1908 - McNab, R. Historical Records of New Zealand, Volume I - [Pages 700-758, 1829-1839]

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  1908 - McNab, R. Historical Records of New Zealand, Volume I - [Pages 700-758, 1829-1839]
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[Pages 700-758, 1829-1839]

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1829 Oct. 14.

Many high officials against him.

his manner gave weight to the many false statements against me, both in the colony and in the Colonial Office. I had Sir Th. Brisbane, Chief Justice Forbes, Archdeacon Scott, the Colonial Secretary, the Lieut.-Governor, Col. Steward, and the Clerk of the Council, Dr. Douglass, all supported by the Editor of the Government Gazette, to contend with, in vindication of my character. I was obliged to bear every reproach at the time, and to wait for an opportunity to set my character right, and I embraced the first that offered. My original offence was reproving public crime. I bless God I am now quiet, and enjoy the testimony of a good conscience.

I remain, &c,
D. Coates, Esq.

1830 Feb. 8.

Intends visiting New Zealand.

Has repaid £450 on account of seminary.

Education of missionaries' children.

[Church Missionary House.


Dear SIR, -- Parramatta, 8th February, 1830.

The missionaries have long solicited me to visit them in New Zealand, but it was not in my power until one of the clergymen came over to do my duty. The Revd. Mr. Yate has arrived, in consequence of which I intend to embark on the 12th instant.

I have paid into Mr. R. Campbell's hands, on account of the repayment for the seminary, the sum of £450, and shall pay the remainder as soon as I possibly can. The Revd. R. Hill will account with you for the allowance he makes his mother annually from the 31st of December, 1828. Having learned that the Secretary to the Society for the Propagation of the Gospel in Foreign Parts is dead (the late C. Bicknill, Esq.), I have forwarded to you a particular statement of my accounts with the Society. If you have received nothing from the Society on my account, there is a balance due to me up to the 31st December, 1829, of £50, which I will thank you to apply to the Society for, and when you receive it give me credit in your account with me, and when I receive your accounts I will arrange for the payment of what may be due.

I am happy to say the missionaries in New Zealand are all well, and the mission is prospering. There is one subject of great importance which I have often adverted to in my public correspondence with your Society and the missionaries--namely, the situation of the missionaries' children. As the children grow up I am apprehensive that improprieties will take place between the natives and the European children. What has happened to other missionaries' children may happen to theirs. There are two things to be considered: the heavy expenses that will be incurred in supporting the children when they come to a

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1830 Feb. 8.

Establishment should be formed in New South Wales.

certain age, and the danger of their morals being corrupted. It will be painful in the extreme to any pious parent to see his son or daughter form improper intimacies with the native youths. I am aware that the Society wish those children to be employed in the mission who promise fair to promote the great object. It should not be forgotten that temptations are very powerful, and the passions of youth are strong, and the danger great, where the means of indulging them are always at hand. I have thought that if 2,000 acres of land (more or less) were obtained from the Government at Home or here for the express purpose of forming a permanent establishment for the missionaries' children in N. S. Wales, it might afford protection and support for them until their real characters, talents, and inclinations were ascertained. Such a man as Mr. Davis should have the superintendence of such an establishment. Two or three New Zealand families might accompany them, in order that they might keep up their knowledge of the New Zealand language, and be prepared for the future service in the mission, when their habits were more permanently fixed and their knowledge of civil life increased. I have no doubt but the land would be readily granted by the Crown for such a purpose. I merely suggest the above from not knowing any other plan I can think of. Some of the young people as they grow up would get married in the colony, others would find different situations, and those who loved the mission would return in time to the work. Tho' the Society could hold no land, not being a corporate body, yet I apprehend it might be granted to trustees for the benefit of the missionaries' children, who might reside upon it. Perhaps the Society may think of some better plan than what is here proposed. Something I think should be done.

I am happy to say the Revd. Archdeacon Broughton will be a warm friend to the mission. He has become a member of our corresponding committee. On the 6th instant he sailed to Van Dieman's Land to hold a visitation there in His Majesty's ship Crocodile, and intends to return by New Zealand. The Archdeacon may perhaps arrive before I return from the Bay of Islands. It will be very desirable for us to meet there. Should he come before I return I shall endeavour to have the whole state of the mission laid before him. He is an amiable man, and a lover and a preacher of the Gospel. I have been very happy with him ever since he arrived in the colony.

The avarice of the merchants are filling N. Zealand with muskets and powder. I expect there will be some very bloody wars amongst the natives, tho' I am under no apprehensions for the safety of the missionaries....

Dear sir, &c,
Dandeson Coates, Esq.

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1830 March 13.

Arrived in New Zealand on 8th March, 1830.

Found natives at war.

Requested him to act as mediator.

Warmly received by both parties.

[Church Missionary House.


Bay of Islands, 13th March, 1830.


As a vessel is on the point of sailing for England from hence, I take the liberty to write a few lines by her. I arrived in the Bay of Islands on the evening of the 8th inst., and am happy to say I found all the missionaries well, but we have had no tidings of Mr. and Mrs. C. Davis and Mrs. Hart. We are very apprehensive that some accident has happened to the vessel, unless she has been taken by some of the convicts, who might have secreted themselves on board. When I arrived at the Bay of Islands I found the missionaries in considerable agitation: the natives were up in arms against each other in great numbers. On the 6th inst. they had had a battle on the opposite beach, in which it appears 70 were killed or wounded. Their bodies were then lying on the beach. My arrival at this trying moment afforded the greatest relief to the missionaries, as they were in hopes I should have influence with the contending tribes to make peace between them. Messengers had been dispatched to different parts to their respective friends and allies, and it was expected that some thousands would be in the bay in a few days. Some of the chiefs immediately waited upon me, and requested I would interfere between them. Both parties were equally our friends, and I was well acquainted with the leading chiefs of both. I promised that I would, along with the Revd. Henry Williams, visit both their camps the following morning, and hear what each had to say. Accordingly, early on the 9th we proceeded to the camp of those who had obtained the victory. They received us with the greatest cordiality. We immediately entered upon the subject of our mission, and after a long discussion, which was maintained by the chiefs with much ardor and warmth, it was agreed that we should proceed to the camp of their enemies, and state to them the substance of what had taken place. Their camps were about 4 miles apart from each other. On our arrival we were received with much respect by the chiefs; and they were willing to hear any thing we had to advance. The Revd. H. Williams opened the business, and after many arguments it was determined that we should proceed, along with one of the principal chiefs, to the Island of Motoroa, about 5 miles off, where a large body of their friends were encamped, and take their sentiments, which we consented to do, and immediately set off for the island. When we arrived we found the beach covered with war-canoes, and natives prepared for action. We stopt some hours with this party. Many of the chiefs spoke with much force and dignity, but yielded to

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1830 March 13.

Friendly proposal made.

War caused by Europeans.

Natives demand satisfaction.

Peace ratified on 18th March.

our wishes so far that we were authorised to proceed to their enemy's camp and to make some friendly propositions to them. After these matters were arranged we returned home about 9 o'clock in the evening. The terms of peace are not yet finally settled. I have been negotiating for peace ever since my arrival, and I hope it will shortly be accomplished. I am not under much concern for the missionaries, as all parties are most friendly to them; but they have never had such a trial before. They have lived in much peace until now. I think when this difference is settled it will extend their influence far and wide. Many of the distant chiefs will see who and what they are, and what their object is.

The origin of this present war proceeds from the most infamous conduct of one of the masters of a whaler. The chiefs contended that, as the war did not originate with them, but with an European, the Europeans were answerable for all the consequences as a nation. They wished to know what satisfaction we would give them for the loss of their friends who had been killed. It was their right to demand satisfaction, and it was just that the Europeans should give it. It was not their own quarrel. I replied, all that I could do was to write to England to prevent the return of the master to New Zealand again. They requested I would not do this. They wished to get him into their possession, which they would do should he return, and they would take satisfaction themselves. The immoral conduct of some of the whalers is dreadful. In the midst of all difficulties the mission is going on well. The natives where the missionaries reside are greatly improved in every respect, and some of them appear to be very pious.

As I was aware the news of war in the Bay of Islands would reach England, I thought the friends of the missionaries might be uneasy, and therefore have stated the above.

I remain, &c,

P. S. --As the ship has been detained for want of supplies until now, gives me an opportunity to inform you that peace was ratified on the 18th inst., to our great satisfaction. We have had much to do since I arrived. I have no doubt but this war will greatly extend the influence of the missionaries, and turn out well.

April 28.

[Church Missionary House.


DEAR SIR,-- Kerikeri, April 28th, 1830.

I take the liberty to drop you a few lines before I return to N. S. Wales, in case a vessel should sail for England. After

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1830 April 28.

Anxious for a station in the interior of New Zealand.

It will promote agriculture.

Will also be removed from shipping.

To be formed by Messrs. Clarke and Hamlin.

Success of missionary labours.

I have submitted my proceedings here to the corresponding committee they will be forwarded to London. I have been most anxious to establish a station in the interior, for many important reasons. As about 50,000 lb. of flour is required for the support of the mission annually, and as the climate of N. S. Wales is not very favourable to the growth of wheat, I consider it of great moment that the missionaries should not depend upon that colony for their supplies of flour, but to use every means in their power to provide for themselves. Whenever they can supply themselves with bread the Society will be greatly relieved of part of the expenses of the mission, besides, the great advantages the natives will derive from agriculture. Their cattle are increasing very fast, and supply them with milk and butter, and occasionally with very fine beef. They have slaughtered three since my arrival, and are going to salt down several for their winter supply. This will tend to reduce the expences. In the interim the missionary will be in the centre of his work, and removed from the annoyances of the shipping. This will save them much labour, which they now have to undergo in travelling to visit the natives. They may go with safety, as the most perfect confidence and friendship exist between them and the chiefs. The land selected is very good, and the inhabitants numerous, on account of the goodness of the soil. They will very willingly part with a portion of their land, as they are so anxious to get the missionaries to live with them. Messrs. Clarke and Hamlin are nominated to form the interior station; two most excellent men, active and laborious. Mr. Hamlin has an extraordinary talent for learning the language, much superior to any other, I am informed. These young men are amiable in their dispositions, industrious in their habits, and firm in their conduct with the natives, and wholly devoted to the work of the mission. I have great hopes that they will succeed well. When once the missionaries have got an interior station, and grow what grain they want for their own consumption, I shall consider the mission permanently established; but not until then. At and near the stations the natives have made very great improvement, and some of them are deeply impressed with the importance of true religion. I could produce some very strong facts in confirmation of this statement. On my return to N. S. Wales I may then perhaps make a few selections from my diary for the information of the Society, which will be gratifying to the Committee. The Spirit of God. is evidently at work more or less at every station. Every encouragement is nolo [now] held out to the missionaries to labour. They see they are advancing daily, and that a spirit of grace and supplication is poured out from above upon the heathens around them. One

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1830 April 28.

Primitive mode of grinding maize.

Mill and miller much needed.

thing I have long wished to see in New Zealand, and that is a mill to grind their maize. About three days ago I saw a chiefs wife sitting upon the bank of the river scraping a cob of maize with a shell, and reducing it into meal as well as she could; she could only just take the tops of each grain off, and was a long time before she got a little meal, which she mixed with water, wrapped it up in a small basket, and put it into her oven to cook with steam. They grow a good deal of maize; but the old people and the young children cannot eat it unpulverized. They soak it in water for several days to soften it, but before it becomes soft it is offensive. A miller who could make and work a mill would be of very infinite service to the mission and to the natives. I have no doubt but the natives would pay in maize for grinding. Mrs. Baker informs me she has two brothers who are millers, and that one can both make and work a mill. I merely mention the circumstance. A mill must be had in time, or much of the grain grown will not turn to so good account. All the missionaries are well. No doubt but you will hear from them.

I remain, &c,

Aug 2.

Visited Church Missionary Society station at New Zealand.

Natives at war; battle fought.

Hostile armies summoned.

[New South Wales, Vol. 214.


Parsonage, Parramatta, 2nd August, 1830.


I have taken the liberty of communicating the following circumstances to Your Excellency.

Having obtained permission from the Venerable the Archdeacon to visit the missionary stations at New Zealand belonging to the Church Missionary Society, I sailed from Port Jackson on the 16th of February, and anchored in the Bay of Islands on the 8th March. On my arrival I found the whole of the inhabitants around the bay in the utmost alarm, a battle having been fought two days previously between the neighbouring tribes at a settlement on the east side of the bay named Korakika, two miles distant from the missionary station on the west side. In this contest above 70 were killed or wounded. The bodies of the conquered men who were killed were lying on the beach, and those of the chiefs had been taken away by their friends, while the wounded were carried to the missionary station.

On landing I was informed by the chiefs and the missionaries that messengers had been despatched in all directions to summon the allies of the hostile parties, and that several thousand men

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1830 Aug. 2.

Attempts at conciliation.

Satisfaction demanded by chiefs from Europeans.

Vowed vengeance against Mr. Brin.

The settlement a valuable trade centre.

Forced to surrender settlement to conquered party.

Peace made and armies dispersed.

War caused by Mr. Brin's conduct.

were expected to join the two armies in two or three days to renew the contest.

I conceived it was a matter of the first importance to bring about a reconciliation between the hostile chiefs before their friends arrived, and therefore had a consultation the same evening with some of the chiefs along with the missionaries, who were both anxious to prevent more bloodshed. It was resolved that on the following day we should visit both armies, which we did, and stated the object of our mission.

