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

THE SUN, LONDON, WEDNESDAY EVENING, NOVEMBER 14, 1860.

LONDON AND COUNTY BANKING
COMPANY.
NOTICE IS HEREBY GIVEN, That the Directors of this
Company have this day Opened a BRANCH BANK at their
temporary premises, No. 79, Shoreditch.
By order.
WM. M`KEWAN, General Manager.
London, Oct. 31, 1860.

with the pien-i-Bing-sz powers, in the Imperial
decree which we never doubted they had received.
Hang-ki then said that they had not received any
other decreo 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-
-hin- 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-Fah, who was at
his own residence, but as Tsung•haa 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. Ho 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. arid 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.

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

The undersigned, Earl of Elgin, &c,, has the
honour t© 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 1
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 ofl
which alone induced the undersigned to regard I
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-
3ity 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.

(Inclosuro 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 Hangki, 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, 1860.
Translated by
(Signed) THOMAS WADE, Chinese 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, K wei-
liang, Hang-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.
Tien-tsin, Sept. 8, 1860.

(Inclosure 5 in the Earl of Elgin's despatch of the
Bth of September, 1860.)
Tien-tsin, Sept. 8, 1860.
Sir,—l 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 them 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.

711 E WAR IN NEW ZE.dLIND.

(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 striet instructions from the Go-
vernor, Colonel Gore 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 electives, 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 blancie 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,l 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 advices 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 intrenchment 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 been successful, though kept in check by
1 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
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 occurred 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 he is relieved from responsibility by specific
instructions. I will not stop hero 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 diffi-
culties in dealing with the lands of the natives so as
to avoid getting the Government implicated in old
disputed claims, which are often extremelyeowmhpelrie-
eated ; and there is no part of Now Zealand
these difficulties have been so great as at Taranaki,
because the tide of conquest and occupation
fpatoirvoNanbryds atthe
conquerors has rolled backwards
least three several timeswithihnadtlaiedhmereemdotroythoef
Europeans. If the Government
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

p RICE 4D. STAMPED, 51).

fewer. But the conquered were allowed to re-
acquire new rights. The present war,
occupy and td
however, does
not turn on the old dispute settled
,
ioner Spain's award, and reopened
by Mr. Commiss
roy in 1844, or at least only in-
by Governor Fitz.
directly
directly and. remo.telY• It arose out of the pur-
chase of a block of .600 acres, on the left bank of
a chief named Teira, to which
the Waitara River, o.:P'
;superior chief of the Hapu,
Wirimu Kingi, as the
or sub-tribe, to which he belongs—a branch of the
Nffa-ti-awa—bas what we should call a paramount
title. This species ot title, whether wisely or nn-
wisely is of little or ncr consequenee here, has been
recognised by the Governor in many ,dealings with
the natives for their lands. It was laid down, as
the rule by which the Government would be bound,
" that the tribal rights should ho recognised, and
that individual claims to occupy should be diere-
garded." On the whole, I am inclined to think
this rule was a just one. The title to the land it-
self is in the tribe, i.e., tribal, as the rule calls it—
quasi national, as we may explain it. The indi-
viduals of the tribe have only a right to occupy
for cultivation, and when they have taken what
the land will yield, their right ceases to be of any
value. But the tribal right remains. Now, in
dealing with Teira the Governor has departed
from his own rule, and this not without the fullest
warning, not only from Wirimu Kingi him-
self, but from a great namber of disinte-
rested and friendly chiefs of the Nga-ti-awa, in-
cluding our noble old friend E. Funi, who is in-
capable of any misstatement, and RI whai Te Ahu,
who is an ordained deacon of the Church of England.
Teira's right, if any, is simply a right tcr ,occupy a
small portion, I believe about 1-60th part, .of the
rock which in the native language is named ." To
Porepore," of which the tribal title is in W. Kingi,
while the individual claims of himself and family' ,
are far larger than Teira's. Riwhai Te Ahu has
written a long letter to the Superintendent of Wel-
lington, Dr. Featherston, asserting and establishing
W. Kingi's claim, and consequently the invalidity
of the Governor's purchase and the injustice of the
war. This is confirmed by another letter, signed
by four other chiefs well known to the settlers of
Wellington. These matters have been brought be-
fore the Assembly by Dr. Featherston in a speech
which seems to me unanswerable, and his views
are entertained by many of the more influential
settlers. This does not bear out the Downing-street
hypothesis to which I have already alluded.
I now come to the question which is really one of
paramount importance in tracing this miserable
war to its source. The cause of quarrel is, no
doubt, the block of laud known by the natives as
"Te Porepore." But who converted this quarrel
into a war ? I say, without hesitation, Col. Gore
Browne, and I proceed to the proof. There can be
no doubt that, upon learning the Government had
taken possession of the disputed block, Wirimu
Kingi assumed a hostile aspect. He entered upon
the land, which he asserted was his. I venture to say
that no black-letter lawyer could have tortured this
into a " forcible entry" with " strong hand" under
the statutes of Richard 11. and Henry VI. He
found the door open and he walked in. When
quietly in he fortified his pah and evinced a warlike
intention ; but it was an intention only. Ido not
doubt that Kingi meant fighting, and nothing else;
but he had not gone beyond showing that he in•
tended to keep possession. There was not oven the
black-letter man's " forcible detainer" after a
" peaceable, but illegal entry." At this point the
matter was clearly open to adjustment. There were
plenty of " mutual friends" who at that time would
have stepped in to prevent collision—E. Puni, Te
Ahu, E. Take, Archdeacon Hadfield, Featherston,
the Superintendent, and Whitely, the Wesleyan
missionary. Suddenly, the very door to negotia-
tion was closed with a bang, by what was in-
tended as a declaration of martial law, but which
was really a declaration of war. Here let me ob-
serve, by way of preface, that the Governor has
been ill advised as to his own power to proclaim
martial law. The Governor has no powers but such
as are imparted to him by his commission and power
to proclaim and exercise martial law is not among
them. The Queen herself has no such power, and
therefore could not impart it to her Governor. Yet
in the face of the Petition of Right, the Annual
Mutiny Act, and other statutes—in the face, also,
of numerous decisions, one of which cost a Governor
£lO,OOO and costs, and another cost another Go-
vernor (Wale) his life—this Governor Browne has
been guilty of a double usurpation by proclaiming,
or intending to proclaim, martial law. But now let
us read its terms. The proclamation was, of course,
published in the Maori language, and the literal
translation of the Maori version is as follows :
" By the Governor, &e.

