H.—l7

4

high rate of pay, viz., Bs. a day, which was more than treble that of the ordinary militiaman or military settler. Other conditions of enrolment are given in a memorandum in the handwriting of Mr. T. Russell, the then Defence Minister, in which it is stated that " in addition to the ordinary grant, the Government will " make a grant of land to any man who distinguishes himself, or to the widow of " any man who may be killed in action." After the three months' service had expired some of these men were re-enrolled on a lower rate of pay, and served for the three years required from military settlers, and received the ordinary grants of land. Eor each of those who elected to quit the corps after the three months when the rate of pay was reduced from Bs. to ss. a day, Major Jackson claims a grant of land, and for those who continued and served for the three years, two grants, one as an original Eorest Ranger and another as a military settler. This interpretation of the conditions of enrolment was repudiated by Mr. Russell on the 19th October, 1861, when he informed Major Jackson that the men who did not re-enrol were not entitled to land, and again in his letter addressed to Sir D. McLean on the 11th September, 1874, when he enters fully into the whole question. We are of opinion that the "ordinary" grant implied a grant under the ordinary conditions, which conditions having been published in the Government Gazette with reference to military settlers in Auckland on the very date of the memorandum, prove to us that they must have been in Mr. Russell's mind when he wrote it. We consider, therefore, that the claims of Major Jackson and his men have been satisfied by the grants which they have already received. Up to the time of the appointment of the Commission no claim had been put forward by Major Jackson, or by any of his men, for the additional grant promised for distinguished service. That officer now avers that he did perform such service, and produces, amongst other evidence, the Gazette of the 9th April, 1864, which contains a notice of the promotion of several officers, including himself, for " distinguished service." He also claims a like grant for several of his men, and specifies occasions on which they distinguished themselves. Whilst recognizing his special qualifications for such a command, and the high courage displayed by his men, and the excellent service they performed, we do not think we are justified in recommending them for the reward, now for the first time, claimed for them. The services rendered by his men were such as were expected from a carefullyselected corps, receiving a much higher rate of pay than was given to the regiments of military settlers, while the land allotted to them at Rangiaohia was the choicest portion of the whole Waikato Delta. We may add further that Major Jackson's promotion gave him an additional quantity of valuable land in the same district. We have found more difficulty in coming to a conclusion in the other cases. There is no doubt that Colonel Nixon did inform his men that they would receive land in addition to their pay, and that he did induce some of them to join the Defence Eorce by that statement. The question is : Had he sufficient warrant for making such an offer ? There is no documentary evidence of any kind to show that he was authorized to do so. On the contrary, the original memorandum, fixing the rates of pay in Mr. Russell's handwriting, and the notifications inserted at the time in the newspapers inviting men to join, make no mention of land, and Mr. Russell stated before the Petitions Committee of the House of Representatives in the following year, 1864, "that there was no engagement with the " members of the Defence Eorce that they should have grants of land, and a higher " rate of pay was fixed for them in lieu of land." It appears, from the evidence that has been taken on oath, that Colonel Nixon based his promise to the men chiefly on conversations he had had with the then Governor, Sir George Grey, but Sir George Grey has stated, in reply to a letter addressed to him by Major Gordon, as Commissioner, in July, 1875, that he could not remember any facts connected with the claim, that he had nothing to do with the granting or apportionment of land in the Waikato, the whole power connected with this subject being in the hands of his responsible advisers, with whom he did not interfere in the matter. After carefully considering the whole question, we are of opinion that the promise made by Colonel Nixon was made without sufficient warrant, and was not sustained by any Act or regulation then or afterwards in force; and we do not