While awaiting the measure which your Lordship has recently announced an intention of resuming for the parliamentary regulation of the intercourse between British subjects and New Zealand, it may be proper to lay before His Majesty's Government whatever information I am able to procure upon this difficult question.

With this view, having lately had occasion, in consequence of a war breaking out between two tribes near the Bay of Islands, to request Captain Hobson, commanding His Majesty's ship "Rattlesnake," an experienced and judicious officer, to repair to New Zealand to afford to British subjects resident there and to British shipping such protection as might be required, I proposed to him to make known to me on his return the opinions which his observation whilst there might lead him to form upon the present state of New Zealand, and the means of securing, with the least possible overt interference, the common interests of the Natives and of the British settled amongst them. This request has been complied with in the letter of which a copy is transmitted, and which appears to me to contain suggestions of great value. Captain Hobson proposes the introduction of commercial establishments, confined within certain limits, upon a plan resembling the factories of the early trading companies resorting from Europe to India, and within which limits resident British subjects shall be placed under the protection and obligation of their own laws; premising, as an inflexible condition that nothing whatever be established on the part of the British Government which is not cheerfully conceded on terms of clear mutual interest by the Natives. The details of the proposed measure may be varied to suit whatever circumstances may arise; and this without giving any reasonable cause for jealousy on the part of the other States, or exciting alarm in the breasts of those philanthropists who so creditably and powerfully advocate the rights of the aborigines all over the world. It is neither possible nor desirable to put a stop to the growing intercourse between the English colonies in those seas and New Zealand, the extent of which will appear by the accompanying return. If the British Resident were withdrawn, which I represented in a former despatch to be au alternative preferable to his being left there without adopting some further measures to secure the professed objects of his appointment, the public might indeed be warned that the trade of New Zealand was to be carried on at their own hazard; but it would be difficult for His Majesty or for this Government to act for any length of time upon the stern principle of non interference, if the lives or property of British subjects appeared to be in jeopardy. Any plan, therefore, by which intercourse may be sufficiently regulated, and usurpation, real or apparent, avoided,—providing at the same time for its support without drawing upon the revenues of this colony,—is well worthy of serious consideration. I confess that I am unable to submit a better arrangement than this, which Captain Hobson has proposed, and therefore beg to recommend his letter to your Lordship's attention.

With Captain Hobson's report I have the honour to transmit the copy of a letter received by his hands from the Resident, Mr. Busby, describing at considerable length the present condition and character of the New Zealanders, and the manner in which they are affected by the intercourse of Europeans. This letter contains suggestions for the future proceedings of Great Britain towards New Zealand, which are not without value, but which would probably be found difficult to reconcile with some of the peculiar circumstances affecting the matter under consideration. Mr. Busby recommends that Great Britain should undertake the protection of New Zealand, and for this purpose should maintain British troops on the islands; but, though this undertaking should be commenced with the greatest good-faith and purest intentions, it would be open to misinterpretation, and in a remote country, where it is hardly to be expected the law would be very efficiently administered, it might be eventually perverted by British subjects to selfish purposes.

A part of Mr. Busby's letter being taken up in the description of the Native war to which I have alluded, and which alarmed him for the safety of the European inhabitants, I am happy to be able to show, by the copy of a letter since received from him, that peace is now restored. Your Lordship will perceive with pleasure that it has (I believe for the first time in New Zealand) been effected without the loss of human life by way of retaliation, or as the price of accommodation: a piece of land being accepted in compensation of an aggression which had caused the death of a woman belonging to one of the belligerent tribes.

I take the present opportunity of stating that the Baron de Thierry, who was mentioned in your Lordship's despatch of the 26th August last, is at present in Sydney, where he arrived on his way to New Zealand to seek possession of a large tract of property which he claims to have acquired by purchase. He has complained to me that the spars for the use of the navy, to be furnished to His Majesty's ship "Buffalo," now proceeding hence to New Zealand, are cut on his land; but I have, declined interfering in any way in the matter. Nor have I considered it my duty to interpose any obstacle to his proceeding to New Zealand, of which country he claims to be a chief by right of his purchases. He denies all intention of prejudicing the interest of Great Britain, and professes a reliance upon moral influence alone for the authority he expects to acquire among the New Zealanders.

