Reminiscences of a Veteran [Vol. III. New Zealand chapters, 1-5]

Thomas Bunbury

First published by Charles J. Skeet in 1861

Digitised and made available online by Auckland Libraries and the University of Auckland Libraries and Learning Services

Epub © 2014 Early New Zealand Books Collection

ISBN 978-1-927289-74-7

[TITLE PAGES]

REMINISCENCES
OF A
VETERAN

.

BEING
PERSONAL AND MILITARY ADVENTURES
IN
PORTUGAL, SPAIN, FRANCE, MALTA, NEW SOUTH WALES, NORFOLK ISLAND, NEW ZEALAND, ANDAMAN ISLANDS, AND INDIA.

IN THREE VOLUMES.
VOL. III.

LONDON:
CHARLES J. SKEET, PUBLISHER,
10, KING WILLIAM STREET,
CHARING CROSS.
1861.

LONDON:

Printed by A. Schulze, 13, Poland Street.

[CONTENTS]

CONTENTS

OF

THE THIRD VOLUME.

CHAPTER I.

Encouragements to good conduct amongst the Prisoners – Attempt of a Working Gang to escape from the Island – Real cause of the destruction of the Orange Trees on Norfolk Island – Tobacco – Misconduct of the Garrison – Soldiers' gardens and the abuses these led to – Mutiny of the Troops speedily got under, and not generally known on the Island – Report made to the Commander-in-Chief – Recal of the whole party to Sydney – Destruction of Irish Town – After dinner story – Difficulties encountered by Boats when leaving the Harbour – Curious case of a Malingerer – An Inquiry ordered into the conduct of the Mutineers in spite of my remonstrance – Seven ordered for trial, convicted and transported – Complaints against me for having condemned pork as unfit for issue, when the contrary was the case – Other charges preferred by my predecessor – Refutation – Ordered to New Zealand, and requested by Sir G. Gipps to undertake the Government of that Colony – Dinner party given by the Governor of New South Wales, and curious Adventure – Arrival at the Bay

of Islands – The Troops requested to aid the Civil authorities – State of the Acting-Governor, Captain Hobson's, health – Mission to the Native Chiefs..........1

CHAPTER II.

Letter from Captain Hobson on the affairs of New Zealand – From Lord Normanby to Captain Hobson, R.N. on the subject of the duties he will be called upon to discharge – The Treaty of Waitanghi – Observations on Governors and the Home Government – Letters written to Captain Hobson find their way into the Papers ordered to be printed by the House of Commons – Receives the thanks of the Secretary of State for the Colonies – Voyage to the southward – Squabbles of official people...........60

CHAPTER III.

The Thanks of the Secretary for the Colonies received through the Lieutenant-Governor – Mission to the Native Chiefs – Interviews with them – Roman Catholic Missions of the Propaganda and Bishop Pompelier – Akaroa – Foveaux Strait – Visit to Bloody Jack, a Native Chief – Visit returned – Cloudy Bay – The Queen's authority proclaimed under a salute of 21 guns – Appearance of the Coast of Middle Island, as seen from on Board – Island of Capati – The Chiefs Rauperaha and Ranghihaita – Whalers – Testimonial of Conduct – Curious Custom in dividing the inheritance of a deceased Relative – Port Nicholson – Mr. Shortland appointed Colonial Secretary – Hawkes Bay and Hunt after a Chief – Approval of the proceedings of the Missions – Recommendations...........92

CHAPTER IV.

Return to Russell – The Force increased by a few Artificers – Anxiety of the Lieutenant-Governor to show his authority in detailing the Troops, and its bad effects – Removal of the principal part of the Force to Auckland on the Thames – The

Troops employed as Builders under the Ordnance Barrack Department – High Wages obtained by the Men when they could escape from the Military Service – Report made to the Major-Genera] – Land Sale – Purchase of Farms – Traits of Native Character – New Zealand made Independent of the Government of New South Wales – Military Officers excluded from succeeding to the Administration of the New Charter – Death of Captain Hobson – Correspondence with Mr. Shortland on Military Force required at Tauranga, and measures taken – Nothing effected – Disputes with the Officer administering the Government – Native Pas or Forts – Native Tribes – Return to Auckland – Capture of a Piratical Vessel – Officers of the French Navy..........126

CHAPTER V.

Captain Fitzroy and Acting-Governor Shortland – Temporary Charge of the Government undertaken by the Officer Commanding the Troops – A Deputation arrives from New Plymouth – Right of property in Land – How acquired by Natives – The Waicato and Nyetewatua Tribes – An European purchases Land from the Natives in direct contravention of the Right of Pre-emption of Her Majesty – Thefts committed by the Natives – Consequences of the Conviction of one of the inferior Chiefs – Conduct pursued by Governor Fitzroy's government – Insecurity of Europeans and their Property – Appointed to command the Troops in New Zealand – Financial Measures and receive the thanks of the European Inhabitants and Public Officers on leaving the Colony.............173

CHAPTER VI.

Narrative of a Voyage through Torres Straits – Rendezvous at Copang, Island of Timor – Singapore – Straits of Malacca – Hurricane which lasted three days – Shipwreck on one of the Andaman Islands – Martial-law proclaimed – Camp – Employ-

ment of Men – Artificers – Boat built and despatched for succour – Arrival of a Schooner with Provisions – Dispatch – Embarkation for Calcutta – Order of the Commander-in-Chief in India – The Duke of Wellington – Sir Maurice O'Connell – Officials at Calcutta...........208

CHAPTER VII.

Departure from Calcutta – Steam Navigation up the Ganges to Allahabad – A Precieuse – March to Agra – Succeed to the Command of the Regiment – Taj Mahl – Great Sickness amongst the Officers and Men – March to Delhi and Umballah – Sir Robert Sale – Sudden order to take the Field – Advance into the Punjab – Battle of Moodkee – Severe wound and narrow escape from being made Prisoner by the Sikhs – Battle of Sobraon and incidents – Night Attack by the 80th, and Capture of the Enemy's Guns – The Company's Troops – Hospital at Ferozpoor.........258

CHAPTER VIII.

Effects of the Officers killed in Action – The stolen Watch and Thief detected – Rejoin the Regiment, and the March to Sobraon – Advance Post – Battle of Sobraon, and Death of General Sir R. Dick – Personal encounter with a Sikh – The conduct of the 80th in this Action, not noticed in Public Despatches as was deserved – Advance on Lahore – Want of Water, and an incident connected with it – Lahore – Herkali Fanatic – Medical Board – Ordered Home – Ferozpoor – Voyage down the Indus..........293

CHAPTER I.

REMINISCENCES

OF

A VETERAN.

CHAPTER I.

Encouragements to good conduct amongst the Prisoners – Attempt of a Working Gang to escape from the Island – Real cause of the destruction of the Orange Trees on Norfolk Island – Tobacco – Misconduct of the Garrison – Soldiers' gardens and the abuses these led to – Mutiny of the Troops speedily got under, and not generally known on the Island – Report made to the Commander-in-Chief – Recal of the whole party to Sydney – Destruction of Irish Town – After dinner story – Difficulties encountered by Boats when leaving the Harbour – Curious case of a Malingerer – An Inquiry ordered into the conduct of the Mutineers in spite of my remonstrance – Seven ordered for trial, convicted and transported – Complaints against me for having condemned pork as unfit for issue, when the contrary was the case – Other charges preferred by my predecessor – Refutation – Ordered to New Zealand, and requested by Sir G. Gipps to undertake the Government of that Colony – Dinner party given by the Governor of New South Wales, and curious Adventure – Arrival at the Bay of Islands – The Troops requested to aid the Civil authorities – State of the Acting-Governor, Captain Hobson's, health – Mission to the Native Chiefs.

REWARDS.

Order was maintained amongst the prisoners not only by punishing crime, but by a system of rewards to those who conducted themselves properly. The approaches to the island by water are at all times dangerous, and frequent accidents occurred; but when the prisoners on shore or those pulling the boats shewed any remarkable energy and courage in saving the lives of those who were wrecked, they were sure to get a portion of their sentence commuted on the fact being reported to the Governor of New South Wales. So frequently were such services in requisition, that at times I suspected the danger had arisen by their own management, with the object of signalizing themselves in remedying the evil they themselves had created. But even here the tables were sometimes turned upon them. Sails were not allowed to any of the boats, and these row boats were built on the island with a sharp bow and stern without a rudder, but steered with a free coxswain in charge of the steer oar. I had lent a small boat to some of the officers to fish with, in a sort of inner bay separated from the sea by a ridge of coral over which the tide dashed, and afterwards receded by a very narrow channel with great violence; the boat was, on this occasion, manned by men who had been recommended for good conduct on a

ATTEMPT AT ESCAPE.

previous occasion, and whilst waiting for the arrival of the officers at high water, a gang of prisoners who were at work close by attacked and carried off the boat. Two chained gangs were also on the spot, but as these could not move, they waved their working implements over their heads and cheered those making the attempt to escape. The boatmen made no resistance, but pretending to be vastly alarmed jumped into the water. Not so, the free coxswain. He contrived to shove the boat off to a short distance, until one of the attacking party jumped into the water and seized the blade of the steer oar to drag her back to the shore, when the coxswain found it necessary to take to the water, and effect his escape. No one of the free population ever supposed that the coral reef could be passed over; but to the surprise of all, the boat dashed through the surf, and gained without injury the open sea. The alarm was soon given, and two boats with a guard of soldiers in each, armed with cutlasses and pistols were sent in pursuit. After rounding the Napian Rock the boat was overtaken, the crew throwing up their oars, and begging not to be fired into by the guard. The boat which made the capture was commanded by the Engineer officer, Lieutenant Lugard; the fugitives were indifferent rowers, not being regularly

ATTEMPT AT ESCAPE.

bred boatmen, and were much fatigued when they gave in; but notwithstanding their fatigue, the officer obliged them to pull back to the island with the guard-boat in tow. On their arrival I had them tried and well punished. The crew which had abandoned the boat on the first onset, had been recommended for a commutation of their sentence. This recommendation I caused to be cancelled.

This to them was a grievous punishment, but I was inexorable. Had they remained in the boat and stuck to the coxswain, the boat would never have been carried away.

It seems strange that these men without provisions or fresh water should have ventured on so long a voyage, the nearest land being New Zealand, about 700 miles distant. I rather think their intention was to have relanded on a distant part of Norfolk Island in the night, and to have supplied themselves from the huts of the shepherds, who being at a great distance from the settlement were allowed to sleep in huts built for that purpose. The shepherds were generally old men, and were provisioned once a week. The convicts might have obtained assistance from them forcibly, or perhaps they might have made some previous arrangement, for the prisoners I found

ORANGE TREES.

generally assisted each other, when too much risk was not incurred by their so doing.

But to return to the rewards for good behaviour. A number of prisoners were allowed to act as gardeners, poultrymen, &c, to the officers of the station, and received the same ration with the exception of spirits, as the troops. They were at night sent back to the prisoners' barrack, where they slept. Other prisoners had lighter chains; a great number none at all. Many were allowed gardens that they might cultivate the sweet potato, and each gang at work was allowed a man to collect fruit – guavas and lemons. It was said that formerly there were a great number of orange trees on the island; but they were destroyed by one of the early commandants, in order that when any prisoner took to the bush he might not find the means of subsistence. This I am inclined to believe unfounded, and that the failure of oranges in the wood was occasioned by the anxiety of the early settlers at the penal settlement, to transplant the trees into their new gardens, when the trees were too old to be removed with safety. There are however in private gardens a few orange trees left. At Orange Vale there was a nutmeg tree. Although suckers were laid down from this tree every year, the demand for them to

TOBACCO.

be sent to Sydney was always so urgent that I doubt if any of them survived the removal.

Another great incentive to good conduct amongst the prisoners, was an allowance of tobacco granted by the Government to the constables and most deserving men. It is difficult to conceive the avidity with which tobacco was sought after by the prisoners. It was a luxury worth obtaining at any price, and some of the methods they employed to conceal it, when obtained clandestinely, were very remarkable.

My predecessor found it necessary to order that each man when he returned from work should be stripped, yet after the men's clothes had all been minutely searched, it was found they still contrived to secrete tobacco about their persons, and it was only by flogging the delinquents that the practice was put a stop to.

Parties were frequently sent out to search the most remote situations on the island, and to prevent tobacco being grown and manufactured. It was still evident that a greater quantity of manufactured tobacco found its way to the prisoners than they were allowed as a ration from the Government, and that this could only be obtained by means of the troops of the garrison, in return for such articles as the convicts might be able to

CUNNING.

pilfer from the Government, and from private individuals.

The practice of allowing soldiers to cultivate gardens particularly favoured this evasion of discipline. A prisoner might succeed in stealing a turkey or other object coveted by the soldiery. This was killed and left hidden in a tuft of grass, or behind a bush, and when visited, a quantity of tobacco was left in its place supposed equal to its value; for in these transactions amongst the traders, the utmost honour in their dealings was observed. The transaction was termed a plant. A cluster of huts behind the barrack, called Irish Town, built by the soldiers for the ostensible purpose of keeping their garden produce and garden implements, was a general receptacle for stolen property. The doors to each hut were so arranged that they could not be overlooked either from Government House or from the officers' barrack, and, in consequence, people could pass in or out unobserved at all hours.

A robbery had been traced to the barrack and a suspected soldier was tried. On the inquiry which led to his trial, another private stated that if the robbery had been committed by one of his comrades, the stolen property would be found in Irish Town. He was asked why he thought so,

INSUBORDINATION.

and he replied that to his knowledge it was the seat of every kind of villany. At this man's suggestion the huts were searched, and on entering the second or third hut the stolen property was found. I now determined that Irish Town should be levelled with the ground; and other huts built for the reception of the men's potatoes and gardening implements, so situated that they might be overlooked from the officers' barracks, and by the constables at Government House. This produced a mutiny in the garrison of a very serious nature, which I thought best not to disguise from the knowledge of the Commander-in-Chief of the Australian Colonies, although it was quickly suppressed; but I here transcribe the report which detailed the circumstances attending it.

"Norfolk Island, 23rd July, 1839.

"Sir,

"The painful duty has devolved upon me of having to report to your Excellency the highly insurbordinate and mutinous conduct of a large proportion of the private soldiers doing duty at this penal settlement.

From the frequent complaints received by me or depredations committed by the private soldiers on the Government property, and that of the civil

REPORT OF THE MUTINY.

officers of the establishment, and their mutual depredations on the gardens and poultry of each other, with complaints or rather insinuations that these acts were perpetrated by the convicts, I determined to put a stop to these disgraceful proceedings by removing certain huts in the rear of the old barracks, built avowedly to stow away their garden crops before my arrival on the island, but more frequently perverted to the most discreditable purposes.

"Captains Gulston and Lockhart came to me on the first of the present month, about eight o'clock, a. m., to report that their men had assembled that morning in a very riotous manner, and driven away an overseer and a party of prisoners I had employed to raze these huts and build others as they proceeded, in a position I had marked out the day before to the colour-sergeants.

"Having had no reason to expect such conduct, I was not a little surprised at the information thus received, and in consequence issued the order annexed; 1 and as it was raining, as soon as the weather permitted, I sent to Captain Gulston, requesting to be furnished with a fatigue party, conceiving that the men having had time to reflect on their conduct would not oppose the work being

REPORT OF THE MUTINY.

done by their own comrades. To my surprise, however, the fatigue party had scarcely arrived, when I perceived a party of about forty or fifty men had forced their way out of the new barracks, and were rushing with loaded muskets across the parade towards the spot where I stood.

"Indignant at an act of direct mutiny, I seized the foremost man and tried to drag him, and in succession several others, back to their quarters, but without effect, as those I selected were invariably held back and assisted by the others. At length they were prevailed upon to return to their barracks, the more readily as it commenced to rain; they however formed again, armed and accoutred under the verandah, where they forced most of the other men off duty to join them. There I addressed them, I confess not in very flattering terms, and learnt that some wished to have the same ration of spirits issued as in the colony. This, I told them, they should never have so long as I retained the slightest influence with the authorities at Sydney. Others said they had purchased their huts and garden crops from the 50th Regiment. Some said they had purchased two gardens on their arrival, and conceived they had a right to retain them. I replied, to my knowledge they had been cautioned against so doing by Major Ander-

REPORT OF THE MUTINY.

son, as it was against orders, and should have devolved upon them in succession without payment. To this some of them assented, but stated, notwithstanding the order, had they not done so, the crops would have been rooted up and they would have been left for months without vegetables. I however told them I could never suffer such irregularities to continue, nor would I countenance a traffic to benefit a few, which evidently had the effect of depriving the many of equal advantage. Further that I proposed in future to prevent these disgraceful occurrences, by supplying their messes from a garden to be cultivated by Government; but that a charge should be made against each man for the vegetables thus supplied, and for any fruit they might require – their bad conduct having precluded me from recommending to the authorities their having them on any other conditions. This last proposition was received with evident distaste; they did not seem to disperse. I therefore left them to attend to other duties, when finding that they could not by menaces extort any promise from me, and that no further notice was taken of them, they very quietly returned to their duty.

"I am happy to be able to add that the conduct of these misguided men since the day alluded to has been marked by apparent contrition,

REPORT OF THE MUTINY.

and as if they felt ashamed of their violent and outrageous conduct. I even think that I can see a difference in the attention and respectful manner with which their duties are now performed.

"The officers of the detachment, I must also do the justice to say, exerted themselves during the tumult in the most praiseworthy manner. They repaired to my assistance with the utmost alacrity, and so much so, that I was twice under the necessity of peremptorily ordering them to retire, as I feared they might attempt to employ force, and which I could see would only have increased the irritation, and might have endangered the safety of the island.

"To enable your Excellency duly to estimate the effect of allowing soldiers, doing duty on the island, to have gardens; it will be necessary to point out the origin of this nuisance.

"Married soldiers with families, it would seem, have always been permitted to cultivate a garden, and the unmarried equally possessed themselves of others without permission, at the period of my predecessor taking the command.

"For these irregularities it appears that he recommended the same indulgence should be granted to the whole. The result might have been anticipated. The extent of ground occupied rendered it

REPORT OF THE MUTINY.

impossible with the frequent relief and consequent change that the officers should control their management; and in point of fact it was never attempted, and the idle soldier and new comer, when shewn a place for his future supply of vegetables, too frequently supplied his present wants by imposing contributions on others. I do not mean to assert the depredations were always committed by soldiers. It was sometimes worse. Convicts and convict servants were allured to it by the prospect of trafficking with them. Government tools, lent with the sanction of my predecessor, for the cultivation of these gardens could never be obtained for the half-yearly inspection of agricultural implements, and most of them are now claimed as private property, purchased with the gardens from the preceding regiment. The troops became slovenly and dissatisfied when called upon for any duty that withdrew them from their supposed occupations, and had not the system, tolerated by my predecessor, produced effects tendering so much to undermine the discipline of my present command, I should not feel warranted now in reporting what I ought not to have withheld on assuming the charge. At the period of my arrival on the island, there were no daily parades for the men going on duty. An attempt of Cap-

REPORT OF THE MUTINY.

tain Gulston to make his men sit down to dinner, clean and properly dressed as at head-quarters, occasioned the wanton destruction of some of the crops in his garden and that of another officer, and acts of insubordination followed, the result of which was the adoption of more vigorous measures, and some men were tried by court-martial, by order of Major Anderson. At the parade ordered for reading the sentence, I understood that twenty or thirty men had absented themselves. Of course I did not disguise from Major Anderson my opinion of the relaxed state of discipline maintained, and the difficulties I should have to encounter with young and inexperienced officers in restoring it to a more healthy tone; but as I at that period studiously avoided interfering, I did not perceive the extent of the evil or the causes from which it originated. But your Excellency is aware that it is not the sudden and capricious burst of rigour which forms discipline, but a steady healthy degree of tension; and although occasional relaxation may be permitted with the English soldier, if we wish to study his happiness the reins must not be held too loosely.

"With your Excellency's sanction and approval I propose to provide all the unmarried soldiers with vegetables and fruit when in season. The

REPORT OP THE MUTINY.

rations to be one pound of potatoes, cabbage, onions, pumpkins, &c, to make the whole equal to two pounds per man daily, and to take their gardens from them. I further propose that the men should be charged at the rate of one penny per diem each, and an extra half-penny when rock and watermelons are issued. Having thus an abundance of vegetables, they can have no object in pilfering from the gardens of others, or for encouraging convict servants clandestinely to supply them; moreover, the notoriously uniform bad conduct and drunkenness which prevail whenever a detachment from Norfolk Island arrives at Sydney, it is to be hoped will become less conspicuous, as the amount of credits due to them will be much reduced by the charge of two shillings and sixpence per month made for their messing whilst on the island.

"Soldiers who are not likely to apply their money to the injury of their health on returning to Sydney, such as the married with families, officers' servants who are generally supplied with vegetables from their masters' gardens, and a few others might still reap those benefits which I should be sorry to see withheld from the good and deserving soldier.

"It is my duty, however, to inform your Excel-

REPORT OF THE MUTINY.

lency that this proposed measure is extremely unpopular with those for whom it is intended.

Captain G – – - proceeds to Sydney in charge of the guard. I have selected this officer in order that your Excellency may, by referring to him, obtain any further information you may require. Should he not be desirous of returning, and you be pleased to order him to be replaced by another officer from the regiment, may I request that a captain of of standing and experience for such a command may be sent in lieu of another subaltern, as the civil duties of my appointment preclude my paying that constant attention to the discipline of the troops, which is so essentially necessary with the characters here. At present I have ordered a temporary supply of vegetables without payment for the men, which allowance will not exceed one pound per diem, and that the gardens of the men returning now should be broken up until your Excellency's pleasure is made known. I also trust that the nature of this communication will be received as a sufficient excuse for having deviated in forwarding it direct instead of through the usual channel, for which reason I have taken the liberty of referring Sir G. Gipps to your Excellency for the details of these occurrences should he require them; assigning as a reason that I had recom-

TO COLONIAL SECRETARY.

mended measures to prevent their recurrence of which possibly you might not approve. I have herewith taken the liberty of forwarding to your Excellency a copy of the orders issued for the guidance of the troop on my assuming the command in April last.

"I have the honour to be,
"Sir,
"Your most obedient humble servant,
"T. BUNBURY, Major.
"80th Regiment and Commandant.
"To His Excellency Major-General Sir M. O'Connell, K. C. H.
"Commanding the Forces."

To the Colonial Secretary I reported as follows: –

"Norfolk Island, August 2, 1839.

"Sir,

"With regret I have to make known to you that the conduct of the private soldiers of this garrison was so bad on the 1st ultimo, that I have been compelled to make a special report of their insubordination and mutinous conduct to the Major-General Commanding.

"In the uncertainty whether his Excellency commanding the forces will view their conduct, and the causes which have led to it, in the same light as myself, and sanction the measures which

CORRESPONDENCE.

I have recommended to prevent similar occurrences in future, I abstain from entering into these particulars, trusting that Sir Maurice will make known his views and wishes to his Excellency the Governor for my future guidance, and also any further details which bis Excellency may require.

"I have the honour to be,
"Sir,
"Your obedient servant,
"T. BUNBURY, Major.
"80th Regiment and Commandant.
"To the Honorable the Colonial Secretary, &c."

Here follows the reply.

"Colonial Secretary's Office, Sydney, Sept. 11, 1839.

"Sir,

"With reference to your letter of the 2nd ultimo (No. 249), I am directed to inform you that the Governor has been in personal communication with the Commander of the forces on the subject of the recent insubordination manifested by the troops at Norfolk Island, and that his Excellency entirely concurs with the Major-General, that the whole of the detachment should be immediately relieved. That, agreeably to the wishes of Sir Maurice O'Connell, his Excellency has expressed to Sir Gordon Bremer his anxious

CORRESPONDENCE.

desire, that the 'Alligator' should proceed with the relieving party, and he is happy to say that Sir Gordon Bremer has expressed his readiness to proceed in company with the vessel which had been hired to convey to the settlement a party of the 50th Regiment, and concurs in thinking it desirable to display at Norfolk Island, on the arrival of the relieving party, a force amply sufficient to overawe and repress any tendency to renewed subordination on the part of the detachment which is to be relieved.

"The ship 'Cornwall' has accordingly been hired by the Deputy-Commissary-General, and proceeds to Norfolk Island with a party of the 50th Regiment, consisting of about one hundred and eighty men under the command of Major Ryan, to whom I am instructed to request you will give over the charge of the settlement and all the books, papers and accounts respecting it, and return to head-quarters by the present opportunity.

"I have the honour to be, &c, &c.
(Signed)"G. Deas Thomson."

I was told shortly after my return to Sydney by the General, that the Government had sent several times for the officer, the bearer of my despatch, but that he always appeared drunk or fuddled, not

ARRIVAL OF VESSELS.

being able to give any account of himself or of the the occurrence which had taken place on the island. He was, however, certain that Irish Town still existed, and that up to the period of his leaving I had not attempted to destroy it. Under these circumstances, the authorities very charitably and sapiently conjectured that things were much worse than I had represented, and hence the brig of war had been sent to reconquer the island.

