DESPATCHES FROM THE GOVERNOR OF NEW ZEALAND TO THE SECRETARY OF STATE.

Appendix to the Journals of the House of Representatives, 1884 Session I, A-01

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1884. NEW ZEALAND.

DESPATCHES FROM THE GOVERNOR OF NEW ZEALAND TO THE SECRETARY OF STATE.

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

No. 1. ■ His Excellency the Goveenoe to the Seceetaey of State for the Colonies. (No. 64.) My Loed,- —■ Government House, Wellington, Bth September, 1883. With reference to your Lordship's circular despatch of the 19th June last, inquiring whether the Government of this colony will undertake to transmit copies of all its official publications direct to the Librarian of the British Museum, upon the understanding that certain English official publications shall be transmitted to the colony, I have the honour to state that my Government accept your Lordship's suggestion with much satisfaction, and have made arrangements to give effect to it, commencing with the publications of the present year. I have, &c. Wm. F. DEUMMOND JEEVOIS. The Eight Hon. the Earl of Derby.

A.-2.—No. 1,

No. 2. His Excellency the Goveenoe to the Seceetaey of State for the Colonies. (No. 65.) My Loed, — Government House, Wellington, Bth September, 1883. I have the honour to transmit herewith a copy of a letter from the Hon. G. Eandall Johnson, M.L.C., the Chairman of the Joint Library Committee of the General Assembly of New Zealand, to the Premier, Mr. Whitaker, stating that the Committee are desirous of obtaining a set of the Journals of the House of Lords, or such volumes thereof as can be secured. 2. I have the honour to suggest, should your Lordship think fit to do so, that application should be made to the proper authorities at the House of Lords on the subject. Any volumes that are sent to the Agent-General will be forwarded by him to New Zealand. I have, &c. Wm. F. DEUMMOND JEEYOIS. The Eight Hon. the Earl of Derby.

Reply, A.-2, No. 26.

Enclosure. The Hon. G. Randall Johnson to the Hon. the Premise. Sib, — Parliament Buildings, 21st August, 1883. The Joint Library Committee of the General Assembly are desirous of obtaining a set of the Journals of the House of Lords, or such volumes thereof as can be secured. A resolution for the purpose of obtaining this end has been passed by the Committee, and I would now beg that you will request His Excellency the Governor to make the necessary application to the proper authorities m England. I need hardly add that the Committee are prepared to defray such expense as it may be found necessary to incur in obtaining them. I have, &c. G. Eandall Johnson, The Hon. the Premier. Chairman of Library Committee. I—A. 1.

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No. 3. His Excellency the Goveenoe to-the Secbetaey of State for the Colonies. (No. 66.) My Loed, — Government House, Wellington, Bth September, 1883. I have the honour to transmit herewith copies of " The Confederation ' and Annexation Act, 1883," which has been passed by both Houses of the New Zealand Legislature. 2. Although, as your Lordship will observe, the powers conferred by the Act are of a very limited character, the duty of the Commissioners for whose appointment it provides being merely to report to the New Zealand Legislature, and no action can be taken on their recommendations without the consent of Her Majesty, yet, as bearing on a matter of Imperial policy, I have decided, in accordance with the recommendation of my Ministers, to reserve the Bill for the Eoyal assent. I have, &c. Wm. F. DEUMMOND JEEVOIS. The Eight Hon. the Earl of Derby.

Reply, A.-3c, Session I. No. 10.

No. 4. His Excellency the Govebnob to the Secbetaey of State for the Colonies. (No. 69.) My Loed, — Government House, Wellington, Bth September, 1883. I have the honour to transmit herewith a copy of a letter addressed to me by the Speaker of the Legislative Council of this colony, forwarding a communication from himself, the Speaker of the House of Eepresentatives, and numerous members of the Colonial Legislature, to the Eight Honourable W. B. Gladstone, M.P., inviting him to visit New Zealand. I have, &c, Wm. F. DEUMMOND JEEVOIS. The Eight Hon. the Earl of Derby.

Reply,"" A.-2, No. 18,

Enclosure < Sir William Fitzheebeet to Sir William Jeevois. Sic;— Wellington, Bth September, 1883. I have the honour to forward to your Excellency the enclosed documents, asking the Eight Hon. W. E. Gladstone to visit New Zealand, and to request that your Excellency may be pleased to forward them by the outgoing mail. I have* &c. William Fitzheebeet, His Excellency the Governor, Wellington. Speaker of the Legislative CounciL

Sub-Enclosure 1. The Eight Hon. W. E. Gladstone, M.P. &c. Sic, — We, the Speakers of the Legislative Council and House of Representatives of the Colony of New Zealand, desire to present to you an invitation, from ourselves and brother legislators, to visit our shores, if your duties as Premier of the Empire will admit of it. We are sensible of the exertions you made thirty years ago to give this colony a free constitution, and we are now in the enjoyment of free institutions which have flowed from the New Zealand Constitution Act. The people of New Zealand are members of the British Empire, and as such come within the designation of " Kin beyond the sea; " and we, in our capacity as Speakers of both branches of the Legislature, tender to you the invitation of ourselves and brother legislators to pay the Colony of New Zealand a visit, if circumstances will admit of your doing so. We do so in the belief that such a visit would draw closer the bonds of affection that unite the colony to the Mother-country. We have, &c. William Fitzheebeet, K.C.M.G. Speaker of the Legislative Council. G. Maueioe O'Eoeke, Kt. Speaker of the House of Eepresentatives.

Sub-Enclosure 2. To the Eight Hon. William Ewaet Gladstone, M.P. &c, HoNOUEED SlE,— In the name of our fellow-citizens throughout New Zealand, we, the undersigned members of the Colonial Legislature, most cordially and respectfully invite you to visit this colony.

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We are persuaded that great benefits would result from such visit both to the Mother-country and to this her youngest daughter in the Pacific. We venture to think that you, who have rendered such signal and various services to the Empire, may deem it not unworthy of your high position to accede to this request. Your doing so would undoubtedly tend to strengthen more firmly than ever the bond which unites us to the parent State. . . ,■. .-. We cannot forget the interest which you manifested in New Zealand affairs in the early days of the colony, nor the extent to which the colony is indebted to you for representative institutions. We recognize that we are asking you to make some sacrifice of personal ease, but have the less hesitation in doing so, inasmuch as it is understood that you are a good sailor,, and that the national pastime of yachting had been repeatedly to you a source of renewed health and strength. A voyage to New Zealand, now that there are magnificent steamers making the passage direct, may be regarded as a prolonged yachting cruise; one from which, we venture to think, you would return to the Mother-country carrying with you pleasant memories of this the land of our adoption. Frederick Whitaker, Premier W. H. Eeynolds, M.H.E. William Mtzherbert, K.C.M.G., M.L.C. W. D. H. Baillie, M.H.E. i G. S. Whitmore, K.C.M.G., M.L.C. E. Hamlin, M.H.E. W. B. D. Mantell, M.L.C J. Menzies, M.L.C. . J. C. Eichmond, M.L.C. E. T. Conolly, M.H.E. G. Maurice O'Eorke, Knight, Speaker of W. J. M. Larnach, C.M.G. M.H.E. House of Eepresentatives W. Montgomery, M.H.E. J. Macandrew, M.H.E. De Eenzie Brett, M.L.C. John Sheehan, M.H.E. H. Taiaroa, M.H.E.; and Thomas Dick, M.H.E. 47 other M.H.E.s and M.L.C.s.

No. 5. His Excellency the Goyeenok to the Seoeetaey of State for the Colonies. (No. 72.) My Loed, — Government House, Wellington, 25th September, 1883. I have the honour to inform your Lordship that Mr. Whitaker has resigned the offices of Premier, Attorney-General, and member of the Executive Council of this colony. Increasing age, and the necessity for exclusive attention to his private affairs, have led him to.take this step, one which he had for some time contemplated. , , 2. A reconstruction of the Ministry has thus become necessary. Major Atkinson has, at my request, assumed the duties of Premier, retaining at the same time the office of Treasurer; Mr. Conolly has taken the position of AttorneyGeneral, in addition to that of Minister of Justice; Mr. Dick, the Colonial Secretary, has resigned the Postmaster-Generalship, and the office has been transferred to Mr. Oliver, hitherto Minister without portfolio. The other Ministers have been confirmed in the offices previously held by them. 3. The Ministry, therefore, is now constituted as follows: Hon. H. A. Atkinson, Premier, Colonial Treasurer, Commissioner of Stamp Duties, Commissioner of Customs, and Minister of Marine Department; Hon. William Eolleston, Minister of Lands, Mines, and Immigration; Hon. Thomas Dick, Colonial Secretary and Minister of Education ; Hon. W. W. Johnston, Minister of Public Works ; Hon. J. Bryce, Minister of Native Affairs and Defence ; Hon. E. T. Conolly, Attorney-General and Minister of Justice; Hon. Eichard Oliver, Postmaster-General and Commissioner of Telegraphs. I have, &c. Wm. F. DRUMMOND JERVOIS. The Right Hon. the Earl of Derby.

No. 6. His Excellency the Goveenoe to the Secbetaey of State for the Colonies. (No. 73.) My Loed, — Government House, Wellington, sth October, 1883. With reference to your Lordship's despatch, marked Circular (1), and dated.the 16th July last, suggesting that a certificate should accompany each

• A.-2, No. 2.

