The Sun.
London, England, 1864-05-26 00:00:00

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NEW ZEALANA

Further papers relating to New Zealand affairs
have been printed. The aeries includes despatches
.from the Governor of New Zealand ei s to the Con-
fiscation and Loan Act, with accornpan ying memo-
randa, and concludes with a long despa,sch from the
Secretery of State for the Colonies to SA'r G. Grey,'
dated 26th April, explaining the policy cf Govern-
ment in reference to these acts. The Colonial
Secretary,in doing this, states that the preliminary
question of the power of the Colonial Legislature in
passing the Act for establishing settlements' in New
Zealand is under the consideration of the law officers
of the Crown. He then notices numeroree objections,
especially to the Confiscation and Settlement Act,
as of too sweeping a nature, liable to abase, calcu-
lated to irritate the natives into further resistance,
and prolong, instead of terminate, the war, unless
restreinrd by a strong and xc solute band. Her
Niejesty'e Government might, for these reasons,
have disallowed them, but wee° urea
weaken the G)Verrier'S hands. a cc:n.%!usion to which
they had also been led by obeerving that no step in
confiecation could be taken sithout his persona
concurrence, and by reliance en his sagacity, firm.
ness, and experience, and long recognised regard
for colonists end natives. They had therefore
decided on the following instruc'ione
" It is in their opinion very much to be desired
that the proposed appropriation of the laud should
take the form of a cession imposed by yourself and
General Cameron upon the conquered tribes, and
made by them to the representatives of the Queen,
as a condition on which her Majesty's clemency is
extended to them. The advantages of such a set-
tlement (in which, however, I need hardly say the
position of the Maories as defeated rebels should be
unequivocally exhibited) are too manifest to need
explanation.

to

" But if this should be found impossible, you are
at liberty, subject to the following reservations, to
give your concurrence in bringing the law into
operation.

" A measure should be at once submitted to the
Legislature to limit the duration of the act to a
definite period, not exceeding, I think, two years
from its original enactment—a period long enough
to allow for the necessary inquiries respecting the
extent, situation, and justice of the forfeiture, yet
short enough to relieve the conquered party from
any protracted suspense, end to assure those who
have adhered to us that there is no intention of sus-
pending in their case the ordinary principles of law.
" The aggregate extent of the forfeiture should
be at once made known, and their exact position as
soon as possible.
" A commission should be constituted for the
special purpose of inquiring what lands may pro-
perly be forfeited. The members of this commission
should not be removable with the Minslry, and
should be so chosen as to guarantee a fair and care-
ful consideration of the matters brought before
them.

" It should be clearly understood that your own
concurrence in any forfeiture is not to be comidered
as a mere ministerial act, but that it will be with-
held unless you are personally satisfied that the
confiscation is just and moderate.
"And here I must observe, that if in the settle-
ment of the forfeited districts all the land which is
capable of remunerative cultivation should be
assigned to colonists, and the original owner,, the
Maori, be driven back to the forest and morasei, the
scene of injustice, combined with the pressu re of
want, would coavert the native population info a
desperate banditti, taking refuge in the solitudes of
of the interior from the pursuit of the police, or
military, and descending, when opportunity might
occur, into the cultivated plain to destroy the peace-
ful fruits of industry. I rely on your wisdom. and
justice to avert a danger so serious in its bearin g on
the interests of the European not less than of the
native race.

"Turning to that part of the law which authorises
the dispossession of persons who have not been in-
volved in the recent rcht.:llion, I have to observe
that although her I\ltiksty's Government aamit
with regret that the tribal nature of the native
tenure will sometimes render it unavoiC4tble
that itn)cout persons should be deprived of
their lands, they consider that land sh ould
not ho appropriated against the will of
owners merely becauee it is in the

;me district with rebel property, and may
enaveniently bo usEd for purposes of settle-
ment, but only in cases where loyd or neutral
ncives are unfortunate enough to be joint owners
with persons concerned in the rebellion, or because
it is absolutely required for some purpose of defence
or communication, or on some similar grou&id of
necessity. But every such case of supposed neees•
city should be examined with the greatest care and
admitted with the greatest caution and reserve.

" The compensation to be given to persons thus
dispossessed is properly by the Act itself made the
subject of inquiry in an open court ; but the sth
section of the Act ought to be so modified that ,dle
powers of the court may not be limited in any
manner which would prevent its doing complete
justice to the claims of every innocent person, or
extending reasonable consideration to those whose
guilt was of a less heinous character, a class which,
in the varying temper of the New Zealand tribes,
is probably large. I trust that, in accepting any
cession, or authorising confirmation of any forfeiture
of land, you will retain in your hands ample power
of doing substantial justice to every class of claimant
for restitution or compensation.

Finally, when you have taken all the powers,
and received all the cessions which you think neces-
sary for the satisfactory pacification of the islands,
you will do well to accompany these measures of
justice and severity by the announcement of a
general amnesty, from which those only should be
excepted who have been concerned in the murders
of unoffending settlers, or other like offences of a
heinous and strictly exceptional character. In order
to mark asi much as possible the discriminating
character of British justice, the exception from the
amnesty should not be couched in general terms,
but should recite one by one the specific outrages
which remain unpardoned.
" Subject to these cautions and conditions, and in
full confidence that you will act on the general
principles which I have before laid down (and is
which I anticipate your cordial concurrence), her
Majesty's Government are prepared to leave in your
hands the power with which you have been entrusted
by the Legislature of the colony."
Regarding the loan, the Colonial Secretary ob-
serves, that of the £3,000,000, £1,000,000 is alloted
to the expenses of the war, £200,000 to repay an.
Imperial debt, £200,000 to compensate Taranaki
t
settlers, and the remainder—the bulk of the loan—
in the main to the settlement of the country. Go-
vernment recognise the colonial war expenses as
exceptional, and are willing to propose to Parlia-
ment
as to cover the farther increased
colony to the imperial Exchequer, and
debt
promised,
of o
tl: o extend the guarantee of £500,000 already
properly payable oat of current revenue. They
consider, however, that an Imperial guarantee is
not property applicable to the purpose of settling
the colony, and they do not consider the land to be
acquired of such value as materially to add to the
security on Which the guarantee of Parliament
could be given. The omission of this sum would
reduce the loan within narrower limits, and he
promises to consider and weiic on a future occasion
how fur the New Zatland revenue, pledged by the
Act, may justify Government in increasing the
proposal they have promis,..d to make to Parliae
went. Ia conclusion, the Colonial Secretary inti-
mates that at the close of the year, when the pre-
sent arrangement fur pay meat or a merely numie
nal contribution by the colony for war expenses
terminates, herMajesty'sGovernment, in guarantee-
ing a large loan, will require a much more adequate
contribution from the colony to the Imperial
Exchequer.

EXTENSIVE JEWEL ROBBERY.—Yesterday infor-
mation was received by the police that the house of
Mr John Fleming, 15, Upper Hyde Park-gardens, Bays.
water, had been plundered of gold watches, diamond rings,
brooches, gold chains, and a cabinet of American and Mexi-
can gold and silver coins. The thieves escaped with their
booty, valued at £l,OOO, and though a reward of £l5O is
offered for their capture at present they remain at large.