A.—l
Sess. 11.—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. (No. 32.) My Lord,— Government House, Wellington, 4th June, 1884. I have the honour to report that Mr. W. W. Johnston, M.H.E., who was Minister for Public Works until the 23rd November last, and since then has been Minister without portfolio, has this day resigned his seat in the Executive Council. I have, &c. Wm. E. DEUMMOND JEEVOIS. The Eight Hon. the Earl of Derby.
No. 2. (No. 33.) My Lord, — Government House, Wellington, 21st June, 1884. With reference to your Lordship's Despatches No, 10, of the 7th March, and No. 12, of the 18th March last, concerning the loss of the " Lochfyne," I have the honour to report (as already briefly stated in my telegram to your Lordship of the 26th March) that the islands have been carefully searched by the schooner " Kekeno" and the steamer " Stella," both belonging to the New Zealand Government. 2. The " Kekeno " has been lately despatched again to the Auckland and Campbell Islands, and it is proposed to send the " Stella" also on her next southern trip. Instructions will be given to the master of the " Stella "to make a careful search for castaways. I have, &c. Wi. F. DEUMMOND JEEVOIS. * The Eight Hon. the Earl of Derby.
No. 3. (No. 37.) My Lord, — Government House, Wellington, 21st June, 1884. I have the honour to transmit herewith a petition from Mr. Thomas Butler, late Superintendent of the Lunatic Asylum at Nelson, in this colony, concerning his dismissal from that office. I—A. 1.
A.—l
2
As the circumstances of the case have been so fully stated in Lord Normanby's Despatch No. 4, of the 14th February, 1879, and Sir James Prendergast's No. 98, of the Ist December, 1882, and the enclosures in those Despatches, it does not appear that any report from me is necessary. I have, &c. Wm. E. DEUMMOND JEEVOIS. The Eight Hon, the Earl of Derby.
Enclosure. To the Eight Hon. the Secretary of State for the Colonies. Eight Hon. Sie, — The humble petition of the undersigned, the Superintendent of the Nelson Lunatic Asylum, New Zealand, and the accompanying correspondence which has passed between the petitioner and the Colonial Government, showeth that your memorialist has fully complied with No. 21, of 22nd April, 1879, and subsequent Despatches from the Home Office, without being able to obtain any result on the subject of his complaint, or this appeal would not have been made to your Lordship. May it therefore please the Imperial Government to direct that Her Majesty's Eepresentative here do inquire, by Eoyal Commission, if the removal of the petitioner from the Civil Service in the year 1876 was effected in accordance with British rule and justice or not. And your petitioner, as in duty bound, will ever pray. Nelson, New Zealand, 16th June, 1884. Thomas Butlee.
No. 4. (No. 38.) My Lord, — Government House, Wellington, 21st June, 1884. I have the honour to transmit herewith copies of " New Zealand : her Commerce and Eesources," by Mr. G. W. Griffin, United States Consul at Auckland, which has lately been printed by the Government of this colony. I have, &c. Wm. E. DEUMMOND JEEVOIS. The Eight Hon. the Earl of Derby.
No. 5. (No. 39.) My Lord, — Government House, Wellington, 21st June, 1884. With reference to your Lordship's Circular Despatch of the 26th March last, transmitting to me five copies of the works of the late Dr. Erancis Sibson, I have the honour to state that I have presented one copy to each of the following libraries : the General Assembly, the public libraries of Auckland and Christchurch, the Otago University (Medical School), and the New Zealand Institute. I have, &c. Wm. E. DEUMMOND JEEVOIS. The Eight Hon. the Earl of Derby.
No. 6. (No. 40.) My Lord, — Government House, Wellington, 21st June, 1884. With reference to your Lordship's Circular Despatch of the Ist March last, requesting me to furnish a brief statement of the practice or law in force in this colony in respect of the authentication of signatures to documents, I have the honour to forward herewith a memorandum from Mr. Eeid, Solicitor-General for New Zealand, containing the information asked for. I have, &c. Wm. E. DEUMMOND JEEVOIS. The Eight Hon. the Earl of Derby.