The chiefs wished to know what satisfaction we would give them for the loss of their friends who had been killed in the battle, as the war originated wholly with the Europeans. We replied, it was not in our power to do more than to represent the bad conduct of Mr. Brin to his owners, and to prevent his return; and contended his bad conduct was no reason why they should continue to kill one another, and leave their children orphans and their wives widows. They admitted the force of this argument, but still contended for satisfaction from the Europeans, as they were amenable for the conduct of the masters of their vessels, and said if Mr. Brin returned to the bay they would take payment from him themselves. Their discussion continued for several days.

I may here notice that the proprietor of the settlement where the battle was fought had defeated his opponents and killed several of their chiefs, while none but common men were killed on his part.

I may here observe that this settlement is the most valuable spot in the country for trade, as the harbour is safe and convenient for shipping, and where they generally anchor.

As a condition of peace the party who had been conquered required the settlement to be surrendered up to them, as a compensation for the loss of their chiefs who had been killed. This at length was acceded to, as there was no alternative but either to risk another battle, which would have been very destructive, or to give it up. As soon as this arrangement was settled the allies of the parties began to return to their respective homes.

During the whole period of our negociation large bodies of armed men were daily arriving to join their respective friends, but we did not allow more than two chiefs from each party to accompany us in our visits to the camps, in order to guard as much as possible against any act of violence being committed on either side during the discussions until peace was restored.

Having stated the circumstances which occurred, I shall now refer to the cause of the war. The chiefs of both parties, as well as the missionaries, informed me that Mr. Brin, master of one of

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1830 Aug. 2.

During dispute he urged murder of head chief.

Supplies refused to whalers.

A small armed King's vessel needed.

the whalers, several of which were at that time in the bay, was the sole cause of the public disturbance. The Rev. Henry Williams told me Mr. Brin had fifty native women on board his vessel, among whom there were three young women, daughters of chiefs belonging to the districts. Some difference took place between these young women and the head chief's wife. It was said that Mr. Brin espoused the cause of his favourites, and urged the natives to murder the head chief. As soon as this was known to the natives belonging to the chief they would allow no supplies to go on board Mr. Brin's vessel, in consequence of his bad conduct to them. Mr. Brin became very violent, and wrote to the masters of all the vessels, stating that he deemed it necessary that they should bring their ships nearer shore, hoist their colours, and fire upon the natives. They all refused to comply with his request. Mr. Brin immediately weighed his anchor and put to sea, after kindling the flame of war among the natives on account of the women that had been on board.

The masters of the whalers were much alarmed lest the natives should proceed to acts of violence and fire upon the ships. A boat belonging to one of them happened to be on the beach with the master when the natives began to fight. The chief's wife and daughter ran to the boat in order to escape on board. As soon as they got into the boat they were fired upon, and the young woman was shot dead by her mother's side. One of the masters had loaded his guns with cannister shot, to be ready to fire upon the natives. Mr. Davis, a catechist, happened to go on board at the time, and entreated the master not to fire upon the natives unless they should fire upon him. The masters of the ships were much alarmed, and all their supplies were stopped until peace was restored.

From what I have stated Your Excellency will judge what might have taken place if the angry feelings of the natives, excited by the death of their friends and the violence offered to their women, had not been appeased.

Your Excellency is aware there is no legal authority, civil, military, or naval, to restrain the bad conduct of the masters and crews of those ships which put into the harbours of New Zealand, nor to notice their crimes, however great; and from the great quantity of arms, powder, and ammunition now in the possession of the natives there is much reason to apprehend that they will at some period redress their own wrongs by force of arms, if no remedy is provided to do them justice.

I am of opinion that it would not be advisable to form at New Zealand a military establishment, as the soldiers would be too much exposed to temptation from the native women; a small armed King's vessel, with proper authority, would be

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1830 Aug. 2.

Would also check convict escapes from New South Wales.

the most likely to prevent much mischief, as she might visit all the harbours into which the European vessels enter. The whaling vessels do not come into the Bay of Islands until the season on the coast is over. About March they put in for water and provisions; when they have obtained their supplies they either return home, or go to the northward to fill up in the winter season.

I may further observe, from the constant communication between New South Wales and New Zealand, it will be impossible to prevent the convicts from making their escape to these islands, where they commit every crime until an opportunity offers for them to return to Europe or America, which is not difficult for them to meet with from the number of vessels which put into the different harbours. These runaway convicts would, be easily apprehended by a King's vessel, whereas at present they go where they like, and none can interfere with them. These evils will increase with the increased communications if no legal check is put to them. Having made the above observations, I respectfully submit them to Your Excellency's consideration.

And have, &c,
His Excellency Governor Darling.

Aug 4.

Description: Size, materials, &c.

Origin: Charm to cure potato disease.

[Wesleyan Mission House.


New Zealand Temple.

Sydney, August 4th, 1830.

Description of. --The New Zealand Temple is a box made of wood, the size of which is as follows: The length is 2 feet, the width 15 inches, the height 16 inches. The roof is of a circular form, and is covered with thatch, like unto the roof of a cottage. On one side is a small door way about four inches wide, which is shut by a small piece of wood suspended by a nail, or a peg of wood which admits the door to be removed either to the right or to the left.

Origin of. --In the year 1816 the New Zealanders were much afflicted with an apprehension of experiencing a favour [failure] in their potatoes. The cause of this appearance of a decrease of this valuable part of their food was by a vast number of caterpillars falling upon their plantations and destroying the leaves and stems of the potatoes. In this alarm the principal persons among them applied to the neighbouring priest for a remedy. After the priest had heard their complaint, he directed them to make a temple, according to the above description, and

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1830 Aug. 4.

Consecrated by priest.

Model of temple given him.

when they had made it, to place it upon a post 4 feet high from the ground in the centre of the village next to the plantation. After they had done this he assured them he would come and tabbatab (consecrate) the temple, and put into it the Atua (with some potato), after which the Atua (their god) would be fed with the same, and then they might expect that the caterpillars would all go away, and the potatoes would grow again.

The people were very attentive to the directions given by the priest. The temple was soon made, and placed upon a post exactly to order. The priest was informed that all things were ready according to his will. The priest approached the place and tabbatabed (consecrated) the temple, put in the Atua (the god), and put in some potato on which, the Atua was to feed. I asked them if the Atua was in the temple. They assured me he was. I removed the small door and looked, but of course could not see anything. I observed to them that I could not tickee tickee (see) Atua; is he in the corner? To which they said 'You cannot tickee tickee (see) our Atua (our god); our god cannot be seen, nevertheless god is in the temple." They assured me that soon after the temple was erected that the caterpillars fled away, the potatoes grew in abundance, and all of them were very good.

I asked them if they would sell me the temple, as I should like my friends in New South Wales to see it. They assured me they could not. I said I was their friend, and had come a great way to see them; if they would not sell it me, I would not come to visit them any more. They observed they could not let me have it, for if they did all their pickaninnies (their children) would all die, but if I wished to have a temple to take to my friends they would make one for me like unto the one I saw, but it would not be tabbatabed (consecrated). I told them I did not object to its not being tabbatabed, and that as soon as they had made me the temple I would pay them for it, to which they consented. In about three days after my interview with them they brought me an exact likeness of the temple I had seen. At the time they brought it the very priest that tabbatabed theirs was with me, and I requested him to tabbatab my temple, to which he said, I cannot tabbatab yours; you are not a New Zealand man; you come and live at New Zealand, and have potato plantations, then I will tabbatab your temple, and put into it Atua. I cannot do that, I observed; your temple is nothing good; there is but one God! The Great God of Heaven and Earth! The priest said he would show me how he performed the ceremony. He went through it, all of which appeared to be empty and vain. The conversation ended. I paid the natives for the temple, and we parted in friendship.


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1830 Aug. 4.

His account with Church Missionary Society.

Heavy expenses in visiting New Zealand.

[Church Missionary House.


DEAR SIR, -- Sydney, August 4th, 1830.

On my return from N. Zealand I received your letter with my account. The balance against me was £844 9s. 6d. Towards the payment of this sum I now enclose a bill drawn by the Revd. Dr. Land for £418 13s. 4d. I paid also to Robt. Campbell, Esq., £425 16s. 2d. --£844 9s. 6d. These sums balance the account. The Revd. Dr. Lang will wait on you, after his arrival, to retire his bill.

After Mr. Lisk left the seminary I paid on account of the Society to Mr. Campbell £450, part payment of what I received on account of the seminary. The Rev. Mr. Wilkinson informs me that his father has been instructed some months ago to repay to you the £200 which was advanced to him, and he has no doubt but the money has been paid. Should this be the case, you will give me credit for the £200, which will make up 650. I would have paid more at present, but my expenses in visiting New Zealand have been more than I expected. I expected to have obtained a passage back to Port Jackson in the King's ship, but in this hope I was disappointed. The vessel in which I went down in was to have called for me again on her return if I did not get in the King's ship; but she was blown off the coast, and bore away to N. S. Wales, which obliged me to remain longer in N. Zealand, and at last I was compelled to write to the west side for a vessel to come for me to the Bay of Islands, which increased my expenses. I shall pay over to Mr. Campbell as soon as convenient the balance due to the Society from the money advanced on account of the seminary.

I need say nothing about the mission, as the Society will receive full information by this conveyance.

I remain, &c,

P. S. --Revd. Dr. Lang will return to Port Jackson when he has settled his business in London. He will be heard of at Mr. Abrn. Birnie's.

Aug. 7.

Sent information re New Zealand.

[Church Missionary House.


REVD. AND DEAR SIR, -- Parramatta, August 7th, 1830.

I wrote to you from. N. Zealand, and on my return to the colony laid all my observations before the corresponding committee. These documents will be transmitted to you thro' the Secretary, the Revd. R. Hill. You will see from the papers that I have entered pretty fully into the concerns of the mission.

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1830 Aug. 7.

Remarks on the different stations.

Rangihoua and Tupona.

Paihea and Kerikeri.


I have stated my views of Rangihoua, Paihea, Kirikiri, Waimate, the water mill, and the school, as I was anxious to give your Committee all the information I could for their future guide. We have had the various subjects under consideration in our committee. The Archdeacon, the Colonial Secretary, and the other members fully accord with the views I have taken of the different subjects. Perhaps your Committee may see reasons to differ with us in some points; we shall leave the final decision of every thing to your Committee. I beg to make a few brief remarks upon the different subjects I have noticed.

1. Rangihoua: I would observe that the houses of the two catechists (King and Shepherd) are situated on the east side of the village. Tupona is situated on the west side, about one mile and a quarter higher up the harbour. Their houses stand at present on the side of a very high clay hill, not fit for cultivation. Tupona is situated on a flat piece of land, which is good, and fit for gardens, &c, &c, and a very eligible situation.

Here the catechists had begun to erect their houses. The burial-ground was marked out, the place for the chapel, &c, &c, agreeable to a resolution of the local committee, and the land was purchased. Why they afterwards altered their intention I cannot say. I think it had been done without due consideration. I refer you to my letter on the subject.

In another statement you will find my views of Paihea, and my reasons why I conceive it would not be advisable to collect such a body of missionaries there. This station may be kept under some order during the residence of the Revd. H. Williams; but if he was removed, it would be likely to suffer greatly from the shipping. The shipping is an evil that cannot be remedied.

Kerikeri is a good station, being about 12 miles from the shipping, and the great high road passing through it gives the missionaries daily opportunities of conversing with the natives from the interior, as well as visiting the neighboring districts. One clergyman and two catechists are sufficient for this station. Waimate, on account of the goodness of the land, the abundance of timber for all purposes, and the numerous inhabitants, and distant so far from the ships, promises to be a very important station. Should the present catechists remain there a greater expense will be incurred in building the house at Kirikiri for those who have none than building them at Waimate, where the timber is on the spot. The object of raising their own supplies of grain on the spot will be of great importance to the general interest of the mission in every respect. Messrs. Clarke and Hamlin are well suited for this station--men of very strong minds, and great activity. I was astonished to find Mr. Hamlin speak the native language so well; he excells all in that respect;

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1830 Aug. 7.

Water-mill needed.

Land for missionary station should be purchased.

and he has a most amiable natural temper, which gives him much influence with the natives.

The next object is a water mill. Little can be done with the grain without this. At the present time there is the greatest abundance of maize, but they have no means of grinding it. This subject I have more fully stated...

I remain, &c,
Saml. Marsden.

P. S. --When any missionary station it is of great importance to purchase the land from the natives. When this is done, the land becomes neutral ground, and natives from any part will come without hesitation to reside with the missionaries. The natives do not like to live from their own tribe, because they are liable to be insulted, but on neutral ground they can meet and unite together. This will tend greatly to reconcile the different tribes. I found chiefs' sons and daughters living with the missionaries from different parts of New Zealand, some 140 miles from their own district. On the neutral ground they were at home, and were not liable to be offended. When these youths have learned to read the Scriptures, and write their own language, they may spread the knowledge far and wide amongst their own tribes. --S. M.

Sept. 22.

Trade between New South Wales and New Zealand.

New Zealand frequented by English whalers and American vessels.


New South Wales, Government House,

SIR, -- 22nd September, 1830.

It has occurred to me, with reference to the subject of my despatch of 12th August last, No. 50, that you might be desirous of being informed more particularly with respect to the trade between this port and New Zealand. I accordingly do myself the honor to transmit, for your information, the copy of the statement which has been furnished, at my desire, by the Collector and Comptroller of Customs shewing the number of vessels which have entered from and cleared out for New Zealand between the 1st January and the 14th August last, as also the description, quantities, and values of the articles imported and exported in the said vessels.

