E—No. 1

No. 1. COPY OF A DESPATCH FROM me. CniCIIESTER fortescue to goveenoe gore BROWNE, C.B. Downing Street, 27th August, 1860. Sir, — I have to acknowledge the receipt of your Despatch No. 49, of the 25th May last, enclosing various Addresses presented to you by Provincial Councils and other Bodies, approving of your conduct in the matter of the Taranaki Land Question, and of the measures which you have taken to maintain the Queen's authority in New Zealand; also, a letter from the Bishop of New Zealand to tho Acting Colonial Secretary, by way of Protest against the statements contained in one of those Addresses, with a Memorandum by your Ministers upon that letter. I see no reason, as at present advised, to question the justice or propriety of your proceedings towards the Chief William King; and the course which you have pmrsued under very anxious and difficult circumstances, aggravated, I fear, by the exasperated feelings of some of the settlers against the Native Race on the one hand, and by an intemperate advocacy of Native claims on the other, must command the approval of Her Majesty's Government. I am happy to find that you receive so cordial a support from your Responsible Advisers, and to acknowledge the excellent spirit which characterises the two able Memoranda on the Taranaki Native Question, signed by Mr. Richmond, which you have communicated to me. I should wish you, however, to furnish me with a full report upon the important question which that case has brought prominently forward; the question, namely, of an alleged right, distinct from one of property, existing in the Chief of a Tribe to assent to or forbid the sale of any land belonging to members of the tribe, in cases where all the owners are willing to sell; and how far such a right has been or ought to be recognised by the Crown. I need hardly tell you that it is the full intention and earnest desire-of Her Majesty's Government (as it has been of their predecessors), that the Treaty of Waitangi shall be faithfully observed, both in its letter and its spirit. But without more information than the Secretary of State possesses upon this point, it would not appear that the claim in question is consistent with the cession by the New Zealand Chiefs to the Queen, of their respective rights of sovereignty under Article 1, or of pre-emption under Article 2. Whether there are reasons apart from the Treaty in favor generally of the recognition of such a right, and whether, as appears to be the truth, they do not justify the claims of William King upon the present occasion, are further questions upon which you will be good enough to give me your own views, and all the information in your power. I have, &c, C. Foetescue, In the absence of the Secretary of State. Governor Gore Browne, C.8., &c, &c, &c.

Ne. 55.

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