Enclosure. The Hon. the Premier. In accordance with the instructions sent me by you, referring to the request contained in Lord Derby's Circular Despatch of the Ist March, 1884,1 beg to submit this memorandum, setting forth
3
A.—l
the principal matters in which, by the law of this colony, provision is made respecting the authentication of signatures to documents executed out of the colony, with a view of making such documents receivable in its law Courts, or by public officials or others. There is no general law on this subject, and I have only indicated in this memorandum those enactments or rules which are of chief importance, and which would be useful to persons in England who might desire information as to the state of the law in this colony. There are many special enactments which contain provisions applicable only to the matters dealt with by them, and I have not attempted to set those out in detail: —■ Deeds and Documents kelating to Peopeety. "The Property Law Consolidation Act, 1883," No. 29, s. 5. Admissible, if attested by one witness and proved,— If executed in British dominions, according to "The Statutory Declarations Act, 1835," attested by a notary, or Mayor, or Provost: If in a foreign country, verified by affidavit sworn before British Consul or Vice-Consul. " The Land Transfer Act, 1870," No, 51, s. 100. Under Land Transfer Acts instruments are admissible, — If attested by one witness and proved in the United Kingdom before the Mayor or other chief officer of any Corporation, or before a notary public : In any British possession, before the Chief Justice or any Judge of any Supreme Court therein, or the Governor, Government Eesident, Chief Secretary, or a notary public: In any foreign place, before the British Consular Officer thereat or a notary public. Documents genebally. Acknowledgments of Married Women. "The Commissioners of the Supremo Court Act, 1875," No. 82; "The Property Law Consolidation Act, 1883," ss. 83, 85. Commissioners appointed abroad, by the Judges oi the New Zealand Supreme Court, have same powers as Commissioners at Home under 3 and 4 Wm. IV., c. 72, for taking acknowledgments, and in the same manner, of certifying thereto. Affidavits. " The Commissioners of the Supreme Court Act, 1875," No. 82; " The Supreme Court Act, 1882," No. 29. Schedule of Code of Civil Procedure .Rules, 185, 208. Commissioners appointed abroad, under the authority hereinbefore stated; and affidavits taken before them have same effect as if taken in the colony, provided the affidavits are framed according to the Supreme Court Eules of New Zealand. Births, Deaths, and Marriages. " The English Acts Act, 1854," No. 1. Extracts of registers to be evidence in accordance with 14 and 15 Vict., c. 99, s. 11. Many other documents are admissible under the provisions of the following Acts of the Imperial Parliament which have been adopted within the colony:— 8 and 9 Vict., c. 113 : Official documents. 14 and 15 Vict., c. 99, except s. 12 thereof. Merchant Shipping. Eegistration proved under 17 and 18 Vict., c. 104, s. 107. Crown Law Office, 20th June, 1884. W. S. Eeid.
No. 7. (No. 42.) My Lord, — Government House, Wellington, 21st June, 1884. I have the honour to transmit herewith copies of the Speech with which, on the sth instant, I opened the Third Session of the Eighth Parliament of New Zealand, and of the Addresses in Eeply which have been presented to me by the Legislative Council and the House of Eepresentatives respectively. 2. As your Lordship will perceive from these papers, an amendment to the Address had been carried in the Assembly, to the effect that the Government did not possess the confidence of the House. In consequence of this, my Ministers recommended me to dissolve Parliament; and, after most careful consideration of all the circumstances of the case, I decided to accede to their request. The dissolution will accordingly take place in a few days. I have, &c. Wm. E. DEUMMOND JEEVOIS. The Eight Hon. the Earl of Derby.
A.—l
4
No. 8. (No. 43.) My Lord, — Government House, Wellington, 27th June, 1884. I have the honour to report that on the 24th instant I prorogued by Commission the Third Session of the Eighth Parliament of New Zealand, and this day I dissolved Parliament. I have, &c. Wm. E. DEUMMOND JEEVOIS. The Eight Hon. the Earl of Derby.
No. 9. (No. 44.) My Lord, — Government House, Wellington, 27th June, 1884. With reference to your Lordship's Despatch No. 26, dated the 9th May last, I have the honour to state that, the Parliament of New Zealand having just been dissolved, it will be impossible for the Government of this colony to take any steps in the matters therein referred to until the new Parliament has assembled next month. I have, &c. Wm. E. DEUMMOND JEEVOIS. The Eight Hon. the Earl of Derby.
No. 10. (No. 45.) My Lord, — Government House, Wellington, 2nd July, 1884. I have the honour to transmit herewith copies of " The Public Eevenues Act, 1884," passed by the General Assembly of New Zealand, to which I have assented in the name and on behalf of Her Majesty. I have, &c. Wm. E. DEUMMOND JEEVOIS. The Eight Hon. the Earl of Derby.
No. 11. (No. 46.) My Lord, — Government House, Wellington, 2nd July, 1884. I have the honour to inform your Lordship that I purpose leaving Wellington on the 4th instant for Sydney, and proceeding thence to Melbourne, in order to advise the Government of Victoria on matters relating to the defence of that colony. I shall be absent from New Zealand about three weeks. 2. In accordance with paragraph 16 of the Eoyal Instructions of the 21st Eebruary, 1879,1 have informed the Executive Council in writing of my intended absence, and have duly appointed the Hon. G. M. Waterhouse, a member of the Legislative Council, Deputy, in accordance with Her Majesty's Letters Patent of the same date. I enclose herewith a copy of the instrument whereby the Deputy has been appointed. I have, &c. Wm. E. DEUMMOND JEEVOIS. The Eight Hon. the Earl of Derby.
Enclosure. Appointment of Deputy-Governor. To all to whom these Peesents shall come, I, William Peancis Deummond Jeevois, Lieutenant-General in Her Majesty's Army, Knight Grand Cross of the / -. Most Distinguished Order of Saint Michael and Saint George, Companion of the Most *• ' '' Honourable Order of the Bath, the Governor and Commander-in-Chief of the Colony of New Zealand and its Dependencies, and Vice-Admiral of tho same—Send GEEETING .' Wheeeas by a Commission passed under the Eoyal Sign Manual and Signet, bearing date the twenty-eighth day of November, one thousand eight hundred and eighty-two, Her Majesty the Queen was pleased to appoint me to be Governor and Commander-in-Chief in and over the said Colony of New Zealand and its Dependencies, with all and singular the powers granted to the Governor and Commander-in-Chief of the said colony in Letters Patent under the Great Seal of the United Kingdom of Great Britain and Ireland, bearing date the twenty-first day of February, one thousand eight hundred and seventy-nine, as in the said Commission is particularly set forth:
5
A.—l.
