The Crown, The Treaty

and The Hauraki Tribes

1800 - 1885:

Supporting Papers

THE HAURAKI TREATY CLAIMS

VOLUME 5

PART 1

Hauraki Maori Trust Board

The Crown, the Treaty,

and the Hauraki Tribes, 1800-1885

ROBYN ANDERSON

Supporting Papers: Part 1

HAURAKI MAORI TRUST BOARD
1997

First published in 1997 by
Hauraki Maori Trust Board
PO Box 33, Paeroa
Aotearoa New Zealand

ISBN 1-877198-07-2
© Hauraki Maori Trust Board

This report was commissioned by the Hauraki Trust Board
as part of its Waitangi Tribunal claim research programme.
Any views expressed and conclusions drawn are those of the author.

All rights reserved.
No part of this publication may be reproduced,
stored in a retrieval system, or transmitted in any form or by any means,
electronic, mechanical, including photocopying, recording or otherwise,
without the prior permission of the publisher.

Typeset by Wordset Enterprises Limited, Wellington
Printed by GP Print, Wellington, New Zealand

PREFACE

This is the companion volume to Volume 4 The Crown, the Treaty, and the Hauraki Tribes, 1800-1885 by Robyn Anderson. It contains all the essential reference material that Dr Anderson considers necessary to support her report. There are three parts to this volume because the eighty documents that are reproduced, comprise just over 1,500 pages.

In Addition, the supporting papers referred to by David Alexander in his report The Activities of the Trust Commissioner are located in Part 3 of this volume. There are just over fifty documents comprising another 100 pages.

The Activities of the Trust Commissioner is a small self contained report included as Appendix III in Volume 4 The Crown, the Treaty, and the Hauraki Tribes, 1800-1885 by Dr Robyn Anderson.

The index to all supporting papers are set out in the preliminary pages found at the start of each part of this volume.

THE CROWN, THE TREATY, AND THE HAURAKI
TRIBES 1800 - 1885: SUPPORTING PAPERS

PART 1   INDEX

Doc 1, pp. 1-6: Bunbury to Hobson, 6 May 1840, end. 3 in Hobson to Russell, 15 October 1840. GBPP 1841 (311), p. 100; Bunbury to Hobson, 15 May 1840, end. 6 in Hobson to Russell, 15 October 1840. GBPP 1841 (311), p. 103-4.

Doc 2, pp. 7-11:   Clarke Report, end. in Gipps to Russell, 7 March 1841. GBPP 1842 (569) pp. 93-100.

Doc 3, pp. 12-17:   Judgment of Justice Chapman - The Queen v. Taylor, encl. 1 in Governor Grey to Earl Grey, 24 July 1849GBPP 1850 (1136), pp. 10-15.

Doc 4, pp. 18-37:   Fairburn case file. OLC 1 590(repro 111) (extract)

Doc 5, pp. 38-49:   Whitaker case file OLC 1 1130

Doc 6, pp. 50-53:   Grey to Pakington, 9 November 1852, despatch No. 1, in despatches from Governor Grey, GBPP 1854 (1779), pp. 166-169.

Doc 7, pp. 54-59:   Extract of Minutes of Executive Council, 24 November 1852, in despatch 121.G 8/8.

Doc 8, pp. 60-67:   Wynyard for the Executive Council, 25 November 1852. G 8/8.

Doc 9, pp. 68-69:   Agreement with Maori, 20 November 1852. New Ulster Gazette, 26 November 1852.

Doc 10, pp. 70-71:   Preece to McLean, 7 August 1856. McLean Papers. Correspondence MS-Papers- 032-0516.

Doc 11, pp. 72-104:   Turton's Epitome C.299-305, 310-316, 321-337.

Doc 12, pp. 105-110:   New Zealand Gazette, 22 November 1861, pp.300-305

Doc 13, p. 111:   Despatch of Grey to Newcastle, 29 June 1862. GBPP 1863 (467), pp18-19.

Doc 14, pp. 112-19:   Shortland to Fox, 2 November 1863. MA 1 1863/342

Doc 15, pp. 120-24:   Outward Letterbook to Resident Magistrates and Civil Commissioners, 1865. MA 4/60.

Doc 16, pp. 125-148:   Mackay Report, 23 June 1865. Le 1 1865/138.

Doc 17, pp. 149-161:   Hauraki Claims. Compensation Court: Mackay's Awards. Waikato Confiscations. DOSLI Raupatu Document Bank, vol. 104, folders 3/16, pp. 40005-10; and 3/17, pp. 40013-19.

Doc 18, pp. 162-176:   Proceedings of Compensation Court, Wairoa Block, File 1/3, Waikato Confiscations. DOSLI. Raupatu Document Bank, vol.102, pp. 39142-39156.

Doc 19, pp. 177-185:   Royal Commission re Native Grievances, NLC File 13/H. Wairao and Otau Blocks. Raupatu Document Bank, vol. 51, pp. 19900-7.

Doc 20. pp. 186-194:   Le 1/1869/124 Letters from certain Natives objecting to the taking of lands beween High and Low water mark at Shortland for gold mining.

Doc 21, pp. 195-317:   Le 1/1869/133 Correspondence between the Government and James Mackay, Civil Commissioner, from 1st June 1868 to 5th May 1869.

Doc 22, pp. 318-321:   NZPD 1868, vol. 1, pp. 27-8; vol.2, p. 247-8

Doc 23, pp. 322-328:   The Auckland Gold Fields Proclamation Validation Act, 1869.

Doc 24, pp. 329- 334:   NZPD 1869, vol. 6, pp. 833, 876, 899-905.

Doc 25, pp. 335-340:   Evidence at Kauaeranga, Hauraki Minute Book 4, pp. 231-234, 236-237.

Doc 26, pp. 341-347:   Judgment at Kauaeranga, December 1870. Hauraki Minute Book 4, p. 235.

Doc 27, pp. 348-352:   Pollen to McLean, 31 August 1870; 12 June 1871. McLean Papers. Correspondence. MS-Papers-0032-0507 and -0508.

Doc 28, pp. 353-367:   Power to McLean, 10 October 1871, 15 April 1873 (extracts of). McLean
Papers (partial typescript) MS-Papers-1347.

Doc 29, pp. 368-418:   Memoranda and Registered Files, Native Affairs Department. MA 1/16/ 1854.

Doc 30, pp. 419-515:   Extracts of evidence re Karaka and Te Hape, 26 August 1872. Hauraki Minute Book 7, pp. 119-215.

Doc 31, pp. 516-517: Approximate map in Puckey memorandum, 2 April 1872. Papers relative to the extinction of the Native Title to the Thames Foreshore. Auckland Provincial Council Session Papers, xxix, 1873-4. NZ MS 595. APL.

Doc 32, pp. 518-524:   NZPD 1873, vol. 14, pp. 526-528; vol. 15, p. 1007-1010, 1263-64.

Doc 33, pp. 525-544:   Auckland Provincial Government General Inwards Correspondence. AP2/72/3512.

PART 2

Doc 34, pp. 545-573:   Proceedings of Native Meeting Held at Thames on 11 & 12 December 1874. MS-Papers-2520.

Doc 35, pp. 574-577:   Alley to Grey, 29 March 1875. Auckland Provincial Government General Inwards Correspondence. AP 2 29/980/75.

Doc 36, pp. 578-614:   Petition of Epiha Taha and other Natives of Ohinemuri, 18 August 1875. Papers brought before Parliament and Select Committees. Le 1/1875/12.

Doc 37, pp. 615-634:   Petition of Ohinemuri Natives. Papers brought before Parliament and Select Committees. Le 1/1876/7.

Doc 38, pp. 635-652:   Petition No.395 from Hoterene Taipari anr. Papers brought before Parliament and Select Committees. Le 1/1877/5.

Doc 39, p. 653:   Third schedule to Public Works Appropriation Act, 1878.

Doc 40, pp. 654-662:   New Zealand Gazette, 16 May 1878, pp. 600-8.

vi

Doc 41, pp. 663-676:   Wilkinson Report, 1 July 1879. Native Land Purchase Department
registered File. MA-MLP 1 1879/202.

Doc 42, pp. 677-685:   Lewis evidence, 29 June 1880. Le 1/1880/6.

Doc 43, pp. 686-692:   E W Puckey, 31 July 1880. In Hauraki Gold Field Petition, Treasury Statement Relative to MA 13/35 (c).

Doc 44, pp. 693-694:   Rawiri Taiporutu, 21 May 1882. Ohinemuri Goldfields special block file. MA 13/54(a)

Doc 45, p. 695:   Return of Goldfields Revenue from August 1867 to June 1882. Mines
Department Registered File. MD 1 82/714.

Doc 46, pp. 696-699:   Kenerick to Under Secretary Gold Field, 27 December 1884. Mines
Department Registered File. MD 1 85/2.

Doc 47. p. 700:   Return showing the amount of Gold Fields Revenue, 1877-1883. Papers brought before Parliament and Select Committees. LE 1 1883/138

Doc 48, pp. 701-719:   Report on the question of Miners' Rights. NO 89/1255. Justice Department Inward Letters. J 1/96/1548.

Doc 49, pp. 720-964:   MA-MLP 1 1885/18 Maori Affairs Head Office file.

Doc 50, pp. 965-1009:   MA 13/44 Extracts from Komata special block file.

Doc 51, pp. 1010-1025:   NLP 89/388, in MA 13/64 (b) Piako special block file.

Doc 52, pp. 1026-1237:   Statement of the facts and circumstances affecting the Ohinemuri Block. MA 13/35 (b). Hauraki Gold Fields Special block file.

PART 3

Doc 53, pp. 1238-1325:   Turton Deeds: Mahurangi District, 192-193, 198-199; Auckland District, 207, 219, 221, 233, 247; Private Land Purchases, 347; Coromandel District, 292-313, 333-346; Piako District, 394-403; Hauraki District, 357-359,386-387.

Doc 54, pp. 1326-1331:   AJHR 1862, E-7, pp. 11-16: Reports on the State of the Natives on the Arrival of Sir George Grey.

Doc 55, pp. 1332-1336:   AJHR 1863 D-8, pp.1-5: Papers Relative to the Probability of Finding Gold at the Waikato and Thames.

Doc 56, p.1337:   AJHR 1863 E-3, p. 62: Despatches from the Secretary of State and the
Governor of New Zealand (Section 1: Grey).

Doc 57, pp. 1338-1339:   AJHR 1863 E-7, pp. 8-9: Colonial Responsibility.

Doc 58, pp. 1340-1360:   AJHR 1867 A-20, pp. 7-27: Papers relative to Affairs at Tauranga.

Doc 59, pp. 1361-1397: AJHR 1869 A-17, pp. 3-36 with maps: Report by Mr Mackay on the Thames Gold Fields.

Doc 60, pp. 1398-1400:   AJHR, 1869 F-2, pp. 3-4: Report of the Public Petitions Committee on the Petition of Thirteen Natives owning Land at the Thames Gold Fields.

vii

Doc 61, pp. 1401-1416:   AJHR 1869 F-7, pp. 3-18: Report of the Select Committee on the Thames Sea Beach Bill.

Doc 62, pp. 1417-1430:   AJHR 1870 A-19, pp. l-16: Correspondence Relative to Ohinemuri and Native Matters at the Thames.

Doc 63, pp. 1431-1432:   AJHR 1871 A-2A, pp. 43-4: Case of Ngakapa Whanaunga and Papers with reference to Survey.

Doc 64, pp. 1433-1435:   AJHR 1872 H-11, pp. 3-5: Report of Select Committee on Native Affairs.

Doc 65, pp. 1436-1452:   AJHR 1873 G-8, pp. l- 17: Reports of Officers engaged in the Purchase of Native Lands.

Doc 66, pp. 1453-1461:   AJHR 1873 1-2, pp. 1-9: Report of Select Committee on the Timber Floating Bill.

Doc 67, pp. 1462-1476:   AJHR 1875 C-3, pp. l-9: Correspondence Relating to Claims Upon Lands Taken Over by the Province of Auckland from the General Government; C-3A, pp. l-4: Further Correspondence; C-3B, p. l: Return of Names of Europeans from whom Lands etc have been Purchased; C-3C, p. l: Return of Lands Purchased by Government from Europeans in Waikato.

Doc 68, pp. 1477-1491:   AJHR 1875 I-l, p.iii-iv, l-13, 34-5, 64-71: Report of Tairua Investigation Committee (extracts of).

Doc 69, pp. 1492-1493:   AJHR 1876 1-4, pp.1-7: Reports of Native Affairs Committee.

Doc 70, pp. 1494-1495:   AJHR 1877, G-l, pp. 4-5: Reports from Officers in Native Districts.

Doc 71, pp. 1496-1498:   AJHR 1877 G-7, pp.6-il: Purchase of land from the Natives.

Doc 72, pp. 1499-1502:   AJHR 1877 J-3, pp. l-4: Petition of Reha Aperahama and 47 Others.

Doc 73, pp. 1503-1509:   AJHR 1879 G-6, pp.l-7: Reports by Puckey, Native Agent, Thames, relative to Native Disturbance at Ohinemuri.

Doc 74, pp. 1510-1511:   AJHR 1880 G-4, pp. 4-5: Reports from Offlers in Native Districts.

Doc 75, pp. 1512-1515:   AJHR 1881 G-8, pp. 8-11: Reports form Officers in Native Districts.

Doc 76, pp. 1516-1517:   AJHR 1882 G-l, pp. 3-4: Reports from Officers in Native Districts.

Doc 77, pp. 1518-1520:   AJHR 1884 C-2, session II, pp. 5-7: Lands Purchased and Leased from Natives in the North Island.

Doc 78, pp. 1521-1532:   AJHR 1885 G-l, pp. 30-41: Notes of Native Meetings

Doc 79, p. 1533:   AJHR 1886 G-l, p. 10: Reports from Officers in Native Districts

Doc 80, pp. 1534-1545:   AJHR 1891 G-l, pp. 35-44: Report of the Commission of the Native Land Laws.

viii

THE ACTIVITIES OF THE TRUST COMMISSIONER SUPPORTING PAPERS

INDEX

Type   Title   Doc. No.