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warrant issued under the Fugitive Offenders Act, certifying that the offence in respect of which the warrant is issued is one punishable in the manner required by section 9 of that Act, I have the honour to transmit herewith a copy of a memorandum from the Premier, Major Atkinson, stating that steps have been taken in compliance with your Lordship's recommendation. I have, &c, Wm. F. DRUMMOND JERVOIS. The Right Hon. the Earl of Derby.

Enclosure. Memoeandum for His Excellency. The Premier has the honour to return to His Excellency the circular and enclosures from the Colonial Office respecting the Fugitive Offenders Act. 2. By a recent Act of the New Zealand Legislature—" The Fugitive Offenders Jurisdiction Act, 1883," of which a copy is enclosed—the jurisdiction under Part I. of the Imperial "Fugitive Offenders Act, 1881," which is hereby directed to be exercised in a British possession by such Court, Judge, or magistrate as may be from time to time provided by an Act or Ordinance passed by the Legislature of that possession," has been conferred upon the Resident Magistrates of this colony. 3. In compliance with the suggestion made by the Solicitor to the Treasury, a circular is being prepared, and will be sent to the Eesident Magistrates as soon as possible, directing that every warrant under the Act shall state, not only the offence charged, but also that such offence is punishable in New Zealand, either upon information or indictment, by imprisonment with hard labour for twelve months. In addition to this, an authenticated certificate, under section 29, that the offence charged is punishable as stated in section 9, will be forwarded with each warrant. Wellington, 4th October, 1883. H. A. Atkinson,

No. 7. His Excellency the Goveenoe to the Seceetaey of State for the Colonies. (No. 74.) My Loed, — Government House, Wellington, 6th October, 1883. With reference to your Lordship's despatch, marked Circular (1), and dated 21st July last, concerning a Treaty of Commerce and Navigation between Her Majesty and the King of Italy, I have the honour to transmit herewith a copy of a memorandum from the Premier, Major Atkinson, stating that it is desired that this colony should come within the operation of the Treaty. I have, &c. Wm. F. DRUMMOND JERVOIS. The Right Hon. the Earl of Derby.

A.-2.—No. 8

Enclosure. Memoeandum for His Excellency. The Premier has the honour to ask that His Excellency will reply to the Secretary of State's circular, dated 21st July, that it is desired New Zealand should come within the operation of the Treaty of Commerce and Navigation between Great Britain and Italy which was signed on the 15th June last. H. A. Atkinson. Wellington, 2nd October, 1883.

No. 8. His Excellency the Govebnob to the Secbetaby of State for the Colonies. (No. 75.) My Lobd, — Government House, Wellington, 6th October, 1883. I have the honour to transmit to your Lordship copies of the Acts passed by the General Assembly of New Zealand during the recent session, to which I have assented in the name and on behalf of Her Majesty; also of " The Confederation and Annexation Act, 1883," which (as stated in my Despatch No. 66, dated the Bth September, 1883), I have reserved for the Royal assent ; together with a synopsis of these Acts, prepared by the Solicitor-General. 2. I also forward a* separate despatch (No. 76) with reference to|" The Destitute Persons Act Amendment Act, 1883." I have, &c. Wm. F. DRUMMOND JERVOIS. The Right Hon. the Earl of Derby.

Eeplr, A.-2," No. 22.

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No. 9. His Excellency the Governor to the Secretary of State for the Colonies. (No. 77.) My Lord, — Government House, Wellington, 6th October, 1883. I have the honour to forward herewith a petition from Mr. William George Garrard, of Auckland, complaining of his arrest and detention in custody at the hands of Thomas Cotter, Esq., acting as Eeturning Officer for the Colony of New Zealand, and praying that his petition may be laid before Her Majesty's Ministers, and that such relief may be granted as your Lordship may deem right. 2. I have caused inquiries to be made into the facts of the case, and find that Mr. Garrard was prosecuted by the Registrar of Electors at Auckland, the charge being that he handed in a paper, witnessed by himself, purporting to be signed by a man who had in fact not signed it, and who did. not possess the qualifications necessary for an elector in the district, claiming to be placed on the electoral roll. 3. The indictment was held by the Judge to be bad on a technical point, and Garrard was discharged. He then brought an action against the Registrar of Electors, claiming £500 damages, but judgment was given against him. Mr. Garrard subsequently issued another writ against the Registrar, but it was set aside, with costs. He has also petitioned the Legislature, but his petition was reported against by the Public Petitions Committee. I have, &c. Wm. E. DRUMMOND JERVOIS. The Right Hon. the Earl of Derby.

Reply, A.-2, No. 20.

Enclosure. To the Eight Hon. the Secretary of State. The humble petition of William George Garrard, of the City of Auckland, Provincial District of Auckland, and Colony of New Zealand, settler, humbly showeth, — 1. That your petitioner is a true and loyal subject to Our Most Gracious Majesty Queen Victoria. 2. That your petitioner served in the Crimean War of 1853 to 1836 as an able seaman and petty officer in Her Majesty's ship " Terrible," Captain James McCieverty being in command, for which your petitioner received the Queen's honours. 3. That your petitioner served in the Indian Mutiny in the years 1856 to 1857, under Commodore Watson, " Jessipike," frigate; also received the Queen's honours. 4. That your petitioner has also received the New Zealand medal during the war of the Waikato. 5. That I have resided in the Colony of New Zealand more or less for nearly twenty years. 6. That your petitioner claimed the right on the premises set forth to stand as a candidate, being an elector for the district, and eligible as required by law, and notified such to the public in general. 7. That your petitioner was, at the hands of one Thomas Cotter, Esq., acting as a Eeturning Officer for the Colony of New Zealand, arrested, detained in custody until bail could be found. (Copies attached.) 8. That your petitioner was committed for trial. 9. That one of Her Majesty's Judges directed the jury to dismiss the case, as there was no charge to uphold the indictment in law, which was dismissed. 10. That your petitioner prayed the Colonial Government of New Zealand for redress, and has not received justice or redress for such false imprisonment, damage to character, loss of health, and heavy loss in costs, besides loss of time, besides the degradation to his wife and child, to which your petitioner has been subjected, and the ridicule he has suffered. 11. That attached are all the papers connected with your petitioner's ease. 12. That your petitioner has petitioned the Parliament for redress, but has failed to get it, by two separate petitions. 13. That your petitioner has applied to the Colonial Government for redress, but was informed that the Law-courts of the Colony of New Zealand were open to your petitioner. 14. That your petitioner did take action in the Supreme Court of New Zealand, at Auckland, having failed to get his gross wrong righted, and served a writ for £500 damages, &c, against the said Thomas Cotter as Eeturning Officer for the Government of New Zealand, which was duly set down for hearing, and all my witnesses present to prove my innocence; being without funds, I was unable to employ counsel on my behalf, whilst arrayed against me were two legal gentlemen. Your petitioner duly attended the Supreme Court on the day fixed for hearing, when, through a sudden illness, your petitioner was about ten minutes late, when, to his surprise, on his case being called on, it was dismissed, without your petitioner being even heard, and mulcted in heavy costs.

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15. Your petitioner's case being No. 7 on the list, when your petitioner's case was prosecuted in the same Court for the offence which he attended his trial, your petitioner was kept three whole days waiting, when the charge was dismissed by the same Judge. 16. That your petitioner issued a new writ against the said Thomas Cotter in the same Court, under the same Judge, and for the same cause. The writ was duly issued, the case set for hearing, when, before being allowed to go to a jury, the defendant's counsel raised a legal quibble (as before, I had no counsel): that, as the case was dismissed, your petitioner could not re-open. The Judge ruled that the objection was fatal, and the case was dismissed, again leaving your petitioner without any further remedy than to petition the Throne for justice, having exhausted the Colonial Government, the General Assembly of New Zealand, and the law-courts. I therefore, by my right, petition you, Eight Honourable Sir, to have this, my humble petition, laid before our Most Gracious Majesty's Ministers, and, as in the premises set forth, grant such relief as to you, Eight Honourable Sir, may deem honourable, right, just, and merciful; and your petitioner, as in duty bound, will ever pray. William Geobge Gaebabd, English and Turkish Medal, Indian Mutiny Medal, New Zealand Medal, At Auckland, City of Auckland, and Colony of New Zealand, on Monday, the 21st August, in the year of our Lord, one thousand eight hundred and eighty-three,

No. 10. His Excellency the Governor to the Secretary of State for the Colonies. (No. 79.) My Loed, — Government House, Wellington, 6th October, 1883. With reference to my Despatch No. 18, dated the 24th March last, and further correspondence on the same subject, I have the honour to report that the survey for the railway through the " King country " is progressing satisfactorily. The surveyors have been on more than one occasion stopped : not, however, from any political motives, but only by order of certain chiefs who claimed the right of being directly communicated with by the Government before the survey was made through their territory ; and on this being done the surveying party was, in each case, allowed to proceed without further hindrance. 2. On the 20th ultimo Mr. Eochfort, a Government surveyor, attended a large meeting of Natives at Banana, a place near one of the projected routes. Several Maoris, including Major Kemp, spoke, expressing their satisfaction with the project of the railway, and many Natives undertook to accompany Mr. Eochfort on his journey. 3. A difficulty has occurred in connection with the opening of the Harbour of Kawhia. Some Maoris removed and injured the beacons which had been erected for facilitating the navigation. Steps were immediately taken for their re-erection, and it was thought desirable to despatch a hundred men of the Armed Constabulary to the spot, but no hostility is apprehended. 4. I will report further to your Lordship on this subject after the return of the Government steamer which was sent to replace the beacons. I have, &c. Wm. F. DEUMMOND JEEYOIS. The Eight Hon. the Earl of Derby.