And whereas in the said Letters Patent of the twenty-first day of February, one thousand eight hundred and seventy-nine, it is, among other things, provided that in the event of the Governor having occasion to be temporarily absent for a short period from the seat of Government or from the colony, he may in every such case, by an instrument under the Public Seal of the Colony, constitute and appoint the Lieutenant-Governor, or if there be no such officer then any other person, to be his Deputy during such temporary absence, and in that capacity to exercise, perform, and execute for and on behalf of the Governor during such absence, but no longer, all such powers and authoritities vested in the Governor by the said Letters Patent as shall in and by such instrument be specified and limited, but no others: Provided, nevertheless, that by the appointment of a Deputy as aforesaid, the power and authority of the Governor shall not be abridged, altered, or in any way affected otherwise than Her Majesty may at any time thereafter think proper to direct: And whereas I have occasion to be temporarily absent from the said colony for a short period not exceeding one month, for the purpose of visiting the Governor of the neighbouring Colony of Victoria, and there being no Lieutenant-Governor in the Colony of New Zealand, I have deemed it expedient to appoint a Deputy during such temporary absence, with such powers and authorities on my behalf as are hereinafter specified and limited : Now, therefore, know ye that, for the purposes aforesaid, and in pursuance and exercise of the power and authority vested in me by the hereinbefore in part recited Letters Patent, and of every other power and authority enabling me in that behalf, I, the said William Feancis Deummond Jeevois, as such Governor as aforesaid, do, by these presents issued under the Public Seal of the Colony of New Zealand, constitute and appoint the Honourable Geoege Maesden Wateehouse, of Wellington, in the said colony, and a member of the Legislative Council thereof, to be my Deputy during the period of my temporary absence from the Colony of New Zealand, in my name and on my behalf to make, sign, execute, do, perform, and exercise all such instruments, acts, powers, duties, and functions as could or might be made, executed, done, performed, or exercised by me in respect of my said office of Governor (whether alone or acting by and with the advice of the Executive Council of the said colony), for the purpose of giving effect to or carrying out the provisions of the several Acts of the General Assembly of the colony hereinafter mentioned by their Short Titles (including therein all or any Acts amending the same respectively, or that are necessarily read and construed therewith), that is to say,— "The Municipal Corporations Act, 1876 ;" " The Counties Act, 1876;" " The Eoad Boards Act, 1882 ;" " The Town Districts Act, 1881;" "The Eegulation of Local Elections Act, 1876;" "The Land Act, 1877;" " The Mines Act, 1877;" "The Gold-Mining Districts Act, 1873;" "The Licensing Act, 1881;" "The Prisons Act, 1882;" "The Industrial Schools Act, 1882 ;" "The Public Eevenues Act, 1878;" "Tho Eegulation of Elections Act, 1881;" " The Public Works Act, 1882." And I expressly direct my said Deputy that, in the execution of the powers and authorities hereinbefore specified and limited, he shall only act therein, and exercise the same, upon being advised thereto by a member of the Executive Council of the colony, and, where the same is necessary or required by law, such power or authority shall be exercised by and with the advice of the said Executive Council. And, lastly, that my said Deputy shall, in the exercise of all or any of the powers and authorities hereby conferred upon him, conform to and abide by the requirements of any law, statute, or regulation in force in the colony respecting the same, and also to the hereinbefore in part recited Letters Patent and the Eoyal Instructions accompanying the same so far as they are applicable. In witness whereof I have caused these presents to be passed under the Public Seal of the Colony of New Zealand, and have hereunto set my hand, this fourth day of July, in the year of our Lord one thousand eight hundred and eighty-four. Wm. F. Deummond Jeevois.
No. 12. (No. 48.) My Lord. — Government House, Wellington, Ist August, 1884. With reference to your Lordship's Despatch No. f 31, dated 22nd May last, concerning the examination for the Gilchrist Scholarship, I have the honour to transmit herewith a memorandum from the Hon. E. Oliver, in the absence of the Premier, with sub-enclosures, which contain the answers to the questions, and two memoranda from Mr. W. J. Habens, the Inspector-General of Schools for this colonv, on the subject. I have, &c. Wm. E. DEUMMOND JEEVOIS. The Eight Hon. the Earl of Derby
A.—l
6
Enclosure. Memoeandum for His Excellency. In the absence of the Premier, the Postmaster-General respectfully transmits to His Excellency the Governor, the answers, &c. of candidates at the local examinations for the Gilchrist Scholarship. Two memoranda by the Inspector-General of Schools concerning the examinations are also transmitted to His Excellency ; and the Postmaster-General has the honour to ask that the papers may be forwarded to the Secretary of State for the Colonies, so as to secure that they shall be delivered to the University authorities as promptly as possible. Wellington, 17th July, 1884. E. Oliveb.
Sub-Enclosure. Education Department, Wellington, 15th July, 1884. The Hon. the Minister of Education. The examination for a Gilchrist Scholarship is now in progress at four centres—Auckland, Wellington, Christchurch, and Dunedin. It will close on Friday, the 18th instant, and it will be possible to send the papers to England by the San Francisco mail, which is to leave Auckland on Tuesday, the 22nd instant. I recommend that His Excellency the Governor be respectfully requested to transmit the papers to England as soon as possible, and to cause the Eegistrar of the University of London to be informed that the six candidates have paid matriculation fees, and that the Agent-General of the colony in London has received instructions to pay the amount of these fees to the Eegistrar on application. I further recommend that His Excellency be respectfully requested to call particular attention to the special circumstances in which Mr. Fleming has been allowed to sit for examination, the circumstances being those that I have described in an accompanying memorandum. Wm. Jas. Habens, Inspector-General of Schools.