AJLC   Report of Committee on Native Reserves Bill. AJLC 15-8-1870. pp 8-9   #l-2

NZPD Speech of H Sewell. 29-8-1870. NZPD Vol 9 pp 359-362   #3-5

NZPD NZ Parliamentary Debates. Vol. 9 p 362   #5

NZPD NZ Parliamentary Debates. Vol. 9 pp 362-364   #5-6

NZPD NZ Parliamentary Debates. Vol. 9 pp 364-365   #6

NZPD NZ Parliamentary Debates. Vol. 9 pp 365-366   #6-7

NZPD NZ Parliamentary Debates. Vol. 9 P 455   #8

NZPD NZ Parliamentary Debates. Vol. 9 P 564   #9

NZG   The Native Lands Frauds Prevention Act 1870   #10-12

AJHR Instructions to Trust Commissioners. AJHR 1871 G-7A   #13

AJLC   Instructions to Trust Commissioners. AJLC 1871 p 162   #14

AJHR Report of the Trust Commissioners Year ended 31-5-1871. AJHR G-7   #15-29

AJLC   Orders of Reference for Comm. to Inquire into Council report. P 53   #30

AJLC   Report of Committee of Legislative Council AJLC P 142   #31

NZG   The Native Lands Fraud Prevention Act Amend. Act 1873. NZG P 167   #32

NZG   NZ Gazette. 1871 P 275   #33

NZG   NZ Gazette. 1872 P 3   #34

AJHR Trust Commissioner to Agent for General Government 1871 G-7   #16-19

NZG   NZ Gazette 1871 p 1   #35

MA   Trust Comm. Auck. to Undr Sec. Native Dept. NOD 1874/6814   #36-37

NZG   NZ Gazette 1874 pp 810-812   #38-40

NZG   NZ Gazette 1871 p 277   #41

NZG   NZ Gazette 1873 p 30   #42

AJHR Trust Comm. Auck. to Native Min. AJHR 1877 G-6   #43-44

MA   Trust Comm. Auck. to Native Min. MA Head Office papers   #45-48

AJHR Trust Comm. Auck. to Native Min. AJHR 1876 G-8   #49

AJHR Trust Comm. Auck. to Native Min. AJHR 1877 G-6   #43-44

NZG   The Native Lands Fraud Prevention Act 1881   #50-53

NZPD NZ Parliamentary Debates, Vol. 38 ppl74-176   #58-59

NZPD NZPD Vol. 35 pp 225-227, Vol 37 pp 59-60, Vol. 38 pp 174-176   #54-59

NZPD NZPD Vol 37 pp 59-60   #56-57

NZG   NZG 1882 pp 258-260   #60-62

NZG NZG 1882 p 686   #63

NZG NZG 1882 p 791   #64

NZG NZG 1883 p 1359   #66

NZG NZG 1883 p 1358   #65

MA   Native Min. to US Native Dept 21-4-1885 NO 1886/636   #67-69

NZG NZG 1885 p 512   #70

NZG   Notice by US Native Dept. 9-6-1885. NZG 1885 p 760   #71

NZPD NZPD Vol. 54 p 463   #72

NZPD NZPD Vol. 62 pp 15-16   #73

NZPD NZPD Vol. 63 pp 460-l O475   #74-75

NZG   Native Lands Frauds Prevention Act NZG 1888 ppl37-139   #82-83

NZPD NZPD Vol. 65 pp 380-381   #84

NZPD NZPD Vol. 66 pp 261-265   #85-87

ix

Type   Title   Doc. No

NZPD NZPD Vol. 66 pp271-272   #88-89

NZPD NZPD Vol. 66 PP 380-381   #90

NZG   NZG 1890 pp 180-181   #91-92

NZG   NZG 10-7-1890 pp 775-776   #93-94

NZG   NZG 1890 pp 1181-1182   #95-96

NZG NZG 1890 p 719   #97

NZG NZG 1891 p 1109   #98

ST   Native Land Court Act 1894   #99-100

No

Governor Hobson to the Secretary of State for the Colcnies, 15 Oct. 1840.

Sir,   Pearty Bay, New Zealand, 8 May 1840,

I LATELY Rev. H. Wlliams a of treaty between Her Majesty Queen Victoria and the chief of New Zealand, for the approtal and signature of the chiefs living between the East Case and Ahuriri, together wide hale of blankets for distribution among the said chiefs

I am happy to you that the leading in this have hare signed the treaty, and there is no doubt the rest will follow their example. In about a week I expect to proceed to the East but it will be the and of July or August before I shall again see the natives which is to the of Table Cape.

Supposing that it is of importance to obtain the general approval of the natives, I shall snot transmit the is complete, but you mey in the mean time rely upon prompt attention being it.

The blankets have been given at the sate of one to each leading chief, and it will require at least 60 more to complete the bounty through

I take this occasion of sending, for the information of his Excellency the Governor, some account of a most transaction which place in January last, being an attempt on the part of a Captain Rhodes, of the barque Meanor, from Sydney, to dupe the natives out of a tract of , extending from Port to the northern side of Ahuriri, in Hawke's Bay, and from the northern bank of the river Wairoa to the north of Table Cape. For this embracing a coast line of about 160 miles, and intended no doubt to extend as far into interior as may be property to the amount of about 160/. has been paid to the natives. A list of the property I have in my posseession. From the circunstance I doubt not but that is Excellency will take measures to set a side the whole but in addition to fact, I am prepared to establish, first, that a large of the land was bought from persons who had no interest in it; secondly, that those person signing the deeds king proprietors of the land, did not understand their thirdly, that some of who signed the deeds expressed their disapproval after their signature was given, by to receive the payment ; fourthly, that the most body of the proprietors was not consulted in the matter, the parchase having been made board ship, and expreced their most decided disapprobation.

I am,

To Wdloughby Esq.   (signed)   Waliam

(4.)

No, 35.
Governor Hobson
to the Secretary of
State for the Colo-
15 Oct 1840.

Tiraran intends going to the Bay of Islands, in company with Captain Heald and party, and you will therefore, no doubt, have an opportunity of seeing him. I have every reason to believe that he is well disposed towards the Government. I saw Parore the other day, who said that he should do the same as Tiraran, which I believe is the sentiment of all the chiefs in this quarter.

Moping that his Excellency will soon be restored to perfect health, and praying that that Lord directs all the important affairs of this infant colony.

I remain,

Willoughby Shortland, Esq.   (signed)   James Buller.

(3.)

Her Majesty's Ship Herald,

Sir,   Coromandel Harbour, 6 May 1840.

I AVAIL myself of the opportunity afforded by the expected departure of a vessel this morning for the Bay of Islands, to report to your Excellency our proceedings since Her Majesty's ship Herald sailed from the outer harbour of the Bay of Islands, on the morning of the 20th ultime. The following day the ship having anchored at Coromandel Harbour, Mr. Williams and myself went on shore at Mr. Webster's establishment, in order to arrange means for securing the attendance of the native chiefs, and fix a day for them to sign the treaty a native was also dispatched overland to Mercury Bay, with letters from Captain Nias and myself, to Mr. Stewart, requesting him to pilot the Herald, and to notify to the native chiefs at Mercury Bay one object in visiting the coast, and to request their attendance with himself at Mr. Webster's establishment, on Monday the 4th instant, that day having been fixed upon for the assembling of the natives. Mr.Stewart's answer I herewith inclose.

On the day appointed, Captain Nias, with several officers of Her Majesty's ship, together with Mr. Williams and myself, went on shore about 11 o'clock, but no native chiefs lied at that hour assembled. A considerable number of Europeans appear, however,to have been attracted by the report of the expected meeting; subsequently a number of natives did assemble, with six chiefs of different tribes, and after a variety of objections on their part, we succeeded in obtaining the signatures of four; one of these being the principal chief of the district, the celebrated Horeta, of Bamin's Island notoriety. The principal orator, an old chief named Piko, and another of inferior note, refused to sign, alleging as a reason, that they wanted more time to assemble the different tribes of the Thames district, and to consult with them, when they would also sign; but that he could for himself, see no necessity in placing himself under the dominion of any prince or queen, who might govern the white men if she pleased, as he was desirous of continuing to govern his own tribe. It was evident they had heard of the occurrences at the bay, respecting the murder of an Englishman by a native, and although he did not complain of the injustice of the proceedings, it was evident they had some weight with him, and that he had been tutored by some Europeans. Mr. Williams explained the treaty ; its object in consequence of the increasing influx of strangers ; and that the claim of pre–emption on the part of Her Majesty was intended to check their imprudently selling their lands without sufficiently benefiting themselves, or obtaining a fair equivalent. It was to me very apparent also that a trifling present was expected in payment for his adhesion, but, in their exalted idea of the Queen's munificence, they at first all refused the present of a blanket, which was offered after their signatures had been obtained, and which I wished them to consider was a gift personally from myself.

It is I conceive much to be regretted that objects of ordinary traffic between the natives and Europeans should have been selected as presents for the tribes on the coast; and I fear, therefore, that the blankets, pipes and tobacco with which I have been furnished, must only he employed in payment for messengers, &c. Sent with letters to the different tribes Forage caps and scarlet or blue cloaks would have been highly appreciated. At a bivouac of natives which I visited, I observed no less than six double-barrelled guns outside one of their huts; and those which I examined, appeared to be in excellent order and of a very superior quality. Mr. Priest, of the Church mission, whom I saw yesterday, having told that a number of influential chiefs were near his station, I have requested Mr. Williams to write to each of them a copy of my communication, which, with its translation, I herewith inclose, as it will explain the object I have in view. I ordered a dinner to be prepared, consisting

fresh pork and potatoes, for the natives who assembled on Monday; and I have further, at the recommendation of Captain Nias, chartered the schooner of Mr. Bateman, to convey me to Tauranga and Opitiko, on the same terms as when engaged by your Excellency for a similar object, prior to her being driven on shore in this harbour. The expense attending this arrangement being unavoidable, it will, I trust, meet with your Excellency's approval. Captain Bateman has hitherto been of great service to us, from his knowledge of the coast, and Captain Ninaspeaks of his intelligence as a volunteer pilot in the highest terms.

I have, &c.

To His Excellency Captain Hobson, R.N.   (signed)   T. H. Bunbury.

Lieutenant-governor, &c. &c. &c.   Major, 80th Hegiment.

the subject, demanding the paper to destroy it. My coming was most opportune ; I stria allayed the excitement, and distributed a few presents, promising the like to all otlims who had signed their names ; had I been a day later, Mr. Maunsell's influence in the district would have been lost, to the great detnnient of the advancement of his missionary labours.

On examination of the signatures obtained by Mr. Maunsell, I found that, with the exception of very few, all the leadingmen of the country as fur south as hlukau, had acknowledged the sovereignty of Her Majesty. These few belonged to the neighbourhood of dotes and Kawia, wherefore I determined on proceeding myself no further, being w,./1 assured of the disposition no the part of the Wesleyan mission to support the Government by every exertion in its power; and I sent a letter, whereof the accompanying is a copy, to the Rev. John Whiteley, claiming his assistance in procuring the remaining names.

I returned to Manukau on the lath April, where I obtained the adherence of seven other chiefs to the treaty. Te Wera..Wera and several others, however, objected. though they manifested no to the Government. This I attribute partly to the bishop's influence, partly to the extreme pride of the native chiefs, and M great measure to my being alone and unable to make that display and parade which exerts such influence on the minds of savages. 1 laboured also under the disadvantage of the want of Mr. Hamlin's services, who was absent on his missionary duties.

I should not fail to mention, that in personal communication with the several chiefs who affixed their signatures to the treaty, I found the best disposition displayed towards Her Majesty's Government, but at the same time that their expectations are raised very high as to the immediate benefits which they am to derive from its establishment in their country ; and, if I might presume to offer an opinion, I would suggest, that in order that they might not be disappointed, measures might be adopted to put the chiefs in communication with the Government officers to make arrangements for the purchasing of lands, &c.

I have, he.

To the Colonial Secretary,   (signed)   If. C. Symonds.

&c. &c. &c.

Sir,   Waikato Heads, 8 April 1840.

H ts Excellency the Lieutenant governorhaving deputed me to obtain the adherence du many of the principal chiefs of the western coast of this island to the treaty of Waitangi as may he induced to affix their names to a signed copy of that treaty which was famished me, I have the honour to request your assistance in Kawia, and the country about, towards that end.

The exertions of the Rev. R. M aonsell have saved me the trouble of a joamey further into the Waikato country, and his success in obtaining signatures has been such, that I have been induced to forego a visit I had proposed to Karim; but few of the principal chiefs remaining to be gained over.

I beg to consign to your charge a copy of the treaty, and to request that you will take the trouble to obtain the cession of their sovereign rights to Her Majesty from as many of the chiefs as you may deem sufficient, stretching as far to the southward as possible among the Ngatimaniapoto. Te Ngohi, Pakasu, Wa raki and Krisi, front vuur neighbourhood, base gi.a their signatures; and I believe that if Taoism Teriki, Te Ware, Te An, Te Nakuru from Kawia and %Vim. and Rawiri front Wangoon be obtained, that they will suffice to extend Her 'Majesty's authority as far south as Mikan I beg, however, that you will be guided by your own judgment, and let all the principal chiefs sign who may wish to give over their country to British protection.

Notice of presents given lay the gorernor to those who signed at Waitangi and Shomaki. bad preceded one, and may have reached Kawia; every one, therefore who has any pretension to being a chief will flock to sign his mule for the sake of obtaiaing a blanket; coosequently it is of the greatest importance that the nature of the emeltoo of rights should be perfectly explained, that these eine& only should be chosen of the greatest authority, and that it should be explained to them that the gifts made to them have m nowise the nature of a bribe or payment for their concurrence.

Blankets will be forwarded to you, to be given to those who subscribe their names, arid I request you will distribute them, one to each chief, after signature.

If you mill have the goodness to return the copy of the treaty to me, at Manukait I will put it in the proper channel to reach his Excellency the governor.

I have, tee.

The Reverend John Whiteley,   (signed)   William C. Symonds
Minister, Wesley. Mission.

No. 35.
Governor Hobson
to the Secretary of
State for the Colo-
nies, 15 Oct. 1840

No. 35, Goveraor Homo,

Her Majesty's Ship, Herald hlercury Bay,   to the Secretary of

Sir,   IS May 18•10.   State for the Colo- S ince l last had de Leone of addressing you, I have mode an excursion in the Treat m", '5 43..; 5840- schooner to Ternranga. Se left the Herald at Mercury Bay on the nth instant, late iu the

evening, and arrived orlmuranga on the Sunday following ; but the night was too far advanced to attempt moon' the harbour until the following day, when Mr. Parker of Her Majesty's ship the Itera14,Mr. Williams and myself went on shore at the mission station, where we were received by the Rev. Mr. Stack, and I was agreeably surprised to 10001, that most of the native chefs in that neighbourhood hid already signed the treaty, with the exception of the ono-ape/alai and one or two of his friends at thetinimoctoi ca. This pa we visited the sante evermg, accompanied by Mr. Stack ; it is a very extensive fortification, and appears to coax. Art 1,000 men. The chief who had declined signing is a very young man, and his aaerawas timidly reserved, and leis prepossecsiner than most of those I had before seen. Os ow taking leave, he made the usual remade, that he wanted to consult the other chicken& that he would with theta meet as at the mission station on the morrow.

On the following day !wiled not speak uutil the close of the conference, and then only in private to Mr. Wiliam:1km Mr. Stack and myself had left them, and to inquire how numb he MS to get iat hiss*oature. Another chief expressed some   '

indionation, became

the christran chiefs Ind re, as he said, met them ; I presume he rneaat those front the other pa, where Mr. Sled's influence was supposed to extend more than to his own, and where a Roman-cathcie lemma residenhary, and the Catholic bishop were supposed to have 01010 influence. A third chief, the principal orator on this ocrasion, amused me much. After the treaty hal been read arid explained to them, he quaintly observed, when his signature was refloated," Now first let an talk a little. Who was the first stranger that visited our shores'?" On brag answered Cook ; " And who was Cook's king ;wau his lassie not Georgi 7" On my replyiegltrough the interpreter, •• Yes ;" " And who then," he continued, "is this Queen?" I tie-maimed him that King Georgt had been dead some years, as also his two soon, Georgi and Walton, who had succeeded him on the throne, and that the present Qneea was the graruldsegjece of Georgi. He then adverted to the wars of their tribes and chiefs, particularly with de natives of %tofu Vua. I told hint that one of the principal objects of my mania, ma to persuade all tribes at present at war with each other to accept the mediate,. of your Excellency., and to advise them to abide your decision. He objected strongly so am popoml, of visiting at a future period the moves of Volt Yea, mil he also observed, dyer ration is so fond of peace, why had we introduced into his country fire-arms and pas:order I Ile was in reply, told, that the effects of this trade had been much deplored by tie Queen's Govern 0.1.L. who were anxious to mitigate its consequences, by solatioungistice and a reoo lar form of government in their country, and which could Duly be el reed giviug the Queen the necessary powers, and for whirl purpose they were riaransito sign the treaty, which had been before explained to them. He nest inquired wiethermay Queen governed ad the white nations; I replied, not all; bet that she was Queen Abe most powerful of all the nations. She hail, however, acknowledged the New Zealendesto be an independeat nation some years ago; bet that treaty had proved abortive, is emsequence of the wars of their nibis amongst themselves, and their want of maim ' - amdesthemselves alone, therefore, were to be attached the evils they had endured. She ifid mtseek the authotity of white men, of whatever taboo, to govern them ; she sought tag sellmeity from themselves, as a spontaneous gilt, vesting her with power for their owe goateed to avert the eras which she foresaw were accumulating around them, by the :nosing influx of white um, subject otherwise to no law or control. 011 being told Sisal I ma a chief of a body of soldiers, and that t had vetoed under the monarchs already unsiorkk inquired, should his tribe, agreeable to ay moist, abstain from making war on the mews al You Vaa, would the Goventor send a portion of my fence to protect them. I told them your Excellency desired rather to niedate bettmea them, and only in cases of extrememergeocy would you be prevailed upon to act in any other manner; hot if your arlinatim eras applied foe, I had no doubt but that the orstorn of their muatry would be conspbellwith, by your iesisting on a compeosation being made to the party mjured, by the partgoffending.