See No. 13,

No. 11. His Excellency the Governor to the Secretary of State for the Colonies. (No. 81.) My Lord, — Government House, Wellington, 2nd November, 1883. With reference to your Lordship's despatch marked Circular, dated the 21st August last, forwarding a copy of a letter from Lloyds, requesting to be supplied with certain information respecting the signal-stations on the coasts of Australian Colonies, I have the honour to transmit herewith a copy of a memorandum from my Ministers, containing the information desired with respect to the signal-stations on the coasts of this colony. I have, &c. Wm. F. DEUMMOND JEEVOIS, The Eight Hon. the Earl of Derby.

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Enclosure. Memorandum for His Excellency. Ministees have the honour to return to His Excellency the circular despatch of 21st August, and to forward the information asked for by Lord Derby on behalf of the Committee of Lloyds. Only two coast signal-stations, such as those inquired about, have yet been established in New Zealand. One of them is at Cape Saunders, lat. S., 45° 52'; long. E., 170° 46'; the other at Nugget Point, lat. S., 46° 27'; long. E., 169° 51. The lighthouses at the points named are connected with the general telegraphic system, and the cost of a message - sent from either of them to London would be lls. lOd. a word. W. Rolleston, Wellington, 30th October, 1883. In the absence of the Premier.

No. 12. His Excellency the Goveenoe to the Seceetaey of State for the Colonies. (No. 82.) My Loed, — Government House, Wellington, 2nd November, 1883. I have the honour to transmit herewith copies of a memorandum by the Native Minister, Mr. Bryce, giving an account of the funeral of the late Mete Kingi Paetahi, a highly-respected Maori chief, and containing a short notice of his life and services. 2. Your Lordship will no doubt regard it as valuable evidence of the friendliness between the two races, that both Europeans and Maoris, clerical and lay, military and civil, united in performing the ceremony, and that such large numbers of Natives and colonists attended the funeral. I have, &c. Wm. E. DEUMMOND JEEVOIS. The Eight Hon. the Earl of Derby.

Reply, A.-2, No. 23. Enclosure printed as Gr.-3, Session I.

No. 13. His Excellency the Govebnoe to the Seceetaey of State for the Colonies. (No. 83.) My Loed, — Government House, Wellington, 2nd November, 1883. In continuation of my Despatch No. 79, dated the 6th October last, I have the honour to inform your Lordship that matters connected with the opening of the Harbour of Kawhia are progressing satisfactorily. The Armed Constabulary have been well received by the Natives, and have been supplied by them with meat and other provisions. 2. The Natives on the spot have expressed pleasure at the prospect of the opening of the harbour and the promotion of European settlement. They have also made a formal application for a survey of their land, and state that it is their intention to lease it, observing that, whilst they have remained in poverty, their friends in the Hawke's Bay and Wairarapa districts, who have granted leases to Europeans, are living in comfort and even luxury on the rents they receive. 3. I transmit herewith copies of a memorandum from the Native Minister, Mr. Bryce, on the opening of Kawhia Harbour, and on the recent establishment of a Constabulary post in that locality. I have, &c. Wm. F. DEUMMOND JEEVOIS. The Eight Hon. the Earl of Derby.

See No. 10. Reply, A.-2, No. 24.

No. 14. His Excellency the Goveenoe to the Seceetaby of State for the Colonies. (No. 85.) My Lobd, — Government House, Wellington, 23rd November, 1883. I have the honour to inform your Lordship that the Hon. W. W. Johnston has this day resigned the portfolio of Public Works, as he intends soon visiting Europe.

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Mr. Edwin Mitchelson, member of the House of Representatives for Marsden, in the Provincial District of Auckland, has been appointed in his stead, and has taken the oaths and his seat as a member of the Executive Council. Mr. Johnston still remains a member of the Executive Council, but without portfolio. I have, &c. Wm. F. DRUMMOND JERVOIS. The Right Hon. the Earl of Derby.

No. 15. His Excellency the Goveenob to the Seobetaey of State for the Colonies. (No. 86.) My Loed, — Government House, Wellington, Bth December, 1883. With reference to your Lordship's circular despatch of the 22nd August last, transmitting a copy of a letter from the Admiralty drawing attention to the large number of desertions from Her Majesty's ships on the Australian station, I have the honour to state I had previously received a communication on the subject from Commodore Erskine. 2. I transmit herewith a copy of a memorandum from the Premier, Major Atkinson, with reference to your Lordship's despatch and to Commodore Erskine's letter, from which your Lordship will perceive that my Ministers believe that the strength of the police force in this colony is sufficient for all reasonable purposes in connection with the apprehension of naval deserters ; that it is already the practice for the Colonial Government to offer a reward of £5 for the apprehension of each deserter, in addition to that offered by the Naval authorities; that in future the cost of escorting any apprehended deserter to the nearest New Zealand port shall be defrayed out of the colonial funds; and that the list of deserters given with the Admiralty letter of the Ist August, and forwarded by Commodore Erskine, shall be published throughout the colony. 3. I can assure your Lordship that my Government are most anxious to cooperate with the Commodore in repressing desertion; and fully realize the importance of doing all in their power for the attainment of that object. I have, &c. Wm. F. DEUMMOND JERVOTS. The Right Hon. the Earl of Derby.

A.-2, No. 10. Eeply, A.-2, No. 33.

Enclosure. Memoeandum for His Excellency. The Premier has the honour to return to His Excellency the letter from Commodore Erskine dated the Ist October, enclosing correspondence sent by the Lords Commissioners of the Admiralty respecting the apprehension of deserters from Her Majesty's ships on the Australasian Station, and also the Colonial Office Circular dated the 22nd August, covering copy of same correspondence. To the suggestions and requests made by the Admiralty and by Commodore Erskine the Premier begs to reply —(1.) The Government believe that the strength of the New Zealand Police Force is sufficient for all reasonable purposes in connection with the apprehension of naval deserters. (2.) It is the practice in this colony to offer a reward of £5 for the apprehension of each such deserter, in addition to any reward offered by the Imperial Government. (3.) The Government will direct that in future the cost of escorting any apprehended deserter to the nearest New Zealand port shall be defrayed out of the colonial funds. (4.) The list of deserters given with the Admiralty letter of the let August shall be published throughout the colony. H. A. Atkinson. Wellington, 10th November, 1883.

No. 16. His Excellency the Govebnoe to the Seceetaby of State for the Colonies. | (No. 87.) My Loed — Government House, Wellington, Bth December, 1883. '- I have the honour to inform your Lordship that the Native Minister, Mr. Bryce, who is now on an official tour in the Maori districts of this Island, reports that he has had very satisfactory meetings with nearly all the principal men of the Ngtimaniapoto tribe; and that they have made an application to the Native Land Court for survey and investigation of title for the bulk of the land

Reply, A.-2, No. 27.

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known as the " King country." The application is signed, with general consent, by the most influential and representative chiefs of the tribe. 2. This appears very satisfactory as amounting to a practical abandonment of the so-called King movement. Indeed, I am informed that the Maoris who formerly recognized Tawhiao as King are now falling away from him on all sides. I have, &c. "Wm. F..DSJJMMOND JEEYOIS. The Eight Hon. the Earl of Derby.

No. 17. His Excellency the Governor to the Secretary of State for the Colonies* (No. 1.) My Lord, —■ Government House, Wellington, Ist January, 1884. With reference to your Lordship's Despatch No. 68, dated the Bth November last, concerning a petition from certain Maori chiefs, I have the honour to return the petition, together with a translation. 2. As your Lordship will perceive, it is from the same Natives who addressed to the English Parliament, in March last, the petition which was transmitted to me in your Lordship's Despatch No. 22, dated the 22nd April, 1883. My reply to that despatch is No. 55, of the 11th August last; and the sub-enclosure in that despatch contains a sufficient answer to the allegations in the present petition. 3. I have, in accordance with your Lordship's direction, informed the petitioners that their petition will be laid before the English Parliament, with a translation, and a report from me thereon. I have added, however, that my report is merely a reference to my former despatch. I have, &c. Wm. F. DEUMMOND JEEYOIS. The Eight Hon. the Earl of Derby.

A.-2, So. 19. Reply, A.-2, No. 30.

Enclosure. [TRANSLATION.] The Waitaki Runanga, 14th August, 1883. To the Queen's Mikistebs and the Chiefs of the English Parliament. Friends, greeting to you : This is a petition from us to you, 0 Queen, requesting you to give effect to our petition which has reached you. We wish the land divided, the Government of New Zealand to retain .that portion that they have paid for; and. the portion that has not been paid for to be for us the Natives of the Middle Island. We feel that it is the English Parliament alone that can finally settle these troubles. They cannot be settled by the Government of New Zealand, because it has let portions for sheep-stations, diggings [gold] have been opened on some portions, and portions have been sold to certain Europeans; for these reasons we say that the Government of New Zealand cannot settle this matter. That is all. From us, the chiefs of the Middle Island, Tb Maihaeoa Hoehe and Others. Sufficient, from the principal chiefs of the Middle Island and my hapus, numbering 277 persons;

No. 18. His Excellency the Governor to the Secretary of State for the Colonies. (No. 8.) My Lord, — Government House, Wellington, Ist March, 1884. With reference to your Lordship's Despatch No. 55, dated the 11th October last,, forwarding a letter from the Secretary of Lloyds, in which it is alleged that the delay in placing a lighthouse on Waipapa Point in some degree contributed to a marine casualty in the neighbourhood of Inveroargill, I have the honour to transmit herewith a copy of a memorandum from the Premier, Major Atkinson, stating that the light has now been exhibited, and explaining the position of this colony with reference to the erection of lighthouses. I have, &c. Wm. E. DEUMMOND JEEYOIS. The Eight Hon. the Earl of Derby. 2—A. 1.

