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A compendium of official documents relative to native affairs in the South Island, Volume One.

[No. 5.]

No. 5.

His Honor M. Richmond, Superintendent, to His Excellency the Governor, &c., Auckland.

Wellington, 23rd May, 1844.

Sir,—

By the accompanying documents which I do myself the honor to forward, your Excellency will learn the reason of Mr. Symond's return to Wellington from New Munster, to which place I reported he had proceeded on the 2nd ultimo.

After transmitting the correspondence which passed between him and Mr. Tuckett to the Principal Agent of the New Zealand Company, and finding he had commissioned his brother, Mr. Daniel Wakefield, to proceed to the Middle Island prepared with funds to effect the acquisition of land for the Company, I directed Mr. Symonds to return with him by the schooner "Scotia," which sailed on the 21st inst., in order that every facility might be afforded in the negotiations for the purchase.

From the tone of the letter I received from the Company's Principal Agent, I was apprehensive that in his communications with Mr. Tuckett he might not have expressed himself in sufficiently strong terms on the impropriety of his proceedings so as to prevent a repetition of them; and it having like-wise come to my knowledge that an influential chief in the South had written to another, assenting to the sale of the land, but at the same time remarking, "that if the Pakehas did not make all straight, they had only to repeat the scene of the Wairau," I considered that Mr. Symonds should be furnished with more stringent directions to enable him at once to put a stop to any measure which he conceived was likely to bring on a collision with the aborigines, or create any serious misunderstanding between them and our countrymen.

A copy of these instructions I herewith enclose.

Previous to Mr. Symond's and Mr. D. Wakefield's departure, they had several interviews at my house, when I courted their putting any question to each or to me upon points on which either entertained the slighest doubt; and from the manner in which both appeared to understand the business, and the correct sense Mr. Wakefield seemed to take of Mr. Tuckett's conduct, I do not contemplate there will be any further misunderstanding or delay.

In relation to the new settlement, when the choice of sections are being made, it will be necessary to have an officer on the spot to select reserves for the Government and Natives; for this duty (should I not be previously instructed by your Excellency) it is my intention to appoint Mr. Symonds, whose local knowledge and experience as a surveyor qualifies him for the service.

I shall endeavour to furnish him with a list of what is required, in the event of my not learning in time what reserves your Excellency may consider necessary.

I have, &c.,

M. Richmond,
Superintendent.

His Excellency the Governor, Auckland.

Enclosure 1 in No. 5.
Mr. J J Symonds, P.M., to His Honor the Superintendent, Wellington.

Wellington, 1st May, 1844.

Sir,—

I have the honor to report to You my arrival in this place, having been compelled, by the following unforeseen circumstances, to withdraw from the expedition for the purchase of a site for the settlement of New Edinburgh, viz.:—1st. Because the Agent of the New Zealand Company for New Edinburgh has proceeded to survey lands and roadsteads contrary to your instructions to me on this head, dated 2nd April, 1844, alleging as an excuse for so doing, his having obtained permission from the proprietors, both European and aboriginal. As the principal chiefs to whom this district partly belongs wore absent at Port Levy, and no permission to survey was granted by them to Mr. Tuckett, while he was at Port Cooper, I considered the sanction of the aboriginal proprietors had not been obtained. Mr. Jones, who is the greatest landed proprietor in this district, did grant permission to Mr. Barnicoat to survey Waikowaite; but this gentleman did not think proper to inform me of the circumstance, although he led Mr. Tuckett to understand that he had fulfilled his instructions on this head. It was by unintentionally overhearing two of Mr. Tuckett's assistants forming plans for the commencement of the survey in question that I was led to conceive their intentions, and was then informed that Mr. Tuckett had left instructions with them to survey Waikowaite, during his absence. Not having informed me of any such arrangements previous to his departure, as I considered your instructions most positive on this point, I recommended these gentlemen, in the mildest terms, to abstain and await the arrival of Mr. Tuckett, who on his return transmitted me the enclosed communication (No. 1), a copy of which I have now the honor to forward for your inspection. 2nd. As the instructions of His Excellency the Governor to me were to superintend and assist in the purchase of a portion of land for the settlement of New Edinburgh, I was led to understand, previous to page 98my departure from this place, by a letter from the New Zealand Company's Principal Agent, a copy of which I had the honor to place before you, that Mr. Tuckett was empowered by him to effect this purchase, and had the means of so doing.

I subsequently ascertained that it was his intention to remunerate the aborigines for their land, partly in goods and partly by a cheque drawn on the Principal Agent of the New Zealand Company. I did not consider the latter mode of payment satisfactory, the aborigines not comprehending the nature of such.

