of the authorities of Her Britannic Majesty's colonies of Victoria and New South Wales to allow the Chinese emigrants per "Afghan" to land, and requesting Her Britannic Majesty's Government to order the prohibition which had been placed on their landing to be removed, I have now the honour to inform you it has come to my knowledge that not only do the colonial authorities still persist hi their refusal to allow the emigrants to land, but they have taken the very grave course of ordering the captain of the " Afghan " to carry them back to Hongkong, the port where they were embarked. In some of my former communications I have discussed the question of the competence of the colonial authorities in Australia and elsewhere to make Chinese immigrants the subject of discriminative legislation, and I presume that, considered in its international and conventional aspects, Her Majesty's Government will not deny the illegality of the action of the colonial authorities in this matter. I shall not, therefore, in the present communication further insist on this, but will invite your Lordship's attention to the consideration of the question as to how far the action of the Colonial Executive with respect to Chinese immigrants now arriving in Australia is in conformity with the statutes enacted by the colonial Legislatures. And in thus appealing to these statutes I wish it to be understood that I do not recognise their validity excepting in so far as they may be in accordance with the treaties and law of nations. Having caused a study of the statutes to be made, I am advised that in none of them, bristling as they do with pains and penalties directed against Chinese subjects, is there a single provision empowering the Executive to prohibit the landing of immigrants who are prepared to pay the stipulated poll-tax. To this fact I would beg leave most particularly to call your Lordship's attention; for, however much the colonial Governments may desire to escape the responsibilities imposed upon them by the Anglo-Chinese treaties and. the laws of nations, they will scarcely venture to deny their obligation to respect the statutes which they themselves have enacted. Section 2of the amended Chinese Immigrant Act, passed by the Legislature of Victoria in 1881, and section 3 of an Act to restrict the Influx of Chinese into New South Wales, passed by the Legislature of that colony also in 1881, both impose a penalty on the captain of any ship having a greater of Chinese on board for the colony than one to every hundred tons of the vessel's burden ; but neither of them authorises the Executive to send back the. ship, or prohibit the landing of any immigrants whom the ship may have brought in excess of the statutory number, provided that they are able and willing t*pay the stipulated poll-tax. To have done so would have been an act of injustice such as even the colonial Legislatures, in other respects so hard on Chinese, were not prepared to sanction. The Acts referred to hold the captain responsible, and impose on him a very heavy fine for any excess of passengers he may have brought to the colony; but, very properly, they do not punish the
8
9
A.—l
immigrant for what it would have been impossible for him to prevent, especially if the excess should have been occasioned by the embarkation of additional passengers at some of the ports of call. Whether, then, the action of the Australian Executive in refusing to allow the immigrants to be landed be *onsidered from a conventional or international or a statutory standpoint, it would appear to be equally unjustifiable, and this all the more because of the immigrants having been embarked«art Hongkong, a British colony, the authorities of which not only assented to their shipment but sanctioned it. It must be presumed that when the Hongkong authorities did this they were fully acquainted with the regulations of the British colonies whither the emigrants were proceeding, and that had there been any obstacle to their landing they would not only have notified it to the emigrants, but have refused to sanction their embarkation; but this they did not do. In the case of the " Afghan," on the 25th of March Sir William Des Vaux, the Governor ol the colony, officially authorised the shipment of the emigrants, and on the 27th of the following month the Governors of two other British colonies arbitrarily refused to allow the emigrants to land, thus denying them even that modicum of justice and hospitality which, not to mention other grounds, they were entitled to by the laws of the colonies themselves. I commend these views to the favourable consideration of your Lordship, and in reiterating the request of my Government that the prohibition may be cancelled I venture to express the hope that, in the event of any of the emigrants, whether of those per " Afghan " or other ship, having already been sent back to China, Her Majesty's Government, taking into account the peculiar hardship of their case, may be pleased to consider it as one for compensation—compensation not only for the money the emigrants may have paid or may yet have to pay for passage to and from Australia, but for any other losses they may be proved to have sustained in consequence of what the Imperial Government regret to have to characterize as the arbitrary and irregular proceeding of the colonial authorities. I have, &c, The Marquis of Salisbury, &c. Lew, Chinese Legation.
Telegram from Secretary of State. Received 24th July, 1888. Referring to proceedings of Conference, communication made in accordance with Chinese Government on subject of Chinese Emigration Treaty. In the meantime instructions have been sent to Governors of Hongkong and Straits Settlements with a view to suspend Chinese emigration Australian Colonies.
(New Zealand, No. 87.) My Lord,-— Government House, Wellington, Ist September, 1888. With reference to my Despatch No. 54, of the 14th June last, forwarding a printed paper showing the changes wrought in " The Chinese Immigrants Act "Amendment Bill, 1888," by amendments of the Legislative Council, I have the honour to report that on the 28th ultimo the House of Representatives, after a Eree Conference between the Chambers, agreed without discussion to accept the Bill, with one alteration, as passed by the Council, and that I have accordingly given my assent thereto. The alteration referred to is in clause 2. As passed by the Council this clause ran as follows : " Eor the purposes of this Act the term ' Chinese' does not include " natural-born or naturalised subjects of Her Majesty; and in this Act ' natural- " ised' means naturalised in the Colony of New Zealand." In section 2of the Act the first sentence of the clause is omitted, inasmuch as the specification of " natural-born " subjects was a superfluity, and that of " naturalised " subjects, other than those described in the section as it at present stands, would have granted to Chinamen naturalised in other British possessions than New Zealand exceptional treatment as compared with naturalised subjects of other nationalities, according to the principle laid down in section 7 of " The Imperial Naturalisation "Act, 1870." The section, as it stands, gives to Chinese naturalised in New Zealand privileges not provided for in the Chinese Immigrants Act of 1881. I have, &c, W. E. DRUMMOND JERVOIS. The Right Hon. Lord Knutsford, &c.
(New Zealand, No. 58.) Sir, — « Downing Street, 27th November, 1888. I have the honour to acknowledge the receipt of your Despatch No. 87, of the Ist September, respecting " The Chinese Immigrants Act Amendment Act, " 1888," the authenticated copy of which was received, with other Acts, in your 2—A. 1.
A.—l.
subsequent despatch No. 31, of the 19th of the same month. I have to inform you that the Act will be left in operation. I have, &c, KNUTSEORD. Governor Sir W. F. D. Jervois, G.C.M.G., C.8., &c.
PACIFIC ISLANDS AND NEW GUINEA. Convention, New Hebrides. (Circular.) Sir, — Downing Street, 9th February, 1888. With reference to previous correspondence respecting the convention signed at Paris on the 16th November last between the Governments of Great Britain and France relating to the New Hebrides, I have the honour to transmit to you, for the information of your Government, copies of a declaration, with annex, agreed tipon by those Governments, pursuant to Art. 111. of the convention, respecting the Joint Naval Commission which was signed at Paris on the 26th ultimo. The Secretary of State for Foreign Affairs has requested the Lords Commissioners of the Admiralty to issue the necessary instructions in connection with this Commission to the A dmiral-in-Chief on the Australian Station. I have, &c, 11. T. HOLLAND. The Officer Administering the Government of New Zealand. [For enclosure see A.-4, 1888, No. 12.]
Evacuation of Neio Hebrides by the French. (Circular.) Sir, — Downing Street, 4th May, 1.888. With reference to my circular despatch of the 31st March, I have the honour to transmit to you, for communication to your Government, a copy of a letter from the Eoreign Office, with its enclosure, containing the official announcement of the evacuation of the Erench military posts in the New Hebrides. I have, &c, KNUTSEORD. Governor Sir W. E. D. Jervois, G.C.M.G., C.8., &c.
KNUTSFOED.
Enclosure. Sir— Foreign Office, 23rd April, 1888. I am directed by the Secretary of State for Foreign Affairs to transmit herewith, to be laid before the Secretary of State for the Colonies, copy of a note from the French charge d'affaires in this country reporting the evacuation of the New Hebrides by the French troops. I have, &c, The Under-Secretary of State, Colonial Office. P. W. Cuerie.
Sub-Enclosure. M. le Marquis,— Ambassade de France, Londres, 19 Avril, 1888. Conformement aux tormos de la convention du 16 Novembro, 1887, relative aux NouvcllesHcbrides et aux iles sous le vent de Tahiti, le premier de ces archipels a ete evaeue par les troupes francaises. J'ai l'honneur de faire connaitre a V.S. que cetto operation a ete effectuee le 15 du mois dernier. Veuillez agreer, &c, M. le M. de Salisbury, &c. Jusserand.
Liberated French Convicts. Circular Despatch from the Secretary of State. Received 25th April, ISBB. (Circular.) Sir, — Downing Street, 14th February, 1888. I have the honour to transmit to you, for communication to your Government, a copy of a despatch received at the Eoreign Office from the Earl of Lytton, with a decree of the President of the French Republic regulating the means to be
10
A.—L
employed for ascertaining the presence of liberated convicts compelled to reside in penitentiary colonies, preceded by a report of the Minister of Marine and Colonies. ~. I have, &c, H. T. HOLLAND. The-Officer Administering the Government of New Zealand.
Circular Despatch from the Secretary of State. Received 25th April, 1888. (Circular.) Sir, — Downing Street, 27th February, 1888. I have the honour to transmit to you, for communication to your Government, a copy of a memorandum received at the Foreign Office from Her Majesty's Minister at Paris respecting the conditions imposed by French law on the return of convicts to France.
Circular Despatch from the Secretary of State. Received 17th September, 1.888. (Circular.) Sir, — Downing Street, 10th July, 1888. With reference to the convention relative to the New Hebrides signed at Paris on the 16th November, copies of which accompanied my despatch of the 3rd December last, I have the honour to transmit to you copies of the declaration signed on the 30th May for the abrogation of the declaration of the 19th June, 1847, between Great Britain and France concerning the islands to the leeward of Tahiti. It may be convenient that I should transmit to you at the same time an extract from the note verbale of the 24th October, 1885, communicated by M. de Freycinet to Lord Lyons, relating to trade and convicts in those islands, which is referred to in Article V. of the convention of the 16th November. I would also refer you to the Parliamentary Paper C. 5,256, 1888 : " Agreement between " the British and French Governments relative to the New Hebrides, 1887 and " 1888," of which copies have already been forwarded to you. I have, &c, KNUTSEORD. The Officer Administering the Government of New Zealand.
Enclosures. Declaration for the Abrogation of the Declaration of the 19th June, 1847, between Great Britain and France concerning the Islands to the Leeward of Tahiti. Article V. of the convention of the 16th November, 1887, relative to the New Hebrides and the islands to the leeward of Tahiti, having stipulated that the Government of Her Britannic Majesty will proceed to abrogate the declaration of the 19th June, 1847, between Great Britain and France respecting the group of islands to the leeward of Tahiti, as soon as the French military posts shall have been withdrawn from the New Hebrides, the two Governments, after having made certain that the posts were withdrawn on the 15th March, 1888, declare that at that date the abovementioned declaration ceased to exist, and that it remains null and void. In witness whereof Her Britannic Majesty's Ambassador Extraordinary and Plenipotentiary at Paris, and the Minister of Foreign Affairs of the French Republic, have signed this declaration, and have affixed thereto the seal of their arms. Done in duplicate at Paris the 30th day of May, 1888. (1.5.) Lytton. (1.5.) Rene Goblet.
Extract of Note Verbale of the 24th October, 1885, communicated by M. de Freycinet to Lord Lyons, referred to in Article V. of the above Convention. [Translation.] The French Government willingly renew to Her Majesty's Government the assurance that the system of Customs which will be established in the islands to the leeward of Tahiti on the day on which French authority shall hawe been definitely established there shall in no respect differ from that actually in operation in Tahiti itself, and that British subjects shall enjoy in them the same treatment as that extended to its own citizens. Moreover, M. de Freycinet has no difficulty in declaring that the Government of the Republic has no intention of departing, in regard to Raiatea and the islands adjacent, from the course which it has hitherto pursued respecting the transportation of convicts to its Tahitian possessions.
11
A.—l
12
British New Guinea. (New Zealand—General.) Sir, —.»> Downing Street, 14th June, 1888. I have the honour to inform you that Letters Patent, of which a copy is enclosed, have been passed under the Great Seal of the United Kingdom for erecting certain British territory in New Guinea and the adjacent islands into a separate possession by the name of British Newr Guinea, and providing for its government, and that Mr. William Macgregor, M.D., C.M.G., has been appointed Administrator of the Government. I have, &c, KNUTSEORD. Governor Sir W. E. D. Jervois, G.C.M.G., C.8., &c. [For enclosures see A.-4, 1889, No. I.]
Trade with the Marshall Islands. (New Zealand —Circular.) Sir, — Downing Street, 30th June, 18S8. I have the honour to transmit to you, for communication to your Government, a copy of a despatch from Her Majesty's Minister at Washington, forwarding one from Her Majesty's Consul at San Francisco on the subject of trade with the Marshall Islands. I have, &c, KNUTSEORD. Governor Sir W. F. D. Jervois, G.C.M.G., C.8., &c. Enclosure. Sir L. West to the Marquis of Salisbury. (Received 28th May.) (No. 150—Commercial."I
My Lord ,— Washington, 18th May, 1888. I have the honour to enclose to your Lordship herewith copy of a despatch, as well as copy of enclosure, which I have received from Her Majesty's Consul at San Francisco relative to trade with the Marshall Islands. I have, &c, L. S. Sackville West.
Sub-enclosures. Consul Donohoe to Sir L. West. Sir,— San Francisco, 10th May, 1888. I have the honour to enclose copy of a letter which I received this morning from the Imperial German Consul relative to trade with the Marshall Islands. There is some trade in schooners from San Francisco with these islands, but the vessels are under the American flag. Upon making inquiries here I find that the vessels under the British flag trading there usually hail from the Australian Colonies. I have, &c, D. Donohoe.
Mr. Rosenthal to Consul Donohoe. Sir, — San Francisco, Ist May, 1888. The Imperial German Government has declared the port of Yalint to be the only port of entry of the Marshall Islands. The masters of those ships which come from any port outside of said islands have to enter the port of Yalint, and to report to the Imperial Commissioner at said last-mentioned port before touching any other one of the said islands. Any violation of any of the foregoing provisions shall be punishable by fine not exceeding 6,000 marks. This fine may be enforced against the ship and cargo without regard to the owner of the same, and the forfeiture of the ship may be adjudged. It being desirable that all parties concerned receive timely notice of the foregoing, I would most respectfully request you to have the masters of such ships as are under your official control and may go to the Marshall Islands informed of the above requirements. I am, &c, A. Rosenthal, Imperial German Consul.
SHIPPING. Certificates of Masters and Mates of the Mercantile Marine. (Circular.) « Sir, — Downing Street, 11th February, 1888. I have the honour to transmit to you, for communication to your Government, the accompanying copy of a letter from the Board of Trade respecting the
A.—l.
question of requiring persons applying for certificates of competency as masters and mates to give up all previous certificates held by them. Copies of the correspondence in which this question was raised, and to which the Board of Trade letter refers, are also enclosed for the information of your Government. I have, &c, KNUTSEORD. The Officer Administering the Government of New Zealand. [Enclosures not printed.]
(New Zealand, No. 39.) My Lord, — Government House, 10th May, 1888. With reference to your Lordship's circular despatch of the 11th Eebruary last, enclosing a copy of a letter from the Board of Trade respecting the question of requiring persons applying for certificates as masters and mates to give up all previous certificates held by them, I have the honour to inform you that the practice recommended in Mr. Gray's letter has been followed in this colony since the year 1880, and that the new form of application (Examination 2) will be adopted as soon as possible. I have, &c, W. F. DRUMMOND JERVOIS. The Right Hon. Lord Knutsford, &c.
Search for Wrecked Crews. (New Zealand, No. 35.) Sir, — Downing Street, 30th July, 1888. I have the honour to transmit to you herewith a copy of a letter from the Admiralty, with its enclosure, giving an account of the search made by the French man-of-war " La Meurthe " for the wrecked crew of the " Tamaris," and relating to the replacement on Hog Island of provisions in the interest of shipwrecked mariners. I have, &c, KNUTSEORD. Governor Sir W. F. D. Jervois, G.C.M.G., C.8., &c.
Enclosure. Sir,— Admiralty, 17th July, 1888. I am commanded by the Lords Commissioners of the Admiralty to transmit, for the perusal of the Secretary of State for the Colonies, extracts from a letter from the commanding officer of the French man-of-war "LaMeurthe," stating that he had replaced the provisions expended by the shipwrecked crew of the " Tamaris " on Hog Island. As the New Zealand Government provided these provisions in the interest of shipwrecked mariners, it will interest you to know that they have been used, and I am to suggest that a copy of the report from the commander of the " La Meurthe " should be communicated to them. I have, &c, The Under-Secretary of State, Colonial Office. Evan Macgregor. Sub-enclosure. Exteait du Rapport du Lieutenant de Vaisseau commandant l'Aviso Transport "La Meurthe" au Capitaine de Vaisseau commandant la Division Navale de l'Ocean Indien. Commandant, — . . . . Mais avant tout je dois vous renseigner sur le but principal de mon voyage, la recherche de treize naufrages francais, et vous informer que j'ai le regret de revenir sans eux. Les naufrages n'etaient plus sur les lies au moment de mon arrivee. Je dis, " n'etaient plus," car ils y ont habite pendant sept mois, et Ton ne s'etait pas trompe au Ministere en supposant qu'il s'agissait de l'cquipage du " Tamaris." Mais il a du perir dans une traversee qu'il a tentee pour se rendre d'une ile a l'autre de l'archipel a moins qu'il n'ait ete recueilli par un navire. Voici maintenant des renseignements absohrment exacts. Je les extrais d'une lettre signee " Majou, Capitaine du 'Tamaris,'" et que j'ai ouvee a l'ile aux Cochons le 2 Decembre : "Le Tamaris," trois mats en fer, de Bordeaux, par une brume epaisse a aborde l'ile des Pingouins le 9 Mars, 1887, a 2 heures du matin. II a coute a environ trois milles.dans le S.S.O. de l'ile, dont l'equipage s'est sauv6, et s'est di-ige, dans deux embarcations, vers l'ile aux Cochons.- Ils l'atteignirent le 11 Mars, n'ayant eu le temps d'emporter de le navire qu'un peu d'eau et 300 livres de biscuits. L'ile aux Cochons presente l'aspect le plus desole qui se puisse imaginer, aussi la joie des naufrages a-t-elle du etre vive lorsqu'ils aperjurent sur cette terre deserte une cabane, et dans la cabane les provisions et les vetements deposes par le navire-de-guerre anglais " Comus " en 1880.