On my speaking of theme of lands, and of the right of pre-emption claimed by the Qoan as intended equal. for their beoebt, and to encourage industrials white men to settle amongst them, to teats them arts, and bow to manufacture threw articles which were so much sought after awidalminst by them, rather than by leaving the sale of large tracts of 4"d° to themselves, thayeright sass into the hands of white men, who would never come ...angst them, but to larger by their speculations the industrious. The Queen, therefore, knew the object of firearm, many of whom, I had no doubt, had counselled them not is sign the treaty ; bet siewould, nevertheless, unceasingly exert herself, to mitigate the evils they sought to laden this country, by purchasing their lands hemelf at a jester valuation. Ile said it wermeJeas now to speak of this, as the wlito men bad purchased .11 their lands ; hut theyippeared quite satisfied, mying it was very just

lYour Excellency e mar of the dilatory habitof the natives; l therefore told their
ief m conclusioo, that& WU necessary that I should also pay my respects to the chiefs
.f he neighbouring pt -iii therefore task ray leave of them, leaven Mr. 'William for a
to see if they •awthesolve whether to sign or not the instil; he subsequently told
lac that presents had beredemaaded, bat the chief said he would not believe the word of

3' t •   the

(e.)

104   

No. 35.

Governor Hobson to the Secretary of State for the Colonies, is Oct. 1840.

the missionary, when Mr. Williams told hen that he had little doubt, but that I send some blankets through him for distribution.

I afterwards visited the chiefs at the Maungatapu pa, all of whom hod previously signed with the exception of two, who were, I regret to say, absent with their families. We were well received; the chief, a fine, intelligent-looking fellow, named Nuka, said that he had dined, but if we would take some dinner, it would soon be prepared for us. Thin pa and the tribe are of considerable strength and importance. I was much taken by their chief's manners, and from the good chancier he bean, if any mark of distinction is ever to be shown to any of them, it would be well to secure the good-will of this chief, who appears to be well disposed to the Government.

I have deemed it expedient to enter more fully into the detail of this conference, as one which not only shows fully the general character of the natives, but also the nature of the obstacles I may hereafter expect to meet, when principles alien to the Government have been instilled by interested Europeans into their minds, as exemplified also at Coromandel Harbour; neither will I disguise from your Excellency my regrets, that men possessing Christianity, should, in a country merging from barbarity, whose inhabitants are scarcely able to comprehend the simplest doctrines of the Christian religion, endeavour to meat., distrust of its ministers, of whatsoever persuasion ; Christianity in any shape, with these people, being better than the deplorable condition of many of them at present It is not the specious professions of a religion which asserts itself unconnected with civil government, which should blind us to the political disunion it creates; but rather its sincerity should be tested by its acts and their effects, and whether it seeks to open a new field of labour before uncultivated, or to paralyze the efforts of those who have laboured to improve the soil by establishing themselves upon it. The latter I conceive incompatible earth such professions, whilst this country contains so vast a field untried, but still it is to be hoped reclaimable.

I have given to Captain Bateman a certificate of having chartered his schooner for 11 days at per diem, also for 9 10s. 8d. paid by him to Mr. Webster at Coromandel Harbour for pork and potatoes given to the natives. We arrived here dos morning, having left Tauraraga Harbour on the 13th instant. The native chiefs at Ottomoetet pa still display their chancier for strict observance of previous engagements, until outbidden by the promise of an increased premium.

I have, &c.

To his Excellency the Lieutenant governor(signed)   Thos. Banbury,

of New Zealand.   Major 80th Regiment.

(8.)

Sir,   Paihia, 11 June 1840.

I HAVE much pleasure in forwarding to your Excellency the treaty committed to my care for the signatures of the chiefs in Cook's Straits.

On my. arrival at Port Nicholson I experienced some opposition, from the influence of Europeans at that place, and it W29 not until after the expiration of ten days that the chiefs were disposed to come forward, when they unanimously signed the treaty.

The chiefs of Queen Charlotte's Sound and Rangitoto, in the ueighbourhood of Port Hardy, on the south side of the Straits, as also those chiefs on the north side of the Straits with whom I communicated, as far as Wanganui, signed the treaty with much satisfaction, and appeared much gratified that a check was put to the importunities of the Europeans to the purchase of their lands, and that protection was now afforded to them in common with Her Majesty's subjects.

I had been my intention to have proceeded to Cloudy Bay, Banks's Peninsula and whereby the signature of the whole of the tribes of the Southern Island would hare been obtained ; for which purpose, I felt it important to prolong the charter of the schooner " Ariel " in the service of the Government ; but upon my return from Wanganui to Kapiti, I received intelligence that Her Majesty's ship Herald had left the Bay of Islands for the Southern Island, and that an officer had beers appointed to proceed with a copy of the treaty; I therefore concluded to return to the Bay of Islands.

I have much satisfaction in stating to your Excellency that Captain Clayton rendered me every assistance in his power, and upon nay application to him at Port Nicholson to convey me to Otaka, &c., he unhesitatingly gave up his vessel for the service of the Government, though to the serious detriment of his private business on the coast.

I have, &c.

To Captain Hobson, R. N.   (signed)   Hony Williams.
Lieut-governor of New Zealand.

No. 35

Governor to the Secretary of

State far Me Colonies, 15 Oct 1840.

(9)

My Dear Sir.

Paihia, Saturday, 27 June 1840.

Church Missionary Station, Tauranga,

23 May 1840.

Is the absence of the Rev. A. N. Brown, I have, agreeably to Major Banbury's directions, copied the treaty of Waitangi, and I hare now the honour to forward to you the original by the " Aquilla" cutter, the first opportunity since Major Bunbury left Tauranga.

Two of whom are considered " high chiefs," have refused to sign the treaty ; their minds have been disturbed by some evil-minded person trying to prejudice them against Government ; they may possibly sign the copy I have taken by-and-by. Major Banbury told me signatures on the copy would be as good as those on the original document you seat. As Major Banbury was hindered, in consequence of war between the tribes, from visiting Rotorua, I sent a copy of the treaty in to Rotorua to-day, to Mmers. Chapman and Morgan, to use their influence to get the signatures of the chiefs. An unexpected opportunity occurring yesterday by the arrival of the schooner Mercury with Mr. James Fedarb on board nssapercargo, I prepared a copy of the treaty, which I gave in eharge to him with letters to our native teachers at Opouki and the Koha, to do what they could in obtaining signatures of chiefs in that quarter.

Either Rev. A. N. Brown or myself should feel most happy by personal visitation amongst all the tribes in the Bay of Plenty to forward the views of Her Majesty's Government were it just now practicable ; but unfortunately it is not ; Mr. B. being on a missionaryvisit in an opposite direction, of necessity one of us must remain at home to take charge of the station.

I have distributed the eight blankets left by Major Banbury to those chiefs whom he directed should have them; I have added four others out of our society's atom. Several more blankets may. yet be wanting if Tupaia and his friends should sign.

I beg to apologize for the very soiled state of the treaty, but the native habits are so filthy it could hardly be avoided.

All the names marked in red ink, are either head chiefs or cone of deceased chiefs of rank. Nuka and Tau are the two greatest chiefs who have signed the treaty in Tauranga us yet.

I have, &c.

Willoughby Shortland, Esq. Acting Colonial Sec.   (signed)   James Rororauka,Bay of Islands.

IT should appear, that in May last Mr. Main chartered a vessel to go a trading to the Bay of Plenty, placing a young man (whose name is W . Fedarb), on board as trading master. This vessel touched at Taurauga, and Fedarb was furnished by Mr. Stack (one of our missionaries) with a copy of the treaty, and instructions to get as many signatures from the chiefs at the places at which he should call as he possibly could. He accordingly copied the treaty, and has got it signed by several, as your Excellency will perceive by the enclosed document. At Opotiki the chiefs, who am well disposed towards us, the Protestant missionaries, wished him to make a between them and those who made a profession of adherence to the Roman-catholic bishop, which he did by prefixing a x before their names. There were four names so marked, but one afterwards begged to have the mark erased, as he would belong to them no longer ; this accounts for the erasure perceptible on the document.

It should also appear, my dear sir, that Mr. Stack had desired Fedarb to give them a

little tobacco, &c., which he has done from the trading stores he bad in charge, the property of Mr. Maw, the bill for which is also enclosed.

Fedarb wan once is my employ; and a sober, steady, trustworthy person be is. This I suppose to be the season for his bringing the document to me, which I have now the honour to transmit to your Excellency.

Hoping that your Excellency enjoys goal health, and praying for a continuance of the same,

I am, &c.

To His Excellency, Captain Hobson, R. N.   (signed)   William Colenso.

Lieut-governor, &c.   &c.

(10)

Her Ship Herald,

28 June 1940.

Sir,

SINCE the lath ultimo, when I last bad the honour of addressing your Excellency, we have encountered eery weather. The Herald, during the night of the 24th, on making Banks's Peninsula, was becalmed, and baying anchored to prevent her drifting the Parted with her anchor and 20 fathom of cable below she could be again got under 311..   weigh,

Copy of a DESPATCH from Lord John Russell to Governor Hobson.

Sir,   Downing-street, 3 August 1841.

I received a despatch from the Governor of New South Wales, dated the 5th of March last, No. 62 transmitting copies of a correspondence which had passed between that officer and yourself on the subject of a practice recently established by Europeans in New Zealand of taking land on lease from the natives, for the purpose of evading the enactments of the Act of Council for the investigation of titles to land in that colony.

In order to put a stop to such proceedings, you will immediately introduce to the local Legislature an Act, declaring the invalidity of those leases from the natives, and of every other alienation of their lands (in whatever form, or subject to whatever conditions. or for whatever time such alienation may have liven made by them) in favour of any individuals since the proclamation of Her Majesty's sovereignty in New Zealand.

I am, &e.

(signed) J.Russel

— No. 17. —

(No. 63.)

COPY of a DESPATCH from Governor Sir George Gips to
Lord John Roswell.

Government House, Sydney,

My Lord,   5 March 1841.

I HAVE the honour herewith to forward a copy of a despatch from the Lieutenant-governor of New Zealand, dated the 16th February lot (received the 4th instant), in which the Lieutenant-governor announces the removal of the seat of his Government from the Bay of Islands to the Town of Auckland, on the River Waitemata, which falls into the frith of the Thames.

The Lieutenant-governor in this despatch alludes also to some rumours of disagreements with the natives, which your Lordship will be happy to find are altogether unfounded.

I have, &c.

(signed)   George Gipps.

COLONY OF NEW ZEALAND,   93

It might or   ' to your Excellency that these alarms having taken place no nearly simul-

taneously, some grounds. I feel assured they have not ; that the natives gene-

rally are not to us; but that disaffected white men, who as yet I have failed to detect, are endeavouring to

sow discord in the country, and part of their scheme is to create suspicion in the minds both of the natives and of the settlers.

I greatly regretly that I have it not in my power to place competent garrisons at the principal points where Europeans and established ; their presence alone would lie quite sufficient to restore confidence to all parties.

I have, &c.

His Excellency Sir George Gipps,   

(signed) IV. Hobson. Governor, Ate. &c.

— No. 18.

(No. 65.)

COPY of a DESPATCH from Governor Sir George Gipps to Lord John Russell.

Government House, Sydney,

My Lord,   7 March 1841.

I NAVE the honour to forward herewith a copy of a report made by Mr. Clarke, Protector of Aborigines in New Zealand, to the Lieutenant-governor of that colony, containing an account of a visit made by Mr. Clarke to the natives of the districts of time Thames and Waikatoo.

These districts comprehend, I believe, by far the largest block of land in New Zealand, that is in its whole extent fit for cultivation. Its length is said to be 100 miles, its breadth from 10 to 30, and its content is roughly estimated at about a million of acres. The existence of this large extent of available land was, I believe, one of the principal reasons which induced Captain Hobson to fix the seat of his Government in the estuary of the Thames.

I lament to find by the report of Mr. Clarke, that the minds of the natives in these districts have been worked upon by some designing and dissatisfied Europeans, so as to induce in them a distrust of the intentions of Her Majesty's Government. I concur with the Lieutenant-governor in thinking that means should be taken to counteras their machinations; and I have signified to him that I shall readily sanctieon whatever expenditure be may consider necessary for the purpose.

I have, &c.

(signed)   Geo. Gipps.

NEW
ZEALAND.

No. 18.

Governer Sir

George Gipps Lord John

7 March 1841

Report,

NEWZELAND.

No. 16.

John Russell

to Gov. Hobson.

3 August 1841.

NO. 17.

Governor Sir

George Gips to

Lord John Russell

5 March 1841.

16th Feb.1841

   NO 17

Enclosure in No. 17.

sir,   Government House, Russell, In February 1841,

I have    the honour to inform your Exellencey that on the 3d instant I returned from
Auchland, where during three weeks, I found ample. employment in hastening the prepares

for the reception of the Government offers,    and in establishing temporary offices

for carrying on the duties of Government. On the 13th instant I despatched by the the colonial secretary and the clerks of his department, and nearly all the Government stores that remained at this place. In a week, or at farthest in ten days, I will send up the colonial treasurer and his department, and in a fortnight after was

hope to be myself finaly established at the future capital of this colony

I was much gratified at the progress made by the workmen; the frame of Government-

as completed before I left, and the offices On one wing were then ready for occupstion

by my family, being\_ just, sufficent to afford them shelter until some of the rooms of Government-house are completed, and fit for their reception. A very considerable body of prisons bail then collected, and every day has been adding to their numbers; all to establish themselves thew, and are apparently much pleased with the position.

to my arrival considerable exeitement had prevailed, in consequence of a most absurd and unfounded report, that a large body of natives, of the Nga-te-pa-wa tribe had collected in the Island of Waikeke, with the intention of attacking the settlement ; that the had blok kaded themselves in their barracks, and the settlers and mechanics were formed into squads muder the Goverenment officers, for the purpose of defence. Before I reached Auckland it was discovered that the reports which caused the agitation had no foundatoin In fact, all the ferment had subsided. Soon after my arrival, a deputation from the suspted tribe walted on me, and denying any intention of molesting us, only seemed to recommuend themselves to my favourable consideration. A similar sensation had prevenled here,in my absencer, but not to the same extent.

Enclosure in No. 18.

PROTECTOR of ABORIGIN ES' REPORT of his Visit to the Thames and Waihato.

On the lath December I embarked in the 'Victoria brig, proceeding to the Thames, for the purpose of visiting the chiefs of that district, and as far as possible to counteract that ill feelings of the natives towards the Government, arising from their natural jealousy. and strengthened and encouraged by designing mens to describe the state of the country through which I might pass; and to treat with the natives for such portions of their land as they may be disposed to part with, and can conveniently spure.

On the 19th December, having received my instructions from his Excellency the Lieutenant-governor, I left Auckland, and proceeded to examine a small river called Wairoa, which forms the western boundary of Mr. Fairburn's land.

The river takes a southern direction, and is entered by the passage to the eastward of Waiheke, leaving the islands of Paheke and Motu Nau (islands purchased by the New Zealand Company) on the eastern side.

The river is navigable for small craft drawing six feet water for about eight or ten miles, for boats anti canoes about six or eight miles higher up. The land on the banks of the river in good, but confined, the back ground well wooded, on either side of which neat little farms of flow ea to too acres might be laid out.