When the two vessels first appeared off the settlement, their boats would not venture through the surf. They had, moreover, neglected to bring with them the code of private signals which was changed every voyage. We were not permitted to have Marriott's or the signals generally used in the navy, least we might be too fond of signalizing with the whalers off the coast, of whom there were sometimes a great number.

If a landing could not be effected on one side of the island it generally could on the other, from that becoming the weather shore. Our signals were not understood, and only tended to convince those on board of the necessity for caution, and they now fully believed that the island was in the possession of the prisoners, or of the mutineers. At length the wind shifted, and I was enabled to send off the boat from the shore, when Sir Gordon learnt the

ARRIVAL OF SIR G. BREMER.

true state of affairs. On his landing I went to receive him, and he appeared highly delighted with the order and regularity around him, as well as with the clean and orderly appearance of the troops at the guards, and was not a little annoyed at the errand on which he had been sent; the services of the 'Alligator' being urgently required elsewhere.

He said it was known at Sydney that I had not succeeded in destroying Irish Town, and he inquired what prevented my doing so. This was easily answered. At the time of the outbreak, no person excepting the troops themselves and a catholic priest, who accidentally witnessed the transaction knew what had happened. There were upwards of 1400 convicts on the island. The garrison consisted of 155 men, and although their duty did not require their communicating with the prisoners, there was some reason to believe that an understanding existed between them. I did not therefore insist on the troops destroying the huts, although they volunteered to do so, but said I had reported their conduct to the authorities at Sydney and would await orders from there. In the meantime, although I could not promise that they would not be punished for their misconduct, they might continue to perform military duty, and by their future behaviour earn the favourable consideration

FIRE THE HUTS.

of the Major-General. Even this show of leniency was forced upon me. I had not sufficient men for the daily duties, much less could I have sent them prisoners to Sydney, with the necessary witnesses for their trial. As a military man, I naturally felt desirous to carry my point; but with the lives of so many families, and the safety of the colony at stake, it would have been exceedingly injudicious to have occasioned fresh irritation until I was certain of having the means of repressing it. Sir Gordon entirely coincided with my views.

I said I doubted if the huts had been since used, but to convince him of the subordination of the men I would now put it to the test. I then ordered a constable to desire the Sergeant-Major to set fire to all the huts in the rear of the old barrack. Before Sir Gordon and myself had reached Government House the whole was in a blaze.

I could not prevail upon Major Ryan, my successor, to take over the command of the settlement. The charge of entertaining guests during their stay in the island fell therefore upon me. We seldom sat down less than twelve or fourteen to dinner, and we found some of the party very amusing. Conversing one evening about convict discipline, there was a transition to female convicts by Sir Gordon's remarking how much more

A FEMALE CONVICT.

difficult they were to manage than men. He said he had lately witnessed at Parramatta the introduction of a very handsome woman, who according to her own account, was the widow of a foreign officer of high rank, and a foreigner herself, but as others said, was the daughter of a fishmonger at the West End, her real name being Mary Mayers. She had been brought from Hobart Town for some offence committed in Van Diemen's Land. Major R – – -, who sat at the top of the table, exclaimed "Is it possible this person of whom you have been speaking can be the Countess d'Istuell?" "I think that was her name," was the reply. I could perceive by an arch-twinkling of Sir Gordon's eye that he was determined to draw the Major out. "I think you have told me you were for some time quartered there yourself," he added; "you will therefore perhaps be better able to tell us something of this person." The Major fell into the trap incontinently. "The person you allude to as being at Parramatta cannot be the same. I once knew a Polish lady whose husband, Count d'Istuell, had been killed in a duel. She arrived in a merchant vessel at Launceston, when I was there as commandant. She was in great affliction, and called at my office to say, she was desirous of remaining some time at Launceston, if I thought she

A FEMALE CONVICT.

would be received in some respectable family as a companion and governess; she spoke English as an Englishwoman, and I had no difficulty in getting her immediately established as she desired." Sir Gordon here inquired if there had not been some dispute with the captain of the ship, which brought her to Van Diemen's Land. "Oh yes!" he replied, "the brute – I sent for her boxes at her desire. He pretended he knew no such person as the Countess d'Istuell. There was a Mary Mayers had some boxes, but they should not be given up until they were paid for. The family by whom she was received were delighted with her, but they could not well be otherwise, she was so accomplished, so kind, and so good looking that she was adored by every body. I left Launceston some time afterwards and have not heard of her since." "Well, then, I think I can tell you," was Sir Gordon's reply. "She grew tired of Launceston, and became desirous of continuing her travels, and to obtain the necessary facilities, she thought proper to appropriate sundry silver spoons belonging to the family; but she was in the end detected, and became an inmate of the Penitentiary at Parramatta, where I went with the Governor, Sir George Gipps to see her. Although she is a fine woman, her appearance on this occasion was ludicrous enough.

A FEMALE CONVICT.

She was dressed in the usual coarse prison dress, but with silk stockings. Thus equipped, although not exactly according to prison regulation, she no doubt thought to make an impression on Sir George; but the Governor had no more sympathies with a pretty foot and ancle than a stone. It was all thrown away on him, and he in the most provoking manner lectured her on her behaviour, and the prospects before her. She seemed at first affected by Sir George's remarks, but growing tired I suppose, she took from her bosom a small tablet, and then commenced scribbling upon it, looking the Governor all the while earnestly in the face. Perceiving this he cried out 'Mary Mayers pay attention. What are you doing?'

"'Really Sir George,' she said, 'there is something so touching in your discourse that I was taking notes of it for my edification.'

"The Governor muttered something between his teeth about impudent huzzy, and we both withdrew."

We had at table a youngster, aide-de-camp to the Governor who had come with the expedition to Norfolk Island with the idea I suppose, of seeing service. He added. "Then Sir Gordon you never heard the sequel of the Governor's attempt to reform Mary Mayers. I will tell you. It occurred

A FEMALE CONVICT.

a few days after you had been there together. We visited the Penitentiary, and Sir George ordered her to be called. The lady made her appearance, not looking angelic as you have described, but more like a fury. We had scarcely entered the room when not fancying the appearance of things, I squeezed myself behind the chief and the doorpost, and gained the room we had left. I had just succeeded in effecting my retreat, when the amiable creature advanced towards Sir George, saying to him: 'Don't think, sir, that I am going to listen to any more of your humbug and cant,' and seizing him at the same time by his dress, before he could recover his surprise she twirled him round, and planting a kick on his Excellency's seat of honour drove him out of the room amidst roars of laughter from some other penitents who had followed her." I don't know what became of the lady of the alias's afterwards, or whether Sir George commended her to the tender mercies of the matron of the establishment, but at all events she would be considered by the other prisoners in the light of an empress.

A boat of the "Alligator" was twice swamped in attempting to leave the settlement with a quantity of live stock in her, pigs, turkeys, geese, and fowls were all drowned with the exception of one

DANGEROUS LANDING.

pig, the property of a young midshipman who sat at the stern sheets holding its head, between his knees, out of the water, and thus contrived to save the animal, but with no small risk of being washed out of the boat himself.

The coxswains in the employ of the convict boats knew well when to put off. They used to watch a rock some distance off called the Wolf Rock, and when the long waves came booming over it, they judged how long they might delay, for if once through the surf and out in still water when the huge continuity of wave arrived and broke behind them, the danger was over. I observed that the tars wore life preserver belts, a proof how dangerous they considered the landing, and on my pointing this out to one of their officers, he declared that he had never seen them use a similar precaution before. One of their boats which had been swamped, was steered by a convict coxswain. It was necessary to lay quietly on your oars, and at a given signal to pull manfully, but the fellow made so much noise, and used such extraordinary imprecations, that the tars did not give way together. In consequence of this, the boat was swamped and thrown on the rocks. I could not myself but suspect that the coxswain had done it on purpose to give his comrades on shore

LETTER FROM SIR G. BREMER.

an opportunity of performing the service, and I afterwards sent for him, and lectured him accordingly.

Sir Gordon Bremer was now prepared to take his departure, and I received from him the following letter.

"H. M. Ship 'Alligator,' off Norfolk Island,
"September 20, 1839.

"Sir,

The detachment under your command having embarked on board the ship 'Cornwall,' it appears to me unnecessary for me to continue longer in this neighbourhood.

"I have the honour, therefore, to inform you that I intend to depart for Sydney this evening, unless you should be of opinion that my presence can be of any essential benefit to Her Majesty's Service, in which case I shall be most happy to remain,

"I have the honour to be, Sir,
"Your most obedient servant,
"J. S. GORDON BREMER.
" To Major Bunbury, Commanding Detachment 80th Reg."

I was next called upon to request that I would permit the gentlemen and clergymen employed by the Government, to present me an address, ex-

PERTINACITY OF CONVICTS.

pressing their sense of the services I had rendered the island, and the great satisfaction they had experienced in serving under me. This I could not allow. Any collective expression of their opinion in the circumstances in which I was placed, would in my opinion prejudice them with the authorities in Sydney without being of use to me. A copy of their intended address was accidentally left with me, and was of some service in refuting a calumny to which I was exposed some time afterwards.

After disposing of my surplus stores and furniture, and taking leave of my friends, I embarked in the "Cornwall," having refused, for obvious reasons, a passage in the "Alligator," which Sir Gordon Bremer was so kind as to offer me.

On my way from Government House to the place of embarkation, a circumstance occurred illustrative of the pertinacity with which some of the convicts will endure pain in order to obtain a particular object. A man of the name of Develloi, formerly a teacher of French, nicknamed by his fellow prisoners Devil's eye, had been for years on crutches, his station being near the lime-kilns and bathing place. When not so employed, he was to be seen sunning himself or seated against the sea wall. I had, from his general healthy appearance, suspected him of being a malingerer, and had

PERTINACITY OF A CONVICT.

communicated with the doctor on the subject, and was told he had been strictly watched, and it would be difficult to prove his infirmity feigned. This man, in other respects, was quiet and inoffensive.

At the time of my reform of the invalid gang, I told this prisoner that I should, consistent with my plan of making all contribute by some labour, towards their own maintenance, expect that he should not remain idle. He replied that he should even be obliged to me if I could find some employment for his hands, provided that his legs had no share in it, and that he might not be required to move from one place to another. I had just the sort of work that would suit him, so I placed him in the sheds close by, to assist in the manufactory of New Zealand flax, and as this employment gave him companions to talk to, he seemed satisfied, but still went on crutches when he had occasion to leave the work-shed.

Seeing Develloi follow me towards the place of embarkation, and knowing that, like many others, he wanted my interest to be exerted on arriving at Sydney, to get a part of his sentence remitted, I quickened my pace to avoid him. We had a regular race for it. Seeing that I was leaving him far behind, he fairly threw away his crutches and

ARRIVAL AT SYDNEY.

ran after me, so that he was soon at my side. It was of no use my telling him that my interest had ceased. He said he had never been brought up for misconduct since I had been on the island, and surely I could do something for him. I pointed to his supposed crippled limbs, saying, "What miracle is this? you seem now to walk very well, and to run still better." Looking very piteously he replied, "Ah, Sir, this is not a time to notice these things. Pray get my sentence commuted!"

On our arrival at Sydney, I reported myself to Major-General Sir Maurice O'Connell, commanding the troops. He appeared satisfied with my conduct, with the exception that I had not immediately insisted on the destruction of Irish Town. My predecessor, he said, had also complained of the manner in which I had spoken of his arrangements in my despatch. He was now on leave of absence, but on his return he had requested that it might be investigated. I told him his own letters and recommendations were in existence in the Colonial office at Sydney, and could be easily referred to; for my part, I was prepared to prove everything I had stated. The General then said that he intended to bring the ring-leaders of the mutiny to trial, and as they were at large, he requested that

THE MUTINEERS.

I would send in their names, in order that they might be placed in confinement. These men had now been for nearly three months taking their regular turn of duty, and had shewn the utmost contrition for their misconduct from the day succeeding it; true I had never made them any promise, that they would not afterwards be punished. I had no other alternative than to employ them. The garrison, by the orders of the Major-General, had been reduced to the lowest possible scale; the force in the colonies being insufficient to supply a larger. To have sent these men, by the vessels which left Norfolk Island afterwards, prisoners, with the witnesses as guards over them, would have risked the safety of the Government brig, with its general cargo of returned convicts. I therefore pleaded strenuously in their behalf, pointing out also my doubts of the legality of instituting further proceedings against them; but to no purpose. It had already been decided they should be brought to justice, and that their sentence should be carried into effect as an example to deter others. I had taken no notes, and felt little inclination to make inquiries, or collect evidence from either officers or men, and as I was slow in my movements, the Major-General ordered a court of inquiry; an open court, in which I was

MEET THE MAJOR-GENERAL.

to be present, as stated in the order for its assembly.

This first interview I had with the Major-General was on the road leading to the House of Assembly, and as we ascended the hill he asked me whether I had called upon his Excellency upon my arrival; I told him I had not, nor did I intend doing so unless he considered it a point of duty that I should. He said common politeness required it. At all events it was a duty. At this moment the Governor was seen approaching us, when I earnestly begged permission to be allowed to depart. They were both of them of course highly displeased; and my conduct was certainly not justified by any treatment I had received from them since my return. It was an ebullition of feeling arising from the treatment I had experienced on the occasion of my appointment, without reflecting that their sentiments towards me might have undergone a considerable change since then. But a charge which Sir George ordered to be brought against me, crowned my disgust. I however went and wrote my name in the visitor's book at Government House, at the very bottom of a page hardly commenced, without inquiry whether he was at home.

The accusation brought afterwards against me,

CHARGES AGAINST ME

through the Colonial Secretary, was of having allowed myself to be coerced by the troops at Norfolk Island, into ordering a board to assemble to condemn some pork as unfit for use, which was in reality of good quality; a piece having been returned to Sydney to Sir George Gipps for trial, and which his Excellency had found excellent. In my reply, I stated that the affair in question was for the consideration of the Commander-in-chief, and not for that of the civil authorities, it being connected purely with the military, and not with the civil concerns of the penal establishment; but not to be considered uncourteous, I had no objection to state what I knew for his information.

I had received frequent complaints through the officers on duty that the pork was, although good in appearance when raw, unfit for the troops when boiled. I requested to be informed when the next issue took place, that I might attend and see the men's dinners. The pork when boiled appeared porous and like a sponge, in fact the whole substance had boiled out, and was floating on the water, and this I was informed was a characteristic feature of measly pork. I then ordered a board to assemble, at which the assistant-surgeon in charge of the military was to attend – the pork was pro-

MY EMBROILMENT.

nounced unfit for issue and I approved the proceeding.

It is a standing regulation at Norfolk Island, as elsewhere, that all condemned stores are to be destroyed on the spot, and I cannot but regret that any person of the commissariat department should have presumed to contravene that regulation by re-shipping condemned stores for Sydney without my permission.

In the communication to the Colonial Secretary I said, "If Sir George found the sample brought to his table excellent, I am glad for his sake; but to my own taste, if it should please his Excellency to invite me to dinner, I should prefer another description, believing the condemned pork to be unwholesome."

This impertinent sally towards a person of Sir George's character and temperament, might be expected to have produced an angry reply; but I supposed he only laughed at it, and I heard no more of the condemned pork, nor was that charge afterwards ever brought seriously against me.

It was evident that I had irretrievably embroiled myself with the authorities, both civil and military; and for a long time afterwards I was never asked to their dinner parties, although all the officers serving under me were. I felt that I had

COURT OF INQUIRY.

done my duty; and impatient under a supposed stigma, I did not sufficiently estimate their real sentiments towards me, nor did I take any steps to discover them. On the contrary, by my own conduct, I precluded myself from having any friendly intercourse with them.

The Court of Inquiry which assembled to discover the names of the ring-leaders in the mutiny, requested that I might not be present. This was an extraordinary proceeding to be taken by the Court, which was ordered to be an open one, and I at once foresaw that the culprits could not escape. On the Court closing its proceedings, I was ordered by the Major-General to prefer charges against the men named in a list sent to me for that purpose.

I applied for permission to peruse the proceedings of the Court of Inquiry, on which to ground the charges, and the names of the witnesses to be in each case brought forward. After a delay of a day or two and some objections, these were sent to me, and the General Court-Martial was ordered to assemble for their trial.

In each case in my address to the Court, I was obliged to give a succinct account of the circumstances which may be supposed to have led to these proceedings, and I took care also to extenuate and attribute to infatuation the conduct of

THE SENTENCE.

these misguided men, who had no sooner erred than they repented and returned to their duty as good soldiers. Of the eight tried, seven were sentenced to be transported for life, and one for fourteen years, but the sentence of this last was remitted at the recommendation of the Court.

All my endeavours to obtain the pardon of these men were unavailing. Both the Commander-in-Chief and the Governor conceived it to be necessary that an example should be made of men guilty of such an outrage. Unfortunately, in the defence they some of them attempted to prove that I had drawn my sword and threatened to cut down the first man who dared to attempt to pass me; and the fact that they had freshly primed their muskets, thinking, I presume, to intimidate me, only added to their guilt instead of lessening it.

Shortly after the termination of these proceedings, Major A – – - having returned, an investigation, at his suit, took place on certain allegations I had made in my report of the causes which led to the insubordinate condition of the garrison. Some how or other, after every inquiry my conduct seemed to rise higher in the estimation of those by whom I had been employed. Finding facts against him, the Major tried to make it an affair between

AN INVESTIGATION.

the two corps, and having taken a week to make his opening address to the Court, I was not long in demolishing his arguments; two or three hours being sufficient for that purpose. The President of the Court was a great friend of the Major's, but very unpopular with every body else. He showed so much partiality, that he laid himself open to some remarks from me, which so much hurt his feelings that he declared in open court that he would call me out. He had listened for a whole week to a discourse from my opponent, and during the two hours required for my reply, I was interrupted at every sentence. I therefore said that the other members of the Court did not appear to enter into his views, I should treat his repeated interruptions with indifference, and he would find that neither in court or elsewhere would I be put down by him. He wanted me to bring more witnesses. I only brought two. The documents before the Court were quite sufficient for my purpose, and I would not produce any others to please him. The Major in his address to the Court indulged in a deal of declamation, and amongst other things stated he had learnt that, in consequence of my tyrannical conduct, I was hated by the whole of the gentlemen in the Government employ on the island. I produced the copy of the address I had declined

AN INVESTIGATION.

to receive, containing the signatures of these very people, and said if the Major could produce a similar proof of sympathy, he would doubtless do so; and if not, I should presume that his popularity rested on the same basis on which he wished to place mine.

The whole was a laughable farce, and my only fear afterwards was that I had indulged in too much irony and levity to be agreeable to the authorities, for whose information the Court had been assembled. The attempt made to breed ill feeling between the two corps I deprecated. I was not in the habit of taking counsel from those serving under my command, and I begged they would therefore consider me as wholly and solely responsible for my supposed reflections made on a corps, whose character stood too high to need my praises and which was too distinguished to be affected by what others might choose to say had been my conduct towards them.

As all officers who might be doing duty at Sydney were considered honorary members of the mess of the regiment, stationed there for the time being, I determined to carry this affair through, and I therefore went that same evening to dine at the mess of the rival corps, as I did every succeeding

A FIRE.

day until I left Sydney, and was received always with the greatest attention and kindness.

Moreover, on one occasion when their officers were all absent from the barracks, happening to be in their mess-room reading the papers, a number of officers from an American frigate called on them. I apologized for their absence, asked the whole party to lunch, and when they had left highly delighted, I told the mess-waiter to see that the whole was charged to my account. The president of the mess-committee afterwards called to thank me for having received the American officers during their absence; but said they could not permit me to pay for the entertainment of their guests, as I had requested the mess-waiter to do.

Where there exists any pre-disposition, the harmony between two corps is easily interrupted; this was nearly occurring to me a few weeks afterwards. A fire took place in the town, and as field-officer of the week, I took the command of the whole party; when having received a complaint that a brace of pocket-pistols had been stolen by the working party from a shop from whence they were removing their articles, previous to marching the men to their barracks I ordered them to fall in by regiments, and commencing with my own I passed down the ranks requesting each man to

GET INTO FAVOUR.

take off his cap. The only soldiers who complained of the indignity of being thus searched, were three or four men of the 50th regiment, one of whom had the stolen property on him. It was fortunate in my circumstances that I had caused my own people to be searched first, or I should have been accused of offering them an intentional insult.

I never, whilst I remained at Sydney, heard anything of the results of the different ordeals through which I had passed, but subsequent events occurred which showed that I had grown mightily in favour. Meeting the General in one of my rambles, he called me to him to say that it had been the intention of Sir George and himself that I should return to take charge again of the settlement at Norfolk Island; but that an officer had arrived from England appointed by the Home Government to that charge. This officer was Captain M – – -, under whom the whole management was to be revised, and as it was called ameliorated. I begged to assure him that I was quite satisfied with the change, as I had no wish to return to the island. But I still felt like a bull in a china shop, and I have no doubt that others considered me in the same light, ready to make a tilt at anything that came before me; for I made no advance

AN INTERVIEW.

towards getting reinstated in the good graces of my superiors, and in consequence I was still excluded from their social board.

The detachment of the 80th I commanded at Sydney, dwindled away every day in consequence of detachments being sent from it to other stations. At length an order came for one captain and sixty men to be held in readiness to embark for New Zealand, and having now no further command, I applied to the military authorities for a cart to convey my luggage to Windsor, the headquarters of the regiment. The following morning instead of my requisition being returned "granted," I was ordered to meet the General at the Military Secretary's office, and here I found the General, his Aide-de-camp, the Brigade-Major, and Military Secretary sitting in conclave. The General opened the business of the day by informing me that he had received my requisition for a cart, but that instead of my going to Windsor, circumstances required my services elsewhere. "I shall," said he, "increase by a few men the force about to proceed to New Zealand, and send you in command of it. Would you like to go there? and if so, how long would it take you to get ready?" "Twenty-four hours," was the reply, "if you do not want me to embark sooner, and I am always ready to go when ordered." "Should

AN INTERVIEW.

a civil appointment be attached to the command would you like to take it?" My reply was, "Most decidedly not." The General seemed somewhat disconcerted, and said, "You seemed to be very irate against the civil authorities, pray what cause has given rise to it?" I told him the treatment I had received was not likely to make me desirous of accepting employment under them again, unless forced to it from my military position. "This," he added, "seems to me very strange, for I have frequently heard Sir George Gipps state that he was better satisfied with your administration of the convict establishment at Norfolk Island than with that of any of your predecessors, and he was surprised you should keep so much aloof from him since your return. You know he had decided on your return to the island, but for the arrival of Captain M – – -, and I certainly would recommend your seeing him." I made my bow and retired, promising to wait on the Governor.

On returning to my quarters I addressed a note to Mr. Parker, the private secretary, informing him that I had been appointed by Sir M. O'Connell to command the troops about to proceed to New Zealand, and as his Excellency, I understood, might wish to see me before my departure, if he would

INTERVIEW WITH

name an hour when he would be at leisure to receive me, I would wait upon him.

The reply was he was ready to receive me immediately. I found Sir George alone. He received me very kindly, and making no allusion to our former misunderstanding, he at once entered into the business on which he desired to see me. He said he had received very bad news from New Zealand. The Lieutenant-Governor who had hitherto done nothing, not even so much as settled on the site for a town was, when the last accounts left the island, in a dying state from an attack of paralysis, and he had much reason to fear since, that his authority was exercised by a person attached to him in a manner he could not approve. He had been much disappointed in the person whom he named to succeed to the government, in the event of the contingency taking place which had now actually occurred; that person having left the authorities constituting the government in the greatest confusion, and although he (Sir George) had heard that he had been for some days in Sydney with his family, he had yet not reported his arrival, nor could he learn beyond rumour the actual state of affairs when he left that colony.

Under these circumstances he wished me to go to New Zealand and assume the charge of the govern-

SIR GEORGE GIPPS.

ment; should I find the Governor dead or incapable of performing personally the duties, I was to receive £1000 per annum, and he had little doubt that my appointment would be confirmed by the Home Government. Of course, should the Lieutenant-Governor be recovered, I should then only have to take charge of the troops and assist him if I pleased with my counsel; but at all events he advised me not to sign any papers for him, or act in his name or behalf without first receiving his resignation.

I was greatly taken aback at this proposition, for the reception of which I was by no means prepared. My education and previous habits disqualified me for the charge sought to be thrust upon me. The colony was a prey to land sharks and jobbers, at the head of whom was the New Zealand Company, and as the government departments were not yet organized, and with no person to advise with, I pointed out to Sir George what would thus be the difficulties of my situation, and the doubts I entertained of my ability to overcome them. At length he became angry, and said, "I must have a decided yes or no, for if you refuse it I must seek for another person for this duty. All difficult questions you will have to submit to me as Governor-General, and the instructions you will

INTERVIEW WITH SIR G. GIPPS.

receive will remove any odium that might be cast upon you in decisions on the validity of the land claims, and in other difficulties you can always consult me." I pleaded to be allowed to assist Captain Hobson, should I find his health recovering. To this he assented, only he strongly advised me to sign no official document or give any judgment for him, unless I had his previous resignation of office. He further informed me that the "Herald," sloop of war, should follow for the Bay of Islands in a few days, for it was absolutely necessary that the tribes on the coast to the southward should be visited to obtain their adhesion to the treaty. The violent quarrels between the Lieutenant-Governor and the Captain commanding the sloop of war, in which he had been on a previous occasion a passenger had, it was supposed, augmented the illness of the former, and occasioned the paralysis from which he now suffered. They were both naval officers of the same rank, and equally violent in temper, and it would be difficult to decide between them; but he could not on that account allow the public service to suffer.