13
A.—l.
Us ont habite l'ile aux Cochons depuis le 11 Mars jusqu'au 30 Septembre. C'est dans cette ile, le 4 Aout, que s'est envole l'albatros au cou duquel l'un des naufrag.s avait suspendu une plaque en fer-blanc portant ces mots ecrits : " Treize naufrages francais sont refugies aux lies Crozet. —4 Aout." L'albatrosrest alle mourir sur la plage de Fremantle (Australie) ou il a ete apercu le 22 Septembre. Mais presqu'au meme moment ou la presence des naufrages etait revelee d'une facon si surprenant, ceux-ci, ayant epuise les vivres de l'ile aux Cochons, se decidaient a se rendre a Piles Possession. Voici textuellement les dernieres lignes attristees que terminent ce billet du Capitaine Majou : " Voyant les vivres diminuer, ces malheureux ont suppose que sur l'ile Possession ils en trouveraient autant qu'ici, ce qui leur permettrait d'attendre Pete oil ils ont l'espoir que quelques navires irennant les recueiller. Ceux qui liront ces lignes sont instamment pries de revenir voir sur l'ile Possession si ces malheureux existent encore, et de donner connaisance de cet ecrit au Consul de France au port ou ils iront.—lle aux Cochons, 30 Septembre, 1887. —Signe, P. Majou." Quand j'eus ce document, je ne doutais plus du succes de mon enterprise. Je savais qu'il y avait des vivres en quantite a l'ile Possession; mais qu'elle ne fut pas ma tristesse lorsque je trouvais intacts a File Possession les vivres deposes par le "Comus" en 1880. Nul n'y avait touche. Par la suite j'ai visite toutes les lies, tous les rochers, et nulle part je n'ai pu retrouver la trace de nos compatriotes. 13 Decembre. —Au jour j'allai mouiller a File aux Cochons, ou j'avais resolu de constituer un depot de provisions. J'ai place dans la cabane, qui est absolument pleine aujourd'hui: 1,020 kilos de conserves de boeuf, 500 kilos de biscuits, 40 kilos de sardines a l'huile, 20 couvertures de laine, 19 paires de souliers-, 15 pantalons de draps—le toute parfaitement emballe dans vingt-sept caisses et trois futs d'habillement. J'ai mis aussi dans la cabane deux piques et deux haches pour servir a tuer les albatros, les pingouins, et surtout les phaques et les elephants de mer. Dans la cabane se trouvaient des marmites et divers ustensils que j'y ai naturellement laisses. A F entree de la cabane, et bien en evidence, j'ai fait suspendre un ecriteau sur lequel est peint en francais et en. anglais Favis suivant: "Ces provisions ont ete deposes par 'La Meurthe' pour servir seulement aux equipages naufrages. Priere aux pecheurs de n'y pas toucher." Richard Fog.
Expenses, Seamen of the "Alexa.'" (New Zealand, No. 44.) Sir, — Downing Street, 19th September, 1888. I am directed by the Secretary of State for the Colonies; to transmit to you, for communication to your Government, a copy of a letter from the Board of Trade upon the subject of expenses incurred by Her Majesty's Government in respect of the steamer "Alexa." I have., &c, ROBERT G. W. HERBERT, Under-Secretary of State for the Colonies. Governor Sir W. F. D. Jervois, G.C.M.G., C.8., &c.
Enclosure. Sir, — Board of Trade, Whitehall Gardens, 14th September, 1888. I am directed by the Board of Trade to transmit to you the enclosed particulars, showing that the sum of £28 Bs. lOd. has been expended by Her Majesty's Government in respect of Thomas Scott andjDavid Thomas, of the "Alexa," and to request you to move the Secretary of State to cause the usual steps to be taken to obtain repayment of these expenses from the Government of New Zealand. A copy of an account of the circumstances under which the seamen became destitute is also enclosed. I have, &c, The Under-Secretary of State, Colonial Office. Allan Stoneham.
Sub-enclosure No. 1. F.—Statement of Expenses incurred by Her Majesty's Government in respect of Thomas Scott and David Thomas, of the " Alexa," O.N. 77,606, of Auckland, New Zealand. Particulars of Expenses at Samoa. —April 29 to June 26, 1887 : Fifty-eight days' boarding for two men, at 4s. per diem, £23 45.; clothing, £5 4s. lOd : total, £28 Bs. lOd. sterling. T. D. Preece, (For Assistant Secretary, Finance Department, Board of Trade.)
Sub-enclosure No. 2. An account of what has occurred since leaving the barque " Alexa" on the 17th April:—■ Apia, 3rd May, 1887. I left the barque " Alexa" on the 17th April, then lying at Canton Island, to go to Enderbury Island in a small steam-launch called the " Islander," taking some provisions for two men on Enderbury Island, with orders _o get an iron mooring-buoy lying on the beach there and tow it back to the ship lying at Canton Island. It was 12 o'clock (noon) when I left the ship, and I expected to make Enderbury Island before dark. I steered east by south from the south-east end of Canton Island, steering myself the whole way. The distance, the captain told me, was thirty
14
A.—l.
miles. At dark I had got no sight of the land. I steamed on till the moon rose, as near as I could judge about 3 a.m. on Monday morning, when I stopped the engines and put sail on the launch, with her head to the northward, and waited for daylight; then, seeing no sign of land, I started to run back, sfteering north-west by west, expecting to reach the north end of Canton Island about 2 p.m. From that time I ran about four miles north, then about eight miles south-west, then about ten miles-north-west, then south till dark. From that time I ran east till next day, when the coal was done. I then got all hands into the boat, heading the boat to the southward on the wind, having variable weather the whole way, the last three days being very squally, arriving here on the 29th. My reckoning from the time I left the ship was—three miles an hour—forty-five miles east by south, having overrun the distance nearly ten miles ; back—five miles and a half per hour^4-forty-three or forty-four miles north-west by west, four miles north, eight miles south-west, ten miles north-west, four miles south, up till dark on Monday night. From that time ran east about fifty miles till leaving the launch. I have done what I considered best for saving the lives of the crew and myself. Thomas Scott, Boatswain of barque " Alexa." These are to certify that the above is a true and faithful copy of its original, existing in the archives of this Consulate. Dated at the British Consulate at Samoa this 30th day of September, 1887. W. H. Wilson, Acting British Vice-Consul.
Sub-enclosure No. 3. British Consulate, Apia, Samoa, 26th June, 1887. This is to certify that wo, Thomas Scott and David Thomas, distressed British seamen, have boarded at the International Hotel, Apia (proprietor, Thomas Meredith), from the 29th April, 1887, to the 26th June, 1887. Thomas Scott. David Thomas. I hereby certify that the above was signed by Thomas Scott and David Thomas in my presence at the British Consulate on the 26th June, 1887. W. H. Wilson, Acting British Vice-Consul.
Sub-enclosure No. 4. Voucher for Clothing. Apia, Samoa, 30th September, 1887. H.B.M. Consul, Dr. to W. McArthur and Company. For clothing supplied to Thomas Scott and David Thomas, ex ship " Alexa," 2nd May, 1887, £5 4s. lOd. Received payment this 30th September, 1887. —W. McArthur and Co., per Fletcher and Spencer. Witness—Thomas Mabin.
Sub-enclosure No. 5. Voucher for Subsistence. Samoa, 30th September, 1887. H.B.M. Consul, Dr. to Mr. Thomas Meredith. For boarding David Thomas, ex ship " Alexa," from 29th April, 1887, to 26th June, 1887, inclusive, fifty-eight days at 4s. per day, £11 12s. Received payment.—Thomas Meredith. Witness—Walter F. Dufty.
(New Zealand, No. 118.) My Lord, — Government House, 7th December, 1888. I have the honour to acknowledge the receipt of your Lordship's Despatch No. 44, of the 19th September last, with a copy of a letter from the Board of Trade respecting the expenses incurred by Her Majesty's Government for the seamen of the barque " Alexa," and in reply to inform you that the sum in question will be refunded to the Board of Trade by the Agent-General for New Zealand in London. I have, &c, W. F. DRUMMOND JERVOIS. The Right Hon. Lord Knutsford, &c.
CONVENTION FOR PROTECTION OF COPYRIGHT, LITERARY, AND ARTISTIC WORKS. (Circular.) Sir, — Downing Street, 29th February, 1888. With reference to my circular despatch of the 18th November last, I have the honour to transmit to you, for information and publication in~the colony under your Government, a copy of an Order of the Queen in Council for bringing into effect, from the 6th December, 1887, the convention for the creation of an International Union for the protection to be given by way of copyright to the
A2, 1888. No. 52.
15
A.—l
16
authors of literary and artistic works, which was signed at Berne on the 9th September, 1886. 2. ,J take this opportunity to point out to you that the Imperial Copyright Acts for engraving and sculpture do not apply to the colonies, and that apparently the Aet of 1862 (25 and 26 Vict., cap. 63), giving copyright in paintings and photographs, does not so apply. I would request your attention to sections 4, 8, 9, 10 of the Act of 1862, which, you will observe, apply to the United Kingdom only, and would invite you to compare the language of section 1 of that Act with the Copyright Act of 1842 (5 and 6 Vict., cap. 45), which (section 29) expressly gives literary copyright throughout Her Majesty's dominions. 3. It would seem, therefore, that, although the effect of section 8 of the Act of 1886 may be to protect the owner of copyright in works of art produced in a colony against piracy in the United Kingdom, he would not be entitled to similar protection in another colony. 4. I have therefore to request that I may be informed at your early convenience whether it is the wush of your Government that legislation should be initiated in the Imperial Parliament for extending to works of art produced in a colony the same privileges of copyright throughout the Empire as are now possessed by literary w Torks produced in a colony. 5. I may indicate the following as a further reason which seems to render it desirable that such legislation should be had : A colonist producing a work of art in a foreign country would, under the convention, appear to bo entitled to such copyright as under the laws of that country would be enjoyed by its subjects; but if that country finds that reciprocal advantages are not obtainable by its subjects in the colonies, it might be inclined to alter its law so as to withdraw these advantages from colonists residing in such country. I have, &c, KNUTSFORD. The Officer Administering the Government of New Zealand. [For enclosure see Neiv Zealand Gazette, 3rd May, 1888, p. 331.]
(New Zealand, No. 38.) My Lord, — Government House, Wellington, 4th May, 1888. I have the honour to acknowledge the receipt of your circular despatch of the 29th February last, respecting the protection of the copyright of works of art produced in the colonies, and in reply to inform you that my Government wishes that, in accordance with the suggestion contained in paragraph 4, legislation should be initiated in the Imperial Parliament for extending to works of art produced in a colony the same privileges of copyright throughout the Empire as are now possessed by literary works produced in a colony. I have, &c, W. E. DRUMMOND JERVOIS. The Right Hon. Lord Knutsford, &c.
TRADE, ETC. Commercial and Industrial Intelligence Branch of Imperial Institute. (Circular.) Sir, — Downing Street, Ist March, 1888. I have the honour to transmit to you a letter from His Royal Highness the Prince of Wales, from which you will learn that steps have been taken to establish, as a branch of the Imperial Institute, a Department for Commercial and Industrial Intelligence. The Prince's letter explains in detail the nature of the information, which it is desired to collect, and I have no doubt that your Government will give its best assistance towards the -attainment of the important objects which His Royal Highness has in view, so that the Imperial Institute may at as early a date as possible be fully provided with such publications and statistics as may worthily illustrate the condition and progress of the colony under your Government. It
A.—l.
will bo observed that the books and documents should be transmitted to the Organizing Secretary of the Imperial Institute. ... I have, &c, KNUTSFORD. The Officer Administering the Government of New Zealand.
Enclosure. Sir, — Imperial Institute, 1, Adam Street, Adelphi, London, W.C., 30th January, 1888. The Organizing Committee of the Imperial Institute is occupying itself, at my suggestion, with the consideration and execution of the measures necessary for establishing one of the branches of that Institute—namely, a Department for Commercial and Industrial Intelligence, which will also deal with the collection and distribution of information relating to emigration and colonisation, and to technical education. One of the first steps which it is necessary to take in organizing this department is to secure the regular and expeditious supply of official and other publications and documents relating to commerce, agriculture, political economy, the natural history and resources of the colonies, of statistical returns, enactments, and official notifications by colonial Governments, cfec, with a view to the development of a comprehensive reference library, already in course of formation, and to the preparation of precis and statistical information for speedy distribution among public bodies, associations, and institutions in the Empire which are connected with commerce, trades, and industries, and with technical education. I entertain the hope that, in view of the importance which attaches to a speedy and effective development of this branch of the Institute, you will feel disposed to move the Governments of the several colonies to afford their valuable aid by authorising the steps necessary for speedily carrying into effect arrangements for collecting and transmitting to the Organizing Secretary of the Institute such works and documents of the nature indicated as can be spared which have been already issued or published, and for their future regular supply to the library of the Institute. I may add that I share with the Organizing Committee the expectation that when the Intelligence Department is fairly at work its operations will prove to be of direct value to the colonial Governments, who, by their prompt and active co-operation in the direction indicated, will have importantly facilitated its establishment and development. I have, &c, The Secretary of State for the Colonies, &c. Albert Edward.
(New Zealand, No. 37.) My Lord, — Government House, Wellington, 4th May, 1888. I have the honour to acknowledge the receipt of your Lordship's circular despatch of the Ist March last, enclosing a letter from His Royal Highness the Prince of Wales relative to the establishment, as a branch of the Imperial Institute, of a Department for Commercial and Industrial Intelligence, and, in reply, to inform you that my Government has given the necessary orders for the transmission of the various documents referred to in His Royal Highness's letter. I have, &c, W. E. DRUMMOND JERVOIS. The Right Hon. Lord Knutsford, &c.
(Circular.) Sir,— Downing Street, 2nd March, 1888. With reference to my circular despatch of the Ist instant, transmitting to you a copy of a letter from His Royal Highness the Prince of Wales respecting the establishment, as a branch of the Imperial Institute, of a Department for Commercial and Industrial Intelligence, I have the honour to acquaint you, with reference to the subjects of emigration, colonisation, and technical education, referred to in the opening part of His Royal Highness's letter, that, as regards the first-named, it is now under consideration whether working relations between the Imperial Institute and the Emigrants' Information Office can be established. It is desirable that all the information now supplied to the latter office should continue to be furnished to it in the same way and to as full an extent as at present. I have, &c, KNUTSFORD. The Officer Administering the Government of New Zealand.
3—A. 1.
17
A.—l.
Meadoio-foxtail Grass Seed. (Circular.) Sir,— ~. Downing Street, Bth March, 1888. I have the honour to transmit to you, for such action, if any, as your Government may consider it desirable to take, a copy of a despatch addressed by Consul Michell to the Marquis of Salisbury, dated St. Petersburg, the 21st February, pointing out that great quantities of meadow-foxtail grass arc grown in Finland, mainly with the object of raising seed from the plant, and that this seed might probably bo purchased on more advantageous terms from direct sources than through German intermediaries. I have, &c, KNUTSEORD. The Officer Administering the Government of New Zealand.
Enclosure. (No. I—Commercial.) My Lord, — St. Petersburg, 21st February, 1888. I am informed by Mr. Ferdinand Frenckell, British Vice-Consul at Abo, that great quantities of the Alopecurus pralensis, or meadow-foxtail grass, are grown in Finland, mainly with the object of raising seed from this plant. It would also appear that the seed is almost entirely sold to Germany, and thence shipped to Australia, where it is said to be in great demand for sowing large areas of meadow and other land on which sheep are pastured. In all probability Australians, as also British exporters of seed, are not aware that meadowfoxtail seed is largely produced in the Grand Duchy, and that they could purchase it from direct sources at, of course, lower prices than those they pay to the German intermediary. It is desirable, therefore, in my opinion, that publicity should be given to the circumstance in the Board of Trade Journal, or in any other manner that may be deemed expedient, in order that our exporters of grassseed and Australian landowners should be able to reap the benefit now apparently gained by German seed-merchants in this particular branch of trade. I have, &c, The Right Hon, the Marquis of Salisbury, E.G., etc. John Michell.