It appears that many of the English whalers which do not touch here go to New Zealand for refreshments and to refit, and that American vessels frequent that place in numbers, where they are free from restraint, and obtain the supplies which they require at the expense of a few muskets and a little ammunition.

I have, &c,
Right Honble Sir George Murray, G. C. B., &c, &c.

[Image of page 713]





Number and Tonnage of Vessels entered Inwards.

Number and Tonnage of Vessels entered Outwards.


[Image of page 714]



M. B. COTTON, Colr.
Custom House, Sydney, 14th August, 1830.

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1830 Oct. 7.

Differs opinion with Mr. Williams re Paihea and Kerikeri.

School to be opened in Kerikeri.

Glad this is settled.

[Church Missionary House.


REVD. SIR, -- Parramatta, 7th Octr., 1830.

* * * *

I have in former letters stated to you my objections to making Paihea the principal station. It is a necessary and important one as a check to the shipping, as it may be considered the chief seaport in New Zealand; but I could not view it in the same light that the Revd. H. Williams did; and on that point we differ. We were also of a different opinion with respect to Rangihoua. Mr. W. thought it should be relinquished; I could not see one reason for this, but many against it; and I think Mr. W. will agree with me in time.... I am very glad that the Revd. Mr. Brown is going to Keri-Keri to open the school for the education of the missionaries' children. When in N. Zealand I urged this measure much upon the Revd. Mr. Williams for the sake of the children; but our views were at variance on this subject. My chief reasons were that your Committee could not approve of three clergymen being stationed at Paihea. There was no house for the Revd. Mr. Brown, nor any accommodation for the children, where they could be lodged and educated there; and to provide proper accommodations would take a long time to build them, and would be attended with a very heavy expense; while at Keri-Keri there was a good house, and every accommodation could be made in the long house built in Mr. Butler's time, which would be at liberty when Mr. Clarke removed to Waimate. Besides, Keri-Keri would be in the very centre of all the mission stations, so that their children could be visited by their parents with much more convenience than at Paihea. I am glad to learn that they have mutually settled this amongst themselves since I left them. I am sure the measure will give general satisfaction to all parties and to your Committee. The Christian world would not have been satisfied with three ordained clergymen living at one station, while two stations had none. The Revd. Mr. Yate going to Waimate and Mr. Brown to Keri-Keri will remove all difficulties upon this head.

I remain, &c,

1831 April 18.

Conduct of Europeans in New Zealand.

[Church Missionary House.


Dear SIR, -- Parramatta, 18th April, 1831.

* * * *

I lament to say that there are many Europeans now in New Zealand whose conduct is most scandalous. I had two inter-

[Image of page 716]

1831 April 18.

Appealed to Governor Darling to protect natives.

Fourteen chiefs' heads brought to Port Jackson for sale.

Resident should be stationed in New Zealand.

His accounts re seminary.

views with Governor Darling last week on this subject, and have written to him to-day. Copies of my representation I purpose to forward to the Society, unless some effectual measures can be adopted here to restrain the infamous acts of the Europeans. I have two chiefs with me now--one from the Bay of Islands, who is come at the request of the chiefs to seek redress; the other was taken away by force from the middle. I have no doubt but Governor Darling will do all in his power to afford them protection. Whether the law as it now stands will enable the Governor to do them justice appears a matter of doubt. You will have heard of the conduct of Captain Brind; he has been the cause of much bloodshed; many have been killed to the southward in consequence of what took place at the Bay of Islands, and the heads of the chiefs have been brought to Port Jackson by the Europeans for sale. When the chief who is with me went on board the Prince of Denmark he saw 14 heads of chiefs upon the table in the cabin, and came and informed me. I waited on the Governor, stated the circumstance, and requested His Excellency to use every means to recover them, in order that they might be sent back to their friends. The chief knew the heads; they were his friends; when he retired he said, "Farewell my people, farewell my people." The circumstances to the southward are more fully explained in my statements to the Governor. I intend to call upon His Excellency again in a day or two. On my return from N. Zealand I recommended that a vessel commanded by a naval officer should visit the different places to which the Europeans resort, in order to check the conduct of the masters and crews who visit these islands. A copy of my letter I forwarded to your Committee. In my present communication with the Governor I am of opinion that a resident should be stated [stationed] in New Zealand, with proper authority to notice the misconduct of the Europeans, and to whom the natives can appeal for redress. If no measures are taken the New Zealanders will redress their own wrongs, and take life for life, tho' they are most unwilling to injure the Europeans. With respect to my repaying the Society for the seminary, as the children did not come to the colony as was originally intended, I beg to say the amount was £844 9s. 6d.; paid Mr. Campbell for the Society, August 4, 1830, £426 16s. 2d.; ditto, 2d ditto, transmitted to you a bill drawn by Dr. John Dunmore Lang to be paid in London for the amount of £418 13s. 4d.; balancing my account for the seminary, £844 9s. 6d., or, rather, the Society's former claim. It further appears from your account made up to the July 18, 1830, the Society had a claim upon me for a balance of account £304 9s. 6d., as stated by you. The Revd. Frederick had by my order from the Society at £50 per

[Image of page 717]


1831 April 18.

annum, £200, which Mr. Wilkinson informed me his father had paid, but as I have not received from you any information on this subject I cannot tell. I shall pay to Mr. R. Campbell this week £100, when I get your final account. I will settle with Mr. Campbell. I will pay the remainder. I paid £10 to the schoolmaster for the propagation of the Gospel....

I remain, &c,

April 25.

General Order issued forbidding importation of New Zealand heads.

European cruelty must be checked.

Cause of recent differences.

[Church Missionary House.


REVD. SIR, -- Parramatta, 25th April, 1831.

A few days ago I wrote to Mr. Coates giving him some account of the recent ocurrences which have taken place at New Zealand for the information of your Committee.... The Governor as well as the Archdeacon are desirous to do all that can be done to prevent the repetition of similar acts of murder and cruelty. The Governor has issued a General Order prohibiting the importation of the heads of the New Zealanders into N. S. Wales, many having been brought to the colony. I have no doubt but the Governor will point out the necessity of a Resident being appointed to New Zealand to whom the natives may appeal for redress for acts of cruelty, &c, done upon them by the Europeans. Something must be done, or all commercial connexion must cease between N. Zealand and this colony. The natives will most assuredly revenge their own wrongs unless some protection is afforded them. I am not under any apprehension for the safety of the missionaries, as their characters and views are well known by the natives, and their persons respected....

The original cause of the difference between the tribes on the Middle Island and Kappetee, on the north side of Cook's Straits, appears to be the following: A chief named Tupai-Cupa, who visited England a few years ago, and who was at Liverpool with Doctor Traill, and kindly treated by him and other friends in that town, which was a subject of his constant conversation when he returned to Parramatta, where he remained with me until an opportunity offered for his return to New Zealand. When he arrived at home he visited the inhabitants on the Middle Island; on his third visit he was killed. His friends have sought satisfaction for his death ever since, and by the assistance of the Europeans they have obtained it to the full. What the New Zealanders are indignant against the Europeans for is their joining either party in their wars. This conduct they will resent, unless those in authority in New South Wales or in

[Image of page 718]

1831 April 25.

Escaped convicts mix with natives.

England take measures to prevent. It appears nothing could be more horrid than the conduct of the Europeans in these transactions. The British Government must take notice of them, or expose their own subjects who visit that island to the constant danger of murder. I am fully aware that there may be great difficulty in obtaining legal evidence against the Europeans concerned in the business, as the evidence of the natives may not be admitted, and it seems to be the prevailing opinion that the law as it now stands will not extend to crimes of the above nature committed in New Zealand. Should this be the case some Act should be passed by the British Parliament to redress the wrongs of natives. Many desperate characters who either are or have been convicts escape to New Zealand, and mix up with the natives, and are capable of committing any crime. I have thought it my duty to state what has taken place, and I hope our Colonial Government will immediately adopt some measures to check the conduct of the Europeans in future.

I have, &c,
Revd. Edward Bickersteth.

1832 Sept. 18.

Mr. Busby to be Resident in New Zealand.

[Church Missionary House.


DEAR SIR,-- Sydney, 18th Septr., 1832.

I herewith enclose you my private account. You will examine it, and inform me if there are any errors for or against me. It is possible there may, but I do not know that there are, and therefore must leave the account to you to settle.

I feel much concerned that the Active is so expensive.

Perhaps when Mr. Busby comes out as Resident in New Zealand on account of Government some arrangement may be made with the Colonial Government to dispense with the vessel, or at least to reduce her expenses. When Mr. Busby arrives I will do all I can upon this subject.

I remain, &c,

1834 May 13.

[Church Missionary House.


Dear SIR,-- Parramatta, 13th May, 1834.

As I have an opportunity to write a few lines by Sir Edward Parry, I embrace it. From the last accounts we had from New Zealand a short time ago the missionaries and families were all well. I expect you will have heard of the arrival of the

[Image of page 719]


1834 May 13.

Archdeacon gone to England.

Europeans settling in New Zealand.

Friendship of Sir Edward Parry.

Archdeacon in England before this reaches you. I flattered myself the mission in New Zealand would have met with his support; but he took offence at some part of the Revd. William Yate's conduct, and withdrew his name and support from the corresponding committee, and left us to do as we liked. Sir Edward Parry knows what gave offence to the Archdeacon. The Rev. Mr. Yate is a very pious man, and labourious missionary. New Zealand is now visited by a great number of ships, and several Europeans are settling there, which will increase the difficulties to the missionaries. However, they are every where on good terms with the natives...

I must admire the piety and zeal of Sir Edward Parry and his lady; they are true friends to the Gospel, and have done all in their power to promote the cause of religion in the important station which Sir Edward fitted in N. S. Wales. I pray that the Divine blessing may preserve and prosper them whither they go. Sir Edward is in possession of the reasons the Archdeacon withdrew from the corresponding committee. Perhaps you may see Sir Edward, and he will give you his opinion of the Rev. Mr. Yate.

I remain, &c,
D. Coates, Esq.

Sept. 25.

Mr. Langhorne, clerk in Australian Bank.

Desirous to join New Zealand mission.

[Church Missionary House.


REVD. SIR,-- Parramatta, Sept. 25th, 1834.

I have taken the liberty to write to you as Secretary of the C. M. Society on the behalf of a young man named Langhorne. He is a clark in the Australian Bank. I believe he is a native of Clapham. I have known him since his arrival in the colony. Mr. Langhorne brought a letter of introduction to me from Dr. Dealtry, minister of Clapham. Mr. L. is a very pious young man, well informed, and very prudent in his whole conduct. He has for some time past expressed a strong desire to be employed in the New Zealand mission, and I believe from the best of motives. He has been very useful in copying the proceedings of the auxiliary committee, and is well acquainted with the affairs of the mission in New Zealand. Mr. L. got a situation as clerk in the bank soon after his arrival, in which situation he has given much satisfaction. Should the parent Committee think it prudent to appoint him to any situation as clerk or catechist I believe he would be found faithful and attentive to his duty. The auxiliary committee will write to the Society about him. I beg to refer your Committee to the Revd. Dr. Dealtry, who knows his family.

[Image of page 720]

1834 Sept. 25.

Man-of-war sent to New Zealand.

Natives desire missionaries.

Missionaries perfectly safe.

You will probably hear that there has been some serious disturbances between the Europeans and the natives, and some lives have been lost. The Government have sent a man-of-war and another small vessel to New Zealand to settle the differences, if they can. I suspect some of the Europeans have been behaving ill to the natives, which has excited them to acts of violence. Twelve Europeans were killed, and about the same number taken prisoners, with the captain's wife and two children. The vessel belonged to this colony, and was driven on shore in a gale of wind, and wrecked.

The disturbance happened on the west side, near Mount Egmont, far from any of the missionary stations. I have had some chiefs with me lately, begging for missionaries. They told me wars would never cease amongst them unless they had some missionaries. They then would live in peace. The merchants and the Government should aid the Society in this great work. New Zealand will be a place for our whalers and other ships if they are (I mean the natives) treated with common civility. If they are not they will take their own redress.

A man-of-war and a smaller vessel are gone to New Zealand to recover the Europeans who were taken prisoners by the natives. How the matter will end I cannot say. There is nothing to be apprehended to be done by the natives to the missionaries. I am confident they will be perfectly safe. Since I began my letter a chief and his wife have arrived from the South Cape, and are with me. His object is to get a missionary to reside at his settlement. I introduced him to the Governor, in order that he might tell his own story. The Governor received them very kindly, which gave them great satisfaction. I intimated to His Excellency that the Government and merchants ought to assist the Society with means to supply the natives of New Zealand with instruction, as that island promises to be of such great importance to N. S. Wales and the whale fishery. The Governor promised the chief some presents of several articles he wanted.... The chief... told me he wanted no guns; he wanted missionaries....

I remain, &c,

1837 March 27.

[Church Missionary House.


Dear SIR, -- March 27th, 1837.

* * * *

I resolved to visit New Zealand as soon as I could... but I could not hire any clergyman to do my duty, as there were

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1837 March 27.

Mr. Bobart undertook his duties.

Marsden embarked for New Zealand on the 7th February.

Stayed thirteen days at Okeanga.

Carried twenty miles by natives.

Peace and quietness at Waimate.