A day's journey from where it is oacigable for boats, is a tract of good country offered by the natives to the f iovernment ; but it appears to me it would he some time before this

mace could be nettle available for the porpo,:es of Clovernment ; other positions or a ,wee Important and more inviting nature will no doubt first he occupied; yet in the course of a My few years this may he taken up ao n position with /Idea nbere ; it is coae.-ed with timber, and the land very good. The oily olueetions are the present difficulty or acve::::, 569.   and

Encl. in 18.

NEW

ZEALAND.

and lahour in clearing the land; if, however, the natives were disposed to part with land from the entrance of the river, the whole might be immediately located with advantage to settlers. I proceeded up the, river until it became so choked with timber, that it was dangerous for the beat to go further.

From Woiroa, I proceeded to Orere, a place on the western side of the Thames, where I met with Kahukoki, one of the principal chiefs of the Nga Ti Pawa tribe. He said that since he saw the Governor at Tamaki, in July last, he had heard from Europeans that in

the course of a very few years all those chiefs who had signed the treaty would be no better than slaves; they would soon be driven from the sea coast into the interior; while those who have refused to sign it, will maintain their independence and keep their land. I reminded him of the pledge given, both in the treaty, and in the circular addressed to him and others, and of the general character of these who were disseminating such poison amongst them, and prejudicing them against the Goverment. At Orere there is an extensive tract of good land, but not so much as a boat harbour about the place, and cannot be approached when the wind is strong from the north-east or east; it is, however, well adapted for natives and native culture; the natives on landing immediately up their canoes.

Orere is a stony, pebbly beach, about 10 miles below Wakatewai. At this place I took in a guide for Piako, and proceeded towards Wakatewai. The wind setting in strong from the south, obliged us to go on shore at a place called Waihopuhopa, about four miles below Wakatewai, where we spent the night with a large party of natives, who engaged us in conversation until midnight. We found them hospitable, for they supplied us with abundance of fish, but were very apprehensive, they said, as to what the Governor was about to do with them and their land. They were told that a large house (a prison) was to be built, in which they were to be contined, and they would soon become as dependent and degraded as the natives of New South Wales, many of whom they had seen on their visit to that country.

I told them that it was correct that we built prisons for bad men, and probably their advisers were apprehensive of becoming inmates of such a place. It was evident (I said) that the conduct of the natives was generally so good that they had nothing to apprehend on that head, for, with the exception of one ease, all who had been sent there were Europeans, from which circumstance, they would see how necessary it was that they should have a governor to protect them from the influence of such men.

They were pleased to learn that prisons were only wanted for Europeans.

From Waihopuhopa, we started at four o'clock in the morning, crossing the Thames from Wakatewai to the month of Piako. The ebbing tide obliged us to land at Kaweranga, on the east side, where we waited for the flood to enter Piako.

Before I leave the western side of the Thames, I wish to remark, that the whole of the land from Pakiki to Piako, (the island by Waihiki,) a distance of 30 miles, is in possession of the natives. The back ground is high, well timbered, and watered, There is a large portion of good land for farms of any size; it is, however, better calculated for native culture than European. In general, the land is capable of hearing three large crops of wheat, and in many places level enough for plough culture.

There are, however, no   harbours, not even for a boat ; but as the westerly and south-westerly winds mostly vessels may he off, and until the produce can be taken off tothem. The natives of Wakatewai, and indeed all the places where we stopped, had much to say as to the probable intentions of Government towards them. They observed they were to be put down, but the Governor and Europeans were to be exalted.

I had to employ all my aided by William Hau, a young chief, who accompained me from Waimate, to persuade them that their advisers had misrepresented the object of Government, as it was so contrary to all the assurances given them by his Excellency, not only in the treaty and circular addressed to them, but at all public meetings.

One of the chiefs replied that the Governor's book was very good, likewise his talk (korero) ; but they should watch his actions with some jealousy.

Another chief objected to their present position, because he said, that however good our present Governor might be, he had heard that in a few years they might expect another, who, perhaps, would not be so well disposed towards them; and then quickly round to me, he said, " What has that other man on the other side of the water to do with us ?" (meaning his Excellency Sir George Gipps,) "they had never seen him, nor he them, neither had he visited their country, yet they had beem given to understand that he and his committee" (meaning members of council) "were about taking their land from them" (meaning probably legislating for them). I satisfied them before I left, that they must have been misinformed, and that all land transactions would be conducted as that at the Weitemata, where a fair equivalent was given for all the Government was supplied with.

At four in the evening we entered the Piako with the flood, proceeded a few miles, when we brought up for the right.

The following morning at four o'clock we commenced our course up the Piako with the flood which for eight hours carried as up at the rate of about four miles an hour, through one continued course of the last four miles the banks of the river were and the land more solid, when at length we opened upon an immense Hat, extending as far as the eye could reach. There is, however, a large proportion of swamp in with this plain, and I must confess, I was somewhat disappointed at finding the banks of the river so low as render the immense swamp, from the entrance of Piako to this place, a distance of nearly to miles in the circuitous route of the river,

unavailable

unavailable for agricultural purposes, with the exception of one small place, about 10 miles front the entrance.

On the east sole there are two small branches from die Piako river, running south-east, one takes you nearly into the Thames, the other goes through the plain to Mata Meta; the one about 10 miles from the entrance, the other about 30.

Every winter the swamp from the entrance of Piako to the interior, for about 30 miles, is an inland sea, in which nothing but water and the tope of a few kahikatea trees are to be seen, with sailing in all directions over the expanse of water. The only place secure from these immdations is the little elevated spot on the east side, about 10 miles from the entrance of the river, which, in winter season becomes an island, and if a small town was built thereon, it would remind you of those on the Nile, at the time it overflows its banks. I see no probability of redeeming a country lying so low, and receiving such an immense body of water from the interior, with a channel of little more upon an average than 10 yards wide ; at any rate it must be many years before it can in any part be made available, and only then with the outlay of immense capital, and a redundant population.

About 30 miles from the mouth of the river you commence a large extent of country available for agricultural purposes.

The principal wood in the neighbourhood in the white pine (kahikatea), and in some places it would have to be carried a considerable distance.

Upon the western side of this river is the extensive purchase of Mr. Webster, who claims upwards of 40 miles frontage, two-thirds of which is unavailable, being swamp; the upper part is good, The depth of the river for about an miles up is not less than eight feet. I left Piako at five o'clock in the morning to return to the Thames, and after six hours pull, landed on a little eminence in the Piako river, and found it more extensive than I had expected ; several farms might be laid out, and a communication opened between them and the Thames, either by land or water.

After waiting for the tide for about two hours we made Kaweranga soon after sunset, and the following day, being Christmas day, remained quietly at the mission station, and early the following morning sent the government boat and boat's crew on to Anckland, having succeeded in procuring a boat from Mr. Preece, church mission station, to take me up the Thames on Monday next. In the meantime I visited the chiefs at Kaweranga, to correct the information generally in circulation amongst them, that the plans of Government are inimical to the welfare of the natives, and will ultimately prove the means of their destruction.

This principle seems deeply rooted and widely disseminated around, and time only will eradicate the feeling, the New Zealanders being a people who will be better convinced by practical illustrations of the intentions of Government, than by lengthened discussions. I have the promise from most of the chiefs that they will visit his Excellency when he is finally settled at Auckland.

Monday, 28th, commenced my survey up the Thames, that part of it known by the name of Waihou, accompanied by the principal chief Hou, to whom the land belongs. We made about 15 miles with the flood, when we went on shore at a native fort named Kari, opposite the land purchased by Dr. Martin and Mr. MCaskel.

The bunks of the river about here are not more than two and-a-half feet above the top of spring tides, which rise to six or eight feet, and at low winter there are not more than five or six feet over the flats. The soil is rich, and daring heavy rains in the winter season has been known at times to be flooded.

There is one great drawback to the immediate cultivation of the land, namely, that it is heavily timbered with kahikatea; it will require great labour to clear it, but being on the banks of a river, the timber might be available, either sawn on the spot or floated down in logs to any market in the Thames.

In the evening we went on shore at a native village belonging to a powerful chief, whose name is Taraia ; here the banks of the river are much higher, and secure from all floods. We were well received by Taraia, who had heard that I was deputed by the Governor to visit them, and disposed to purchase any of their lands they might feel free to give up.

The old man and for an hour to his people and visitors, not very sparingly, on the rank his family held; and told his people to be very careful how they parted with their land, and the necessity of demanding a large payment, not omitting to assure them that the whole of the Thames was tapu, or sacred land.

The conversation lasted until after midnight, when the old chief consented for us to proceed up the river to look at the land, assuring us that the Waihon river (the Thames) had always been held sacred, and that no one had dared to profane it by passing his residence to sell land, although attempts had been made by some of the Thames chiefs to introduce Europeans ; but all feared the notice of his masket and the keen edge of his hatchet.

Again have we had to labour against disadvantageous reports carefully circulated, and to assure the natives that His Excellency had the interests of the Pew Zealanders much at heart. After these assurances, Taraia arose and said, such a Governor as described was welcome; his land was waiting to receive him, and his river, which had hitherto been held sacred, was now open to receive him, or any person he might like to send; but he urged that Europeans should be immediately sent to take possession; he did not, he said, want missionaries nor native Europeans, but he wanted gentlemen and soldiers.

A native standing by asked the old man if he would not be afraid to see so many Europeans settled about him. He replied, " If I was a thief or a murderer I might ; but as I

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am neither, why should I fear ? Besides I am now disposed for peace; it would he well to

have some   to take care of me

" Mr. Clarke," said "urge the for to make tell him my father mid grandfather were both treacherously We never feared any man in battle; we were never cowards but they tell by and now that I am giving up war I shall fall

the some way, I have some soldiers. Tell him I must be allowed to exercise some influence ever my Own people; it they steal, I must punish them, That in all I hare to say to you. Go up my sacred river ; go where you like ; and let me know what the Governer says to my proposals. Remember I am a jealous and shall not forget rat description of the Governer and his intentions towards us."

Dec.29—From four clock in the morning until sunset we were pulling, up against the stream in fresh water. Landed in different parts of the river to ascertain the character of the country.

The is good, sufficiently elevated to he secure front floods; part wooded and part

clear, adapted for culture. The water at this season is very low, yet we had

about six feet during the day, and by calculation made about 20 miles.

This part of the river is by the we had to pull against the stream, running in west places three miles per hour.

I have seen a piece of land to-day on which pretty farms might not be made and out to great advantage.

The country being partially farming operations might immediately com

mence.

Dee. —At daylight we our course up the river Thames, commencing at the proposed northern boundary for the Government.
The river is here very circuitons, by its bends great facilities for fencing off

pretty   three sides being bounded and fenced by the river.

In a direct line we have not made more than ten miles daring the day, having had to

pull against a strong stream, carrying a depth of from five to six feet water; the river from 50 to 89 yards wide; from eight to twelve feet above the bed of the river, and with small woods of growing down to the water's edge ; soil from One to two feet deep at the banks ; light. No further Iahour to commence ploughing than burning off the fern. Cultivators would be spared the trouble of clearing off the heavy timber with which the first 30 40 miles of the Thames abounds; but it must he confessed the soil is not so good, and in some places barely sufficient timber on the spot foe

the use of a farm.

Dee. arst.—Commeuced my journey towards the Meta Meta, along the banks of the

Thames, at about 10 miles, to the southward of which a noted place called Waiharakoke,

the for the Government, and which by consent of the
Mate Meta and natives also forms their division of their country.

From to a principal branch of the Piako, is the proposed south for Government There are no cultivatious; parties having for years other are afraid to cultivate near the borders.

The proposed Government land is an immense tract of level country, varying in width from eight to ten miles, and in near 20 miles. The soil is light, varying in quality; upon the the river rich, further removed train the banks of an inferior quality. There is but very little of this large tract of country but might be cultivated ; even the

would admit of immediate use at a small expense, and if drained would afford the Were first of arable pasture land.

There is a want of timber in some part of the plain, but the country is so level as to admit of the timber or dray to take it to any part required.

Arrived at Mato Mata towards evening. Mata Math is about 16 miles from the landing place for the Thames.

Mata Mata settlement is in the midst of a large forest of kahikatea and rime, which been almost destroyed by it is by an immense swamp, the whole of which seems to me to be capable of easy thereby ereby rendering it by far the most valuable land on the place. These swamps are highly prized by the natives, on account of the air
with which they abetted ; and us they have abundance of besides this, it is an object. of interest to keep them, as such parties an not unacquainted with the art of draining; and when the subject is upon them they commonly Ray, " Shall we destroy our sheet we have plenty of besides this" The outlets to these swamps abound with small native sluices, where they put down their nets and catch abundance of eels after the.

heavy.

I should, in draining these swamps, commence cutting my main ditch from the into which smaller drains should he carried ; and I have no hesitation in saying, that this work would be accomplished at much expense than that of clearing the forest, the with the thrown out, forming the inelosures.

The chime of Mats Meta received me well, tendering me their best accommodations.

After adjustine my travelling accompaniments, and having had a little refreshment, I to listen, and answer the yarning reports in circulation respecting the Governor and his intentions, prefacing their remarks by saying they confided in me for a correct statement, and desiring that nothing should be from them. They had heard of the state of America, of New South and of many taken possession of by and they could not but be jealous the intentions of the British Government; they this district had the treaty, and these few only

on the good faith of the missionaries; the reason was, they were not, nor would they

They had by Europeans, who had already manifeated n different tone of feeling

towards them,at they were gentlemen no longer, that they were prohibited from selling

their land, except. to the Queen, and that very soon other laws would be in operation which

would make them no better than slaves ; that tine would not be accomplished all at once, but by degrees ; that governor would succeed governor, with new regulations, until the object was accomplished already they were called the slaves of the Queen, and were threatened with imprisonment if they, the Europeans, could not drive a good with them.

After a very long talk (korero) I was asked for my reply. I drew their attention to the general character of the Europeans, who appeared to me to have been their ill-advisers, and to the character of the British Government, which had pledged itself in their representative, the Governor, to secure to them all their rights and privileges, and had placed them upon die same footing, yea, a better one then myself.

If they were sloven, so was I: they by the treaty became British subjects, and entitled such to all the privileges. They had, on the one hand, the word and of in nation which prided itself on its honour and integrity,and on the other, the word of men whose designs were too evident to admit of a doubt. It was for them to say who deserved the most credit ; and as they lied appealed to me, I had no hesitation in saying, that I placed the most implicit confidence in the British Government, or they would not have

seen me as their protector, endeavouring to correct the errors into which they were likely to be led through misrepresentation ; end then appealed to them ea to what would have been the consequences had not the Queen sent out a Governor to protect them. They replied that they would have adopted their lawn to keep them, the Europeans, right.

I was seconded by my very valuable native, William Hau, who not only corroborated my statement, but added a great deal of his own.

The natives of Mete Mute had heard of the intention of the Governor to pay them a

• and expressed themselves very desirous of seeing him. As it respects the, general peace meeting, they said they had declined that owing to the of their crops, they not being able to entertain 3,000 or 4,000 people for a month, which according to native custom they must do. They wished the Governor to understand that they were at peace with the Thames natives ; but had no prospect of a pence with the Rotoroa unless something could be done respecting Moketia, the bone of contention, they were not willing to relinquish their claim to that place. They were apprehensive that the Government would find the Rotoroa natives, were he to visit them, a very rude tribe.

They had already affected to despise the Government, and had been made acquainted with the history of colonisation, and with the customs and wars of our country with other nations, and from thence justified their wars, requiring that no one would interfere with

them.

From Mate Mata I proceeded in a south-cast direction for a place called Maungatantau, continuing upon the same plain for about eight miles, when the country became more broken and sterile,presenting vast masses of pumice stone. This character of country is continued to the Horotu or Waikato River, the banks of which are very uninviting and unadapted for agricultural purposes. At one place I observed one vast jamb of sand, unit lees than 150 feet in depth, from which place this part of the river takes its name.

