D.—2

22

If our claims are wrong, let it be pronounced by competent judges, provided we could not agree otherwise ; but to take advantage of a legal technicality which would not stand now in our way had we apprehended any questionable proceeding, is not generous to say the least, and your own sense of honor and justice cannot possibly defend it. As the matter now stands, what, with a little fairness and good will, and if properly explained to your Goverment, might have been settled in a pleasant and honorable manner, will become more important from stage to stage. Whatever the issue may be, we can only lose our money ; morally we have nothing to fear. We apprehend your Government would stand rather in a reverse position. Could this not still be avoided? Our senior proceeded to London at a great personal inconvenience to confer with Dr. Featherston, but, as the only result, iusult was added to injury at the cost of our dignity. We most respectfully beg you will kindly excuse our open language ; but we are convinced that neither you nor your Government have been properly informed of the case, and that otherwise a very different proceeding would have been adopted. We have, &c, Sir William Tyrone Power, R. M. Sloman and Co. Agent-General for New Zealand, Loudon. Sub-Enclosure to Enclosure in No. 12. Extract from a Letter of Messrs. Johnston and Co., Wellington, to the Hon. the Colonial Treasurer, dated 25th May, 1876. * * * * We have the honor to submit, for your consideration, that our authority as agents for the shippers of emigrants, per the ship ' Terpsichore,' extends only to the receipt of drafts for such sums of money as may be payable by the Government to our principals here, by drafts on London, and that we are not authorized to compromise their claims or to agree to any deduction therefrom in respect of alleged breach of contract during the voyage out. We respectfully claim to notice the fact that, upon the investigation instituted by the Immigration Commissioners, resulting in the claim for the deduction you mention, no opportunity was afforded to the ship's agents of being present, nor was any notice given them of the intention to hold such inquiry. We are, therefore, unable to dispute or admit the justice of the claim made by the Government, or to advise our correspondents as to its reasonableness. We beg leave to urge that, on a draft being handed to us by the Government for the sum admitted to be due, a simple receipt for the amount of such draft be taken, and that the question of the proposed reduction should be remitted to London for a legal decision, as provided by the original contract (Journal, House of Representatives, 1872, D. No. la, p. 14). The letter and spirit of the contract clearly appears to provide that the question of the reduction only should be the subject of such a reference. Johnston and Co.

No. 13. The Agent-General to the Hon. the Minister for Immigration. (No. 839.) 7, Westminster Chambers, Victoria Street, Westminster, S.W., Sir,— 27th October, 1876. I have the honor to acknowledge the receipt of your letter No. 162, of 26th July, 1876, in which you direct my attention to the circumstance that " several emigrants from England were shipped in the ' City of Dunedin,' which sailed from Glasgow," and instruct me to inform you of the circumstances under which this arrangement was made, and the expense, if any, which was incurred in sending the people to Glasgow. In reply to your inquiry, I beg to refer you to my report for February last (letter No. 192, dated Ist March), which contains the following remarks: —■" The only emigrant ship engaged for this month is the ' City of Dunedin,' to sail from the Clyde to Lyttelton, and she will probably take about 250 adults, and her complement is already made up. . . . The only emigrants to be accepted at present are to be superior agricultural labourers and single female servants, for the ships ' City of Dunedin' for Canterbury, and the ' Camperdown' for Marlborough and Westland. My intention, as already communicated by telegraph, is not to make any further engagements either as regards emigrants and ships until I receive your specific instructions as to future operations." As, therefore, the " City of Dunedin" was the only vessel laid on for Canterbury after the despatch of the " Countess of Kintore" on the 2nd February, all eligible persons who desired to proceed to Canterbury in March were accepted for that vessel. Upon examination of this ship's papers, I find that about thirty-five persons, including nominations, were sent from England to Glasgow to embark on board the " City of Dunedin." No expense whatever was incurred by this office in sending these emigrants to Glasgow, as all the persons referred to, without exception, paid the expense of the journey from their homes to the port of embarkation. I have, &c., The Hon. the Minister for Immigration, W. Tyrone Power, Wellington. Agent-General.

No. 14. The Agent-Genebal to the Hon. the Ministeb for Immigration. (No. 854.) 7, Westminster Chambers, Victoria Street, Westminster, S.W., Sir— 27th October, 1876. In continuation of my letter of the 24th of August, No. 635, in which I enclosed you a copy of a letter I had received from Mr. Kirchner, rendering " final accounts in closing the Germany agency," and stated that it was my intention to take legal advice as to the proper course to be followed by me in the circumstances, I have the honor to enclose you a copy of a letter which I have received from the solicitors of the Government. As you will perceive, Messrs. Mackrell advise me not to deal