E—Kb. Iβ

No. 1. TOPY OP A DESPATCH FEOM GOVERNOR GOEE BEOWNE, CB. TO HIS GEACE THE DUKE OP NEWCASTLE, K.G. Government House, Auckland, New Zealand, 15th May, 1861. My Lokd Duke, — In continuation of my Despatch, No. 63, of the Ist instant, I have the honor to inform Your Grace that Judge Johnston has consented to accept the office of Commissioner to determine, with the assistance of Maori Assessors, any differences which may arise among members of the Ngatiawa Tribe who may claim proprietary rights in the land taken possession of by Her Majesty's Forces, pursuant to the term on which I accepted their submission. Your Grace will observe, by Judge Johnston's letter (enclosed), that in accepting the appointment he carefully guards himself against " expressing, even by implication, or indeed of coming to a " definite opinion as to the policy respecting the war, or the propriety of excluding claims founded upon " a right of the whole Ngatiawa Tribe over the lands in question." Taking therefore into consideration Judge Johnston's high character, his entire independence of the Government, and declaration above alluded to, it is evident that it would be impossible to obtain a more impartial Tribunal, Your Grace will also observe that, previous to accepting this appointment, Judge Johnston consulted the two other Judges of the Supreme Court, who, after full communication with the Attorney-General and myself, concur in their approval of the step he has taken. The survey and the marking-off of undisputed boundaries will be entrusted to Mr. Rogan, an old and experienced Officer of the Government, in whom 1 have entire confidence, and he will, at the same time, receive any claims of proprietary right which may be made (under the provision contained in the notice of the 29th November, 1859,) upon the block of land sold by Teira and his associates. I have, &c, T. Gore Browne. His Grace the Duke of Newcastle, K.G., &c, ,&c, &c.

Nauvb. No. 73.

Enclosure 1 in No. 1. HIS EXCELLENCY THE GOVERNOR TO HIS HONOE JUDGE JOHNSTON. Government House, Auckland, 11th May, 1861. 'Sir, — I have the honor to enclose a copy of the Terms on which I have accepted the submission of a portion of the Ngatiawa Tribe lately in arms against Her Majesty's Government. It is now necessary that steps should be taken for carrying out the object of the paragraphs numbered 3 and 7, and I have appointed Mr. Rogan, an old and experienced Officer of the Government, for the purpose of surveying and marking-off the boundaries of the land therein referred to. It is obvious that differences may arise amongst claimants as to the extent of their ownership and their boundaries, and I am anxious that some tribunal, independent of the Government and assisted by Native Assessors, should be appointed to determine such differences. Any question as to the title of the Ngatiawa Tribe, collectively, will not be within the jurisdiction of the Commissioner, as his power will be confined to questions as to the extent of the boundary, rights of members and sections of the Ngatiawa Tribe, and the boundaries of the lands over which those rights extend. It would afford me much gratification and would not fail, I think, to give general satisfaction if you would accept the office of Commissioner, and I trust, therefore, if you feel it consistent with other duties, that you will permit me to make the appointment. I have, &c, T. Goee Beowne. His Honor Judge Johnston, &c, &c, &c.

FURTHER PAPERS RELATIVE TO THE NATIVE INSURRECTION,