Tariffs and Trade. (Circular.) Sir, — Downing Street, 3rd April, 1888. I have the honour to transmit to you a copy of a " Synopsis of the "Tariffs and Trade of the British Empire," compiled by Sir R. Rawson, K.C.M.G., C.8., President of the Statistical Society, for the Commercial Subcommittee of the Imperial Federation League. Sir R. Rawson has suggested that it would be a great assistance to the Imperial Federation League, which has incurred heavy expense in printing the volume, if your Government would supplement, explain, or correct, as may appear desirable, any of the statements contained in the remarks or the tables. The information so collected could be embodied in an appendix to the second part of the work, upon which Sir Rawson W. Rawson is now engaged. I shall be obliged by your early attention to this request. I have, &c, KNUTSEORD. The Officer Administering the Government of New Zealand.
(New Zealand, No. 77.) My Lord, — Government House, Wellington, 20th August, 1888. With reference to your Lordship's circular despatch of the 3rd April last, forwarding a copy of Sir R. Rawson's " Synopsis of the Trade and Tariffs of "the British Empire," and suggesting that the information therein should be corrected by the Colonial Government, I have the honour to inform you that my Government, looking to the great changes wrought in the tariff of this colony by " The Customs and Excise Duties Act, 1888," consider it preferable to send two copies of that Act, and of the latest statistics of the trade and interchange of the colony, rather than attempt the correction of the synopsis. I have, &c, W. F. DRUMMOND JERVOIS. The Right Hon. Lord Knutsford, &c.
18
A.—l.
Infected Stock. (New Zealand, No. 21.) Sir, — m Downing Street, 14th May, 1888. I have the honour to transmit to you, for information of your Ministers, copies__ two letters from the Council Office drawing attention to the action of the Governments of New South Wales and South Australia as regards the importation or introduction into those colonies of foreign stock, and the reason which will oblige the Lords of the Council to decline permission to land animals from infected countries for reshipment. ■I request that I may be informed whether any regulations similar to those made by the Governments of New South Wales and South Australia have been issued by the colony under your Government. I have, &c, KNUTSFORD. Governor Sir W. F. D. Jervois, G.C.M.G., C.8., &c.
Enclosure No. 1. Agricultural Department, Privy Council Office, Sir,— 44, Parliament Street, S.W., 10th May, 1888. Referring to my letter No. 97,820, of the Ist instant, on the subject of the Proclamation of the Government of New South Wales regulating the importation or introduction into that colony of cattle and sheep, I am directed to state that it has been ascertained that the colony of South Australia has also made a regulation to the effect that " all animals intended to be imported into the Province of South Australia must be shipped at the Port of London, in England, and all such animals intended to be shipped from any place beyond Great Britain must be landed and kept within the limits of the United Kingdom for at least fourteen days before being shipped for Adelaide." Under these circumstances I am directed to request that you will have the goodness to move Lord Knutsford to cause a similar communication to be made to the Government of South Australia as their Lordships desired should be made to the Government of New South Wales, as stated in my letter before alluded to. I am also directed to state that the Lords of the Council would be glad if inquiry could be made as to whether any other of the Australian Colonies have made similar regulations. I am, &_., The Under-Secretary of State, Colonial Office. C. L. Peel.
Enclosure No. 2. Agricultural Department, Privy Council Office, Sir, — 44, Parliament Street, Westminster, S.W., Ist May, 1888. The attention of the Lords of the Council has been drawn to the Proclamation of the Government of New South Wales on the subject of the importation or introduction into that colony of foreign stock and things, which appears in the London Gazette of the 24th ultimo. With respect to that part of the Proclamation which prohibits the importation or introduction into that colony of cattle and sheep from all countries and colonies except from Great Britain unless such cattle or sheep shall have been fourteen days in Great Britain, I am directed to request that you will have the goodness to move Lord Knutsford to cause a communication to be made to the Government of New South Wales pointing out that considerable risk is incurred by this country in allowing the landing of animals from infected foreign countries for reshipment to the colonies, and that for the future their Lordships will feel bound under the circumstances to decline permission to land animals from those countries for reshipment. I am, &c, The Under-Secretary of State, Colonial Office. C. L. Peel.
(New Zealand, No. 100.) My Lord, — Government House, 29th September, 1888. With reference to your Lordship's Despatch No. 21, of the 14th May last, asking if any regulations similar to those in force in New South Wales and South Australia respecting the importation of foreign stock exist in this colony, I have the honour to enclose a copy of a memorandum, with enclosures, which I have received from my Government on the subject. From these it will be seen that no regulations such as those objected to by Her Majesty's Government exist in this colony. The importation of foreign stock was until recently absolutely prohibited ; but under the new regulations issued by Order in Council of the _25 1_ instant this prohibition is relaxed under certain conditions in favour of Great Britain and Ireland and the Australian Colonies, including Fiji. I have, &c, W. F. DRUMMOND JERVOIS. The Right Hon. Lord Knutsford, &c.
19
A.—l.
Enclosure. Memorandum for His Excellency the Governor. No such regulation as that objected to by the Lords of the Council has ever been in force in New Zealand, and until recently the importation of foreign stock has been absolutely prohibited. It has now, however, been decided to remove the prohibition, and stock may be admitted from Great Britain and Ireland subject to quarantine on arrival. Copies of the regulations are attached. George Fisher, (For Premier.) [For sub-enclosure see New Zealand Gazette, 20th September, 1888.]
Trade behoeen the Colony and Foreign Countries. (Circular.) Sir, — Downing Street, 2nd July, 1888. I have the honour to enclose a copy of an order of the House of Lords for a return showing, as far as practicable, the gross amount of trade between India and each of the colonies on the one hand, and certain foreign countries on the other; and I have to request that you will furnish me as soon as you can with the de,.ired statement as to the trade between the colony under your Government and each of the foreign countries named in the order. I have, &c, KNUTSFORD. The Officer Administering the Government of New Zealand.
Enclosure. Die Jovis, 21° Junii, 1888. Ordered by the Lords Spiritual and Temporal in Parliament assembled: That an humble address be presented to Her Majesty, to request that Her Majesty will be graciously pleased to order that there be laid before this House return showing, as far as practicable, the amount of trade between India and each of the colonies on the one hand, and the following countries—Ecuador, Greece, Italy, Montenegro, Paraguay, Portugal, Roumania, Salvador, Servia, Uruguay—during the year 1886. Henry Graham, Cler. Parliamentor.
(New Zealand, No. 85.) My Lord, — Government House, 31st August, 1888. With reference to your Lordship's circular despatch of the 2nd of July, I have the honour to enclose returns showing; the amount of trade during the year 1886 between New Zealand on the one hand and the following countries on the other: viz., India, Ecuador, Greece, Italy, Montenegro, Paraguay, Portugal, Roumania, Salvador, Servia, and Uruguay. I have, &c, W. F. DRUMMOND JERVOIS. The Right lion. Lord Knutsford, &c.
Scotch-cured Fish. (Circular.) Sir, — Downing Street, 17th July, 18?8. I have the honour to inform you that I have received, through the Secretary for Scotland, a request from the Fishery Board for Scotland for information as to the best means of increasing the demand for Scottish-cured herrings and other fish in the colonies, the Board being of opinion that, in the present condition of the fish-curing industry, every effort should be made to push the foreign trade, and, if possible, to open out new markets. I request that you will be good enough to obtain and transmit to me such information on the subject as is likely to be of service to the Board, as regards the colony under your Government. I have, &c, KNUTSFORD. The Officer Administering the Government of New Zealand.
20
A.—l.
(New Zealand, No. 105.) My Lord, — Government House, Wellington, 9th October, 1888. .r. I have the honour to acknowledge the receipt of your circular despatch of the 17th July last, asking as to the prospect of opening up a market for Scotch-cured fish in this colony, and in reply to enclose a copy of a memorandum which I have received from the Premier on the subject. I agree with Sir Harry Atkinson that New Zealand, though her fishing industries are yet undeveloped, is more likely to enter into competition with Scotland than furnish a market for Scottish-cured fish. I have, &c, W. F. DRUMMOND JERVOIS. The Right Hon. Lord Knutsford, &c.
Enclosure. Memorandum for His Excellency, The Premier respectfully submits that, with our own magnificent deep-sea fisheries and the fact that we have spent large sums in the introduction of non-indigenous fish, it is not the policy of the New Zealand Government to encourage the introduction of Homo-cured fish, but in every way possible to encourage the fish-curing industry in the colony. The quantity of cured fish imported from the United Kingdom during the year 1887 was only 1,776cwt., valued at £2,850, and the Premier anticipates that ere long the colony will be in a position to export this article of food. Premier's Office, Wellington, 4th October, 1888. H. A. Atkinson, Premier.
The German-Australian Steamship Company. (Circular.) Sir, — Downing Street, sth September, 1888. I have the honour to transmit to you, for the information of your Government, a copy of a despatch which has been received at the Eoreign Office from Her Majesty's Consul-General at Hamburg, reporting that a new line of steamships would shortly be established to run between that port and Australia, under the title of "The German-Australian Steamship Company." I have, &c, KNUTSFORD. The Officer Administering the Government of New Zealand.
Enclosure. (No. 26—Commercial.) My Lord, — Her Majesty's Consulate-General, Hamburg, 18th August, 1888. I have the honour to report to your Lordship that the ocean lines of steamships belonging to Hamburg are shortly to be increased by the establishment of a new line, to run between Hamburg and Australia, under the title of "The German-Australian Steamship Company." The capital of the new company is fixed at £200,000. It is expected by this undertaking that the trade with Australia, which amounted in 1887, exports and imports together, to 53,940 tons, will be further developed by thus bringing the two countries into more direct relations with each other, and that the shipments now forwarded by way of Bremen, to be carried by the North German Lloyd, will go direct from Hamburg. The traffic is to be carried on by two large steamers, which it is stated are to be built for the purpose; but I have not learnt whether any orders for their construction have been placed yet. I think it probable, however, that purchases of new vessels to commence with may be made. By this new line another advantage to German trade has been considered, for German goods now finding their way to Australia through England encounter the operation of the Merchandise Marks Act which undoubtedly has told adversely, will by direct importation avoid the working of the Act—.at least until such time as the colonies have adopted it. I have, &c, The Right Hon. the Marquis of Salisbury, K.G., &c. Charles S. Dundas.
SUGAR BOUNTIES CONVENTION. Telegram from the Secretary of State. Received 22nd March, 1888. Find misconception exists as to my despatch sugar bounties, 31st December. Wished to convey that your Government should acquiesce in view expressed in draft convention signed 19th December by all Power's represented, that in the event of bounties on sugar existing in your colony as drawback or otherwise, such bounty should be abolished. This need not entail, as may have been erro-
21
A.—l.
neously supposed, abolition of sugar duties. No such change suggested by convention, but merely abolition of bounty on sugar exported either as drawback or bounty on ..manufactured or refining. Greatest importance get favourable reply to this before reassembling of Conference, either by absolute assent or promise of most favourable consideration by Government.
Telegram to the Secretary of State. 26th March, 1888. Referring to your despatch of 31st December, Government here acquiesce in view expressed in draft convention that no bounties on sugar grown in the colony shall be given by way of drawback or otherwise.
(New Zealand, No. 12.) Sir,— Downing Street, 12th April, 1888. I have the honour to acknowledge the receipt of your telegram of the 26th ultimo informing me of the decision of your Government respecting entrance into the draft convention of the 19th December last for the abolition of sugar bounties. At the close of the sittings of the International Conference I shall be in a position to address you more fully on this subject. Meanwhile I have to express my satisfaction that your Government is so ready to aid Her Majesty's Government by giving its adhesion to the convention, as far as lies in its power. I have, &c, KNUTSFORD. Governor Sir W. F. D. Jervois, G.C.M.G., C.8., &c.
Telegram from the Secretary of State. 31st August, 1888. Sugar Convention Signed.
MR. BRYCE AND SIR ARTHUR GORDON. (New Zealand, No. 29.) My Lord, — Government House, Wellington, 26th March, 1888. I have the honour to transmit herewith a memorandum from Sir H. A. Atkinson, Premier of New Zealand, forwarding a communication addressed to him A2,1888, by the Hon. J. Bryce with reference to your Despatch No. 52, of the 15th No. 34. A u g US t last. I should mention in regard to the latter part of the first paragraph of Sir 11. A. Atkinson's memorandum that it refers to the fact that Chief Justice Sir J. Prendergast, who was acting as my deputy during my absence in Sydney, was himself concerned in a disagreement with Sir Arthur Gordon, and my Ministers did not wish to send the enclosed papers through him. I have, &c, W. F. DRUMMOND JERVOIS. The Right Hon. Lord Knutsford, &c.
Enclosure. Memorandum for His Excellency. The Premier has the honour to forward to His Excellency, for transmission to the Secretary of State for the Colonies, the attached letter, which has been handed to him for that purpose by the Hon. John Bryce, lately Minister of Native Affairs in this colony. The letter, it will be seen, is dated the Bth January, and the Premier wishes to explain the causes of the delay in forwarding it to His Excellency. When the letter was received by the Premier he was desirous of submitting the question to a meeting of the Cabinet, which, owing to Ministers' absence from Wellington, was not possible before His Excellency had left for Sydney; and the Premier considered it advisable to retain the letter, with the opinion of the Cabinet, until His Excellency's return. The Premier has now respect|ully to inform His Excellency that the Cabinet has given careful consideration to the letter which is now forwarded, and to the previous correspondence. Ministers wish to express their great regret at the decision of Sir Henry Holland that the circumstances of the case are not such as to require any interference on his part. They are of opinion that this is a matter which cannot possibly be treated by them as a merely personal one between Mr. Bryce
22
A.—l.
and Sir Arthur Gordon, and that it is incumbent upon them, as guardians of the public interests in this colony, to respectfully bring the question again to the notice of the Secretary of State. Ministers do not wish now to recapitulate the causes of complaint against Sir Arthur Gordon, but the'^ would respectfully request the Secretary of State's attention to certain passages in the addresses by Sir Henry James and Sir E. Webster to the jury, and the summing-up of Baron Huddleston at the trial lately in London of the action for libel, Bryce versus Busden, in the Queen's Bench Division of the High Court of Justice, which passages occur at the pages (as in margin),* and are marked in a copy of the book containing a report of that trial which is forwarded herewith for the information of the Secretary of State. Ministers submit that these passages show not unfairly the impression which has been produced on the public mind by the conduct of Sir Arthur Gordon of which they now complain. Ministers would urge upon the consideration of the Secretary of State that the Governor of the colony is for all purposes the representative in the colony of Her Majesty's Government, and that the cordiality of the relations between Her Majesty's Government and the people of the colony must always be considerably affected by the respect and confidence which the Governor appointed by Her Majesty may inspire in the people of the colony ; that conduct such as that of Sir Arthur Gordon is destructive of that respect and confidence ; that the facts of this case have become notorious, not only in New Zealand, but throughout Australia; and that if it should become widely known that Her Majesty's Government consider that such conduct in a Governor appointed by them can be passed over by them without rebuke, and that that Governor continues, notwithstanding such conduct, in high favour, and still holds the office of Governor in an important colony, an impression, however groundless, will be created, not only in New Zealand but throughout Australia, that Her Majesty's Government are careless of the maintenance of those cordial relations which have hitherto subsisted between the Mother-country and the colonies. Ministers would therefore respectfully urge upon the Secretary of State that he should reconsider his decision in this matter, and mark in some adequate manner the disapproval of Her Majesty's Government of the conduct of Sir Arthur Gordon. Premier's Office, Wellington, 24th March, 1888. 11. A. Atkinson.
Sub-enclosure. Sir, — Wanganui, Bth January, 1888. I have the honour to acknowledge that His Excellency Sir William Jervois has informed me of the terms of your reply to a communication I had the honour to address to your predecessor, in reference to certain conduct of Sir Arthur Gordon when that gentleman was Governor of New Zealand. I regret to understand that you are of opinion that the circumstances of the case are not such as to require interference on your part. Sir Arthur Gordon, while representing the Queen in New Zealand, and while I was sitting with him as one of his Ministers in his own Council Chamber, secretly, deliberately, and falsely endeavoured to destroy my private character in a manner which I hope has been rarely attempted. Had he believed the slander which he circulated to be true, he should have refused to allow me to sit in the same room with him if, after opportunity given, I could not have cleared myself from the foul charge. This he did not do, but he wrote a private letter to a man who was writing a book on New Zealand affairs, so that there might be published of me the statement that I had " cut down women and children with glee and with ease." The whole force of the letter was due to the position he held as the Queen's representative, and he wrote it hoping that for all time my name would remain thus horribly branded, and that his name, as the author of the atrocious statement, would be for ever concealed. If, in the exercise of your discretion, Sir Arthur Gordon were sent back to New Zealand to represent Her Majesty as Governor of this colony, how could it be expected, after this evidence of his treachery, that respectable politicians would consent to sit in his Council ? That such a condition of things should be regarded with indifference by the Secretary of State for the Colonies, or that it should be deemed a merely personal quarrel between Sir Arthur Gordon and me, is, to my mind, simply amazing. Sir Arthur Gordon has probably many friends, yet I have never known this conduct of his defended by any of them, or even any excuse offered for it. It is true that Her Majesty's Government may be said to defend it, or even to adopt it; for, with the full knowledge of the circumstances, continued and special favour has been shown to the officer whose conduct, in the opinion of many, has been most unworthy of his position. There is, unfortunately, no reason to suppose that the slightest hint of disapproval or censure has ever been given by Government to Sir Arthur Gordon ; but approval of such conduct as he indulged in, I am glad to believe, cannot extend beyond an extremely narrow official circle. The opinion you have expressed in the despatch quoted, that interference on your part in the circumstances of the case is unnecessary, will, I venture to think, cause considerable astonishment wherever those circumstances are known, and what degree of dishonour on the part of a colonial Governor would justify interference by the Secretary of State will be a matter of curious speculation. When the time comes in the colonies to inquire why Governors are appointed, and what their conduct should be, your decision in this particular case will be read and discussed with considerable interest. Meanwhile I have to determine how far lam in honour compelled to enter on another course of expensive and wearying litigation in search of that justice from an English jury which has been denied me by Her Majesty's Minister. I have, &c, John Bryce. The Right Hon. Sir Henry Holland, Secretary of State for the Colonies, London.