I have the honour to acquaint you that His Majesty's ship "Rattlesnake" in her late cruise page 11visited the Bay of Islands and several other ports on the eastern coast of. New Zealand, and in Cook Straits.

It affords me great satisfaction to assure your Excellency that the European settlersat the Bay of Islands repose the most entire confidence in the friendly disposition of the Natives, notwithstanding the existence of war between the two tribes settled in their immediate neighbourhood. I am aware that the British Resident is not free from apprehension; but from the intercourse I maintained with the Missionaries, and all other classes of British subjects, I am free to assert that he stands alone in the opinion he has formed.

Tribal War at the Bay of Islands.

The war between the Bay of Island tribes under Pomare and Titore is the only one now prevailing in New Zealand, notwithstanding that many of the auxiliaries enlisted under the rival chiefs have come from considerable distances in every direction; but this does not appear to disturb the harmony of those who remain behind in their pas, although the nearest neighbours are engaged on opposite sides.

Reverting to the position in which our countrymen stand in regard to these factions, it is a remarkable fact, and worthy of imitation by more civilized Powers, that the hostile forces have repeatedly passed through the very enclosures of the Missionaries at Paihia, on their way to and from the field of battle, without molesting a single article belonging to the whites and in one instance the two parties, by mutual consent, removed the scene of action to a greater distance from our settlements, lest a white man should by accident be injured. How long this feeling may continue, it is impossible to say. I only know that those who have everything at stake—their lives, their families and their properties—entertain not the slightest apprehension of any change.

I heartily wish I could report as favourably of their situation with respect to the abandoned ruffians from our own country who have, from time to time, found their way to the Bay of Islands. From these, indeed, there is much to be dreaded. An instance of a most daring burglary occurred in my absence on the East Coast, in which a British settler was extensively robbed, his life attempted, and the females of his family most brutally treated. I am happy to say, two out of four of the perpetrators of this outrage have been apprehended and banished by the Natives, and were brought to Sydney in this ship. I sincerely hope the 9th of George the Fourth will be found applicable to their case, and that they may be made an example to many of a similar character who remain behind to disgrace our nation even in the eyes of savages.

In our cruise on the eastern coasts I visited Puriri and Waikaitewa, on the Thames, the Island of Waiheke, at its entrance, and Cloudy Bay, in Cook Straits. I intended to have called at Entry Island and Mana, where a Mr. Bell has settled, but the boisterous state of the weather prevented any anchoring. I stood close in to both islands, and feel convinced that the very appearance of a man-of-war in that quarter will have considerable weight, from the terror in which we are held by the Natives in consequence of the severe chastisement inflicted on them by the "Alligator," and the detachment of H.M. 50th Regiment, in 1835; and, for the same reason, I have no doubt but our visit to the Thames will also be productive of benefit, for there the Natives are in a more primitive state than at the Bay of Islands, and when engaged in war have not always been so scrupulous about the property of British subjects, although in no instance has any violence been done to their persons. I will suggest to the officer who may succeed me on this station to open a further intercourse with the Natives on the Thames, which will soon place our settlers there in a state of as perfect security as in any part of the Island.

On the northern shores of Cook Straits a most powerful tribe of Natives have collected, under the celebrated warrior Rauparaha, but it does not appear they have in view any warlike object: indeed, if they had, our countrymen, with the exception of Mr. Bell and his small party on the islands, would have but little to fear, for the only other places to which the whites resort are Cloudy Bay and Queen Charlotte Sound, where they are so numerous, and so confederate by their pursuits (which are exclusively whale-fishing), that no tribe of Natives whatsoever dare molest them. The only danger they have to apprehend is from themselves, and that is in a great measure neutralized by the counteracting influence of their own reckless and desperate character.