State of European settlement.

none in the colony who could leave their parish. At length the Revd. Mr. Bobart arrived, on his way to England, in a very weak and feeble state of health. He came and resided at the parsonage with me, and began gradually to recover strength. I told him I wished to go to New Zealand, if he thought he could do my duty until my return, or at least be an assistant to the Revd. Mr. Forrest during my absence. Mr. Forrest would take the laborious duty. To this proposition Mr. Bobart agreed. I applied to the Bishop for leave of absence, which I obtained. I agreed to allow Mr. Bobart £100 per annum and to live in my family until my return. I left him very weak, but Mr. Forrest will relieve him all he can. On the 7th of February I embarked on board the Pyramus, a very fine ship, which was going to the west side of N. Zealand for spars. As I was very weak and feeble I took with me one of my daughters to assist me. I purposed to cross by land from the west side of the island to the east.

On the 23rd we crossed the bar of Okanga River. The sea broke awfully upon the bar. The captain was much alarmed, as we had no pilot, and were in great danger of being overwhelmed by the heavy violent waves constantly breaking about the vessel, and one rolled upon deck. Through the Divine Protection we escaped a watery grave. After we crossed the bar we came to anchor for the night. Next morning we proceeded up the river, and came to anchor again near the Wesleyan missionary station, when I went on shore and visited the Revd. Mr. Turner, whom I had formerly known. I remained here 13 days. Saw many of the chiefs whom I had formerly known. I found many were enquiring after the Saviour, and a large number attended public worship.... When I left Okeanga a number accompanied me, upwards of 70. Some met us from Waimati. We had to travel about 40 miles by land and water. The road lay through a very thick wood. The natives carried me on something like a hummock for 20 miles. We reached Waimati as the sun went down, where we were kindly received by the Revd. William Williams and colleagues. One principal chief who has embraced the Gospel, and has been baptized, accompanied us all the way. He told me he was so unhappy at Okianga; that he could not get to converse with me from the crowds that attended; that he had come to Waimate to speak with me.... The schools and church are well attended, and the greatest order is observed amongst all classes. On the opposite side of the harbour a number of Europeans are settled along with the natives. Several Europeans keep public houses, and encourage every kind of crime. Here drunkenness, adultery, murder, &c, are committed. There are no laws, Judges, or Magistrates, so that

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1837 March 27.

Satan maintains his dominion without molestation. Some civilized Government must take New Zealand under its protection, or the most dreadful evils will be committed from runaway convicts and sailors and publicans. There are no laws here to punish crimes. When I return to N. S. Wales I purpose to lay the state of New Zealand before the Colonial Government, to see if anything can be done to remedy these public evils. From weakness and want of light I cannot write correctly.

I remain, &c,

May 25.

Death of Rev. R. Hill.

His loss much felt in the colony.

Voyage to New Zealand beneficial to his health.

Baron de Thierry going to New Zealand.

[Church Missionary House.


DEAR SIR, -- Parramatta, May 25th, 1837.

I received your letter this day with the duplicates of former documents, accompanied by the late Rev. R. Hill's account. Mr. Hill died about a year since, and left his private accounts in a very unsettled state. It will be about 14 months from this period before his private affairs can be arranged, on account of his will.... His income was equal to £600 per annum, and he had no family. He has left a poor afflicted wife.... He was a pious and labourious minister, and his loss is much felt in the colony. We are greatly distressed for clergy. I am very old and infirm, and my eyes have greatly failed me. It is with difficulty I can write at all.

I informed you in my last letter of my visit to New Zealand. I was very feeble when I left Port Jackson, and I was strongly urged not to go, but... I felt it my imperious duty to visit New Zealand again, and see what state the mission was in. Both the Wesleyan missionaries, as well as the Church and the natives, everywhere received me most cordially. I was happy with them and they with me. My voyage was very beneficial to my health. More missionaries are wanted.... I recommended the missionaries to teach the native children the English language, as this in my judgment would contribute much to their advancement in civilization....

There is a Frenchman (he says he is related to the late Royal family) now at Port Jackson, who is on his way to N Z. He is going to take possession of 40,000 acres of land purchased from the late Thomas Kendall when he was in London. His name is Barron De Teirny. He expects to do great things there. Whether he will give the missionaries any trouble or no I know not. I shall write to put them on their guard. I have had an interview with the Barron, and shall see him again before he sails. He tells me he purchased for the purpose of

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1837 May 25.

improving the natives of N. Z. I fear he will be greatly disappointed in the end. I merely write these few lines in case my former letter should not have arrived. I fear you will not be able to make out my writing; I am so blind. I beg my best respects to the Committee. I put the Committee to no expense in my voyage to New Zealand. It was an act of my own, and therefore I felt myself bound to pay all expense to and from New Zealand.

I remain, &c.,
D. Coates, Esq.

Aug. 11.

His visit to New Zealand.

British Resident there has no authority.

[Church Missionary House.


Dear SIR,-- Parramatta, August 11th, 1837.

The last year has been very trying to me, and almost more than I could support.... I determined to visit the Bay of Islands and other missionary stations upon that island, and see what state the missionaries were in, and applied to the Governor for leave of absence, and obtained His Excellency's sanction. A ship named the Pyramus sailed from Sydney Cove for the west side of N. Zealand; in her I took my passage, and on the vessel arriving at Okinga I crossed overland to the Bay of Islands.... The natives as well as the missionaries were greatly rejoiced to see me.... You are aware there are no laws in N. Zealand; there is no king. They feel the want of this, and they cannot make a king from their own chiefs, as every chief would think himself degraded if he should be put under the authority of a chief of their own. There is a British Resident there, but he has no authority to act. Why he is stationed there without powers I cannot tell....

I wished to visit all the stations, but the stormy weather was against me. I visited at the Thames, and some of the missionaries there. From the Thames I proceeded to Cloudy Bay and Cook's Straits. A missionary is wanted in Cook's Straits. I was informed there were 1,500 natives in the Straits. Besides natives, there are se [torn out] Europeans settled in the Straits and at C [torn out] Bay. Cloudy Bay is not less than 700 miles from the Bay of Islands. I would have landed at the different stations of the east side to the south of the Thames, but could not. The weather was very stormy.... When I visited the North Cape I found that mission in a very prosperous state. The place was becoming in every respect like an European settlement. The natives working as sawyers and carpenters, &c, &c.

I shall now conclude, as my eyes are bad.

[Image of page 724]

1837 Aug. 18.

Bishop Broughton willing to visit New Zealand.

Rev. Mr. Taylor succeeded to Rev. R. Hill.

[Church Missionary House.


REVD. SIR, -- Parramatta, Augt. 18th, 1837.

I communicated to Bishop Broughton the request of your Committee that His Lordship would visit N. Zealand. He showed his readiness to meet the wishes of your Committee to the utmost of his power. As His Lordship will write to you by this conveyance I need say no more upon the subject.

The sudden death of the Revd. R. Hill left the largest church and the most populous parish in the colony without a clergyman. I therefore detained the Revd. Mr. Taylor for the present in this colony, until the arrival of a clergyman from England. I wrote for an assistant for myself some time ago, but none has arrived. The Bishop has also written for clergy. Mr. Taylor while here will be no expense to the Society.

It would be desirable that your Committee send out a clergyman to reside at Sydney, in order that he may carry on all the correspondence between your Committee and the corresponding committee here and at N. Zealand--a good pious man. The Bishop has promised he will ensure him a salary of £200 per annum from Government and a free passage. Should one come out for the above purpose, perhaps it would be as well not to appoint him a member of the corresponding committee. Let him be a gentleman equal to the duties.

I am now upwards of 70 years old; my eyes are dim with age; it is with difficulty I can write a word; you must therefore excuse all errors.

I remain, &c,
Revd. M. Jowett.

Dec. 17.

Baron de Thierry arrives at Hokianga.

An anonymous host.


Mount Isabel, Hokianga, N. Z., 17 Dec, 1837.


I arrived here on the 4th ultimo, and received the compliment of a salute of 21 guns from the ships in the river, which were dressed out in their colours, a compliment quite unexpected, and which augured those good feelings which I had every reason to hope would lead to the speedy establishment of order and prosperity in this interesting part of New Zealand. -----, with feigned sincerity, offered me the use of his establishment for myself and followers, and we repaired to his habitation, where for three or four days there was that warmth on his part which impressed me with a conviction that he was a different person than had been represented to me in Sydney and on my arrival

[Image of page 725]


1837 Dec. 17.

Claim to his territories opposed.

Land at last obtained.

Settlement begun at Mount Isabel.

Emigrants induced to desert.

here. I was soon to discover my error. After assembling some of the native chiefs I found my claim to my territories warmly opposed, under the influence of some of the white residents. The Wesleyan missionaries had purchased a portion of my lands over me, and Mr. Russell and Captain Young had also purchased, in full knowledge of my previous claim. The natives were thus induced to say that they fully acknowledged having signed the deed obtained for me by Mr. Kendall, but that they did not receive the 36 axes mentioned in it. They however acknowledged having at a later period received 24 Sydney axes, but none of those which I sent by Mr. Kendall as part of the £800 property which I entrusted to his care. The white residents declare their belief that I gave that amount to Mr. Kendall, since many remember his telling them of his having received the property from me; they also grant that the deed was actually signed on board the ship Providence, as witnessed by Captain Herd; but yet their own interests induce them to refuse me that possession to which I am so justly entitled. Nene (now called Thomas Walker) at length agreed to give me possession of a district, part of which had been re-purchased by Captain Young, who acceded to the arrangement on condition of receiving £100 to withdraw his pretensions. A few days after landing I took some of my men to the land, where I purchased a large native hut for them, and commenced erecting a temporary house on a fine commanding elevation, which I named after my little daughter. During my absence from -----'s place, he began the most diabolical tissue of false representations, and seduced the greater part of my emigrants from my service. He offered to find them in provisions for twelve months, to build them good residences, to give them lands and furnish them with oxen to plough them. Two or three deserted at a time in defiance of their written contracts. Each individual was to have repaid me his passage money, and that of his wife and children, if he left my employ before the expiration of twelve months, but-told them that they "might snap their fingers" at me, for that there was no law in New Zealand. He employed my boat-builder to repair his boats, my painter in painting his long boat, my tailor in making clothes, &c., and without permission or compunction appropriated all those to his service whom I had brought at such heavy cost for my own. He then demanded of me provisions for the families of the deserters, which I of course refused, and wrote me the most impudent letter, taunting me with being an oppressor, whose aim was "to grind the hungry into submission." Most undoubtedly I refused to be at the expense of feeding the families of those who had deserted, and were employed by him. Thanks to this...

[Image of page 726]

1837 Dec. 17.

Several acres ready for planting.

Trial by jury introduced.

Difficulty of establishing law and order.

High opinion of the Maoris.

and plausible man, I have been left without carpenters to erect my houses; without blacksmiths to work the iron I brought with me, and I am reduced to the necessity of employing my farming men as rough carpenters. -----'s aim was the frustration of my expedition, but he has failed. I have a few men remaining who are faithful, and having already gained the confidence and affection of the natives, whom I treat in all respects as white men, I have a sufficiency of laborers. My white farming men have already done what had never before been accomplished in New Zealand--they have broken up and dressed off several acres of land, now ready to receive the corn and potatoes. I have cleared a road upwards of a mile long, and about twenty feet broad, and have cut two other smaller roads. We have a house and outbuildings. I have sunk a deep well, and have given this previously wild place a civilised appearance.

I have done more than all this, however. I availed myself of the opportunity afforded by the loss of a few bars of soap to introduce for the first time in this country trial by jury, and the natives have since promised to resort to this mode of trial in future, within my territories, instead of the club-law system now in vogue with the whites. I am glad to have it in my power to say that many of the respectable residents here are friendly to the idea of establishing a code of laws and acknowledging some form of civilised government, but something still lurks behind which they cannot at present conquer--there is evidently, though they do not tell me so, a shyness at accepting a stranger as the leader of the community, and yet they know full well that honest and intelligent as many may be, and undoubtedly are, there is not at present another person here whose experience and qualifications fit him for the office. Captain McDonnell, who was at a former period "additional British Resident," and who has declared to me that his instructions were full and explicit on the subject, says that "there is but one king in New Zealand," and that king is the King of England. This I do not hesitate to deny. I am an Englishman at heart, but the study of my life will be to support the independence of New Zealand under some civilised ruler, be he who he may, and to save this fine people from the degradation and destruction which would inevitably follow its subjection to the British Crown. Good as my opinion has ever been of the New Zealanders, it is greatly improved by a closer connexion with them: they are mere children it is true, but they are gifted with kind and friendly feelings, and I find them both intelligent and trustworthy, and that they are willing to work cannot be better proved than by the greater portion of labour which in a few brief weeks has been done on this place. The greatest bar to

[Image of page 727]

1837 Dec. 17.

Self-government quite impossible.

£200 passage money lost by deserters.

their improvement is the blanket, which they prefer to other garments because they are poor and unprovided, and it serves them for clothing by day and covering by night. If properly paid, and receiving a fair remuneration for their labour, they would soon be supplied with covering for the night and proper clothing for their persons; it is their incessant aim, and I find that those who possess a few articles of dress wear them till they no longer hold together. They all look with great anxiety to the introduction of money amongst them, and it is to be hoped that it may ere long be brought into circulation, which will enable them to work for pay, and purchase those articles which they require. As for the idea that the most civilised of the New Zealanders are in a fit condition to govern themselves, it is perfectly ridiculous--their perfect ignorance of worldly affairs renders self-government quite unintelligible to them, and would subject them to all the dangers to which the uneducated and ignorant are subject. The country abounds with natural resources--the timber is magnificent, and I am surrounded by thousands of acres ready for the plough. On my own lands I have shell for lime, abundance of fine timber, stone enough to erect houses for centuries to come, fine gravel for roads, river sand for mortar, clay for bricks, and potters' clay for earthenware, abundance of clear land and delicious water. Of the climate I can say nothing as yet; to one who has spent a few years in the tropics it is pleasant by day but uncomfortably cold at night.