I beg leave to add, in conclusion, that although Mr. Tuckott disclaims in his letter No. 2, (a copy of which I also have the honor to enclose) having expressed any intention of acting in opposition to any of your wishes, he informed me, "that he had no idea of being trammelled by any instructions I might have received on this subject, more especially as they were opposed to the object of his present expedition." And he furthermore stated, as you will perceive by the enclosed communication, that it was his indispensable duty to give his assistants similar instructions in reference to the port of Otago, and all other ports which he might subsequently visit.

Considering this mode of proceeding in direct opposition to the tenor of your instructions, which were peremptory, on this head, I conceived myself bound to withdraw from the expedition, and avail myself of the opportunity which fortunately offered itself at that moment to ascertain your further instructions on these important points.

I have, &c.,

John Jermyn Symonds, P.M.,

His Honor the Superintendent, Wellington.

Enclosure 2 in No. 5.
Mr. F. Tuckett to Mr. J. J. Symonds, Police Magistrate.

"Deborah," off Waikawaite, 22nd April, 1844.

Sir,—

Mr. Barnicoat not having complied with my instructions in reference to, effecting a survey of this roadstead, and alleging, as the ground of such omission, your interference and. disapprobation (notwithstanding that he had urged that he was assured by Mr. Jones that such proceeding would be perfectly satisfactory to the aboriginal inhabitants and himself), I have to request you will furnish me with the name of any proprietor or proprietors of land at Waikawaite on whose behalf you may. have acted in thus frustrating one of the objects of my present enterprise.

I have, &c.,

Frederick Tuckett.

J. J. Symonds, Esq.

Enclosure 3 in No. 5.
Mr. J. J. Symonds, P.M., to the Agent of the New Zealand Company for New Edinburgh.

"Deborah," off Waikawaite, 22nd April, 1844.

Sir,—

In answer to you letter of the 22nd April, in which you request that I will furnish you with the name of any proprietor or proprietors of land at Waikawaite on whose behalf I may have acted in thus prohibiting one of the objects of your present enterprise, I have the honor to enclose, for your information, a copy of a letter from His Honor the Superintendent of the Southern District, in which you will observe that it is clearly defined that no survey is to be proceeded with by the Agent of the New Zealand Company, or any one employed by him, until I am clearly satisfied that the land has been alienated by the aborigines, and purchased by him on behalf of the Company.

I have, &c.,

John Jermyn Symonds.

The Agent of N.Z. Company for New Edinburgh.

Enclosure 4 in No. 5.
Mr J. J. Symonds, P.M., to the Agent of the New Zealand Company, for New Edinburgh.

"Deborah," off Waikawaite, 22nd April, 1844.

Sir,—

Understanding from your verbal communication of this morning that you do not feel yourself bound to acquiesce with the wishes of His Honor the Superintendent of the Southern District, respecting the survey of land not alienated by the aborigines, and observing that you are about to commence a survey of the Waikowaite, in direct opposition to instructions I have received from him on this subject, I have the honor to inform you that I cannot sanction, by my presence, proceedings so opposed to the wishes of the Government.

I have, &c.,

John Jermyn Symonds, P.M.

The Agent N.Z. Company for New Edinburgh.

Enclosure 5 in No. 5.
Mr. F. Tuckett, Agent, New Zealand Company, to Mr. J. J. Symonds, P.M.

Off Waikawaite, 22nd April, 1844.

Sir,—

In reply to your second letter of the 22nd instant, I beg to state that I disclaim having expressed any intention of acting in opposition to the wishes of His Honor the Superintendent of the Southern District, or of causing any survey of lands to be made here, or elsewhere, prior to the acquisition of such lands by purchase. Mr. Barnicoat was instructed by me to ask permission of the most competent and influential proprietor here to make a survey of this port and roadstead, and to acquaint you, in the event of his obtaining such permission, and then to execute such a survey.

He assures me that he strictly fulfilled these instructions, but that he was deterred from proceeding to execute a survey by your expression of unqualified disapprobation of such proceedings, page 99and your avowed determination to withdraw from this expedition (for the selection and acquisition of a district for the future settlement of New Edinburgh) in the event of his proceeding, to execute the survey already referred to.

As it will be my indispensable duty to give him similar instruction reference to the port of Otago, and all other ports which I may successively visit in prosecution of the objects of my present expedition, I can only express my sincere regret that our duties respectively should be so incompatible as to render it necessary for you to withdraw the further sanction of your presence.

I have, &c,

Frederick Tuckett,
Agent for. the New Zealand Company.

J. J. Symonds, Esq.

Enclosure 6 in No. 5.
His Honor M. Richmond, Superintendent, to Mr. W. Wakefield, Principal Agent of the New Zealand Company.

Wellington, 22nd May, 1844.