We crowed the Waikato river about en miles from Mats Mats, over a native bridge ; the stream rapid, deep, and at this particular place narrow, not so high up on

account of the falls, the source of the river, about Taupo. After leaving the banks of the Waikato, we entered a much better description of highland country, which centime's un- proving until you arrive at Maungatautau a large native residence, where there are several strong native pahe ; it is about 20 miles S.S. E. of Mata Mata.

The natives of this place are most of them professed Christians, and from a formidable, warlike people, are now become an industrious, peaceable community; must of them can read and write. Their intercourse with Europeans, from their inland situation, has been but little; they retain, therefore, much of their native simplicity and hospitality, softened end improved by their reception of Christianity. They are dependent on their pags, which

they rear in vast quantities, to supply them with garments, guns, and powder. My natives being very much galled by the heavy journey, and the weather being wet, en stopped at Maungatautau until Monday, when we had all opportunity of learning the general of the people respecting Government. They were not unacquainted with the general reports in circulation, lout were less clamorous than many of the natives we had met with

they were not, however, without their misgivings, and were very inquisitive as to the mate intentions of the Queen respecting their country. They had hitherto, they said been guided by the missionaries and should continue to be so until they had reasons to believe they had been misled by them ; then they would consider them as the authors of their

misfortunes, and accountable for all consequences.

They inquired after Kihi, the native who is in prison at Russell; Rome of them were relathins. All said him aentence just ; a murderer ought not to go unpunished.

Monday, 4th.—I left Maungatautau for a large native settlement near the Waipa, the principal branch of the Waikato, on which a great body of the Waikato natives are living, which place we reached in about in leave The country through which we was much better than tint on the other side; Maungatautau is a large open country, with a rich light soil. A few years ago the whole was covered welt timber,

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timber, a famine of that article most m a   cars ensure.

Several European traders in park are about this part of the country   

with Kawea and Wangaron, on the western coast about two day

from hence. Otawoa the country), is capable of supporting it large pupalation, and being generally level, is well adapted for culture with the plough ; and having water carriage to the spot, possesses faculities for taking the produce to Waikato; from there it might be transported to Maunkau by way of the Awaroa.

Otawao is about 120 miles from Waikato,   45 miles from Mata Mata, and about 60 miles

from the landing place up the.

The natives were anxious to known the object of my visit, and what dependence they ought to place on the reports in circulation. They had heard that his Excellency Sir Georg Gipps was legislating for them, and asked why were not his regulation, translated into native, that they might read and judge for themselves,

Were the English the only people interested in the laws he was making? Was the country his otherwise than by theft I had said that they were misled by designing men; "Let us see, let us are whether it is so or not," they replied, " we are now a reading people ; render Government acts and designs into native fair/y, and then we will think for ourselves for the future."

I endeavoured to appease the minds of the natives, who were evidently a good deal excited, and assured them that the Governer had given publicity to his intentions at all public, in the circular, and in the treaty itself, and that one especial object

was the protection of the natives. One fellow artfully replied, " Does be (Sir George Gipps) hive us more than his own countrymen !“ observing that if Europeans' land was to be taken from them, was theirs only to be saved! In their present excited state I found it

would be improdent to say anything in them about purchasing land, but inquired what

purchases had been made by Europeans, and learnt that nothing had been sold, save a few hundred acres to a man by the name of Turner, who has been living some years with a wife on the Watpa.

I inquired how and where they had get their information respecting what was doing on the other side of the water; they told me it was from Europeans and from "Rewa," and that they were advised by his not to sell their land to Government.

After hiring a canon we pulled from a little below Maungapowri, and spent the greater part of the next day in exploring this part of the country, which we found rich and well calculated for farms in any extent. Natives are living scattered on the banks of the river, cultivating here and there a portion of the rich soil. On the 6th we continued our course down the Waipa, landing at different places to examine the country and to speak to the natives.

We a step that. did not us ; the soil good, the banks of the river

high, interspersed with wonds of.   The river is from so to no yards wide, and

about eight feet deep, a   gentle stream sweeping us along at about two and a half miles as

hour. Here the banks of the river were covered with wild-ducks About fifty miles from Maungapami we the Warkate, at a place called Ngaruwaki, the Waipa being only a branch of the Waikata. From Ngaruwaki the river widens from half a Mile to a mile, about 10 miles below which it becomes studded with islands; shoally at places, scareely

admitting a boat   over them: the water, however, is exceedingly low just now.

We went on shore for the night at a place called Pukatia, about 25 miles below, near which, is a Iake called Waken, entered by a narrow stream from the north-east side of the Waikato river, about seven miles long and two wide, and, according to native report, has a suberraneous commnication with the Thames. The middle of the lake is salt, and abounds with the salt-water mullet. At Pukitea I had a

grand meeting with the natives, who me on every side, calling for explanations. A Mr. Marshall had assured them that they and their country were sold to Government; they did not like the treachery of the British Government. If they wished to take their country, why not do it openly, they would then know how to act; but for the paltry consideration of 13 blankets to a present of 13 blankets sent by his Excel-

lency) had they been to sell their country.   " Mr. Manusel," said another, "has

sold us and our country ; Mr. Marshall says so, and he must answer for his conduct."
a great deal of clamour from different parties I was promotted to speak on behalf of

Government and of Mr. Manusel also.

They had, I said, in their hands the magna charta of the country, steering to them everything which would make them respected. Their land and everything they had was there ow n, and no one could possess themselves of an of it without their consent.

England I said, abborned slavery, and would treat with them, and act towards them with a

integrity as free men.   I again adverted to the more than probable disaster in
which they must have been involved had not the Governor been sent to protect them; and

that, as other nations were not unmindful of the country, they themselves being hensive   of their designs to colonise it, measures far less humane would then have followed

in the train of their colounsation, and to them would have ensured their

"No," they replied, " a New Zealander glores in dying fighting, and if the French (for they were alluding to them) had only honestly avowed their intentions, though we in the end might he overpowered, yet we would rather die fighting than be made

slaves, or suffer our comunity to be taken us: we fear nothing so much as treachery

and slavery."

I assured

I assured them itimately they would not have to regret the establishment humane government them, and begged that they would suspend their judgm and avoid harsh expressions, until circumstances arose to justify them ; and even then, whatever the grievance, or supposed grievance, might be, to present them unaccompanied with that temper and clamour with which our present conversation was conducted. William Hau again made his remarks, telling them that they had nut seen so much of the Governor as he had ; and for want of better knowing him they made their several remarks. They had known the missionaries some years; they had not yet disappointed them. Mr. Maunsel had never intended the blankets otherwise than as presents to the chiefs ; at any rate sit quietly until you see your land taken, and your fathers and your children killed, then you will have cause for complaint. With this we hardly quieted the natives, who, although so late, wanted to have more ' kororo.'

We left Pakelia soon after sunrise, pulling down the river, assisted by the stream, at the rate of four miles an hour. This part of the river is beautifully studded with islands, most of which are heavily timbered, and several of them large. They were, however, low, and must be under water in heavy floods.

In about eight hours we reached the Rev. R. Maunsell's, one of the church mission

stations, where we spent the following day.

The Waikato district is very extensive, not less than 130 miles from the mouth of the river to the upper part of Wmpa, to which place it is navigable for boats and canoes. The water is perfectly fresh to within eight or ten miles of the Heads, and but slightly influenced by tide, more than 20 miles up; not more than six feet water on the bar at low water; a miserable entrance, and at all hazardous, and a number of shoals in the river. Small craft drawing from five to six feet water, by keeping the channel, May go too miles up the river ; a large proportion of the country is good ; the first 40 miles well wooded, but low ; the upper part is also well supplied with wood, and well adapted for farming establishments to almost any extent.

From Waikato to Maunkou, where the news reached us of a massacre having taken place in the Bay of Islands.

The Rev. H, Williams, C. M. S., the military, and others, had fallen victims. It was represented that an attack was also contemplated upon Auckland ; the place was being fortified, and all were in an attitude of defence. The whole tale seemed so very improbable that myself and naitives that were with me did not hesitate pronouncing the whole a fabrication, and when we reached Maunkau, a church mission station, We found that though such

a report had been carefully circulated by two Europeans from Wakeko, and considerable alarm given thereby at Auckland, that it was altogether without foundation, and was eventually contradicted by the arrival of a small schooner from the Bay of Islands. The following day I met Davis, and other chiefs, who carefully detailed all the consternation, with the formidable preparations they were making at Auckland, the narrow escape of the Government horses, and Captain Symond's boat, and boat's crew, from the military and armed mechanics, the mighty parade of officers, the watchword of sentinels, and above all the ludicrous appearance of Pa Kaiko (Cask Fort.) I could searcely refrain from laughing at the native recital, and at the gravity of some of the chiefs, who with me were listeners and won seriously told by them that the preparations that were making to quarrel with them ought not to be so lightly treated ; that I ought to ask the Governor if he really wished to quarrel with them; they were apprehensive he was seeking some pretext. They would not, they said, begin the quarrel ; but what were they to do when they saw their countrymen fall. They were more jealous than ever that some evil was lurking behind for them. The

Governor was evidently losing confidence, an were they, for they had heard it was contentplated to stop the sale of guns and powder. " If this is a fact, what do you think must be our thoughts upon the matter? Does the Governor wish us to be friendly ? Tell him, then, never to make such a negotiation as to stop the sale of guns and powder."

replied that I had no doubt but that the Governor was as unacquainted with the whole of the grave matter at Auckland as I was. Again, I assured them he had always shown a friendly feeling towards them, and would continue so to do while they conducted themselves friendly to him. I had never myself seen such a notice as they named, namely, that the Europeans were not to sell and powder, and that I did not think there was such a thing in existence. I advised them to be more temperate in their expressions, and to conduct themselves with propriety, and they had nothing to apprehend.

I retuned to Auckland after an absence of a month from thence ; visited Kalmkott at Wahike, who said he could not sell the land about Ramaki until he had consulted with some of his friends on the other side of the names, and that he intended making a reserve there of land for himself.

I left Auckland to return to the Gay of Islands on the 21st January, arrived on the 26th.

Remarks,

From the outlines of my visit his Excellency will at once perceive the necessity of approved officers being stationed so as to visit the natives, to correct evil disseminations and misapprehensions arising therefrom ; it is of the greatest importance that such officeres should be of strictly moral habits, acquainted with the native language, and deeply interested in the social and moral welfare of the natives. They must also have the confidence of the natives as well as of the government. The New Zealanders are jealous of their liberty, us well no of their lands ; they see them intimately connected, and they are carefully watching and

comparing every public act, deducing from thence positive conclusions to the of

509.   conduct

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COLONY OF NEW ZEALAND.   101

authorized in   way to interfere with the New Zealand Land Company, or with settlers elauning under them.

My own measures in regard to the Company were reported in the despatches marked and dated as follow : No. 130, 12th Sept. 1840; No. 147, 6th Oct. 1840 No. 172, 29th Oct. 1840; No. 27, 29th Jan 1841.

I have, &c.

(signed)   Geo. Gipps.

No, 20.

Sir Geo. Gipps to

            Lord John Russell,

Government House,    Sydney, 28 March Russell,

28 March 1841.

I TRANSMIT herewith copies of documents, tending to show the intemperate haste with which the Company's settlers at Port Nicholson are ready to essail the government of Captain Hobson.

By these papers your Lordship will perceive that the company's settlers, though they have themselves obtained the whole of their own projected town, at the rate of 17. per acre, call in question the integrity of an arrangement, by which about half-a-dozen officers of government have been allowed to take each an allotment in the projected town of Auckland, at a rate which cannot possibly be less than 80/

per acre.

The complainants appear not to have been aware that the arrangement in question was sanctioned by myself.

The rate at which the officers are to pay for their allotments is the average obtained at auction for lots in their immediate vicinity, and in authorizing the arrangements, I expressly declared, that if a selection were made by any officer of an allotment of more than ordinary value, I would not confirm to him the possession of it.

— No. 20. —

(Sepnrate, No. 2.)

EXTRACT of a DESPATCH from Governor Sir George Gipps to

Lord John Russell.

10 Feb 1841.

Enclosure in No. 20.

This Excellency Sir George Gipps, &c. &c. &c.

Wellington, Port Nicholson, New Zealand,

May it please your Excellency,   10 February 1841.

We, the undersigned, settlers in New Zealand, and intending purchasers of town Iands in the township of Auckland, in New Zealand, beg to call the attention of yonr Excellency to certain proceedings counected with the proposed disposal of Iand in that township, deeply affecting our interests as well as those of the public,

By the government advertisment for the sale of town lands at Aucklund, it was stated that sections Nos. 3, 4, 7, 8, 16, 17. would be exposed to sale by auction; but we have since learned that severall allotments, comprising some of time most valuable lands in the township, have been reserved from such sale, and appropriated for the benefit of the subordinate officers of the government, and that these sections are to be paid for, not according to the price which even some of the less valuable Iots in their vicinity might command, but at the average price of half the town sections, and that a credit is to be allowed for the payment of the purchase-money until the sale of half the town.

We need nut, in addressing your Excellency, dwell upon the injustice of such an arrangement, the loss to the public revenue, the wrong done to fide purchasers, and the injury to the character of the government by which such measures have been proposed or sanctioned ; but we may venture to say, that such a proceeding is not less opposed to the instructions of her Majesty for the disposal of the Crown lands, than unprecedented in the history of neighbouring colonies. We could at first scarcely believe that such a proceeding could be contemplated, since we are assured that there is no one ground, either of policy or justice, upon which it con be defended.

We, however, rely with confidence upon the known character of your Excellency to free the government from the odimn, and ourselves front ths injustice, of such a measure, by instituting immediate inquiry into the subject, and by suspending the sale until such arrangements may have been made as will secure to the public the great benefit of open competition with regard to all the lands in that township.

We have, &c.

(signed)   Ridgways, Gayton, & Earp,

And 25 other gentlemen.

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End. in No, 20.

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For Sir G. Gippe's

No, 130 and

147, Papers relative to

New Zealand

ordered by the House

of Commons to be

Printed, 11 May 1841, No, 311 PP 79 and 128,

For No. 172 and 27, said

PP. 71 and 78 of this

volume.

No. 19.

sir Geo. Gipps to

L.aud John Russell,

28 March 1841.

No. 152,

9 Oct. 1840

No 175.

100   CORRESPONDENCE RESPECTING THE

conduct that will be pursued towards   They cannot comprehend how that
measures so bealing and lement can be shown to them as towards Englishmen.

The tone of feeling manifested towards them by Englishmen, since the establishment of government, has not escaped their they are continually threatened with complaints, and assured that coercive measures will follow these complaints; from, and from the

usage,several very serious quarrels would taken place, but for kind interference of

Europeans; and here I would suggest that Europeans should be cautioned, not only to withhold their threat, but from for protection from government, white they continue the provoking first transgressors.

It will not escape his Excellency's notice, that incorrect (probably so) statements of government Acts of Legislative Council, remarks in newspaper, respecting the country, have given rise to much, of the present angry feeling and opposition apparent amongst the natives.

They cannot imagine why the government should keep them ignorant of thew acts, and cannot but view those as friends who communicale them. They have repeatedly required that publicity should be given to everything done in whirl they are so deeply interested.

it is impossible to keep them of the posing events of the day, and it would be much safer to pass them through the of goverment than a the garbled state they

must meet their ears. from people not only very partially with the language, but

in many casts to the government The rapid the natives are making in civilization will appear not only from the extent of their cultivations, but from the fact,

that there was scarce a village through which we passed that had not its village school and in every place the sanctity of the Sabbath strictly observed. There is a thirst for rending, and continued applications for books. In the Thames and Wackald there are

thousand native who can and are being taught to read and write Great crimes

are heard of but from among those who to their native and

then Wars have generally and cannibalism is spoken of with abhorrence.
The very Intelligent remarks that are continually made, slow them to be a people for

removed from that barbarism which interested and have represented them to he in, and in which it might be convenient to place them. Their sober, orderly, respectful, and faithful habits too plainly show that there is more excellence in them than there is to he found in the bulk of our own countrymen. I would not here be understood to be

my is to correct a prevailing error arising from ignorance of the language and

of the natives in this remark, and to prevent a growing disgust in my countrymen to the of this country, who are capable of high moral and intellectual The apprehensions of the natives as to the future are too apparent from every communication and converse held with them.