A.-2, No. 14.

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Enclosure. Memorandum for His Excellency. With reference to the despatch from the Secretary of State, and its enclosure from the Committee of Lloyd's, calling attention to a marine casualty in the neighbourhood of Invercargill, New Zealand, which it is alleged arose in some degree through the delay in placing a lighthouse on Waipapa Point, the Premier has the honour to state that the light was exhibited at Waipapa on the Ist instant. 2. There was not any delay in erecting this lighthouse. The whole question of lighting the coast of the colony was considered some years ago, and the plan then decided upon has been steadily proceeded with, those lights which were considered the most important having beta provided, as means would permit. 3. The Government believe that, having regard to the population of New Zealand and the extent of seaboard, this coast is probably better lighted than that of any other colony or country, for twenty-five coastal lighthouses exist and two others are being erected. Wellington, 25th January, 1884. H. A. Atkinson.

No. 19. His Excellency the Govebnob to the Seceetaey of State for the Colonies. (No. 9.) My Lobd, — Government House, Wellington, Ist March, 1884. With reference to your Lordship's Despatch No. 58, of the 24th October last, transmitting to me a copy of a letter from the Aborigines Protection Society, enclosing one from the Maori members of the House of Representatives in New Zealand, on the subject of the Native lands in the colony, and asking for any observations which might occur to my Government on the points adverted to therein, I have the honour to transmit herewith a memorandum from the Native Minister, Mr. Bryce, which expresses the views of my Government on the question. 2. The main point in the letter from the Maori members is the request contained therein "that the Native Land Courts should be done away with, and the land vested in an elective body of Maoris, who would be better able to decide questions of title than European Judges." 3. Such a proposition I believe to be absolutely impracticable, and, were it practicable, highly undesirable. Under the present system the ownership of the lands in question remains as much in the Natives as before the Treaty of Waitangi. There are, it is true, restrictions placed on the alienation of Native land, but these are imposed entirely for the benefit of the Natives themselves. By " The Native Land Court Act, 1880," as well as by former Acts on the same subject, care is taken that titles to Native lands shall be carefully investigated before an English Judge or Judges, assisted by a Native Assessor; and, when all claims to the land have been fully discussed, certificates of title (in some cases with restrictions against whole or partial alienation) are granted to those who, in the opinion of the Court, are entitled according to Native custom. Provision is made for the admission of evidence which would, according to the rules of English Courts, be inadmissible, and for the rehearing of cases. " The Native Land Division Act, 1882," regulates the division of land of which the title has been thus settled. Should the owners wish to sell or lease their land, " The Native Lands Frauds Prevention Act, 1881," prevents their being defrauded by the intending purchasers or lessees. By " The Native Land Laws Amendment Act, 1883," the acceptance of any conveyance or lease from Natives until forty days after the title has been ascertained is made a penal offence; and by " The Native Committees Act, 1883," it is provided that in certain districts the title to Native land may be investigated by an elective committee of Natives. 4. It must be admitted that the Act of 1880 was open to two practical objections: the amount of money that was wasted in legal expenses, and the amount of time that was wasted in investigations of title. With regard to the former, the amending Act of 1883 has as far as possible removed the objection, as, with the few exceptions mentioned in section 4, no lawyers are now admitted into the Court. The4atter objection arises from the extreme difficulty of ascertaining complicated titles of which there is no written evidence, and it would be infinitely increased if for the trained Judges were substituted Natives, unaccustomed to weigh evidence, and totally ignorant of the value of time.

A.-2, No. 17.

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5. The letter goes on to request that the elective body of Maoris should be empowered to make roads, &c, and to make laws for Maori guidance. 6. It would be impossible to give effect to such a proposal. It rests on the assumption that the Maoris have retired into the interior and aggregated themselves in one particular part of the country. Such, however, is not the fact. They are really scattered all over New Zealand. In some districts of the interior of the North Island they are in an actual majority; in others (such as Napier) a fair number live side by side with the Europeans; in others again, especially in the South Island, a mere handful of Natives may be found in districts thickly populated by settlers. They must, therefore, be subjected to the ordinary laws of the country. 7. In cases in which it is possible, great care is taken by the existing law t6 respect Maori customs and feelings. For instance, the succession to property is according to Native custom, not English law; in criminal cases where both prosecutor and prisoner are Maoris, the prisoner may claim to be tried by a Maori jury; and in civil cases, where both parties are Maoris, either may claim a Maori jury, or if only one is a Maori, he may claim a mixed jury. Special arrangements are also made with reference to the representation of Maoris in Parliament and on the Licensing benches. 8. From the foregoing your Lordship will perceive that there is no ground for the statement that the Maoris are oppressed; that the existing land laws of the colony are not unfair towards them; and that the suggestions now made by the Maori members are impracticable. 9. I transmit herewith copies of the Acts referred to in this despatch. I have, &c. Wm. F. DEUMMOND JEEVOIS. The Eight Hon. the Earl of Derby.

Enclosure 1. Memoeandum for His Excellency. In reference to a letter to Lord Derby from the Aborigines Protection Society, covering a letter signed by the four Maori members of the House of Eepresentatives, a few observations may be made, notwithstanding that there is some inconvenience in being required to make an official memorandum on such a communication as the letter in question; for it appears to be an admission that a defence on the part of the New Zealand Government is necessary in response to an attack made from an irresponsible quarter in London, prompted, there is little doubt, by some tenth-rate politician in New Zealand, with probably a petty grievance against the Government. The letter sent to the Aborigines Protection Society, although signed by the four Maori members of the House of Eepresentatives, bears ample internal evidence that it does not contain their sentiments, and cannot really have emanated from them. In the statement of grievances contained in the letter the writers identify themselves completely with the King movement, with the policy of isolation, which they claim as their own, and with threatened obstruction to public works. How completely this is at variance with facts, and how impossible it is that the letter can really express the minds of the Maori members, may be judged of by the following : — Major Te Wheoro is a Waikato chief, who has little, if any, claim on the isolated territory; he has been uniformly loyal; he fought on the side of the Queen's troops during the war, and has had his land claims, as a loyal chief, superabundantly recognized by the Government and the Compensation Courts. Tomoana is a chief of the Bast Coast, near Napier; has always been loyal; fought on our side during the war, and has never shown the least sympathy with the King movement or the policy of isolation. Tawhai is a chief of the Ngapuhi tribe in the northern part of the Island, and would be no more inclined to accept Tawhiao as his chief and isolation as his policy than I should myself. Taiaroa is a chief of the South Island, and feels only a general interest in these matters, but certainly he has not the least idea of accepting either Tawhiao or isolation. Whatever importance therefore may be attached in the abstract to the statements contained in the letter signed by the four chiefs, it need not be added to by the assumption that these statements really embody the feelings of the Native representatives. If further support to this assertion is required it will be found in a letter addressed to myself as Native Minister, after the close of last session, by Tawhai, a copy of which is attached for your information, and in the Taiaroa Land Act passed last session, which was strongly promoted by the chief interested. It will be seen that these documents are entirely inconsistent with the sentiments of the letter addressed to the Aborigines Protection Society. The letter to Mr. Chesson observes that it is from the Queen and British Parliament only that the Maoris can hope for aid against oppression. Indignation would be wasted on such a statement, but it is a fact which could be amply proved that the Maori race are in no way subjected to oppression, and, further, that no possible appeal to the New Zealand Assembly could be so certain of

