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E—No. 3_

FURTHER PAPERS RELATIVE In the first instance to which you here refer, the " Remarks on the 'Native Offenders' Bill'" were not addressed to Her Majesty's Government, but to the Colonial Legislature then in Session. In the second instance, the correspondence was not originated by me, bnt invited by yourself With respect to the alleged interference on the part of the Bis'iop of New Zealand, and some of the Clergy of the Church of England, between Hot- Majesty's Government and her Native subjects I find it impossible to understand the words as applying to yourself and your colleagues, bscause Mr. Richmond's Memorandum of 27th April, 1860, (E. No. 3, p. 35, 27th April, 186l),j distinctly states that— " The Colonists as a body are in no degree responsible, directly or through their Representatives, " for the existing state of affairs. They have never had the direction of Native policy ; nor have they " dictated or even suggested the Acts of the Imperial Government in its relations with the Natives.' Neither can I understand the words as applying to the Imperial Government, because no remarks have been addressed by us to the Secretary of State for the Colonies : on the other hand, your mention of the New Zealanders as " Her Majesty's Native subjects" has removed a painful doubt suggested by the words of the late Minister for Native Affairs. " That it cannot be said, that in any but a technical sense the Maori people are yet within the " state" (Mr. Richmond's Memorandum, 28th December, 1860, page IS). Again, I would in all courtesy submit that you are in no way concerned in the question, whether we petition or remonstrate against any acts of the Legislature or of the Government, in the character of private citizens or as Ministers of religion. The Clergy of the Church of England have always acquiesced, and have now more than ever reason to rejoice in their entire freedom from all connection with the Colonial Government. There is no ambiguity whatever in the ground which we take. When all other classes of Her Majesty's English subjects in New Zealand are expressing their opinions upon the Native question, and supporting a policy which we believe to be unjust, we should be guilty of betraying the Native race, who resigned their independence upon our advice, if we did not claim for them all the rights and privileges of British subjects as guaranteed to them by the Treaty of Waitangi. As the earliest settlers in this country, —as agents often employed by Government in Native affairs, —as intimately acquainted with the language, customs, and feelings of the New Zealanders, — above all, as Ministers of religion, having the highest possible interest at stake, we assert the privilege which the Law allows to every man of laying our petitions before the Crown and the Legislature. We ask for nothing more than that which your own colleague has declared to be the truest policy -—"The fearless administration of justice between the contending parties." The same authority has traced out the way in whicii justice ought to be administered, " The propriety of making at least an attempt to provide means for the extrication of Native " Title from its present entanglement, for reducing it to fixed rules, for subjecting it to the jurisdiction " of regular Tribunals, can hardly admit of a doubt." —Mr. Richmond, E—No. 1, p. 7. You now tell me that the difficulties in the way of the establishment of a Native Land Title Tribunal have been found to be insurmountable, and that it would be unwise and dangerous to delay the settlement of the Waitara question, by the thorough investigation of that Title, which, by the terms of peace, the Governor ha 3 pledged himself to investigate. Allow me to express my regret that the experience of these difficulties in providing for the administration of justice, and the foresight of these dangers attending even the investigation of truth, did not prevent you from advising the Governor in a matter " for which you were in no degree responsible," to declare war against Taranaki upon an unproved assumption. I have, &c , G, A. New Zealand. The Hon. the Colonial Secretary, &c, &c, &c., Auckland.

Sess. Papers, 1860, E_No. 3, p. 33.

No. 9. . MR. STAFFORD TO THE LORD BISHOP OF NEW ZEALAND. Colonial Secretary's Office, Auckland, 20th May, 1861. My Lord,-— I have to express my very great regret that the nature of the statements and imputations contained in your Lordship's letter of the sth instant, renders it fitting that I should comment on some portions of it. In my let'er of the 3rd inst,, I adverted to a claim originally preferred on behalf of the Clergy of the Church of England, and subsequently asserted on your own behalf, of a special right of interference in Native matters, and I refused to admit any special right on the pirt of the Bishop of New Zealand or of any of the Clergy of the Church of England, in their capacity as members of a religious body, to interfere between Her Majesty's Government and her Native subjects. Your Lordship now professes to bs unable to understand the words as applying to myself or my colleagues, because in the first instance your " remarks" were addressed to me as a member of the Legislature; and, in the second instance, the correspondence whieu followed did not, you state, originate with your Lordship, but was invited by myself. Although the "remarks" with which the correspondence originated were not addressed to me in

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