One rash, step, and the whole country is involved in trouble and ruin ; conci-

liatory such as have happily marked the first year of his Excellency's government, and lasting and a most part of the community secured, not only from run but to the British Government: and though it cannot be hid from his

Excellency that the seeds of discord have and are being sown among the natives, yet it is

a real pleasure to that they have their best in the peaceable lives of their Christian in the practical lessons they are duly inculcating, and above all is the high, honourable, and humane principles on which Her Majesty's Government

and purposes continuing the colonization of New Zealand.

The &c. &c. &c.   (signed)   Grorge Clarke, P.A.
New Zealand.

— No.19—

(No. 82.)

COPY of a DESPATCH front Governor Sir Georqe Gipps to Lord John Russell.

Government House, Sydney,

My Lord,   28 March 1841.

I HAD the honour to rector yesterday, by the ordinary post, your Lordship's despatch of the 21st November 1840, No. 174, directing me to defer, until I

receive further orders, the execution of any powers which I may have derived under the Act of Council, passed in this colony in July Iast, for the investigation of claims to grants of land in New Zealand.

The extent to which I have already acted, in pursuance of the powers vested in me by that Act, have been reported to your Lordship in the despatches marked in the margin.

The Commissioners are now employed in New Zealand in the investigation of claims, but I hove not yet received any reports from them; and I beg to state that it never was my intention to confirm any of their reports, or execute any deed for land in New Zealand, until the Act of Council referred to should have been by Her Majesty's approval.

I also to inform your Lordship that the Commissioner have not been authorized

NEW ZEALAND

10   FURIHER PAPERS RELATIVE TO THE

claimant. (Compare the printed claim in " Government Gazette,' 12th Apri11843.) If then a false recital—a direct and distinct statement of matter not true—does not render a grant void, provided the grantee be blameless ; neither can such an effect be given to a false description, incidentally introduced and capable of being rejected without impairing or affecting the force or operation of the sentence of which it forms a part. Moreover, it has been very fairly urged by the learned counsel for the defendant, that this is not strictly to be called even a description but rather an allegation of common report and repute as to the description. The words are, " said to contain 2,560 acres, more or less." It is true that the variance, in this case, between the supposed extent and the real extent is very considerable. But it has never been laid down that such a variance is fatal to a grant, even where the error has been matter of distinct and positive averment on the face of the grant. The legal test is to be found not in the largness of the error, but in the source of it ; or, in other words, in the answer to the question whether the misstatement proceeded from the mistake of the grantor or from the suggestion or fraud of the grantee.

Upon the whole then I conclude, that the reasons urged on behalf of the Crown against the validity of this grant are insufficient in law ; and that the same is a good and valid conveyance from the Crown to Beattie and his heirs, not of 2,560 acres only, but of the whole island of Kawau.

Judgment of Mr. Justice Chapman.—The Queen v. Taylor.

This is a suit upon a writ of scire facias, brought by the Attorney-General against the defendant, to annul a grant made under the colonial seal to one James Forbes Beattie (from whom the defendant deduces his title) in July 1844, aad witnessed by the late governor, Robert Fitz Roy, Esq.

It appears by the pleadings that the land, which is the subject of the grant, being the island of Kawau, was claimed by the said James Forbes Beattie, of Sydney, as having been purchased by him from the native owners "before the proclamation of the Queen's sovereignty over these islands." In due time Mr. Beattie preferred his claim in accordance with the provisions of the Land Claims Ordinance (4 Vic. No. 2). The claim was referred by the governor, under Land Claims Ordinance, 5 Vic. No. 14, to Mr. Commissioner Godfrey, who on the 1st day of July 1843, reported as follows : " No grant of the above described land can be recommended to the claimant." To this report a note of explanation is appended, to the effect that the usual compensation is not awarded, "as it is very evident that no real purchase was made from the natives until the last payment on the 3rd March 1841 took place." This report was afterwards confirmed by Mr. Shortland, the officer administering the Government, and the confirmation was announced in the official Gazette of the 25th day of October 18-13. In December 1843, his Excellency Captain FitzRoy assumed the Government; in the following year Mr. Beattie's claim was re-opened ; and without any further reference to or report by any commissioner so far as appears, on the 15th July 18-14 a Crown grant of the whole of the island of Kawau was issued to the claimant under the public seal of the colony. This instrument recites that, " Whereas one of our commissioners appointed to hear, examine, and report upon claims to land obtained by purchase from the aboriginal inhabitants of the colony of New Zealand, has reported that James Forbes Beattie, of Sydney, is entitled to receive a grant of (2,560) two thousand five hundred and sixty acres of land particularly mentioned and described in claim No. 445 of James Forbes Beattie."

The operative part of the grant is as follows Now know ye that we, of our special grace, for us our heirs and successors, do hereby grant unto the said James Forbes Beattie, his heirs and assigns, all that allotment or parcel of land in our said territory, said to contain 2,560 acres more or less, situated in the gulph of Hauraki, and of which the boundaries are reported to be as follows : being the island of Kawau, in the frith of the Thames or gulph of Hauraki, and lying abreast of Tawaranui."

The declaration, after tracing a title from the grantee to the present defendant, proceeds to state the grounds on which it is sought to avoid the grant in the following terms

"1. Because the said grant was made contrary to the said commissioner's report, made and confirmed as aforesaid, and (contrary) to the provisions of the aforesaid Ordinances.

"2. Because, at the date of the said grant, Governor FitzRoy had no power or authority to make a valid grant of the said island of Kawau to the said James Forbes Beattie and his heirs, in manner and for the considerations in the said grant set forth and described.

" 3. Because the said grant is not a good grant of the whole of the island of Kawau to the said James Forbes Beattie and his heirs, the said island containing, in fact, 4,630 acres or thereabouts, and the said James Forbes Beattie being in the recital of the said grant alleged to be entitled to receive 2,560 acres, and the said island being stated in the said grant to be said to contain 2,560 acres, more or less."

To the sufficiency of all that is averred in the declaration to avoid this grant the defendant has demurred, contending in effect that the power of the late governor to make the grant in question was not restricted, either by any direction in the said Ordinance binding on the com missioners, or by any other clause ; and that the grant conveying specifically "the island of Kawau" ought not to be defeated, either by the recital or by the words "said to contain 2,560 acres, more or less."

It is impossible to approach this anomalous case, even aided by all the light thrown upon it by the learned counsel, without feeling painfully embarrassed by the irregularities which pervade it, as disclosed by the pleadings as well as by the deed of grant itself. With some of these irregularities we have nothing to do and as some points have been brought forward in argument which are not raised upon the record, it may be useful, and is perhaps even

APPALS OF NEW ZEALAND.   11

NEW ZEALAND.

necessary, to dear away those points before we can determine on what grounds the judgment of the Court ought to rest.

In the first place it must be taken to be assumed on the record that, in spite of the mere opinion of the commissioner, the purchase of the island was in fact made before the proclamation of the Queen's sovereignty in and over these islands. The claim of James Forbes Beattie is mentioned in the declaration without any averment, that the allegation of a purchase amounts to a false suggestion, capable of invaliding the grant. The deed of grant bears upon its face that it is for an "original claim ;" and if it had been intended to impeach it on the ground that there was no valid purchase, or that any other suggestion of the grantee was false in fact, so as to show deceit, I think both on principle and authority it should have been so stated in the writ and declaration. The deed of grant being rant bein regular in form, any matter of

fact intended to be relied on to defeat it should be averred in the declaration, in such a way as to enable the defendant either to demur to its sufficiency or to traverse it. This obvious principle is applied to this class of actions by a case in Dyer : " Where the scire facias," he reports, "issues at the suit of the king, the cause of forfeiture is mentioned in the writ. (which the declaration follows), but not so in other scire facies issued by one patentee against another. (Anon. Dy. 198 b. pl. 50.) Since Sir J. Dyer's time the beneficial part of this rule has certainly not been narrowed, for in the modem precedents of writs by patentee v. patentee, the causes of forfeiture are set out. I think, therefore, we ought not to embarrass ourselves with the correctness or incorrectness of Mr. Commissioner Godfrey's opinion (a mixed question of law and fact), but must take it to be admitted upon the record that the purchase was good, so as to operate to the complete extinguishment of the native title in the Crown's favour, in January 1840, though parts of the purchase-money may have been paid subsequently to the change of ownership.

In like manner we must exclude from our consideration the obviously false recital, that the commissioner's report was in favour of a grant, whereas in fact it was against it. In this colony the grantee does not prepare his own deed of grant. He makes his claim or effects his purchase as the case may be, and after a time it is announced to him that his deed of grant is ready to be delivered to him. He is throughout a mere passive recipient of the instrument. The deed of grant is wholly prepared by an officer of the Government; it is even on a printed form. What the grantee is alone answerable for is the perfect truth of his notice of claim, which is imported into the deed of grant by a number of reference. The other recitals, not being the grantee's,being made without his privity, and not even within his power of correction, if faulty, come within those " mistakes in the Crown's own affirmation or surmises " which are held not to avoid a grant; and not within those " false suggestions of the grantee" which are fatal, as showing deceit. As to this clear distinction it is unnecessary to repeat what was said in Clarke's case by his Honor, or by myself in McDonald's case; it will be enough to refer to Rex et Regina v. Kempe, 12 Mod. 70, Viner's Abr. xviii. Prerog. O. b., and Gledstanes v. the Earl of Sandwich, 4 Mann. and Gr. 995, as cited by his Honor in Clarke's case.

Another point contended for by the learned Attorney-General in argument, but not raised upon the record, is that the power of the governor is altogether limited or restricted by the Land Sales Act, 5 and 6 Vic. c. 36, which at the date of the grant was in force in the colony. No doubt this doctrine was correct so long as the statute was in force, but it cannot new be taken advantage of. So long as the act in question was law within the colony, it hovered over every grant of the Crown, ready to invalidate such as were not in conformity with is provisions, or were not within the saving of the 20th section, i.e., were not in purseance of some previous " contract, promise, or engagement" made with the grantee, or with some assignable class of persons to which the grantee belonged. As to the class of land purchasers before the proclamation of the Queen's sovereignty, the " contract, promise, or engagement" made with and to them, is to be sought for, as I apprehend, in the Land Claims Ordinance, 4 Vic., No. 2 (or for a limited period in the Laud Claims Ordinance, 5 Vie., No. 14).

Hence, assuming that the Crown was wholly unrestrained by the terms of the two Ordinances, yet so long as the Land Sales Act (5 and 6 Vic. c. 36) was law, any departure from the " contract, promise, or engagement" made with or to the "original land claimants," and protected by the 20th section of the statute, would bring the ease within the invalidating operation of its provisions. But the Land Sales Act is law no longer. By the 9th and 10th Vic., c. 104, sec. 11, it is enacted, " that from and after the passing of this Act, the said recited Act (5 and 6 Vic., c. 36) shall not apply to land situate in the colony of New Zealand," This takes away the invalidating effect of the statute, from and after the 28th August 1846, though the Court had not cognizance of the repealing Act until some months later.

This repealing clause is followed by a proviso, which keeps alive the Act for the purpose of validating anything done under it ; but all its restraining and invalidating force ceased from the date of the new enactment, from which time its provisions, as well as those of the 5 and 6 Vic., c. 36, are specifically confined to New South Wales, South Australia, and Western Australia. Even without express words of repeal, an Act which limits and restrains the rights of the Queen is always held to he repealed by the passing of another Act on the same subject matter, unless the limiting or restraining words are re-enacted in the new statute. (Attorney-General v. Newman, 1 Price 438; A. G. v. Le Marchant, 2 T. R. 201, n).

The effect of repealing a statute is thus broadly laid down by Tindal, C. J., in Kaye v. Goodwin, 6 Bing. 583. " I take the effect of repealing a statute to be to obliterate it as completely from the records of the Parliament as if it had never passed, and it must be considered as a law that never existed—except for the purpose of those actions commenced, prosecuted, and concluded whilst it was an existing law." The language of Lord Tenterden in Surtees v. Ellison, as well as that of Parke, B., in Steavenson v. Olliver, is to the same effect This

12   FURTHER PAPERS RELATIVE TO THE

NEW ZEALAND

rule has been applied by the Courts to a vast number of dissimilar cases. In Miller's case

1 W. Bl. 451, it was held that a proceeding, commenced under an insolvent act, but not completed at the time of its repeal, could not be continued after such repeal. So in the case of the Bankrupt Act, 6 Geo. IV. c. 16, which repealed all former Acts, and contained no continuing clause, it was held that an act of bankruptey committed under the former Acts would not support a commission under the new statute, and that no proceeding under the old Acts could be continued or acted upon after their repeal ; and in one case even enrolment of completed

proceedings, merely so as to make them evidence, was refused. (Surtees v. Ellison, 9 13. and C., 750; Phillipps v. Hopwood, 10 B. and C., 39 ; Maggs v. Hunt, 4 Bing. 212 ; Kaye t. Goodwin, 6 Bing., 576; Worth v. Budd, 2 B. and Ad., 172.) The rule has been appleded a felony at common law, made liable to an aggravated punishment by an Act of Parliament ; which last punishment, it was held by all the judges, could not be inflicted after the repeal of the Act, though the offence was committed while it was in force. (R. v. McKenzie, R. and R.'s C. C., 429.) The Court of Exchequer also refused an application for costs upon certain proceedings, under a statute repealed after the proceedings were had, but before the application (Charrington v. Meatheringham, 2 M. and W., 228; and Warne v. Beresford, 2 M. and W., 848). Most of the cases where the rule has been applied, are reviewed by the Court of Queen's Bench in the Queen v. Inhabitants of Mawgan, 8 Ad. and Ell., 496, in which case the Court arrested judgment in certain proceedings against the defendants for the non-repair of a highway under an Act of Parliament, the Act having been repealed pending the proceedings.

There are two cases coming within quite another class, which engraft an apparent exception upon this rule ; but they scarcely amount to what a very able writer has called "an opposing stream strong enough to stem the older currents (of cases that for years have flowed on in a particular direction), and to make it doubtful what direction they (the cases) will hereafter take." (Ram. Assets, Pref. v.) The cases I allude to relate to certain illegal contracts, contrary to the provisions of certain statutes against gambling and usury, in which statutes such contracts are declared to be absolutely void. Such void contracts (generally made so for the protection of the unwary against the crafty and designing), are not set up and made valid by the subsequent repeal of the Acts making them void. Such contracts are treated as nullities from the beginning. (Jacques v. Withy, 1 H. Bl. 6.5, and Hitchcock v. Way, 6 Ad. and Ell., 943.) In the first of these cases this distinction was taken: that though the contract once void remained for ever void, yet the penalty against the wrong doer could not be inflicted after the repeal of the statute. And Lord Abinger has since recognized this distinction in more general terms, by intimating that a right to protection under a statute may be continued after its repeal, though all penal consequences cease. (Charrington v. Meatheringham, 2 M. and W., 228.) And even Hitchcock v. Way limits Jacques v. Withy in this, " that the law as it existed at the time the action commenced, must decide the rights of the parties to the suit, unless the Legislature express a clear intention to vary the relations of the parties to each other." (Per Lord Denman, C. J.) It would seem, therefore, that even if beneficial provisions may be kept alive after the repeal of a statute, though only by an action commenced before the repeal, yet all penal consequences cease by such repeal at any moment before final judgment. After carefully considering the effect of these two cases in modifying the general rule, I cannot discover that they have anything in common with the case before us. They both disclose an illegal contract, which under a statute was void from the beginning—a mere nullity which the Courts could not lend their aid to set up anew. Whereas the present grant is good upon its face, and ejectment against a wrong doer might have been brought upon the title it discloses. Voidable perhaps it might have been, but not primâ facie void; and until formally cancelled and vacated by a judgment upon scire facias it remains good. This suit, therefore, is not to set up, and will not have the effect of setting up, a contract originally and incurably void, but is to procure a forfeiture of an instrument primâ facie good and valid, and is. more analogous to a penal proceeding than the two cases I have thought it necessary to examine. I would further observe that the language of the repealing clause in the 9 and 10 Vic., c. 104, is even more sweeping than a simple enactment of repeal. It is enacted not merely that the 5 and 6 Vic., c. 36, shall no longer be applicable to sales of land, but that it " shall not be applied to land situate in the colony of New Zealand." I think, therefore, we are now precluded from looking at the repealed Act, though we must undoubtedly have done so before the 26th of August 1846, and possibly might have done so had this writ been sued out before that day, but even this I doubt. I therefore state the effect of repealing the 5 and 6 Vic., c. 36, thus: That except as to rights acquired, things done and completed, and suit, commenced and concluded (or perhaps under Lord Denman's dictum commenced only) under it, between 22nd November 1842 and 28th August 1846, and except also as to the validating effect of the proviso, the Act must be considered to be as effectually swept away as if it had never had any existence: and this even if the declaration had contained a count formally raising the point upon the record, as was done in Whitaker's case, but is not done here.

