A.—s

1894. NEW ZEALAND.

PACIFIC ISLANDS (CORRESPONDENCE RELATING TO THE). [In continuation of A.-5, 1893.]

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

No. 1. Mr. F. J. Moss to His Excellency the Goveenoe. (No. 12.) My Lobd, — British Eesidency, Barotonga, sth August, 1893. I have the honour to inform your Excellency that H.M.S. " Ringdove " arrived on the 25th July, with Mr. Eoss, as special Judicial Commissioner, from Fiji, to adjudicate at Penrhyn Island on the seizure of the schooner " Norval," reported in my despatch No. 3/93, of 28th February. The " Eingdove " called here in order that Mr. Eoss might obtain an interpreter. 2. Mr. Eoss found the Native schooner " Omaka " lying at Barotonga. She had arrived from Penrhyn on the 18th, a week before his arrival, with information that H.M.S. " Hyacinth " had been to Penrhyn, and that Captain May had adjudicated, in ignorance apparently of the proceedings instituted by His Excellency the High Commissioner. 3. Very little is yet known definitely of Captain May's decision. The only information I have been able to obtain is contained in the enclosed letter to me from the Penrhyn Hau (received by the " Omaka "), and in a statement made by Mr. Benson (the master of that vessel). Mr. Benson states that he arrived at Penryhn from Earotonga on the 3rd July, that the " Norval " left for Earotonga on the Ist, and that the " Hyacinth " left later on the same day. The dates in the Native letter differ from this, but they are seldom accurate coming from Natives so isolated as those of Penrhyn. It is to be regretted that the " Omaka " did not reach Penrhyn a few days earlier, as I sent by her the information to the Hau that the High Commissioner would send an officer to adjudicate. 3a. The "gentleman from Tahiti," referred to in the Native letter as having helped them from his own pocket, is, I learn, a Mr. George Dexter, a trader from Tahiti, who has in return secured the right to introduce diving-dresses and divers, and obtained practically a monopoly of the pearlshell fishery in the island. Unless precautions have been taken, the lagoon will thus be swept clean, and some years be required for its recovery, while the trade of the island will be diverted from Barotonga to Tahiti. 4. Mr. Boss was placed in a position of considerable difficulty, but as the Penrhyn natives who had come to Barotonga on the " Omaka" applied to him for a summons to recover the money in the hands of Donald and Edenborough, of Barotonga, in connection with the " Norval " case, he decided, after careful consideration, to hold his Court here, and applied for the use of a building for the purpose. 5. I enclose copy of Mr. Boss's application, and of the reply sent by the Ariki Makea, acting under my advice. The Parliament House was placed at Mr. Boss's disposal for this occasion; but on the grave question of jurisdiction, I deemed it my duty to advise Makea to state explicitly that the holding of the Court was not to be regarded as a recognition on her part that the Order in Council of 15th March, 1893, placed the Cook Islands within the High Commissioner's jurisdiction. 6. Makea's contention is based on the 6th Article of the Order in Council, which excepts from the jurisdiction places "excluded by the 4th Article." Among such places, "any place for the time being within the Protectorate of any civilised Power " is specially mentioned; and this is clearly the status of the Cook Islands, with the exception of Aitutaki. 7. On the other hand, the same Article (the 4th) expressly includes " as within the limits" of the Order in Council, "places under the protection of Her Majesty," while it as expressly excludes those " within the Protectorate of any civilised Power." Mr. Eoss holds that the term " civilised Power" is thus meant to apply to foreign Powers only, and should be so read in the Article defining (the 6th) the limits " of the jurisdiction." , 8. Eespecting Aitutaki, I may observe that, in accordance with my instructions from His Excellency Lord Onslow, of the 25th February, 1891, it was not included in the Protectorate, but remained in the position in which it was placed by the Proclamation of Captain Bourke, of

A.-5.,1892,N0.7.

A.-1., 1891, Sess, 11., Enclosure No. 2.