Sub-Enclosure. Education Department, Wellington, 15th July, 1884. The Hon. the Minister of Education. I eecommend that His Excellency the Governor be respectfully advised to inform the Eight Hon. the Secretary of State for the Colonies that one candidate for the Gilchrist Scholarship this year—viz., Mr. Fleming, resident in Wellington—was also a candidate for the scholarship offered in 1882; and was then placed in the Honours Division, although he did not succeed in winning the scholarship; that he offered himself this year, not understanding that passing the matriculation examination on one occasion would be the means of excluding him from a second competition for the Gilchrist Scholarship ; that he was accepted as a candidate this year before the arrival of the Despatch f 31, dated May 22nd, 1884, which enclosed a letter from the Eegistrar of the University of London asking that candidates may be informed that all " who pass the examination thereby become members of that University, and that having once passed they cannot again present themselves for matriculation ;" that, on being informed of this condition, Mr. Fleming asked to be allowed to sit at the examination, now in progress, on the distinct understanding that his right to be a candidate was challenged, and leaving the question of such right to be decided in England by the authorities of the University of London or by the Gilchrist Trustees; and that he has been allowed to sit on the proposed understanding. Wm. Jas. Habens, Inspector-General of Schools.
No. 13. (No. 49.) My Lord, — Government House, Wellington, Ist August, 1884. With reference to my Despatch No. 46, dated the 2nd July last, I have the honour to report that I left Wellington for Sydney on the 4th ultimo, and proceeded thence to Melbourne. I returned via Hobart, reached New Zealand on the 28th, and arrived at Wellington on the 31st ultimo. I have, &c. Wm. E. DEUMMOND JEEVOIS. The Bright Hon. the Earl of Derby.
No. 14. (No. 50.) % My Lord, — Government House, Wellington, Bth August, 1884. With reference to your Lordship's Despatch No. 25, of the 9th April, 1883, transmitting an extract from a letter from the War Office relative to the
7
A.—l
curriculum at the New Zealand University, I have the honour to state that the Examiners in England for the degree examinations are specially instructed that the standard of examinations should be as nearly as possible that of the University of London. I transmit herewith an extract from the University Statute prescribing the details of the subjects, and the total number to be taken up; and defining the mode of division of the examination. I transmit also a copy of the papers set for the B.A. pass examination of 1883. There are no particular subjects, out of those contained in the above extracts, which can be said definitely to constitute the first B.A. examination, except so far as this : that undergraduates may divide the examination into two sections, and the first of these must include either Latin or mathematics, plus one or two other subjects of examination. Latin and mathematics being compulsory, the one omitted from the first section (unless the two together be then taken) must, with others sufficient to make up five, constitute the second section. I have, &c. Wm. E. DEUMMOND JEEVOIS. The Eight Hon. the Earl of Derby.
No. 15. (No. 51.) My Lord, — Government House, Wellington, Bth August, 1884. With reference to your Lordship's Despatch marked -—- 6, and dated Bth February last, transmitting a letter from Mrs. John Brown, relative to property alleged to have been left by her late uncle, Peter Eerguson, I have the honour to report that I have caused careful inquiries to be made into the matter. 2. The facts are as follows: Peter Eerguson and his wife owned a farm at West Tamaki, in the Provincial District of Auckland. About four years ago Mrs. Eerguson died, leaving him an almost helpless imbecile old man. Soon after her death he sold the farm for about £600 and went to reside at Auckland. After he had squandered some of this money, his nephew, James Eerguson, borrowed the remainder from him, and with it started a bakery at Auckland. This speculation has not, I understand, been successful; the money is all gone; James Eerguson is now working as a journeyman, and supporting his uncle simply in a spirit of gratitude. 3. I may add that I fail to see that Mrs. Brown had any justification for saying that she was being deprived of her rights, or that her uncle and late aunt had accumulated a great amount of money and property. I have, &c. Wm. E. DEUMMOND JEEVOIS. The Eight Hon. the Earl of Derby.
No. 16. (No. 54.) My Lord, — Government House, Wellington, Bth August, 1884. With reference to your Lordship's Despatch marked Circular (1), and dated the 29th October, 1883, concerning "The Patents, Designs, and Trade Marks Act, 1883," I have the honour to state that my Government are desirous that New Zealand should be brought under section 103 of that Act by the means provided by section 104, should Her Majesty be graciously pleased to issue an Order in Council to that effect. 2. I transmit herewith copies of the New Zealand " Patents Act, 1883," with the regulations issued thereunder, and " The Trade Marks Act, 1866," from which your Lordship will perceive that this colony has made satisfactory provision for the protection of inventions, designs, and trade marks patented or registered in England. I have, &c. Wm. E. DEUMMOND JEEVOIS, The Eight Hon. the Earl of Derby.
A.—l
8
No. 17. (No. 55.) My Lord, —■ Government House, Wellington, Bth August, 1884. With reference to your Lordship's Circular Despatch of the 29th April last, concerning the verification of the periodical returns of note issues and reserves, published by chartered banks in the colonies, by means of a Government inspection of their specie balances, I have the honour to state that no such practice exists in this colony. I have, &c. Wm. E. DEUMMOND JEEVOIS. The Eight Hon. the Earl of Derby.