Another point taken by the learned Attorney-General in argument relates to the supposed effect of royal instructions in modifying or limiting the power and authority of the governor under the Charter of 1840. The distinction taken by hint is certainly ingenious and may hereafter require careful consideration at our hands; but, although important and interesting as a general principle of colonial law, it does not come into question upon this record. The grant is not sought to be set aside on (the ground that it is contrary to any such instruction. To raise the point, the instruction should be pleaded according to its supposed legal effect ; and unless admitted as so pleaded by demurrer, would require strict legal proof. This might be a matter of some difficulty. Not being of record, we could not get the instruction Court Court by The same means as are available in the case of instruments duly recorded. The

AFFAIRS OF NEW ZEALAND.   13

NEW ZEALAND.

parliamentary papers are certainly not evidence for the purpose. The governor has the sole custody of and control over instructions addressed to himself. Can we bring a governor into Court for the purpose? If once in Court, can we or any other Court compel him to disclose a state paper of this nature? (Wyatt v. Gore, Holt, N. P. C. 299; Cook v. Maxwell, 2 Stark, 183; Home v. Bentinck, 2 B. and B. 138; Anderson v. Hamilton, 2 B. and B. 156; and, as to the United States, see Greenleaf, Evid., 286). If we cannot aid a suitor against the Crown in this behalf, how can we make it available in the Crown's favour ?—in other words, would any one of the Courts of Westminster permit on one side, what it could not enforce on the other ? These and other questions which must occur to every lawyer shadow forth practical difficulties, apart from those substantive objections which arise from the legal character and force of the instrument. The whole question will merit the most scrupulous and careful investigation on principle and authority, whenever it may arise, and it is one on which it would be most useful to obtain the decision of the highest Court of Appeal.

The questions then to which we are confined, as being those alone which are raised upon the record, relate, 1st, to the power and authority of his Excellency Governor FitzRoy to execute a grant of the whole island of Kawau, containing 4,630 acres, to James Forbes Beattie, in July 1844, under the Charter of 1840, and the Land Claims' Ordinances ; and 2nd, supposing the grant to be within the governor's authority. does the misdescription of quantity vitiate it, either wholly or in part.

The narrowest interpretation of the governor's power and authority is that involved in the first issue, namely, that be had no power to make a grant which was not previously recommended by a commissioner ; in other words, that the governor is bound 'by the restrictions which the Land Claims' Ordinance imposes on the commissioners, and that the commissioner having reported that "no grant could be recommended," the governor's grant. contrary to that recommendation, ought to be annulled.

This view of the limited authority of the governor I think untenable in point of law, and for the reasons stated in " the Queen v. George Clarke." The granting power is part of the royal prerogative lawfully delegated to the governor. The office of governor is in principle precisely analogous to that of Lord Lieutenant of Ireland ; whose powers have always been regarded in that light.—(Jenk. 171.) So also have the powers of colonial governors.—(Chit. Prerog. Stokes, 195; Chalm. Opin. vol. i. 100, 233, 241, 316.) This is clearly the only ground on which the colonial Courts can examine any question affecting the governor's authority, or assert any one principle applicable thereto. The nature of the act (of pardoning, or granting land, for instance,) is in nowise changed by delegation. It seems formerly to have been considered that, within the realm of England, the power of executing any portion of the prerogative was incommunicable by the king to the subject. But this rule could never have been applied to any foreign possession of the Crown, or to distant places. In the case of ambassadors, a delegation of the prerogatives must have been necessary and in established practice, almost beyond the time of historical, not to say legal, memory. And when Ireland became annexed to the Crown we find the point early raised and decided, that as to certain prerogative powers. such as the power of pardoning even treasons, of making knights, &c., in the name of the king, there was a good delegation and exercise of the royal prerogative. "The distance of place and sudden occasion and the king's absence make all the difference," agreed by all the judges of England.—(Jenk. 171, pl. 36, citing Year Book 1, H. 7, 16).

Under the general rule, " that the colonies settled by British subjects are subject to the law of England, so far as the same may be applicable to their circumstances and condition," the prerogatives of the Queen as exercised by the governors of colonies are entitled to all those legal safeguards on the one hand, and subject to those restraints on the other, which the, common and statute law of England have gradually established. It is under this rule (which properly considered, is most beneficial to the subjects of Her Majesty) that this Court has invariably considered Crown grants within the colony. We acted upon this view in the case of the Queen v. Symonds, (M Intosh's case), May 1847, and again in the Queen v. George Clarke, June 1848. In the latter case it was considered that the prerogative of the Crown as exercised by the governors under the Charter, cannot be taken away or limited, except by the express words of an Ordinance or statute, It follows that the restrictions imposed on the commissioners, do not bind the governor, nor is the governor bound in any way by the commissioners' report. The whole language of the Ordinance goes to show that the inquiry before the commissioners bath no other object in view than to secure to the governor full information of all the circumstances of each claim. The commissioners am to "hear, examine, and report upon claims, &c.," and nothing more. On the one hand, " nothing in the said Ordinance contained shall be held to oblige the said governor to make and deliver any such grants as aforesaid (i.e. grants recommended by the commissioners), unless his Excellency shall deem it proper so to do."—(4 Vic. No. 2, sec. 6.) On the other hand, " nothing in this Ordinance contained shall be deemed in any way to affect any right or prerogative of Her Majesty, her heirs, or successors," (sec. 13) : and these words, being general, can only mean whether that prerogative be exercised by Her Majesty herself, under the great seal of Great Britain, or by the governor, by virtue of his delegated authority ; for it is a matter of notoriety that in the colony a direct exercise of the royal prerogative, either in granting land or otherwise, rarely takes place. That is almost invariably effected within the colony by letters patent in the Queen's name, under the colonial seal, witnessed by the governor, and duly recorded. The framers of the Ordinance would scarcely have deemed it necessary to save the prerogative in order to meet a case that can hardly ever occur. They clearly intended to leave, and the Ordinance does in fact leave to the governor a two-fold discretion—a discrction in both directions. He may, under section 5, withhold a grant recommended; and he may, under section 13, (and even without it, restraining words being absent,) make a grant without such

NEW ZEALAND.

recommendation, or contrary thereto. I formerly entertained, at least, a suspicion, that the framers of the drdinance might perhaps have intended to bind the governor, but that they had failed to employ language apt for their purpose. The passage cited by Mr. Bartley, from Sir George Gipps' Despatch, effectually removes that suspicion, and shows conclusively the Ordinance is skilfully framed to effect the intention, and no more than the intention,of the Legislature. That is, that the intention, as capable of being deduced from the words of the Ordinance itself, to which all judicial interpretation is necessarily confined, is equi-pollent (so to speak) with the real intention of the framers. Referring to the Ordinance of New

South Wales, of which the 4 Vic. No. 2, is almost a verbatim copy. Sir George Gipps in his Despatch to Lord John Russell, May 30, 1840, says, the commissioners are, in no case, to recommend a larger grant. than 2,560 acres to any individual, though this, of course, cannot limit Her Majesty's prerogative of granting more should circumstances require it. I thought it of importance to introduce the restriction into the Act, if only to serve as a sort of index of the intentions of Government." (Parl. Paper, 11th August 1842). The "circumstances" alluded to by Sir George Gipps are, of course, such as might be presented to the mind of the governor, acting for the honour of the Crown; such as a large outlay of capital, occupation in a way beneficial to the public, or any other matter of which the commissioners could not take notice. What these " circumstances " may have been in any particular case, we are not

petent to inquire.

In favour of the larger interpretation of the governor's authority embodied in the demurrer to the second issue, Mr. Bartley cites section 2 of the Land Claims' Ordinance, which declares that "all titles to land in the said colony of New Zealand, which are not or may not hereafter be allowed by Her Majesty, her heirs, and successors, are, and the same shall be absolutely null and void ;" from which he deduces the converse proposition, namely : that all titles which may be so allowed are good and valid; and that the Crown grant under the colonial seal, being the instrument by which such allowance by Her Majesty is executed, must be deemed conclusive evidence of such confirmed and allowed title. I must own I am much impressed with the force of this argument in favour of any grant otherwise good upon its face, made to an original land claimant. His houour, in the Queen v. Clarke, seems to have considered that the words cited " naturally suggest the inference that the Legislature intended all titles so confirmed to stand good, unless indeed the grants in themselves were contrary to law."

(Clarke's Case, p. 13 of printed copy). And after much consideration I am of opinion that, apart from the Australian Land Sales' Act, the true interpretation goes to that extent. Pending the operation of that Act, I incline to the opinion, that the "contract promise or engagement " contemplated by the saving clause of that Act, is embodied in the schedule of the Land Claims' Ordinance, which stops short of the extreme interpretation contended for on the part of the defendant. So far, however, does this reasonable inference from the cited words impress me, that had this Court been called upon, while the Act was in force, to choose between the two interpretations, i. e., to say whether the " contract," &c., was embodied in the schedule, or whether the allowance by Her Majesty executed in the grant, was not, in fact, itself that contract, or conclusive evidence of it—I should certainly not have decided in favour of the schedule without very great hesitation ; knowing as I do, how jealous our law is of any restriction on the prerogative without the clear and express words of a statute, and how much disposed the highest Courts in the realm are to support the prerogative by every reasonable construction to the Queen's honour, and the subjects' advantage.

The conclusion to which I come, therefore, is, that the present grant was within the power and authority of the governor to execute in July 1844.

The only point which remains to be considered is, as to the legal effect of the misdescription of the quantity of land which the island of Kawau contains. The deed of grant states it as " said to contain 2,560 acres ;" the declaration avers that the actual contents are 4,630 acres.

There can be no doubt that if a claimant describe the land to contain less, or, at all events, materially less, than the real contents, and the grant is made on the faith of that suggestion of quantity, it would come within the same rule as a false suggestion as to the annual value; and on proper averment of the deceit, a grant would be voidable on that ground ; but it is clearly otherwise in a case like the present. In such a case, it comes within the rule as to " a mistake in the Crown's own affirmation or surmises," as already laid down. The misdescription of quantity appears to have been an expedient resorted to by the officers who filled, up the printed deed of grant, to bring it within the supposed restriction of the Land Claims Ordinance—an expedient which was, under any view, wholly unnecessary; for if the restriction upon the commissioner—not. to recommend more than 2,560 acres—had been binding on the Crown, no such contrivance would have enlarged the governor's power.

In support of the principle above stated, we have the clear and direct authority of a judicial decision, completely in point. The case of Brand v. Tod in Noy's Reports, p. 29, is to this effect :—" Note the difference agreed to by the Court. If the king grant to A all the waste in D, (after an ad quod damnum returned) and that the waste contains 120 acres ; yet if it contains 300 acres all pass; for the grant is general, and the ad quad damnum was to inquire of the damage and not for the quantity of the waste. But, if the king grant 120 acres (part) of his waste in D, and the ad quod damnum returns that it is not to his damage, and that the waste contains 300 acres, there nothing passes; for it is uncertain which 120 acres was intended, and the party shall not have any election against the king."

Now here the grant is not 2,560 acres of (or part of, or out of) the island of Kawau ; but, ingeneral, " the island of Kawau." Moreover, " said to contain 2,560 acres," is less strong than " contains 120 acres ;" and the excess here is not so great as in the case in Noy. Hence, I think, all passes. It is not often that a decided case can be found so completely in point ;is to the facts as well as the principle, as the case cited is with the case before us.

j think, therefore, that, in spite of the obvious irregularities which pervade this grant, the NEW ZEALAND. declarhtion shows no sufficient ground to disturb it.   

Judgment for the defendant.

The Attorney-General for the Crown.

Mr. Bartley for the defendant.

Enclosure 2 in No. 1.

CROWN TITLES BILL..

In the Thirteenth Year of the Reign of Her Majesty Queen Victoria.

Analysis.

Title.

Preamble.

I. Grants made before passing hereof, declared to be valid.

2. Compensation to be made in case Native Title not fully extinguished.

3. Such Compensation to be payable out of General Revenue of Province.

4. Operation of certain Grants declared to confer on the Grantee a right of selection.

5. Right of Selection, how to be exercised.

6. Map and description of Boundaries to be endorsed on Grant.

Grant to be valid when Endorsement shall have been signed by Governor.

8. In certain cases Land may be taken in Exchange.

9. Value, how ascertained.

10. Ordinance not. to come into operation until it receive Royal assent.

Encl. 2 in No. 1.

AN ORDINANCE for Quieting Titles to Land in the Province of New Ulster.   Title.

WHEREAS, since the Proclamation of Her Majesty's sovereignty in and over the islands Preamble.

of New Zealand, various laws, ordinances, royal letters patent, and instructions, have from time to time been made and issued, relating to the disposal by the Crown of lands within the colony, prescribing the terms and conditions on which such lands should be alienated and disposed of, and limiting and appointing the power and authority of the governor for the time being to make grants of the same in the name and on behalf of the Crown: and whereas during such period as aforesaid numerous grants of land within the province of New Ulster have been made in the name and on behalf of Her Majesty, by the governor, lieutenant-governor, or other the officer administering the government of the colony for the time being : and whereas in many cases doubts are entertained whether such governor or other officer was duly authorized and empowered to make such grants in the name and on behalf of the Crown, and whether suds grants were otherwise made in conformity with the regulations for the time being in force in that behalf: and whereas numerous grants of land claimed under the provisions of the Land Claims Ordinance, I, No. 2, have also been made, wherein the land of which the grantee is recited to be entitled to a grant forms a part only of the whole quantity claimed to have been purchased by him from the aboriginal native owners, and is not particularly set forth and described in such grant; and it is doubtful in point of law whether by reason of such uncertainty any or what portion of land is validly conveyed by such grant : and whereas certain cases have already been submitted to the judgment of the Supreme Court ; but it is essential to the prosperity of the colony that such doubts should in all cases be removed with the least possible delay. Now, therefore, for the more speedy removal of such doubts, and as far as may be in conformity with such judgments as aforesaid, and for the effectual quieting of Crown titles, be it enacted and declared by the governor-in-chief of New Zealand, with the advice and consent of the Legislative Council thereof, as follows:-

1. Every grant of land within the province of New Ulster, , sealed with the public seal of the Grants made before

Declared

colony or province, and made before the passing of this Ordinances, in the name and on the Passing hereof declared behalf of the Crown, by the governor, lieutenant-governor, or other the officer administering to be valid. the government for the time being, shall be deemed and taken to be a good, valid, and effectual conveyance of the land purported to be conveyed by such grant and of the estate or interest purported to be conveyed thereby as against Her Majesty, her heirs and successors, and against all other persons whatsoever, and as if the same had been a valid grant of the demesne land by the Crown—any law, ordinance, custom, usage, or instruction to the contrary notwithstanding.