I have lost about £200 passage money by deserters, and the conduct of Mr. ----- and Mr. -----, his son-in-law, has been most shameful, as it unites at once duplicity, dishonesty, and ingratitude. I gave cabin passage to Mr. -----, including Mr. and Mrs. -----, and supplied them with about £20 worth of clothing, &c, previous to their departure. I refer to my landlady in Pitt-street for my conduct to Mr. and Mrs. ----- at a period when they threw themselves unsought upon my hands, and those who may take the trouble to inquire into these particulars will be best able to conceive what must be my feelings at the scandalous conduct which -----'s influence has occasioned towards me. Some of the deserters are returning to Sydney, without permission or paying me what they owe me; it is very probable that they may make out their own version, and endeavour to bring discredit on my establishment; in this respect they may do as they please. Those who witness what I have already done in this country, and who have it in their power to ascertain the feelings of the people of New Zealand towards me, will some day or other make known the truth, if this plain statement should fail to establish it. I am about erecting a few comfortable cot-

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1837 Dec. 17.

Cottages erected for future settlers.

tages for the use of persons who may come to join me, and shall feel happy in promoting the welfare of such as may be willing to join me. The Rev. Mr. Marsden foretold with prophetic truth what has happened with the bulk of my emigrants, and had his advice to me been given before I had engaged to take them I would have saved much money and still more vexation by trusting my first efforts chiefly to the New Zealanders, and leaving to Sydney the unprincipled people whom I was unfortunate enough to bring away.

I remain, &c,

1838 Feb. 18.


DEAR SIR, -- Parramatta, February 18, 1838.

* * * *

I have some intention of visiting New Zealand again, if my health will permit. I am very weak and feeble, and cannot preach now to regular congregation, but can only visit the hospital and prison gangs and the sick in their homes. My eyes are very dim with age. I have now been appointed chaplain to N. S. Wales forty-five years, and have gone through many toils and hardships, and have often to contend with unreasonable and wicked men's power. I have gone through many dangers by land and by water, and amongst the heathens, and amongst my own countrymen in New South Wales, and have both suffered shipwreck and robbery, but the Lord in His mercy at all times delivered me....

I remain, &c,
D. Coates, Esq.

April 26.


DEAR SIR, -- Parramatta, April 26, 1838.

* * * *

I have wished for some time to pay another visit to New Zealand, but I have been very unwell, and not able to preach in my church, and am still weak and feeble. My eyes are dim with age, being now upwards of seventy years old. It will be a great gratification to me to visit New Zealand once a year, as well as to the missionaries.... Mr. Bobart is doing my duty, and I pay him his salary. Government allow him nothing. Mr. Bobart is married to one of my daughters. Mr. Bobart is a

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1838 April 26.

man of a weak constitution, and is not suited to a savage nation; he is very useful in my parish, and much approved by the inhabitants. I have now been appointed as chaplain to N. S. Wales upwards of 45 years, since the 1st day of January, 1793 (forty-five years), and I now feel my strength perfect weakness. ... I am not able to preach in the church; my eyes are very dim; it is with difficulty I can read or write; you must therefore excuse my errors. I mentioned this in the former part of this letter. I have an intention to visit the missionaries in New Zealand if my strength will permit.

I remain, &c,
Mr. D. Coates.

1839 Aug. 15.

14th August, 1839.

15th August, 1839.


(No 118) New Zealand.

SIR,-- Downing Street, 15th August, 1839.

I transmit, for your information and guidance, the copy of instructions which I have addressed to Captain Hobson, of Her Majesty's navy, on his embarkation to assume the government of the British settlements in progress in New Zealand. Those instructions leave me nothing to add in addressing yourself on the same occasion, beyond the expression of my confident belief that you will afford to Captain Hobson and to Her Majesty's Government, on this occasion, the full benefit of all the knowledge and experience which you have gained during your long course of public service, and that you and the members of the Legislative Council of New South Wales will cheerfully undertake those additional duties which Her Majesty has thus been pleased to commit to you and to them.

I have, &c,
Governor Sir George Gipps, &c, &c.

[Enclosure No. 1.]


(No. 1.)

SIR, -- Downing Street, 14th August, 1839.

Your appointment to the office of Her Majesty's Consul at New Zealand having been signified to you by Viscount Palmerston, and His Lordship having conveyed to you the usual instructions for your guidance in that character, it remains for me to address you on the subject of the duties which you will

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1839 Aug. 15.

be called to discharge in a separate capacity, and under my own official superintendence.

The acquaintance which your service in Her Majesty's navy has enabled you to obtain with regard to the state of society in New Zealand relieves me from the necessity of entering on any explanation on that subject. It is sufficient that I should generally notice the fact that a very considerable body of Her Majesty's subjects have already established their residence and effected settlements there, and that many persons in this Kingdom have formed themselves into a society, having for its object the acquisition of land and the removal of emigrants to those islands.

Her Majesty's Government have watched these proceedings with attention and solicitude. We have not been insensible to the importance of New Zealand to the interests of Great Britain in Australia, nor unaware of the great natural resources by which that country is distinguished, or that its geographical position must, in seasons either of peace or war, enable it in the hands of civilised men to exercise a paramount influence in that quarter of the globe. There is probably no part of the earth in which colonization could be effected with a greater or surer prospect of national advantage.

On the other hand, the Ministers of the Crown have been restrained by still higher motives from engaging in such an enterprise. They have deferred to the advice of the Committee appointed by the House of Commons in the year 1836 to enquire into the state of the aborigines residing in the vicinity of our colonial settlements, and have concurred with that Committee in thinking that the increase of national wealth and power promised by the acquisition of New Zealand would be a most inadequate compensation for the injury which must be inflicted on this Kingdom itself by embarking in a measure essentially unjust, and but too certainly fraught with calamity to a numerous and inoffensive people, whose title to the soil and to the sovereignty of New Zealand is indisputable, and has been solemnly recognised by the British Government. We retain these opinions in unimpaired force, and though circumstances entirely beyond our control have at length compelled us to alter our course, I do not scruple to avow that we depart from it with extreme reluctance.

The necessity for the interposition of the Government has, however, become too evident to admit of any further inaction. The reports which have reached this office within the last few months establish the facts that about the commencement of the year 1838 a body of not less than two thousand British subjects had become permanent inhabitants of New Zealand; that

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1839 Aug 15.

amongst them were many persons of bad or doubtful character-- convicts who had fled from our penal settlements or seamen who had deserted their ships--and that these people, unrestrained by any law, and amenable to no tribunals, were alternately the authors and victims of every species of crime and outrage. It further appears that extensive cessions of land have been obtained from the natives, and that several hundred persons have recently sailed from this country to occupy and cultivate those lands. The spirit of adventure having been effectually roused, it can be no longer doubted that an extensive settlement of British subjects will be rapidly established in New Zealand, and that unless protected and restrained by necessary laws and institutions, they will repeat unchecked in that quarter of the globe the same process of war and spoliation under which uncivilised tribes have almost invariably disappeared, as often as they have been brought into the immediate vicinity of emigrants from the nations of Christendom. To mitigate, and, if possible, to avert these disasters, and to rescue the emigrants themselves from the evils of a lawless state of society, it has been resolved to adopt the most effective measures for establishing amongst them a settled form of civil government. To accomplish this design is the principal object of your mission.

I have already stated that we acknowledge New Zealand as a sovereign and independent State, so far at least as it is possible to make that acknowledgment in favor of a people composed of numerous dispersed and petty tribes, who possess few political relations to each other, and are incompetent to act or even to deliberate in concert. But the admission of their rights, though inevitably qualified by this consideration, is binding on the faith of the British Crown. The Queen, in common with Her Majesty's immediate predecessor, disclaims for herself and her subjects every pretension to seize on the Islands of New Zealand, or to govern them as a part of the dominions of Great Britain, unless the free and intelligent consent of the natives, expressed according to their established usages, shall be first obtained. Believing, however, that their own welfare would, under the circumstances I have mentioned, be best promoted by the surrender to Her Majesty of a right now so precarious, and little more than nominal, and persuaded that the benefits of British protection and of laws administered by British Judges would far more than compensate for the sacrifice by the natives of a national independence which they are no longer able to maintain, Her Majesty's Government have resolved to authorise you to treat with the aborigines of New Zealand for the recognition of Her Majesty's sovereign authority over the whole or any part of those islands which they may be willing

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1839 Aug. 15.

to place under Her Majesty's dominion. I am not unaware of the difficulties by which such a treaty may be encountered. The motives by which it is recommended are of course open to suspicion. The natives may probably regard with distrust a proposal which may carry on the face of it the appearance of humiliation on their side and of a formidable encroachment on ours; and their ignorance even of the technical terms in which that proposal must be conveyed may enhance their aversion to an arrangement of which they may be (?) comprehend the exact meaning or the probable results. These, however, are impediments to be gradually overcome by the exercise on your part of mildness, justice, and perfect sincerity in your intercourse with them. You will, I trust, find powerful auxiliaries amongst the missionaries, who have won and deserved their confidence; and amongst the older British residents, who have studied their character and acquired their language. It is almost superfluous to say that, in selecting you for the discharge of this duty, I have been guided by a firm reliance on your uprightness and plain dealing. You will, therefore, frankly and unreservedly explain to the natives, or their chiefs, the reasons which should urge them to acquiesce in the proposals you will make to. them. Especially, you will point out to them the dangers to which they may be exposed by the residence amongst them of settlers amenable to no laws or tribunals of their own, and the impossibility of Her Majesty extending to them any effectual protection, unless the Queen be acknowledged as the Sovereign of their country, or at least of those districts within or adjacent to which Her Majesty's subjects may acquire lands or habitations. If it should be necessary to propitiate their consent by presents, or other pecuniary arrangements, you will be authorised to advance at once to a certain extent in meeting such demands, and beyond those limits you will refer them for the decision of Her Majesty's Government.

It is not, however, to the mere recognition of the sovereign authority of the Queen that your endeavours are to be confined, or your negotiations directed. It is further necessary that the chiefs should be induced, if possible, to contract with you, as representing Her Majesty, that henceforward no lands shall be ceded, either gratuitously or otherwise, except to the Crown of Great Britain. Contemplating the future growth and extension of a British colony in New Zealand, it is an object of the first importance that the alienation of the unsettled lands within its limits should be conducted from its commencement upon that system of sale of which experience has proved the wisdom, and the disregard of which has been so fatal to the prosperity of other British settlements. With a view to those interests it is ob-

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1839 Aug. 15.

viously the same thing whether large tracts of land he acquired by the mere gift of the Government or by purchases effected on nominal considerations from the aborigines. On either supposition the land revenue must be wasted, the introduction of emigrants delayed or prevented, and the country parcelled out amongst large land holders, whose possession must long remain an unprofitable or rather a pernicious waste. Indeed, in the comparison of the two methods of acquiring land gratuitously, that of grants from the Crown, mischievous as it is, would be the less inconvenient, as such grants must be made with at least some kind of system, with some degree of responsibility, subject to some conditions, and recorded for general information. But in the case of purchases from the natives, even these securities against abuse must be omitted, and none could be substituted for them. You will, therefore, immediately on your arrival announce, by a Proclamation, addressed to all the Queen's subjects in New Zealand, that Her Majesty will not acknowledge as valid any title to land which either has been or shall hereafter be acquired in that country which is not either derived from or confirmed by a grant to be made in Her Majesty's name and on her behalf. You will, however, at the same time take care to dispel any apprehensions which may be created in the minds of the settlers that it is intended to dispossess the owners of any property which has been acquired on equitable conditions, and which is not upon a scale which must be prejudicial to the latent interests of the community.

Extensive acquisitions of such lands have undoubtedly been already obtained; and it is probable before your arrival a great addition will have been made to them. The embarrassments occasioned by such claims will demand your earliest and most careful attention.

I shall in the sequel explain the relation in which the proposed colony will stand to the Government of New South Wales. From that relation I propose to derive the resource necessary for encountering the difficulty I have mentioned. The Governor of that colony will, with the advice of the Legislative Council, be instructed to appoint a Legislative Commission to investigate and ascertain what are the lands in New Zealand held by British subjects under grants from the natives; how far such grants were lawfully acquired and ought to be respected; and what may have been the price or other valuable consideration given for them. The Commissioners will make their report to the Governor, and it will then be decided by him how far the claimants, or any of them, may be entitled to confirmatory grants from the Crown, and on what conditions such confirmations ought to be made.

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1839 Aug. 15.

The propriety of immediately subjecting to a small annual tax all uncleared lands within the British settlements in New Zealand will also engage the immediate attention of the Governor and Council of New South Wales. The forfeiture of all lands in respect of which the tax shall remain for a certain period in arrear would probably before long restore to the demesne of the Crown so much of the waste land as may be held unprofitably to themselves and the public by the actual claimants.