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consideration as an appeal for justice to the Maoris or protection for them against oppression. It may be added, that there are four Maori members in the House of Representatives and two in the Legislative Council. The impression sought to be conveyed that large bodies of Natives have retired into a certain territory lying west of Lake Taupo, in order to remain in a state of isolated aboriginal happiness, is ridiculously inconsistent with facts. The Maoris within the territory indicated are comparatively few in number; they ara as jealously determined to exclude stranger Natives from their tribal lands as it is possible to conceive; the old Maori habits of industry having fallen into disuse, they are not living in their ancient comfort as respects- food": on the contrary, there is not a village in the part of the country alluded to where, at the present moment, the Natives are not absolutely in want of food. For years they have been sick of the policy of isolation, and it is now evidently at an end. The only Natives who desire to maintain it are Maoris who have little or no claim to the territory isolated. Objection is made to the Native Lands Court,, and a desire is expressed that titles should be determined by an elective body of Maoris, inaccurate statements being made in support of the objection. The Native Lands Court sits with one or more European Judges, and one Native Assessor ; the charges of the Court are little more than nominal; it can adjourn from place to place and ascertain the title to land by the best ways and means, irrespective of legal technicalities, being guided in its decisions by Native custom. At the instance of the Maori members, lawyers and agents are now excluded from the Court. The Court will in future be assisted by Native Committees, elected for the purpose by the Maoris. Possibly this description of the constitution and functions of the Court will be thought satisfactory, as showing the adaptability of the Court to the purpose for which it was constituted. As for the suggestion that Maori title should be determined by a body of Maoris, the idea is utterly impracticable : decisions would be very rarely arrived at, and scarcely ever accepted. The determination of Native title would become entirely hopeless, and, as the old men who could give evidence died off, the confusion, sufficiently great at the best, would become worse confounded. Moreover, the dissatisfaction of the Natives interested would certainly be profound, partly with the inevitable delay, but principally with the suspected partiality ; for, however great may be the distrust felt by some of the Maoris of European management and decisions, the distrust entertained of their own countrymen is much stronger. The desire expressed for a separate legislation for the Maoris scarcely requires comment. There are between thirty thousand and forty thousand Maoris scattered over the whole of the North Island : the European population of the colony exceeds half a million, and is rapidly increasing. It is self-evident that the Maoris must cast in their lot with the Europeans, accepting their institutions and laws. Any other course would assuredly result in disaster to the Native race. The statement that every year the control of Native land is more and more vested in the hands of the Minister of Native Affairs is simply untrue, and cannot be supported by the shadow of proof. On the contrary, for the past four years every effort has been directed to reducing to a minimum matters within the control of the Native Minister, and with such success has the course been pursued that I am prepared to advise the Cabinet and Parliament that the portfolio may now with safety be abolished. With respect to the closing threat of obstruction to the proposed railway through Maori land in the North Island, recent events, which are now history, may be allowed to be a sufficient answer. Serious obstruction to the prosecution of public works in Native territory need not be apprehended for the future. John Beyce, Wellington, 11th January, 1884. Native Minister.

Sub-Enclosure 1. To Mr. Lewis. My veey loving Fbiend, — Ohinemutu, 27th September, 1883. Greeting to you. I have been for nearly three weeks telling the Arawa about the good measures set forth by the Government this year for the Maori people living in New Zealand, and also about Mr. Bryce's and Mr. Eolleston's good administration for the hapus of the Arawa district, and, while I was telling them how anxious the Government were to protect the interests of the Maori people and the hapus of the Arawa, the leading chiefs and the people continually cried out, " Long live the Government, because that they have made these laws which would avert the great burden of the companies which press heavily on the Maori people." I and Mr. Clarke went to see one of the principal sections of the Arawa, the Tuhourangi, where he went to carry out the work intrusted to him by the Government within the boundaries of the land under the Thermal Springs Act at Rotorua. I said much in support of Mr. Clarke, and of his good administration. Mr. Clarke, too, made very clear explanations. Much pleasure entered into the hearts of the leading chiefs of Tuhourangi. Mr. Clarke spoke as follows to Tuhourangi: "Do not be in a hurry to answer these truths that Hone Mohi Tawhai and I have told you of, but give them your careful consideration, and, when the tribe have duly weighed them, then reply; because what I am doing is not to be done hastily but deliberately, so that you may be enabled to see which will'be the best course for you and for me. That is why I leave it for you to carefully consider my communication respecting the subdividing of your lands; the question also about a railway, which would greatly benefit your lands and make you and your children prosperous; and the administration of the leasing of your land by the Government." Clarke then said to the tribe, "This is all that I have to slay." "Whereupon all the chiefs and the people of Tuhourangi said, " Your administration is good, Oh, our parent! Leave us to consider your words after you have left." After Mr. Clarke had finished Tuhourangi asked me about the provisions of the Treaty of

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Waitangi, upon which I stood up to explain the justness of the Treaty. I first said, " Oh! the tribe. The Maori people of this Island are ignorant of the good points of that Treaty : the actions of the Maoris in this island and of Ngapuhi are not in accord with the Treaty. The first clause of the Treaty is as follows : ' We, the chiefs of the Confederation, cede to Her Majesty the Queen of England all the sovereignty over our lands.' The Maoris now say that the mana over their lands should be given back to them : this is wrong. Our parents long ago placed our lands—that is, their lands—under the mana of the government of the Queen of England, she on her part guaranteeing to protect them from foreign nations, it being for the Queen alone to protect their lands; whereas we, their descendants, presume to demand that we should have the mana to protect our lands." I also explained the meaning of the second clause, which is as follows : " We, the chiefs of the confederation, yield to Her Majesty the exclusive right of pre-emption over such lands as the proprietors thereof may be disposed to alienate, at such prices as may be agreed upon between the respective proprietors and persons appointed by Her Majesty to treat with them on Her behalf." Whereas we have acted differently and have abandoned the word which was agreed to by our parents, by those.persons who owned the land, and have proceeded in an opposite course by disposing of the lands, which our fathers determined should be purchased by the Queen, to companies and private individuals. The third clause states that " In consideration thereof, Her Majesty the Queen of England extends to them all the rights and privileges of British subjects." I said, "It is upon this clause that the Maoris are chargeable for rates, and Judges are appointed, Native Land Courts established, and all other matters, such as the dog-tax, &c, which have been enacted and will be in the future. 0, the tribe !if we are over-cautious we shall not benefit by such a course. Look at the Europeans, they pay many rates and taxes, but they do not suffer; on the contrary, they are prosperous, and it is through such a system that they are enabled to erect large buildings. I know the cause why some of the Europeans are poor: it is drunkenness. We are not sufficiently cauticus about the effects of that evil, drink, which causes the ruin of people. 0, tribe !we should be on our guard against this evil, drink, and should suppress it." I then ceased; whereupon the leading chiefs immediately called out, " What you say is very good. You are the first member that has given such a clear explanation of the Treaty of Waitangi; and your caution about the evil effects of drink, which press heavily on the Maori people, is very true." A leading chief of Tuhourangi, Te Keepa te Eangipuawhe, then stood up and said, "Do you ask the Government to send a copy of the Treaty of Waitangi for me, that is, for all Tuhouraugi;" and I agreed to do so, and I now ask you, because it is my earnest desire that you should send a copy of the Treaty of Waitangi to Te Keepa te Eangipuawhe—whose address is Wairoa, Tarawera Lake, Ohinemutu, Botorua —as a token of love from you to this great chief Te Keepa te Eangipuawhe. Hone Mom Tawhai.

Sub-Enclosure 2. "The Taiaroa Land Act, 1883."

Enclosure 2. " The Native Land Court Act, 1880." "The Lands Frauds Prevention Act, 1881." " The Native Lands Division Act, 1882." " The Native Land Laws Amendment Act, 1883." " The Native Committees Act, 1883."

No. 20. His Excellency the Governor to the Secretary of State for the Colonies. (No. 10.) My Lord, — Government House, Wellington, Ist March, 1884. With reference to your Lordship's circular despatch dated the 3rd October, 1883, concerning the proposed International Forestry Exhibition at Edinburgh, I have the honour to transmit herewith a copy of a memorandum from the Premier, Major Atkinson, stating the reasons why my Ministers are of opinion that it is not desirable that New Zealand should take part in the proposed exhibition. I have, &c. Wm. F. DEUMMOND JEEVOIS. The Eight Hon. the Earl of Derby.

A.-2.—No. 13,

Enclosure. Memorandum for His Excellency. Ministers regret that, owing to the short notice of the intention to hold a Forestry Exhibition at Edinburgh, it is not possible that justice should be done to it or to the colony supposing the attempt should be made to furnish a New Zealand court, and they are advised that this would especially be

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the case as regards specimens of timber, which in ordinary circumstances would be the most interesting portion of a New Zealand Forestry collection. Ministers have the honour to ask that His Excellency's reply to Lord Derby may, therefore, be to the effect that, for the reasons stated, it is considered not advisable that the colony should take part in the proposed exhibition. H. A. Atkinson. Wellington, 27th February, 1884.

No. 21. His Excellency the Governor to the Secretary of State for the Colonies. (No. 11.) My Lord, — Government House, Wellington, Ist March, 1884. I have the honour to acknowledge the receipt of your Lordship's despatch marked " General," and dated the 6th December last, transmitting a Supplementary Charter, passed under the Great Seal of the United Kingdom, granting and declaring that degrees in science conferred by the University of New Zealand shall be recognized as academic distinctions and rewards of merit, and entitled to rank, precedence, and consideration in the United Kingdom and in the British colonies and possessions. 2. I have forwarded the Charter to the Chancellor of the University. I have, &c. Wm. R DEUMMOND JEEVOIS. The Eight Hon. the Earl of Derby.

A.-2, No. 21

No. 22. His Excellency the Governor to the Secretary of State for the Colonies. (No. 15.) My Lord, — Government House, Wellington, Ist March, 1884. I have the honour to transmit herewith a copy of a memorandum from the Premier, Major Atkinson, forwarding papers relating to the proceedings of the master of an Auckland-owned schooner, the " Kate McGregor ;" also, of despatches which I have written to the Commodore of the Australian Station, and also to the Acting High Commissioner of the Western Pacific on the subject. I have, &c. Wm. F. DEUMMOND JEEYOIS. The Eight Hon. the Earl of Derby.