I now, before sailing, dined with the Major-General and the Governor, which I had not done before. There was a very large party at Government House where a very unexpected and ludicrous

MRS. A – – -

adventure awaited me. Major A – – -, my predecessor at Norfolk Island, with Mrs. A – – - were of the party; and as I knew nobody there, and the aide-de-camp had neglected to introduce me to any of the ladies to hand to the dining-room when dinner was announced, I was left with Mrs. A – – - and another gentleman and lady in the drawing-room, the rest having preceded us. I did not however hesitate to request permission to hand Mrs. A – – - into the dining-room, which she granted on my pleading the claims of "Auld Lang Syne;- " for previous to my quarrel with her husband, we had, at Norfolk Island, been upon the best of terms, and her children had in some measure renewed the acquaintance, by frequently calling to me from overhead at the barrack, my room being under theirs. The youngest little girl used always to call herself my wife, and made so great an outcry when she first discovered me, that the rest of the children with their mamma came to the window to see what was the matter, and I was rewarded with a salam of recognition from the latter, which made me presume I had not entirely lost her favour.

As we proceeded to the dining-room, she inquired very eagerly whether it was true that I had been appointed Lieutenant-Governor of New

MRS. A – – -.

Zealand, I told her it was not yet decided upon, and surveying myself complacently, I asked her in return if she thought I would do for a King of the Cannibal Islands. She replied, "You will do for anything you will undertake, I have no doubt that neither my husband nor the officers of his regiment will believe the report, but pray do tell me without joking is it true or not." On taking our seats on the opposite side of the table from the Governor, he seemed quite pleased at the adventure, and lost no time in taking wine with both of us. The husband, on the contrary, looked very indignantly at his wife, for we were soon the noisiest pair in the room. Our conversation turned principally on Norfolk Island, and what she was pleased to term the havoc I had made there. "You horrid creature," she said, "they tell me you have entirely destroyed my parterre and flower-plots below the Government House, and that you meditated the destruction of the serpentine streams and gravel walks, and in fact everything that was ornamental and which cost me so much trouble." And thus she continued to rail on half in earnest, half in jest: I asked her if she had received the arrow-root safe that I had brought back with me. It had been very badly packed in the harp case, for a part of the lid having become unscrewed, the contents

DINNER BADINAGE.

were exposed, and it was about to be seized as my property, until I succeeded in hurrying it past by saying it belonged to her. She made no reply until I added, "That must have been a shocking bad harp of yours; they tell me it was always on the transit to Sydney wanting repairs." She then replied, laughing. "Well, I feel obliged to you for that, but still I think you destroyed my flower plots, you wretch, to annoy me." She appeared to be aware of everything that had taken place on the island after her departure, even to the detention of the whaler and his wife. I vowed if she continued to abuse me in that way I would not hand her in at the next dinner party. She coolly replied, "I begin to think that I have already honoured you too much!"

I experienced afterwards great kindness from the Major-General and his family, and it seemed that I had entirely recovered his good opinion. I also waited on Mrs. Hobson, who, with her governess and four young children, were going to join her husband, the Lieutenant-Governor of New Zealand. She appeared to be a very interesting person, and I was glad to hear before we sailed that a vessel which had recently arrived from the Bay of Islands brought more favourable accounts of her husband's health.

ROUGH TREATMENT.

The first detachment under Captain Lockhart had embarked some days before, and I found great difficulty in getting a passage for my horse or any accommodation for myself. The Commander of the "Buffalo," a rough seaman, was entirely governed by his first-lieutenant, and I never experienced so much incivility from any person as I did from this officer. The next senior officer pretended to condemn his conduct, in order to ingratiate himself in our good opinion, at the same time, I afterwards learnt that he was the mover and adviser of the conduct being pursued towards us. I was obliged to sleep between deck, wherever I could find a soft plank to put my bed upon. As it is seldom that men behave in this way without some cause or object, I found out after I had left the vessel that we were not blameless, but our fault proceeded from ignorance, and it would have been much more creditable to the first mate to have pointed out our error than to have pursued so low and degrading a line of conduct. The officers of the detachment which first embarked had adopted the plan of messing themselves, and as there was nothing particularly engaging in the master and commander's manner, I joined their mess, conceiving also that it would be affording Mrs. Hobson and her family more accommodation. We

ARRIVAL AT NEW ZEALAND.

were none of us aware that the master and commander lost £1 per diem by my not dining at his table, and the gun-room, 10s. per diem for each of the officers, by their not joining them.

I was, however, determined to submit to any thing rather than involve myself in a row with them.

On arriving at the Bay of Islands we found the Lieutenant-Governor much better: he had recovered the use of his hands so as to be able if not to write, to affix his signature; but he was in great dread of having again to embark in the "Herald," which was daily expected from Sydney. Her commander, according to his statement, was anything but a gentleman, and now that he was in such a fair way of recovery it would retard his cure if not kill him. He begged most earnestly that I would take that duty for him, saying that the captain would behave quite differently towards me, if it were only to recover credit and show the world that he, Captain Hobson, was in the wrong. It was a grievous sacrifice for me to make, the troops not having yet landed or arrangements been made for their accommodation, but I could not prevail upon myself to refuse him. We could get no boats from the "Buffalo," nor did the commander seem to care to land us. I believe he derived some ad-

A MENACED REVOLT.

vantages from issuing the men's provisions on board, but at length he decided, and, as if on purpose, selected a wet and uncomfortable day. I had scarcely time to select a site for the temporary encampment, when, after landing the men (principally unarmed) for the purpose of working as a fatigue party and to pitch their tents, I received an urgent request from the magistrates at Kororarika, to take the troops there as speedily as possible, as the natives were in a state of insurrection. I returned therefore on board with the men as speedily as possible in order to arm them, and the prompt arrival of several boats sent by English and American whaling vessels, enabled the detachments to pull for the menaced point, a distance of about fifteen miles. The baggage, landed with the tents, we were obliged to leave without a guard; until the commander of the "Buffalo" thought fit to land a party of marines to take charge of it. The cause of this sudden alarm, it was ascertained, had been that some native chiefs had refused to allow one of their woman to give evidence before the bench of magistrates, and they had forcibly taken her out of court. A panic was the result amongst the European inhabitants, and their issuing from the windows as well as doors of their habitations in the greatest state of alarm was not

QUICK DISEMBARKATION.

calculated to impress the natives with the most favourable idea of their valour.

The alacrity with which the whalers, particularly an American, supplied us with boats, enabled the whole detachment, from which neither an officer or man were absent, consisting of one field-officer, one captain, two subalterns, four sergeants, two drummers, and eighty rank and file to land simultaneously on the beach of Kororarika in a very short space of time. We were not however in review order. Many of the men, in the hurry of arming themselves, put their belts over their shirts, not being able to find their jackets, but this sudden appearance of the troops seemed to have confounded the natives as much as it gave confidence to the terror-stricken Europeans.

I ordered Lieutenant Smart of the mounted police corps, who had arrived before us from Sydney with a few men, to assemble the principal inhabitants, who had arms, and by making a detour to cut off the retreat of the natives to the Flag Staff Hill, some years afterwards celebrated as the place where the British received their first check from the chief Heki. The church which had been recently erected was also occupied by a few of my men and some armed inhabitants, in order to prevent the natives from passing by the rear of

THE CAPITULATION.

the town and cutting off our communication with our boats. I had also previously arranged that a sergeant's party which had been passed to the front should, on the bugle sounding to advance, take possession of some canoes drawn up across the beach, as offering a convenient place for a conference with the chiefs, but with orders not to fire a shot excepting in case of urgent necessity.

The natives offered no resistance, but without attending to the interpreter or magistrate, they eagerly inquired "What is it they have got," alluding to the bugle, "which speaks at such a distance?"

The chiefs were easily persuaded to permit the woman to return and give her evidence, and to express their regret at what had occurred. Before the party broke up, I took the opportunity of requesting the interpreter to shew them the position of Lieutenant Stuart's party, who had now arrived at his ground, and had the natives resisted, that retreat would have been impossible and their destruction certain. They seemed impressed with a very extraordinary idea of what soldiers were, conceiving them to be a peculiar race, distinct from other Europeans, and in combat not to be overcome; and it was by keeping up this prestige that so small a force was enabled

CAPTAIN HOBSON

for the four years that I remained in the country to keep them in subjection. They had also an idea that every military man down to the private soldier ranked as a chief, and as none of the latter would, in these days, allow another of less rank than himself to touch his head, the officers used to watch with some anxiety the men playing and wrestling with them; but the high rank the soldier was supposed to possess, occasioned their somewhat practical jokes to be received with great good humour.

Captain Hobson, the Lieutenant-Governor had a good deal distinguished himself by the capture of some pirates in the Mediterranean; and the great personal risk he there incurred, he was afterwards employed with a sloop of war, the "Rattlesnake," on the coast of New Zealand, and he first attracted notice by his report on that colony to the Government, and which occasioned his being appointed consul or some such other ridiculous title incompatible with the exercise of his duty as governor, and it was some dispute with the Captain of the "Herald," about the salutes he was to receive and the number of guns, that occasioned their disagreement. He was fluent of speech and wrote a good despatch, and was not without abilities, but had not the necessary grasp of thought

CAPTAIN HOBSON.

to seize the main point of a question; in other words, to separate the grain from the chaff. He was very jealous of his authority and obstinate, particularly as disease made encroachments on his frame and intellect, which had become before his death gradually impaired. He was of social habits, and had the faculty of making private friends and also of creating public enemies. On our arrival he was living at Paihia. This was particularly inconvenient as it placed him at a distance from the Government offices and the troops, but with some difficulty I persuaded him to remove to the opposite side of the bay. The village of Kororarika had already been settled by Europeans, and there was good anchorage for vessels of a large size opposite the town; but unfortunately some differences had arisen between him and the inhabitants, regarding particular sites he wished to be given up for the erection of public buildings; although with a little more conciliation the difficulty might I think have been adjusted. As it was, it ended in his selecting a site for the principal town five miles up the harbour, which he called Russell, in honour of the minister, and had he succeeded in prevailing upon people to build, this would materially have injured the trade and prosperity of Kororarika.

THE MOUNTED POLICE.

I cannot conceive what occasioned Captain Hobson to send for the body of mounted police from Sydney, which had preceded us. We found the horses nearly starved. No roads had been established in the country, and even the communication between Kororarika and the camp was an impassable swamp. They were about as much required as a body of horse-marines. Even when they were removed to the Thames and Auckland, I never saw them more usefully employed than in driving from the bush Mrs. Hobson's cows, when these strayed too far away.

In my report to the Major-General, on our arrival, I mentioned that the magistrates had called upon me for military aid, and for the first week or two the men had some very arduous duties to perform. Some privations were experienced from the want of boats necessary to convey the reliefs of guards to Paihia, and I regretted to say that the assistance derived from H. M. store-ship "Buffalo" was not of a nature to lessen the inconvenience.

The site I selected for the encampment had the advantage of being sheltered from the prevailing winds. There was plenty of fire-wood at hand as well as excellent water. I authorised the Commissariat officer to purchase a wooden building close to the encampment, then occupied by a European, in which the commissariat stores, with

AN EXPEDITION.

the exception of some buried butts of rum, might be well housed and kept dry. Our encampment was also near the proposed site of the Lieutenant-Governor's residence, and that of the public offices. The Commissariat officer, up to the period of my departure for the south, had not been able to purchase a boat which was much wanted.

Having got a tribe of natives of the neighbourhood to build a hut for a mess-house, one end of which was of mud, so as to enable us to have a fire-place, and the other end partitioned off as a store, I was prepared, on the arrival of the 'Hazard,' to embark on board that vessel, and visit the Southern Islands. I was supplied with an interpreter, the son of the principal missionary, Mr. Williams. Ample instructions were also given me, with copies of those from Lord Normanby, the Secretary of State, to Captain Hobson, and a copy of the treaty of Waitanghi.

The causes which induced me to undertake this charge, I reported to the Major-General commanding at Sydney.

"On board H. M. ship 'Herald,'
"Coromandel Harbour, May 1, 1840.

"Sir,

"At the earnest request of Captain Hobson, the Lieutenant-Governor of this colony, I have been induced to embark on board H. M. S.

LETTER TO SIR M. O'CONNELL.

'Herald,' for the purpose of continuing and superintending that part of his Excellency's instructions which relate to the acquisition of the sovereignty of the island of New Zealand, namely Stewart's Island, Middle Island, (marked in the charts, Tavia Poonamoo) and such parts of the Northern Island as may not already have been ceded to the Queen.

"This was at a period when the troops had scarcely time to settle themselves in their encampment, and the erection of the barracks from the materials of the wooden store-house, mentioned in my last as intended to be put up for the accommodation of part of the force, had not yet been commenced. I felt and expressed great reluctance to enter upon other duties apart from those of my profession, yet the position in which I stand, with Captain Hobson's continued indisposition, the necessity which existed for the immediate completion of the duties now imposed upon me and which, if not executed, might occasion much embarrassment to the Government; forced me to acquiesce in his proposal, and having done so, I hope it will meet with your approval,

"I have the honour to be, &c,
"T. BUNBURY,
"Major, 80th Regiment.
"Sir M. O'Connell, K, C. B. &c."

1 Copy mislaid since.

CHAPTER II.

CHAPTER II.

Letter from Captain Hobson on the affairs of New Zealand – From Lord Normanby to Captain Hobson, R. N. on the subject of the duties he will be called upon to discharge – The treaty of Waitanghi – Observations on Governors and the Home Government – Letters written to Captain Hobson find their way into the Papers ordered to be printed by the House of Commons – Receives the thanks of the Secretary of State for the Colonies – Voyage to the southward – Squabbles of official people.

"Paihia, April 29, 1840,

"Sir,

"Your very brief connection with New Zealand may render an apology unnecessary for entering on a short sketch of the progress of our connection with this country, and the constitution of those authorities with whom you will, in the execution of the duties you have undertaken, be called upon to carry on negociations.

"From the time of Cook's discovery to the year 1812, we had little connection with New Zealand. Whale ships occasionally called there, and Government appear to have directed their attention to the Formium Tenax, which here grows indigenous; but they never proceeded further than to transplant it from this, as it was then

MISSIONARIES.

considered inhospitable shore, to Norfolk Island, where it was supposed it might be profitably cultivated by convict labour, under the superintendence of some New Zealanders, who were inveigled, or forcibly carried there from their native country.

"In 1814, the attention of certain religious associations in England was aroused to the state of lamentable barbarism in which this very fine race of men were still existing; and they took steps for the establishment of a Mission, which owing to the ferocity of the natives, was not completely organized until the year 1823.

"The enthusiastic zeal of the Missionaries, who were of the Church Mission and Wesleyan Societies, enabled them to struggle with innumerable difficulties, and eventually so far to ameliorate the character of the New Zealanders, that intercourse between them and our countrymen met with little or no interruption. The facility of communication being once created, the adventurous and enterprising spirit of Britons soon produced its effect, in the establishment of commercial houses, and the occupation of the soil.

"In 1832 it was deemed right to appoint a representative of the British Government under the title of President, and the year following it, a declaration of independence was signed by the principal chiefs at the instance of the Government,

PUBLIC FEELING.

and formally recognised by King William. This was done with a view of forming a confederation for the purpose of making laws. A most foolish proceeding on the part of Mr. Busby, the resident; but the experiment failed, from causes which will be sufficiently obvious when I speak of the customs of the natives and their political condition.

"In the early part of 1838, public feeling in England was very generally directed to New Zealand, by the revival of a Land Company, which was originally formed in 1825, and of which Lord Durham was, and continued to be the chairman. A bill was brought into Parliament to colonize New Zealand, but failed from its details. Public feeling, however, once awakened, was not again likely to slumber. It was evident from all that had transpired, that Government, however unwilling, would be compelled to take some decisive measures in the case, and in consequence a vast number of speculators purchased land from the natives, and extensive unauthorized settlements were made.

"As was generally predicted, measures were adopted by Her Majesty to colonize this country, and I was appointed last year first to treat with the native chiefs for the sovereignty, and then to assume the Government.

"The political condition of the New Zealanders, if I may be permitted to apply the term to a

STATE OF SOCIETY.

species of wild independence which acknowledges no control, is extremely inartificial; the whole community is split into innumerable petty tribes, and every free man enjoys equal rights – no tribe exercising any control over another, and no person, being vested with the power to command or direct the movements of the tribe. A principle, however, inherent in human nature gives some persons a considerable moral influence, and enables them with a little address to guide and direct their companions. When these gifted persons disagree, the tribe is divided into separate communities.

"In this state of society, formed of a vast number of petty democracies, without any union of purpose, or any acknowledged leader, it will be impossible to observe the usual formality of negociating a treaty. The mode I followed was in accordance with the native custom. I collected the chiefs by a circular notice, and when assembled addressed them on the subject I had to recommend for their consideration. For instance, I explained in the fullest manner the reason why Her Majesty had resolved, with their consent, to introduce civil institutions into this land. I showed that the unauthorized settlement of British subjects here had rendered such a measure very essential for their benefit, and I offered a solemn pledge that the most perfect good faith would be kept by Her Majesty's government, that their property, their

TREATY WITH CHIEFS.

rights, and privileges should be most fully preserved. I then read the treaty, and explained such parts of it as might not be very intelligible to their untutored minds, and I invited the chiefs to offer any observations, or remarks, or to ask explanation of any part they did not clearly understand. In this way I satisfied myself I had complied with the spirit of my instructions. These Koraroes, as they are called, will be a great tax on your patience, for probably every one present will address you in a long speech full of angry opposition, and very little to the purpose; but to secure a favourable termination to the debate, you have only to obtain the friendship of one or two of the most influential chiefs, who will probably give a favorable turn to the meeting, and all present will very soon yield to your proposal.

"You will be under one advantage in treating with the southern chiefs, the tribes are larger, and the authority of the chiefs is better defined. In all cases you will find the Missionaries, both of the Church of England and Wesleyan Societies, perfectly ready to promote your views, and to assist you in collecting the chiefs.

"The distribution of presents requires much tact and caution, to avoid jealousy. If the Missionaries will undertake this part of the ceremony, you will be relieved from much embarrassment.

"I append a few observations from Mr. Wilson

TREATMENT OF THE COMPANY.

of the Church Missionary Society, relative to the Bay of Plenty, and the locality of Tauranga, which may prove useful both to Captain Nias and yourself. The nautical remarks are rendered valuable by Mr. Wilson's knowledge of maritime affairs he having served some years in the navy.

"I have the honour to be,
"Your most obedient servant,
"W. HOBSON.
"Lieutenant-Governor."

The next is a very lengthy letter from Lord Normanby, and had these instructions been steadily followed out, the colony would in a very short time have been in a flourishing condition. The Government seemed to have treated the New Zealand Company in the first instance, in their proper character, as mere speculators who, under pretence of conferring a great benefit on the colony, were in reality forcing their services upon the Government at home, and thwarting the local authorities and the measures of the Lieutenant-Governor; pretending to have purchased large tracts of land from the natives (for which they never paid) and evading to submit their claims to the land commissioners. Hence, of the allotments sold by them in England, few of the purchasers could be put in possession, and the title deeds were so worded that none of the unfortunate emigrants who returned

APPOINTED AS CONSUL.

to England could ever recover their purchase money.

Strange to say, the parliamentary influence of some of the members of this Company was so great that, despite their misdeeds, they contrived even to obtain loans of money from the Government to be employed in setting aside the legitimate colonial authorities and their regulations, and in establishing a kind of controlling power, than which nothing could have been more pernicious to the general interest of the colony.

"Downing Street, Aug. 14, 1839.

"Sir,

"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 duties which you will be called to discharge in a separate capacity, and under my own official superintendance.

"The acquaintance which your service in Her Majesty's navy has enabled you to obtain with the state of society in New Zealand, relieves me from the necessity of entering on any explanations on that head. It is sufficient that I should generally notice the fact that a very considerable body of Her Majesty's subjects have already established

ADVANTAGES OF NEW ZEALAND.

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 the proceedings with attention and solicitude. They have not been insensible of the importance of New Zealand to the interests of Great Britain and Australia, nor unaware of the great natural resources by which that country is distinguished, or that its geographical position must in seasons of either peace or war enable it, in the hands of civilised men, to exercise a permanent influence in that quarter of the globe. There is probably no part in the east 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

INTERPOSITION OF GOVERNMENT.

injury which must be inflicted on this kingdom itself, by embarking in a measure essentially unjust, and but too commonly 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 recognized 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 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 2000 British subjects had become permanent inhabitants of New Zealand, that amongst them were many persons of bad or doubtful character, convicts who had fled from our own Penal settlements or seamen who had deserted their ships, and that these people unrestrained by any law, and amenable to no tribunal, were alternately the authors and the 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

INTERPOSITION OF GOVERNMENT.

this country to occupy and cultivate these lands. The spirit of adventure having thus been effectually roused, it can no longer be doubted that an extensive settlement of British subjects will be established rapidly 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 savage tribes have almost invariably disappeared, as often as they have been brought into the immediate vicinity of emigrants from civilized countries. 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 to establish 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 independant state, so far at least as it is possible to make that acknowledgment in favour 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. The Queen in common with Her Majesty's immediate predecessor, disclaims for herself and for her subjects every pretension to seize on the Islands of

CESSION OF THE ISLANDS.

New Zealand, or to govern them as a part of the dominions of Great Britain, unless the free 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 so precarious and little more than nominal, and persuaded that the benefits of British protection and 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 authorize 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 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, of a formidable encroachment on ours; and their ignorance even of the technical terms in which such a proposition must be conveyed, may enhance their aversion to an arrangement of which they may not be able to

REASONS FOR THEIR CESSION.

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's 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 require lands or habitations. If it should be necessary to propitiate their consent by presents, or other pecuniary arrangements, you will be authorized to advance at once to a certain

RECOGNITION OF THE QUEEN.

extent in meeting such demands; and beyond these limits you will reserve and 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 negociation 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 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 obviously the same thing whether large tracts of land be acquired by the mere gift of the Government, or by purchases effected on mere 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 possessions must long remain an unprofitable, or rather a pernicious waste. Indeed, in the com-

PURCHASE OF LAND.

parison of the two methods of acquiring land gratuitously, that of grants from the Crown, mischievous as it is, would be 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 any title to land as valid, 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 in her behalf. You will, however, at the same time take care to dispel any apprehension 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 that before your arrival great addition will have been made to them. The embarrassment occasioned by such claims will command your earliest and most careful attention.

APPOINTMENT OF A COMMISSION.

"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 resources necessary for encountering the difficulties 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.

"The propriety of immediately subjecting to a small annual tax all uncultivated lands within the British settlements in New Zealand, will also immediately engage the 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 to the public, by the actual claimants.

WASTE LANDS.

"Having by these methods obviated the danger 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 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 appointed to watch over the interests of the aborigines as their protector. The re-sales 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 will 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 re-sold by the Government to the settlers. Nor is there any real injustice in this inequality. To the natives, or the 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.

DEALINGS WITH NATIVES.

"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 the 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.

"There are yet other duties owing to the aborigines of New Zealand, which may all be comprised in the comprehensive expression of promoting their civilization 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

ESTABLISH SCHOOLS.

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 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 civilized life, and trained to the adoption of its habits, they must be carefully defended in the observance of their own customs, so far as they are compatible with the universal maxims of humanity and morals. But the savage practice 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 within any part of the dominions of the British Crown.

"It remains to be considered in what manner provision is to be made for carrying these provisions into effect, and 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 sug-

LEGISLATION.

gested 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 emigration 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, all went to show the impracticability of the schemes proposed for adoption, and the extreme difficulty of establishing at New Zealand any institution legislative, judicial or fiscal, without some more effectual 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 obtained 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 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

LEGISLATION.

possessing a 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 to that of the aborigines, that they should first be placed under a rule which is at once effective, and to a considerable degree external.

"The proposed connection with New South Wales will not, however, involve the extension to New Zealand of the character of a penal

LEGISLATION.

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 the 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 I enclose under Her Majesty's sign manual, will constitute you Lieutenant-Governor of this part of the New South Wales Colony, which has 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 there. You will then return it to him, to be deposited among the Articles 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 Lieu-

SELECTION OF OFFICERS.

tenant-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 officer for your assistance. That such appointments will be indispensable is not 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 G. Gipps as to the number and the nature of the official appointments which should be made at the commencement of the undertaking, and as to 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 individuals by whom such offices are to be borne, must be made by yourself, from the colonists of New South Wales, or New Zealand; but upon the full and distinct understanding that their tenure 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 Treasurer, a Surveyor General of Lands, and a Superintendant 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,

REVENUE.

