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200 AfPENDlX.
the master and crew of any British ship or vessel, or by any British
subject hving there ; and all persons convicted of such oftences may
be punished as if the oiFence had been committed in England. The
law h a r á g thus given the court the power to hear and determine
offences, it follows, as a necessary mcident, that it has the power of
bringing before it any person against whom any indictment should be
found, or information filed, for any offences within its jurisdiction.
I would here observe, that I can propose no other means by which
you can secure the offender, than the procuring his apprehension and
dehvery on board some British ship, for conveyance to this country,
by means of the native chiefs with whom you shall be in communication.
It is well known, that amongst those Europeans who ai'e leading
a wandering and irregular life at New Zealand, are to be found
transported felons, and offenders, escaped from this colony and Van
Diemen's Land. It is desirable that opportunities for the apprehension
and transmission of those convicts to either colony should be
promptly embraced.
The chiefs are, it is said, well acquainted with the descriptions of
the different Europeans residing m their country, and will be found
able and willing to point out and secure, at a convenient time, those
whom they know to be fugitives from the Austrahan colonies. You
will be furnished firom the office of the principal superintendant, with
the names and descriptions of those convicts from New South Wales
who are known or suspected to be concealed in the islands of New
Zealand : and you wiU use your discretion as to the fittest time for
causing their apprehension, and removal of such as may be within your
reach, or are guilty of any offence against the peace and tranquiUity
of the country. You will, of course, take every precaution to avoid
the apprehension of a free person in mistake for a convict, as an
action for damages would probably follow the commission of such an
error.
This government will indeed be disposed to save you harmless in
all such cases, where becoming circumspection has been used.
When any of his Majesty's ships are off the coast, you will request
the commander to receive the convict, or other person, arrested by
your means, for conveyance to this place.
I would further observe, that, by means of the mformation which
you are likely to receive from the chiefs, you may become acquainted
APPENDIX. a o i
with the criminal projects of Europeans before their execution ; and
by a timely interference you may be able altogether to prevent their
mischievous designs, or render them abortive.
In the character which you hold you will be justified in addressing
any British subject, to warn him of the danger to which he may be
exposed, by embarkmg or persevering in any undertaking of a criminal
or doubtful nature.
In the manner I have now described, and by proceedings of a similar
character, it may be possible to repress the enormities which have
heretofore been peqjetrated by British subjects in New Zealand.
It may also happen that this salutary control will not affect British
subjects only, but that the knowledge of there bemg a functionary
stationed in New Zealand, through whom offences committed by the
subjects of any other State against the people of that country wUl be
made known to the British Government, and through that Government
to the other European and American powers, may induce the
subjects of those powers to adopt a less Ucentious conduct towards
the New Zealanders, and other inhabitants of the South Sea Islands.
There is still another form in which the influence, it is hoped, the
British Resident may obtain over the minds of the New Zealand
chiefs, may be more beneficially exhibited.
It is possible, by your official moderation, that the evils of intestine
war between rival chiefs or hostile tribes may be avoided, and their
differences peaceably and permanently composed. It is also possible,
that at your suggestion, and by the aid of your councils,
some approach may be made by the natives towards a settled form of
government ; and that by the establishment of some system of jurisprudence
among them, their courts may be made to claim the cognizance
of all crimes committed within their territory : and thus the
offending subjects, of whatever state, may be brought to justice by a
less ch-cuitous and more efficient process than any which I have been
able to point out.
If, in addition to the benefits which the British missionaries are
conferring on those islanders, by imparting the inestimable blessings
of Christian knowledge and a pure system of morals, the Zealanders
should obtain through the means of a British functionary, the institutions
of courts of justice, established upon a simple and comprehensive
basis, some sufficient compensation would seem to be rendered
fortlie injuries heretofore inflicted by our delinquent countrymen.