No. 18. (No. 56.) My Lord, — Government House, Wellington, Bth August, 1884. With reference to your Lordship's Circular Despatches of the 6th and 7th May last, concerning the Postal Union Congress to be held at Lisbon in October next, I have the honour to state that my Ministers do not consider it desirable that this colony should appoint a delegate to the Congress, it being their opinion that the objections to New Zealand joining the Union, which have been stated on several occasions, remain in full force. I have, &c. Wm. F. DEUMMOND JEEVOIS. The Eight Hon. the Earl of Derby.
No. 19. (No. 59.) My Lord, — Government House, Wellington, Bth August, 1884. I have the honour to transmit herewith a copy of a memorandum from the Premier, Major Atkinson, stating that the Otago Harbour Board, in this colony, being about to construct a new graving dock at Port Chalmers, has asked that application may be made for information whether the Imperial Government would give assistance towards the work, provided the dock were of such a size and character as to afford necessary accommodation for Her Majesty's ships on the station; and, if so, what would be the conditions imposed and the amount granted. I have, &c. Wm. E. DEUMMOND JEEVOIS. The Eight Hon. the Earl of Derby.
Enclosure. Memoeandum for His Excellency. The Otago Harbour Board, being about to construct a new graving dock at Port Chalmers, has asked that application may be made for information whether the Imperial Government would give assistance towards the work, provided the dock were of such a size and character as to afford necessary accommodation for Her Majesty's ships on the stations; and, if so, what would be the conditions imposed and the amount granted. The Premier has the honour respectfully to advise His Excellency to obtain, through the Colonial Office, the information desired by the Board. H. A. Atkinson.
No. 20. (No. 60.) My Lord, — Government House, Wellington, Bth August, 1884. I have the honour to transmit herewith a copy of a memorandum from the Premier, Major Atkinson, forwarding twenty copies of " New Zealand : her Commerce and Eesources," by Mr. Consul Griffin (of which I forwarded copies to your Lordship with my Despatch No. 38, of the 21st June last), and asking me to request your Lordship to cause them to be transmitted to the Government of the United States. 2. I have the honour also to suggest, should your Lordship think it advisable, that, in forwarding them, it should be stated that my Government would be much
9
A.—l
pleased if their thanks could be conveyed to Mr. Griffin through the Department of State, Washington. 3. I feel sure that your Lordship will perceive the high character of the work, and the advantage to New Zealand of its wide circulation. I have, &c. Wm. E. DEUMMOND JEEVOIS. The Eight Hon. the Earl of Derby.
Enclosure. Memoeandum for His Excellency. Twenty copies of " New Zealand : her Commerce and Eesources," by G. W. Griffin, United States Consul at Auckland, are forwarded to His Excellency herewith. 2. Mr. Griffin's papers attracted a great deal of attention as soon as the Consular Eeports containing them were received here, and, notice having been taken of them in the House of Eepresentatives, the Government readily promised to comply with a request made by members, that selections from the papers should be officially printed for circulation and sale. This has accordingly been done, after such modifications as were necessary to bring the statistical information upto the date of re-publication. 3. Ministers believe that His Excellency will agree with them, that the result is a work of considerable literary ability, and of great interest to all who are, or may be, concerned in the progress of this colony. The sale of the work, outside of New Zealand as well as within it, promises to be large; and, as Mr. Griffin's views respecting our commerce and resources are accurate, clearly expressed, and favourable, its circulation can hardly fail to be advantageous to the colony. 4. Ministers have therefore the honour respectfully to ask that His Excellency will forward the twenty copies of the work to the Colonial Office ; that he will request the Secretary of State to cause them to be transmitted to the United States Government; and that he will beg Lord Derby to be so good as to state that this Government would be much pleased if their thanks could be conveyed to Mr. Griffin through the Department of State, Washington. Wellington, 29th July, 1884. H. A. Atkinson.
No. 21. (No. 61.) My Lord, — Government House, Wellington, 16th August, 1884. I have the honour to transmit herewith a petition from the Eight Eev. Erancis Eedwood, Eoman Catholic Bishop of Wellington, with reference to the recent decision of the Italian Court of Cassation concerning the property of the Propaganda. I have, &c. Wm. E. DEUMMOND JEEVOIS. The Eight Hon. the Earl of Derby.
Enclosure. S IEi Wellington, New Zealand, 31st July, 1884. I beg most respectfully to invite your attention to the recent decision of the Italian Court of Cassation, ordering all the real estate of the Sacred Congregation of the Propaganda to be converted into Government bonds. As the Soman Catholic Bishop of the metropolis and half the territory of this colony, I deem it my duty, in the name of many thousand Catholics in my diocese, who owe to the Sacred Congregation of the Propaganda all the spiritual welfare they enjoy, to express my respectful but emphatic protest against what can be called in fairness by no milder name than spoliation, and to humbly petition Her Majesty's Government to protect the grave and worldwide interests affected by the action of the Italian Courts with regard to the property of that most illustrious Congregation. It cannot be maintained with truth that this institution is only particular and local, or purely Italian. Its character is unquestionably cosmopolitan and international. Being founded and supported for the spread of Christianity and civilization over the face of the world, its property belongs to the Catholics of the whole universe, who, in their respective nations, have added to munificent donations of the Sovereign Pontiffs other large contributions to increase its patrimony, not for merely Italian purposes, but for the diffusion of faith, science, and civilization throughout the whole human race. Hence this object alone ought to shield it from from spoliation. Now, the application of the present law of Italy means, in a large measure, ruin and confiscation to the aforesaid property. It means, first, a tax of 30 per cent, for conversion into Government bonds, 4 per cent, for duty, 6 per cent, for land-tax, and an additional revenue-tax varying from 15 per cent, to 40—in all, at least 60 per cent. Besides, it is needless to remark that, apart from these excessive charges, Italian bonds are no equivalent for goods freehold landed estates and other property of the soundest and most stable kind; because they expose the Propaganda to the danger of losing wholly or partially its property owing-to not improbable events. They make the payment of its funds dependent upon the will of parties in power, and a matter of most deplorable uncertainty ; and they deprive it of the free disposal of its resources—a freedom required by its very nature and the frequent occasions on 2—A. 1.