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 provisions 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 a revenue being raised to defray the expenses of the Government of the proposed settlements in New Zealand, has not of course escaped my careful attention. Having consulted the Lords of the Treasury on this subject, I have arranged with their Lordships, that until the sources of such a revenue shall have been set in action, you should be authorized to draw on the Government of New South Wales for your unavoidable expenditure. Separate accounts will however 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

REVENUE.

be repaid by the earliest opportunity possible. Duties of import on tobacco, spirits, wine, and sugar, will probably supersede the necessity for 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 acquired by the Crown in New Zealand. Separate accounts must be kept of the land revenue, subject to the necessary deductions for the expense of surveys and management, and for the improvement by roads and otherwise of the unsold territory, and subject to any deduction which may be required to meet the indispensable exigencies of the Local Government. The surplus of the 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

REVENUE.

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 inclose for your information and guidance copies of a correspondence between this department and the Treasury, referring you to Sir G. Gipps for such additional instructions 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 correspondence 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

DESPATCH OF REPORTS.

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 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 also will 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

TREATY OF WAITANGHI.

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 remembering how powerful a coadjutor 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 the honour to be, Sir,
"Your most obedient, humble servant,
(Signed) "NORMANBY."
"To Captain Hobson, R.N. "

The next document which I shall transcribe, is that to which I was required to procure the approval and acquiescence of the native tribes to the southward of the Bay of Islands; the much cited and often discussed treaty with the New Zealanders, commonly called the Treaty of Waitanghi.

"Her Majesty Victoria, Queen of the United Kingdom of Great Britain and Ireland, regarding with her royal favour the native chiefs and tribes of New Zealand, and anxious to protect their just rights and property, and to secure to them the enjoyment of peace and good order, has deemed it necessary, (in consequence of the great number of Her Majesty's subjects who have already settled in New Zealand, and the rapid extension of emigra-

THE TREATY.

tion both from Europe and Australia, which is still in progress) to constitute and appoint a functionary properly authorised 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.

"Her Majesty, therefore, being desirous to establish a settled form of civil government, with a view to avert the consequences which must result from the absence of the necessary laws and institutions alike to the native population and to her subjects, has been graciously pleased to authorize me, William Hobson, a Captain of Her Majesty's navy, Consul and Lieutenant-Governor of such parts of New Zealand as may be, or hereafter shall be, ceded to Her Majesty, to invite the confederated and independent chiefs of New Zealand to concur in the following articles and conditions.

Art. 1. – "The chiefs of the confederation of the united tribes of New Zealand, and the separate and independent chiefs who have not become members of the confederacy, cede to Her Majesty the Queen of England, absolutely and without reservation, all the rights and powers of sovereignty, which the said confederation or individual chiefs respectively exercise or possess over their separate and respective territories, as the sole sovereign thereof."

THE TREATY.

Art. 2. – "Her Majesty the Queen of England, confirms and guarantees to the chiefs and tribes of New Zealand, and to the respective families and individuals thereof, the full, exclusive, and undisturbed possession of their lands and estates, forests, and fisheries, and other properties which they may collectively or individually possess, so long as it is their wish and desire to retain the same in their possession.

"But the chiefs of the united tribes, and the individual chiefs, yield to Her Majesty the exclusive right of pre-emption over such lands, as the proprietors thereof may be disposed to alienate, at such prices as may be agreed upon between the respective proprietors and persons appointed by Her Majesty to treat with them on that behalf.

Art. 3. – "In consideration thereof, Her Majesty the Queen of England, extends to the natives of New Zealand her royal protection, and imparts to them all the rights and privileges of British subjects.

"Now, therefore, we, the chiefs of the confederation of the United Tribes of New Zealand, being assembled in congress at Victoria, in Waitanghi, and we, the separate and independant chiefs of New Zealand, claiming authority over the tribes and territories which are specified after our respective names, having been made fully to understand the provisions of the foregoing treaty,

BAD GOVERNORS.

accept and enter into the same, in the full spirit and meaning thereof.

"In witness of which we have attached our signatures, or marks at the places and dates respectively specified.

"Done at Waitanghi this 5th day of February in the year of our Lord, one thousand eight hundred and forty."

When I was at New Zealand I often heard it asserted by Government officers and would-be wise people, that if the Home authorities were not to interfere with the Local Government everything would go well, and that at so great a distance it is absurd to suppose they can be so well informed of the native character, customs and prejudices, as those on the spot; but I rather opine that Her Majesty's Government was much better informed of what the Colony really required than any of the three governors they first employed, and even the native character was better understood by them as a whole. None of the governors took a sufficiently enlarged view of the subject. They listened to the particular traits of native character as related to them by the Missionaries, and put these stories, however absurd, down as grave matter for legislation – hence the last, the greatest simpleton of the three, violated most frequently his official instructions. How laughable were his declamation

BAD GOVERNORS.

and lachrymose indignation about the doctrine of conquest conferring right! This was when speaking of the Waikato tribe having carried into captivity the original natives of New Plymouth, and their selling the land which had been depopulated for several years previous. Of what I would ask consists the original title of property in land in any country, if it be not force and the sword? It so happened I was acting for the Governor in investigating the claims of the white population of this district, and their complaints of the riotous conduct of some natives who sought to dispossess them of their purchases, when a deputation arrived from New Plymouth headed by a Mr. Cooke, seeking redress. I had known this gentleman in England, and he told me that he had seen the Chief of the Waikato tribe on his way, and that the latter told him, "I sold you the land of Taranaki, and I put you in possession; the people who now trouble you are my slaves, who have recently run away and left me – I don't want them; but if you do not get redress from your Governor, let me know. I, and my tribe will march down and bring these bad men back again, so that they shall not again molest you!" "I told him!" said Mr. Cooke, "not to seek redress from the tribe, as I had no doubt that the Governor would see justice done to the settlers." What that justice was I knew not, but if we may judge from his pamphlet

ERRORS OF GOVERNMENT.

published in 1846, page 30, I am not disposed to think favourably of it. I will only add that the great errors on the part of the Home Government seems to have been their not insisting on their instructions being strictly acted up to from first to last, and their having allowed themselves to be influenced by interested persons of the New Zealand Land Company. It was not the least of their errors that they did not continue the government of New Zealand subordinate to that of New South Wales, a few months longer. Sir George Gipps was a practical man. He would have allowed Exeter Hall twaddle to speak, but not to act or intermeddle with the affairs of the Local Government, much less to hamper it. On my passage to visit the Southern Islands, I wrote on these occasions to Captain Hobson to acquaint him with the progress we were making. I was much surprised some years afterwards to find that these letters had been published in the Blue Book. They contained too much gossip to be considered in the light of official documents, but as Captain Hobson chose to consider them as such, I shall transcribe them, particularly as their gossip makes them more interesting in these recollections, than had they been more stiff and formal. To my surprise also, Her Majesty's Government seemed satisfied with them as official reports.

CHAPTER III.

CHAPTER III.

The Thanks of the Secretary for the Colonies received through the Lieutenant-Governor – Mission to the Native Chiefs – Interviews with them – Roman Catholic Missions of the Propaganda and Bishop Pompelier – Akaroa – Foveaux Strait – Visit to Bloody Jack, a Native Chief – Visit returned – Cloudy Bay – The Queen's authority proclaimed under a salute of 21 guns – Appearance of the Coast of Middle Island, as seen from on Board – Island of Capati – The Chiefs Rauperaha and Ranghihaita – Whalers – Testimonial of Conduct – Curious Custom in dividing the inheritance of a deceased Relative – Port Nicholson – Mr. Shortland appointed Colonial Secretary – Hawkes Bay and Hunt after a Chief – Approval of the proceedings of the Missions – Recommendations.

I received the following communication from the Colonial Secretary.

Colonial Secretary's Office, Auckland, June 27, 1842.

Sir,

I have it in command from his Excellency the Governor to acquaint you that by a recent despatch from the Right Honorable the Secretary of State for the Colonies, his Excellency is instructed by his Lordship to convey to you the acknowledgment of the Government for your exertions while on your mission to the southward, for the purpose

VISIT TO TAURANGA.

of effecting the adherence of the native chiefs to the treaty of Waitanghi.

I have the honour to be, &c.
(Signed) WILLOUGHBY SHORTLAND.
Major T. Bunbury, 80th Regiment.

The mission to which this letter refers was one in which I was engaged in H. M. S. Herald, for the purpose of procuring the acknowledgment of Her Majesty's authority from the chiefs of the southern parts of New Zealand. While employed on this mission I visited the whole of the coast, and an account of the incidents which occurred while I was so engaged, will be found in the following despatches.

H. M. Ship 'Herald,' Mercury Bay, May 5, 1840.

Sir,

Since I last had the honour of addressing you, I have made an excursion in the "Trent," schooner to Tauranga. She left the "Herald" at Mercury Bay on the 12th instant late in the evening, and arrived off Tauranga on the Sunday following; but the night was too far advanced to attempt to enter the harbour until the following day when Mr. Parker of H. M. ship "Herald," Mr. Williams and myself went on shore at the mission station, where we were received by the Reverend Mr. Stack; and I was agreeably surprised to learn that most

MEETING OF CHIEFS.

of the native chiefs in that neighbourhood had already signed the treaty, with the exception of the principal chief and one or two of his friends at the Otumoiti Pa. This Pa we visited the same evening, accompanied by Mr. Stack. It is a very extensive fortification, and appears to contain about one thousand men. The chief who declined signing is a very young man. His manner was less prepossessing than I had before seen in others. On our taking leave, he made the usual remark, that he wanted to consult the other chiefs, and that he would with them meet us at the Mission station on the morrow.

On the following day he did not speak until the close of the conference, and then only in private to Mr. Williams, after Mr. Stack and myself had left them, and to enquire how much he was to get for his signature. Another chief expressed some indignation, because the Christian chiefs had not, as he said, met them; I presume he meant those from the other Pa, where Mr. Stack's influence was supposed to extend more than to his own, and where a Roman Catholic residentiary and the Catholic Bishops were supposed to have more influence. A third chief, the principal orator on this occasion, amused me much. After the treaty had been read and explained to them, he quietly observed when his signature was required. "Now first let us talk a little. Who was the first

A CONFERENCE.

stranger that visited our shores?" On being answered, Cook. "And who was Cook's king? Was his name not Georgi?" On replying through the interpreter, yes. "And who then is this Queen?" I then informed him that King Georgi had been dead for some years, as also his two sons Georgi and Williami, who had succeeded him on the throne, and that the present queen was the granddaughter of Georgi. He then adverted to the wars of their tribes and chiefs, particularly with the natives of Vota Vua. I told him that one of the principal objects of my mission was to persuade all tribes at present at war with each other to accept the mediation of your Excellency, and to advise them to abide your decision. He objected strongly to our proposal of visiting at a future period the natives of Vota Vua, and he also observed. "If your nation is so fond of peace, why have they introduced into this country fire-arms and gunpowder?" He was in reply told, that the effects of this trade had been much deplored by the Queen's Government, who were anxious to mitigate its consequences, and to secure a regular form of government for their country. This I added could only be effected by giving the Queen the necessary powers, and it was for this purpose they were asked to sign the treaty, which had been before explained to them. He next enquired whether the Queen governed all the white

A CONFERENCE.

nations, I replied not all, but that she was Queen of the most powerful of all nations. She had, however, acknowledged the New Zealanders to be an independent nation some years ago, but that treaty had proved abortive, in consequence of the wars of their tribes amongst themselves, and their want of union; and to themselves alone, therefore, were to be attributed the evils they had endured. She did not seek the authority of white men, of whatever nation, to govern them, she sought that authority from themselves, as a spontaneous gift, vesting her with powers for their own good, and to avert the evils which she foresaw were accumulating around them by the increasing influx of white men, subject otherwise to no laws or control. On being told I was chief of a body of soldiers, and that I had served under the monarchs already named, the chief inquired, Should his tribe, agreeable to my request, abstain from making war on the natives of Vota Vua, would the governor send a portion of my force to protect them? I told them that your Excellency desired rather to mediate between them, and only in cases of extreme emergency would you be prevailed upon to act in any other manner; but if your arbritation was applied for, I had no doubt but that the custom of their country would be complied with, by your insisting on a compensation being made to the party injured, by the party offending.

PURCHASE OF LAND.

I spoke of the sale of lands, and the right of pre-emption claimed by the Queen, as intended equally for their benefit, and to encourage industrious white men to settle amongst them, who would teach the manufacture of articles which were so much sought after by them. I showed how much more it would be to their interest than to leave the sale of large tracts of lands to themselves. They might pass into the hands of white men, who would never come amongst them, but to hamper the industrious by their speculations. The Queen, therefore, knew the object of these men, many of whom, I had no doubt, had counselled them not to sign the treaty; but she would, nevertheless, unceasingly exert herself to mitigate the evils they sought to inflict on the country, by purchasing their lands herself at a juster valuation. The chief said, it was useless now to speak of this, as the white men had purchased all their lands; but they appeared quite satisfied, saying it was very just.

Your Excellency is aware of the very dilatory habits of the natives, I therefore told their chiefs in conclusion that it was necessary I should also pay my respects to the chief of the neighbouring Pa; and I therefore quitted them, leaving Mr. Williams for a time, to see if they would resolve whether, or not, to sign the treaty. He subsequently told me that presents had been demanded;

MANGATIONA PA.

but the chief said he would not believe the word of the Missionary, when Mr. Williams told him that he had little doubt, but that I would send blankets through him for distribution.

I afterwards visited the chiefs at the Mangationa Pa, all of whom had previously signed, with the exception of two, who were I regret to say absent with their families.

We were well received. The chief, a fine intelligent-looking fellow, named Nuka, said that he had dined; but if we would take some dinner it would soon be prepared for us. This Pa and the tribe are of considerable strength and importance. I was much pleased by their chief's manners, and from the good conduct he bears, should any mark of distinction ever be shown to any of them it would be well to secure the good will of this chief, who appears to be well disposed to the Government.

I have deemed it expedient to enter more fully into the details of this conference, as one which not only shews the general character of the natives, but also the nature of the obstacles I may hereafter expect to meet, when principles alien to the Government have been instilled by interested Europeans into their minds, as exemplified also at Coromandel Harbour. I cannot disguise from your Excellency my regret that men professing Christianity, should in a country whose

RIVAL MISSIONS.

inhabitants are scarcely able to comprehend the simplest doctrines of the christian religion, endeavour to create distrust of its ministers of any persuasion; Christianity in any shape with these people, being better than the deplorable condition of many of them at present.

Whenever the boat of the Protestant mission, I was told, left the station, a boat with the priests started also at the same time for the same Pa. These unseemly disputes sometimes ending with rioting could not have been very edifying to the natives. With Mercutio they might justly exclaim, "A plague o' both your houses." When expressing to the Catholic bishop, Pompelier, my regret that these scenes should ever occur, he replied, "It surprises me that you, an Englishman, brought up under a free Government should wish to deprive me of the privilege of judging for myself in these matters."

We arrived here this morning, having left Tauranga Harbour on the 13th instant. The natives at Otumoiti Pa still displaying their character for strict observance of previous engagements, until outbidden by the promise of an increased premium.

I have, &c. &c.
(Signed) T. BUNBURY.
Major, 80th Regiment.
To His Exc. the Lieut.-Governor of New Zealand.

AKAROA.

H. M. Ship, 'Herald,' June 28, 1840.

Sir,

Since the 15th ultimo, when I last had the honour of addressing your Excellency, we have encountered very unfavourable weather. The 'Herald,' during the night of the 24th on making Banks' Peninsula, was becalmed, and having anchored to prevent her drifting, she parted with her anchor and twenty fathoms of cable before she could again be got under weigh. She subsequently experienced a very heavy gale, and we were not able to enter the harbour of Akaroa until the 28th, when I disembarked with Mr. Williams and Captain Stewart; the latter from his personal acquaintance with the native chiefs of the Middle Island, and their language, I have found very useful. The language I am told by Mr. Williams, differs considerably from that of the northern island. At Akaroa we found a native village and some Europeans connected with whaling establishments. A Captain Lethart of Sydney, also here since the 10th of November last, has established a cattle run with about thirty head of horned cattle, and has two stockmen in charge of them. From the appearance of this herd I am inclined to believe the pasturage much better than at the Bay of Islands. Potatoes grown from this to the southward are unquestionably of a superior quality, and in no respect inferior to those grown

AKAROA.

in Van Diemen's Land. The natives are few in number, and consist principally of the tribe who escaped the massacre perpetrated here some time ago by Rouperaha. They effected their escape by the agency of a Captain J. Stewart and a super-cargo, named Cowell, in the brig 'Elizabeth,' of which I presume your Excellency has heard. I obtained the signature of the late chief Temaiharanui, and also the signature of a very intelligent well-dressed native who spoke English better than any I have met with in this colony. These two signatures I conceive of consequence, although from the diminished number of the tribe, they can scarcely consider themselves as chiefs.

The Sydney land traders are urging preposterous claims on the Middle Island as elsewhere, and although my present mission is only to obtain the adhesion of the native chiefs to a treaty with her Majesty, I trust I may be pardoned for suggesting that Banks' Peninsula should be surveyed as soon as possible and thrown open to public competition in allotments of convenient size, in order to stop further interlocation, or any mystification of conflicting claims.

The harbour of Akaroa is an estuary forming a basin, which extends about eight miles into the peninsula and is surrounded by very high mountains, precipitous at the entrance. As you advance, these mountains gradually slope and

SALE OF LAND.

form a succession of hills, clothed with verdure and timber to their summits, and abounding in streams of excellent water. The country has a very picturesque and park-like appearance, and seems well adapted for farms where both arable and pasture lands are required. Yet the title to fifteen square miles of the eastern extremity of Banks' Peninsula, including the whole of this beautiful harbour, has been sold by a Captain Rhodes of Sydney, and others, to Captain Lethard for £350. Captain Rhodes professes to have acquired a right to dispose of the property, having purchased it from a chief named Tyroa, for a consideration not named. The deed, or written agreement, a copy of which was shewn me by one of the stockmen, is dated Sydney, 18th of February 1839, witnessed by Charles Wild, solicitor, and signed by Tyroa. I much regret not having been able to meet with this chief, who usually resides at Otako. The weather was unfavourable on our way to the southward, and on our return he was absent.

This chief can, however, have no claim to the property at the Port of Akaroa, which he has assumed the right to dispose of, beyond the circumstance of his having been one of the hostile chiefs leagued with the late Temaiharanui against Rouperaha when the latter destroyed the tribe, and carried their chief into captivity. A brother of the late chief Temaiharanui residing at Akaroa,

POSSESSION OF STEWART'S ISLAND.

has signed the treaty, as also a chief married to a sister, residing at Otako. Proceeding south on Thursday the 4th instant, we anchored, and the vessel was moored at Zephyr Bay, southern port, Stewart's Island. This is one of the finest harbours I have seen, and its survey by a present pilot, Captain Stewart, in the year 1809, I am told by the officers of the ship does him great credit. Accompanied by him, the following morning, I went to visit a station in. the harbour, distant about four or five miles, where he formerly had some men employed as ship-builders; but although we found vestiges of them, it was evident that they had abandoned this part of the island some time previous to our arrival. There being little probability of our finding any natives on the island, Captain Nais and myself deemed it advisable the same day to proclaim the Queen's authority over the island, for which purpose the marines were landed with a party of officers from the ship, and the usual forms complied with. The original of this declaration of the right of sovereignity enclosed in a bottle, was buried on a small island near the anchorage, which becomes a peninsula at low water. A duplicate I now forward to your Excellency, with the signatures attached.

In some excursions I made, I was much pleased with the fertile appearance of this beautiful island.

RUABUKI.

Although the winter was so far advanced, it was not so cold as I had anticipated, from its being so far to the south. Indeed the number of paroquets seen flying about, gave it rather the appearance of a tropical island. The cassiowary has also been seen in different parts of the island, and I am told by Captain Stewart that he has seldom found snow to lay here for any number of days, even in the depth of winter. The soil appears to be in general good, with plenty of timber. There are several varieties of the pine – all the trees, however, appear to be ever-green. On Tuesday the 9th, the wind having shifted to a more favourable quarter, we were enabled to leave the harbour and sail for Ruabuki, or Long Island, in Foveaux Strait, where we expected to meet a tribe with a chief, named Bloody Jack, an epithet of which he is now ashamed and disowns, having resumed his native name of Tooiaki. On nearing the land, a boat came off with some Europeans and natives, who we found had been expecting our arrival for some time. A Mr. Hesketh, connected with the house of Jones, of Sydney, kindly undertook to bring off the chief in his boat the same evening, leaving an English seaman, formerly in the employ of Captain Stewart to pilot us to an anchorage. This seaman had been residing until recently at Paterson river, Stewart Island, of which he gave a favourable account. The Europeans there employed themselves

THE CHIEF TOOIAKI.

in boat building, and in the culture of wheat and potatoes, with which they supply the whalers, as also with pigs and poultry. He is at present, he says, in the service of Tooiaki, which chief returned from Sydney only in March last, in the same vessel with Mr. Hesketh. Two whaling ships were anchored in the neighbouring coast, one a Portuguese and the other French. Neither had been Very successful.

The native village being at some distance from our anchorage ground, Mr. Hesketh did not return until late in the evening. The chief Tooiaki came on board in a full dress staff uniform, of a British aide-de-camp, with gold lace trowsers and cocked hat and plume, in which he looked extremely well; and his behaviour at Captain Nais's table when he took tea, shewed that the examples he had seen, had not been lost upon him. He was accompanied by a native orderly sergeant, dressed in a corresponding costume.

The chief spoke a little English, and appeared to be aware of the nature of the treaty, but which I thought it necessary to have read and explained to him in the presence of Mr. Hesketh, and he signed it without hesitation. He said he had at his village twenty men dressed and trained as soldiers, and was very anxious that Captain Nais should permit them to come on board the following morning and see the marines go through the

THE CHIEF TOOIAKI.

manual and pelotoon exercise. To this, Captain Nais kindly acceded. The chief then gave me a paper written in English, which he wished me to sign. It was a declaration that the island of Ruabuki was his property and that of his tribe, to different individuals of whom he had allotted portions of it. Not wishing he should conceive that any deception was intended by Government, I wrote on the back of the document, "I have seen this paper, but am not prepared to give an opinion or any information on the purport of it. The treaty guarantees the full and exclusive possession of their land and other properties to the natives." No mention was made in this document of a title to Middle Island, although this chief styles himself the principal.

On the chief taking leave, I told him I should return his visit on the morrow, which I accordingly did, accompanied by Lieutenant Hewitt, Royal Marines, and Captain Stewart (to whom the chief was known) Mr. Williams and an officer from the ship in charge of the boat.

After being carried through the surf by some natives, we were received by the chief in the same scarlet uniform he had worn the day before, and by the sergeant who then accompanied him, at the head of six soldiers dressed in British uniforms, but without hats or shoes.

The chief took us to his cottage, a weather board

ROBBERY OF A SMALL VESSEL.

hut, and offered us rum of which he appeared to have a good supply; but Mr. Hesketh, to their credit, states that although they are not absolutely temperance men, they seldom get drunk.

I was afterwards introduced to his son, a fine boy of about seven years of age, of whom he appears justly proud; the child was dressed in a very becoming manner, and has six toes on each of his feet, which his father seemed to exhibit with much satisfaction. Rouperaha who is a great warrior, and the mortal enemy of this tribe, is similarly gifted with this unusual addition of toes. I at the same time received from him a memorandum, respecting the register of a small craft between twenty-five and thirty tons, building at Mauraki, which paper I beg leave herewith to forward. I was sorry to learn from the chief, that a British subject, named McGregor, who had been residing some years in this neighbourhood, had suddenly disappeared with a small craft, taking with him some of this chief's women and kookis (slaves). The vessel is without a name or register, and Captain Nais is in hopes that we may be able to meet with her. McGregor is reported to be a convict escaped from Van Diemen's Land, and his conduct made the English residing here for some time apprehensive that the chief might retaliate on them and insist on compensation. An Englishman, a carpenter, residing at Otako, I hear has been shot by

TOOIAKI.

a native when in a state of intoxication, but whether it was in connexion with the above affair I could not satisfactorily ascertain.

Knowing that Captain Nais was anxious to proceed on his voyage, we were obliged to shorten our visit. The chief and his son came off with us, and the sergeant and six of his soldiers, with two other chiefs, came off in two whale boats, a third followed with natives bringing potatoes, &c. to the ship. The soldiers of the chief and natives having arranged themselves on deck, the marines went through their manual and pelotoon exercise, as had been promised; and afterwards, at my request, Captain Nais permitted a few sailors to go through the sword exercise, which, as I anticipated, pleased and interested them much, particularly the "attack and defence," the chief frequently calling to his followers to pay attention and see how it was performed.

Whilst the ship was getting under weigh, they took their departure, two other chiefs having also been permitted to sign at the request of Tooiaki.

This influential chief is one of those individuals who similarly with Rouperaha in Cook's Straits, has had sufficient address to gain the ascendancy over the chiefs of the neighbouring tribes, without owing anything to the superiority of his birth.

