The Sun.
London, England, 1860-11-14 00:00:00

DNESDAY EVENING, NOVEMBER 14, 1860,

with the pien-i-hing-sz powers, in the Imperial
decree which we never doubted they had received.
Hang-ki then said that they had not received any
other decree than that_ already communicated to
Lord Elgin, in Hang-Fuh's and Hang-ki's despatch,
without date of the day (received 25th instant), and
of this Tsung-han, the Commissioner of the Salt

" Gabelle," who, partly as host and partly in satis-
faction of Chinese usage, was assisting at our con-
ference, went to procure a copy. He returned
presently with one which he subsequently admitted
had been made from a Pekin Gazette, which he also
produced. The decree is identically the same with
that recited in the above despatch. It does not state
what the Commissioners are to discuss or dispose of
nor does it state that they are invested with pien-i-
-hing-sz powers. It makes no allusion even to foreign
affairs.

We continued to press Hang-ki regarding this
decree, firmly persuaded that, as in 1858, the Em-
peror had issued one, declaratory of the nature of
Kweiliang's mission, and his authority to deal with
us. Hang-ki suggested that Kweiliang must have
got his orders at his last audience of the Emperor
but that such a decree as we spoke of might possi-
bly be in the possession of Hang-Fuh, who was at
his own residence, but as Tsung•han continued to
pass back and forward between Hang-ki and
Kweiliang, it was deemed advisable to request an
interview with the latter. This after a little delay
was acceded to. Kweiliang informed us that he was
very seriously indisposed. He looked so, and
appeared at the same time rather to exaggerate his
infirmity. He seemed at the same time fully con-
scious, as did the other two mandarins, that there
was something wrong.
It was explained to him that our commission
had been simply to confer with Hang-ki, with a
view to putting the convention, the terms of which
he was already aware of, into shape, and that one
of the first points to which we had naturally come
was the exhibition of the powers referred to
in the preamble, which would have to precede
the signature of the convention itself; that under-
standing from Hang-ki that there was no decree on
the subject, except that short one of the 24th ult.,
we had deemed it advisable to hear this from his
Excellency Kweiliang's own lips, as we thought it
useless to proceed with the further consideration of
the draft we had brought, until we had informed
Lord Elgin of the fact. Kweiliang, as Tsung-han
had done previously, fell back upon his first inter-
view with Lord Elgin, in 1858. He said he had
then produced a decree which was rejected as in-
sufficient, because he was not furnished with a
Kwan-fang, and that he had now brought a Kwan_
fang without a special decree. He was reminded
that the former decree was objected to as being in
itself incomplete, even had he possessed a Kwan-
fang, but that that decree did at least declare that
he was armed with the plenipotentiary powers he
assumed in his title. and he was again urged to say
when, or by what decree, he was now invested with
the same title, to his employment of which alone
was to be attributed Lord Elgin's acceptance of him
as a Minister qualified to treat of the matter in
hand.

Kweiliang endeavoured to impress upon us that
he was sure to be regarded at Pekin as possessing
the necessary powers, as in Lord Elgin's letters to
him, which he had forwarded to the capital, he had
always been addressed by Lord Elgin as Plenipo-
tentiary Minister. After some beating about the
bush, however, he admitted that he had no decree
save the one before us, but would immediately write
to Pekin for the powers required.

We then took our leave.
(Signed) THoMAs WADE,
• HARRY S. PARKES,
Joint Chinese Secretaries.

Enclosure No. 2, in the Earl of Elgin's despatch of
Sept. 8, 1860.)

The undersigned, Earl of Elgin, &c., has the
honour to acknowledge the note of their Excellencies
the Imperial Commissioners, proposing an interview
with him this day.
The undersigned has since received the report of
his secretaries, Mr. Wade and Mr. Parkes, who
were yesterday sent to deliver officially to the
Assistant-Commissioner Hangki, the draft of the
Convention which, as stated by the undersigned in
his despatch of the 29th August, it was necessary
should be signed before he could apply to the com-
manders-in-chief to desist from offensive operations.
Independently of the plain language used in the
undersigned's despatch above referred to, the nature
of the stipulations to be entered into by this Con-
vention having been communicated in various con-
versations, dated so far back as the 3d instant, and
a draft of almost the whole Convention placed in
their hands on the sth instant, it is with no little
surprise that the undersigned has learnt that their
Excellencies declare that they have no authority to
sign the Convention until it shall have been sub-
mitted to his Majesty the Emperor, and that they
are unable to produce any decree investing them
with the powers implied by certain words forming
part of their official titles, and their assumption of
which alone induced the undersigned to regard
their Excellencies as competent to the negotiations
which their despatches of the 23d of August and
25th of August declared them qualified to under-
take. The undersigned will not dwell on the want
of good faith indicated by this proceeding. It is
enough for him to observe that the alleged neces-
ii.y of reference to Pekin, from a point so distant
as this involves delays to which he will not submit.
He has accordingly called upon his Excellency the
General commanding her Britannic Majesty's army
in China, to provide him with such a force as will
enable him to proceed, without loss of time, to Tung
Chan, and he has further to intimate to the Impe-
rial Commissioners that he can neither receive their
visit nor enter into any Convention with them, for
the re-establishment of peace, till he shall have
reached that city.
(Signed) ELGIN AND KINCARDINE.