Having by these measures obviated the dangers of the acquisition of large tracts of country by mere land jobbers, it will be your duty to obtain, by fair and equal contracts with the natives, the cession to the Crown of such waste lands as may be progressively required for the occupation of settlers resorting to New Zealand. All such contracts should be made by yourself, through the intervention of an officer expressly appointed to watch over the interests of the aborigines as their Protector. The resales of the first purchases that may be made will provide the funds necessary for future acquisitions, and beyond the original investment of a comparatively small sum of money, no other resource would be necessary for this purpose. I thus assume that the price to be paid to the natives by the local Government will bear an exceedingly small proportion to the price for which the same lands will be resold by the Government to the settlers; nor is there any real injustice in this inequality. To the natives, or their chiefs, much of the land of the country is of no actual use, and in their hands it possesses scarcely any exchangeable value. Much of it must long remain useless, even in the hands of the British Government also, but its value in exchange will be first created, and then progressively increased by the introduction of capital and of settlers from this country. In the benefits of that increase the natives themselves will gradually participate.

All dealings with the aborigines for their lands must be conducted on the same principles of sincerity, justice, and good faith as must govern your transactions with them for the recognition of Her Majesty's sovereignty in the islands. Nor is this all: they must not be permitted to enter into any contracts in which they might be ignorant and unintentional authors of injuries to themselves. You will not, for example, purchase from them any territory the retention of which by them would be essential or highly conducive to their own comfort, safety, or subsistence. The acquisition of land by the Crown for the future settlement of British subjects must be confined to such districts as the natives can alienate without distress or serious inconvenience to themselves. To secure the observance of this rule will be one of the first duties of their Official Protector.

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1839 Aug. 15.

There are yet other duties owing to the aborigines of New Zealand, which may be all comprised in the comprehensive expression of promoting their civilisation, understanding by that term whatever relates to the religious, intellectual, and social advancement of mankind. For their religious instruction, liberal provision has already been made by the zeal of the missionaries and of the missionary societies in this Kingdom, and it will be at once the most important and the most grateful of your duties to this ignorant race of men to afford the utmost encouragement, protection, and support to their Christian teachers. I acknowledge also the obligation of rendering to the missions such pecuniary aid as the local Government may be able to afford, and as their increased labours may reasonably entitle them to expect. The establishment of schools for the education of the aborigines in the elements of literature will be another object of your solicitude; and until they can be brought within the pale of civilised life, and trained to the adoption of its habits, they must be carefully defended in the observance of their own customs, so far as these are compatible with the universal maxims of humanity and morals. But the savage practices of human sacrifice and cannibalism must be promptly and decisively interdicted; such atrocities, under whatever plea of religion they may take place, are not to be tolerated in any part of the dominions of the British Crown.

It remains to consider in what manner provision is to be made for carrying these instructions into effect, as for the establishment and exercise of your authority over Her Majesty's subjects who may settle in New Zealand, or who are already resident there. Numerous projects for the establishment of a Constitution for the proposed colony have at different times been suggested to myself and my immediate predecessor in office, and during the last session of Parliament a Bill for the same purpose was introduced into the House of Commons, at the instance of some persons immediately connected with the emigrations then contemplated. The same subject was carefully examined by a Committee of the House of Lords. But the common result of all inquiries, both in this office and in either House of Parliament, was to show the impracticability of the schemes proposed for adoption, and the extreme difficulty of establishing at New Zealand any institutions, legislative, judicial, or fiscal, without some more effective control than could be found amongst the settlers themselves in the infancy of their settlement. It has, therefore, been resolved to place whatever territories may be acquired in sovereignty by the Queen in New Zealand in the relation of a dependency to the Government of New South Wales. I am, of course, fully aware of the objections which may

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1839 Aug. 15.

30th May, 1339.

4th June, 1839.

Commission. Warrant.

be reasonably urged against this measure, but after the most ample investigation I am convinced that for the present there is no other practicable, course which would not be opposed by difficulties still more considerable, although I trust that the time is not distant when it may be proper to establish in New Zealand itself a local legislative authority.

In New South Wales there is a Colonial Government possessing comparatively long experience, sustained by a large revenue, and constituted in such a manner as is best adapted to enable the legislative and executive authorities to act with promptitude and decision. It presents the opportunity of bringing the internal economy of the proposed new colony under the constant revision of a power sufficiently near to obtain early and accurate intelligence, and sufficiently remote to be removed from the influence of the passions and prejudices by which the first colonists must in the commencement of their enterprise be agitated. It is impossible to confide to an indiscriminate body of persons, who have voluntarily settled themselves in the immediate vicinity of the numerous population of New Zealand, those large and irresponsible powers which belong to the representative system of colonial government. Nor is that system adapted to a colony struggling with the first difficulties of their new situation. Whatever may be the ultimate form of government to which the British settlers in New Zealand are to be subject, it is essential to their own welfare, not less than that of the aborigines, that they should at first be placed under a rule which is at once effective, and to a considerable degree external.

The proposed connexion with New South Wales will not, however, involve the extension to New Zealand of the character of a penal settlement. Every motive concurs in forbidding this, and it is to be understood as a fundamental principle of the new colony that no convict is ever to be sent thither to undergo his punishment.

The accompanying copy of my correspondence with the Law Officers of the Crown will explain to you the grounds of law on which it is concluded that by the annexation of New Zealand to New South Wales the powers vested by Parliament in the Governor and Legislative Council of the older settlement might be exercised over the inhabitants of the new colony. The accompanying Commission under the great seal will give effect to this arrangement, and the warrant which I enclose, under Her Majesty's sign manual, will constitute you Lieutenant-Governor of that part of the New South Wales Colony which has thus been extended over the New Zealand Islands. These instruments you will deliver to Sir George Gipps, who, on your proceeding to New Zealand, will place them in your hands to be published

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1839 Aug. 15.

there. You will then return it to him, to be deposited among the archives of the New South Wales Government.

In the event of your death or absence, the officer administering the Government of New South Wales will provisionally, and until Her Majesty's pleasure can be known, appoint a Lieutenant-Governor in your place, by an instrument under the public seal of his Government.

It is not for the present proposed to appoint any subordinate officers for your assistance. That such appointments will be indispensable is not indeed to be doubted. But I am unwilling at first to advance beyond the strict limits of the necessity which alone induces the Ministers of the Crown to interfere at all on this subject. You will confer with Sir George Gipps as to the number and nature of the official appointments which would be made at the commencement of the undertaking, and as to the proper rate of their emoluments. These must be fixed with the most anxious regard to frugality in the expenditure of the public resources. The selection of the individuals by whom such offices are to be borne must be made by yourself from the colonists either of New South Wales or New Zealand, but upon the full and distinct understanding that their tenure of office, and even the existence of the offices which they are to hold, must be provisional and dependent upon the future pleasure of the Crown.

Amongst the offices thus to be created the most evidently indispensable are those of a Judge, a Public Prosecutor, a Protector of Aborigines, a Colonial Secretary, a Surveyor-General of Lands, and a Superintendent of Police; of these, the Judge alone will require the enactment of a law to create and define his functions. The Act now pending in Parliament for the revival, with amendments, of the New South Wales Act will, if passed into a law, enable the Governor and Legislative Council to make all necessary provision for the establishment in New Zealand of a Court of justice and a judicial system separate from and independent of the existing Supreme Court. The other functionaries I have mentioned can be appointed by the Governor in the unaided exercise of the delegated prerogative of the Crown.

Whatever laws may be required for the government of the new colony will be enacted by the Governor and Legislative Council. It will be his duty to bring under their notice such recommendations as you may see cause to convey to him on subjects of this nature.

The absolute necessity of the revenue being raised to defray the expenses of the government of the proposed settlement in New Zealand has not of course escaped my careful attention. Having consulted the Lords of the Treasury on this subject, I

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1839 Aug. 15.

Mr. Stephen to Mr. Spearman, 13th June, 1839.

Enclosures: Colonial Office to Foreign Office, 12th December, 1838; Foreign Office to Colonial Office, 31st December, 1838; Colonial Office to Treasury, 4th July, 1838; Captain Hobson, 24th June, 1838;

have arranged with their Lordships that until the sources of such a revenue shall have been set in action, you should be authorised to draw on the Government of New South Wales for your unavoidable expenditure. Separate accounts, however, will be kept of the public revenue of New Zealand and of the application of it; and whatever debt may be contracted to New South Wales must be replaced by the earliest possible opportunity. Duties of import on tobacco, spirits, wine, and sugar will probably supersede the necessity of any other taxation; and such duties, except on spirits, will probably be of a very moderate amount.

The system at present established in New South Wales regarding land will be applied to all the waste lands which may be kept by the Crown in New Zealand. Separate accounts must be kept of the land revenue, subject to the necessary reductions for the expense of surveys and management, and for the improvement by roads and otherwise of the unsold territory, and subject to any deductions which may be required to meet the indispensable exigencies of the local government. The surplus of this revenue will be applicable, as in New South Wales, to the charge of removing emigrants from this Kingdom to the new colony.

The system established in New South Wales to provide for the religious instruction of the inhabitants has so fully justified the policy by which it was dictated that I could suggest no better means of providing for this all-important object in New Zealand. It is, however, gratifying to know that the spiritual wants of the settlers will, in the commencement of the undertaking, be readily and amply provided for by the missionaries of the Established Church of England and of other Christian communions, who have been so long settled in those islands. It will not be difficult to secure for the European inhabitants some portion of that time and attention which the missionaries have hitherto devoted exclusively to the aborigines.

I enclose, for your information and guidance, copies of a correspondence between this Department and the Treasury, referring you to Sir George Gipps for such additional instruction as may enable you to give full effect to the views of Her Majesty's Government on the subject of finance. You will observe that the general principle is that of maintaining in the proposed colony a system of revenue, expenditure, and account entirely separate from that of New South Wales, though corresponding with it as far as that correspondence can be maintained.

The accompanying volume of Rules and Regulations for the Colonial Service will place you in possession of many details for the guidance of your official conduct. You will, however, understand that so much of that volume as relates to correspond-

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1839 Aug. 15.

Treasury to Colonial Office, 22nd June, 1838; Ditto, 24th June, 1838.

ence with this Department will not be strictly applicable to your situation. Your correspondence with myself will, as far as may be practicable, be carried on through the Governor of New South Wales. You will, in fact, be one of the officers of that Government; and you will apply to the head of it for instructions in all those cases in which he would himself address a similar reference to Her Majesty's Government in this country. This rule, however, is not to be so strictly construed as to prevent your transmitting to me direct reports of every occurrence of which Her Majesty's Government should be informed as often as opportunities may occur of communicating with this country more rapidly than such communications could be made through Sydney, and whenever the occasion shall appear to you of sufficient importance to justify this deviation from the general rule. It will, however, be your duty to transmit to the Governor copies of all despatches which you may thus address directly to this office. He will also convey to me transcripts of all his correspondence with you by the first opportunity which may present itself after any branch of that correspondence has reached its close.

I have thus attempted to touch on all the topics on which it seems to me necessary to address you on your departure from this country. Many questions have been unavoidably passed over in silence, and others have been adverted to in a brief and cursory manner, because I am fully impressed with the conviction that in such an undertaking as that in which you are about to engage much must be left to your own discretion, and many questions must occur which no foresight could anticipate or properly resolve beforehand. Reposing the utmost confidence in your judgment, experience, and zeal for Her Majesty's service, and aware how powerful a coadjutor and how able a guide you will have in Sir George Gipps, I willingly leave for consultation between you many subjects on which I feel my own incompetency at this distance from the scene of action to form an opinion.

I have, &c,
Captain Hobson, &c, &c.

[Enclosure No. 2.]


SIR,-- Downing Street, 30th May, 1839.

Circumstances have recently occurred which impose on Her Majesty's Government the necessity of establishing some system for governing the numerous body of British subjects

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who have taken up their abode in the New Zealand Islands, and who are still repairing thither.

It is proposed to obtain from the chiefs of New Zealand the cession in sovereignty to the British Crown of the territories which have been, or which may be, acquired by Her Majesty's subjects by proprietary titles, derived from the grants of the different chiefs. It is further desired, if possible, to add the sovereignty thus obtained to the Colony of New South Wales as a dependency, in the same manner as Norfolk Island, which is nearly equidistant from Port Jackson, and is now a dependency of the same colony. This arrangement, however, proceeds on the assumptions--first, that it is competent to the Crown thus to enlarge the limits of the colony; and secondly, that the authority of the Legislative Council established under the statute 9, Geo. IV, c. 83, would be extended to the settlements in New Zealand so soon as any such annexation should have been made. The accompanying draft of a new Commission to the Governor of New South Wales has been framed on these assumptions. I have to request that you and Mr. Solicitor-General would consider and report to me your joint opinion whether it would be lawful for Her Majesty to annex to the Colony of New South Wales any territory in New Zealand of which the sovereignty might be acquired by the British Crown, and whether the Legislative authority of the Governor and Council of New South Wales could then be exercised over the British subjects inhabitating that territory, and whether the accompanying draft is properly framed to give effect to these intentions.

I am, &c,
To Mr. Attorney-General.
[A similar letter to Mr. Solicitor-General.]

Mr. Stephen, 12th December, 1838;

Mr. Backhouse, 31st December, 1838.

[Enclosure No. 3.]


(No. 3.)

SIR,-- Downing Street, 13th June, 1839.

I am directed by the Marquis of Normanby to request that you will lay before the Lords Commissioners of the Treasury the enclosed copies of a correspondence which has passed between this Department and the Foreign Office relative to the establishment of some competent British authority within the Islands of New Zealand.

The letter, which was addressed by Lord Glenelg's direction to Mr. Backhouse on the 12th of December last, will inform their Lordships of the general state of society in those islands, and

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1839 Aug. 15.

since that date circumstances have transpired which have further tended to force upon Her Majesty's Government the adoption of measures for providing for the government of the Queen's subjects resident in or resorting to New Zealand.

