1884.
VICTORIA.
ANNEXATION, FEDERATION, AND
FOREIGN CONVICTS.
CORRESPONDENCE.
PRESENTED TO BOTH HOUSES OF PARUAMENT BY HIS EXCELLENCY'S COMMAND.
~tl
6\,nthDrit!! :
JOIIN FERRES, GOVERNMENT PRINTER, MELDOURNE.
No. 38,
APPROXIMATE C03T OF PAPER.
Preparation--Net given, Pl'lnllng (9GO copies)
£
8, d.
146 0, 0
EXPLANATORY NOTE.
This and the other printed papers on the subject, namelyNo. 23 of the Second Session of 1883, No. 42 " No.48 " No. 25 of the Present Session,
,
,
give the whole of the correspondence on the Annexation, Federation, and Foreign Convicts questions, from its initiation in April, 1883, to date (excepting that which is too trivial and would constitute an unwieldly hulk, and excepting also letters or portions of letters which are confidential). It commences with Mt·. Service's telegram, in which, unsolicitedly, he instructed the Agent-General to support, as an Australian question, the annexation of New Guinea by Queensland. The movement for the annexation of the other Islands was initiated by a deputation to Mr. Service (vide Paper No. 23 above referred to). Shortly afterwards, intelligence appeared in the newspapers of the proposal of France to transport large numbers of criminals (recidit•istes) to the Western Pacific Islands. This was immediately protested against by Victoria (see telegram of the 24th of July, 1883, page 4). The text of the French Tiill or Projet de Loi, for the transportation of Recidivistes, will be found at page 33.
The movement for Federation originated in a minute by Sir Thomas lVfcllwraith written on the occasion of England's refusal to sanction the annexation of New Guinea (vide Paper No. 42 of 1883). Sir Thomas Mcllwraith suggested the holding of a Convention of Delegates, and, at his repeated request, Mr. Service consented to act as Convener. The correspondence leading up to the holding of the Convention will be found in Paper No. 42 of 1883, and the Minutes of the Proceedings of the Convention in Paper No. 25 of the present Session.
E. J. PREliiER'S OFFICE,
lOth June, 1884.
THOMAS,
Secretary.
TABLE OF CONTENTS.
To Whom.
Prom Whom.
Mr. Service, Premier Mr. R. Murray Smith, Agent-General for Victoria, London
Date.
20
Mr. Graham Berry, Chief Secretary
Mr. Service
Mr. Murray Smith .•.
Mr. Service
Mr. Murray Smith ...
12
Mr. Murray Smith ...
Mr. Service
11
,
Mr. Murray Smith ...
23
,
Mr. Murray Smith ...
23
"
...
Mr. Service
Subject.
Page.
1883. 18 April No. 3187 Telegram.-" Support actiou of Queensland in annexing New Guinea"
Mr. Murray Smith •..
Mr. Service
No.
"
1 June
"
P. 45
Acknowledges receipt of 'felegram of 18th, and reports steps taken. The Annexation is supported by public opinion, but Government's decision on the subject is deferred. Encloses report of question asked in House of Commons
1
No. 3
Expresses appro,·al of the Agent-General's action re Annexation of New Guinea
2
No. 53A Telegram.-Communicates telegram of His Excellency the Governor to Secretary of State, representing strong feeling in Victoria for Annexation or Protectorate New Hebrides and Islands up to New Britain
2
Telegram.-In question 1·e Pacific Islands expense an important factor. Understanding with France as to New Hebrides presents difficulty. Public against sweeping Annexation policy
2
No. 97
Telegram.-Annexation sought, not to be confused with any general Annexation policy. England should secnre Australia's future. Several Colonies agree expense
2
No. 103
Encloses copies of despatch to His Excellency the Governor, dated 18th June, 1883*
2
• Alreadr pr!nt
P. 210
Telegram.-Reports interview of AgentsGeneral with Secretary of State respecting Pacific Islands
3
Mr. Murray Smith ...
5 July No. 156
Telegram.-Decision of Imperial Government as to New Guinea most disappointing. Australia must persist
a
Mr. Service
7
P. 288
Public and Telegram. - Annexation. official opinion favours Protectorate. Colonies might advantageously make specific propositions respecting expense
3
No. 169
Telegram. -French movements indicate danger to New HelJrides. Resolutions re Annexation or Protectorate and Expense about to IJe moved in Parliament. Pros~ Lord Derby fur speedy action
3
No. 175
Telegram.-Parliament unanimous re Annexation. Do not relax efforts
8
Mr. Murray Smith ••.
Mr. Service
Mr. Ser\'ice
Mr. Murray Smith ...
28
Mr. Service
... Mr. Murray Smith ...
ll
Mr. Service
Mr. Murray Smith ...
12
"
"
"
"
Vl TABLE OF From Whom.
To Whom.
CoNTENTS-continued.
Date.
'
No.
Sir Thos. Mcllwraith, Mr. Service Premier of Queensland
Page.
Subject.
- - - - - - - - - "--------!---- -""""---1----------- "
- ---""""- - -
1883. 18 July
P. 380
Telegram.-Communicates telegram from Queensland Agent-General announcing refusal of Imperial Government to endorse Queensland's action re New Guinea
4
P. 375
Telegram.-Reports withdrawal of South Australia from united action of AgentsGeneral so far as respects Pacific Islands
4
No. 208a Telegram.-Informs of P. 375, and urges South Australia not to withdraw from general concert
4
Mr. Murray Smith ...