Enclosure 1. Memobandum for His Excellency. The Premier has the honour to forward, for His Excellency's information, papers relating to proceedings of the master of an Auckland-owned schooner, the " Kate McGregor." 2. It is alleged that this person, whose name is H. C. Hayward, carried from Apamana to Nanouti —each being an island of the Gilbert or Kingsmill Group—a number of armed natives, by whom attacks were made upon the Nanouti people, a considerable number on each side being killed or wounded. 3. It appears that there is no Colonial or Imperial law to enable a British subject to bo punished for acts such as those attributed to Hayward: unless it should prove possible for the High Commissioner, under the Western Pacific Orders in Council, to be satisfied that Hayward has been guilty of conduct dangerous to the peace and good order of the Western Pacific Islands, in which event he might be punished, as is stated by the Attorney-General in his opinion upon the case, of which a copy is attached. 4. The Collector of Customs at Auckland reports that it is understood Hayward has now arranged to charter, if not to purchase, the "Agnes Donald," schooner, 62 tons, Official number 70334, of Auckland. 5. It is hoped by Ministers that His Excellency will agree with the suggestion that it is desirable the Commodore should be asked, in the absence of any power on the part of the colonial authorities, to direct the Commanders under him to cause such watch as is possible to be kept upon the " Agnes Donald," so as to prevent a repetition of proceedings like those at Nanouti; and that His Excellency will, through tjje Colonial Office, submit to the Imperial Government a statement of the facts of the case. H. A. Atkinson, Wellington, 26th February, 1884.

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Opinion by the Attoeney-Genebal. I am of opinion that the master of the " Kate McGregor " has not committed any act for which he could be prosecuted, in this colony at least, nor probably elsewhere. The Western Pacific Order in Council includes the Gilbert Islands, but section 23 of that Order is specific, that any act that would not, by a Court having criminal jurisdiction in England, be deemed an offence making the person committing it amenable to punishment in England, shall not be deemed an offence under the Order. It is clear to me that the invasion of one of these islands by the inhabitants of another would not be an offence criminally punishable, and, if the principals could not be amenable to punishment, it is obvious that an accessory could not be; and, since the island which was invaded is not, in my opinion, a " friendly State " within the meaning of the Foreign Enlistment Act, nothing can be done in the way of prosecution under that Act. There can, however, be no doubt but that the acts of the master of the " Kate McGregor," and any similar acts., are dangerous to the peace and good order of the Western Pacific Islands. If so, the High Commissioner might, upon being satisfied that the alleged acts have been committed, prohibit the offender from being within the islands for two years. The High Commissioner must be satisfied by evidence on oath. Such evidence might be given by affidavits made in Auckland, where there is at least one resident Commissioner of the Supreme Court of Fiji. This power of prohibition, disobedience of the Order entailing imprisonment, would appear to be specially appropriate to such cases as the present. 25th February, 1884. Edwd. T. Conolly.

The Secretary, Marino Department, Wellington. Auckland, 16th January, 1884. A man named Alexander Russell, of schooner " Kate McGregor," of Auckland, came before me today and made declaration that vessel had been engaged carrying natives from Apamana to neighbouring island, with guns and ammunition, to fight. Vessel arrived here yesterday and reported fighting, but not that she was accessory to it. Should I consult Hon. Mr. Whitaker. Thomas Hill, Collector,

The Collector, Customs, Auckland. Wellington, 16th January, 1884. Hon. Majob Atkinson would like you to show Hon. Mr. Whitaker Alexander Russell's statement respecting fighting at islands. W. Seed*

The Secretary, Marine Department, Wellington. Auckland, 17th January, 1884. Hon. Me. Whitakeb unfortunately in Waikato. Not back before Tuesday at earliest. Cannot communicate with him there. Thomas Hill, Collector.

Sib, — Customs, Auckland, 18th January, 1884. Referring to telegrams from this office on the 16th and 17th instant, and yours of the former date, relative to certain transactions on board the schooner " Kate McGregor," of this port, at the Gilbert Group, I have the honour to report that, in accordance with your instructions, I called at the office of the Hon. Mr. Whitaker, but unfortunately that gentleman had gone up to the Waikato and would not probably be in town again before Tuesday next. Under these circumstances, I have considered it better in the meantime to forward to you a copy of the statements made by Alexander Russell, the cook and steward of the vessel, and on the return of Mr. Whitaker to lay the matter before him for his advice. I may mention that I have examined the official log of the vessel, and that the statement made by Russell is borne out so far as the carrying of armed natives from Apainana to a neighbouring island is concerned. I may further state that there is likely to be some difficulty between the husband of the owner and the master, H. C. Hayward, arising out of this matter. The " Kate McGregor" is registered in Auckland in the name of Mary Hellene Field, wife of Henry Harris Field, of Auckland, gentleman. The master resides in Auckland, and is in possession of a certificate of competency issued in New Zealand, No. 336. I have, &c. The Secretary, Marine Department) Wellington. Thomas Hill, Collector.

Alexander Russell, cook and steward of the schooner " Kate McGregor," of Auckland, came before me this day and deposed as follows :On the 27th November last, was at Apamana. Albert, one of the men, a German, told me that we were about to take two hundred men from here to Nanouti, to fight, and take the island. I replied that I would not go: that the natives could go in their canoes. Albert replied that he would like the sport. Same afternoon, two broken boats belonging to the king were taken on board and the vessel dropped down to the reef. Next day, 28th, boats were sent ashore. A boat came alongside with natives in charge, who brought with them and put on board boxes of ammunition and rifles. The master called me aft and ordered me to take the rifles down into the cabin. I objected or grumbled at this and said, "I do not like this ; it looks like war." The master said, "Do as you are told, damn you ; take them down." I then took them down and put them in a locker, still grumbling. More canoes and boats alongside : I went forward and told Albert that I protested against this work. I also told the captain that this looked like war, and I did not come on board to do such work. Mr. Field, husband to the owner, was on deck at the time. He said, "You do not like it." I replied that I did not. He then said, " You hear what the master said : you can go on shore if you like." I did not hear the master say this. 29th. More men, swords, and ammunition came on board at 4 p.m. I had been below a short time, but came on deck. Albert informed me that Mr. Field had had a row with the master about the guns and airmiunition, thinking that there were enough on board. I replied to Albert, "They are getting afraid now of their position. If a British man-of-war was to board us now the ship would be seized, and we made prisoners into the bargain ; but they could not make me Drisoner, for I protested yesterday." 8 p.m. Great number of natives on board; great excite-

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ment; the king expected to arrive. When the king came on board he told the master to go to Anamiki, an island about fifteen miles off, and that he would join him there. 30th. Arrived at Ananuki: more men, guns, and ammunition. There were about one hundred and forty- seven men and twelve women. In the afternoon the king came on board. Got three boats on deck belonging to the king—great excitement—two on the port and one on the starboard side. Port galley-door blocked up, starboard slightly. Could not move about the deck with the number of people. Ist December, 1883. At sea, bound for Nanouti, with about one hundred and sixty men and women, including the king and his two wives. 8 a.m. Breakfast was laid: master called me to put more biscuit on the table; I did so. The master then came in to the cabin, taking hold of me by the throat, and saying, "You son of a bitch; I will kill you." The king and his wives tried to prevent him. I then went forward to the galley. The natives were practising all day with their guns and revolvers; it was dangerous to go about the deck. Master all day engaged repairing their guns, very jolly among them. 2nd December. Vessel making no headway; water getting short. Master stood in for Koru, the king's headquarters. Anchored off Koru at 3 p.m. : the king and all the natives go on shore. 3rd December. Natives busy getting water. 4th December. Master on shore all night. 8 a.m. same day. Had a conversation with Mr. Field, told him I did not expect to reach Auckland, as the master had a down on me. I feared that the master would get one of the natives to shoot me behind my back and pretend that it was an accident; so I asked him to call at the post office at Auckland for letters for me, and write to my sons and let them know my fate. This Mr. Field promised to do, and took my name. Natives and men. still busy all day getting water. King and his party again came on board. Cabin blocked up with boxes and women. Put to sea late at night. sth December. At sea. Natives again practising with guns, as previously; felt very ill; no sleep for last three nights. 6th December, at sea. Made the island of Nanouti, south-east, and natives still practising. 7th December, 4 a.m. Off Nanouti five miles. Got boats out for natives to land. At 5 a.m. first boat started with natives, guns, and ammunition. Shortly after the other boats started, also loaded. Still getting closer in towards the point. 10 a.m. One of the boats returned for more men, and brought word that two Aparnana men had been shot; great excitement; more men landed; boats going and returning all day. At 2 p.m., about one mile off shore, could see the firing on shore from deck; Mr. Field watching the fight from the rigging. Called Mr. Field's attention to some canoes under our lee bow, loaded with men. I asked him if he could see any guns with them. He said he could not. We all thought that we would be killed. The captain was on board. I asked him if he saw the canoes; he replied. Yes. I wanted him to get up a cannon that was on board belonging to the king; ho replied that I was off my " onion." There were about thirty canoes ; the canoes all went away without coming near us. Three Apamana men were killed and nine wounded, and five Nanouti men shot and six wounded. A prisoner was sent on board bound with ropes. Bth December. Master went on shore. The King and'his party also went in the afternoon. A lot of natives from Nanouti sent on board. 9th December. Master on shore all night, also king and five wives. At 3 p.m. king came on board and inquired for master. All this time numbers of Nanouti natives were being brought on board. 4 p.m. Master came on board. Natives also coming with guns and swords, which the master ordered to be taken from them. I heard the master tell the king that the Nanouti men might kill him, and that there might be a rising during night. At 9 p.m. there were nearly three hundred people on board—natives. Mr. Field protested against this, when about one hundred were sent back: our men busy taking in king's boats. Started next morning for Apamana. Kept them on board nearly a week. Albert is still on board, and Mr. Field is in Auckland. The other men aboard as crew were islanders. Alexander Bussell. Declared before me at the Customhouse, Auckland, this 16th day of January, 1884.—Thomas Hill, Collector of Customs, Auckland. "Kate McGregor," schooner, of Auckland; Official number, 70190; &i-fwo tons register. Vessel registered in name of Mary Hellene Field, wife of Henry Harris Field, of Auckland, gentleman.