A.—l
10
which it has to meet the extraordinary needs of divers missions. As a Bishop under the immediate jurisdiction of the Propaganda, and having, together with my flock, the greatest material, as well as spiritual, interests involved in its welfare, I venture to appeal to the weighty influence of Her Majesty's Government. A few years ago, when the Irish College in Eome was menaced with alienation, a word from the Minister of Great Britain protected it from danger; and on another memorable occasion, a word from the Eight Hon. Mr. Gladstone saved the famous Abbey of Monte Cassino from destruction. If, then, under all the circumstances of the case, Her Majesty's Government can extend its good and friendly offices to the Propaganda, and shield the property which it holds in trust for the religious, scientific, and civilizing purposes of the Catholic world, the favour will be most gratefully appreciated not only by the eighty thousand Catholics of New Zealand, but by the many millions of Her Majesty's Catholic subjects throughout her vast colonial empire. I have, &c. -f Feancis Eedwood, Soman Catholic Bishop of Wellington, New Zealand. The Eight Hon. the Secretary of State for the Colonies.
No. 22. (No. 62.) My Lord, — Government House, Wellington, 16th August, 1884. With reference to your Lordship's Circular Despatch of the 22nd March last, concerning the library and reading-room which it is proposed to organize in connection with the International Health Exhibition, I have the honour to transmit herewith copies of the following works, which affect the administration of general sanitary laws in this colony:— 2 copies maps of New Zealand (4 sheets); 1 copy Public Health Act, 1876 ; 1 copy Public Health Act 1876 Amendment Act, 1877; 1 copy Public Health Act 1876 Amendment Act, 1881; 1 copy Public Health Act 1876 Amendment Act, 1882; 1 copy Statistics of New Zealand, 1882 ; 1 copy Statistics of New Zealand, 1883 (Parts 1, 2, 3) ; 1 copy Eesults of Census taken 3rd April, 1881; 1 copy Emigration to New Zealand (Parliamentary Papers D.-4a, 1883, and D.-2, 1884); 2 copies Meteorological Eeports, 1877 and 1880 ; 1 copy Meteorological Statistics of New Zealand, 1880,1881,1882, 1883 ; 2 copies Annual Eeports of the Colonial Museum and Laboratory, Nos. 8 to 18 inclusive ; 2 copies Handbook of New Zealand. I have, &c. Wm. E. DEUMMOND JEEVOIS. The Bight Hon. the Earl of Derbv.
No. 23. (No. 63.) My Lord, — Government House, Wellington, 16th August, 1884. With reference to previous correspondence concerning the steps taken by Mr. John Lundon, of this colony, with a view to the annexation to New Zealand of the Samoan Group, I have the honour to transmit herewith extracts from the Auckland Weekly News of the 26th January last, and the New Zealand Herald of the Bth instant, on the subject. 2. I am bringing these extracts to the notice of the High Commissioner of the Western Pacific. Your Lordship will perceive, however, that not much importance is attached to Mr. Lundon's movement, either in this colony or in Samoa. I have, &c. Wm. E. DEUMMOND JEEVOIS. The Eight Hon. the Earl of Derby.
No. 24. (No. 64.) My Lord, — * Government House, Wellington, 16th August, 1884. I have the honour to request your Lordship to advise Her Majesty to
11
A.—l
confer upon the following gentlemen, who have been members of the Executive Council for the periods hereafter stated, the privilege of retaining the title of •" Honourable " : — Sir E. Whitaker, K.C.M.G., Member of the Executive Council—Erom 7th May, 1856, to 20th May, 1856; 2nd June, 1856, to 12th July, 1861; 30th October. 1863, to 24th November, 1864; Ist September, 1876, to 13th October, 1877; Bth October, 1879, to 25th September, 1883. Major Atkinson, Member of the Executive Council —Erom 24th November, 1864, to 16th October, 1865; 7th September, 1874, to 13th October, 1877; Bth October, 1879, to Bth August, 1884. Mr. Bolleston, Member of the Executive Council from Bth October, 1879, to Bth August, 1884. Mr. Bryce, Member of the Executive Council—Erom Bth October, 1879, to 21st January, 1881; 19th October, 1881, to Bth August, 1884. Mr. Oliver, Member of the Executive Council from Bth October, 1879, to Bth August, 1884. Mr. Dick, Member of the Executive Council from sth March, 1880, to Bth August, 1884. Mr. W. W. Johnston, Member of the Executive Council from 9th March, 1881, to 4th June, 1884. I have, &c. Wm. E. DEUMMOND JEEVOIS. The Bright Hon. the Earl of Derby.
