THE NEW ZEALAND GAZETTE. 631

W. GISBORNE.

Colonial Secretary's Office,
Wellington, 20th November, 1869.

IT is hereby notified, that the Secretary to the
Central Board of Civil Service Examiners has
reported that the under-mentioned Candidate has
passed his examination under the Civil Service Regu-
lations:-

ANDREW THOMAS MAGINNITY.

W. GISBORNE.

Colonial Secretary's Office,
Wellington, 20th November, 1869.

THE following Despatches, with Enclosures, from
Her Majesty's Principal Secretary of State for
the Colonies, are published for general information.

W. GISBORNE.

Downing Street, 21st August, 1869.

SIR, -I have received your Despatch No. 63, of the
28th of May, transmitting a Memorandum from Mr.
Stafford in which he maintains the correctness of a
statement made in your Despatch No. 100, of the 8th
October, 1868, to the effect that the Government and
Legislature of New Zealand had signified their
acceptance of the conditions on which Lord Carnarvon
offered to leave a regiment in New Zealand.

On the nature of those conditions there is no mis-
understanding or controversy. They may be taken
with sufficient accuracy for the present purpose as
being included in the one stipulation that the grant
of £50,000 per annum for Native purposes should
be continued. These conditions, when offered by
Lord Carnarvon, were refused by the Government of
New Zealand.

The reasons given for the refusal were,* that under
those conditions the Troops "were not to be useful
to the Colony;" that the Colony would not consent
"to agree to conditions or to impose on itself obli-
gations in connection with a force which would
occupy the position of the force of a foreign power,
rather than that of one having interests to guard and
duties to perform common to the Empire of which
New Zealand is a part;" that Lord Carnarvon had
withdrawn from the Governor "all control over the
disposition and movements of the Imperial Troops; "
and that it was not "consistent with constitutional
practice, or for the interests of either race of Her
Majesty's subjects in New Zealand, that the determi-
nation of questions of peace or war, and the power of
fulfilling engagements with the Native race, should
thus virtually be withdrawn and given to an irre-
sponsible officer having no constitutional authority
with respect to such questions, and necessarily
unacquainted with the ever varying disposition of
that portion of the Native race so lately in arms
against Her Majesty's authority."

The terms which it is alleged constitute the subse-
quent acceptance of Lord Carnarvon's offer are as
follows:-

"Resolved, That the removal of the 18th Regi-
ment in the present condition of the Northern
Settlements would tend to increase the excitement

• See Memorandum of Mr. Stafford, 15th March, 1867, in Sir
  George Grey's Despatch No. 30, of 4th April, 1867.

and confidence of the rebellious Maoris, and to
discourage those friendly to Her Majesty's Go-
vernment.

"That the Colony has for many years past con-
stantly fulfilled, and is virtually fulfilling, the
condition on which the retention of an Imperial
regiment in New Zealand was sanctioned in the
Despatch of Lord Carnarvon of 1st December, 1866;
that this House therefore respectfully prays His
Excellency the Governor to take steps for delaying
the departure of the 18th Regiment, until the subject
shall be referred to the Imperial Government."

This Resolution contains the expression of an
opinion, the statement of a fact, and a specific re-
quest.

The Legislature state their opinion that the re-
moval of the 18th Regiment "in the present condition
of the Northern Settlements"-i.e., so long as the
present condition of the Northern Settlements re-
mains what it is-would be mischievous.

This statement must be considered as suggesting
that the regiment should remain in the Colony for
some unspecified period, with reference to the state
of the Northern Island.

The Legislature then allege a fact, namely, that
they have hitherto virtually performed, and are per-
forming, the condition imposed by Lord Carnarvon.
They however omit any pledge to perform the same
condition, either virtually or literally, for the future;
and I observe, by the way, that there is a difference
between a virtual and a literal performance.

Lastly, the Legislature prefers a request, that the
regiment may "therefore" be detained in the
Colony, not for any definite period, not on any
specified terms, but simply "until the subject shall
be referred to the Imperial Government."

The subject so to be referred to the Imperial
Government, so far as it can be collected from the
terms of the Resolution, is the question on what
terms Her Majesty's Government will consent to
retain a regiment in New Zealand until the present
condition of the Northern Island is improved. And
the fact that the New Zealand Government has
hitherto virtually performed the terms required by
Lord Carnarvon is alleged, not as indicative of what
the New Zealand Government is prepared to do, but
as a reason why the removal of the regiment should
be delayed (as I may observe it has in point of fact
been delayed) while the subject is under consideration
in England.

You will see, therefore, that the statements made
by the Duke of Buckingham and Chandos and myself
are correct, and that the New Zealand Legislature
have not proposed that the 18th Regiment should be
retained in the Colony on the conditions offered by
Lord Carnarvon.

I have thought it more respectful to your Advisers
to state the grounds on which I came to a conclusion
the accuracy of which has been questioned by them.
I should otherwise have preferred dropping a contro-
versy which has no longer any practical significance,
particularly at a time when I learn from you the
energy and prudence with which the Colony is dealing
with the present emergency.

The determination of Her Majesty's Government
to adhere to the policy adopted by them does not in
any degree lessen the warm interest and sympathy
with which they observe the course of affairs at this
critical period of the history of New Zealand.

I have, &c.,
GRANVILLE.

Governor Sir G. F. Bowen, G.C.M.G.

Downing Street, 8th September, 1869.

SIR, -I have received a copy of a letter purporting
to be addressed, on behalf of a Committee appointed