The quarrel between the Bay of Island tribes is supposed, by the best-informed, to be in a fair train for adjustment. When we sailed, the loss sustained by the conflicting parties was more nearly on a par, not from the numbers slain, but from the possession acquired by the Ngapuhis (as Titore's people are called) of the dead body of a chief of the opposite party, on whom atonement was made for an insult that was offered to two of their chiefs, who had been killed in battle and found by the enemy. There are other causes too that, it is hoped, will lead to pacification. Nene, a powerful chief from Hokianga, who has embraced Christianity, has brought his tribe across the island with the full determination to compel the contending parties to make peace; and, as he is known to possess both courage and power to turn the scale on either side, his mediation is not likely to be slighted. The scarcity of provisions and the necessity for agriculture will also operate favourably towards the same object. On the other hand, the excellent chief Titore is dead, and his people are under the direction of a perfect savage, who thirsts for war; and Pomare, the head of the opposite tribe, is likewise a violent fellow, who claims a right to the land of Kororareka, which was once his, but was ceded to Titore at the peace of 1830. The gentlemen of the Mission maintain a constant intercourse between the parties, and are received by both with the greatest respect. Their efforts to promote peace are unremitting, and of late they have felt confident of eventual success.

Social Condition of the New Zealanders.

In reporting to your Excellency my views and observations on the social, condition of the New Zealanders, I cannot repress a feeling of deep regret that so fine and intelligent a race of human beings should, in the present state of general civilization, be found in barbarism; for there is not on earth a people more susceptible of high intellectual attainments, or more capable of becoming a useful and industrious race under a wise Government. At present, notwithstanding their formal declaration page 12of independence, they have not, in fact, any government whatsoever nor could a meeting of the chiefs who profess to be the heads of the United Tribes take place at any time without danger of bloodshed. How, then can it be expected that laws will be framed for the dispensation of justice or the preservation of peace and good order, even if Native judgment were sufficiently matured to enact such laws or to carry them into execution?

Whilst the disunited state of the tribes, and their jealousy of each other, render it impossible to enact or execute laws, it also lays them open to the designs of turbulent individuals, and destroys all confidence in the permanency of the peace.

That their wars, which are fast depopulating their beautiful country, may sooner or later be extended to our countrymen, is a circumstance that it would be the height of rashness to doubt; and as British subjects are fast accumulating, and areevery day acquiring considerable possessions of land, it must become a subject of deep solicitude with the British Government to devise some practicable mode of protecting them from violence, and of restraining them from aggression.

Heretofore the great and powerful moral influence of the Missionaries has done much to check the natural turbulence of the Native population; but the dissolute conduct of the lower orders of our countrymen not only tends to diminish that holy influence, but to provoke the resentment of the Natives, which, if once excited, would produce the most disastrous consequences. It becomes, therefore, a solemn duty, both in justice to the better classes of our fellow-subjects and to the Natives themselves, to apply a remedy for the growing evil.

Establishment of British Factories desirable.

It has occurred to me that if factories were established at the Bay of Islands, at Cloudy Bay and Hokianga, and in other places, as the occupation by British subjects proceeds, a sufficient restraint could be constitutionally imposed on the licentious whites, without exciting the jealousy of the New Zealanders, or of any other Power.

I will not presume to enter too deeply into the details of such a measure, but beg simply to suggest that sections of land be purchased, enclosed, and placed within the influence of British jurisdiction, as dependencies of this colony.

The heads of factories should be magistrates, and the chief factor should, in addition, be accredited to the united chiefs of New Zealand as a political agent and consul. All communications with the British Government should take place through the chief factor, with whom alone the local factors should correspond.

All British subjects should be required to register themselves and their landed property at the factories.

Two or more of the most respectable British residents nearest to each station should hold Commissions of the Peace to assist the factors.

Prisons should be constructed within the factories, and legally proclaimed in the colony.

A treaty should be concluded with the New Zealand chiefs for the recognition of British factories, and the protection of British subjects and property.