No. 25. (No. 65.) My Lord, — Government House, Wellington, 16th August, 1884. In continuation of my Despatch No. 42, of the 21st June last, I have the honour to report that the general election took place on the 22nd July last. Parliament was opened by Commission on the 7th instant, and on the following day Major Atkinson tendered his resignation, which I accepted. I then intrusted Sir Julius Vogel with the formation of a new Ministry, that appearing to be the course most calculated to secure the formation of a Government which would possess a majority in Parliament. Sir Julius Vogel has submitted to me the following list, of which I have approved :— Sir Julius Vogel (with precedence) —Colonial Treasurer, PostmasterGeneral, and Commissioner of Stamps ; Mr. Stout —Premier and Attorney-General; Hon. E. Bichardson —Public Works ; Mr. Montgomery —Colonial Secretary and Education ; Mr. Macandrew —Lands and Mines ; Mr. Ballance —Native and Defence ; Sir George Whitmore —Without portfolio. These gentlemen are to be sworn in this day. One seat in the Executive Council is still vacant. I have, &c. Wm. E. DEUMMOND JEEVOIS. The Eight Hon. the Earl of Derby.
No. 26. (No. 66.) My Lord, — Government House, Wellington, 13th September, 1884. With reference to your Lordship's Despatch No. 25, dated the Ist May last, concerning the reports of inquiries into casualties held in this colony dining the preceding twelve months, in which it was pointed out that by section 7 of " The Merchant Shipping (Colonial Inquiries) Act, 1882," confirmation by the Governor in such cases, is now unnecessary, I have the honour to transmit herewith a copy of a memorandum from the Premier, Mr. Stout, covering an opinion by the Solicitor-General, Mr. Eeid, from which your Lordship will perceive that the inquiries referred to were made under " The New Zealand Shipping and
A.—l
12
Seamen's Act, 1877," which requires that the action of a Court of Inquiry in cancelling a certificate shall be subject to confirmation by the Governor. I transmit also copies of the Act referred to. I have, &c. Wm. E. DEUMMOND JEEVOIS. The Eight Hon. the Earl of Derby.
Enclosure. Memobandum for His Excellency. The Premier has the honour to forward to His Excellency the opinion of the Solicitor-General upon the question raised by the Board of Trade relative to New Zealand procedure in wreck inquiries; and respectfully to ask that the opinion may be sent to the Colonial Office, for the information of the Board. Wellington, 3rd September, 1884. Eobebt Stout.
Sub-Enclosure. Copy of Opinion. I have considered the matters above submitted, and it seems to me that the Board of Trade is under some misapprehension as to the enactments relating to wreck inquiries which are in force in this colony. These are contained in " The Shipping and Seamen's Act, 1877," which (so far as affects this question), in section 244, requires that the action of a Court of Inquiry in cancelling a certificate shall be subject to confirmation by the Governor. This being so, section 7 of "The Merchant Shipping (Colonial Inquiries) Act, 1882," does not affect the local law now in force. All that section does is to repeal certain words in section 242 of the Imperial Act, 17 and 18 Vict., c. 104. All the cases which are mentioned in the letter from the Board of Trade to the Colonial Office, dated 23rd April, 1884, were, I understand, held and decided under the colonial enactment; and, although it may be advisable to consider the propriety of legislating so as to secure an assimilation of the procedure at wreck inquiries in this colony with that followed in the United Kingdom, I am of opinion that at present it will still be necessary to observe the provisions of section 244 of " The Shipping and Seamen's Act, 1877." 14th August, 1884. W. S. Eeid.
No. 27. (No. 67.) My Lord, — Government House, Wellington, 13th September, 1884, With reference to your Lordship's Circular Despatch of the 21st March last, concerning the use of a flag known as the "Australian colours," I have the honour to report that no action is necessary in the matter in New Zealand, as the flag is not worn by vessels belonging to this colony. I have, &c. Wm. E. DEUMMOND JEEVOIS. The Eight Hon. the Earl of Derby.
No. 28. (No. 68.) My Lord, — Government House, Wellington, 13th September 1884. With reference to your Lordship's Despatch, marked " General," dated the 10th July last, concerning Signor Salino's pamphlet relative to the measurement of altitudes by means of the barometer, I have the honour to state that copies of the same pamphlet and circular had already been forwarded to me by the Italian Consul at Melbourne, and that I have supplied him with the information asked for in the circular. I have, &c. Wm. E. DEUMMOND JEEVOIS. The Eight Hon. the Earl of Derby.
No. 29. (No. 69.) My Lord, — Government House, Wellington, 13th September, 1884. With reference to your Lordship's Despatch, marked "Circular (2)," and dated the 20th June'last, concerning the form of clause recommended to be used in reserving Acts for the signification of Her Majesty's pleasure, I have the honour to transmit herewith a copy of a memorandum from the Premier, Mr. Stout, on the subject.
13
A.—l
2. The words in " The New Zealand Interpretation Act, 1878," referred to by Mr. Stout, are as follows : " ' Governor,' ' Governor in Chief,' and ' Lieutenant " ' Governor' mean the Governor of tlie colony, and include the person for the "time being lawfully administering the government of New Zealand." I have, &c. Wm. E. DEUMMOND JEEVOIS. The Eight Hon. the Earl of Derby.