(Inclosure 3 in the Earl of Elgin's despatch of Sep-
tember 8, 1860, received 7th September, 1860.)
Kwciliang and Hang-Fuh, Imperial Commis-
sioners, and Han gki, Assistant-Commissioner, make
a communication in reply.
The Commissioners have this instant received the
letter of his Excellency the British Minister, and
having thoroughly acquainted themselves with its
contents, would urge that a representation has been
made to the throne regarding the question raised
at their interview of yesterday with his Excel-
lency's secretaries, Messrs. Wade and Parkes, and
that his Majesty's decree may be expected in a day
or two. Peace between the two countries having
become matter of negotiation (or negotiations being
already on foot) a certain amount of indulgence,
they think, may be allowed in all deliberations. It
is their duty to state this to his Excellency the
British Minister, and to request him, notwithstand-
ing what has happened, at least to wait three days
or so at Tien-tsin, so as to enable ,everything to be
settled satisfactorily, to the more perfect re-esta-
blishment of friendly relations. This will be best.
They accordingly address this communication to
•
him.

A necessary communication, &c.
Hien Fung, 10th year, 7th moon, 22d day-7th
September, 1500.
Translated by
(Signed) THOMAS WADE, eitineSe Secretary.

(Inclosure 4 in the Earl of Elgin's despatch of Sep.

tember 8, 1860.)

The undersigned has the honour to acknowledge
the communication received last evening from their
Excellencies the Imperial Commissioners, Kwei-
liang, Harg-Fuh, Hangki, urging him to delay his
departure from Tien-tsin for a few days.
The undersigned begs to state, in reply, that he
has nothing to add to the despatch which he had

the honour to address yesterday to the Commis-
sioners.

(Signed) ELGIN AND KINCARDINE.
Tientsin, Sept. 8, 1860.

(Inclosure 5 in the Earl of Elgin's despatch of the

Bth of September, 1860.)
Tien-tsin, Sept. 8, 1860.
Sir,--I regret to say that I have been compelled
to break off, for the moment, negotiations for the
re-establishment of peace with China, in conse-
quence of its having been unexpectedly intimated
to my secretaries, Messrs. Parkes and Wade, by
the Imperial Commissioners, that they have not the
requisite authority to treat with me.

As this is evidently a device to gain time, I have
thought it my duty to inform thorn that negotia-
tions are closed for the present, and that they can-
not be resumed until I shall have reached Tang-
Chan.

(Signed) ELGIN AND KINCARDINE.

TILE WAR IN NEW ZEALAND.

(From the Correspondent of the Times.)
MELBOURNE, SEPT. 25.

The latest intelligence from the seat of war in
New Zealand leaves matters nearly where they were
a month ago. General Pratt, on his arrival, did not
immediately assume the command of the troops. He
found that the commanding officer was fettered in
his operations by strict instructions from the Go-
vernor, Colonel Clore Browne—so much so as to

justify the General in expressing an opinion that
Colonel Gold could not have acted otherwise than
he did. The forces of all arms at the commanding
officer's disposal amount to 2,600 effectives, and the
insurgent natives are supposed not to reach that
number, It is further stated that General Pratt
intimated that unless the Governor would give him
carte blanche as to the conduct of the war, he should
decline the responsibility of the command and re-

