F—No. 1

PETITION OF C. DAVIS AND F. AND L. YATES,

1. By the Chairman.~\ What is your name?— Charles Davis. 2. What are you? —A Merchant residing in Auckland, and a partner with Messrs. Yates in their business at Kawhia. 3. Are you acquainted through your Partners of the circumstances at Kawhia connected with Mr. McLean?—Yes—l was, through one of my Partners coming into Auckland on the 19th May last, who informed me he had received two notices from Mr. McLean to leave Kawhia, the purport of which were that the Government had prohibited Trading. We went to the Native Minister—Mr. L. Yates made him acquainted with the purport of our visit, and shewed him the copy of Mr. McLean's letter. The Nacive Minister said the letter was in accordance with his instructions, and stated that we could not carry on business at Kawhia, it being the intention of the Government to prohibit any further Trading with the Natives by stopping all further commerce, and to prevent anything being imported or exported. I said that I had a Crown Grant for my property, and that the other Traders were squatters, and therefore I considered I was in a different position, and he replied that we must be treated all alike. I then remonstrated against removing me as it would entail a serious loss of about three or four thousand Pounds, and if the Government persisted in doing so I should claim compensation. He replied he could not avoid it as the Government had determined on that course, and that he did not think I would get compensation as the Colonial Government could not and the Imperial Government would not grant compensation, and that if all were compensated it would entail an expense of not thousands but hundreds of thousands. The following Letters and Capies were then produced by the witness. 14th May, 1860. Copy notice from Mr. McLean to residents at Kawhia, 23rd " " Letter from Petitioner Charles Davis to Native Minister 29th " Same to same 31 st " Original Letter from Native Minister to Petitioner C. Davis 7th June, Copy Letter from F. R. Porter to Mr. Brewer Bth ~ Original Letter from W. Young to Petitioner C. Davis 4. After you received these Letters what did you do?—I saw the Native Minister again and objected on the ground that there had been no public notification of the intention of Government to blockade Kawhia, and inquired if my leaving would prejudice my claim for compensation. Mr. Richmond replied certainly not, for if I attempted to remove my goods I would prove myself a more loyal subject. 5. Did you find it necessary to close your business at Kawhia?—Yes. It was arranged that Mr. Richmond should see the Governor, and we should see him again which we did, and he then informed us he had seen the Governor who adhered to his determination to close the Port. I then asked if he did not consider that Aotea which was adjacent ought to be closed also as the Kawhia Natives could be equally well supplied there. He replied that the matter required consideration. I told him it would be unjust to remove the Kawhia settlers and allow the Aotea settlers to remain there still, and I gave him the names of some Traders who had removed there and were trading. 6. Are they trading there still?— Yes, Swan and Charlton are still there trading. The vessel Matilda has cleared out twice for Kawhia and has brought a cargo of wheat back and has gone there again. I and Mr. Yates again saw Mr. Richmond, and enquired how I should act with reference to our property there. He told us the best course would be to get a vessel to take it away, and that he would grant me permission to clear a vessel in ballast for Kawhia for that purpose, restricting the time till the 30th Juno, and that he would not allow any vessel to go in or out of that Port after then. Mr. Yates then said he would endeavour to get in some debts due from Natives which could only be effected by taking produce in payment, and that in order to do this we would be compelled to purchase what produce was brought us even if it exceeded our claim, and Mr. Richmond agreed to this if payment was made in cash. Mr. Yates then went down to Kawhia and got in some debts and purchased wheat which is now in the store at Kawhia, and had chartered a vessel to bring it away. 7. What was the reason it was not brought away?— The greater portion was brought away in the firstvessels as stated before, and some were left. The goods left was chiefly Furniture, and Implements, and produce, which may be there now. The Witness then withdrew. Mr. L. Yates was then called in and examined. I.By the Chairman.'] Did you charter any vessel to remove your goods from Kawhia?—Yes, the Aoteroa Roa. 2. Why did you not bring them away?— The Natives refused to fulfil their charter, partly on the ground that Mr. Snackenburg told them it was not duly authorised. 3. Had you any other opportunity of removing them before the 30th June?— None. The " Jupiter" had been chartered in Auckland by Mr. Charles Davis, but owing to stress of weather was prevented going into Kawhia. In reference to a charge of selling Arms to the Natives I was served with a summons on the 28th June, returnable at Raglan on the sth July. 4. Had you any opportunity of shipping the goods between these dates?— None. 5. Did you leave Kawhia in pursuance of notice from the Government under the impression that you had no other course open?—We did. 6. Is the Port of Aotea open?— Yes, and I believe there are Traders there. 7. Can the Kawhia Natives get their goods from there?— Yes, I know they do, I have heard so from a Trader there. There is a good open level sledge road between the two Porte. 8. When you received the notice to leave Kawhia, were the Natives in a state of rebellion?—l think not.

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