To meet the expenses which the establishment of a system of factories upon the principle I have mentioned would necessarily entail, funds might be obtained from a variety of sources, such as a small fee on the registration of the purchase of land from the Natives, on the entry and clearance of British shipping, and a small percentage on goods and produce imported and exported. The greater security which would result from this system would, it is conceived, readily dispose the British subjects resident in New Zealand to conform to such an impost.

I am aware of the necessity of a British Act of Parliament to give effect to the whole system, to impart to the colonial Courts of New South Wales, more perfectly than at present, jurisdiction over offences committed by British subjects in New Zealand, and to the colonial Legislature to enact such laws in respect thereof as the more complete local knowledge of the country might from time to time suggest.

The benefit that may be supposed to result from the establishment of factories in New Zealand is not confined to the mere legal protection they are calculated to afford but we may hope they will be the means of introducing amongst the Natives a system of civil government which may hereafter be adopted and enlarged upon. Nor is it to be overlooked that in times of intestine war they will afford a safe retreat to our fellow-countrymen, who will become powerful by concentration.

I trust the imperfection of the foregoing details may not be allowed to militate against the measure I have the honour to suggest, but, if the principle be approved, that it may be modified and arranged by abler hands, so as to adapt it to the exigency of the case.

I have the honour to acknowledge the receipt of your despatch of the 16th ultimo, which was delivered to me on the 27th of the same month by Captain Hobson, of His Majesty's ship "Rattlesnake."

On the Tribal War at the Bay of Islands.

By my letter of the 4th ultimo, No. 111, His Excellency Sir Richard Bourke would perceive that the fears I had formerly expressed, that war was about to break out in this immediate neighbourhood had been realized but that, contrary to all expectation, the conduct of the Natives towards the British settlers had been, on the whole, most exemplary. I am happy to add that it has so continued up to the arrival of the "Rattlesnake," page 13Under circumstances so favourable, an attempt was made by Captain Hobson, accompanied by a party of Missionaries and myself, to mediate between the contending parties, but without effect. The chiefs on Pomare's side, whom I formerly represented as being unfriendly to Pomare's procedure, although in a manner constrained to take part with him, were most favourable to the proposition, and requested that one or two persons, whom they named, of the opposite party should meet them to adjust the preliminaries; but Pomare himself turned a deaf ear to every argument that could be urged.

The overtures of the well-disposed chiefs were nevertheless delivered, but they were received by the Ngapuhis in the moat unfriendly spirit; and, on its being too evident that all attempts at mediation were fruitless, Captain Hobson concluded by cautioning them as to their conduct to British subjects, assuring them that if any violence should be offered by either party to these it would then become his duty to take satisfaction, and that he would do it effectually.

Since the date of my last despatch the war canoes have been almost every day in motion; but there have been only two encounters of the parties worthy of notice. In these two affairs thirty persons were killed The Ngapuhis have lost another chief of the first rank, and in other respects have been the severest sufferers from the commencement of hostilities. The injury for which they took up arms has consequently been aggravated by every attempt to obtain reparation.

A fact has also come to my knowledge which gives a greater colour of truth to Pomare's original accusation than any circumstance of which I was previously aware, namely, that the woman, of whom it was alleged that she had been murdered and eaten on being landed from the ship, had formerly been the wife of the person who was charged with her murder. It was, in former times, a very common case for a chief to put to death any of his wives who had deserted or been unfaithful to him.

But, whatever may have been the real circumstances or motives which originated the present war, there is not the least probability of its being speedily brought to a termination. Pomare's party appear confident in the strength of their position, and the Ngapuhis are evidently actuated by the most irritated and vindictive feelings; and there seems no reason to doubt that they will speedily be joined by the powerful Tribe of Rarawa, from the more northerly parts of the island. Under these circumstances, although the visit of His Majesty's ship "Rattlesnake" at this juncture is peculiarly important, as making it appear to the Natives that a vigilant guardianship is maintained over His Majesty's subjects who are settled here, and that assistance is never at a great distance, should it be required, yet it is impossible to look at the continuance of this contest without the most serious alarm.