Enclosure. Memoeandum for His Excellency. The Premier has the honour respectfully to advise that the reply to the Colonial Office Circular (2) of 20th June be to the effect that this colony will adopt in substance the clause recommended to be used in reserving Acts for the signification of Her Majesty's pleasure ; but that it is considered necessary to substitute "Governor" for "Officer Administering the Government," in order to avoid question under a provision in clause 3 of " The New Zealand Interpretation Act, 1878." Wellington, 11th September, 1884. Eobeet Stout.
No. 30. (No. 70.) My Lord, — Government House, Wellington, 13th September, 1884. I have the honour to transmit herewith papers which have recently been presented to both Houses of Parliament in this colony, with reference to " Confederation and Annexation." 2. With several of the documents contained therein your Lordship is already familiar; but I would draw your attention to the complete correspondence with reference to Samoa which has been referred to in my Despatch No. 63, of the 16th August last, and previous Despatches. I have, &c. Wm. E. DEUMMOND JEEVOIS. The Bight Hon. the Earl of Derby.
A.-3, 1884. A.-3A, 1884
No. 31. (No. 71.) My Lord, — Government House, Wellington, 13th September, 1884. In continuation of my Despatch No. 85, dated the 16th August last, I have the honour to report that the seat in the Executive Council, which was then vacant, was filled by Captain Morris, member for Tauranga, in the Provincial District of Auckland, who received the portfolio of Commissioner of Customs, and on the 18th August took the oaths and his seat as a Member of the Executive Council. 2. The formation of a Government having taken more time than was expected, I did not open Parliament in person until the 19th August. I transmit herewith copies of the Speech delivered on the occasion, and of the Addresses in Eeply which were presented to me by the Legislative Council and the House of Eepresentatives respectively. As your Lordship will perceive, from the concluding paragraph of the latter Address, an amendment had been carried declaring a want of confidence in the Ministry then in office. I transmit herewith extracts from the "New Zealand Parliamentary Debates," containing the debate on the amendment, which was carried by a majority of nineteen. 4. On the 21st August I sent for Mr. Thomson, the member who had moved the amendment, and asked him whether he could form an Administration. He undertook the task; but the following day he returned and informed me that he found himself unable to complete it. 5. The same day I sent for Sir George Grey, and asked him whether he saw his way to the formation of a Government. He replied that he would endeavour to bring parties together,'and call on me again the following day (Eriday). Upon his return he asked for an extension of time until Tuesday, the 26th. To this I assented. The morning of that day, however, he reported to me that he was 3—A. 1.
A.—l
14
unable to form a Ministry. He suggested that I should send for Major Atkinson, a course which I had already been considering, and decided to be the wisest. I did so; Major Atkinson accepted the task ; and that evening in Parliament asked for an adjournment of the House until the following Friday, the 29th. 6. Major Atkinson submitted to me the following names, which I approved :— Major Atkinson, Premier and Commissioner of Stamps ; The Hon. G. McLean, Commissioner of Trade and Customs; Mr. Mitchelson, Minister for Public Works ; Mr. E. Wakefield, Colonial Secretary; Mr. E. Hursthouse, Minister of Lands and Immigration ; Mr. W. E. Eussell, Postmaster-General and Commissioner of Telegraphs, 7. The same evening a vote of want of confidence was moved by Mr. Stout, and carried by a majority of 5. I transmit extracts from the " New Zealand Parliamentary Debates " containing the debate. 8. The following day, August 30th, Major Atkinson tendered his resignation, which I accepted. After much earnest consideration and consultation with some of the leading members of both Houses, I decided to send for Mr. Stout, the proposer of the motion. Having stated his willingness to undertake the task of forming a Government, on the 3rd instant he submitted to me the following list :— Sir Julius Vogel, Colonial Treasurer, Postmaster-General and Commissioner of Telegraphs, and Commissioner of Stamp Duties ; Mr. Stout, Premier and Attorney-General; The Hon. E. Eichardson, Minister for Public Works ; Mr. Ballance, Native Minister, Minister of Defence, and Minister of Lands; and Mr. J. A. Tole, Minister of Justice. These gentlemen were accordingly sworn in that day. 9. The following day the portfolio of Colonial Secretary was offered to, and accepted by, the Hon. P. A. Buckley, member of the Legislative Council, who took the oaths and his seat accordingly, I have, &c. Wm. E. DEUMMOND JEEVOIS. The Eight Hon. the Earl of Derby.
Authority: George Didsbtjry, Government Printer, Wellington.—lBB4.
Permanent link to this item
https://paperspast.natlib.govt.nz/parliamentary/AJHR1884-II.2.1.2.1
Bibliographic details
DESPATCHES FROM THE GOVERNOR OF NEW ZEALAND TO THE SECRETARY OF STATE., Appendix to the Journals of the House of Representatives, 1884 Session II, A-01
Word Count
7,750DESPATCHES FROM THE GOVERNOR OF NEW ZEALAND TO THE SECRETARY OF STATE. Appendix to the Journals of the House of Representatives, 1884 Session II, A-01
Using This Item
No known copyright (New Zealand)
To the best of the National Library of New Zealand’s knowledge, under New Zealand law, there is no copyright in this item in New Zealand.
You can copy this item, share it, and post it on a blog or website. It can be modified, remixed and built upon. It can be used commercially. If reproducing this item, it is helpful to include the source.
For further information please refer to the Copyright guide.