With that view it is proposed that certain parts of the Islands of New Zealand should be added to the Colony of New South Wales, as a dependency of that Government, and Captain Hobson, R. N., who has been selected to proceed as British Consul, will also be appointed to the office of Lieutenant-Governor. It is further proposed to instruct Governor Sir George Gipps to recommend to the Legislative Council of New South Wales the enactment of all necessary laws for raising in New Zealand a revenue adequate to the maintenance of the Lieutenant-Governor, and of such other officers as may be indispensable for his assistance in the administration of the affairs of the settlement. Lord Normanby proposes to authorise the payment to Captain Hobson from the revenue so to be raised of £500 per annum, in addition to his salary as Consul. It will probably be also necessary to provide for the appointment of a Judge, of a Public Prosecutor, of a Colonial Secretary, of a Police establishment, of a Treasurer, and of the subordinate officers of revenue. In the present stage of the business it is impossible to state with any degree of exactness the number or emolument of these officers. Lord Normanby can, therefore, only request the concurrence of the Lords of the Treasury in delegating to Sir George Gipps a general authority to make all the necessary arrangements on the most moderate scale, and on the express condition that the expense shall be defrayed entirely from a revenue to be raised within the settlement itself. In the meantime there are some inevitable expenses for the passage and outfit of Captain Hobson for which Lord Normanby is of opinion provision should be made; and with the concurrence of the Lords Commissioners His Lordship would propose that this expense should be defrayed by the Agent for New South Wales, as the settlement would be a dependency of that colony; but conceiving that there should be separate accounts of the revenue of New Zealand, His Lordship would propose that the advance thus to be made should be considered as a debt to be repaid to the Treasurer of New South Wales from that of New Zealand on the earliest opportunity.

Although Lord Normanby is unable now to state with precision the precise amount of this expenditure, it would be as low as possible. In addition to the expense of the voyage, it must involve the purchase of a frame house for the immediate reception of the Lieutenant-Governor, and of some articles which would be required for his immediate use in the public service, such for

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example as stationery; and of these, an estimate will be sent to the Lords Commissioners as soon as their Lordships' acquiessence in the general principle shall have been signified to Lord Normanby.

I am, &c,
To A. Y. Spearman, Esq., &c, &c.

[Enclosure No. 4.]


SIR,-- Downing Street, 12th December, 1838.

I am directed by Lord Glenelg to request that you will bring under the consideration of Viscount Palmerston the expediency of appointing an officer invested with the character and powers of British Consul at New Zealand.

The Islands of New Zealand have long been resorted to by British subjects, both as possessing peculiar advantages for refitting whaling ships in the South Seas, and on account of the supplies which they afford of timber, flax, and other articles of value. They have also, from their proximity to the penal settlements of New South Wales and Van Diemen's Land, furnished an asylum to fugitive convicts, who, associated with men left in these islands at different times by the whalers and other vessels, have formed a society much requiring the check of some competent authority.

In consequence of representation from the local authorities of New South Wales, it was thought advisable, in the year 1832, to appoint a person in the character of British Resident at New Zealand. The object of making this appointment was twofold--to repress acts of fraud and aggression practised by British subjects against the natives, and of acquiring a beneficial influence over the various chiefs; to protect the lives and property of British subjects engaged in fair trade with the natives. The officer appointed was placed on the civil establishment of New South Wales, and wholly under the direction of the Governor of that colony. Enclosed are copies of the instructions which were furnished to him by Governor Sir Richard Bourke. It has happened, however, that the authority of the Resident has from various causes proved the most part inoperative. At the same time the chiefs have severally evinced a strong disposition to place themselves under British protection. In the year 1835 a declaration was adopted, and subscribed by the chiefs of the northern parts of New Zealand, when their country was threatened with aggression by Baron de Thierry, in which declaration they set forth the independence of their

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1839 Aug. 15.

9th September, 1837.

country, and declared the union of their respective tribes into one State, under the designation of the tribes of New Zealand. They also came to a resolution to send a copy of that declaration to His late Majesty, to thank him for his acknowledgment of their national flag, and to entreat that in return for the friendship which they had shewn, and were still prepared to shew, such British subjects as had settled in their country, or resorted to it for the purpose of trade, His Majesty would continue to be the parent of their infant State, and its protector from all attempts on its independence.

But the existing arrangement having failed to answer the purposes contemplated in its adoption, Lord Glenelg is of opinion that these purposes will be more effectually attained by the appointment of a British Consul to reside at New Zealand. If Lord Palmerston should concur in this opinion Lord Glenelg would suggest that His Lordship should communicate with the Lords Commissioners of the Treasury, in order that provision be made for the appointment in the estimates for consular establishments.

As it will be necessary that the Consul should not be allowed to trade, the amount of his salary will of course be fixed with reference to that circumstance. Hitherto there has been provided annually from the revenue of New South Wales a sum of £500 for the salary of the Resident and £200 on account of donations of provisions and clothing to the chiefs and natives generally; but as the object is one of a national character, and not limited to any interest connected with New South Wales, Lord Glenelg does not think the charge of the proposed consular establishment could probably be enforced on the revenue of that colony, but Lord Glenelg is disposed to think that it will be necessary in the new arrangements to issue a larger sum than £200 for disbursements of different kinds which the Consul might be obliged to make.

Lord Glenelg would further propose that until the state of society in New Zealand shall have become more settled, and until the relations with the native chiefs shall have been placed on a more permanent footing, the Consul should communicate direct with this Department.

I enclose, for Lord Palmerston's further information, a copy of a despatch from the Governor of New South Wales, bearing date the 9th September, 1837, which covers two reports illustrative of the present state of New Zealand--one from Captain Hobson, commanding H. M. S. Rattlesnake, the other from the British Resident.

I am, &c,
John Backhouse, Esq., &c, &c.

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1839 Aug. 15.

[Enclosure No. 5.]


SIR,-- Foreign Office, December 31st, 1838.

I have laid before Viscount Palmerston your letters of the 12th and 24th inst., suggesting the expediency of appointing a Consul at New Zealand; and I am to state in reply that Lord Palmerston concurs in the opinion expressed by Lord Glenelg upon this subject, and will take the necessary steps for including the salary and expenses of that Consul in the consular estimate.

Lord Palmerston further directs me to state that, considering the purposes and objects for which this appointment is to be made, His Lordship would be glad to know if there is any person whom Lord Glenelg thinks peculiarly qualified for the situation.

I am, &c,
James Stephen, Esq., &c.

24th June, 1839.

[Enclosure No. 6.]


SIR,-- Downing Street, 4th July, 1839.

With reference to my letter of the 13th ultimo, respecting the colonization of New Zealand, I am directed by the Marquis of Normanby to transmit to you, for the consideration of the Lords Commissioners of the Treasury, a copy of a letter from Captain Hobson, enclosing an estimate of the expenses for the first establishment of a colony in those islands. Lord Normanby would recommend this estimate, amounting to four thousand and five pounds, for the sanction of the Lords of the Treasury.

I am, &c,
A. Y. Spearman, Esq., &c.

[Enclosure No. 7.]


34, Great George's Street, Westminster, 24th June, 1839.


I have the honor to transmit, for the information and approval of the Right Honourable the Marquis of Normanby, an estimate of the expenses for the first establishment of a colony in New Zealand.

The estimate for the house is offered by Mr. Manning, builder, No. 25, Holborn, who has constructed and sent abroad many houses for settlers in the new colonies. Judging by the rude and imperfect plan he has shown me, he will furnish a very

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good temporary residence for the Lieutenant-Governor, which may be sold and removed when a more permanent one can be erected.

I have estimated the costs of the presents for the natives at one thousand pounds. I hope that sum will not be considered large, bearing in mind the fact that no negociation can be carried on with them unless propitiated by a present.

The estimate for furniture and stationery are the same in amount as was supplied to Captain Hindmarsh when proceeding to South Australia.

I have, &c,

W. HOBSON, Captain, R. N.
The Under-Secretary of State, Colonial Department.

London, 24th June, 1839.

An Estimate of Expense for the First Establishment of a Colony in New Zealand.

[Enclosure No. 8.]


SIR,-- Treasury Chambers, 22nd June, 1839.

The Lords Commissioners of Her Majesty's Treasury have had before them your letters of 13th and 18th instant, and their enclosures, relating to the British subjects resident in New Zealand, and to the establishment of a British consulate in those islands, and have also referred to the provision for defraying the expense of that consulate, which has been inserted in the estimate for consular services for the year 1839-40, now before the House of Commons.

With reference to the proposition brought under the consideration of this Board by your letter of the 13th instant, that,

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for the purpose of providing for the government of British subjects resident in or resorting to New Zealand, certain parts thereof should be added as a dependency to the Colony of New South Wales, and that the officer selected to proceed to New Zealand as British Consul should likewise receive an appointment as Lieutenant-Governor of the dependent settlement thus contemplated, and with a view to provide for the maintenance of this officer, and of the other public functionaries whose assistance would be requisite for the due administration of the affairs of this dependency, that His Excellency Sir George Gipps should be instructed to recommend to the Legislative Council of New South Wales the enactment of all necessary laws for raising an adequate revenue in New Zealand; and with reference likewise to the request that this Board will concur in delegating to the Governor of New South Wales a general authority to make all necessary arrangements on the most moderate scale for giving effect to those propositions, on the express condition that the expense shall be defrayed entirely from revenue to be raised in New Zealand; I have it in command from my Lords to request you will state to the Marquis of Normanby that, concurring in opinion with His Lordship as to the necessity of establishing some competent control over British subjects in the New Zealand Islands, they would be prepared upon the contemplated cession in sovereignty to the British Crown of territories within those islands which have been or may be acquired by Her Majesty's subjects under grants from the different chiefs being obtained; also to concur in the proposed arrangements for the government of the ceded territory, and for raising a revenue to defray the expense of the establishments it would be necessary to maintain for this purpose. But I am to request that you will further observe to Lord Normanby that, adverting to the peculiar circumstances which have attended the location of British subjects within the territory in question, my Lords deem it necessary to suggest that the annexation of any part of that territory to the Government of New South Wales, and the exercise of the powers it is intended to confide to the Governor and Council of New South Wales, or to the officer about to proceed to New Zealand in his capacity of Lieutenant-Governor, or any assumption of authority beyond that attaching to a British consulate, should be strictly contingent upon the indispensable preliminary of the territorial cession having been obtained by amicable negociation with and free concurrence of the native chiefs.

I am, &c,
To James Stephen, Esq., &c, &c.

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1839 Aug. 15.

[Enclosure No. 9.]


SIR,-- Treasury Chambers, 24th July, 1839.

Having laid before the Lords Commissioners of Her Majesty's Treasury your letter dated 4th instant, transmitting the copy of one from Captain Hobson enclosing an estimate of the expenses for the first establishment of a colony in New Zealand, I am commanded by their Lordships to request that you will signify to the Marquis of Normanby my Lord's sanction for the advance by the Agent-General for New South Wales from funds appertaining to the Government of that colony of the amount required to defray the expenses of the officer proceeding to New Zealand, as specified in the estimate furnished by Captain Hobson, and submitted to my Lords in your letter, with the understanding that such an advance is to be repaid from the revenues of the territory it is proposed to annex to that Government. But you will at the same time state to the Marquis of Normanby that, as the proceedings about to be adopted in regard to New Zealand, in the event of failure of the anticipated cession of sovereignty and of the contemplated revenue, may involve a further expenditure from the funds of this country beyond the salary of the Consul already included in the estimate for consular services for the current year, my Lords have considered it necessary that the arrangement should be brought under the cognizance of Parliament, and they have therefore directed that a copy of their minute giving the sanction now notified to Lord Normanby shall be laid before the House of Commons.

I am, &c,
James Stephen, Esq., &c, &c.

Nos. 1 and 2.

[Enclosure No. 10.]


SIR,-- Foreign Office, 11th August, 1839.

I am directed by Viscount Palmerston to acquaint you, for the information of the Marquis of Normanby, that, in compliance with His Lordship's request, a Commission has been made out for Captain Hobson as Her Majesty's Consul in New Zealand; and I transmit to you herewith copies of the instructions which have been addressed to Captain Hobson.

I am, &c,
The Right Honorable Henry Labouchere, &c, &c.

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[Enclosure No. 11.]


No 1, Foreign Office, 13th August, 1839.


The Islands of New Zealand have long been resorted to by British subjects, on account of the valuable articles of commerce which those islands produce, and by reason of the peculiar advantages which they offer to whaling ships requiring repair; but the nearness of those islands to the British penal settlements of New South Wales and Van Diemen's Land has also led to their being resorted to as an asylum for fugitive British convicts, and such persons, having associated with men left in New Zealand by whaling ships and other vessels, have formed a society which indispensably requires the check of some controlling authority. Her Majesty's Government have therefore deemed it expedient to station at New Zealand an officer with the character and powers of a British Consul; and I have the satisfaction to acquaint you that the Queen has been graciously pleased to select you for that appointment.

I enclose you herewith the Queen's Commission as Her Majesty's Consul in New Zealand.

You will lose no time in making yourself practically conversant with the details of the consular service, and with the nature and extent of your duties.