I understand there are some excellent harbours on the western shore of Middle Island. Mil-

CLOUDY BAY.

ford Haven has been pointed out to me in particular, whilst Knowles' River, as laid down in Macdonald's chart, in Foveaux Strait has no existence. It is much to be regretted that this coast has not been surveyed.

The 13th June, we arrived at Otako, but so late that we had only time to obtain the signature of two chiefs who resided near the entrance of the harbour. Karita is a chief of some consequence, and I am sorry to learn from him that Tyroa has gone to a place called Mauraki, and having several miles to pull, before we could reach the ship, I did not deem it advisable, in consequence of the evening being far advanced, to enter farther into the harbour. Whilst there, I heard (what I then considered rather an improbable story) that the native who had shot the Englishman, had finished by shooting himself rather than be given up to the authorities, but having been told the same by Tooiaki at Ruabuki, and by others since at Cloudy Bay, there may be probably some truth in the report.

On the 16th we arrived at Cloudy Bay. Here we found five Americans, one French, and one Bremen whaling vessels. Mr. Williams, Captain Stewart and myself landed the same evening at Guard's Cove, where we found several European residents, and the brother of the chief at Kapati island, with two or three other chiefs of inferior

CAPTAIN GUARD.

note, his nephews. The whole of these refused to sign the treaty, under the impression that if they did so, their lands would be taken from them. In other respects they received us civilly. The old man, the brother of Rouperaha, promised however to come off the following morning to the ship.

The Port Nicholson Land Company had employed here, it appears some time since, an agent to purchase land for them, but without success; and some similar speculators from Sydney who had bought cattle and intended to establish themselves on some extensive purchases formerly made, were not permitted to take possession, the natives opposing them – -consequently the persons in charge of the cattle find themselves in rather an awkward predicament. Disputes also among the English residents on shore, and the crews of the whalers, are by no means unfrequent. Amongst the residents I found Captain Guard, with his wife and family, in whose favour you may recollect H. M. ship "Alligator," with a detachment of troops, were sent from Sydney some years ago. Another person of the name of Torres has a whaling establishment, and is married to a daughter of the old chief. These appear to look on the natives for protection against the seamen, who frequent this harbour, amongst whom I have no doubt are many bad characters.

On the morrow following our arrival, we were

SIGNATURES TO THE TREATY.

visited by some chiefs from coves adjoining that which we had visited the preceding evening, These did not hesitate to sign the treaty when it was explained to them. A young chief of the name of Maripu we found particularly intelligent. He spoke a little English, and told me he had been at Hobart Town on board H. M. ship "Conway." When told, after he had read the treaty, of the difficulty we had experienced at the neighbouring cove; he said that that tribe was not singular, and that most of the natives imagined that we asked them to sign in order that the Queen might afterwards take their lands from them. Both Mr. Williams and Captain Stewart were surprised at the very clear manner in which he explained to another chief the nature of the 2nd article of the treaty, which relates to the land and property of the natives, and he offered to return on shore to them. We accompanied him. The old chief named Nohorua (brother to Rouperaha) on condition that his signature was witnessed by his English son-in-law Torres agreed to sign, saying, should his grand-children, lose their land, their father might share the blame. The others (his three nephews) said they would see us on board.

On my return to the vessel, I found a number of native chiefs had assembled, and all expressed a wish to sign excepting the three brothers; the wife, however, of one of these was very anxious

EAGERNESS FOR BOOKS.

to sign, saying that she was a daughter of the celebrated chief Pehi, who was killed at Akaroa. She appeared very angry when I would not permit her to do so.

To shew how much these people have been harassed about their lands, and how zealous they are in preserving them, I may mention that they all objected to receive presents after signing, least by some quibble, these might be construed into a payment for their surrender.

I noticed another remarkable circumstance in the eagerness with which they asked for spelling books, and testaments. Most of them read a little, and I believe they have been taught by a native missionary. I unfortunately had on my table a New Zealand testament, which Bishop Broughton had been kind enough to lend me, and my positive refusal to give it to them (notwithstanding it was explained to them that it was not my property) I fear gave great offence.

This being the last port we had to visit in the Middle Island, the Reverend Mr. Williams having, as we understood, obtained the signatures of the chiefs at Charlotte's Sound, I consulted with Captain Nais, and we both were of opinion that it would be advisable at once to proclaim the Queen's authority also over the Middle Island, as the most effectual means of preventing further dissensions amongst the natives and Europeans. I accord-

THE PROCLAMATION.

ingly, whilst the natives were on board, had our intention explained to them, and having made an official application to Captain Nais for the usual salute, the marines were landed, and the union jack hoisted on the Horikaka Pa, under a salute of twenty-one guns. The yards were also manned, and three cheers from the party on shore were answered by those on board. In this the natives joined with great glee.

The proclamation read by me on this occasion, on hoisting the British flag at the Pa, is also here annexed with the signatures of those present and witnessing the act.

It may appear like cutting the gordian knot, where so many and such intricate interests are interwoven, yet the further delaying this step could only tend to create further difficulties; and where so many influential natives had signed, the presence of so many foreign vessels contributed to render the declaration of H. M's. sovereignity more imposing. I therefore trust that it will meet with your Excellency's approbation.

On leaving Tavia Poenammoo, or the Middle Island, I was forcibly struck with the bleak and savage appearance of its chain of mountains, covered with eternal snow as viewed from the sea, and contrasting with the real amenity of its climate and fertility of the soil near the coast. I am inclined to believe that the capabilities of this island

ISLAND OF CAPITI.

for purposes of agriculture have been much underrated, to say nothing of its splendid harbour and mineralogical productions. I am also certain that the intelligence and enterprizing character of the natives, as well as the extent of its population, have been equally misunderstood.

June 19th. – We arrived off the Island of Capiti – several canoes were leaving the island, and on my preparing to go on shore, fortunately the first canoe we met, had on board the chief Rouperaha who I was so anxious to see. He returned on board with me in the ship's boat, his own canoe, one of the most splendid I have yet seen, following. He told me that the Reverend Mr. Williams had been there, and had obtained his signature to the treaty, and on inquiring for the chiefs Rangihaita and Iko, I was informed that we should meet them, both, probably at the Island of Mana; and as this lay in our route to Port Nicholson, thither we proceeded – the chief Rouperaha remaining on board the "Herald," his canoes following. On our arrival, the "Herald" having anchored, I went on shore accompanied by Mr. Williams and Rouperaha. We learnt that Iko, son of the late chief Pahi, had gone out on a distant expedition. The other chief, Rangihaita, after some time, returned with us on board, accompanied by Rouperaha, when both signed the treaty. Whilst on shore I was much tormented by the over officious

VAGUE CHARGES.

zeal of some European sailors, who appeared to be a drunken set of lawless vagabonds belonging to different whaling establishments in the neighbourhood. The only respectable person amongst them was a stock-keeper in charge of some sheep and horned cattle, and the captain of a whaling vessel anchored a-head of us. I learnt there that a whaling boat had upset, and the owner, a Mr. Thomas, and part of the crew drowned, about three weeks before. Thomas was married and had a family of children by a New Zealand woman, who I was informed, possessed his property on the opposite shore, a part of which they said the chiefs had taken possession of. I asked the sailors who were complaining that some of the property taken was theirs, if they had any specific charge to make against Rangihaita, who was the most powerful chief of that neighbourhood. However, I could get nothing from them but vague declamation against native chiefs in general, to which I replied that the fault was probably as much on their side as on that of the natives. The old chief who was present, appeared to understand the drift of the conversation, for he went into his hut and brought out several written testimonials of good conduct, on which I desired Mr. Williams to explain to him how much I had been gratified in perusing them, and that I trusted, under the Queen's Government, he would continue equally

CUSTOMS OF NATIVES.

to deserve them, that he would find the government just and even-handed, and that punishment would follow evil doers, whether they were Natives or Europeans. To which he replied, Capai! Capai! (good! good!) apparently much satisfied. I have since learnt from Captain Stewart that a curious custom exists amongst the natives of New Zealand, with reference to the disposal of the effects of persons deceased.

The relatives and friends assemble and share the spoils amongst them, a few things only being kept for the male children, if any are left by the parents. The widow it seems looks on, and is to consider this spoliation as an honour done to her deceased husband's memory. Europeans, married to native women, are considered in the light of relations, and share with the others in these cases. In proof of this statement the captain cited several instances, a familiar one in the Bay of Islands, in the case of the late chief Titore – his property I understand did not descend to his children, Ewai possessed himself of the Earl of Aberdeen's letter, Akida of the suit of armoury &c, &c.

June 20th. – We arrived at Port Nicholson, but the wind shifting and the tide turning at the moment of entering, the ship anchored in the stream. On going on shore at Thornton I met Mr. Shortland, who gave me your Excellency's

MR. SHORTLAND.

note. Considering every circumstance, the troops were well provided for. I cannot say as much for the accommodation provided for Mr. Shortland, and Lieutenant Smart, and Best, in common. We were, however, sheltered from the rain, which at this season of the year is of primary consequence, and they all appeared in excellent health and spirits.

Mr. Shortland I find is appointed Colonial Secretary. He appears to attach greater importance to the necessity for active interference in procuring the restitution of the effects of the late Mr. Thomas, said to have been taken by the natives, than I had done, and as Captain Nais appeared to consider himself as co-operating with me, I requested he would return with the "Herald" to the Island of Mana, and to which he promised to accede if I thought it necessary. Therefore before Mr. Shortland left the ship, I explained that for me to join him in an official application to Captain Nais, it would be necessary that I should be put in possession of the facts and circumstances of the case. In undertaking a commission of this nature, when no depositions had been taken, and consequently there was no complainant, it behoved me to be cautious, and he must expect therefore I should decline any interference if I considered the case he was about to forward to me, not of that public importance to warrant my incurring so

HAWKE'S BAY.

great a responsibility, particularly as I bad learnt from him that a request had been made to the chiefs, which I had no reason to suppose they refused compliance with.

The following day (Sunday 21st) Captain Nais showed me a letter from Mr. Shortland, requesting at the same time to know if its purport had my concurrence, and whether I required H. M. ship "Herald" to return to Mana, to which I returned the answer appended.

Mr. Shortland conceiving that the ship's entering the harbour might, by displaying her force, be of service, at my request Captain Nais got her under weigh and sailed round the harbour, and whilst waiting the communication from Thornton, I went on shore, accompanied by Mr. Webster, being anxious to see the settlement at Britania.

On the 23rd instant, H. M. ship "Herald" anchored during the night in Hawke's Bay, and on the following morning I landed in search of the chief Te Hapuku, who from the character he bore for rapacity, and the reports of extortions he had practised upon Europeans, I feared it would not be easy to find "at home;" nor did the tears of some of the women who followed us from one of his residences which we found at the bottom of the bay, make me think more favourably of him. We had great difficulty in persuading these poor people that we had not come to ap-

TE HAPUKU.

prehend him. After walking about a mile along the beach, and crossing the sandy isthmus, we arrived at an estuary, the road leading round it being only passable at low water. After wading and walking another half mile, we arrived at the Pa, but the chief had gone into the country; a native was however sent after him. Here we remained some time, but no chief appearing, we prepared to return, and left a note for him, explaining the nature of our mission with a native who was able to read. Before reaching our boat Te Hapuku overtook us, accompanied by a chief from the Bay of Islands district, named Hara. The chief Te Hapuku at first refused to sign the treaty, saying that he was nobody, and that he had heard that those who had signed it at the Bay of Islands had been made slaves. I therefore requested Mr. Williams to ask the chief Hara, who was one of those who had signed, how he came not to be made a slave of, and how many slaves he had seen at the Bay of Islands when he left the place with Mr. Williams' father? He endeavoured then to explain his meaning by a sort of diagram on a piece of board, placing the Queen by herself over the chiefs, as those were over their tribes. I told him it was literally as he described it, not for an evil purpose as they supposed, but to enable her to ensure the administration of justice and good government

EXPLANATIONS.

equally amongst her subjects. Her authority having been already proclaimed over New Zealand with the consent of the greatest number of influential chiefs, he would find that the tribes must no longer go to war with each other, but subject their differences to her arbitration. Strangers and foreigners must no longer be plundered and oppressed by natives, who, in their turn, were not to be injured by white men. It was not the object of H. M's. Government to lower the chiefs in the estimation of their tribes, and I said that his signature being now attached to the treaty could only tend to increase his consequence by acknowledging his title. He might therefore sign or otherwise as he thought best for his own interest and that of his tribe.

To give him greater confidence, I told him that I regretted that it was not in my power to shew him the ship, as we had not the means of re-landing his party. I could give him and his party a seat in our gig, but as they did not appear to have any canoes in this part of the bay, I did not know how they were to get back. He then immediately volunteered to go and take his chance of meeting with some canoes alongside the ship in which he might return.

Viewing the peculiar habits and customs of the natives of New Zealand, and the circumstances under which we have obtained the sovereignty of

LEGAL MEASURES.

these islands, it is worthy of consideration, whether, as in India, some trifling degree of deference might not be paid to their present state and condition, in order gradually to prepare and make them comprehend the more complex and expensive forms of our civil institutions and criminal laws.

Thus, judiciary circuits might be made periodically by a naval surrogate, as in Newfoundland, accompanied by an armed cutter with a small force of police or infantry on board, acting as marines. This magistrate would be a check upon the natives, with power to apprehend also our more obstreperous countrymen, and convey them to the nearest town or police station for trial summarily, or otherwise.

Police stations and magistrates will, I fear, be immediately required at the principal whaling establishments, and it would be worth the trial to organize that force with an admixture of natives.

The military, I conceive, ought rarely to be required to act or appear, as the slightest check they might receive, would be attended with the most disastrous consequences. It is true that the natives are not prepared to cope with the courage and discipline of British troops, but if the former are ever unadvisedly pent up in their Pas or forts – despair may supply the place of both.

The efficacy of the service of a well organized police, in establishing the Queen's authority in

LEGAL MEASURES.

these islands would be much increased if in every instance when they may be called upon to enforce the decisions of Government, in giving possession to the regular purchasers of land, the average expense and pay of the force, or numbers employed, were to be immediately levied by a distress on the effects and cattle of the recusant, from the date of the serving of the notice to quit, in addition to any other law expenses to which he might have subjected himself. Nor would I exempt the owners of cattle fed on such property from a similar penalty, as it is their duty to ascertain by what title of government it is held, before entrusting them to the charge of the occupants.

"By converting the cupidity of land jobbers and squatters into a source of remuneration and profit, the necessity for employing a large and expensive force, would I conceive soon be dismissed. I have, &c, &c.

(Signed) T. BUNBURY.
Major, 80th Regiment.
To his Exc. Captain Hobson, R. N. Lieut.-Governor.

The following is the declaration of sovereignty referred to in the foregoing despatch:

Declaration of Sovereignty over Tavia Poenammoo, or Middle Island.

This Island, called Tavia Poenammoo, or Mid-

DECLARATION OF SOVEREIGNTY.

dle Island of New Zealand, situated between the Meridian 166° and 174° 30' east of Greenwich, and 40° 30' and 46° 30' south parallel, with all the bays, rivers, harbours, creeks, &c, in and on the islands laying off, having been ceded in sovereignty by the several independant native chiefs to Her Most Gracious Majesty, Victoria, Queen of the United Kingdom of Great Britain and Ireland, the said island was accordingly taken possession of, and formally proclaimed, and H. M.'s colours hoisted at the Pa of Horikaka, Cloudy Bay, under a salute of twenty-one guns, on the 17th day of June, 1840, by Captain Joseph Nais, commanding H. M. ship "Herald," and by Major Thomas Bunbury, K.T.S., 80th Regiment, who were commissioned for that purpose.

Done in the presence of us.

Peter Fisher, Lieut. H. M. ship Herald.
P. L. D. Bean, Master, ditto.
C. J. Parker, Acting Master. H. M. S. Beagle.
J. H. Sharp, Mate of H. M. ship Herald.
T. Frazer, Surgeon, ditto.
James Giles, Purser, ditto.
C. Hewitt, First Lieut., Marines, ditto.
F. H. Neblett, 2nd Master, ditto.
G. F. Munro, Assistant-Surgeon, ditto.
Edward Webber, Midshipman, ditto.
J. B. Cato, Midshipman, ditto.

DECLARATION OF SOVEREIGNTY.

W. R. Crofton, Midshipman, H. M. ship Herald.
H. W. Comber, Midshipman, ditto.
Fred. S. Grey, Volunteer, ditto.
W. Kelly, Gunner, ditto.
John Caselay, Boatswain, ditto.
J. Chappels, Carpenter, ditto.

Witness to the Signatures.

Joseph Nais, Captain of H. M. ship Herald.
Thomas Bunbury, Major, 80th Regiment. (Charged with a diplomatic mission.)
Edward Marsh Williams, Interpreter.

A similar form was used in the case of Stewart's Island.

Lord John Russell's approval of the results of the mission was conveyed in the following despatch to Governor Hobson.

Downing Street, March 30, 1841.

Sir,

I have received your despatch of the 15th of October last, enclosing reports from the various gentlemen whom you had commissioned to treat with the native chiefs, for the purpose of effecting their adherence to the Treaty of Waitanghi.

I have to convey to you the approval of H. M's. Government of the measure which you adopted

GOVERNMENT APPROVAL.

throughout these negotiations, and to request that you will express to Major Bunbury, and to the other gentlemen employed by you, the acknowledgments of the Government, for their exertions in executing this service.

I have the honour, &c, &c.

(Signed). J. RUSSELL.

CHAPTER IV

CHAPTER IV.

Return to Russell – The Force increased by a few Artificers – Anxiety of the Lieutenant-Governor to show his authority in detailing the Troops, and its bad effects – Removal of the principal part of the Force to Auckland on the Thames – The Troops employed as Builders under the Ordnance Barrack Department – High Wages obtained by the Men when they could escape from the Military Service – Report made to the Major-General – Land Sale – Purchase of Farms – Traits of Native Character – New Zealand made Independent of the Government of New South Wales – Military Officers excluded from succeeding to the Administration of the New Charter – Death of Captain Hobson – Correspondence with Mr. Shortland on Military Force required at Tauranga, and measures taken – Nothing effected – Disputes with the Officer administering the Government – Native Pas or Forts – Native Tribes – Return to Auckland – Capture of a Piratical Vessel – Officers of the French Navy.

ON my return to the encampment where I left my detachment at Russell, I found that it had been increased by the addition of two subalterns and fifteen men from the regiment at Sydney. They were principally artificers, with an assistant-surgeon, an officer of Engineers, and a master of the works. They had brought with them a wooden barrack, but it was never entirely put up. Before this could be done the station was re-

RELATIONS WITH THE FRENCH.

moved to Auckland, as a fitter place for the capital.

I found Captain Hobson greatly improved in health. He was now engaged in diplomatic disputes with the Captain of one of the French frigates, and who called himself Commander of the French Fleet employed in the South Seas. Not one of the officers employed about Government House, or the Governor himself, could understand French.

Bishop Pompelier, from the Propaganda Fede at Rome, a Frenchman by birth, generally accompanied the French captain in his visits to the Lieut.-Governor, where he officiated as a sort of interpreter, although I shrewdly suspect that the French captain understood English, if he did not speak it perfectly well. A large proportion of the French naval officers employed in the South Seas spoke English.

In our encampment, things did not advance exactly according to my wishes. I found the Commissariat officer too fond of pleasure to attend to his duty; and what was still worse he had taken it into his head that the boat I had ordered him to purchase for the public service was to be considered as his yacht. He was always away, and I never could get the boat for other purposes when it was wanted.

Finding that arguments were of no avail, I

THE COMMISSARY.

ordered the soldiers who I had permitted to pull the boat, to rejoin their company, and intimated to the Commissary that he must provide himself with a native crew. I added that I would authorise the payment of a salary to these men, but not until the boat was put entirely under my control.

We now got on a little better, but the giddy-brained commissary shortly afterwards swallowed some oxalic acid, used for boot tops, instead of some medicine which had been sent to him, and for several days the mistake caused his life to be despaired of. He was a long time recovering, so much so that when the detachment was removed to Auckland, we were obliged to leave him behind.

The Lieut.-Governor would never allow the military authorities to select a site for future barracks. Notwithstanding printed instructions to the contrary, he assumed the initiative himself, or deputed it to his Surgeon-General, and persisted in the choice in spite of every remonstrance; consequently neither myself, or the officer of engineers is answerable for the position selected originally for military occupation. I say originally selected, for Governor Fitzroy was ultimately more reasonable, and adopted the sites we had recommended. At the time, we had only to make the best of the sites chosen for us, and accordingly commenced

PROBABILITY OF WAR.

our structure. In the first instance I authorized the purchase of another and a larger boat to convey the necessary materials for the projected building. This was constructed of what is termed rustic work, or pieces of wood with the bark on, about six inches in diameter, and cut into lengths as required for the intervals between the doors, windows, &c. Between each layer it was proposed to stuff moss and mud to keep out the wind; and inside, the whole was to be lined with planking. It was in fact made up of the materials nearest at hand; but even in this undertaking we were not allowed to proceed without official obstacles

I had written to the Major-General to call his attention to the very superior naval force of France off the coast of New Zealand. In case of war between the two countries, which at that period was expected, I wished to ascertain what I was to do with the small force placed under my command, unprovided as we were with artillery. I was ordered, in the event of such a contingency, to retire into the interior, but not to abandon the country.

At this time I had no person to advise with excepting the officer of Engineers, Lieutenant Lugard, who had before served with me at Norfolk Island. From him I derived every assistance in our endeavours to combat the wayward proposals of the Local Government. The Major-General,

NOTE FROM CAPTAIN HOBSON.

hitherto highly approved of everything I had done cautioning me not to separate my small force into detachments, which might subject them to be cut up in detail. Yet these were the very measures the Local Government were urging upon me. I could not help expressing to Captain Hobson the annoyance I felt at the position I was placed in.

This brought from him a note which I here transcribe, as illustrative of his sense of the great obligation he felt under towards me.

Russell, September 19.

My dear Major,

Allow me to vindicate myself from the suspicion of courting discussion on my authority for the disposition of the military. I would not have alluded to the subject had I not considered that a question was raised on it, in the extracts you enclosed to me on the 17th, which I could not even tacitly admit. It is, however, an authority that I never will exercise, but with due deliberation, aided by your opinion and advice.

With respect to yourself personally, I hope I have not, even by implication, insinuated that you have failed in good will to my Government or to myself, the very reverse of such an opinion being uppermost in my mind. On other subjects contained in your letter, I should like half an hour's

ERECT BARRACKS

conversation with you before I reply to them; if it suits your convenience to call here on Monday, at eight o'clock, I shall be glad to see you.

I remain my dear Major,
Very faithfully yours,
(Signed) W. HOBSON.

On the Monday following, finding him in a favourable mood, I urged the necessity of his allowing me to proceed with the detachment to the new seat of government at the Thames, in order to prepare a barrack for the accommodation of the men, as I dreaded in the dilapidated condition our tents were, that the men should have to remain in that boisterous climate, another winter without cover. I had some difficulty in getting him to agree to my proposal, which he finally did on my telling him that the seat of government would still retain a garrison of one officer and twenty men, in the newly constructed barrack for his protection, until his removal to the new seat of government. Before leaving Russell we made some excursions up the two estuaries that branch off above the encampment at Pomares Pa or fort. That to the right led us a distance of about seven miles to a native village on the bank of a shallow rapid stream where we landed, and, about two miles further inland, we visited a rock of very fine white marble, returning the same evening to our

WHITE MARBLE.

encampment. I am not aware of any use hitherto made of this marble, or that it has ever been quarried. The texture is very fine, and as all the lime used in New Zealand in my time was made from shells by burning them, this lime-stone would supply a preferable material. From the general lay of the country, I should imagine it to be about equi-distant from Russell, the missionary station at Waimata, and the western coast.

We saw immense flocks of wild ducks, but they were so very shy that we got very few of them.

Notwithstanding the injunctions of the commissary-general at Sydney, I ordered the brig "Diana" to be chartered, to convey the detachment to the new capital, Auckland. I afterwards found that what may be considered an injustice done to myself, by sending me without the appointment of commandant, or any pecuniary allowances beyond my regimental pay, was at least, although not contemplated, a benefit to the public. It enabled me to decline incurring the responsibility of requiring any extraordinary expenditure I did not approve, on the plea that I was only senior military officer, referring therefore the Local Government to the real commandant, the Major-General at Sydney, for the necessary authority. This was found too tedious a process, and was therefore never attempted; whilst on urgent occasions I did not hesitate to take the measures I

NEW BARRACKS.

thought necessary, being sure that the Major-General would approve of them. Having taken down that portion of the wooden house brought from Sydney which we had commenced erecting, it was brought with us to the Thames, and again put up as a hospital and temporary store for the commissariat.

The detachment was then broken up into parties for the erection of the new barracks, under the direction of the Ordnance, soldiers also being employed on the building.