turn to Melbourne, and that the Governor had
yielded to this condition. The General was quite
right in having his position clearly defined.
In order to explain this, it will be necessary to
say a few words on the relative positions of the
Governor-in-Chief and Captain-General of a colony
and the commander of the troops. There are cer-
tain " Rules and Regulations for her Majesty's Co-
lonial Service" made in Downing-street, in which
the state of things in New Zealand has evidently
not been contemplated, and therefore it is not pro-
vided for. Where the Governor is of the rank of
(full) colonel in the army, he is usually, though not
invariably, appointed Commander-in-Chief; but
where he is below that rank, or is a naval officer,
or not a military man, he is appointed and styled
" Captain-General and Governor-in-Chief," and the
military command is intrusted to a military officer
of equal or superior rank. This is the case in New
Zealand, the Governor being, I belive, a Lieutenant-
Colonel in the East Indian Army. In this case the
Governor, as Captain-General, has the distribution
and detachment of the troops intrusted to him, the
commander of the troops being responsible for
" military details," which are, however, not de-
fined. It is only in case of " actual hostilities"
from a " foreign enemy" that the commander of the
troops is authorised to " assume the entire com-
mand." In all other cases he is bound to " con-
form to the instructions issued to him by the Go-
vernor." Now the natives of New Zealand, having
become subjects of the Queen by the treaty of
Waitangi, are not a " foreign enemy," although
the character of the war is precisely such as would
arise front the presence of a " foreign enemy," and
therefore equally demanding that the commander of
the troops should not be crippled by his instruc-
tions, but should have the entire command. This,
it is said, has been conceded to General Pratt in a
conference which he had with the Governor at
Auckland, and he had returned to New Plymouth
with full powers.
Up to the latest adviccs Gen. Pratt had been
acting on the defensive, but it was thought only as
a necessary preliminary to active aggressive opera-

tions. He had sent the women and children to
Nelson, and was occupied in completing the fortifi-
cation by intrcnchment of the town of New Ply-
mouth. The natives were equally active in strength-
ening their position. They were also harassing the
troops and settlers by sending out marauding par-
ties, burning houses, driving off cattle, and shooting
or tomahawking any stray, soldiers or settlers -who
happened to fall in their way. In many instances
they had bees successful, though kept in check by
parties of troops or volunteers, and occasionally by
shot, shell, and rocket.

While all this has been going on at Taranaki the
General Assembly has been called together at Auck-
land, and we are indebted to that circumstance for
some very important' disclosures, and for a general
expression of opinion which we should otherwise
have remained without. These disclosures impart

to the war a character different from that which I
communicated in former letters. A belief is gain-
ing ground among a large number of the settlers
that the war is unjust; that Governor Browne has
committed a great error ; that he has wantonly I
departed from principles which he himself had laid
down for conducting the purchase of land ; that
Teira, from whom he purchased the disputed block,
had no title to it; and, lastly, that by mistransla-
tion or unskilful use of the native language, what
he intended as a proclamation of martial law (it-
self wholly illegal and beyond his powers) was
really a declaration of war, and would be so under-
stood by the natives and by every person acquainted
with the Maori language. The unhappy conse-
quence is that the most friendly of the natives, those
who have for years done everything in their power
to support the Queen's Government, are indignant
at the gross injustice done to Wirimu Kingi ;
and this destruction of confidence in the justice of
the Governor (for they know that over native af-
fairs the Governor is without control) has been fol-
lowed, in consequence of all that has cccurred at
Taranaki, by contempt for our power. This is a
state of opinion as disastrous to the native as to the
settlers, and both parties are now so committed to
the war that the Government cannot, and the na-
tives will not, recede. Even admitting that the
taking of the disputed block of land was an act of
gross spoliation, it cannot be acknowledged as a
valid ground for open rebellion. Thus the Governor
has reduced the Crown to this false position—that
it is compelled to make its power manifest at the
expense of its character for justice.
I must here remind your readers that when, by
the New Zealand Constitution Act, the control of
their local affairs was handed over to the local Legis-
lature, the management and regulation of all that
concerned the natives was reserved to the Governor
alone, subject, of course, to Royal instructions and
Secretary of State's despatches. The Governor,
therefore, is alone responsible for his policy in rela-
tion to the native population, except, of course,
where ho is relieved from responsibility by specific
instructions. I will not stop here to discuss the
wisdom of his policy. It was founded on the hypo-
thesis that the settlers and their representatives
were predisposed to act unjustlytowards the natives,
and that the Governor's exclusive power and autho-
rity were necessary for the protection of the infe-

rior race.
There have undoubtedly always been great ditli-
:allies in dealing with the lands of the tiativeb so as
to avoid getting the Government implicated in old
disputed claims, which are often extremely compli-
cated; and there is no part of New Zealand where
these difficulties hare been so great as at Taranaki,
because the tide of conquest and occupation by the
conquerors has rolled backwards and forwards at
least three several times within the memory of
Europeans. If the Government had adhered to the
rule, which native custom sanctioned, of dealing
with the occupying conquerors and ignoring
the
conquered, who, in most cases, were occupying con-
querors elsewhere, the difficulties would have been