Sir,—

I do myself the honor to transmit for your information a letter I received this morning from Mr. Symonds, the officer selected by His Excellency the Governor to superintend and assist in the acquisition of land by the New Zealand Company in New Munster, together with a correspondence which has taken place between him and Mr. Tuckett, the Agent appointed by you to. conduct the purchase, occasioned by the latter persisting in landing instruments for the alleged purpose of surveying the port of Waikawaite. As the Government representative considered the act of conducting the survey on shore, without giving him an opportunity of ascertaining if it was objectionable to the Natives, to be in direct opposition to the spirit of his instructions, he remonstrated with Mr. Tuckett on the impropriety of such a proceeding, which was so far disregarded, that he avowed his purpose of continuing the same system at "Otago," and every other port they might touch at Mr. Symonds, therefore, rather than sanction such measures by his presence, withdrew from the party and returned to Wellington.

As Mr. Tuckett will have completed his tour before it is possible he can receive any further instructions, the responsibility must rest upon him of any consequences that may result from carrying on measures so liable to misconstruction by the Natives, and which may probably frustrate the objects of his mission.

I conclude you will soon be made acquainted with the site the Company's Agent considers most eligible for the new settlement, when Mr. Symonds will be ready to comply with his instructions; but as the purchase must be complete before he can furnish his report to His Excellency, I would suggest that a sufficient sum of money be forwarded by the same vessel that conveys him, to enable the Company's Agent to affect this satisfactorily, which it appears, from Mr. Symond's letter, Mr. Tuckett is not at present in a position to accomplish.

I have, &c.,

M. Richmond,
Superintendent.

Wm. Wakefield, Esq.

Enclosure 7 in No. 5.
Mr. W. Wakefield to His Honor the Superintendent of the Southern Division of New Zealand.

Petre, 8th May, 1844.

Sir,—

I have the honor to acknowledge the receipt of your letter of the 2nd inst., acquainting me with the return to Wellington of Mr. Symonds, the officer charged by His Excellency the Governor to superintend and assist in the purchase of land for the projected settlement of New Edinburgh, in New Munster, in consequence of Mr. Tuckett, the Agent of the New Zealand Company, having directed some partial survey of the roadstead at Waikawaite, which the former did not consider himself authorized by your instructions to him to sanction by his presence, and enclosing copies of a correspondence between these gentlemen.

Whilst I regret exceedingly that any misunderstanding should have arisen which may oppose the accomplishment of the objects of the expedition for the acquisition of a suitable location for the proposed settlement, I do not think it necessary to advert to the subject of difference further than to express my conviction that Mr. Tuckett was conscientiously impressed with the importance of the steps he adopted in order to enable him to detail the comparative merits of the ports he visited, and bore in mind the express permission you gave verbally at the interview with which you favoured us on the eve of his sailing from Port Nicholson, that partial surveys of harbours might be made, provided the resident Natives did not object to them.

I have directed that a copy of the letter which Mr. Kelham addressed to Mr. Tuckett in my absence, on the propriety of his obtaining Mr. Symonds' express sanction to any operations he may consider requisite to determine the relative qualities of places before the work is proceeded with, if such necessity again arises, should be delivered to you, and I shall communicate to Mr. Tuckett my entire concurrence in the sentiments expressed in it.

Mr. Kelham is instructed by me, so soon as Mr. Tuckett has made his report of the site he may select for the settlement, to remit to him the amount of the purchase money of the land, or such goods as the Natives may desire of the same value, according to the information he may receive from Mr. Tuckett respecting the mode of payment preferred by them, and to acquaint you and Mr. Symonds with the arrangement he may make for me on behalf of the Company, with a view to the accomplishment of the desired object in a satisfactory manner to all parties.

I have, &c.,

W. Wakefilld.

His Honor the Superintendent,
Southern Division of New Zealand.

page 100

Sub-Enclosure to Enclosure 7 in No. 5.
Mr. J. Kelham to Mr. F. Tuckett, Acting Agent for New Edinburgh.

Wellington, New Zealand, 1st May, 1844.

Sir,—

In the absence of Colonel Wakefield, who has proceeded to Taranaki, I reply to your communications up to 22nd April, received this morning by the "Scotia."

It appears that an obstacle to the well-working of your important undertaking has arisen from a difference of opinion between you and Mr. Symonds, respecting certain preliminary surveys, and that this has induced him to leave the scene of operation and return to Wellington. This difference seems to relate, not to the expediency of the surveys as proposed by you, but to the mode of commencing them, and wherein, perhaps, Mr. Symonds may not have been sufficiently consulted.

From a conversation I have had this morning with Major Richmond, taken in connection with the statement he has received from Mr. Symonds upon the subject, it would appear that although the latter replied officially to you in his letter of the 22nd April, quoting his instructions from the Superintendent, "that no survey was to be proceeded with until he was satisfied that the land had been alienated by the aborigines, and purchased through him on behalf of the Company," yet that such instructions are not to be literally construed as depriving him of all discretionary power. I also understand from Major Richmond that Mr. Symonds is authorized to permit any surveys that may be preliminarily necessary for fixing upon the site of the intended settlement, provided he is satisfied they may be made without causing irritation or uneasiness in the mind of the Natives.