* Sir H. James, pp. 426-7, 428-9, and 435. Sir R, Webster, p. 400. Baron Huddleston, pp. 481 and 485-7.
23
A.—l.
(New Zealand, No. 36.) Sir, — Downing Street, Bth August, 1888. •4 have to acknowledge receipt of your Despatch No. 29, of the 26th March, forwarding a memorandum from the Premier covering a communication addressed to him by Mr. J. Bryce with, reference to my despatch of the 15th August last on the subject of the case of Bryce versus Rusden. 2. I have carefully considered the representations of your Ministers, and I have read with attention the passages to which they refer in the report of the action Bryce versus Rusden. The observations of the counsel engaged in the case necessarily cannot be taken as impartial, and it is to be noticed that throughout his references to Sir Arthur Gordon the presiding Judge cast no censure upon that Governor. I fully accept, however, the proposition of your Ministers that the Governor should command the respect and confidence of the people of the colony over which he presides; and the inference would indeed be groundless that Her Majesty's Government are careless of the maintenance of the cordial relations which have hitherto subsisted between the Mother-country and the colonies because Sir Arthur Gordon is now employed, at a great distance from New Zealand, in another Government. 3. I desire to express my sympathy with Mr. Bryce, and my satisfaction at finding that he has so entirely cleared his character from the painful charges brought against him, and I wish it to be fully understood that Her Majesty's Government have not, as is apparently supposed, at any stage expressed approval of the conduct of Sir Arthur Gordon in this matter. 4. It has throughout been felt that the course taken by Mr. Bryce for the purpose of disproving the imputations which had been made against him was the right one, and that it would have been irregular for Her Majesty's Government to inquire into the unofficial acts of a person who had not been made a party in the case. Ido not think, therefore, that any good would result from my now expressing an official opinion upon acts which were done so long ago as 1882 by the then Governor, and which in 1886 were brought under the notice of a Court of law. lam the more confirmed in this view by the fact that one of my predecessors, who had the subject fully before him while it was still recent, did not think it necessary to take any action in the matter. 5. In these circumstances I must adhere to the decision which I announced in the House of Commons in August last. I have, &c, Governor Sir W. F. D. Jervois, G.C.M.G., C.8., &c. KNUTSFORD.
CONSTITUTION OF COLONIAL EXECUTIVE AND OF REPRESENTATIVE ASSEMBLIES. (Circular.) Sir,— Downing Street, 26th March, 1888. I have the honour to transmit to you a copy of a resolution of the House of Commons for a return, moved for by Mr. Francis Stevenson, showing the constitution of the Executive in each colony, and, in the case of colonies having Representative Assemblies, the constitution of those Assemblies, the number of members; the number of electors, and the qualifications requisite for members and electors, and I have to request that you will be good enough to supply, at your earliest convenience, a memorandum giving the information desired for this return, so far as it is applicable to the colony under your Government. It would be very useful and convenient to show concisely in the same return the constitution, number of members, and conditions of tenure of the legislative body or bodies of each colony, and, in those cases in which the Chamber is wholly or partly elective, the qualifications for members and electors, and I have to request that you will add to your memorandum so much of this information as is not covered bv the terms of the resolution. I have, &c, KNUTSEORD. Governor Sir W. F. D. Jervois, G.C.M.G., C.8., &c.
24
25
A.—l
Enclosure. House of Commons, Friday, 9th March, 1888. BesolvedfTh&t an humble address be presented to Her Majesty that she will be graciously pleased to give directions that there be laid before this House a return showing the constitution of the Executive in each colony, and, in the case of colonies heaving Representative Assemblies, the constitution of those Assemblies, the number of members, the number of electors, and the qualifications requisite for members and for electors. Ordered, That the said address be presented to Her Majesty by such members of this House as are of Her Majesty's Honourable Privy Council. Reginald F. D. Palgrave, Clerk, House of Commons.
(New Zealand, No. 58.) My Lord, — Government House, Wellington, 20th June, 1888. With reference to your circular despatch of the 26th March last, forwarding copy of a resolution of the House of Commons for a return showing the Constitutions of the colonies, I have the honour to transmit herewith a copy of a memorandum which I have received from the Premier furnishing the desired information. I have, &c, W. F. DRUMMOND JERVOIS. The Right Hon. Lord Knutsford, &c.
Enclosure. Memorandum for His Excellency. In compliance with the request conveyed in circular despatch from the Right Hon. the Secretary of State for the Colonies dated the 26th March, the Premier has the honour to submit a statement of the constitution of the Executive in this colony, and also of the General Assembly. The Executive Council is constituted under the Letters Patent, passed under the Great Seal of the United-Kingdom, constituting the office of Governor of New Zealand, dated at- Westminster the 22nd February, 1879, and there has not been any legislation on the subject in the colony. The authority for the constitution of the General Assembly of New Zealand is contained in the Constitution Act (15 and 16 Vict., cap. 72), section 32, which enacts that "there shall be within the Colony of New Zealand a General Assembly, to consist of the Governor, a Legislative Council, and House of Representatives. The members of the Legislative Council, not being less than ten, are summoned by the Governor in Her Majesty's name, under the same authority (section 33). At present the number of members is forty-five, of whom two are of the aboriginal native race. At present the House of Representatives consists of ninety-five members, four of whom represent Maori constituencies under authority of " The Maori Representation Act, 1867," and its amendments; but, as provided by "The Representation Act Amendment Act, 1887," the number after the determination of the present General Assembly will be reduced to seventy-four, inclusive of the Maori representatives. The number of names on the electoral rolls at the last general election, in 1887, was 175,410, and the qualifications of members and electors are as follows : — For the General Assembly. —Any male person, being either a natural-born or a naturalised subject of Her Majesty, and being of the full age of twenty-one years, may, unless specially disqualified, be elected a member of the House of Representatives. For Electors. —Every man of the age of twenty-one years or upwards, having of his own right and not as a trustee a freehold estate in possession, situate within the electoral district for which he desires to be registered, of the value of £25, or every man of the age of twenty-one years or upwards who has resided for one year in the colony and in the electoral district for which he claims to vote during the six months preceding the registration of his vote; and in the case of aboriginal natives, every male Maori of the age of twenty-one years and upwards whose name is enrolled upon a ratepayers' roll within the electoral district for which he claims to vote, or who is seised in severalty of a freehold estate of the value of £25. For Maori Electoral Districts. —Every male aboriginal native inhabitant of the colony, and every male half-caste, of the age of twenty-one years or upwards who shall not at any time have been attainted or convicted of treason, &_., is entitled to vote for a member for the Maori electoral district in which he resides. T. W. Hislop, Colonial Secretary, Premier's Office, Wellington, 18th June, 1888. (For the Premier.)
GOVERNOR'S SALARY ACT. (New Zealand —No."11.) Sir, — Downing Street, 2nd April, 1888. I have received, in your Despatch No. 6, of the 14th January, a Bill passed by the Legislature of New Zealand, and entitled "An Act to amend {The 4—A. 1.
A.—l.
"Governor's Salary and Allowances Act, 1873'" (No. 45 of 1887), which you have reserved for the signification of Her Majesty's pleasure. There- is no necessity for coming to an immediate decision, and before determining what advice I should tender to the Queen upon the measure in its present s_ape I desire to bring before the Government and Legislature of the colony some considerations which appear to deserve attention in connection with its provisions. In 1873, the year in which the salary and allowances of the Governor were fixed at their present rate, the population of New Zealand was under 300,000 : it is now about double that number. The ordinary revenue was then about £1,500,000: it is now about £3,000,500. Moreover, there has been a great increase in the number of travellers whom it is desirable that the Governor should be able to entertain; and the withholding in New Zealand of those hospitalities which are extended to visitors by the Governors of other colonies would not be advantageously accounted for by the explanation that the colony has withdrawn the means of entertaining them, and it would be concluded that the finances of the colony are seriously impaired. The proposed reduction has already, I understand, been to some extent looked upon by persons interested in New Zealand property and investments as an indication that extreme retrenchment has become imperative, and not (as was obviously intended) as a declaration that there should be no exception to the general curtailment of emoluments. There is, I may add, an increasing difficulty in obtaining for colonial Governorships of the first rank the services of men of high standing who are Avilling and able to defray from their private resources a large part of the unavoidable expenses of the position. I feel confident that neither your Advisers nor the General Assembly will misapprehend the reasons which induce me to believe that it will be for the credit and advantage of the colony to reconsider the provisions of the^reserved Bill. If, after weighing what I have written, they still think it necessary to reduce the emoluments of the Governor, they may be confident that Her Majesty's Government will use their best efforts, when the occasion arises, to discharge the duty, which will have become a difficult one, of selecting a Governor well qualified in all respects to fulfil the duties attached to this post. I have, &c, KNUTSFORD. Governor Sir W. F. D. Jervois, G.C.M.G., C.8., &c.
(New Zealand, No. 88.) My Lord, — Government House, Wellington, 4th September, 1888. With reference to your Lordship's Despatch No. 11, of the 2nd of April last, on the subject of "The New Zealand Governor's Salary and Allowances Amend- " ment Act, 1887," I have the honour to enclose a copy of a memorandum which I have received from the Premier, Sir H. Atkinson, stating that for certain reasons it had not been thought advisable to lay that despatch before Parliament, and urging that Her Majesty's Government should advise Her Majesty to assent to the Act. While indorsing the recommendation of the Premier, I still have hopes that at no distant date circumstances may enable the Governor of New Zealand to submit to Parliament proposals more in accordance with the views expressed by vour Lordship. I have, &c, W. F. DRUMMOND JERVOIS. The Right Hon. Lord Knutsford, &c.
Enclosure. Memorandum for His Excellency. Ministers beg to return the despatch addressed to His Excellency by the Secretary of State, No. 11, dated the 2nd April, 1888, and transmitted to them on the 19th May. Ministers respectfully inform His Excellency that it has appeared to them inadvisable to lay that despatch before Parliament. They feel sure that, under present circumstances, when the salaries of public functionaries, including those of Ministers, and the honorarium of members of the Legislature have been considerably reduced, it would be unwise to raise any question relating to
26
A.—l.
the Act for determining the emoluments of the successor to His Excellency in the office of Governor of New Zealand. Meanwhile they strongly advise that the Act to amend " The Governor's Salary and Allowances Act, 1873," should be assented to by the Imperial Government. Preiser's Office, Wellington, 4th September, 1888. H. A. Atkinson, Premier.
Telegram to the Secretary of State from the Governor of New Zealand. 18th September, 1888. Government here state impossible to reconsider Bill passed last year for reduction of salary and allowances of next Governor of New Zealand. Despatch left by mail of Bth September.
Telegram from Secretary of State. 30th October, 1888. Your Despatch No. 88 received. I will advise Her Majesty to assent to Bill.
(New Zealand, No. 50.) Sir, — Downing Street, 2nd November, 1888. In my telegram of the 26th ultimo I informed you that I should advise Her Majesty to assent to "The New Zealand Governor's Salary and Allowances " Bill, 1887." 2. The draft Order in Council assenting to the Bill will be submitted to Her Majesty in due course. 3. I can quite understand that, in the present state of the finances of the colony, and bearing in mind the reduction of incomes throughout the Service, there should be a desire on the part of the Government that the emoluments of the Governor should be diminished in proportion. At the same time, it is expedient that the hospitality of Government House, and the practice which former Governors have followed of travelling to visit the various towns, should be subject to like modification, as it would not be reasonable to expect that the Governor should travel or exercise hospitality to the same extent as if the allowances now repealed were granted. 4. I trust, however, that, as soon as the circumstances of New Zealand will allow, the Government of the colony will take steps to restore the emoluments of the Governor to their previous footing. 5. Before this despatch reaches you I hope to be in a position to communicate to you, by telegraph, the name of your successor and the date when he will arrive in the colony. I have, &c, KNUTSFORD. Governor Sir W. F. D. Jervois, G.C.M.G., C.8., &c.
(New Zealand, No. 60.) Sir, — Downing Street, 28th November, 1888. With reference to my Despatch No. 50, of the 2nd instant, I have the honour to transmit to you, for communication to your Government, the Order of Her Majesty in Council assenting to the Bill passed by the Legislature of New Zealand and reserved by you for the signification of Her Majesty's pleasure, entitled " An Act to amend 'The Governor's Salary and Allowances Act, 1873,' " a transcript of which was forwarded in your Despatch, No. 6, of the 14th January last. . I have, &c, KNUTSFORD. Governor Sir W. F. D. Jervois, G.C.M.G., C.8., &c.
Enclosure. At the Court at Windsor, the 17th day of November, 1888. Present: The Queen's Most Excellent Majesty, Lord President, Marquess of Lothian, Sir Henry Ponsonby, Mr. Robertson. - . , Whereas by an Act passed in the session held in the fifteenth and sixteenth years of Her Majesty's reign, entitled " An Act to grant a Representative Constitution to the Colony of New Zealand," it is, amongst other things, declared that no Bill which shall be reserved for the signification of Her Majesty's pleasure thereon shall have any force or authority within the Colony of New Zealand
27
A.—l.
until the Governor of the said colony shall signify, either by speech or message to the Legislative Council and House of Eepresentatives of the said colony, or by Proclamation, that such Bill has been laid before Her Majesty in Council, and that Her Majesty has been pleased to assent to the same: Aryl whereas a certain Bill passed by the Legislative Council and House of Eepresentatives of the said colony, entitled "An Act to amend 'The Governor's Salary and Allowances Act, 1873,' " was presented to the Officer administering the Government of the said colony for Her Majesty's assent : "And whereas the said Bill was reserved by the said Officer for the signification of Her Majesty's pleasure thereon : And whereas the said Bill so reserved as aforesaid has been laid before Her Majesty in Council, and it is expedient that the said Bill should be assented to by Her Majesty: Now, therefore, Her Majesty, in pursuance of the said Act, and in exercise of the power thereby reserved to Her Majesty as aforesaid, doth by this present Order, by and with the advice of Her Majesty's Privy Council, declare her assent to the said Bill. C. L. Peel.
COLONIAL PROBATES. (Circular.) Sir, — Downing Street, 24th April, 1888. I have the honour to transmit to you herewith a copy of a draft of a Bill to provide for the recognition in the United Kingdom of probates and letters of administration granted in British possessions, together with a copy of an explanatory memorandum by the Parliamentary Counsel. The resealing of colonial probates was one of the subjects discussed at the Colonial Conference (C. 5,091, pp. 75, 76), and I shall be glad to receive any observations of your Government upon this Bill, which has been prepared for dealing with the matter. I have, &c, KNUTSEORD. The Officer Administering the Government of New Zealand.
(New Zealand, No 111.) My Lord, — Government House, Wellington, 25th October, 1888. With reference to the correspondence noted in the margin, I have the honour to enclose a copy of a memorandum which I have received from the Premier on the subject of the Colonial Probates Bill. I have, &c, W. E. DRUMMOND JERVOIS. The Right Hon. Lord Knutsford, &c.
Enclosure. Memorandum for His Excellency. Premier's Office, Wellington, 25th October, 1888. The Premier begs to return the circular despatch from the Secretary of State for the Colonies dated the 24th April last, and to state that Ministers consider the proposed Colonial Probates Bill would be of advantage to the colony. A similar Bill would be required to be passed in the colony in respect of probates and letters of administration granted in the United Kingdom, and a Bill will be prepared, in anticipation of the Act of the Imperial Parliament, for presentation to the New Zealand Parliament. H. A. Atkinson, Premier.
CONSULAR APPOINTMENTS. Appointment of Mr. Fisher as Italian Consul. (New Zealand, No. 34.) My Lord, — Government House, 28th April, 1888. I have the honour to report that, on the application of M. G. Branch!, Consul for Italy at Melbourne, I have provisionally recognised the appointment of Mr. George Fisher to act as Consular Agent for Italy at Wellington, in the room of Mr. Charles J. Johnston, resigned, until Mr. Fisher's name shall have been submitted to the Imperial Government for the exequatur. I have, &0., W. F. DRUMMOND JERVOIS, The Right Hon. Lord Knutsford, &c,
28
A.—l.
(New Zealand, No. 20.) Sir, — Downing Street, 18th June, 1888. _ I have the honour to acknowledge the receipt of your Despatch No. 34, of the 28th April, reporting that, on the application of the Italian Consul at Melbourne, you had provisionally recognised Mr. George Fisher as Consular Agent for Italy at Wellington. Application for this appointment has now been made to Her Majesty's Government in the usual manner by the Italian Charge d'Affaires at this Coiarf, and I have to request that you will definitely recognise Mr. Fisher in his consular capacity, and report to me when you have done so. I have, &c, KNUTSFORD. Governor Sir W. F. D. Jervois, G.C.M.G., C.8., &c.