2. Provided always, and it is hereby further enacted, that if at any time before the 1st day Compensation to be ] of January, 185 , it shall be proved to the satisfaction of a judge of the Supreme Court that made in case native the native tide to the land comprised in any such grant bath not been fully extinguished, it title extinguished not fully

head.

shall be lawful for any such judge to award to the native claimant or claimants proving title to   guished the same (not being a party or parties to the original sale of such land) such sun, or sums of money in satisfaction of the claim so to be substantiated as aforesaid as shall appear to such judge to stand with equity and good conscience.

3. All sums of money so to be awarded as aforesaid shall be paid by the colonial treasurer, Such compensation to on demand, to the person or persons in whose favour such award shall be made, and shall be be payable out of payable out of, and be charged rovince.

ed, and be chargeable upon the general revenue of the province of general revenue of New Ulster.

4. And ba it further enacted, that until it shall be amended, as hereinafter provided, every The operation or such grant as aforesaid which shall recite that the grantee is entitled to receive a grant of a certain grams to conger

of selection.

specified quantity of land, but which shall not set forth and describe the particular piece or a right

FURTHER PAPERS RELATIVE TO THE

166

GW ZEALAND.

Despatches from Governor Sir George Grey.

No. 1.   No. 1.

COPY of a DESPATCH from Governor Sir GEORGE GREY to the Right Hon.
'Sir JOHN S. PAKINGTON Bart.

(No. 136.1)

of Gold , 23d

1852.

Nugent, 23d . 1852.

Government House, Wellington,
November 9, 1852.

(Received March 8, 1853.)

I HAVE the honour to inform you that I yesterday received from Lieut.-Governor Wynyard the enclosed Despatch, dated the 25th of October, reporting that gold had been discovered near Coromandel Harbour, about fifty miles from Auckland. The enclosures to the Lieut.-Governor's Despatch are so voluminous that there is not time to have them all copied by this opportunity, but the two most important ones are enclosed for your information.

2. From these it will be found that there can be no doubt that gold has been discovered in the locality alluded to, although yet in such small quantities that it appears very uncertain whether or not it will be profitable to work it. I am also informed from good authority that gold in minute quantities has been found in quartz from the neighbourhood of Queen Charlotte's Sound in the Middle Island.

3. It appears from the character of the Maories to be tolerably certain that if they once see the method in which gold diggings are worked and the character of the rocks which it is found associated with, they will then themselves soon examine considerable districts of country, and that therefore if gold exists in abundance in any part of these islands it will shortly be found. In this respect the recent discoveries near Coromandel Harbour will prove important, although that locality should even not prove to be a very productive gold field, which point, however, will be fully ascertained in a few weeks.

4. The Lieut.-Governor has taken every necessary precaution upon this occasion, and I see no reason to doubt that the tranquillity and peace of these islands (even if gold is discovered in abundance) will remain undisturbed, whilst such an event would give an extraordinary impetus to their prosperity, and produce most important advantages both for Great Britain and New Zealand.

I have, &c.

The Right Hon. Sir J. S. Pakington, Bart.   (Signed)   G. GREY.

&c.   &c.   &c.

L. 1. in No.1.

Enclosure 1 in No. 1.

Auckland, October 25, 1852.

IT having been officially represented to me, on the 18th instant, by a deputation from the " Gold Reward Committee," that it was believed gold had actually been discovered in the neighbourhood of Coromandel, a harbour in the Frith of the Thames, some fifty miles from Auckland in an easterly direction, I lost no time in sending to the spot the native secretary, armed with a communication direct from me to the native owner or chief of the soil, as in the event of the discovery leading' to an available field, I instantly saw it is with the natives of the province (60,000 in number) the greatest prudence and circumspection will be required. As regards the white population (12,000 by last census), my course, I conceive, as Lieutenant-Governor, is simple enough ; but with the natives it will be necessary to make them thoroughly .understand my proceedings, and convince them I have, on the part of the Government, their interests, their rights, and their welfare at heart in all I may arrange.

Having taken this preliminary step, I assembled my Executive Council, and on laying before them the information I had received, in a minute dated the 19th, the accompanying resolution was recorded, forming a valuable guide for maturing my plans against the time arrived for carrying them into operation.

On the 22d further information reached me from Coromandel of continued success in the experimental digging, and on the 23d I received a report, marked E, from Major Nugent, with an enclosure, by which it will be perceived that the news I had previously obtained was in every respect borne out, and that the Chief Pauro and his people were much pleased on being made acquainted with my views, and at hearing from Government,

NEW ZEALAND.

any final decision. I also enclose a further and very interesting report from the Gold Reward Committee, in confirmation of the discovery, although, after all other evidence, such can hardly be necessary.

There being every reason to feel satisfied that not only on the Coromandel ranges, but in all probability all the islands in the gulf, gold will be found, the natural consequence of which will be, an alteration in the whole social prospects of the province, and that too, at a moment when a new constitution may be expected, I without hesitation have taken upon myself the serious responsibility of immediate action; deeming it not only prudent, but right, under existing circumstances, to ascertain as far as possible the public sentiments on so important a question at so critical a period, I requested an interview with the gentlemen residing in and near Auckland recently elected to serve in the Provincial Council, in order to hear their opinions, and have the advantage of their cooperation- For this purpose I laid before them certain propositions, marked G, which have been duly considered and agreed to, together with a form of proclamation, marked H, should such become necessary.

I shall immediately proceed to the spot myself, hold the promised meeting with the chiefs, and if I succeed in arranging satisfactorily with them so as to preserve the peace of the province, and find that an available field actually exists, issue the proclamation, and permit the diggings to proceed under such laws and regulations as I shall in the meantime cause to be drawn up.

Should escorts, &c. be required, I must, when the time arrives, depend for assistance on the military authorities, coupled with a moderate increase of police, gathered from the native and European population.

These arrangements, made suddenly, and with the hope of saving the mail, on so unexpected and trying an occasion, may, I trust, meet all the exigencies of the case, as well as your Excellency's approval, and the approval of Her Majesty's Government at home.

I have, &c.

Governor Sir George Grey, K.C.B.   (Signed)   R H. WYNYIARD.

&c.   &c.   &c.   Lieutenant-Governor.

Enclosure 2 in No. 1.

Civil Secretary's Office, Wellington,
November 8, 1852.

His Excellency the Governor-in-Chief has been pleased to direct the publication, for general information, of the following extracts from a report by Major Nugent, native secretary at Auckland, relative to a recent discovery of gold in the neighbourhood of Coromandel Harbour, together with the report from the secretary of the " Gold Reward Committee" in that settlement on the subject.

By his Excellency''s command.

ALFRED DOMETT,

Civil Secretary.

EXTRACTS.

Auckland, October 23d, 1852. "I arrived at Coromandel Harbour on the evening of the 19th, and having ascertained beyond doubt that gold had been discovered in a stream running down in a southerly direction from the high range of hills into Coromandel Harbour, I proceeded next morning to the settlement of the chief " Paora," who was stated to have the principal claim to the land in which the gold was found."

" From the nature of the country it would appear that gold must be diffused along the whole range of hills extending from Cape Colville into the interior."

I have, &c.

(Signed)   C. L NUGENT,

Native Secretary.

REPORT of the General Gold Reward Committee to his Excellency the Lieutenant-
Governor of New Ulster.

SIR,   Auckland, October 23d, 1852.

I HAVE the honour, by order of the Gold Reward Committee, and pursuant to a resolution unanimously adopted, a copy of which is subjoined, to enclose, for the information of his Excellency the Lieutenant-Governor, a copy of the report furnished to the committee by the deputation who visited the locality where it is alleged gold has been discovered.

I have, &c.

(Signed)   THOMAS S. FORSAITH,

Secretary to Committee.

Encl. 2 in No. 1.

168

FURTHER PAPERS RELATIVE TO THE

NEW ZEALAND.

Moved by Mr Gilfillan, seconded by Mr. Hughes,

"That the secretary be instructed to forward a copy of the report of the deputation to his Excellency the Lieutenant-Governor."

REPORT of Sub-Committee on recent Gold Discovery in the Coromandel District.

THE sub-committee appointed by the General Gold Reward Committee to proceed to Kikawhakareri, for the purpose of making further inquiry relative to certain gold deposits reported by Messrs. C. and F. Ring to have been discovered by them in the Coromandel district, have the honour to report :-

That they sailed from Auckland accompanied by, Major Nugent, native secretary, and Mr. Johnston, of that department, in the "Undine" schooner, at ten o'clock on the night of Monday the 18th instant, and anchored in Coromandel Harbour at nine o'clock on Tuesday evening.

They landed at six o'clock the following morning, and proceeded to Macgregor's Bay, where they learned that the Messrs. Ring had left but a short time before for the creek where the gold had been discovered.

Your committee started at half-past eleven o'clock for the creek, and after travelling about three miles over ranges of fern hills, they came to the bed of a large creek which empties itself into Coromandel Harbour.

On proceeding up this creek they found immense blocks of quartz thickly strewed along its bed and cropping out of its sides, and having ascended about a mile and a half, they reached a bend of the Creek, where they found Ring's party at work, sinking into the bed of it, the water having been turned off a short distance above.

Your committee had a quantity of the stuff taken out of this hole and washed under their inspection, and every panful of it produced a few specks of gold.

The creek was examined in several other places in this locality, and portions of the soil dug up from its sides and washed, in all of which gold in more or less minute particles was observed, convincing your committee that the soil all along this part of the creek is impregnated with the precious ore.

On returning hi the evening a hole was dug at a place about half a mile further down, and a quantity of the soil washed, but without any visible satisfactory result.

The vessel having been brought round during the day to Macgregor's Bay, your committee returned on board for the night, having first made arrangements to start with Ring's party early the next morning ; and accordingly they landed at six o'clock on Thursday morning, and proceeded to the creek, accompanied by Major Nugent.

About half-way between the place of entering it and the spot where the, investigations were made the day before, a favourable indication was noticed at a bar in the creek, and a quantity of the gravel and earth removed. A panful was taken from about two feet below the surface and washed. It produced a number of scales of gold. Several further portions of the soil in this neighbourhood were washed, and produced gold ; and a short distance still lower down the creek another party, which had arrived that morning from Auckland; took out, we believe, several larger grains of gold.

In the meantime Mr. C. Ring found it necessary to abandon the first digging, owing to the obstruction offered to his reaching the bed rock by the presence of large quartz boulders; and he commenced a new opening at some distance from the first. This attempt also he was forced to give up, for the same reason ; but a quantity of the stuff was washed by him in the presence of Major Nugent, and a number of fine specks of gold produced. After dinner an opening was made by Mr. Frederick Ring, assisted by some of your committee, who succeeded after much hard labour in sinking down to a depth of about four feet and a half One or two pans of the stuff were taken out of this hole, as the work progressed, and washed, but did not produce anything. Another panful was washed just before leaving for the night, and the largest and the best looking specimen yet discovered in the creek was found in the bottom of the pau, with several other smaller particles.

Your committee had previously determined to leave for Auckland on Thursday evening; but as it was hoped that by sinking deeper into this last hole coarser deposits of gold might be discovered, it was resolved to give it another day's trial, especially as the result of their investigations, although to a certain extent very satisfactory, would not enable them to report so decidedly on the value of the discovery as they wished to be able to do on their return to Auckland.

The weather on Friday morning, however, was unfavourable for work, and Ring's party did not proceed to the creek

Your committee landed at the bay in the morning, and had the satisfaction to see a number of good specimens of gold brought in during the day by several other persons, who notwithstanding the state of the weather had been at work in the creek. One man brought in a small piece which might he termed a nugget, as it was the first assuming that form which bad been taken out.

The weather continued bad all day on Friday, and all that night, and on Saturday morning the vessel was got under weigh at six o'clock, and your committee left for Auckland.

RECENT DISCOVERY OF GOLD IN AUSTRALIA   169

Mr. Ring had a machine for working made at Macgregor's settlement while your committee was there, which he intended to bring into operation as soon as he returns to work ; and from all that your committee have observed they have no doubt but that he will in a very short time produce gold in such quantities as will prove so satisfactory to the general committee as will induce a fuller inspection by themselves on the ground.

(Signed)   W. C. DALBY.

JAMES MACKY.

JOHN WILLIAMSON.

Schooner "Undine,"   JOHN MACFARLINE

Saturday, October 23, 1852.   PATRICK DIGNAN.

NEW ZEALAND.

Enclosure 3 in No. 1.

SIR,   Auckland, October 23, 1852.

I HAVE the honour to state, for the information of the Lieutenant-Governor, that in obedience to his Excellency's commands, I proceeded to Coromandel Harbour on the evening of the 18th, in order to see the native owners of the district in which specimens of gold were reported to have been discovered, for the purpose of making known to them his Excellency's wishes.

I arrived at Coromandel Harbour on the evening of the 19th, and having ascertained beyond doubt that gold had been discovered in a stream running down in a southerly direction from the high range of hills into Coromandel Harbour, I proceeded next morning to the settlement of the chief Paora, who was stated to have the principal claim to the land in which the gold was found.

I explained to the natives that if gold was found in large quantities that people would flock from all parts, and that disturbances would most likely arise if proper measures were not taken to prevent them, and suggested to them that they should rely on the steps which the Government might think fit to take to keep order and regularity, and pointed out the advantages they might be enabled to reap therefrom, not only by a money payment being made to them from the proceeds of licence fees, as well as from the increased demands for their produce.

The natives expressed themselves much gratified at receiving from the Government the first intimation of gold having been found, but stated that they were afraid of the multitude of Europeans that would flock into the country, and stated that they would have to consult with Teraia and Kati Kati, and other chiefs residing in the Thames district, before they could give any definite answer to the Government. Messages have therefore been sent to the various chiefs in order that a meeting may be held during the ensuing week at a place named Kikowakarere, near Coromandel Harbour, in order to discuss what measures they ought to adopt.

At present there does not seem to be any inclination on the part of the natives to molest the few Europeans who are now searching for gold amongst the hills ; and probably they are waiting to see if it is found in any large quantity, when they may prefer some extravagant demands.

From the nature of the country it would appear that gold must be diffused along the whole range of hills extending from Cape Colville into the interior ; and if such is the case the natives' claims will become so divided that they will be unable to combine so as to make any extensive opposition to the measures of the Government, and from the avarice of their character will most likely try to induce diggers to settle in their immediate neighbourhood.

From the fickleness of the native character, and from the turbulent and disaffected character of Teraia and others of the Thames chiefs, it will be difficult to surmise what views they may take of the question ; and every method which prudence may devise may fail to prevent a collision of the races, particularly if the natives try to prevent the Europeans from digging.

If, however, they can be induced to agree to the proposals of the Government, they will, from their knowledge of the country, make an admirable police for the purpose of maintaining order, as well as preventing unauthorized individuals from working.

Enclosed is a letter from the Chief Paora to his Excellency.

I have, &c.

(Signed)   C. L. NUGENT,

The Hon. the Colonial Secretary.   Native Secretary.

Encl. S in No. 1.

166

sned shall remain in force till the 1st day of

January, 1853, without any charge.

The Licenses will be issued from the office

of the Colonial Secretary, at Auckland, but

they may be renewed on the Gold Field by a

Commissioner.

No person will be eligible to obtain a

License, or the transfer or renewal of a Li–

cense, unless he shall produce a certificate of

discharge from his last service, or show, to the

satisfaction of the Officer by whom such Li–

censes may be granted, transferred, or renewed,

that he is not a person improperly absent from

hired service.

Any such License as aforesaid may be can–

celled, in case the holder thereof shall be con–

victed, by competent authority, of the illicit

sale of spirituous liquors, wine, ale, or beer,

or of any disorderly or riotous conduct, endan–

gering the public peace.

With a view to the security of person and property, and

to promote peaceable and orderly

conduct on the Gold–field, the name and de–

scription of every person who shall be con–

victed of the illicit sale of Spirituous or other

Liquors, or of disorderly or riotous conduct on

the field, will be forwarded to the officer by

whom Licenses may be issued, transferred, or

renewed, and no License will be granted or