" Because soon will be commenced the work of the sol-
diers of the Queen against the natives of Taranaki, who
are haughty (rebellious), fighting against the authority of
to Queen. Now I, the Governor, do openly proclaim and
publish this word, that the flohting law will extend at this
time to Taranaki as a fixed law, until the Vme when it shall
be revoked by proclamation.
" Given by my hand under the Great Seal, &c.,
" Tnoxs.S GORE BROWNE."

Now, this proclamation is not directed solely
against Kingi's party in arms at Waitara, but is ex-

tended to all the natives at Taranaki who are
alleged to be fighting against the Queen, although
at the time (Jan. 27, 1860) not only had no fighting
taken place, but no open act of rebellion had been
committed. As the natives would read it—as any-
one might read it, the proclamation was against the
Ngatiruanui and the Taranaki tribes who had not
joined Kingi, as against Kingi's Ngatiawa. It can-
not be wondered at that the tribes who were de-
nounced as rebels fighting against the Queen (an
undoubted falsehood) should at once make common
cause with Wirimu Kingi. Denounced as rebels
they had nothing to lose and much to gain by be-
coming rebels.
Having thus wantonly provoked this wretched
war the Governor seems to have appeased his con-
science by declining to carry it on with vigour.
General Pratt is reported to have declared that
Colonel Gold, so loudly condemned for inactivity,
was justified by the Governor's instructions, and
could not have acted otherwise than he did. Well
might Mr. Superintendent Featherston say
:that the
" While honestly and conscientiously
war is an unjust and unholy war, I cannot but nfegel that we
are placed in a most while,
painful position ; for on the ono
on the war
hand, any retreat or any vacillation in carrying uile'
might be most disastrous to both races,itis, on the other
hand, most shocking to urge that w
shed-
ding blood in a cause which we eshould go on
believe to be unjust. I
cannot but express an earnest hope that we may be able to
devise some means of bringingthtehecocwnriloictntoorathcleossafe wietytho-f
out compromising the dignity of
both races. I would remind you that,
c as the natives have
not in this house any representatives oftettheir m
their
interests—to
For race, we are
bound by a sense of justice to p
mete out equal justice.
higher duty that can possibly y o protect
part, I know of no
devolve upon this house than
to prove to the natives that it is a tribunal to which an t ap-
peal for redress will never be made in vain. I can conceive
no means more calculated to restore the confidence of the
natives in the justice of the Government, which has been
so entirely destroyed by these transactions, as a determina-
tion evinced by this house to protect them from acts of in-
justice, no matter how high the power by which they are
perpetrated. Such, I repeat, is the most sacred duty which
can devolve on this house."
There are petitions for the Governor's recall—
one from friendly natives at and near Olaki and
Waikanae. The Governor has charged Archdeacon
Hadfield with originating this petition. This Mr.
Hadfield has denied, and I think a man of his high
character might have stopped there ; but he has
thought fit to go further. He has sifted the whole
evidence, and has shown upon what scanty sur-
mises the Governor has thought fit to make a grave
charge against a dignified clergyman of the church.
In fact, Bishop Selwyn, Sir William Martin (late
Chief Justice), and Archdeacon Hadfield have done
no more than protest to the Governor himself
against an act of spoliation which is the sole muse
of this unhappy war.
The innocent victims are the peaceful sett