(New Zealand, No. 80.) My Lord, —• Government House, Wellington, 28th August, 1 888. With reference to the correspondence noted in the margin, respecting U\e appointment of Mr. Fisher as Consular Agent for Italy at Wellington, I have the honour to report that I have definitely recognised Mr. Fisher in his consular capacity. I have, &c, W. E. DRUMMOND JERVOIS. The Right Hon. Lord Knutsford, &c.
Appointment of Mr. H: Simms, at Christchurch, to act as Consul for Germany. (H/l, No. 19.) Sir, — Downing Street, Ist May, 1888. I am directed by the Secretary of State for the Colonies to acquaint you that an application has been received from the German Ambassador at this Court for the issue of an exequatur to Mr. Henry Simms, a merchant resident at Christchurch, New Zealand, to enable him to act as Consul for Germany in that city. As this gentleman appears to be resident in the colony under your Government, I am to request you to report whether you are aware or not of any objection to his appointment, and if not you will recognise him provisionally in that capacity until the arrival of the exequatur. I have, &c.j ROBERT G. W. HERBERT. The Officer Administering the Government of New Zealand.
(New Zealand, No. 61.) My Lord, — Government House, Wellington, 22nd June, 1888. With reference to your Despatch No. 19, of the Ist ultimo, I have the honour to inform you that I am not aware of any objection to the appointment of Mr. Henry Simms, a merchant resident at Christchurch, in this colony, to act as Consul for Germany in that city, and that I have therefore, in accordance with your instructions, recognised him provisionally in that capacity until the arrival of the exequatur. I have, &c, W. E. DRUMMOND JERVOIS. The Right Hon. Lord Knutsford, &c.
(New Zealand, No. 342.) Sir, — Downing Street, sth September, 1888. I am directed by the Secretary of State for the Colonies to.inform you, with reference to your Despatch No. 61, of the 22nd June, that the Queen's exequatur empowering Mr. William Henry Simms to act as German Consul at Christchurch, New Zealand, received Her Majesty's signature on the 30th
29
A.—l.
August, and that the notification of Her Majesty's approval of this appointment appeared in the Gazette of the 31st ultimo. ••> I have, &c, ROBERT G. W. HERBERT. The'Officer Administering the Government of New Zealand.
Le Vicomte de Jouffroy d'Abbans Chief French Consular Officer in Neiv Zealand. (New Zealand, No. 79.) My Lord, — Government House, Wellington, 28th August, 1888. I have the honour to report that, on the application of le Vicomte de Jouffroy d'Abbans, Vice-Consul for France in Wellington, I have recognised his appointment as Chief Consular Officer for the French Republic in New Zealand. I have, &c, W. F. DRUMMOND JERVOIS.
(New Zealand, No. 61.) Sir, — Downing Street, 28th November, 1888. In reply to your Despatch No. 79, of the 28th August, respecting the recognition of Monsieur de Jouffroy d'Abbans, Vice-Consul for France at Wellington, as Chief Consular Officer for the French Republic in New Zealand, I have the honour to transmit to you, for your information and that of your Government, a copy of a letter from the Foreign Office on the subject. I have, &c, KNUTSFORD. Governor Sir W. E. D. Jervois, G.C.M.G., C.8., &c.
Enclosure. Sir,— Foreign Office, 23rd November, 1888. In reply to your letter of the 24th ultimo, I am directed by the Marquis of Salisbury to state to you, for the information of the Secretary of State for the Colonies, that his Lordship has been in communication with the French Ambassador at this Court on the subject of the consular authority of Monsieur de Jouffroy d'Abbans, French Vice-Consul in New Zealand, and that he sees no objection to the confirmation of the recognition of that officer's extended jurisdiction over the French Consular Agents in that colony. I am, &c, The Under-Secretary of State, Colonial Office. J. Pauncefote.
Appointment of Mr. A. Pelldram as Consul-General for Germany. (New Zealand, No. 23.) Sir,— Downing Street, 29th May, 1888. lam directed by the Secretary of State for the Colonies to inform you that the Queen's exequatur empowering Mr. A. Pelldram to act as ConsulGeneral of the German Empire, at Sydney, for Australia, New Zealand, Tasmania, and Fiji, received Her Majesty's signature on the 24th instant, and that the notification of Her Majesty's approval of this appointment appeared in the Gazette of the 25th instant. I have, &c, ROBERT G. W. HERBERT. The Officer Administering the Government of New Zealand.
Appointment of Mr. J. L. Leesmith as Argentine Consul. (New Zealand, No. 27.) Sir, — Downing Street, 18th June, 1888. I am directed by the Secretary of State for the Colonies to acquaint you that an application has been received from the Argentine Minister at this Court for the issue of an exequatur to Mr. John L. Leesmith, who is a, resident at Lakeholm, Dunedin, to enable him to act as Argentine Consul at Dunedin. As this gentleman appears to be resident in the colony under your Government, I am to request you to report whether you are aware or not of any objection to his ap-
30
A.—l.
pointment, and if not you will recognise him provisionally in that capacity until the arrival of the exequatur. I have, &c, ROBERT G. W. HERBERT. The Officer Administering the Government of New Zealand.
(New Zealand, No. 82.) My Lord, — Government House, 28th August, 1888. ,< With reference to your Lordship's Despatch No. 27, of the I.Bth June, on the subject of Mr. J. L. Leesmith's appointment as Argentine Consul at Dunedin, I have the honour to report that I am not aware of any objection to the appointment in question, and that I have accordingly recognised Mr. Leesmith provisionally in that capacity until the arrival of the exequatur. I have, &c, W. F. DRUMMOND JERVOIS The Right Hon. Lord Knutsford, &c.
Appointment of Mr. C. J. Johnston as Netherlands Consul. (New Zealand, No. 32.) Sir, — Downing Street, 6th July, 1888. I am directed by the Secretary of State for the Colonies to acquaint you that an application has been received from the Netherlands Minister at this Court for the issue of an exequatur to Mr. C. J. Johnston as Netherlands Consul for New Zealand, to reside at Wellington. As this gentleman appears to be resident in the colony under your Government, at Wellington, I am to request you to report whether you are aware or not of any objection to his appointment, and if not you will recognise him provisionally in that capacity until the arrival of the exequatur. I have, &c, ROBERT G. W. HERBERT. The Officer Administering the Government of New Zealand.
(New Zealand, No. 81.) My Lord, — Government House, Wellington, 28th August, 1888. With reference to your Lordship's Despatch No. 32, of the 6th July, respecting the appointment of Mr. C. J. Johnston as Netherlands Consul for New Zealand at Wellington, I have the honour to report that lam not aw rai _ of any objection to the appointment in question, and that I have accordingly recognised Mr. Johnston provisionally in that capacity until the arrival of the exequatur. I have, &c, W. F. DRUMMOND JERVOIS. The Right Hon. Lord Knutsford, &c.
(New Zealand, No. 54.) Sir, — Downing Street, 13th November, 1888. I am directed by the Secretary of State for the Colonies to inform you, with reference to your despatches Nos. 81 and 82, of the 28th August last, that the Queen's exequaturs empowering Mr. Leesmith to act as Argentine Consul at Dunedin, and Mr. Johnston to act as Netherlands Consul at Wellington, received Her Majesty's signature on the Bth instant, and that the notification of Her Majesty's approval of these appointments appears in the Gazette of the 9th instant. I have, &c, ROBERT G. W. HERBERT. The.Officer Administering the Government of New Zealand.
31
A.—l.
Appointment of Mr. A. Masy as Belgian Consul. (New Zealand, No. 59.) Sir, — * Downing Street, 28th November, 1888. I am directed by the Secretary of State for the Colonies to acquaint you that an application has been received from the Belgian Minister at this Court for the issue of an exequatur to Mr. Arthur Masy, empowering him to act as Consul for Belgium at Auckland, where he resides. As this gentleman appears to be resident in the colony under your Government, I am to request you to report whether you are aware or not of any objection to his appointment, and if not you will recognise him provisionally in that capacity until the arrival of the exequatur. I have, &c, ROBERT G. W. HERBERT. The Officer Administering the Government of New Zealand.
(New Zealand, No. 5.) My Lord,- — Government House, Wellington, sth February, 1889. With reference to your Lordship's Despatch No. 59, of the 28th November last, respecting the appointment of Mr. Arthur Masy to be Consul for Belgium at Auckland, I have the honour to report that I am not aware of any objection to this appointment, and that I have accordingly recognised Mr. Masy provisionally in that capacity pending the arrival of the exequatur I have, &c, W. F. DRUMMOND JERVOIS. The Right Hon. Lord Knutsford, &c.
Appointment of M. de Lostalot Bachone as Acting Vice-Consul for France at Wellington. (New Zealand, No. 1.) Sir, — Dowming Street, Ist January, 1889. I am directed by the Secretary of State for the Colonies to acquaint you. that an application has been received from the French Ambassador at this Court on the subject of the appointment of M. de Lostalot Bachone, at present Acting Vice-Consul for France at Aden, as Acting Vice-Consul for France at Wellington during the absence of M. de Jouffroy d'Abbans. I am to request you to report whether you are aware or not of any objection to this appointment, and if not you will recognise M. de Lostalot Bachone in that capacity. I have, &c., ROBERT G. W. HERBERT. The Officer Administering the Government of New r Zealand.
(New Zealand, No. 9.) My Lord, —■ Government House, 28th February, 1889. With reference to your Lordship's Despatch No. 1, of the 7th January last, respecting the appointment of M. de Lostalot Bachone to act as Vice-Consul for France at Wellington during the absence of M. de Jouffroy d'Abbans, I have the honour to report that I am not aware of any objection to this appointment, and have accordingly recognised M. de Lostalot Bachone in that capacity. I have, &c, W. F. DRUMMOND JERVOIS. The Right Hon. Lord Knutsford, &c.
STATE-DIRECTED COLONISATION. (Circular.) Sir i Downing Street, 31st May, 188S. I have the honour to transmit to you the accompanying copy of a letter which has been addressed to me by a Colonisation Committee of both Houses of Parliament, enclosing a memorandum and scheme of State-directed colonisation.
32
A.—l.
In submitting these proposals for the consideration of your Government, I should add that this scheme has not been officially brought under the notice of Her Majesty's Government, as it was thought desirable, before that step was taken, to ascertain the general views of the colonial Governments upon it. I-have the honour to request that you wall favour me With the views of your Government on the scheme. I have, &c., KNUTSEORD. The Officer Administering the Government of New Zealand.
Enclosure. My Lord, — House of Commons, 15th May, 1888. I beg to enclose twenty copies of the memorandum and scheme of State-directed colonisation drawn up by the Parliamentary Colonisation Committee. May I ask you to be good enough to forward the same, as you kindly promised, to the various colonial Governments for their consideration and opinion. I shall be obliged if you will let me see the replies when received. I have, &_., W. H. Houldsworth, Chairman of the Parliamentary Colonisation Committee. The Right Hon. Lord Knutsford, H.M. Secretary for the Colonies, &c.
Sub-enclosure. State-directed Colonisation.—(Memorandum by the Parliamentary Colonisation Committee.) Houses of Parliament, Ist May, 1888. A Colonisation Committee of both Houses of Parliament was formed on the 11th February, 1887, composed of members in favour of the principle of State-directed colonisation, and with the object of formulating and pressing on the attention of the Government and of Parliament a well-considered and practical scheme. During the session of 1887 this Committee —now numbering thirty-two members of the House of Lords and 135 members of the House of Commons, of all shades of political opinion—considered various proposals, and collected and examined a large amount of information based upon the experience of some existing colonisation experiments. The scheme appended hereto is the result in outline of the Committee's investigations, which they desire to present for examination and practical development. It is not possible within the limits of a short memorandum to enter into all the considerations which have influenced the Committee in arriving at their conclusions, but the following main points have been kept in view : — 1. Colonisation, and not emigration, is the active principle of the scheme. This vital distinction is not always clearly recognised in the public mind. Emigration is merely the transfer of surplus labour from the Mother-country to the colonies, and by itself canuot be recommended as the foundation for any national action, involving as it does increased competition in our colonial labour-markets without necessarily developing colonial resources or improving the condition of the emigrant. Colonial Governments could not be expected to assist in any national scheme of emigration, as emigration unassisted by the State is now sufficient to meet the wants of colonial labourmarkets. Emigration, therefore, is not specifically advocated by the Committee. Colonisation, on the other hand, is the settlement of unoccupied colonial lands, and includes not only cost of passage, but also expenditure on land, as well as the equipment and temporary maintenance of the colonists. This system, judiciously carried out, will enable the assisted colonist ultimately to become a resident freeholder, and, in the opinion of this Committee, can be developed into a sound national scheme which will mutually benefit both the Mother-country and the colonies by increasing the area of cultivation, expanding markets for Home manufactures, indirectly increasing the prosperity of colonial cities and towns, and directly promoting Imperial and colonial trade. 2. Nothing is proposed to be done without the assent and co-operation of the colonial Governments, who are to be represented on the Colonisation Board. It is suggested that this co-operation should consist of (a) selection and approval of intending colonists, and (_) provision for placing at the disposal of the Colonisation Board the necessary laud, as hereinafter more fully explained. It is not proposed that the colonial Governments should assume any share of responsibility in the Imperial guarantee of interest, or incur any pecuniary liability whatsoever. Attention is also requested to the following remarks: — 1. The scheme is in bare outline, and contains little more than leading principles. Until these are finally approved it has been thought best to avoid encumbering it with too much detail. 2. The pivot of the scheme is the guarantee of interest by the Imperial Government on capital to be subscribed by the public for investment by the Colonisation Board in reproductive operation of settling and improving colonial lands. This capital will be secured as a first charge on the lands so settled and improved. Actual payment of the guaranteed interest by the State will probably not be required after the second year, for then it is expected that payments by the colonist will mora than suffice to pay interest to the investor. But some such guarantee is absolutely necessary in order to give security and attract capital. 3. The Committee attach the greatest importance to their 'suggestion in .clause 6 of the scheme, and would venture to propose, as a practical method of carrying the suggestion into effect, that colonial Governments should give to the Colonisation Board the right of pre-emption, where such right exists, of the adjoining land to any free-grant farm without payment, or —what would be still better —grant to the Board a block of land of sufficient "size, half of which should be for settle5—A. 1.
33
A.—l.
ment, and the other half for sale without conditions as to settlement. The Committee wish to point out that similar concessions have already been granted in the case of railway companies. Finally, the Committee believe that the scheme appended hereto, which leaves minor difficulties and points of detail to be dealt with by the proposed controlling authority or Colonisation Board, is well worthy of the consideration of colonial Governments, to whom they now,"desire to submit it far the purpose of ascertaining their views. The Committee are aware that circumstances vary in different colonies. Plow far these circumstances may influence the general principles of the scheme is a matter for each, colony to determine; and on this point it is hoped that particular information will be given. The chief aim of the Committee is to ascertain in what manner cooperation can best be secured, being fully convinced that the promotion and development of coloni-, sation will be mutually advantageous both to the Mother-country and the colonies, and most beneficial to the prosperity and strength of the whole Empire. The Scheme. 1. Controlling Authority: Colonisation Board (with Imperial and colonial representation). 2. Capital to be raised by public subscription to a " Colonisation Land Rent-charge Stock." Interest, at 3 per cent, per annum, to be guaranteed by the Imperial Government for a term of thirty years. 3. Class of Colonists : Preference to be given to colonists who contribute towards outlay. 4. Colonist after second year to pay 4 per cent, on amount advanced, secured by a rent-charge, with or without an extra 1 per cent, for contingencies. 5. Rent-charge to be redeemed by colonist within thirty years. 6. Government to give land free or on most favourable terms for settlement, with power to create a rent-charge where necessary. W. H. Houldsworth, Chairman. Sandhurst, ) Secretaries for the Monkswell, j House of Lords. H. Seaton-Karr, ) Secretaries for the H. L. W. LawsonJ"House of Commons.
(New Zealand, No. 110.) My Lord, — Government House, Wellington, 25th October, 1888. I have the honour to acknowledge your circular despatch of the 31st May last, with a letter addressed to your Lordship by a Colonisation Committee of both Houses of Parliament, enclosing a memorandum and scheme of Statedirected colonisation, and in reply to transmit a copy of a memorandum which I have received from the Premier on the subject. It will be observed that my Government is unable under the existing law to entertain the proposal that the right of pre-emption of land should be given to the Colonisation Board, and suggests the existing systems of homestead settlements, perpetual leases, and special settlements as possibly likely to meet the views of the Committee. I have, &c, W. F. DRUMMOND JERVOIS. The Right Hon. Lord Knutsford, &e.
Enclosure. Memorandum for His Excellency. The Premier has the honour to return the circular despatch from the Secretary of State for the Colonies dated the 31st May last, enclosing a scheme of State-directed colonisation. Without offering an opinion as to the feasibility or otherwise of the scheme propounded, the Premier begs to point out that under the existing law the New Zealand Government is unable to entertain the suggestion of the Colonisation Committee that the right of pre-emption should be given to the proposed Board. But our law does provide that land may be set aside on the homestead system, whereby the freehold is acquired by occupation and improvement without any moneypayment, and under the so-called perpetual-lease system, which is really the pre-emption of the freehold, the only necessary payment being an annual rent of 5 per cent, on the capital value, with a right of obtaining the fee-simple. Or blocks may be set apart for special settlements, of such area as may be necessary; but such blocks can be dealt with on settlement conditions only, and must be taken at a price fixed by valuation. Possibly one or other of these liberal tenures might meet the views of the Colonisation Committee. H. A. Atkinson, Premier. Premier's Office, Wellington, 25th October, 1888.