I ought, moreover, to inform you that the Government, in according Mr. Symonds' assistance to the undertaking, do so upon the understanding that he is to be the sole judge of what proceedings, in respect of surveying, are calculated to irritate the aborigines. Under these circumstances, it seems to me that your operations must, if possible, be conducted so as to harmonize with Mr. Symonds' views, and that you would do well to consult him upon all occasions, so as to obtain his cordial co-operation.

In conclusion I can only say that I have done my best to express Colonel Wakefield's sentiments, with which frequent consultations with him on the subject of the new settlement, make me fully acquainted.

I have, &c.,

pro W. Wakefield,
Jas. Kelham.

Frederick Tuckett, Esq.

Enclosure 8 in No. 5.
His Honor M. Richmond, Superintendent, to Mr. J. J. Symonds, Police Magistrate, Wellington.

Wellington, 18th May, 1844.

Sir,—

Having referred your letter of the 1st instant to the Principal Agent of the New Zealand Company, I have now the honor to enclose a copy of a communication addressed to Mr. Tuckett, together with two extracts from letters, which will be delivered to him by Mr. Daniel Wakefield, who is commissioned by his brother to proceed with you to New Munster.

Should these instructions be disregarded, and you find that the Company's Agent undertakes any survey without your permission and against your remonstrance, or should adopt any measure which you may deem calculated to bring about another collision between our countrymen and the aborigines, you are hereby directed either to suspend all further negotiations between the New Zealand Company's Agent and the Natives for the acquisition of the land until you again communicate with me, or exert your authority as Police Magistrate to enforce obedience to your instructions (which can easily be effected by swearing in special constables from the crew of one of the vessels at Otago), whichever mode in your opinion will be best adapted to meet the emergency, and maintain a friendly intercourse with the Natives.

I have, &c.,

M. Richmond,
Superintendent.

J. J. Symonds, Esq.

Enclosure 9 in No. 5.
His Honor M. Richmond, Superintendent, to Mr. W. Wakefield, Principal Agent of the New Zealand Company.

Wellington, 20th May, 1844.

Sir,—

I do myself the honor to acknowledge the receipt of your letter of the 8th instant, and as you mention you had communicated to Mr. Tuckett your entire concurrence in the sentiments expressed in Mr. Kelham's letter to him, there would have been no occasion for further correspondence on the subject, were it not for the lenient construction you appear to put upon the proceedings of your agent, and the manner in which you dwell on the qualified permission I gave for partial surveys of ports, as shown by the following extract from your letter:—"I do not think it necessary to advert to the subject of difference, further than to express my conviction that Mr. Tuckett was conscientiously impressed with the importance of the steps he adopted in order to enable him to detail the comparative merits of the, ports he visited, and bore in mind the express permission you gave verbally at the interview with which you favoured us on the eve of his sailing from Port Nicholson, that such partial surveys of harbours might be made, provided the resident Natives did not object to them."

It is therefore incumbent on me to bring to your recollection that at the interview to which you allude, I positively prohibited Mr. Tuckett from proceeding with any survey until the land had been alienated by the natives, and on being asked by him if I would consent to partial surveys of ports, provided it was not objectionable to the resident aborigines, my answer was that every reliance could be placed on Mr. Symonds' discretion, who, having been a surveyor, was competent to judge when such a measure was necessary, and that I could offer no objection, provided he first ascertained that the page 101Natives were not unfavourable to it, and gave his permission. I distinctly repeated several times, in your presence and when you left us, "but nothing must be done without the sanction of the Government Officer." All this was communicated to Mr. Symonds, who was prepared to act upon it, but Mr. Tuckett never thought proper either to consult him or afford an opportunity of learning What sensation such a proceeding was likely to create. Lest, therefore, you should have been equally lenient in expressing to Mr. Tuckett your sense of his conduct, or that he may disregard your concurrence in what Mr. Kelham has written, I have considered it necessary, in order to guard against the peace of the country being again disturbed, and that no misconception whatever may in future exist, to furnish Mr. Symonds with the additional instructions, of which I enclose a copy, as your brother, Mr. Daniel Wakefield, has been commissioned by you to proceed to New Munster, and is prepared with funds to effect the purchase of the land. I have directed Mr. Symonds to return by the same conveyance (the "Scotia," which sails to-day), in order that no delay may take place, and every facility be afforded to the Company to complete their arrangements for the reception of the first emigrants for the new settlement, whose early arrival may be expected.

I have, &c.,

M. Richmond,
Superintendent.

Wm. Wakefield, Esq.