The barrack formed two sides of a square, one side, containing two stories, was loop-holed, and was capable of containing two hundred men. The building was of stone, built on a tongue of land separated from the main-land by a broad, deep ditch and parapet. It had evidently at some time or other been a fort of the natives. The entrance was across the ditch, a part of the parapet having been thrown down to fill it up for that purpose. On one side of the interior was built an octagonal loop-holed guard-room, and on the other it was proposed to build a similar one for cells, also loop-holed. The area in which the buildings and the hospital stood was not large, and in a few hours, had we deemed it necessary, it might have been made inaccessible, excepting at the usual place of entrance. The finishing of the building, doors, windows, &c, really did great credit to the

PRICE OF LABOUR.

soldiers who executed them, and the officers got the natives to build them huts round the enclosure.

Handy men, employed as artificers, received from one shilling and eight pence per diem, labourers ten pence; but it was with the greatest difficulty we could keep the former, particularly the carpenters, to their work. They were constantly enticed away and secreted by the inhabitants to assist in putting up their wooden houses, labour being at this time so scarce that even the Governor's architects were tempted, in spite of my contrary orders, to employ them. One of these carpenters who was afterwards discharged, declared to me that at the period I am alluding to when he could escape from the Government work, he was paid two and sixpence per hour. It benefited them, however, very little, for it was all spent in drink. Strange to say, during the most inclement season of the year, though the men slept on the ground with their wet and ragged tents frequently blown down, we had the hospital for three months without a patient.

We had been joined by the detachment of thirty men from Port Nicholson, who were relieved by a detachment of the 96th Regiment from Van Diemen's Land, and the whole were kept in constant readiness to throw down the implements of their craft, and resume the musket and the bayo-

NATIVE QUARREL.

net, as will be seen by the following report, which I at this time addressed to the Commander-in-Chief in New South Wales. I ought first to mention that the Lieut.-Governor when he arrived at Auckland from Russell, did not bring with him the detachment as I expected he would. This was the more provoking, as Russell was only a city in name, not one settler having yet established himself in the neighbourhood.

Auckland, August 2, 1841.

Sir,

I have the honour to report for the information of his Excellency, the Lieut.-General commanding, that a tribe of natives in this neighbourhood, under a chief named Taria, on a recent occasion attacked a neighbouring tribe, with whom they had some previous quarrels, killing eight men and making seventeen prisoners. This affair, I am sorry to say, has shown that the practice of cannibalism still exists amongst the New Zealanders, two of the principal men slain having been subsequently eaten by Taria's tribe.

To punish this outrage and secure the ringleaders, at the desire of Governor Hobson in Council, I was prepared to embark in the colonial brig with the available force here, amounting, after leaving a small force for the protection of the barracks, to fifty-three rank and file; but some

AN EXPEDITION.

delay took place before the brig could be brought round from the harbour of Manukau, on the western coast, and in consequence the plan was changed, and the Hon. the Colonial Secretary undertook a journey to the disturbed districts; and Captain Best having applied to me for permission to accompany him, I deemed it proper to grant it, pointing out to Captain Best at the same time that I expected that he would not lose so favourable an opportunity of making himself acquainted with the nature of the defences in general used by the natives, and that I should expect a written report from him on this subject on his return.

The report from this officer is herewith annexed, as also a note from his Excellency Governor Hobson; and I trust the Lieut.-General will not disapprove of my having, on this occasion, taken upon myself to permit Captain Best's absence for so short a period.

In the year 1840, I visited Tauranga, and the Pas, or forts of Otumviti and Mangatawna, on which last Captain Best has not reported. Little reliance I find is to be placed on the descriptions of the native Pas, as related by the missionaries, or other Europeans, whose profession does not lead them to attend to these particulars, which a military man requires to know.

The natives throughout the country have an almost superstitious dread of the danger they

CONSTRUCTION OF THE PAS.

would have to encounter by coming in collision with the military. This I consider a very material point, which ought never to be lost sight of, and is a principal reason why I am opposed to the small force employed in this country being so divided. The reputation of the troops, firmly established by one or two salutary but severe examples, would I have no doubt go far to secure the supremacy of the law. Nor should it be forgotten that the least check the troops might experience, would as instantly dissolve the charm; and that true philosophy demands that leniency shown in the field to those found in arms, opposing the execution of the laws, should not be of that kind which would protect the culprits at the expense of the soldiers, and at the risk of encouraging future disturbances.

The natives throughout the country are well provided with muskets and ammunition, the site of their forts, when local circumstances allow it, are skilfully chosen and well adapted for purposes of defence; but the broad deep ditches by which they are generally surrounded are seldom flanked, and consequently they would afford shelter to the assailing party when once entered, and thus render the escalade comparatively easy; the great slope of the parapet allowing, with the aid of the tomahawk, a secure footing to be made without further assistance. The stockade work

CONSTRUCTION OF THE PAS.

although strong is sometimes so open that it may be doubted whether it could be forced by the usual method, from its not affording sufficient resistance for an explosion to take effect. The interiors of these forts contain a complete labyrinth of minor stockades and enclosures with huts, the whole being composed of the most inflammable materials. One tribe may have many of these Pas, which they occupy in succession as their agricultural or fishing pursuits require them to remain at stated periods.

Although I see no occasion at present to apprehend any serious outbreak, and the jealousy and rivalry of tribes amongst themselves would, if attempted, prevent their acting against the European population, yet inasmuch as it is to be hoped that the united efforts of the Government and the clergy may tend to allay these feelings and make them agree better amongst themselves, so also this unity of sentiment if exercised for a bad purpose will expose the European population to greater danger.

The position of the troops in this colony, and the nature of the duties they are called upon to perform, seem to point out that an equipment somewhat different from that required for a mere detachment of infantry is necessary. With a small force, every kind of aid should be made

IMPORTANCE OF NAVAL FORCE.

available, in addition to the firestick and tomahawk at present at our disposal.

In a country with such an extensive coast and without roads to the interior, some permanent naval armament and that always at hand and available would be desirable, and for the detachment of infantry some hand-grenades and rockets made as portable as possible.

The detachment of the 80th regiment in this colony has proved effective as a body of artificers, when employed under officers of the Ordnance in erecting the barracks at Auckland, and I am of opinion that it would not be found difficult to teach any detachment of troops which may hereafter follow them, under similar instruction, the use of the rocket, or any other missile with which it may be deemed advisable to supply them to aid their efficiency.

I have the honour to be, &c.

T. BUNBURY, Major, 80th Regiment.
Major of Brigade, Sydney.

The first land sale by auction at Auckland took place sometime previously; I happened to be ill at the time and confined to my bed, and felt no inclination to enter into these speculations. I had, however, in an exploring

LAND SALE.

expedition with the Colonial Secretary in the neighbourhood, been very much struck with the beautiful scenery in the neighbourhood of some of those allotments which were first to be brought to the hammer, and from a small map of the district this gentleman had with him, I marked down in a corner of my sketch book the numbers of two farms that I thought most beautiful, adjoining each other and overlooking the entrance to the harbour.

The assistant-surgeon of the detachment, on leaving my hut, told me that he was going to the Government auction, and asked me if he should bid for a farm for me. I declined at first; but recollecting that I had the numbers written down, I told him that he might bid for me, but that I would not give more than the upset price, one pound per acre, which he laughed at, supposing they would sell at a much higher rate. He shortly afterwards returned to tell me that I was a landed proprietor to the extent of two hundred and twenty acres; he had paid one guinea per acre. I afterwards purchased two other farms adjoining, making the total four hundred and fifty acres; and having built a hut on the premises and bought a boat it became my favourite residence during the remainder of my stay in New Zealand. It was, however, rather an expensive hobby, as I was obliged to keep two houses, one at the farm and the other

AGRICULTURAL PURSUITS.

at Auckland; and as the distance was only five miles either by land or water, I used to take up my residence in either place as circumstances required. On the subject of these farms, I am sorry to have to say that Captain Hobson behaved towards me with much ill-will; but his mind was already giving way with his health, therefore let it be forgotton "requiescat in pace." He died shortly afterwards.

What with making a road from the beach, clearing land and fencing, and planting a garden with one hundred and fifty chosen fruit trees of different descriptions, I occupied my time very pleasantly, but at a total expense of twelve hundred pounds. A neighbour and myself grew carrots two feet in length and about the thickness of a man's leg, and turnips of the average size of a man's head. This, however, I should not venture to narrate, had not in the adjoining beds, turnips and carrots and other European vegetables been grown of the ordinary size. It was the peculiar seed or kind that made this difference. We had also the skinless oat, and the choicest and rarest seeds that could be procured in Europe. The families at Auckland used frequently to make parties and come down to dine or lunch. It was in fact a sort of model farm for emigrants to look at on their arrival in the country and it was from these we generally got the rarest seeds. I had a

BUILD A CHAPEL.

field of Indian corn just above my hut, which was the astonishment of everybody. The corn was planted four feet asunder and reached a height exceeding the stature of a man. In the intervals between the rows, I had every variety of rock-melons and water-melons, pumpkins, vegetable marrows, cucumbers, and in the greatest profusion. Pumpkins were of an enormous size but they were not grown too near the melons. It was supposed they would injure the quality of the latter.

In the Tamaki district, in which my farms were situated, we all joined in building a small chapel and school room. Each resident farmer had the option of paying the amount of his subscription either by his own labour or that of his team, if it was not paid in money. I subscribed twenty-five pounds in cash, but knowing in new settlements how often these undertakings are commenced and not carried out, I reserved to myself the right of making my payments by instalments; ten pounds to commence with, five pounds more when the walls were at the height of the window-cills, and the remainder prior to putting on the roof. Bishop Selwyn doubled the amount of the whole sum subscribed, and I heard was much pleased with the cautious way I had chosen to pay my subscriptions.

I may here mention an extraordinary species of wheat I obtained from a French priest at Hokianga;

ENORMOUS CROP.

he called it Egyptian wheat. The ear produced ninety-two grains of wheat double the size and weight of the grain of Europe, the largest samples of which never produce more than fifty grains. I planted this corn in a corner of my garden, but when it was well up, the whole was washed away by a fall of rain. I carefully collected the plants wherever I could find them, and dividing the roots that were most healthy, I succeeded in obtaining about ninety plants. The crop was enormous. The average number of grains of this bearded wheat was about ninety-four, and the straw was about six feet in height, coarse and more like reeds than straw. It gained the first prize for me at the agricultural society at Auckland, and a Scotch seedsman I left in charge of the farm, afterwards took care to post himself, so that when the scramble took place for the sample, he succeeded in securing the greatest part of it. It was sown the following year, but as I had left the colony, I never heard the results.

Native tribes proceeding to Auckland, frequently stopped at my farm with their canoes for the turn of the tide, and I sometimes engaged them to clear a portion of the land for a fixed sum, but I found they required a deal of looking after. What appeared beautifully broken up and pulverised, was so only superficially, and on putting in a spade or three pronged fork, the fern roots were

NATIVE SERVANTS.

found to be as abundant as ever. They were bound to collect and burn the roots. Some natives I had on permanent employ, I found to make excellent servants, and I never could discover the advantage the chiefs had over their slaves, for they all worked alike and were paid the same, but they had great aversion to do any work they had seen done by a bullock or horse. A very ludicrous affair took place with an inferior chief and his slave who had been working for me for some months. They worked well and seemed well pleased with the payment they received, when in an evil hour I took it into my head to make a harrow to use in the field where they were at work. An English labourer whom I also employed and who had been some time in the country, told me to be careful how I employed the natives to drag it, as they would leave me. Accordingly this man with two soldier servants and myself commenced dragging cheerily the harrow, and after one or two turns I invited the two natives to lend me a hand. They came and worked with us, but were evidently much disgusted – the next morning they quitted my service. I was very anxious to retain the slave, for he was an amusing fellow and first rate labourer, but he could not leave his master. About a week or two afterwards, I met in the streets of Auckland the principal chief of the tribe to which these men belonged. He had

CURIOSITY OF NATIVES.

always been a friend of mine, but on this occasion he called out to me and shaking his finger said, "Oh, Major you're a bad man, you make cows of my men."

My cottage, as I have said, at Auckland, was on the beach. From the little difference in the native dress, it was difficult to distinguish the men from the women, yet the chiefs used frequently to come with their wives and daughters to see me, and when I had a particularly fine melon, I sometimes, after my dinner, went out and divided it amongst them. The natives at this time had only water-melons, and they were greatly pleased with the smell and flavour of the rock-melon, which was before unknown to them; the next morning I generally received a formal visit, which terminated in a request that I would give them some of the seed.

A young person and her husband, a carpenter, had charge of my cottage. They lived on the premises. The wife purchased and cooked for me such articles as I might require to be sent out to the farm; she kept the house clean, and had everything ready for me whenever I came to Auckland to inspect the troops. The young woman's dress excited the surprise and curiosity of the natives; the female part of them, after examining her very minutely from head to foot, would then try and get off her dress, I suppose in order to

THE CHARTER.

ascertain if she was white all over, at which the poor creature used to get very irate, and they thought her cross and ill-natured; for my part I enjoyed the fun of her embarrassment greatly, and when there were native women in the room, I sometimes called her into the house. She came of a very respectable family from Van Diemen's Land, and both herself and husband had, I believe, seen better days.

The new charter for the settlement of New Zealand, appointing Captain Hobson Governor, independent of New South Wales, also excluded military officers from succeeding. Should the office of Governor become vacant, the officer to succeed was the Colonial Secretary, and after him the senior clerk of that office. Consequently on the demise of Captain Hobson, the Colonial Secretary, Mr. Shortland, took upon himself the duties of Acting-Governor, which office he held nearly a year and a half. On my informing Sir Maurice O'Connell of this event, I received from him the following letter in reply.

Sydney, Nov. 7, 1843.

My dear Major,

I had the pleasure of your letter of the 26th of September, with the document which accompanied it, for which I beg you to accept my thanks. The information of the death of poor Governor Hobson was a source of infinite regret to me, although

LETTER FROM SIR M. O'CONNELL.

from the very delicate state of his health ever since the first attack of apoplexy he had, his life was not much to be reckoned upon.

I was much disappointed that the object I had principally in view in sending you in command of the small force detached to New Zealand, viz., that of succeeding to the government pro-tempore, (on such a casualty occurring) had been defeated by the arrangement made by the Ministry. Sir George Gipps had also the same object in view in asking me to send a field-officer to New Zealand; and I had hoped that when Lord Stanley was made acquainted with a field-officer being on the spot, he would alter the arrangement made for the Colonial Secretary's succeeding; but I have been disappointed, and so has Sir George Gipps, who thought with me, that you ought to have succeeded to the interim charge of the government on a casualty occurring. I do not think that your stay at New Zealand can be of very long duration. I have intimation from the Horse Guards that the regiments for service in the Australian colonies are to be augmented to one thousand rank and file, and that henceforth two regiments of that strength, are to be stationed in Van Diemen's Land, furnishing the necessary detachments to Western and South Australia, and to New Zealand.

* * * * *

I was very sorry indeed for the fate of poor

LETTER FROM SIR M. O'CONNELL.

Governor Hobson, and lament the case of his widow and family. Pray is Godfrey at Auckland, if he is, tell him I am surprised at not hearing from him.

As soon as the augmentation of the regiments in the command takes place, the additional force desired by the Acting-Governor of New Zealand may be ordered; but without an order from home I cannot augment it, as I was strictly limited by Lord Hill to the number now under your command. I am glad you have concentrated it at Auckland, as under the circumstances of the colony, it would be imprudent to fritter away so small a force in small detachments. To make an impression on the natives, an imposing force should always be concentrated ready to move where circumstances require the presence of a military force.

I think you may be preparing yourself very soon for returning to Sydney; many detachments of the 99th are said to be under orders for coming out, and the head-quarters are expected to set sail in August,

I remain, dear Major, &c.

M. C. O'CONNELL.

With reference to the General's remarks on the prisoners at Norfolk Island, I received about this time also a letter from a friend stationed there,

MISCHIEVOUS SCHEME.

but of much older date than that of the General, and which gave a very unfavourable idea of the system pursued by my successor.

Although the gullability of John Bull is known to be extreme, it is scarcely conceivable that the Ministry should have adopted a scheme so wild, mischievous, and expensive, as that of the social system, as introduced into the penal settlement of Norfolk Island. The agricultural capabilities of the island for yielding a handsome return for the manual labour of the convict, were, moreover, ruined by the convicts being permitted to cut down timber wherever they liked to build their huts. This exposed the island to winds, which would soon have the effect of rendering it a barren waste.

On Mr. Shortland assuming the charge of the Government of New Zealand, the following correspondence took place between us. As all the official correspondence I had with the different authorities during the period of my command was considered public property, and left with my successor for his guidance in the event of his wanting official instructions, I have taken these letters from the Parliamentary reports before alluded to.

Government House, September 23, 1842.

Sir,

With reference to a request from the late Go-

CORRESPONDENCE.

vernor, that you would hold yourself in readiness to aid the civil power in apprehending the chief Taria, should such a step be determined upon, in consequence of an outrage committed by him on the natives of Tauranga, I have the honour to submit two cases for your deliberate consideration, and to request you will favour me with your opinion thereon. Namely: had you found Tarai fortified in his Pa, and determined to offer any resistance in his power, could you have effected your mission in such a manner, as to have impressed the natives generally with a sense of the superiority of the British arms; and secondly, should this affair lead to a general native war, would the detachment under your command be adequate from its numbers and equipment to suppress it.

I have the honour, &c, &c.
(Signed). W. SHORTLAND.
Major Bunbury, 80th Regiment.

Sir,

With reference to the occurrence to which your Excellency alludes in your letter to me of this date, and to the probable consequences which might ensue if an attempt were made with so small a force as that under my command to put down any extended disturbance amongst the natives, I conceive that I cannot more fully express my sen-

CORRESPONDENCE.

timents and opinions on this subject, than by forwarding a copy of the report made by me for the information of his Excellency the Lieutenant-general, Commanding at Sydney, and which is herewith enclosed.

The military force under my command, as senior military officer in this colony, consists of two captains, one subaltern, one assistant-surgeon, five sergeants, two drummers, and ninety-six rank and file. This number includes sick in hospital and all the casualties; a proportion of the men are also employed by the Ordnance department as labourers and artificers in erecting and strengthening the barracks, and others in furnishing the guards and other duties of the garrison and capital, so that few men, strictly speaking, are available for other purposes.

The general staff consists of a lieutenant of Royal Engineers (commanding), an Ordnance clerk of the works, an Ordnance store-keeper, a superior barrack sergeant, and an officer of the commissariat department, but without an established military chest, this not being a separate command as at Van Diemen's Land and Swan River.

I beg leave to submit for your consideration the circumstance, that should Her Majesty's Government conceive it expedient to increase the force on this station, the site assigned by the late Governor, Captain Hobson, will be found insufficient

ARMED FORCE NECESSARY

in extent to erect the necessary buildings upon, unless the officers provide themselves with lodgings in the town away from the men. Of this circumstance the Lieutenant-general is aware, as it was reported by me on the first arrival of the troops, at this place, in consequence of my anticipating such a contingency.

I have, &c, &c.

Thomas Bunbury.
To His Exe. W. Shortland, Colonial Secretary.

Government House, Sept. 23, 1842.

Sir,

As I propose to transmit to the Right Honorable the Secretary of State for the Colonies, a copy of your letter of yesterday's date, in order to bring under his lordship's consideration the propriety of augmenting the force at present stationed at New Zealand, I would request you to furnish me, in addition with the statement of the number and equipment of the force, which in your opinion would be calculated to ensure peaceable submission to British law, or if required be best adapted to act with effect.

I have &c, &c.
(Signed) W. SHORTLAND.
Major Bunbury, 80th Regiment.

Auckland, Sept. 23, 1842.

Sir,

To afford your Excellency a statement of the

FOR NEW ZEALAND.

number and equipment of the force which, in my opinion, would be calculated to ensure peace and submission to British law, or if required be best adapted to act with effect in the colony of New Zealand, embraces so many circumstances that I confess I give it with great deference.

In the first place, it will depend upon the manner in which the force is wielded. The facility afforded by the locale of the head-quarters at this capital, to transport troops to any given point on either the eastern or western coast with other considerations, render permanent detachments unnecessary, and in my opinion injudicious; but by keeping the whole military force to be employed in this colony concentrated at the seat of government, fewer troops will be required, and they will be always available. Ten or twelve soldiers may trust themselves any where in the interior of New South Wales, where they would have to contend only against herds of unarmed savages, unacquainted with the use of fire arms; but in this colony, the case is widely different, the aboriginal natives being a robust, intelligent race, accustomed to European manners, yet capable of subsisting anywhere on roots indigenous to the soil, where an Englishman would probably starve; moreover requiring no commissariat, excepting their women and slaves to carry their ammunition. The nature of their feudal institutions under a popular chief

ARMED FORCE NECESSARY

away from the coast, would render them much more formidable enemies.

With the co-operation of an armed vessel drawing little water, I would not hesitate to make a descent on any part of the coast with a force of a hundred to hundred and fifty effective bayonets; but to ensure this number being available, free from every contingency, I would recommend the total force to be augmented to two hundred men to be stationed at Auckland.

With reference to its equipment, I have entered more into the details of the habits of the natives, to shew that every factitious aid which modern warfare affords might be placed at the disposal of the officer in command of the troops on the station for the time being. These I consider to be rockets, mountain guns, particularly cohorns (a species of small mortar) and hand-grenades; but whether these should be in charge of the officers of the naval armament on the station, or be placed in charge of a few artillerymen, or whether the infantry may be sufficiently trained to their use, are questions for the more immediate consideration of Her Majesty's Government at home.

The organization of the general staff on this station is not at present on a footing calculated to give due vigour, or to strengthen the means of the senior military officer in command. The whole

FOR NEW ZEALAND.

of the branches of the Ordnance department, mentioned in my letter of yesterday, report direct to the heads of their respective departments in England, and are independent of those of New South Wales; whilst the commissariat (a most important branch of the staff) receives orders and reports to the head of that department in Sydney; and therefore my authority and responsibility cannot be entertained as a voucher for the accounts of that department without a reference to a distant colony such as New South Wales. Much discussion will therefore take place on any emergency, before it can be ascertained to what extent the officer in charge of that department here is disposed to disobey the positive instructions of the head of his department in Sydney, in order to comply with the wishes of the officers in command of the troops, by anticipating their final approval. This, I conceive, might be remedied without making the field-officer in command of the detachment less responsible to the general-officers commanding the troops in New South Wales, or the General Commander-in-chief of Her Majesty's forces.

In the foregoing statement of the force required, I have of course calculated that the Government of the colony possess the means of obtaining intelligence of any hostile combination amongst the native chiefs, sufficiently early to obtain a temporary reinforcement from Sydney, should it be of

AN OUTBREAK.

such an extent as to render an application to that effect necessary.

I have, &c. &c,

T. BUNBURY.
Major, 80th Regiment.
His Exc. W. Shortland, Colonial Secretary.

Our time passed away very quietly until I received a communication from the officer administering the Government, then at Tauranga, announcing that a serious outbreak had occurred amongst the natives, when I found it necessary to stop the works going forward and embark the men.

In a few days we were embarked, taking with us a sufficiency of commissariat stores and planking for the erection of a barrack, our tents being nearly unserviceable. As the expense attending this armament would be very considerable, I stipulated that the Local Government were to provision the troops, should the expedition be detained, and seek repayment from the commissariat department at Sydney; and I suggested that the aid of Her Majesty's ship "Tortoise" should be demanded from her commander. She was then at anchor at the Great Barrier Island.

Her Majesty's ship "Buffalo" had been wrecked in Mercury Bay a few months after bringing the detachment of the 80th regiment to New Zealand,

PREPARATIONS FOR ATTACK.

when her commander had distinguished himself as much by his nautical skill and cool courage in saving the lives of the crew with his guns, stores, &c, as he had proved wayward in his previous treatment of the troops. He had been to England, and had now returned in command of another vessel of larger size, to be employed on the coast of New Zealand in collecting spars and timbers for Her Majesty's dockyards; and as it was necessary to secure his co-operation, I determined to proceed in the first instance with the troops to the Barrier Island, in order to confer with him; particularly as I had discovered that the round shot belonging to the two cannonades in the Government brig were too large for those pieces of ordnance, and they were consequently useless.

On this occasion we received from the master-commander most cordial assistance, and were supplied with ammunition, seamen and guns; an armed pinnace and marines were to follow. The commander's son, who volunteered to accompany the troops, was placed under my charge. We assembled at Tauranga in order to concert the plan of attack, and I had great difficulty in dissuading Mr. Shortland from leading in person the naval portion of the attacking force, as it was not fair to the young men of the armament, and rather lowering to his own dignity. When all was prepared, and we were expecting orders to

THE ATTACK ABANDONED.

weigh anchor, to my great surprise I was requested to disembark the troops and stores, as the Acting-Governor had determined upon trying the effects of negociation with the tribe of Taria, whose Pa was distant from us about forty or fifty miles. The arrival of the Attorney-General and the Bishop at the Missionary station where Mr. Shortland was, put an end to any further idea of attacking the contumacious tribe. They then discovered at the ninth hour, that to employ the troops without the consent of the whole council of the Government would be illegal. The troops had been brought from Auckland without any such consent having been obtained

The expedition therefore separated, and the sailors returned to Barrier Island. Our provisions were now beginning to fail in consequence of the salted pork becoming damaged by the heat of the weather, and on my reminding the officer administering the Government of his engagement to supply the troops with provisions, I was told that if any branch of the military department was found deficient, it was my affair not his.