NATIVE BILLS. (New Zealand, No. 89.-) My Lord, — Government House, Wellington, 7th September, 1888. I have the honour to report that ou the 27 th ultimo a deputation of Maori chiefs waited on me to urge that I should beg Her Majesty not to assent to
34
A.—l.
certain Bills dealing with Native matters which have been passed during the recent session of the General Assembly, on the ground that these enactments are unjustjo the Maori races. The statements made by the chiefs were couched in such general terms that I could only reply, in language of general reassurance, that I should be happy to forward to Her Majesty's Government any representation that they might make with that object; after which the chiefs withdrew, saying that they were preparing a petition to the Queen on the matter. The petition has since been sent to me, but the report of my Government on the question is not yet completed; so I have deferred its transmission till next mail, when I shall report further on the question. I have, &c, W. F. DRUMMOND JERVOIS. The Right Hon. Lord Knutsford, &c.
(New Zealand, No. 98.) My Lord,— Government House, Wellington, 28th September, 1888. With reference to my Despatch No. 89, of the 7th instant, I have the honour to transmit copy of a petition addressed to me by certain Maori chiefs, praying me, before assenting to the Native Bills passed during last session, to have, if possible, a clause inserted suspending their operation till Her Majesty the Queen has assented to them; also a petition addressed to the Queen on the subject of these same Bills, together with memoranda (two) prepared by my Government thereupon. 2. As I have already assented to these Bills, the first of these petitions may be looked upon as dealt with; but I would draw attention to the main facts brought forward by my Ministers in reference thereto —namely, that the signatories have no claim to be regarded as representatives of the whole Maori race, as they allege themselves to be; that the Natives were duly consulted at really representative meetings on these measures before the Bills were submitted to Parliament, and their wishes in regard to them ascertained and respected; and that every precaution was taken for insuring that the Natives should be able to acquaint themselves with the purport of the Bills. lam satisfied also that the enactments are for the good of the Maoris, and that they themselves, generally speaking, recognise them as such. As regards the second petition, I concur with my Ministers in thinking it unworthy of serious notice. It is signed by but one chief of any standing according to Native judgment, and is plainly the work of a single Maori member, who, as pointed out by my Ministers, is under pecuniary obligations to the Government. The Native estimate of the petition is shown by the fact that Major Kemp, a leading chief, waited on me to express his indignation at the presumption of the signatories, and his opinion that it should not be forwarded. A memorandum giving the substance of the interview is appended. I have, &c, W. E. DRUMMOND JERVOIS. The Right Hon. Lord Knutsford, &c.
Enclosure No. 1. Wellington, 15th August, 1888. To His Excellency Sir William Francis Drummond Jervois, Lieutenant-General in Her Majesty's Army, Knight Grand Cross of the Most Distinguished Order of Saint Michael and Saint George, Compeanion of the Most Honourable Order of the Bath, Governor of New Zealand. May it please your Excellency,— The petition of us, the chiefs of the Native Committee, who have been delegated by the tribes of New Zealand to come to Wellington for the purpose of considering the Bills relating to the Maori race now being dealt with in Parliament. We have carefully considered the Bills relating to us and to our lands which have been passed by the House of Representatives. . , One of the most important of these Bills —viz., the Bill amending " The Native Land Court Act, 1886 " —■ was only made known to the Native chiefs in Wellington at 5 o'clock p.m. on the Bth of August, whilst the debate on these Bills the purport of which fills us with so much alarm commenced in the House of Representatives in the afternoon of the 9th of August, at 2.30 p.m.
35
A.—l.
Thus, neither ourselves nor the Maori people generally have had any fair opportunity of considering measures of the greatest importance to our future welfare, and which, in so far as we are acquainted with them, will inflict great and irreparable injury upon ourselves and the mass of the Europeans_i this our time of great trouble. Your Excellency's petitioners are preparing a humble petition to Her Majesty, praying that these Native Bills in relation to their lands, which they believe will prove most injurious to their race, may not be assented to by Her Majesty until full time has been given to Her Majesty's loyal Native people to be made fully acquainted with the provisions they contain, and to consider the effect they will have upon their future. Your petitioners therefore earnestly pray that your Excellency may be graciously pleased, before assenting to the Native Bills passed this session, to have, if possible, a clause inserted therein delaying the coming into operation of the said Bills until Her Majesty's assent has been obtained thereto. And your petitioners, as in duty bound, will ever pray. Paora Tuhaere and 14 Others, On behalf of the whole Maori population of New Zealand,
Enclosure No. 2. The petition of the Maori chiefs of New Zealand, with greetings to Her Majesty the Queen. This is to remind your Majesty that when you were yet quite young tidings of your goodness and kindness w^ere brought to the Maoris of New Zealand. Upon receiving these good tidings the chiefs considered, and consented to submit to your Majesty the authority of the chiefs of New Zealand ; in proof of which, and to give effect to the consent they had given, the Treaty of Waitangi was made and completed in the year 1840 between your Majesty and the chiefs of New Zealand, to be the supreme power for the protection of us and our lands and all our properties. This is to bring to remembrance our faithfulness and allegiance to your Majesty and all the provisions of the said law; also to bring to remembrance the time when troubles arose between the two races, and when we were mindful of our gracious Queen and took up arms against our own people, when the blood of your Maori subjects was spilled through our great regard for our gracious Queen. Our greatest desire is that peace and good feeling should exist between the two races. In these days the chiefs feel satisfied that, since your Majesty has been so long exercising your authority as Queen of England, and has been so considerate in watching over and showing kindness to the Maori race and all other people under the shadow of your authority, that you would never wish nor consent to allow any trouble to arise nor any harm to come to your Maori race of New Zealand. We wish to inform your Majesty that there are a great many troubles and pains oppressing the Maori race of New Zealand, caused by the bad Laws affecting our Maori race which are being enacted by the Parliament. Your Majesty is aware that Maori members are entitled to sit in the Parliament of New Zealand; but the said members are only for appearance's sake, and as a me r ans of applying these bad laws passed by Parliament respecting land of the Maori race, for the purpose of burdening their lands with the sums of money borrowed from England, thus causing the men, the women, and children to complain bitterly. We therefore wish to draw your attention to the offensive Acts of the Parliament of New Zealand which are being forwarded to your Majesty for your Royal assent. We, your Maori race, pray that you may not give your consent to these oppressive Acts passed by the Parliament of New Zealand, for the Maori race do not desire them. Should you give your consent to these Acts it will cause the destruction of your Maori race. They will be destitute of land, and like unto the other races, that have not a treaty like the Treaty of Waitangi. Do not give your consent until you have received a request from your Maori people to do so. We, therefore, the Maori race, have decided to return to your Majesty our gracious Queen the protectorate over the lands of the Maoris in New Zealand, that your Majesty may guard them for us, lest we perish by these oppressive Acts of the Parliament of New Zealand. May you beware of these Acts which are being foiwarded to you. Your humble petitioners pray that you may grant their petition. God save the Queen and all the Royal Family. Paora Tuhaere. Mitai Titore. Wiremu Tuti Kohirnaru. Wirernu Poinare. Hekawera Mahapukoe. Te Taira Kaumati. Akuhata Tupara. Hori Tekukioterangi. Mereana Pareha Kohumaru. Hapi Pakau. Ploani Rangitakaniaho. George Grey Sheehan Taiwhanga. Raniera Whararai. Herata Paora Tuhaere. Sidney Taiwhanga. ' Mita Hape. Paki wi Hongi. Makarita Kohumaru. Te Materanga Taiwhanga. Paki Wiremu Kanekane Hareta Paki wi Hongi. Nonghawe Taiwhanga. Taiwhanga. Hone Haniorake. Tetiariki Maki Tauru. Apero Taiwhanga. Hirini Taiwhaki Manihera. S. W. Taiwhanga, M.H.R. Era Erana. Peri wi Tuti. Rapi T. Arapata. Penetawa Kohirnaru.
Enclosure No. 3. Memorandum for His Excellency the Governor. Ministers have received from His Excellency the petition signed by Paora Tuhaere and fourteen others on behalf of the whole Maori population of New Zealand, and would first observe that, although the petition bears date the 15th August, and the whole of the chiefs who signed it are at present in Wellington, it was not received at Government House until the 28th August.
36
A.—l.
As to the assumption of tho fourteen chiefs to sign on behalf of the whole Maori population of New Zealand, Ministers would respectfully state that the assumption is altogether unwarranted. It was pointed out by Mr. Carroll, the Maori member for the East Coast District, in his speech on the Bill, thafr»his large district, comprising nearly one-third of the whole of the Maori population, was not represented by any of the chiefs in Wellington, who were principally from the north of Auckland, from the neighbourhood of Wellington, and a few from Waikato. The chiefs who have signed the petition are only a few out of the number to which Mr. Carroll referred, and represent comparatively few besides themselves. Mr. Carroll further pointed out—to which reference will again be made—that the Native Bills as introduced by the Government fairly expressed the desires of the Natives, as stated at largo Native meetings which were really representative, and which ]>ad been attended by the Premier and the Native Minister by special invitation. The statement made in the petition that " The Native Land Court Act, 1888," was only made known to the Native chiefs in Wellington at 5 p.m. on the Sth of August, and. the debate on the Bills commenced on the 9th of August, is altogether inaccurate. A schedule is appended showing the dates on which the Bills passed their various stages, and they were all circulated, in English and Maori, before the second reading. The Bills were referred after second reading to a Special Committee, of which tho four Maori representatives were members. In this Committee amendments were made, and in the Native Land Court Act several amendments were suggested—most of which did not in any way affect the principle of the Bills, and were merely machinery or technical clauses—and the amendments were printed in a Supplementary Order Paper, and translated into Maori. Before the Bills came on for consideration in Committee of the whole House a "paper" was printed showing the Native Land Court Bill with all proposed amendments. It is this paper, that was circulated in Maori on the Sth August, wdiich Maoris intimate was the first introduction. The paper was printed at the request of the Maoris, in order that the effect of the proposed amendments, which appeared from time to time on the ordinary Notice Papers,, might be more readily understood without the necessity of referring to so many papers. No importance can therefore be attached to the statement in the petition on this point, which is simply a part of the opposition, which would under any circumstances be offered to any Bills having for their object the general benefit of the whole of the Native people of New Zealand, the interests of the chiefs who signed the petition, and who may represent some others iu a similar position, being antagonistic to the interest of the body of the Natives. Individualisation of interests, which can alone lift the Maori in the scale of civilisation, would tend very much to curtail the mana at present exercised by the chiefs over lands which are undivided and held in large blocks under Maori custom, and from which the mass of the owners derive little or no benefit; and this was made perfectly plain to your Excellency by Major Kemp in his speech at the interview granted by your Excellency to the chiefs. During the past recess Ministers attended large meetings of tho Natives held at Waiomatatini, Ornahu, and Wanganui. These meetings were called together for the express purpose of considering the proposed Native-land legislation, and Ministers explained to the Natives the principles of the Bills they proposed to introduce, and invited a full expression of their opinion thereon. Resolutions were passed at these meetings conveying the wishes of the Natives, which were unanimously in the direction proposed in the Government measures, the main principles of which are—(l) The repeal of the Native Land Administration Act—a measure which the Natives unanimously object to, and have not taken advantage of ; (2) allowung the Natives to deal with their own lands, subject to certain provisions intended to guard against their improvidently denuding themselves of land necessary for their maintenance; and (8) to promote subdivision of their lands and the individualisation of title. As previously mentioned, Mr. Carroll, the able Maori representative for the Eastern Maori Electoral District, in an excellent speech, a copy of which is attached, forcibly pointed out that the" opposition offered to the Bills was against the interests of the Natives, and that in the main the Government measures carried into effect as closely as could be the desire of the Native population of New Zealand, as expressed at the very large meetings before referred to, and which were attended by representative chiefs and Natives from all parts of the North Island. The Bill referred to by Mr. Carroll, proposed by the Natives as embodying the result of the various meetings, is appended hereto. Mr. Taipua also, member for the Western Maori Electoral District, although he at first desired the postponement of the Bills until after the Native meeting proposed to be held at Waitangi in March, subsequently withdrew all opposition, as will be seen from the very able speech he made on the third reading of the Bill, report of which is appended. Air. Pratt, the Maori representative of the Southern Maori Electoral District, also made a clear and forcible speech — Hansard report of which is appended—in support of the Government measures. It may scarcely be necessary to point out to your Excellency that the opposition offered to the Bills, and the petition addressed to your Excellency, almost entirely emanate from one Maori member, who represents a constituency the least affected by the measures, and that several of the chiefs whose names are attached to the petition are simply the echo of his views. The Hansard report of Mr. Taiwhanga's speeches on the Bills is appended. Wellington, 21st September, 1888. H. A. Atkinson, Premier.
•Hansard, Vol, 63, pp. 71-74.
Hansard, Vol. 63, pp. 62, 63.
Hansard, V01.63, pp. 74, 75.
Hansard, Vol. 63, p. 268.
Schedule of Native Bills introduced to Parliament, Session 1888.—Passage of Native Bills through both Houses of Parliament. Maori Real Estate Management Bill : Read first time, 23rd May, 1888; read second time, 13th July, 1888 ; referred to Native Bills Committee, 13th July, 1888 ; Committee reported on Bills, 24th July, 1888; before Committee of the whole House, Bth August, 1888; report of Committee,. 13th August, 1888; third reading, 13th August, 1888; Bill returned from Legislative Council, 27th August, 1888.
37
A.—l.
Native Land Bill : Bead first time, 23rd May, 1888; read second time, 11th July, 1888; referred to Native Bills Committee, 13th July, 1888 ; Committee reported on Bill, 20th July, 1888; before Committee of the whole House, 25th July, 1888; report of Committee of the whole House, 9th August.'lSSS ; third reading, loth August, 1888; Bill returned from Legislative Council, 27th August, 1888. Native Lands Frauds Prevention Bill: Bead first time, 23rd May, 1888; read second time, 11th July, 1888; referred to Native Bills Committee, 13th July, 1888: Committee reported on Bill, 24th July, 1888 ; before Committee of the whole House, Bth August, 1888 ; report of Committee of the whole House, 13th August, 1888; third reading, 13th August, 1888 ; Bill returned from Legislative Council, 27th August, 1888. Native Land Court Act Amendment Bill: Bead first time, 23rd May, 1888; read second time, 13th July, 1888; referred to Native Bills Committee, 13th July, 1888; Committee reported on Bill, 24th July, 1888; before Committee of the whole House, 25th July, 1888; report of Committee of the whole House, 14th August, 1888; third reading, 14th August, 1888; Bill returned from Legislative Council, 27th August, 1888.
Memorandum for His Excellency the Governor
The absence from Wellington of the Premier and Native Minister has delayed the reply to His Excellency's minute of the Bth instant, requesting the observations of Government on a petition to the Queen forwarded to the Governor by Mr. Taiwhanga, M.H.R. Ministers have already prepared and submitted, in accordance with His Excellency's request, upon a memorial requesting the Governor to withhold his assent to the Bills, their remarks at length upon the Native legislation of the past session, and upon the attitude taken by Mr. Taiwhanga and the Natives who signed memorial and petition. It is not necessary to repeat what has already been stated on the subject, as the remarks made by Ministers upon the memorial apply to the present petition, except again to say what was therein pointed out, that the persons signing the petition can in no way be taken as representing the body of the Maori people, or favourable to their interests. Your Excellency has had an opportunity of forming an opinion on this point, and is aware how entirely groundless are the allegations of grievance set forth in the petition. It may be stated that the Maoris as a whole are in better circumstances than perhaps any other mixed community, and could have been, and might still be, possessed of great wealth, if they exercised ordinary industry or practised provident habits. Ministers would further remark that, although the petition purports to be from the Maori chiefs of New Zealand, only very few of the persons whose names are attached would be recognised by leading chiefs as having any pretensions to that rank. Several of the signatures are in the handwriting of Mr. Taiwhanga, and some names are undoubtedly those of his children, two of whom, George Grey Taiwhanga, aged nine years, and Sydney Taiwhanga, aged seven years, are inmates of an industrial school on the application of their father, who is indebted to date £95 for their maintenance. This example will show that the petition can hardly be regarded as worthy of serious notice. A leading chief, Major Keepa te Rangihiwinui, has to-day expressed to the Native .Minister his indignation at the allegations and presumption of the petition, which, when presented to him, he refused to sign. Major Kemp has made a request that His Excellency w 7ould be good enough to grant him an interview on Tuesday next on the subject. Wellington, 22nd September, 1888. H. A. Atkinson, Premier.
Memorandum of Interview granted by His Excellency the Governor to Major Keepa Rangihiwinui on Tuesday, 25th September, 1888. After the usual greeting His Excellency said to Major Keepa that he understood Major Keepa desired to see him with regard to a petition addressed to the Queen and signed by certain Natives. Major Keepa, in reply, stated he had been requested to sign the petition, but had refused, and he did not think that the Governor should forward it. He only recognised one of the Natives who signed—viz., Paul Tuhaere —as a leading chief. Many of the others were children and persons of no rank, and it was an act of great presumption to have sent the petition at all and make the assertion that they did so on behalf of the Natives of New Zealand. He objected altogether to the petition. A conversation then ensued between the Governor and Major Keepa as to the interest held by him (Keepa) in the Native lands that have not passed through the Court. Keepa said what he desired was that the law should permit the Natives to deal with their own lands. The Governor replied that this was the evident intention and effect of the recent legislation. His Excellency further added that he quite understood that the petition could not in any way be taken as representing the views of the Natives, and that, in fact, he had already had an opportunity of forming a very good opinion upon the subject from his previous interviews with Keepa and other chiefs. Major Keepa thanked the Governor for granting him this interview, which then terminated. Mr. Davies, translator to the Native Department, acted as interpreter. T. W. Lewis, Native Office, Wellington, 25th September, 1888. Under-Secretary, Native Affairs.