Sic, — Customs, Auckland, 21st January, 1884. Eeferring to my letter of number and date as per margin (27-84, of 18th January, 1884), relating to certain proceedings on board the " Kate McGregor," I have now the honour to forward copy of an extract from letter to Messrs. Henderson and Macfarlane, of this place, from Captain W. J. Henty, who resides at Apamana, corroborating the statement made by Alexander Bussell, copy of which was attached to above-mentioned letter. I will hand these extracts to Hon. Mr. Whitaker on his return from the Waikato. I have, &c. The Secretary, Marine Department, Wellington. Thomas Hill, Collector.

Extkact of Lettek from Captain J. W. Henty, dated Apamana, 17th December, 1883, to Messrs; Henderson and Macfarlane, Auckland. The " Kate McGregor " has been to Nanouti under arms on a war expedition. The king Bin oka and his people, from Apamana, who went with Captain Hay ward, have taken Nanouti, which now belongs to him, Binoka, so that Hayward will get in trouble, as the owner protested in not going, which he intends reporting on his arrival. Hayward has been bullying the owner like a dog. The king and Hayward have bought the " Kate McGregor " between them for £1,200, but, as the vessel was sold before she went on the war expedition, the owner not being aware of the above going to take place, he told me yesterday that on his arrival in Auckland he will place a bailiff on board the vessel for the security cff his charter-money, and he will also report to the Customs about the vessel being under arms and going to war with Nanouti, for fear of his vessel being seized by the authorities at Auckland, as he says the affair will leak out. Captain Hayward told the owner he was captain and he would carry out this war expedition, and that he might protest and be d d;

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and it is my belief that, should Captain Hayward come in proper possession of the vessel, and a cargo of copra in the vessel, he will make a moonlight lift of everything. There were three Apamana people killed and six wounded dangerously. There were several natives killed and wounded belonging to Nanouti, including one of the chief men killed. The king was on board the vessel during the fight.* The natives belonging to Nanouti had only ten guns. The Apamana natives were numerous and fully armed, which was the cause of the Apamana people being victorious. Hayward excuses himself for going, because he says it was an act of charity, and he has written a long paragraph to that effect, so as to work against the owner's intentions. We hereby certify the above are correct extracts from letter from Captain Henty abovementioned. — Thos. Jenkins, Accountant; W. H. Stbbbing, Junior Clerk. Auckland, 18th January, 1884.

gi E) Customs, Auckland, 9th February, 1884. With reference to correspondence from this office as per margin, and your replies thereon, relative to transactions on board the " Kate McGregor " at the Gilbert Group, I have the honour to report that I submitted the papers connected with the matter (and of which copies have been sent to you with my letter of the 18th ultimo) to the Crown Prosecutor, who is of opinion that, although the acts done by the master of the vessel were of a very scandalous nature, so much so as to render it advisable that steps should be taken to procure legislation, there is no power here to take proceedings. Opinion written out by Mr. Williamson, together with extract from Auckland Herald of 16th ultimo, all attached herewith. In giving this opinion I believe that Mr. Williamson is fortified by that of Sir F. Whitaker, with whom he has had some conferences on the subject. I have, &c. The Secretary, Marine Department, Wellington. Thomas Hill, Collector.

Opinion by the Cbown Solicitor, Auckland. The Collector. I kegbet to say, after a careful consideration of this case, that I am unable to find any provision under which the captain could be brought to account for his share in this transaction : at least, so far as our domestic legislation and laws are concerned. Whether or not anything is to be found in the numerous Acts and regulations of the other colonies or the Imperial Parliament affecting transactions amongst these islands I am unable to say, the means of ascertaining not being at my disposal in Auckland. Your informant, Eussell, whom I have interrogated on the subject, is unable to say what the captain did on shore, and, although he appears to have landed, we have no evidence that he took any active part in the fight himself—in fact, lie may have been nothing further than a passive spectator. The killing of these natives by each other is not murder so as to make the captain liable as an accessory. The provisions of the Kidnapping and Pacific Islanders Protection Acts clearly do not apply to the case, neither can I find in any of the Orders in Council any provisions which would meet such a case. The only evidence we have against the captain is that he carried these natives, armed, from one place to another. Whether he knew of their intentions to slaughter their opponents indiscriminately, as they appear to have done, is a matter in dispute. His own account (which I have clipped from the Herald, and enclose) puts a different complexion on the matter, although, in omitting to state that the " chartered vessel " to which he refers was the " Kate McGregor," the account is open to being considered disingenuous. He appears, however, to have carried captives from the island who were brought on board the vessel; but the seaman, Eussell, says that the captain did not direct or in any way interfere with their custody or disposal, but left them in the hands of their captors. These islands not being recognized as friendly States, the transport of belligerents from one to the other would not, I think, bring the captain within the provisions of the Foreign Enlistment Act; but that masters of British vessels shoidd lend or hire their vessels for such purposes is so scandalous a proceeding that steps should be taken to procure legislation prohibiting it, if such does not already exist. H. J. Williamson. Bth February, 1884.

gji;, ; Customs, Auckland, 13th February, 1884. Eeferring to my letter of the number and date noted in the margin (55-84, of 9th February, 1884), submitting opinion of Crown Prosecutor with respect to certain transactions which had taken place on board the " Kate McGregor" at the Gilbert Group, I now understand that the late master of that vessel (one H. C. Hayward) has made arrangements either to purchase or charter the schooner " Agnes Donald," 62 tons, official number 70334, of this port, owned by Messrs. Samuel Bradley and James Cooper Cairns, both of Onehunga, in which vessel it is suspected he intends carrying on similar proceedings to those on the former vessel. I am induced to report this matter for your information, respectfully submitting that, as there does not appear to be any power in this colony to deal with cases of this nature, intimation may be given to the commanders of Her Majesty's ships-of-war on the island station, who may be able to take steps to prevent the recurrence of such atrocious proceedings for the future. I have, &o. The Secretary, Marine Department, Wellington. Thomas Hill, Collector.

(Prom tlie New Zealand Herald, January 16th.) The schooner " Kate McGregor " arrived in harbour yesterday morning, from a cruise amongst) the Line Islands. We are indebted to Captain H. 0. Hayward, of the " Kate McGregor," for the following account of dreadful scenes on one of the islands of the Gilbert Group. Captain Hayward. states: — 3—A. 1.

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It is my painful duty to report a very sad occurrence that has taken place on the Island.ot: Nanouti, one of the Gilbert Group, within the last few months, brought about chiefly, I might say solely, by the wilful disregard of the rules expressly laid down in regard to delivering return labour ajt their own islands. It appears that the "Julia," a vessel of Honolulu, landed on the Island of Nanouti from twenty to thirty returned people of Apiang and Tarawa, two islands north of the Equator, but in the same group. These are well known to be in a constant state of civil warfare, and are people who are well-accustomed to the use of firearms. These men were armed with Winchester repeating rifles (sixteen-shooters). They have no claim to anything on the island, and were landed amongst a people who, although regardless of law and order, are still comparatively harmless, their only weapons of. offence or defence being clubs or knives. From the accounts I could obtain, these Apiang and Tarawa men were constantly causing trouble, both at Honolulu and on board ship, but on their first arrival on the island they did behave themselves for a little while. Their ambition, however, became awakened, and, knowing their power, they showed themselves in their true colours. Ten young girls of very tender years were publicly ravished, and when two old men went to expostulate with the ravishers they were shot down. Then followed a scene of butchery of the most revolting kind—men, women, and children sharing the same fate. Mothers cast their children from them and, with their husbands, took to small canoes, preferring to trust to the mercy of the elements in these frail vessels than to the pitilessness of these fiends of their own race; or some natives of Nanouti had, through fear, joined the Apiang people, and who were inflamed by drink, and emboldened by the possession of some arms, procured either with the concert or through the negligence of a white trader, who said, on inquiry, " Yes, he had some guns, but they were in an old store, and probably given away by his brother-in-law." The same man said that there were " eighteen killed to his knowledge, besides some who died in the bush and were eaten by the dogs." The people who escaped after this encounter endured sufferings that I may leave to the imagination, being in small canoes without water, and under a-tropical sun—in fact, crossing the Equator from lat. 40' S., 27' N. They made their way to Kuria and Apamama, where they beseeched Tembinoka, the king, to give them succour; also telling him that certain subjects of his own, who were on a visit to Nanouti along with the missionary and two white traders, were in constant danger of their lives, if not already butchered. The king, having a. chartered vessel lying at Apamama, requested the master to take some of his people to Nanouti. The master, after some deliberation, and having received the king's promise that there should be no bloodshed, but that the chief Calicoa and his adherents should only be disarmed, considering it but a Christian action and one that would save a great deal of bloodshed and murder, acquiesced. The vessel, with Tembinoka on board, arrived off Nanouti on the morning of December 6th, and at 11 a.m. was boarded by a canoe containing two men. These were taken on board by the king, fed, and then intrusted with a message to Calicoa, to the effect that Tembinoka had not come to make war, but only to succour his people, and to disarm the murderers and compel their good behaviour, and that if they quietly laid down their arms, no harm should come to them. At 4 a.m. of the 7th three boats were sent away from the vessel, but before a landing could be obtained a volley was fired at them from the shore, which had the effect of killing two and wounding one. The Apamama people then landed, and requested those of Apiang to lay down their arms. This demand was not complied with, and a fight ensued, the result being, on the side of the Apiang people, seven killed and one wounded; whilst on the side of the Apamama there were three killed, including the two killed in the boat, and nine wounded, several severely. The prisoners were taken on to Apamama on the following day. Amongst them was one Paulo, the second in command, and a notorious, bloodthirsty man, of a most repulsive appearance. During the time they were on board they were treated with great kindness by their captors, who appeared only to think that they had successfully effected a very unpleasant duty, captors and captured joining in prayer both morning and evening. We have also received a letter written by Mr. James Gleeson, who gives full details of the shocking scenes enacted on the island by these returned-labour people, who came armed with Winchester repeaters. He states that, if Tembinoka and his men had not come, the lives of the two European traders and the missionary would have been taken. He hoped the colonial papers would give the old king all credit for his action.