Titore, who was the most influential of the Ngapuhi chiefs in preserving order in the Town of Kororareka, where the Natives and British are mingled in the greatest numbers, died a few days ago; and in several instances already I have heard that the loss of his influence has been felt to the detriment of the British inhabitants. Whatever influence the other chiefs possess will also be weakened when their provisions become exhausted and, as little or no cultivation will be attempted while things remain in their present position, it may naturally be expected that the Natives will become reckless in proportion to their want of the means of subsistence.

Under these circumstances, His Excellency will be prepared for my entire concurrence in his opinion that any additional expenditure, with the view of giving increased efficiency to my office as at present constituted, would be altogether fruitless; nor would the Act of Parliament to which His Excellency refers, if the powers it was intended to impart should be limited to the controlling of British subjects, be of much service in the state to which the affairs of this country have arrived. What is wanted is a paramount authority supported by a force adequate to secure the efficiency of its measures.

Without the establishment of such an authority by some civilized State, I cannot, after a full consideration of every circumstance connected with the actual condition of this people, see the least prospect of any permanent peace being established amongst them whilst there remains a stronger man to murder his weaker neighbour. There are few persons so insignificant as not to have it in their power at any time to plunge the country into war. The crime of an individual involves his most distant connections, as each of them is a legitimate object of retaliation to the connections of the injured party. It is in vain to represent to them that the criminal alone should suffer: their answer is ready, and it is perfectly consistent with the dictates of natural justice, namely, that his tribe will not surrender him to suffer for his crime, and by standing up in his defence they have become participators in it while, on the other hand, provided the criminal be not a slave, his connections are never without a grievance more or less ancient, which they bring forward as a justification of his crime. Thus, by every attempt to administer the law of retaliation—the rude justice of nature—the breach is made wider. New deaths involve more distant connections; tribe after tribe becomes a party to the contest; and peace, or rather an intermission of murders, can only be procured when one of the parties becomes too weak to continue the contest, or when the loss on both sides happens to be so nearly balanced that neither party has an advantage over the other.

In this way has the depopulation of the country been going on, till district after district has become void of its inhabitants, and the population is, even now, but a remnant of what it was in the memory of some European residents.

Rapid Decrease of the Maori Population.

It would, in relation to the subject on which I intend to enter in this despatch, be an interesting and important question, did there exist means of bringing it to a satisfactory solution, how far, this depopulation of the country, which has at least been rapid in proportion to the increase of its intercourse with the whites, was originated by the latter and may justly be chargeable to them. My own opinion is that all the apparent causes which are in operation are quite inadequate to account for the rapid disappearance of the people.

The introduction of firearms is alleged as one cause, but there seems good reason to doubt whether their wars were less sanguinary before firearms were introduced. The use of intoxicating liquors and tobacco are less questionable evils and, though their direct influence cannot, I think, be stated as at all remarkable, they are, in all probability, the original causes of diseases with which their immediate connection is not apparent.

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Venereal diseases are another means of undermining the constitution of the multitudes who, in one shape or other, are subjected to them; and, besides these sources of disease and death, the abuse of the females who are sent by their masters or relations on board ships, and the murder of the fruits of this intercourse, which is believed by those likely to be best-informed to be of frequent occurrence, are undoubtedly powerful checks to increase, and ought to be largely allowed for in estimating the causes which are in operation for the depopulation of the country. But, on the other hand, it must not be lost sight of that the mortality has not been confined to those who have been the victims of violence, or who have been exposed to the effects of vices or diseases of foreign origin. Disease and death prevail even amongst those natives who, by their adherence to the Missionaries, have received only benefits from English connections; and even the very children who are reared under the care of Missionaries are swept off in a ratio which promises, at no very distant period, to leave the country destitute of a single aboriginal inhabitant.

The Natives are perfectly sensible of this decrease; and when they contrast their own condition with that of the English families,. amongst whom the marriages have been prolific in a very extraordinary degree of a most healthy progeny, they conclude that the God of the English is removing the aboriginal inhabitants to make room for them; and it appears to me that this impression has produced amongst them a very general recklessness and indifference to life.