(New Zealand, No. 57.) Sir, — Downing Street, 26th November, 1888. I have the honour to acknowledge the receipt of your Despatch No. 98, the 28th September, with the enclosures.
38
A.—l.
I request that you will inform the Maori chiefs who signed the petition to the Queen against the Native Acts passed in the session of 1888, which accompanied vour despatch, that their petition was duly laid before Her Majesty, but that, as the subject of these Acts is one on which it is within the competence of the New Zealand Government to legislate, I have been unable to advise Her Majesty to take any steps with the view of meeting the prayer of the petitioners. I have, &c.j KNUTSFORD. . Governor Sir W. F. D. Jervois, G.0.M.G., C.8., &c.
STATUTES. (New Zealand, No. 95.) My. Lord, — Government House, Wellington, 19th September, 1888. I have the honour to forward, for the signification of Her Majesty's pleasure, copies of the Acts passed by the General Assembly during the late session, together with a synopsis of the same prepared by the Solicitor-General. I have, &c, W. F. DRUMMOND JERVOIS. The Right Hon. Lord Knutsford, &c.
Enclosure No. 1. Public General Statutes, 1-44. Local and Personal, 1-27.
Enclosure No. 2. Synopsis of the Acts passed by the General Assembly of New Zealand in the Session of Parliament held in the Year 1888. The Public General Statutes. 1. The New Zealand Loan Act 1887 Repeal Act repeals the Loan Act passed in the previous session, of 1887, the loan authorised by which had not been raised. 2. The New Zealand Loan Act authorises the borrowing and raising of not exceeding £1,000,000 sterling for immigation and construction of public works, and for other purposes, as mentioned in a schedule thereto. The annual charge to be imposed on the consolidated revenue for interest on any security for the money borrowed not to exceed the sum of £5 for every £100 expressed to be borrowed. 3. The Demise of the Crown Act is to provide that the Parliament of the colony existing at any future demise of the Crown shall not be thereby dissolved, and that all appointments within the colony made by the Governor thereof shall continue notwithstanding any such demise, and that civil or criminal proceedings may be completed and enforced. 4. The Penalties Recovery and Remission Act consolidates the enactments relating to the remission and recovery of penalties, and provides that the Crown may also recover the costs of recovering any such penalties. 5. The Naval and Military Forces Discipline Act prohibits the bringing on board any of Her Majesty's ships in New Zealand waters any spirituous or fermented liquors without permission, and extends to live provisions in regard to vessels belonging to Her Majesty and employed by the Colonial Government, and also to camps, barracks, forts, or other places where any of the local forces of New Zealand may be located. 6. The Imprest Supply Act authorises an advance of £200,000 out of the Public Account by way of imprest for the service of the year ending 31st March, 1889. The money to be charged in the manner expressed in the Appropriation Act of the session appropriating the same. 7. The Tramways Act 1872 Amendment Act prohibits the running of unlicensed vehicles on the rails of tramways, and enlarges the power of making by-laws in respect of passengers on tram-cars. 8. The Customs and Excise Duties Act substitutes new duties of Customs and Excise in place of those heretofore collected in certain cases, and amends the existing law relating to such duties in several particulars. 9. The Imprest Supply Act (No. 2) authorises a further advance of £350,000 in the same manner as stated in the above-mentioned Imprest Supply Act. 10. The Regulation of Local Elections Act Amendment Act amends in certain particulars of practice the provisions of " The Regulation of Local Elections Act, 1876." 11. The Counties Act Amendment Act creates the new County Pahiatua out of the North Wairarapa County. It is a special Act for the purpose, in accordance with section 24 of " The Counties Act, 1886." 12. The Westland and Grey Education Boards Act is in place of temporary enactments heretofore in force, and establishes these Boards in a permanent manner on the same basis as the other Education Boards in the colony under " The Education Act, 1877." 13. The Volunteer Drill-sheds and Lands Act consolidates and amends the law relating to
39
A—l.
lands held as sites for Volunteer drill-sheds and for other purposes, and declares the powers of the trustees of such lands. 14. The Public Reserves Sale Act authorises the sale or other disposal of certain public reserves which are rio" longer suitable or required for the purpose reserved. 15. The Interpretation Act repeals former enactments, and provides for the arrangement, division* a_S dates of commencement of Acts, the mode of citing, the interpretation of words and expressions specified, wherever the same may be used in any Act of the Assembly. It also declares the proof of Acts, Proclamations, and other documents of State, and enacts a general clause to be applicable to all repeals of Acts or enactments respectively. 16. The New Zealand State Forests Act Amendment Act authorises the disafforesting of land within State forests in certain cases, and makes further provisions for the exercise of certain landorders issued for forest-trees planting. 17. The Lands Act ximendment Act, for the amendment generally of the laws relating to the occupation of Crown lands, declares that users of Crown lands as a right-of-way shall not constitute a dedication thereof, and amends the provisions relating to the survey of lands. The Act further provides, for the relief of settlers, that residence on swamp-lands and on perpetual leaseholds may be dispensed with. It provides for a classification of pastoral lands and their future disposal; authorises present occupiers of land to exchange their tenure thereof; makes provision for the issue of licenses for digging kauri-gum. The Act also provides for the continuance of Land Boards; declares every Commissioner of Crown Lands an ex officio Commissioner to adjudicate in cases of lost land-orders, and annexes the outlying islands in the southern part of the colony to the Land District of Southland in order to the punishment of trespassers thereon. 18. The Post Office (Foreign Parcels) Act extends the principle of the parcel post to places beyond the colony, subject to the application of the Customs Act to all parcels coming into the colony from foreign parts. 19. The Administration Act 1879 Amendment Act abolishes the priority of an executor or administrator over other creditors of an estate ; provides for the transfer of administration of an estate where assets insufficient, or cannot readily be converted into money, to a person appointed by the Supreme Court; and regulates the administration of insolvent estates of deceased persons. The Act also declares the absolute power of sale of real estates to be vested in the executor or administrator thereof, subject to the leave of the Supreme Court. 20. The Coroners Act Amendment Act modifies the provisions of "The Coroners Act, 1867," in certain details, and authorises the holding of inquests on Sundays where expedient to do so. 21. The Justices of the Peace Act Amendment Act amends the law relating to the taking of recognisances and bail by Justices, and authorises costs of arrest of defendant to be awarded against complainant or informant in case complaint or information dismissed. The Act also authorises the Governor to remove any ex officio Justice of the Peace, and makes further provision as to the taking of statutory declarations and affirmations. 22. The District Courts Act Amendment Act extends the jurisdiction of District Courts established under " The District Courts Act, 1858," and amends the practice and procedure therein. 23. The Local Courts Proceedings Validation Act makes provisions for the continuance of proceedings pending in the local Court of any district after the alteration of such district, and validates proceedings had in the Westland District Court, notwithstanding au error in the gazetted description of the said district. 24. The River Boards Act Amendment Act validates the constitution of certain districts, and otherwise provides for necessary matters in other districts; enlarges the powers of River Boards to remove obstructions in rivers where beyond the limit of their jurisdiction; and authorises such Boards to undertake drainage works as delegates of any County Council, where it may seem such Boards could more easily perform the work. 25. The Slaughterhouses Act 1877 Amendment Act amends the'provisions of the principal Act in relation to fees, the private slaughtering of cattle for domestic use, and the prohibition of slaughterhouses in the vicinity of boroughs. 26. The Sheep Act Amendment Act re-enacts in an amended form section 23 of " The Sheep Act, 1878," relating to the proof required to be given of any sheep being infected sheep. 27. The Fencing Act 1881 Amendment Act extends the kind of fences deemed to be sufficient fences, authorises the entry on land for the repair of fences, and declares Crown tenants to be occupiers of the laud held by them within the meaning of the principal Act, and subject to the provisions thereof. 28. The Customs Duties Consolidation Act 1882 Amendment Act removes the prohibition of warehousing certain goods enumerated. 29. The Tobacco Act Amendment Act authorises the making of regulations under which tobacco manufactured in the colony may be exported under bond without payment of duty. 30. The Government Life Insurance Act declares the powers of the Crown with respect to real and personal property held for the purposes of the Government Insurance Department, and as to the power of a husband to apportion by will or deed the amount secured by a life policy. The Act extends such power to a widower, wife, or widow. 31. The Rating Acts Amendment Act provides that no public reserve shall be sold for nonpayment of rates, but may be leased and the rents applied for payment thereof; declares permanently the property of Lincoln Agricultural College to be rateable, and authorises boroughs to adopt the provisions for recovery of rates which are in force within counties. 32. The Local Bodies' Audit Act provides for the adjournment of any statutory meeting to consider the balance-sheet of the year, in case the same has not been .audited by the time appointed for such meeting. 33. The Mining Act 1886 Amendment Act amends the principal Act in certain details, but especially makes new provisions for the assessment and payment of compensation for damages'done
40
A.—l.
to owners of land on the banks of watercourses by the pollution of water through the discharge of tailings and refuse of mines therein. 34. The Chinese Immigrants Act Amendment Act prohibits any vessel to bring into the colony in a greafer proportion than one Chinese for every 100 tons of the registered tonnage, under penalty of £100 for each Chinese so carried in excess ; by the principal Act of 1881 the limitation being one Chinese for every 10 tons of tonnage, and the penalty of £10 for each Chinese in excess. The Act provides exemptions, and is to remain in force only until the end of next session of Parliament. 35. The Crown and Native Lands Rating Act Repeal Act continues until the Ist April, 1890, the principal Acts when they become repealed, rates being paid in the interim on Native lands' as heretofore, but in respect of Crown lands the rates for the current year to be paid being reduced 50 per cent., and for the following year only one-half of such reduced amount being paid. 36. The Native Land Act repeals "The Native Land Administration Act, 1886," and provides that Natives may alienate their lands or any interest therein, subject only to the provisions of the Native Lands Frauds Prevention Act; but the Act is not to apply to any lands under the control of the Public Trustee. 37. The Native Land Court Act 1886 Amendment Act makes provision for the registration of titles and leases of Native land, and for payment of rent by lessee when lessor's rights are in dispute ; also provides for partition in cases where there are more than twenty owners of any land, and makes amendments in the principal Act for its better administration. 38. The Native Lands Frauds Prevention Act 1881 Amendment Act provides for the verification of deeds executed by Natives, and for a public inquiry by a Court into all transactions affecting Native lands before the same are permitted ; prohibits any dealings with Native lands in certain cases ; and protects from seizure for debt a sufficiency of land for the maintenance of the Native owner thereof. 39. The Maori Real Estate Management Act provides for the appointment by the Native Land Court of trustees for the management of the estates of Natives under disability, and defines the powers of such trustees. 40. The Land Transfer Act Amendment Act provides that the reservation of road-lines by the Governor in any warrant for the issue of a certificate of title shall have the same effect as if made in the Crown grant, and for the retention of a certificate of title for land, although portion has been sold, if memorial is indorsed describing such portion. It defines the powers of the Surveyor-General to enter upon land for the survey thereof, and otherwise amends the principal Act in relation to the registration of leases of less than three years, the validity of powers of attorney, and the verification of deeds, &c. 41. The Road Boards Act 1882 Amendment Act extends to Road Boards the power of Borough Councils to levy rates and make by-laws in respect of waterworks for the supply of water to the inhabitants of the district, and provides that where a Receiver has been appointed in any district by the Supreme Court under "The Road Board Act 1882 Amendment Act, 1884," the Board of such district may nevertheless levy additional general rates outside of the control of such Receiver for the purpose of carrying on the necessary general works and business of the Board. 42. The Property-tax Act fixes the amount of the property-tax to be collected for the current year, and the mode of collecting the same. 43. The Public Works Appropriation Act appropriates out of the unexpended balance of loan and from other sources a total sum of £895,807 for the construction of public works for the year ending 31st March, 1889. 44. The Appropriation Act.—The annual Appropriation Act : amounts appropriated, total £2,102,221. The Local and Personal Acts. 1. The Auckland Harbour Improvement Act gives power to the Harbour Board to make further reclamations from the sea, and otherwise to make improvements on such reclamations, and provides funds for the completion of the Calliope Dock. 2. The Auckland Hospital Reserves Act Amendment Act amends the provisions of the principal Act as to the leasing of reserves in respect of a particular reserve required for the erection of a refuge. 3. The Whangarei Drill-shed Act vests in the trustees certain land at Whangarei for the purpose of a drill-shed, subject to the provisions of a general Act regulating the trusts thereof. 4. The Puhoi Settlers Act authorises the issue of Crown grants to certain German immigrants for the lands occupied and improved by them. 5. The Ngaruawahia Cemetery Reserve Leasing Act authorises the leasing of an unused portion of the cemetery, the rents to be applied to the ornamentation of the used portion thereof. 6. The Waikato Agricultural Model Farm Act vests in the Corporation of the Waikato County a certain reserve set apart for the purposes of a model farm, and places the control thereof in the County Council. 7. The Mokau-Mohakatino Act confirms the provisions of a previous Act making concessions to one Joshua Jones to enable him to complete his negotiations with the Natives for the lease of certain coal-bearing land on the Mokau River, at the northern extremity of the Taranaki Provincial District. 8. The Gisborue Harbour Act 1884 Amendment Act modifies the provisions of the previous amending Act of 1887 prohibiting any further expenditure on harbour-works, and authorises a further expenditure of £40,000 for the completion of existing works so far as to render them useful, subject to a special consent of the ratepayers. 9. The Wellington Asylum, Home, Orphanage, and Hospital Reserves Act is for the vesting reserves in the institutions for which they were reserved, to enable the same legally to be dealt with by the said institutions. 6—A. 1.
41
A.—l.
10. The Wellington Corporation and College Land Exchange Act authorises the College to surrender certain land required for the widening of a street, in exchange for other land belonging to the Corporation of the city. 11. The _Ihorndon Reclamation Act 1882 Amendment Act authorises an amended grant to be issued to the Wellington and Manawatu Railway Company for land reclaimed by it from the sea at the terniums at Wellington of the said railway, as agreed upon between the company and the Minister for Public Works. 12. The Nelson Hospital Reserves Act transfers from Her Majesty to the Nelson Hospital Board the reserves which have been set apart for its maintenance. 13. The Order in Council Validation Act validates the constitution of the Amuri County Council and all elections of the members thereof, notwithstanding their constitution under an Order in Council which was not issued in conformity with existing provisions of law. 14. The Christchurch Rifle-range Act vests in certain trustees a piece of land at Christchurch for a rifle-range, subject to the provisions of a general Act regulating the trusts thereof. 15. The Opawa Education Reserve Act vests in the Waimate High School Board certain unused road-lines traversing a reserve at Opawa, in the Geraldine County, with power to close the said road-lines temporarily. 16. The Kaiapoi Drill-shed Act vests in trustees a piece of land set apart for a drill-shed for the Kaiapoi Rifles, subject to general provisions regulating the trust. 17. The Mount Somers Road Board Empowering Act authorises the sale of a portion of a reserve, with buildings, originally set apart and used for road purposes, but no longer required for the same. 18. The Ellesmere Lake Lands Act authorises the construction of protective works to secure the lands around Lake Ellesmere from overflow by the waters thereof and of the river contributories thereto, the expense to be defrayed out of the proceeds of the lands when sold. 19. The Timaru Harbour Board Loan Act 1885 Amendment Act provides for the making of valuation-rolls of rateable property within the harbour district, for the rating thereof. 20. The Oamaru Municipal and Education Reserves Exchange Act authorises the exchange of certain reserves of property belonging to the Roman Catholic community, for the consolidation of the latter property. 21. The Otago Harbour Board Indemnity and Lands Vesting Act indemnifies the Board for certain illegal payments made, regulates the mode of keeping their accounts, and vests certain lands inalienably in the Board. 22. The Clyde Domain and Recreation-ground Act authorises the closing of portions of streets intersecting the domain, and vests the same in the trustees of the domain as portion thereof. 23. The Invercargill Corporation Empowering Act dissolves the Harbour Board of New River, upon which Invercargill is situate, vests the property of the Board of New River in the Corporation of the Borough of Invercargill, and constitutes the Borough Council a Harbour Board, with power to borrow not exceeding £7,000 for defraying certain debts of the former Board. 24. The Mackenzie Land Act authorises the grant of certain surplus land not required for railway purposes to the original owner thereof, who had surrendered the same free of cost to the Queen for such purposes. 25. The Ross Compensation Act authorises the carrying-out a special arrangement made previous to the passing of "The Public Works Act, 1882," in respect of land taken for the diversion of a road laid out through an impassable country. 26. The Native Contracts and Promises Act authorises the Governor to fulfil certain contracts and piomises made to Natives, as enumerated in the schedule to the Act. 27. The Middle Island Half-caste Grants Act authorises the grant of land to certain half-castes heretofore unprovided for, in further fulfilment of promises made in such regard. 28. The Naval and Military Settlers' and Volunteers' Land Act authorises the issue of landscrip to certain persons whose claims thereto had lapsed, but who have proved to certain Commissioners appointed for the purpose that they had become justly entitled thereto by reason of services rendered.