Enclosure 2. Sir William Jebvois to Commodore Ebskine. Sib, — Government House, Wellington, New Zealand, 27th February, 1884. I have the honour to transmit herewith a copy of a memorandum from Major Atkinson,, the Premier of this colony, forwarding papers relating to the proceedings of the master of an Auckland-owned schooner, the " Kate McGregor." As you will perceive from the papers, the acts which are alleged to have been committed are highly reprehensible; but there appears to be some difficulty as to the manner (if any) in which the offender can be brought to justice. I have forwarded a copy of the papers also to the Acting High Commissioner for the Western Pacific, in case it should be decided to take proceedings under the Western Pacific Orders in Council ; and I have the honour tos suggest that, should you think it advisable, you will cause such watch as is possible to be kept upon the " Agnes Donald," with a view of preventing a repetition of proceedings like those which are reported to have taken' place. I have, &c. Commodore Erskine, &c. Wm. F, Deummond Jeevois^ ■

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Enclosure 3. Sir William Jebvois to the Acting High Commissioner for the Western Pacific. Sib, — Government House, Wellington, New Zealand, 27th February, 1884. I have the honour to transmit herewith a copy of a memorandum from Major Atkinson, the Premier of this colony, forwarding papers relating to the proceedings of the master of an Aucklandowned schooner, the " Kate McGregor." As you will perceive from the papers, the acts which are alleged to have been committed are highly reprehensible; but there appears to be some difficulty as to the manner (if any) in which the offender can be brought to justice. I have forwarded a copy of the papers to the Commodore of the Australian Station, suggesting that, should he think it advisable, he should cause such watch as is possible to be kept upon the " Agnes Donald," with a view of preventing a repetition of proceedings like those which are reported to have taken place. Should you decide on taking proceedings under the Western Pacific Orders in Council I shall of course be happy to render any assistance that may be in my power. I have, &c. The Hon. J. B. Thurston, Esq. C.M.G. Wm. F. Dkummond Jervois. Acting High Commissioner for the Western Pacific, &c.

No. 23. His Excellency the Governor to the Secretary of State for the Colonies. (No. 18.) My Lord, — Government House, Auckland, 26th March, 1884. I have the honour to state that on the 24th instant I received the following telegram from your Lordship :— "'Loch Fyne' lost —search Enderby Islands strongly urged. Despatches " sent." 2. I have this day transmitted the following telegram in answer:— " Searched Campbell, Auckland, Enderby Islands, December; every harbour " Auckland Islands, January. No traces ' Loch Fyne.' " I have, &c. Wm. F. DEUMMOND JEEVOIS. The Eight Hon. the Earl of Derby.

See A.-2, Nos. 38 and 34.

No. 24. His Excellency the Goveenob to the Seceetart of State for the Colonies. (No. 21.) My Loed, — Government House, Auckland, Ist April, 1884. I have the honour to state that on the 31st ultimo I transmitted the following telegram to your Lordship :— " I beg your Lordship will convey to the Queen an expression of the deep " sympathy felt by myself, my Ministers, and the people of New Zealand in Her " Majesty's severe affliction." I have, &c. Wm. F. DEUMMOND JEKVOIS. The Eight Hon. the Earl of Derby.

Sen A-2, Nos. 36 and 37.

No. 25. His Excellency the Governor to the Secbetaey of State for the Colonies (No. 22.) My Loed, — Government House, Auckland, Ist April, 1884. I have the honour to report that on the 12th March I left Wellington by the Government steamer "Hinemoa," and visited Kawhia, Hokianga, Whangaroa, the Bay of Islands, and Tauranga, whence I went through the Hot Lake District, and reached Auckland yesterday.

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During my tour I was most cordially received both by the Maoris and Europeans, and had several interviews with chiefs and others. The expressions of loyalty from all tribes alike were exceedingly gratifying. I enclose herewith extracts from the New Zealand Herald and from the Auckland Weeldy News (the weekly paper connected with the Herald), giving an account of my reception at the various settlements which I visited. I have, &c. Wm. F. DRUMMOND JERVOIS. The Eight Hon. the Earl of Derby.

No. 26. His Excellency the Governor to the Secretary of State for the Colonies. (No. 26.) My Lord, — Government House, Auckland, 28th April, 1884. I have the honour to transmit herewith a letter which I have received from the Consul for the United States, expressing the deep sorrow felt by the citizens of the United States in this colony for the death of His Eoyal Highness the Duke of Albany, and their heartfelt sjTnpathy for Her Majesty in her affliction. 2. I have also the honour to transmit an address to Her Majesty, signed by the Consul for Denmark on behalf of the Danish settlers of New Zealand, expressing similar sentiments. 3, The sympathy with Her Majesty's sorrow throughout the colony has been most marked. Special prayers were offered in many churches ; flags were hoisted half-mast high ; some of the papers appeared with mourning borders, and all made suitable allusions to the death of His Royal Highness ; and the Maoris of the several districts which I visited, shortly after the tidings had been received, in their addresses of welcome to me, all made reference to the sad event. I have, &c. Wm. F. DEUMMOND JEEVOIS. The Eight Hon. the Earl of Derby.

Enclosure 1. To His Excellency Sir William Jeevois, G.C.M.G. C.B. Governor of New Zealand. Sic, — United States Consulate, Auckland, 4th April, 1884. In accordance with the request of a number of citizens of the United States, residing in various parts of New Zealand, I have the honour to communicate to your Excellency the deep sense of sorrow felt by them for the untimely death of His Eoyal Highness Leopold, Duke of Albany, and also to express their heartfelt sympathy with Her Majesty the Queen and the people of Great Britain in the hour of their affliction. I have further to acquaint your Excellency that, in honour of the memory of His Eoyal Highness, the flag has been hoisted at half-mast and the usual symbols of mourning adopted at the Consulate. I have, &c. G. W. Gkiffin, Consul

Enclosure 2. Kongelig Dansk Consulate, N.Z., Wellington, Most Geacious Sovekeign,— 2nd April, 1884. As the humble representative in New Zealand of the Kingdom of Denmark, I venture on behalf of the large number of Danes who have made homes in this portion of your Majesty's dominions, to most respectfully convey to your Majesty the sentiments of heartfelt grief with which they have learned the sad news of the death of your much-loved son His Eoyal Highness the Duke of Albany, and to tender to your Majesty the assurance of their sincere sympathy and condolence in your great grief. Although natives of a foreign land, they have, as New Zealand settlers, learned to cherish feelings of loyalty to your Throne, and of personal respect and attachment to yourself and the members of your Eoyal family. Permit me to subscribe myself your Majesty's most humble servant, C. Julius Toxwabd, Consul for Denmark.

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No. 27. His Excellency the Goveenoe to the Secretary of State for the Colonies. (No. 27.) My Lord, — Government House, Auckland, 13th May, 1884. I have the honour to state that I have this day transmitted the following telegram to your Lordship : — "New Zealand Government most earnestly urges upon Imperial Govern" ment to make continued emphatic protest to French Government against "passing Eecidiviste Bill, so far as applies to Western Pacific. By such Bill " grievous wrong would be inflicted on these colonies, which already suffer from "frequent escapes of convicts from New Caledonia." I have, &c. Wm. F. DEUMMOND JEEVOIS. The Eight Hon. the Earl of Derby.

No. 28. His Excellency the Govebnob to the Secbejaby of State for the Colonies. (No. 28.) My Lobd,— Government House, Auckland, 26th May, 1884. With reference to your Lordship's circular despatch of 17th January last, concerning the International Health Exhibition which it is proposed to hold in London this year, I have the honour to state that my Government have decided that New Zealand shall not take part in the Exhibition. I have, &g. Wm. F. DBUMMOND JEEVOTS. The Eight Hon. the Earl of Derby.

A.-2, No. 25,

No. 29. His Excellency the Governor to the Secbetaey of State for the Colonies. (No. 29.) My Lord,— Government House, Auckland, 26th May, 1884. With reference to your Lordship's circular despatch of Bth February last, concerning a proposed agreement between Great Britain and Denmark as to wrecks, I have the honour to state that my Government have no objection to this colony being included in the agreement. I have, &c. Wm. F. DRUMMOND JEEVOIS. The Eight Hon. the Earl of Derby.

A.-2, Nc. 28.

Authority: Geobge Didsbury, Government Printer, Wellington.—lBB4.