358
THE NEW ZEALAND GAZETTE.
have previously had the honor of stating to Mr.
Secretary Cardwell verbally, that there is nothing in
the Instructions of April 26th to Sir George Grey
that does not represent the views of the Colonial
Government in practically carrying into effect the
policy of confiscation authorized by the Legislature
in the New Zealand Settlements Act.

It is quite true that the language of that Act is
much wider than that of the Instructions, and the
powers given under it are not limited, as they are by
the Instructions. It does not follow, however, be-
cause powers are given, that therefore they must be
exercised. It often happens that an Executive Go-
vernment is by the Legislature armed with powers
which, under certain possible circumstances, may
very properly be exercised, and that confidence is
felt that under different circumstances those powers
will remain unused. This was the case during the
last Session of the Assembly in New Zealand.

To account for the language of the Settlements
Act, and to justify its use, the state of affairs in the
Colony, at the time that Act was passed must be
considered. In consequence of the distance of the
various settlements in New Zealand from each other,
of the comparative difficulty of locomotion, and the
fact that nearly all the members of the Legislature
are actually engaged in business, it is only at great
personal inconvenience that a Session of the Assem-
bly can be held at all, and it is quite impossible,
with short notice, to hold a Session at which such a
number of members can be present as fairly to re-
present the Colony. During the last Session the
Government was anxious to be armed with all the
powers they felt it necessary to have to enable them
to meet any contingency that might arise.

What then was the attitude of the native popula-
tion? At the time the New Zealand Parliament was
in Session a very large portion of the Waikato and
the whole of the Taranaki and Ngatiruanui-tribes
were in a state of rebellion, were actually in arms,
and fighting against the Queen's authority; a con-
siderable number of the Southern tribes in the Pro-
vince of Wellington were, though not in actual
rebellion, in a state of disaffection; large numbers
in every part of New Zealand were waiting on
events; and there can be no doubt, if we had met
with reverses, or if General Cameron had not
achieved a success on the Waikato, many who are
now peaceable would have joined in the rebellion.

Under these circumstances the Government felt
that if they simply specified in the Act the districts
then in open rebellion, and confined the powers of
confiscating territory to such defined districts only,
that soon after the Assembly was prorogued, and
members had gone to their homes, it might become
necessary and right to exercise the power of confisca-
tion most in districts which had not been included
within the defined limits, because the native inhabi-
tants were not in rebellion at the moment the Act
passed.

The Government never had any intention what-
ever of confiscating land in districts about which
there could be any doubt as to the native inhabit-
ants being in a state of rebellion. On my own be-
half, therefore, and that of my colleagues, I can give
to Mr. Cardwell a full assurance that the local Gov-
ernment will cordially co-operate with Sir George
Grey in carrying out that just and temperate policy
towards the native race embodied in the New Zealand
Settlements Act, as limited in its operation by his
Instructions of April 26.

In the concluding part of your letter you state the
views of Her Majesty's Government with respect to
the future relations between the mother country and
the Colony in respect of military expenditure. On
my own part I state, unreservedly, that the pro-
posals which are made have my full concurrence;
and that with respect to the charges for the ex-
penses of the present war, they are made by Her
Majesty's Government in such a spirit of liberality
as cannot fail to command the gratitude of the
people of New Zealand.

I cannot, however, disguise from you the fact, that
I possess no powers from the General Assembly
which will enable me definitely to conclude any
arrangement with Her Majesty's Government in
reference to military expenditure which will not
require confirmation and ratification by the New
Zealand Parliament.

I need, however, hardly point out to you that no
assent of mine, under any circumstances, could
afford to Her Majesty's Government so good a se-
curity as that which they hold in their own hands,
namely, the power of refusing to send troops, except-
ing upon their own terms, or of recalling them if
those terms are not satisfactorily complied with.

I have, &c.,
READER WOOD.

Sir F. Rogers, Bart.,
&c., &c., &c.