The general instructions to Her Majesty's Consuls, of which a copy is herewith enclosed, contain full directions for the guidance of your official conduct on all ordinary occasions; and special instructions on particular points will be given to you from time to time as occasion may require. I also enclose to you copies of circular despatches dated 30th Sept., 1833, and 1st Oct., 1836, and I have to call your particular attention to the direction contained in these despatches enjoining the careful preservation of the archives of the consulate.

You will be punctual in forwarding at the regular periods the returns required by the general instructions; and it will be your duty to avail yourself of every favorable opportunity for collecting and transmitting to me any useful or interesting information relative to commerce, navigation, agriculture, and any other branch of statistics.

You will receive a salary of £500 a year, commencing ten days before the day of your embarkation, and you will consider yourself restricted from engaging in mercantile pursuits.

I am, &c,
Captain Hobson, R. N., &c, &c.

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1839 Aug 15.

[Enclosure No. 12.]


No. 2, Foreign Office, 13th August, 1839.


The object which Her Majesty's Government have in view in stationing a Consul at New Zealand is intimately connected with the colonial policy of this country, with the Colonial Department as well as with the Foreign Office. I have accordingly to desire that you will obey whatever instructions you may receive from the Secretary of State for the Colonial Department, and that you will report to him from time to time as occasion may require.

You will confine your reports to me to the consular matters which are adverted to in my Despatch No. 1 of this day's date.

I am, &c,
To Captain Hobson, R. N., &c, &c.

[Enclosure No. 13.]


MY LORD, -- Temple, 4th June, 1839.

We have to acknowledge the receipt of Your Lordship's letter of the 30th ultimo, transmitting to us the draft of a proposed new Commission to the Governor of New South Wales, and requesting us to report our opinion whether it would be lawful for Her Majesty to annex to the Colony of New South Wales any territory in New Zealand the sovereignty of which might be acquired by the British Crown, and whether the legislative authority of New South Wales could then be exercised over British subjects inhabiting that territory, and whether the draft so transmitted to us is properly framed to give effect to Your Lordship's intentions.

We have considered this subject, and are of opinion that Her Majesty may lawfully annex to the Colony of New South Wales any territory in New Zealand the sovereignty of which may be acquired by the British Crown, and that the legislative authority of New South Wales created by 9 Geo. IV., c. 83, p. 21, may then be exercised over British subjects inhabiting that territory. The object of the statute, as appears by the 20th section, was to create a legislative authority extending to the Colonies of New South Wales and Van Diemen's Land, and the dependencies thereof; and although this, if construed independently of the context, might perhaps be confined to places

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1839 Aug. 15.

constituting the dependencies at the time of the passing of the Act, yet as it is clear from the 3rd section that the Courts of justice were to have jurisdiction. not only over the then existing dependencies, but also over all islands and territories which might thereafter be dependent on the Government of New South Wales, we think the word dependencies, in the 20th section, must receive an extended construction so as to include future as well as then existing dependencies. It could hardly have been the intention of the Act to give a different extent of jurisdiction to the Courts of justice and the local Legislature.

We have further to add that the draft transmitted to us appears properly framed for giving effect to Your Lordship's intention.

We have, &c,

To the Marquis of Normanby, &c, &c.

[Enclosure No. 14.]


SIR,-- 34, Great George's Street, August, 1839.

In order to avoid any misunderstanding of the view of Government in respect of the duties confided to me as Consul and Lieutenant-Governor of New Zealand, I have the honor to call your attention to some passages of my instructions upon which I beg the favor of further explanation.

To facilitate a reference to this document I have numbered the paragraphs in pencil from one to twenty, commencing at the close of the preamble.

The first paragraph, according to that arrangement, relates to the acquisition of the sovereign rights by the Queen over the Islands of New Zealand, and appears to have reference to other instructions which I may expect to receive from Lord Palmerston. Under this head I perceive that no distinction is made between the Northern and Southern Islands of New Zealand, although their relations with this country, and their respective advancement towards civilization, are essentially different.

The declaration of the independence of New Zealand was signed by the united chiefs of the northern part of that island, and it was to them alone that His late Majesty's letter was addressed on the presentation of their flag; and neither of these instruments had any application whatever to the Southern Islands.

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1839 Aug. 15.

It may be of vast importance to keep this distinction in view, not as regards the natives, towards whom the same measure of justice must be dispensed, however their allegiance may have been obtained, but as it may apply to British settlers who claim a title to property in New Zealand as in a free and independent State.

I need not exemplify here the uses that may hereafter be made of this difference in their condition; but it is obvious that the power of the Crown may be exercised with much greater freedom in a country over which it possesses all the rights that are usually assumed by first discoverers than in an adjoining State which has been recognised as free and independent; and in the course of my negociations, too, my proceedings may be greatly facilitated by availing myself of this disparity, for with the wild savages of the Southern Islands it appears scarcely possible to observe even the form of a treaty; and there I might be permitted to plant the British flag, in virtue of those rights of the Crown to which I have alluded.

The second and third clauses are quite explicit, but I beg to suggest that the Proclamation to be issued on my landing be drafted in this country, in order to convey exactly the views of Government, and to guard against misconception.

In the 4th clause my attention is directed to the acquisition of lands by British subjects; and in the following clause the whole power of interference is confided to Commissioners who are to be appointed in New South Wales, and who are to report their proceedings to Sir George Gipps. I do not disapprove of this regulation, but, on the contrary, am glad to be relieved from all interference in matters of dispute which would have a tendency to place me at issue with so large a number of persons over whom I am appointed to preside; but I am at a loss to know to what point I am to direct my attention beyond the mere preservation of the peace.

The 6th clause is quite understood. In the latter part of the 7th and in the 8th clause allusion is made to the Protector of Aborigines. Were the functions of this officer confined to the protection of the natives from physical injury or injustice there could not be two opinions on the subject of his duty; but in matters which relate to their general welfare he and I, with equal zeal in their cause, may entertain very different ideas. I sincerely hope that the duties of this officer may be exactly defined, and that the Government may be secured from the effect of captious opposition.

9th clause: To the missionaries may be safely confided the religious instruction of the natives; but I cannot bring myself to believe that they will consent to give any portion of the time

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they have hitherto devoted exclusively to that subject for the benefit of the British subjects.

In this part of my instructions I am likewise directed to interdict the savage practices of cannibalism and human sacrifice. May I request more explicit instruction on this important subject? Shall I be authorised, after the failure of every other means, to repress these diabolical acts by force; and what course am I to adopt to restrain the no less savage native wars, or to protect tribes who are oppressed (probably for becoming Christians) by their more powerful neighbours?

Clauses 10 and 11 relate to the form of government under which New Zealand is to be colonised.

Clause 12 forbids the introduction of convicts. There is nothing I would more regret than the extension to New Zealand of the character of a penal settlement; but I do think, with every possible deference for the superior judgment that dictated the prohibition, that convict labour on roads and public works, under the direction of Government, may be most beneficially applied. At the Mauritius Indian convicts are so employed, and the great prosperity of that colony is mainly attributable to the facility of communication to all parts of the island that is thus obtained. Such will be the demand for labour in New Zealand that I despair of getting roads made without the aid of convicts.

Clause 13 relates to the Commission under the great seal addressed to Sir George Gipps and to my warrant as Lieutenant-Governor. May I request to be informed, if I have the power, whilst holding a warrant as Lieutenant-Governor, under the Governor of New South Wales, to appoint or suspend Magistrates, to embody and call out Militia, or to direct the movements of the military force? If I do not possess this power by virtue of my warrant from the Crown it will be highly essential that provision should be made by the Governor and Legislative Council of New South Wales to vest me with authority in these important matters.

Clause 14 provides for the appointment of public officers of my selection by the Governor of New South Wales, and refers to the establishment in New Zealand of a Court of justice and of a judicial system. I should like to be informed in this case, as in the last, whether, in my capacity of Lieutenant-Governor, I am authorised to execute or remit the punishment of criminals.

Clause 15 relates to the revenue, and recommends, amongst other duties, one on tobacco. It should be recollected that tobacco is at present almost the circulating medium, and a duty on it will bear very hard upon the natives, who indulge freely

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in its use. And as this people will naturally estimate our interference with their country by its first practical results, I fear they will look upon us with distrust or suspicion if they suffer any inconvenience from our enactments.

Clause 16, regarding waste lands, is very clear and satisfactory.

Clause 17 relates to the religious instruction and the spiritual wants of the British settlers in New Zealand. I trust, if it shall be found that the missionaries have already full occupation, and if, as I have before observed, they object to withdraw any part of their attention from the duties they have hitherto discharged, that an early provision may be made for these important objects by the appointment of chaplains and teachers from New South Wales.

The concluding part of my instructions is perfectly clear and explicit. There are one or two subjects that have not been noticed which I hope may still engage the attention of the Secretary of State. No allusion has been made to a military force, nor has any instruction issued for the arming and equipping of Militia. The presence of a few soldiers would check any disposition to revolt, and would enable me to forbid in a firmer tone those inhuman practices I have been ordered to restrain. The absence of such support will, on the other hand, encourage the disaffected to resist my authority, and may be the means of entailing on us difficulties that I am unwilling to contemplate.

I have, &c,
To the Under-Secretary of State, Colonial Department.

[Enclosure No. 15.]


SIR,-- Downing Street, 15th August, 1839.

Mr. Labouchere has laid before me your letter to him of the 1st instant, requesting an explanation of some questions which have occurred to you on the perusal of my letter of instructions. I have to return the following answer to your inquiries:--

1. The remarks which I have made respecting the independence of the people of New Zealand relate, as you correctly suppose, to the tribes inhabiting the Northern Island only. Our information respecting the Southern Island is too imperfect to allow me to address to you any definite instructions as to the course to be pursued there. If the country is really, as you suppose, uninhabited except by a very small number of persons

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in a savage stage, incapable from their ignorance of entering intelligently into any treaties with the Crown, I agree with you that the ceremonial of making such engagements with them would be a mere illusion and pretence, which ought to be avoided. The circumstances noticed in my instructions may perhaps render the occupation of the Southern Island a matter of necessity or of duty to the natives. The only chance of an effective protection will probably be found in the establishment by treaty, if that be possible, or if not, then in the assertion, on the ground of discovery, of Her Majesty's sovereign rights over the island. But in my inevitable ignorance of the real state of the case I must refer the decision in the first place to your own decision, aided by the advice which you will receive from the Governor of New South Wales.

2. I enclose, according to your desire, the draft of the Proclamation to be addressed to the Queen's subjects at New Zealand, referring it, however, to Sir George Gipps and to yourself to introduce any alterations which the facts of the case, when more clearly ascertained, may appear to you and to him to prescribe.

3. It is my intention that the Governor of New South Wales, or the Commissioners to be appointed by him, should conduct the whole investigation and settlement of the question regarding lands which may have been occupied in New Zealand by British subjects; and that you should be thus rescued from a position which might otherwise bring you into unfriendly relations with large numbers of those over whom you would be called to preside.

4. The Protector of Aborigines cannot be brought into any relation to you which would throw any doubt on the respective limits of your authority and his, because he would be in the fullest sense of the term your subordinate officer, yielding implicit obedience to all your lawful instructions, and reporting to you all his proceedings.

5. If the missionaries should not ultimately be able to undertake the religious instruction of their fellow-countrymen, measures must of course be taken to supply the religious wants of the future colony. But in the uncertainty under which Her Majesty's Government are at present compelled to act, I think it more safe to rely on the temporary assistance of the various missions in the island than to embark on any ecclesiastical arrangements which it might be ultimately impossible to complete, and the non-fulfilment of which might involve the ruin of any clergyman embarking in them.

6. It is impossible for me to prescribe the course to be pursued for the prevention of cannibalism, human sacrifices, and war-

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fare among the native tribes; but I have no difficulty in stating that if all the arts of persuasion and kindness should prove unavailing, practices so abhorrent from the first principles of morality and so calamitous to those by whom they are pursued should be repressed by authority, and, if necessary, by actual force, within any part of the Queen's dominions. I am, however, convinced that habits so repulsive to our common nature as cannibalism and human sacrifice may be checked with little difficulty, because the opposition to them will be seconded by feelings which are too deeply rooted in the minds of all men, the most ignorant or barbarous not excepted, to be eradicated by customs, however inveterate, or by any errors of opinion, however widely diffused. The New Zealanders will probably yield a willing assent to your admonitions when taught to perceive with what abhorrence such usages are regarded by civilized men.

7. However much immediate advantage may be derived from convict labour, the benefit is purchased at last at so heavy a price that even if the welfare of the colony were alone in question I should regard the conversion of New Zealand into a penal settlement as a short-sighted policy; but when I advert to the effect of that measure on the aborigines, and on the administration of the criminal law in this Kingdom, my opposition to it is fixed and unalterable.

8. All the powers necessary to the proper conduct of your office will be conferred on you by Acts of the Government and Legislature of New South Wales, who will also make the necessary provision for the establishment of Courts of justice and a judicial system in New Zealand.

9. The Governor and Council will deliberate with you on the proper articles on which to impose import duties. It is a question which I must refer in the first instance to their judgment.

Lastly, I am perfectly aware of the great advantage which you might derive from a military force, and of the inconvenience to which the want of it may expose you. This, however, is a difficulty which must be encountered. It is impossible at the present time to detach any of Her Majesty's troops to New Zealand, nor can I foresee any definite period at which it will be practicable to supply that deficiency. It will probably, therefore, be necessary to raise a Militia, or to embody an armed police. But this also is amongst the questions which must be reserved for consideration after your arrival, and upon which it will be your duty to consult with the Governor of New South Wales.

I have, &c,
Captain Hobson, R. N., &c, &c.

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