I was determined to shew them that it was not vigour that was wanting. We had not entirely completed the landing of our stores from the government brig, which was immediately required to convey Mr. Shortland to Port Nicholson; but I instantly ordered a portion of the men on board

A DISPUTE.

again, with orders not to allow even the ship's stores to be removed, excepting for the use of the crew. On this, I was assailed with I don't know how many official communications cautioning me that it was an act of piracy; that the seamen would be withdrawn; and if I attempted to get under weigh without them and beat out of the harbour, should the vessel be lost, which it probably would, the responsibility would be mine. But to none of these communications did I pay the slightest attention, or return an answer. I purchased provisions for the detachment from some Europeans on the opposite side of the harbour for two or three days, while the dispute lasted.

At length I received another official, inquiring the reasons why I would not reply to his Excellency's letter, forwarding me at the same time an extract from the instructions for officers administering the government of colonies, regarding the relative duties and authority of those, and the officers in command of Her Majesty's forces. To this I replied, that any correspondence between us in existing circumstances would only tend to mutual recrimination and to the injury of the public service, and until he chose to fulfil his engagement, discussion would be worse than useless. I thanked him for the extract of the instructions issued by the Government for our mutual guidance,

AN ARRANGEMENT.

although they were in the possession of every officer of the command; but I begged to point out to him that he had stopped short at the only part of them which had reference to my present position. That "I alone was responsible to Her Majesty for the prompt and efficient performance of any such service, in all its details." The measures I had taken to ensure the safety of the troops were forced upon me, and their propriety I had little doubt I should be able to make apparent without further correspondence with his Excellency.

It was a bold step against the acting government and its legal and other advisers, but it brought them to their senses. Mr. Shortland was projecting a voyage to the southward, but which he could not undertake until I chose to liberate the brig; and as one of the land commissioners had just arrived, who was also a lawyer, he was sent to me to propose a meeting between us on board the brig the following day, in order that some arrangement might be made to satisfy my complaints. To this I readily agreed, and it was speedily arranged that I should release the brig, which was urgently required to convey the officers administering the government to Port Nicholson, and that on their return she should be employed to convey the detachment back to Auckland. In the meantime, Mr. Shortland was to sign and make himself responsible for any contract I could make

INSOLENCE OF NATIVES.

for the due supply of provisions for the troops; and the missionary clergyman of the station, Mr. Brown guaranteed its fulfilment.

A pinnace and a small boat were also placed at the disposal of the officers commanding the troops. These arrangements made, the Acting-Governor left the station to proceed on his voyage the following day. The result of this negociation with Taria's people, was as might have been expected; instead of being more submissive they became more insolent, and actually sent a letter to Mr. Shortland to say that they had heard he was a fat man, and they hoped he would come to their Pa, as when cooked they thought he would make an excellent addition to their meal of potatoes. Neither did the tribe, our immediate neighbours, appear to entertain much dread or respect for an armed British force so near them; for one night they made an excursion in their war canoes to an island the property of Taria, where they slew and brought away with them a number of pigs the property of his tribe.

The neck of land where the troops disembarked, consisted of a low ridge of sand hills terminating in a high mountain, which formed the entrance to the harbour of Tauranga, and on the opposite side of the harbour was the Pa of Mughatapo. This tribe consisted of Roman Catholics, under the influence of Bishop Pompelier of the Propaganda,

VISIT A CHIEF.

and were consequently not very friendly with us.

A few miles inland, in continuation of the sandy isthmus, there was another powerful native tribe under the influence of the Protestant mission; both of these tribes I had visited on a former occasion on my voyage to the south. By the tribe last mentioned I had been very well received, and I had bestowed a few blankets amongst them. I was again recognised by their chief, and I went in consequence to visit him at his Pa. He announced his intention of returning my call on any particular day I might name, for the purpose of bringing me presents of pigs, potatoes, wood, &c. These I told him, I regretted to say I could not accept, as I was no longer in the same capacity as a representative of the Queen, who never allowed her soldier chiefs to take presents; and that she would be very angry if she heard I had done so. I had, however, so much trouble in persuading him that this would not be right down rudeness, that I was obliged to have recourse to the Mission for them to try and convince him to the contrary. He was eventually satisfied, but evidently not well pleased, telling them that the chief of the soldiers ought not to have made presents himself, if he did not intend to receive others in return. The fact was, as regards myself, I could not afford to make for the public service so large

ABANDONED FORTS.

a present as they would have expected, and I had no allowance or other means to recover the amount of any outlay I might think it necessary to make in order to remain on friendly terms with them.

We also made an excursion to obtain firewood up another estuary which ran to the westward, and having obtained a native guide, landed at several places, and finally passed over to the western coast to a harbour there, which some of the officers of the "Tortoise" who accompanied us were very anxious to see. The bay was very spacious but shallow, excepting where a large volcanic hill clothed with wood shot up in bold relief, at the foot of which we were told the water was deep. This harbour was not however calculated for vessels of large size. The surrounding country was exceedingly picturesque.

In whatever direction we went, we met with abandoned forts or Pas, and no European engineer could have selected more favourable sites for their construction. One of the Pas our guide shewed us had been recently surprised and the tribe put to death, very few of them having escaped. The place was considered very strong, but their enemies having arrived in canoes during the night, and entered a narrow creek which formed one of the sides of the fort, unperceived, a short time before daylight they forced the innermost palisade, and carried the fort, before the occupants could arm to

ABANDONED PAS.

defend themselves. Our guide shewed us the place where the chief men fell in its defence. The palisading was still complete, and in the middle of the Pa was a very large heap of purple coloured potatoes. The heap had been thatched, but a part was removed. They were in an excellent state of preservation, but he begged of us not to take any of them away, as they were tabooed, or made sacred, and must remain to rot there. Our guide had been taken prisoner on the occasion, and was now a slave. After an absence of two or three days we returned with a cargo of firewood to the encampment.

A description of some of these Pas was sent to the Commander-in-Chief at Sydney, but beyond the entry made in the letter book left with my successor, I kept no other copy. This however, ought to have been of service to those that followed, to warn them what they were about to enter upon, and shew the nature of the defences in use by the New Zealanders.

The officer of Engineers, Lieutenant Lugard, I believe, also took some sections of the ditches, parapets, &c, but what became of them I know not.

We were greatly astonished at the number of these abandoned forts, which could never have borne any proportion to the population; but it was explained to us that whenever any signal disaster or misfortune occurred to a tribe, the Pa inhabited

ERECTION OF BARRACKS.

was immediately abandoned, never to be again occupied, and a new one was erected in its stead.

The high isolated mountain I have already described, as forming the extreme point of the isthmus of the sand ridge where our men were to be stationed, had often been a place of refuge for a beaten tribe, but there were no inhabitants on it on our arrival there. It had, however, in former days I am told, been the scene of many shocking acts of cruelty and barbarity in the wars between native tribes.

Our ground was chosen at the foot of another conical hill, rather difficult to ascend, but without wood. It was distant more than a mile from the other, and at its top were the remains of a fort in which I intended to have placed our two cannonades had we remained, as it commanded the sand ridge, and protected our barrack at its foot in front, and also the beach on either side or edge of the peninsula.

We were not long in erecting a barrack with the planking brought with us from Auckland; and we sent out for long grass and rushes, with which to thatch the building.

A small wooden house was also put up for the officers to mess in. I, having no tent, took up my abode in a cave, of which there were several, natural formations of the rock at the foot of the

RETURN TO AUCKLAND.

conical hill. One was used as a commissariat store, and another as a bakery; but the gunpowder which at first had been stored away in the officers' wooden house, was deemed too much exposed to accidents. I was therefore reluctantly obliged to give up my cave to be used for a powder magazine, and to occupy the place where it had been before stowed away, as a sleeping room. Mr. Brown of the church mission attended regularly every Sunday, and performed divine service in the men's barracks.

We supplied ourselves with water (not of the very best quality) by digging holes in the sand, but our wells frequently fell in and gave us a deal of trouble, the loose sand not sustaining itself without a great slope aided by some timbers.

Lieutenant Lugard, our engineer, having got the detachment under cover, returned to Auckland, and he was followed by the Commissary, Mr. Lardner. Some time afterwards, leaving written instructions to my successor, Captain Lockhart, I also returned to Auckland to be at hand to see that the troops were brought back according to promise, and to send to the detachment certain supplies of which they stood in need.

I had great difficulty in getting out of the harbour, nor do I think that I should have succeeded that day, but for the assistance given me by the

THE "ILANNA."

commander of a whaling vessel laying at anchor in the harbour.

It is a melancholy reflection that this same person, (the son of a captain of the Royal Navy it is said) was some months after tried for piracy and murder, and that a portion of the troops of my detachment were employed in his capture. The following were the circumstances.

Two seamen had been sent by the commander of the schooner "Ilanna" to Auckland, for provisions and supplies. These men reported to the Governor that the vessel was laying at Mercury Bay, arming for a piratical expedition. This information had been already received, but the position of the vessel was not known until now. The Government had no armed vessel to cope with her, yet it was thought by a little stratagem, and by keeping the troops below until the moment they were required, she might be surprised, although the "Ilanna" had sentries on shore constantly on the alert. The Government brig was not sent on this occasion, but a hired schooner in order not to create suspicion, and as she was well known to the pirates and sailed past the place where the "Ilanna" lay at anchor, they deemed themselves quite safe.

Suddenly, however, the schooner put about, and under cover of some high land, approached close to the vessel unperceived, and drew up along side.

CAPTURE OF THE SCHOONER.

It was then easily captured, as most of the crew were on shore, and these being unarmed were soon made prisoners. The manner in which the vessel was captured was most favourably reported to the Secretary of State to the Colonies, (Lord Stanley) by the officer administering the government; upon whose representation of the affair to the Commander-in-Chief, his Grace the Duke of Wellington was pleased to direct the officer commanding in New South Wales, to convey to Ensign Welman and the men of the detachment his Grace's approbation of their conduct.

On my arrival at Auckland, I found the grenadier company of the 96th regiment, under the command of Captain Eyton, had been sent to occupy the barracks at Auckland during our absence, and that the officer of Engineers, Lieutenant Lugard, had been relieved by Lieutenant B – – - of the same corps. I was sorry to lose Lugard, as I was always cordially supported and assisted by him. His successor at first seemed disposed to follow a different course.

The Commissary I found was not disposed to make any further expenditure, by sending to Tauranga the stores the detachment required, after the great outlay already made, without the sanction of the Commissary-General at Sydney. This, however, was soon arranged. I sent Captain Eyton, of the 96th regiment to him with an official letter,

REFUSAL OF STORES.

stating that I could not suffer the service, in which the detachment was employed upon my responsibility, to be impeded by any instructions from the commissary-general in Sydney, without the sanction of the General-officer commanding; and I accordingly desired Captain Eyton to put him under arrest and take the charge of his department, if my orders were not immediately obeyed; but these harsh measures were not required. Mr. Lardner wanted it seems to justify himself with his chief.

The Colonial brig "Victoria" afterwards brought back the detachment to Auckland as I had been promised. Thus ended one of the demonstrations which all successive governors were so fond of making; fruitful in expense, and lowering the armed force in the eyes of the natives, who attributed our forbearance to fear, and thus retarding greatly the works then in progress. The wooden houses were sold for the benefit of the ordnance department and left standing.

We had now quartered in the barracks the grenadier company of the 96th, with two companies of the 80th regiment. Shortly after our return a French frigate arrived; we were sumptuously entertained by them, dining at an early hour. In the evening we gave them a ball in one of the men's barrack room, they having to turn out for the occasion.

A DINNER-PARTY.

I was greatly amused at the singular effects of champagne at the Frenchmen's dinner party. None of the officers of my detachment spoke French, and very few of them understood it; a few of the French spoke English, the Captain and one or two others. The consequence was that the party was rather formal and heavy, and on my expressing my regret to him that none of our officers, or those of the 96th could speak the French language, he said, wait a little, you will see how soon they will pick it up and understand one another – all they want is a few bottles more of champagne. I have always found it an excellent teacher of languages. He spoke truth, for almost immediately afterwards the prescription took effect, and the whole seemed to understand one another, and were as garrulous as a flock of geese. Even the reserve of the captain of grenadiers of the 96th regiment, who hated Frenchmen and all that was French, forsook him, and he too seemed as much excited and as noisy as the rest of the party.

We had afterwards another French sloop of war at Auckland. The officers were a particularly nice set of fellows, and became great favourites with us. I had them to a party down at my farm. We went and returned in boats, and many having fine voices and being good musicians, they burlesqued several of our favourite operas admirably. I don't think I ever laughed so much in my

LIEUTENANT B – – -.

life as at the effect it produced, and at their good humour and jollity. These officers used to be frequently at parties on shore, but they always made a finish at our mess before going on board, and they used at times to keep us up until very late; but they never drank anything, excepting perhaps a little wine and water. The high flow of spirits and fun they brought with them was always acceptable; our heavy Saxon blood to keep in equilibrium with our French guests and to feel equally excited, required the stimulant of the bottle, and they therefore caused us to drink deeper, although they did not do so themselves.

The company of the 96th regiment had been sent back to Port Nicholson, and nothing particular then occured at Auckland (if we except some vagaries of Lieutenant B – – -, the new engineer) until the arrival of Governor Fitzroy, who assumed the government in the last week of 1843.

Lieutenant B – – -, the new commanding engineer, made again an effort to emancipate himself from military control but with little success. He came over one day to where I was standing in my garden, and asked me if I had any commands for Port Nicholson, as he had been just ordered down there by the Governor. "You will wait then until I order you," was my reply. "You, as a military officer are under my command, and shall not leave Auckland without it." "Shall I tell the governor then

LIEUTENANT B – – -.

what you say?" was his answer; to which I replied, "That he might do as he liked in that respect. I was then addressing myself to Lieutenant B – – -, and when I wanted to make any communication to the Governor, I should not select him to convey it." He went away greatly discomforted, and shortly afterwards I received a letter from the Governor apologizing. It had been a mistake, none saw the necessity of maintaining subordination more than he did; but if I had no serious objection, he would feel obliged if I would permit Lieutenant B – – - to proceed to Port Nicholson in order to select a site for a military barrack, now that troops were to be stationed there permanently. I then of course acquiesced, and B – – - and myself were afterwards the greatest friends imaginable.

CHAPTER V.

CHAPTER V.

Captain Fitzroy and Acting-Governor Shortland – Temporary Charge of the Government undertaken by the Officer Commanding the Troops – A Deputation arrives from New Plymouth – Right of property in Land – How acquired by Natives – The Waicato and Nyetewatua Tribes – An European purchases Land from the Natives in direct contravention of the Right of Pre-emption of Her Majesty – Thefts committed by the Natives – Consequences of the Conviction of one of the inferior Chiefs – Conduct pursued by Governor Fitzroy's government – Insecurity of Europeans and their Property – Appointed to command the Troops in New Zealand – Financial Measures and receive the thanks of the European Inhabitants and Public Officers on leaving the Colony.

THE conduct of Captain Fitzroy, R. N., on assuming the Government of New Zealand, was anything but dignified towards his predecessor, who now again reverted to his old appointment of colonial secretary.

He appeared determined to wound that officer's feelings as much as possible, in order to induce him to resign his appointment, and he succeeded.

The President of the Agricultural Society had drawn up some very able reports for the information of settlers. He had been an officer, and assistant-surgeon in the royal artillery prior to his appointment as colonial surgeon, and most

AN OFFER.

people supposed that this person would succeed; but the appointment was given to Dr. Sinclair, a surgeon in the navy; a very good man, and who turned out to be a very good man of business, but he was unknown, and without experience. Of this it seems the Governor had his misgivings.

At a large evening tea-party at Government House, (for they never gave a dance, to the great dissatisfaction of the ladies of Auckland) I was beckoned by Governor Fitzroy to follow him into a private room, and he then told me the great difficulty he had in finding a person to undertake the charge of the Government, during his absence. The officers, he feared, would be quarrelling with one another; if, however, I would undertake the charge, he was sure they would all obey me and do their utmost to further the public service. I replied my instructions were to afford the Government every assistance in my power, and that I was desirious of so doing; but I must beg to remind him that the charter of the colony precluded the officer commanding the troops from exercising the duties he now required of me; and, also, that I was under military orders to be in readiness to return to Sydney as soon as my detachment should be relieved, which was daily expected, and I could not think of remaining behind the detachment. He then said he had

MY NEW OFFICE.

foreseen the first difficulty, and he would give me a written authority on his own responsibility, and also a sealed letter, should it be disputed, which I was to open only if required, and in which I should have ample authority. Regarding the second difficulty, he did not expect I should be relieved so soon as I expected, but of course, were the case otherwise. I should be at liberty to return with the troops.

Of course I felt obliged to undertake the duty, and knowing the low state of the colonial finances, I told him I would not claim any allowance for the extra duties imposed upon me.

The charge of the public offices was now handed over, and his private secretary was instructed to afford me any assistance, and to supply me with any document I might require. I was further told to act in every thing according to my own judgment. He did not think it necessary to give me instructions. The Government pinnace, he said, he expected in the harbour daily, and when she arrived he wished me to send the Protector of Aborigines in her to the Mercury Islands, Mercury Bay, to inquire into the conduct of some natives, who had destroyed a fishing establishment and buildings belonging to some Europeans, during their absence from the island; the natives setting fire to their dwelling and the

ASSUME THE GOVERNMENT.

sheds, where they were in the habit of drying their fish.

The following is a copy of the letter addressed to me by the Governor on his leaving the station, the sealed instruction I of course subsequently returned to him unopened.

Government House, Auckland, Aug. 18, 1844.

Sir,

During my temporary absence from the seat of Government, it is my direction that you take upon yourself the charge of acting here as my deputy in my place, and that you do all that in your discretion may appear to be for the good of the colony under my charge, and not in contravention of the law, or instructions already made public.

I have the honour, &c, &.

R. FlTZROY. Governor.
Major Bunbury, Commanding the Troops New Zealand.

I attended punctually every morning at the Governor's office, and by adopting a systematic course of proceeding, found I got through a deal of business. I do not think that anything was allowed to fall in arrear during Captain Fitzroy's absence. I made every case originate at the Colonial Secretary's office, and be registered there when decided upon, unless it might be a mere

MANAGEMENT OF AFFAIRS.

departmental detail of the Surveyor General, or other public officer.

The Colonial Secretary, Dr. Sinclair, attended every morning, with any application, report, or complaint, he might have received, with such explanation as he was enabled to afford, written in the margin. When this was not satisfactory, I wrote underneath the nature of any further information I required, and the parties capable of giving it were ordered to be applied to.

It sometimes happened, when the answers were received, that a further application was to be made to some of the public departments, such as to the Protector of Aborigines, the Surveyor General, or to a district magistrate living at a distance; but the whole of these documents were appended to the original claim, and when it involved a point of law, I used to direct the whole proceeding to be sent to the Colonial Legal Adviser, the Attorney General, and on receiving his opinion, also appended, the case was decided upon, and the result communicated by the Colonial Secretary to the parties concerned. The proceedings were then registered, and deposited in the Colonial Secretary's office, and might at any time be referred to.

A singular case occurred shortly after the departure of the Governor. A writ of ne exeat regno was about to be served on Mr. Shortland, the late Colonial Secretary, who had taken a passage for

A NOVEL CASE.

himself and family for England, by a bankrupt merchant, member of council, the purchaser of the selected allotment of the former. A large sum had been paid on first entering on possession, and the remainder was to be paid within a certain period, and as soon as the title deed was received from the Government. On the strength of this agreement, a considerable outlay in buildings on the premises had been made by the occupant. Some intimation of this affair had been received by the Home Government, and in a despatch recently received by the Governor, he had been instructed by the Secretary of State to put up this allotment for public competition at auction; but in consequence of the buildings erected upon it, other interests were now involved, and I suppose he was afraid to grapple with the subject, or to permit me to do so; for the despatch was no where to be found. It had been hidden, or taken away. A copy, however, was shewn me, and I at once saw the importance of acting with promptitude, on the Secretary of State's letter, and that every day's delay would render the case more difficult to deal with.

I accordingly ordered the allotment to be advertised for sale on a specified day, the upset price to be what Mr. Shortland had paid for it. Both parties were dissatisfied and remonstrated. I told

UNSETTLED STATE.

them that the Secretary of State's order was peremptory, and must be complied with.

I did not choose to say so, but it struck me that the case was very simple. Had there been any competition, on account of the value of the buildings, the Government would have been easily persuaded to give up the increased sum as a compensation to the injured party; but of this there was little fear, as few persons had at that period so large a sum to speculate with, and therefore I incurred little risk or responsibility; the property was knocked down to Mr. Shortland, the original purchaser. I then advised him to tender it at once to the merchant, and demand the balance due, which the other being unable to pay, their previous contract became of course null.

After the return of the troops from Tauranga, the tribes in the vicinity of Auckland, and indeed all over the country, were in a very unsettled state, so much so, that I thought it advisable to recommend the force to be increased in the following letter, addressed to Lieut-General Sir M. O'Connell.

Government House, Auckland, Jan. 25, 1844,

Sir,

A deputation arrived here yesterday from New Plymouth, and from a memorial from the inhabitants, it would appear that district is in a very un-

UNSETTLED STATE

settled state, the natives having assembled in considerable numbers, and menaced by threats of violence to oppose the location of any settlers on their land, and in one instance firing the dwelling of a European.

Although I do not apprehend a continuance of these disorders, or any immediate outbreak in that neighbourhood, from the fortunate circumstance of the Governor having sailed in the "North Star" some days ago, with an intention of visiting that settlement, troops being also at hand at Wellington, yet I do apprehend some very serious disturbances will yet eventually take place between the European inhabitants of the Company's settlement, and the natives of Cook's Straits; from the position this Company has placed itself in, by so slightly regarding the claims of the natives, and by not legally establishing their asserted purchases, as a preliminary step towards settling, or letting the lands.

It is not for me to enter further into details on these matters; but in the absence of the Governor, as the officer commanding the troops in this colony, I would beg respectfully to suggest to your excellency, that the force at Auckland should, with as little delay as possible, be augmented to one hundred rank and file, in order to have a force of fifty or sixty men available for any part of the colony where their services may be temporarily required.

OF THE COLONY.

I have sent Lieut. Bennett, the commanding engineer, to Wellington, to renew arrangements for the accommodation of the detachment of the 96th regiment stationed there, the period for which their present quarters was lent to them by Colonel Wakefield, the Company's agent, having nearly expired.

I fully concur with the Governor, that it will now be necessary to retain a detachment of troops at Wellington, and by decree of his Excellency, I have ordered Lieut. Bennett to prepare a plan and estimate for a fortified barrack, capable of containing one hundred men, with a small magazine and hospital accommodation in proportion.

Lieut. Bennett will wait upon his Excellency at Wellington, in order to select a site proper for this purpose, and Deputy-Assistant-Commissary-General Lardner's services being necessary at that station, I have availed myself of your Excellency's' permission to send him there.

I have the honour, &c, &c.

T. BUNBURY.
Major 80th Regiment, Commanding Troops in New Zealand.

To understand properly the nature of the proprietorship of the land at Taranaki or New Plymouth, and even that on which the town of Auckland was built, and the immediate vicinity, it may be necessary to observe that the very

CAPTAIN FITZROY.

powerful tribe of Waikato, had quite depopulated both these districts, carrying what inhabitants remained of the former into slavery; and selling their lands to the Europeans. The tribe of Nyetewatua were also dispossessed of their lands, but a few, with their chiefs Kawau and Paul, were permitted to remain in the neighbourhood of what afterwards became Auckland. All these lands were likewise sold by the chief Wetera, or by the Auki te Werra Werra (Auki a kind of high priest or Pope among the natives). The part round Auckland, to a Mr. White of Kaipara, who again sold it to Captain Symonds, the son of the surveyor-general of the navy. But Captain Symonds having been afterwards unfortunately drowned in the harbour of Manukao, before his claim had been submitted to the commissioners of land-claims, his property reverted back to any of the tribes who chose to take it.

This land was now by far the most valuable in New Zealand. Yet out of these simple elements, Captain Fitzroy, by his Utopian schemes of philanthropy and wavering policy, contrived to find the materials for creating dissension between the native and white populations. Had the Christian teachers, as stated in Captain Fitzroy's pamphlet, page 30, when they prevailed upon the Waikato tribe to give the Taranaki natives liberty to return to their own land, explained to them also, that

DISPUTES.

the land had passed into other hands, having been sold by their masters, who had in those days the undoubted right, to do so, they would have gone down there a useful body of labourers to assist the white population, the present occupiers, or they might have been suffered to locate on allotments not yet sold. The persuasion of the Missionaries backed by the threat of the Waikato tribe, to march them all back again if they molested the European occupants, would have had, I have no doubt, the desired effect, as it perfectly agreed with their own customs and notions of native rights.

The Queen's right of pre-emption, as conceded in the treaty of Waitanghi, having been maintained so long, could not be given up to the natives without doing a manifest injustice to the European settlers, who had purchased land from government at a minimum price of one pound per acre.