(New Zealand, No. 62.) Sir, — Downing Street, 12th December, 1888. I have the honour to inform you that Her Majesty will not be advised to exercise the power of disallowance with respect to the following Acts of the Legislature of New Zealand, transcripts of which accompanied your Despatch No. 95, of the 19th September last. I have, &c.j KNUTSFORD. Governor Sir W. F. D. Jervois, G.0.M.G., C.8., &c.
SUBMARINE TELEGRAPH CONVENTION. (New Zealand —General.) Slit,— Downing Street, 22nd October, 1888. I have the honour to transmit to you, for the information of your Government, a copy of a letter from the Foreign-Office formally notifying the
42
A.—l.
adhesion of the Spanish National Submarine Telegraph Company and the West African Telegraph Company to the International Telegraph Convention. I have, &c, KNUTSFORD. Governor Sir W. F. D. Jervois, G.C.M.G., C.8., &c.
Enclosure. Sir,— Foreign Office, 13th October, 1888. I am directed by the Secretary of State for Foreign Affairs to transmit to you, to be -laid before Lord Knutsford, with reference to previous correspondence, the accompanying translation of a note (Count Leyden, 6th October, 1888) notifying adhesions to the International Telegraph Convention. . I have, &c, The Under-Secretary of State, Colonial Office. W. P. Currie.
Sub-enclosure. My Lord, —■ German Embassy, London, 6th October, 1888. According to paragraph 86, clause 2, of the Executive Agreement appended to the International Telegraph Convention of the 22nd July, 1875, private telegraph companies are admitted to the privileges secured by the Convention and Executive Agreement on condition that they adhere to all the binding clauses, and that notice is given by the State which has granted the conversion to the company or given it its sanction. Such notice is to be given in accordance with the second paragraph of Article 18 of the treaty, which states that notice of adherence is to be given to the State within which the last Conference took place, and by it to all the other States. As the last Conference took place at Berlin, it is the duty of the German Government to communicate notices of adherence to the other Governments. Notice has now been given by France to the Imperial Government that the Spanish National Submarine Telegraph Company and the West African Telegraph Company have notified their adherence to the International Telegraph Convention in accordance with the concessionary agreements concluded between them and the French Government, the former company with reference to the cable between St. Louis, in Senegal, and Teneriffe, and the latter with reference to the cables between St. Louis and Rio Nunez (Conakry), Grand Bassam, Porto Novo (Kotonou), and Gaboon respectively. I have the honour to inform your Lordship of the above, in accordance with the instructions I have received, and to request you at the same time to communicate the substance of this note to the British colonial Governments which are parties to the convention. I have, <_~ The Marquis of Salisbury, &c. Leyden.
(New Zealand—General.) Sir, — Downing Street, 13th November, 1888. I have the honour to acquaint you, for the information of your Government, that a note, under date the 3rd instant, has been received by the Seci-etary of State for Eoreign Affairs from the German Ambassador, formally notifying that the Argentine Minister at Berlin has informed the German Government that the Argentine Republic adheres to the International Telegraph Convention on the basis of Article 18. I have, &c, KNUTSFORD. Governor Sir W. F. D. Jervois, G.C.M.G., C.8., &c.
Sir,— Downing Street, 30th October, 1888. With reference to Lord Derby's despatch of the 27th June, 1884, I have the honour to acquaint you, for the information of your Government, that notice has been given to the Erench Government of the adhesion of the colony under your Government to the International Convention of the 14th March, 1881, for the protection of submarine telegraph cables, and that the Erench Government has notified its intention of malting the necessary communication to the other parties to the convention. I have, &c, KNUTSFORD. The Officer Administering the Government of New Zealand.
FRAUDULENT MARKS ON MERCHANDISE. - (Circular.) Sir, — Downing Street, 27th November, 1888. In connection with my circular despatch of the Bth September, 1887, 13_7 2 '1888' No-
43
A.—l.
have the honour to transmit herewith an extract from a letter which has been addressed to the President of the Board of Trade by the London Chamber of Commerce^ urging the importance to the trade of the United Kingdom and the colonies of the enactment of colonial legislation following the Imperial Act of last year-relating to fraudulent marks on merchandise. It is unnecessary to represent to you the great desirability of uniform action throughout the Empire in this matter, which I trust has received the careful consideration of your Government; and I should be glad to be informed at an early date what measures with reference thereto have been taken in the colony. I have, &c.j KNUTSFORD. The Officer Administering the Government of New Zealand.
Enclosure. The Merchandise Marks Act. Sir, — The London Chamber of Commerce, Bth November, 1888, London, E.G. The experience gained during the time the above Act has been in force is of a nature to encourage the Council of the London Chamber to approach you again in connection with the desirability of legislation on similar lines being urged forward with all possible speed in British colonies and possessions. As early as October of last year this Chamber communicated with the Chambers of Commerce in other parts of the Empire, as well as with the Agents-General for the colonies in London, and the High Commissioner for Canada, directing attention to the passing of the Merchandise Marks Act, and pointing out that that measure could not be effectually applied without injury to the trade of the United Kingdom and of the colonies unless it were strengthened by identical or equally stringent legislation throughout the Empire. In consequence of this action the commercial associations in British colonies and possessions have discussed the statute, with the result that opinions have been expressed on nearly all hands in favour of the adoption of the Act or of a similar enactment. Further, the Council recognises that the attention devoted to this phase of the matter by yourself and your colleagues of the Indian and Colonial Offices, and the communications addressed to the Indian and Colonial Governments, have already borne good results in the actual passage of satisfactory legislation in some colonies, the introduction of Merchandise Marks Acts in India and other colonies, or the promise of their introduction. Notwithstanding this promise, however, the Council are of opinion, from statements before them, that the most isolated application of the Merchandise Marks Act in the United Kingdom has had and is having an injurious effect upon British trade, and to some extent upon British shipping, and they therefore desire to suggest to your consideration whether the time has not now come when you may fairly renew your efforts, through your colleague of the Colonial Office, to obtain the speedy introduction and passage of the desired measures where this has not yet been done. I have, etc., Kenric B. Murray, Secretary. The Right Hon. Sir Michael Hicks-Beach, Bart., M.P., President of the Board of Trade, S.W.
(New Zealand, No. 7.) My Lord, — Government House, Wellington, 18th February, 1889. I have the honour to acknowledge receipt of your Lordship's circular despatch of the 27th November last, with a copy of a letter addressed by the London Chamber of Commerce to the Board of Trade urging the importance of the enactment of colonial legislation respecting fraudulent trade-marks in merchandise. As reported in my Despatch No. 107, of the 29th November, 1887, my Ministers had hoped to deal with this question during the last session of Parliament. Pressure of other business, however, made this impossible; but my Government now informs me that a Bill has been prepared, which it will introduce next session. I have, &c., W T. F. DRUMMOND JERVOIS. The Right Hon. Lord Knutsford, &c.
888, No.
MISCELLANEOUS. _ Intoxicaling-liquor Laics. (Circular 111.) Sir, — Downing Street, 26th January, 1888. It is proposed to lay before Parliament at as early a date as possible a
44
A.—l.
return setting forth the laws or ordinances for regulating the sale of intoxicating liquors in the colonies, and in native territories under British protection, and showing how far the sale to natives is restricted, together with any recent official reports _>r extracts of such reports on the subject. I have therefore to request that you will furnish me at your earliest convenience with any information on the subject later than that laid before Parliament in the Parliamentary Papers C 591 of 1872, C 3224. of 1882, and C 3477 of 1883, containing the replies of the Governors of colonies to circular despatches addressed to them by Lord Kimberley on the 20th July, 1871, and the 23rd July, 18_1. I have, &c, H. T. HOLLAND. The Officer Administering the Government of New Zealand.
(New Zealand, No. 31.) My Lord, — Government House, Wellington, 7th April, 1888. I have the honour to acknowledge the receipt of your circular despatch of the 26th January last, requesting the latest information as to the existing state of the law relating to the sale of intoxicating liquors on Sundays and week-days in this colony. In reply, I have the honour to report that there has been no legislation on this subject since the passing of " The Licensing Act, 1881," and of " The Licensing Act Amendment Act, 1882." A copy of the Act of 1881 was forwarded to Lord Kimberley by Sir J. Prendergast in his Despatch No. 61, of the 3rd October, 1881. A copy of the Act of 1882 is enclosed herewith. I have, &c, W. F. DRUMMOND JERVOIS. The Right Hon. Lord Knutsford, &c.
(Circular.) Sir, — Downing Street, 13th February, 1888. I have the honour to request that you will inform me what action has been taken in the colony under your Government in pursuance of Lord Granville's circular despatch of the 21st June, 1886, on the subject of legislation respecting the bringing on board Her Majesty's ships or vessels spirituous or fermented liquors without consent of the Commander. I have, &c, H. T. HOLLAND. The Officer Administering the Government of New Zealand.
A.-2, Sess. 1., 1887, No. 47.
(New Zealand, No. 30.) My Lord, — Government House, Wellington, 7th April, 1888. I have the honour to acknowledge receipt of your circular despatch of the 13th February last, requesting information as to the action taken by this colony on the subject of legislation respecting the bringing on board Her Majesty's ships spirituous or fermented liquors without consent of the Commander. The Premier informs me, in reply, that a Bill was prepared last year to give effect to the wishes of the Admiralty, but was by some mischance overlooked. The Bill will, however, be introduced at the approaching session of Parliament. I have, &c, W. F. DRUMMOND JERVOIS. The Right Hon. Lord Knutsford, &c.
Sir __". T. Holland made a Peer. (Circular.) Sir,— Downing Street, 24th February, 1888. Her Majesty having been graciously pleased to confer upon me a peerage, with the title of Baron Knutsford, of Knutsford, in the County Palatine of
45
A.—l.
Chester, I have the honour to acquaint you that my despatches will henceforth be signed as under. I have, &c, KNUTSFORD. Governor Sir W. F. D. Jervois, G.C.M.G., C.8., &c.
Education of the Blind, Deaf, and Dumb. (Circular.) Sir,— Downing Street, 23rd April, 1888. I have the honour to call your attention to Parliamentary Paper C 4908 of 1886, and to state that the Royal Commission on the Blind, the Deaf, and the Dumb have intimated to me that they would be much obliged if Colonial Governments would furnish similar information as to State-aid in regard to the education of the blind, and of the deaf-and-dumb, in order that they may be in possession of full knowledge of the practice prevailing abroad in respect of the education of both classes before they proceed to frame their recommendations to Parliament. I shall be glad to be furnished with the desired information in respect of the colony under your Government at your earliest convenience. I have, &c, KNUTSFORD. The Officer Administering the Government of New Zealand.
(New Zealand, No. 66.) My Lord, — Government House, Wellington, 29th June, 1888. With reference to your Lordship's circular despatch of the 23rd April last, requesting information as to the practice prevailing in this colony in respect of the education of the blind, and of the deaf-and-dumb, I have the honour to transmit herewith a copy of a memorandum on the subject by the Secretary of the Education Department, accompanied by the reports on the Deaf-and-dumb Institution for the years 1880, and 1882-88. I have, &c, W. F. DRUMMOND JERVOIS. The Right Hon. Lord Knutsford, &c.
Enclosure. Education Department, Wellington, 25th June, 1888. The last census was taken on the 28th March, 1886. The number of deaf-mute children and blind children are stated as follows : Under five years, 7 blind ; five years to ten years, 28 deaf-and-dumb, 7 blind ; ten years to fifteen years, 30 deaf-and-dumb, 6 blind; fifteen years to twenty years, 19 deaf-and-dumb, 8 blind. The Government of New Zealand has established and maintains a school for deaf-mutes. The number of pupils is thirty-nine. The articulation method alone is employed. The principal is Mr. Gerit Van Asch. The expenditure in 1887 was £3,732 15s. 9d., of which parents contributed £318 12s. Bd., and £3,414 3s. Id. was the cost to the Government. If the parents can afford it a payment of £40 a year is required for each pupil, but in some cases a smaller payment is accepted, and most of the pupils are maintained at the sole cost of the Government, or on merely nominal payment. Reports of the school for the years 1880, and 1882 to 1888, accompany this memorandum. Eight blind children are sent to Melbourne Blind Asylum, and one to a similar institution in Sydney. The cost is £400 a year, and of this the parents contribute £63. W. J. Habens, Secretary.
Foreign Medical Practitioners. (Circular.) Sir, — Downing Street, 20th June, 1888. I have the honour to request that you will be good enough to inform me whether persons registered as foreign practitioners in the United Kingdom under " The Medical Act, 1886," can lawfully practise medicine or surgery in the colony under your Government; and, if not, whether there is any prospect of the law of the colony being altered so as to enable such persons to practise. I have, &c, KNUTSEORD. The Officer Administering the Government of New Zealand.
46
A.—l.
(New Zealand, No. 83.) My Lord, — Government House, Wellington, 28th August, 1888. .„ With reference to your Lordship's circular despatch of the 20th June last inquiring whether persons registered as foreign practitioners in the United Kincrdem under the Medical Act of 1886, can lawfully practise medicine or surgery in this colony, I have the honour to report that by "The Medical Practitioners Registration Act, 1869," it is provided that any person who shall have been registered as a legally-qualified practitioner in England, Scotland, or Ireland under any Act of the Imperial Parliament shall be entitled to be registered in this colony. I have, &c, W. F. DRUMMOND JERVOIS. The Right Hon. Lord Knutsford, &c.
Appointment of the Earl of Onslow as Governor of New Zealand. (New Zealand—General.) Sir,—- Downing Street, 17th November, 1888. I have the honour to inform you that the Queen has been pleased to approve of the appointment of the Right Honourable the Earl of Onslow, K.C.M.G., to succeed you as Governor and Commander-in-Chief of the Colony of New Zealand. A further despatch will be addressed to you as to the date on Avhich Lord Onslow Avill proceed to the colony. I have, &c., KNUTSFORD. Governor Sir W. F. D. Jervois, G.0.M.G., C.8., &c.
Proposed Annexation of Macquarrie Island and of the Islands adjacent thereto. (New Zealand, No. 2.) My Lord, — Government House, Wellington, 24th January, 18S9. I have the honour to enclose herewith a copy of a memorandum which I have received from my Government urging that, for the sake of the conservation of the seal-fisheries of the colony, Macquarrie Island and the islands adjacent thereto should be annexed to New Zealand. This small group lies to the south of New Zealand, between latitude 54° and 56° south and longitude 159° and 160° east. The other islands in that region—namely, the Campbell, Antipodes, and Auckland Islands —already form part of this colony, and I think it desirable that Macquarrie Island, with its adjacent islets, should also be included. I have, &c, W. F. DRUMMOND JERVOIS. The Right Honourable Lord Knutsford, &c.
Enclosure. Memorandum for His Excellency. It being desirable, in connection with the conservation of the seal-fisheries belonging to the colony, that Macquarrie Island and the islands adjacent thereto should form part of this colony, His Excellency the Governor is respectfully advised to move the Secretary of State for the Colonies to cause the necessary steps to be taken to have the British flag hoisted and the Queen's sovereignty proclaimed over these islands, with the view of their being annexed to New Zealand. H. A. Atkinson, Premier. Government Buildings, Wellington, 16th January, 1889. Maj'or- General Steward's Services to the New Zealand Government. (New Zealand, No. 13.) My Lord, — Government House, Wellington, Bth March, 1889. I have the honour to forward a copy of a memorandum from my Ministers callino; attention to the services rendered to the New Zealand Government by Major-General E. Harding Steward in matters relating to the modern details of fortification and artillery, especially through his inspection of warlike
47
A.—l.
material before its shipment to the colony. I entirely concur with my Ministers as to the value of Major-General Steward's services. I have, &c, W. F. DRUMMOND JERVOIS. The-Right Hon. Lord Knutsford, &c.
Enclosure. Memorandum for His Excellency. Before the departure of His Excellency Sir William Jervois from the colony the Premier desires to bring to his notice the eminent services rendered by Major-General E. Harding Steward, who has greatly assisted this Government in matters relating to the modern details of fortification and artillery. Major-General Steward has especially merited the gratitude of this colony for the constant and unremitting pains that he has taken in inspecting the new armaments at the Elswick Factory before they were shipped, and the Government trusts that this public recognition of his services may be duly recorded. H. A. Atkinson, Premier. Premier's Office, Wellington, Bth March, 1889.
[Approximate Cost of Paper .—Preparation, nil; printing (1,825 copies), £3018s. (3d., i
Authority: George Didsbuby, Government Printer, Wellington.—lBB9.
48
Permanent link to this item
https://paperspast.natlib.govt.nz/parliamentary/AJHR1889-I.2.1.2.1
Bibliographic details
DESPATCHES FROM THE SECRETARY OF STATE TO THE GOVERNOR, AND FROM THE GOVERNOR TO THE SECRETARY OF STATE., Appendix to the Journals of the House of Representatives, 1889 Session I, A-01
Word Count
32,982DESPATCHES FROM THE SECRETARY OF STATE TO THE GOVERNOR, AND FROM THE GOVERNOR TO THE SECRETARY OF STATE. Appendix to the Journals of the House of Representatives, 1889 Session I, A-01
Using This Item
No known copyright (New Zealand)
To the best of the National Library of New Zealand’s knowledge, under New Zealand law, there is no copyright in this item in New Zealand.
You can copy this item, share it, and post it on a blog or website. It can be modified, remixed and built upon. It can be used commercially. If reproducing this item, it is helpful to include the source.
For further information please refer to the Copyright guide.