It could now be had from the natives at five shillings, of a far more valuable quality. As they had been accustomed to sell their land in large blocks to the Government, at the rate, on an average, of one farthing per acre, and were now able to obtain a higher price, their cupidity was excited to claim land already sold, on the plea that the purchase had not been made of the proper owner.

Hence also disputes now became endless. The

LETTER TO

first purchase made by a European from the natives near Auckland of this kind, I conceived would end in the man's ruin, and I satisfied myself by cautioning him, and making, in the absence of the governor, a report of the circumstances to Lord Stanley, the Secretary of State for the Colonies. This I did in the following despatch.

Auckland, Feb. 12, 1844.

My Lord,

As illustrative of the grievances in this colony, to which some of the purchasers of land are so prone to subject themselves, regardless of the embarrassment their conduct may occasion the local government, I have the honour to submit, for your lordship's perusal, the translation of a letter addressed to the chief protector of aborigines, by the chief of the tribe of natives, who are located in the immediate suburbs of Auckland.

In July last, great apprehension was entertained lest the two tribes, who are located in the suburbs of Auckland, should go to war with each other on account of some disputed land, which one party (the Waikato natives under the Auki Te Werra Werra) asserted was theirs by right of conquest, and stated that the others had located themselves on the establishment of the British rule only on sufferance; whilst the other tribes under Kawau

LORD STANLEY.

and Paul asserted that the Chief Wetera had been invited to live peaceably amongst them; but not to cultivate, or assume property in the land to the extent they were doing.

Some explanation took place between the chiefs, which ended by the allies of the one party brought from Kokouja returning peaceably to the homes, and in an amicable adjustment.

The natives of the country are considered excellent judges of the soil best suited for cultivation. The fine, well wooded district, fronting the entrance of the harbour between the Touraki ruins and Auckland, now in dispute, forms a striking proof of their discernment. This district is also remarkable for the splendour of its scenery, and were it not for their erratic mode of cultivating patch after patch, as the wood is burnt off and destroyed, there would be more than sufficient ground for ten times their number; but as it is, they have resisted until now any overture of the government to purchase any part of this desirable district. The Chief Wetera of the Waikato tribe, complained of by Kawau and Paul, is, however, now selling this land to a great extent to Europeans, who are stated to be making purchases by depositing 20 per cent on the sum agreed for; the native chiefs in return promising them, at a future period, possession. These proceedings, if permitted, will not only end in the total expulsion

LETTERS FROM

of the natives from the district, but it will also inflict a great injustice on the purchasers of land from the government, and be productive of endless litigation.

I have not thought it necessary, at the present stage, to republish the proclamation dated 30th January, 1840, or any other as the governor, on his return, will doubtless, take steps to put an end to these speculations.

I have, &c, &c.

T. BUNBURY.
Major 80th Regiment, for the Government.

Protector's Office, Auckland, Feb. 10, 1844.

Sir,

I have the honour to enclose and transmit to you for the information of his Excellency the Governor, translations of two letters from the Chief Kawau and Paul of the Nyetewatua tribe, protesting against the Chief Te Wetera, taking possession of his lands, and selling them to Europeans.

I have, &c, &c.

C. CLARKE.
Chief Protector of Aborigines.
The Honorable the Colonial Secretary.

Friend Clarke,

This is what I have to say to you. Our land is

KAWAU AND PAUL.

taken by Te Wetera. This taking of our land has no foundation or root (of equity). This is the ground or foundation. A word from our parent, since deceased. His word was this. He said to them, (Wetera and his people), here reside and cultivate food for yourselves, in order that you may be near the Europeans. This was his speech which we all agree, that they should settle by sufferance on the land of the other men (meaning our land). Mr. Clarke – On Friday, Kawau went to Remuerra, when Wetera got up, and said the land was for him. His speech was very obstinate, or determined, about taking for himself a residence. Kawau then arose, when Edward Meurant said to Kawau your speech is wrong, sit down.

This is Kawau's speech for us only in our land. This is our speech also. All of us said we say to you, that this is our land as long as we live, whan we leave it to our children. Mr. Clarke, chief protector.

From PAUL.

Friend, Mr. Clarke,

Saluting you. Listen to what I have to say about Remuerra. Wetera has sold it to the Europeans; but I say, I will not let my land go for him. If Wetera persists I shall be mischievous; that is all. This is to let you know, that I shall be mischievous.

From KAWAU.

A ROBBERY.

This tribe did become mischievous, but in a different way from what might be supposed.

The natives had lately acquired a habit of pilfering the shops of articles they pretended they wanted to purchase. One merchant, in particular, had been more victimized than the others, and as it was very difficult to obtain redress when natives were concerned, he determined to force a case on the Government, with evidence so clear, that all the ingenuity of the protector's should not be able to screen the culprit. An inferior chief was accordingly soon detected in the act of stealing a forage cap, and was apprehended. When his trial came on, a number of his tribe were in the court, but when the sentence was delivered, they sprang into the dock and carried the prisoner off. It was evident they had come armed with tomahawks hidden under their blankets and dress, and the outrage was immediately reported to me by the magistrates. The plan of the Government would have been to let the man escape, and take no further notice of the matter. The natives would thus have been encouraged to the committal of fresh outrages, and perhaps in the end the settlers would have taken the law in their own hands; finding redress could not be obtained by other means.

This, however, was not my view of the means to be adopted. Seeing six canoes pulling with

ITS EFFECTS.

great vigour against wind and tide towards the Pa of Kawau, I concluded at once that the rescued prisoner was with them, and collecting a few armed soldiers, we sprang into some boats on the beach and pulled immediately off in pursuit, desiring the next senior officer to follow with the remainder of the force and the magistrates by land.

We could not come up with the canoes until they reached the land, when I found that the whole proceeding had been a mere stratagem to draw my attention from the party, who were conveying the prisoner away by land; to enable him on reaching the bush, to conceal himself and escape.

A native who had been in one of the canoes, commenced loading his musket. I, however, ran up to him, wrenched it out of his hands and beating the stock against the ground broke it to pieces, throwing the stock one way and the barrel another. I then gave the man and the chief Kawau's son, who had also been in the canoe in charge of a sergeant, whom I ordered to convey both with the six canoes back to Auckland without delay, or waiting for the rest of the party. By this time the party with the magistrates, and that portion of the tribe who had made the rescue, also arrived with the old chief. Kawau came to me apparently in a great fright to express his regret at what his people had done, and when I said that I must take him a prisoner with me to

ARREST OF KAWAU.

Auckland; he said he would go if I would only promise not to put him in the wari hari hari, (prison), but the moment he attempted to follow me, the tribe became, as it were, frantic; one fellow in particular, commenced his war dance with the most hideous contortion of countenance: He seemed, when so doing, to cause so much excitement amongst the others, that I went up to him, leaving the chief, and endeavoured to get from him his tomahawk, but this he would by no means allow, drawing back his arm. However, on my shewing him the point of my sword, which was exceedingly sharp, and telling him it was my determination to run him through if he did not cease his capers, he stopped; but after I released my hold, on the old chief attempting to follow me, he recommenced. The women of the tribe were by far the most noisy. I was much pleased at the conduct of some of our men, who were ready to pick off any of the natives who might attempt violence; holding their muskets ready for that purpose. I then told the magistrates that I could serve the writ if they wished it, but not without bloodshed. On consulting together, they thought it better not to arrest the chief; particularly as he had promised them that the prisoner should be brought back to Auckland in a day or two.

On returning to Auckland, the magistrates

MRS. FITZROY.

thought it would not be necessary to detain the chief's son. He was accordingly released the next day, and the canoes were detained until the prisoner should be given up.

The tribe of Te Wetera immediately volunteered their services to bring the tribe of Kawau and Paul to their senses, which of course I would not permit, although I believe they would have been too glad to have again possessed themselves of their lands in the neighbourhood of Auckland.

Many reports were now circulated that the natives were about to attack the Europeans, particularly the soldiers at Auckland, and in order to tranquillise the inhabitants, I had the barrack yard strengthened, and alarm posts assigned to the inhabitants. What made this report more generally believed was, that the natives had suddenly bought up all the gunpowder they could get, and such was the cupidity of the shop-keepers, that not a pound was to be found in the place, although they knew they might require it themselves.

As a mark of attention to Mrs. Fitzroy, although I had no fears myself, I called at Government House, to point out the church and brick building under the fire of the barracks, as a place for her to retire to, should she think it necessary. Mrs. Fitzroy had in the morning sent her children with their governess on board a schooner, laying

HER ANSWER.

in the harbour. She was the daughter of General O'Brien, who came out from England with them. I cannot easily forget her answer. "My children with their governess are safe on board, and you are greatly mistaken, if you think that I have any personal fears for myself. I am a soldier's daughter. My father will not leave Government House, and whilst he chooses to remain, I will not shew myself so unworthy as to abandon him; give yourself no trouble on that account."

No natives made their appearance excepting those about the streets at their usual occupation. Kawau sent to me to be allowed to come to Auckland, and apologize to me for the conduct of his people, but I told him to remain where he was until the return of the Governor; for should he come to Auckland, it would be my duty to arrest him. He was a good old fellow, and we had hitherto been great friends.

On the return of the Governor, I expressed my satisfaction at the cordial support afforded me by all the government officers, with the exception of the Protector of Aborigines, on whose account nothing had been done with regard to the complaints of the owners of the fishery at Mercury Island. The subject was evidently distasteful to the Governor, and the Protector's conduct, passed unnoticed. With regard to the affair with the natives, he disapproved of it altogether. I had lost that

A COMPLAINT.

respect from the natives, which as commanding the troops, I had hitherto possessed, and in his pamphlet he accuses me of great rashness. The chief protector, he says, had influence enough to have effected a peaceable adjustment of the matter, and a voluntary return of the prisoner to his confinement. In reality I never once saw the Protector during the whole of the business. He was hated by the Europeans, and held in utter contempt by the natives, and had he possessed any influence whatever, it would have been exercised to paralyze the action of the executive authorities. He never came near me, with information or with advice. He knew that I held both in contempt. Governor Fitzroy asked me what I meant by keeping the canoes as hostages, and further enlightened me by observing that such a thing was unknown in law, and not acknowledged in the British constitution. I told him that the prisoner was, however, again in custody, for him to deal with as he might think proper. He was released. The Governor's violation of his own proclamation regarding the Queen's right of pre-emption, and the sale of lands by natives was sanctioned afterwards by law; and the dangerous power and influence of the chiefs over their tribes was secured to them by an act of the legislature which made them the sole instruments in arresting their refractory people. Clanship of feudal times with its worst features

MEETING OF TRIBES.

and when the natives ought rather to have looked up to the same laws which governed both races, they were told to cling to their chiefs, and look to them for safety.

I was sent for by the Governor afterwards to explain how I had settled the affair of Mr. Shortland, which he said he had understood I had done, so as to satisfy every condition which he could not understand. He therefore wished me to explain it to him, and when I had done so, he said, "Good, that was well done;" these were the only thanks I received! Old Kawau, on coming with his tribe to visit the Governor, seeing me stand at my door in my dressing-gown, when they landed, came to the bottom of the garden fence. Observing that he wanted to speak to me, I of course went to meet him, when he put out his hand over the fence saying, "My people acted wrong, you are too good to us, give me your hand, I hope you will forget it." On going to Government House, I passed other tribes seated on the ground, and in sight of the Governor. They all rose to salute me as I passed, rather an unusual thing with them, and on my pointing this out to Captain Fitzroy, and asking him if he thought that looked as if I had lost my influence with them, he said, "No, but you might have done so." There is a great deal of trash in Captain Fitzroy's pamphlet, which I gladly pass over as only fit for a

CAPT. FITZROY'S PAMPHLET.

text for some of the twaddlers at Exeter Hall to discourse upon. One statement, however, deserves some reply, when he asserts that the protectors of the natives have been more efficient protectors of their own countrymen. I ask, was it experienced by the shopkeepers at Auckland, when their goods were pilferred? Was it by the fishermen at Mercury Island? Was it by the punishment of some natives who set fire to the house of Mr. Forsyth near Hokianys, after plundering it during his absence. No, Mr. Forsyth had resided many years in the country, spoke the language fluently, and was generally liked. He was appointed a sub-protector, and compensated by the salary of government.

I will mention my own case. I discovered a very large and ornamental tree on my farm, of a species of which there were none in the neighbourhood, called "ilenau." Besides being very ornamental, its bark contained some peculiar properties, a deal of the tannin principle, and was much used also by the natives in dying black. I immediately set a gang of ten or twelve natives to clear the ground in its vicinity, as a security against the copse taking fire, to which at particular seasons it was very liable. On going to visit my pet tree three or four days after commencing clearing, I found some person had stripped it entirely of its bark; the roots which lay exposed on

MISCHIEVOUS TRICK.

the surface not escaping the same process. I was of course indignant, and suspecting some natives who had been loitering about the place some days before seeking employment, I ordered a strict search and inquiry to be made, and I found the bark in the house of some settlers, who had purchased it from a native, who stated to them that he had brought it from a district where it was afterwards ascertained none existed. Hearing of its properties, they were on the point of making some experiments with it. On finding the native who had done me this damage I took him to Mr. Clarke, who employed himself in seeking excuses for the man and how he could best screen him. To have followed the matter further would have been to embroil myself with the man's tribe, which when I considered myself as a private settler I always carefully avoided. I therefore told Mr. Clarke that suspecting how he would treat the subject, I had come to be myself a witness to his mode of dealing with the natives, and, having satisfied myself, I should pursue the matter no further.

I was much gratified afterwards on learning from an old settler that this tree would revive and recover its bark, which was smooth and very unlike the "quercies" species; but I did not stay long enough in the colony to witness this desirable result. I am not aware of the process by which

ESTABLISH A MILITARY CHEST.

the natives obtain their black dye from the bark of this tree; but the dye seems to me to be very permanent.

These were not the only losses I sustained by my ornamental timber being cut and carried away. I am sorry to say this was done sometimes by my countrymen. One kind in particular which suffered, was the tree myrtle which grows out of the clefts of the rock overhanging the Tamika river. It was, independent of the large beautiful crimson flower with which at particular seasons it was studded, very valuable timber for boats or large vessels. The wood was red and beautifully grained. The site where it was growing being at a distance from my hut, I did not perceive my loss for some time afterwards.

I now received orders from Her Majesty's Treasury to establish a military chest, for which on account of the great trouble and responsibility it entailed I was to receive an allowance of five shillings per diem! I was also now appointed to command the troops in the colony of New Zealand, but no mention was made of an allowance for that appointment; and in return the first order I gave was granting myself £100 per annum, each captain £75, and subalterns £50 lodging money from the day that our tents had become unserviceable. The order was never questioned, and the officers continued ever afterwards to receive it until quarters were provided for

A LARGE DEMAND.

them. I never could get the General to give this order. He told me that I might do as I liked when I got the command, and I therefore sent him a copy of the order I had given; but my reign did not last long. We were relieved at the expiration of three months, and all the allowance I got for my services in New Zealand, besides this sum which I gave myself and comrades, was £24 in four years!

A commissary of accounts was attached to the command, Mr. Turner who had before served with me in Norfolk Island as a commissary for the issue of provisions; our experience was therefore very limited, and the instructions furnished from the Treasury were scanty indeed.

The moment Governor Fitzroy heard of this windfall, he sent to tell me that he should require £30,000 for the service of the colony, and he wished to see me on the subject. I was allowed to peruse the printed instructions for the guidance of governors of colonies, which stated that all sums required for the public service were to be drawn from the military chests and be provided by the officers commanding the troops; but we found that it needed also a Parliamentary grant to sanction the issue. I asked time to consider, and having sent for the commissary of accounts we decided not to give the money, but to put the matter in a tangible shape. I was to write to him

REFUSAL OF IT.

to inquire whether such a thing was compatible with his instructions. He had none, but it was decided that on the production of the grant for the Colony by Act of Parliament for that amount, the money would be procured.

I enclosed his letter to the Governor regretting that I could not comply with his demand without the document alluded to. We were both the next day summoned before the Council, and on my adhering to my resolution, he said he must order the Colonial Treasurer to draw bills on the Treasury, and as there would be two of us in the market in our small community, cash would only be procurable at a very ruinous rate.

I told him I could not help it, and took my leave. From this day, the financial affairs of the Colony got into the greatest disorder.

The following very handsome testimony to the estimation in which the services of the troops and myself were held by the inhabitants of Auckland and its vicinity, contrasts strangely with the light in which they were viewed by Governor Fitzroy, as seen through the contortion of the Chief Protector of Aborigines' visual organs, and whose signature alone of all the Government officers and officials is wanted to stamp approval on my conduct. May I not consider the omission flattering?

We, the undersigned, in behalf of the public of

LETTER FROM THE CHIEF JUSTICE.

Auckland, request the honour of the company of Major Bunbury, and the officers of the 80th detachment, to a public dinner on Thursday next, at the Exchange Hotel, as a slight mark of the high esteem which all classes of the community feel towards them, and their deep sense of regret at their departure from among us.

(Signed by ten of the principal inhabitants.)

FROM MR. CHIEF JUSTICE MARTIN.

Taurarua, April 18.

My dear Major,

I have this morning received a note inviting me to meet you at a public dinner to be given to you this evening.

Various circumstances will make it impossible for me to attend; yet I so entirely sympathize with the public feeling towards you, that I have thought it necessary to write to you, lest my absence should be misconstrued. I beg you to be assured that no man in Auckland will rejoice more heartily to witness your safe, and prosperous, and honoured return to this land, than will, (if such a pleasure be in store for him),

My dear Major,
Yours most faithfully,
W. MARTIN.
Major Bunbury, K. T. 8.

A PUBLIC ADDRESS.

TO MAJOR T. BUNBURY of Her Majesty's 80th Regiment.

Sir,

We the undersigned magistrates, clergy, and colonists generally of Auckland and its vicinity, are desirous of an opportunity before you leave of expressing to you the unqualified esteem and admiration that we entertain towards you in every capacity of life. Under the circumstances of your hurried departure, we can devise no means so suitable as a public address, conveying to you the assurance that we are fully sensible of the advantages we have derived from your manly, consistant, and affable conduct amongst us.

You have occupied the highest situation amongst our society, and in that trying position, (for the period of your time was one of singular excitement), you fully justified these conclusions, which had been already established by your unvarying and brilliant example as an officer, a colonist, and a most dearly esteemed citizen.

Permit us, therefore, the undersigned, to say that you carry with you our most grateful feelings, and our most sincere and ardent wishes for your health and happiness.

Our unaffected regrets on the melancholy duty of farewell, is greatly tempered by the hope and belief that you will soon return, and we shall hail that event as one of all others most propitious to

A PUBLIC ADDRESS.

the advancement of New Zealand. But if it shall, as it possibly may please Her Majesty, to avail herself of your eminent services in some other more extensive sphere, we shall forget our own regrets in the anticipation of those brighter prospects for yourself which you are so highly deserving of. We earnestly pray that God may prosper you.

The original addresses forwarded with a memorial to the Commander-in-Chief, in the year 1846, were not returned, but the following names of officials were attached to this.

J. F. Churton. Minister of Auckland.
Felton Matthew. Police Magistrate.
F. Whittaker. Judge.
J. Coutes. Clerk of the Council.
Andrew Sinclair. Colonial Secretary.
T. Scott. J.P.
W. Swainson. Attorney-General.
Alex. Kennedy. Manager of the Auckland Bank.
Percival Berry. Sheriff.
P. Hogg. Collector of Customs.
Dudley St. Clair.
W. Shepherd. Colonial Treasurer.
D. Rough. Harbour-Master.

And most of the principal inhabitants and shopkeepers of Auckland, with a unanimity of feeling of rare occurrence in a new colony.

ANSWER TO ADDRESS.

The following answer to this address was returned.

TO THE MAGISTRATES. CLERGY, AND COLONISTS OF AUCKLAND AND ITS VICINITY.

Gentlemen,

The proof which I have this day received of the partiality with which my humble efforts have been viewed by the magistrates, clergy, and colonists generally of Auckland, whilst I was honoured with the charge to which you allude in your very flattering address, convinces me that the expressions are those of unfeigned friendship.

As a soldier, I should consider it my paramount duty at all times to protect the life and property of Her Majesty's subjects, denuded of every personal consideration of advancement, praise, or censure.

As a magistrate, that duty was doubly incumbent on me; but honesty and truth forbid that I should arrogate to myself the sole credit of having by these acts obtained your approbation, when I was so cordially aided by the advice of the public officers, and the zealous and effectual co-operation of so many of the inhabitants.

You are right, gentlemen, in your conjecture of my intention of again visiting this colony, and probably ending my days amongst you; and you may rest assured, that the unmerited expression of esteem

ANSWER TO ADDRESS.

and regard which I have received this day, has not diminished that desire. My professional duties must, however, separate us for a time, which I trust will be of short duration; when, gentlemen, I hope I shall prove to you that none will be found more desirous of co-operating for the advancement of this promising colony.

An experience of four years, two of which were passed in the tented field without ailment, has convinced me of the salubrity of the climate, and of the propriety of my choice as a colonist; practical observation of the extraordinary productiveness of the soil has caused me to esteem it beyond any other.

In common with the Australian colonies, I fear, gentlemen, that your adopted country has suffered from the pressure of the times; but I trust the evil will be of short duration, and should Providence permit my return, I hope to find the city of Auckland increased, and the colonists rich and prosperous.

T. BUNBURY.
Major, Commanding Detachment 80th Regiment.

From my neighbours in the rural districts of the Tamaki, I also received a most flattering address, to which I returned a suitable reply.

My connexion with New Zealand ended here. My services afterwards in India promised.

SELL MY FARM.

to be of such long duration, that I found I should be too old to think of becoming a settler in a new colony. I sold my farming establishment in 1849, to Colonel Taylor, of the Madras army, for 26,000 rupees, (about £2,300). He had purchased some adjoining farms; and his two sons had already occupied part of mine, as tenants, where they were expecting to do well. From the period that I left New Zealand until its sale, I had never expected or received any rent; it therefore seemed the height of folly to retain it.

Shortly after, we were relieved by a party of the 96th regiment. As I had often predicted, the vacillating policy of the Government brought the troops in collision with the natives, and it became necessary to increase the force to nearly two regiments. At first the troops suffered some reverses and loss of officers and men, and although employed against Heke and his insignificant tribe, it was some time before order could be restored.

The troops, however, must have been highly appreciated at the Horse Guards, if we may judge from the promotions and honours bestowed upon them on this occasion. These, though not more gratifying, were certainly more substantial than what the 80th detachment received during the period of four years that they served in the colony. I mentioned this circumstance about two years afterwards to the military secretary, Lord Fitzroy

ARRIVE AT SYDNEY.

Somerset. His remark to me was, that we had not been engaged! I cannot take upon myself to say whether his lordship was joking, or in earnest; his relative, Captain Fitzroy, having pronounced me rash and imprudent, when dealing with the natives.

On the 10th of May, 1844, I arrived with part of the detachment at Sydney, the other portion under Captain Lockhard having arrived two days previously; and about a week afterwards Lieutenant-General M. O'Connell made his half-yearly inspection of the regiment, with which in a public order he expressed himself highly pleased. Subsequently, Sir Maurice learnt that he had succeeded Lieutenant-General Sir John Taylor, as Colonel of the 80th regiment. We had always been with him a favourite corps, and on this occasion his joy knew no bounds. The officers were feted, and his house was always open to them. To the men he gave a dinner and beer; the fellows were drunk for nearly three days, and we began to fear that they would never get sober; but to their honour and credit be it said, that in all that time, there was only one man who had at all compromised himself.

One of their freaks, I did not at all approve; they insisted on chairing their officers all round the barrack yard. Even the gouty Lieutenant-Colonel, was obliged to submit, some officers

ARRIVE AT SYDNEY.

made their escape, but were brought back and chaired. I was more fortunate, for when I saw the turn matters were taking, I got away at once, and went and spent a day in the country with a friend.

[Inserted unpaginated illustration]

(Conclusion.)
USED UP.
Photographed by Day & Son, Lithrs. to the Queen.

Conditions of Use

By their use of these ebooks, texts and images, users agree to follow these conditions of use:

These ebooks, texts and images may not be used for any commercial purpose without permission from the University of Auckland Library.

These ebooks, texts and images may not be re-published in print or electronic form without permission from the University of Auckland Library. However, educators are welcome to print out items and hand them to their students.

Users are not permitted to download our ebooks, texts, and images in order to mount them on their own servers for public use or for use by a set of subscribers. Individuals and institutions can, of course, make a link to the copies at ENZB, subject to our conditions of use. It is not in our interest or that of our users to have uncontrolled subsets of our holdings available elsewhere on the Internet. We make corrections, add tags, add images, etc. on a continual basis, and we want the most current text to be the only one generally available to all Internet users.

These texts can potentially be used as the basis for additional TEI tagging or for some other etext or ebook project, but we ask that you let us know before you start, so that we can coordinate work on that text and make sure that we are not working on it simultaneously. We would like a copy of the improved text for our collections.

Request for permission form