Mr. Service
19
"
Mr. Service
...
Mr. Bray, Premier of 19 South Australia
"
Mr. Bray •••
·..
Mr. Service
Mr. Service
••• Mr. Murray Smith...
20
24
"
,
P. 381
Telegram.-Will support Annexation of New Guinea-but considers matter of annexing the other Islands should rest on account of understanding with France
4
No. 233
Telegram.-England should act promptly. Indignation here if Hebrides cesspit for COnYiCtS
4
Mr. Murray Smith ...
Mr. Service
15 June
P. 402
States the objections felt by the Home Government to Annexation :-1. Cost. 2. Treaties with other nations
5
Mr. Murray Smith
Mr. Service
24 July! P. 433
Telegram.- Joint despatch of AgentsGeneral presented to Secretary of State yesterday, calling special attention to proposed measure of France to deport habitual criminals to Pacific. Will not relax efforts
6
P. 492a Te 1egram .-New ZealandAssembly approves of action re Annexation. Before increasing taxation, however, desires statement of cost
6
...
Mr. Whitaker, Premier Mr. Service ofNew Zealand
31
Mr. Service ...
31
••• Mr. Whitaker
"
"
No. 291
Telegram.-Much unanimity
gratified
at
general
7
Mr. Murray Smith ...
Mr. Service
29 June
P. 543
Gives particulars of interview between Lord Derby and the Agents-General on 28th June. Lord Derby requested the AgentsGeneral to submit their views in a joint memorandum
7
Mr. Murray Smith . ..
Mr. Service
6 July
P. 693
Forwards report of discussion in both Houses of Parliament. Encloses excerpts -articles from English Press
7
P. 651
Acknowledges receipt of telegram of 12th July.• Reports steps taken. Thinks Protectorate will be obtained. Subject attracting great attention in· England : leaders in Times and other papers ; letter by Lord Carnarvon in Times
Mr. Murray Smith ••• Mr. Service
Mr. Murray Smith . ..
The Earl of Derby, Secretary of State for the Colonies
Mr. T. V.Lister,Assist- Under Secretary, ant Under-Secretary, Foreign Office
Colonial Office
13
12
"
"
1878. 1 Feb.
12 •See pag 3,
Enclosure toP. 651. Informs Lord Derby of resolution of Victorian Parliament communicated by the Telegram of 12th July
13
Enclosure toP. 651. Communicates reply to letter from French Ambassador-that H.M. Government have no intention of proposing to Parliament any measures for changing the condition of independence enjoyed by the New Hebrides
13
vii TABLE 01!'
To Whom.
From Whom.
CoNTENTS-continued.
Date.
---------1--------- - - - - 1 - - - Mr. Service
...
Mr. Murra.y Smith ...
1883. 13 Aug. No. 361
Forwards copy of a despatch from the Secretary of State declining to confirm the Annexation of New Guinea
19
Enclosure toP. 755
19
Reports delivery of concerted memorandum (copy enclosed) from Agents-General to Lord Derby(cf.P. 433). South Australia, however, secedes, except as regards New Guinea: heretofore, the united attitude of Australasia has aroused public attention. Indicates critical position of New Hebrides. Draws attention to Governor Weld's views on Annexation
20
Enclosure toP. 772. States his views,favourable to the policy of annexation
29
Tasmanian Legislature have agreed upon an Address to the Queen against any Foreign Power being allowed to take possession of New Guinea or unannexed Pacific Islands
29
7 Sep. No. 558 Telegram.-Communicates rumour ofFrench
30
The Secretary of State Officer Administering for the Colonies the Government of Queensland
11 July
Mr. Murray Smith .•.
27
"
P. 755
P. 772
1874. Mr. F. A. Weld, Go- The Earl of Carnarvon, 14 July Secretary of State vernor of W astern for the Colonies Australia.
Mr. Service
••.
Mr. Service
...
Mr. Murray Smith ...
-··-----~ ~·~~-·-·~·~~----~
18
27
Mr. Giblin, Premier of Mr. Service Tasmania
Page.
Gratified at Agent-General's conduct of Annexation matters ; instructs him to obtain statement of conditions on which Annexation would be sanctioned by Great Britain. Encloses copy of letter to Governor of Victoria, No. 264 (27thJuly), and of Queensland Memorandum of 17th July. Announces that a Convention to deal with Annexation and Federation is to be held
Under Colonial Secre- Mr. Service tary, Queensland
Mr. Service
Subject.
No.
1883. SI Aug.
P. 819
war steamers proceeding to New Hebrides. Supineness of England may lose for us these Islands, Question in the House. Date of Convention fixed November-all Colonies joining Mr. Murray Smith ...
10
No. 586
Convention to be held in Sydney in November. Use influence with Colonial Office to procure representation of Fiji
30
Mr. Murray Smith ...
Mr. Service
13
P. 910
Telegram.-Communicates reply of Colonial Office to joint despatch of Agents-General
31
Mr. Murray Smith ...
Mr. Service
10Aug.
P. 916
Reports publication of joint despatch; also contemplated severance of jurisdiction of High Commissioner of the Pacific from the Government of Fiji. States that France now claims that Englaml cannot annex J.Vew Guinea
31
P. 1073 Has given to other Agents-General copy of Mr. Service's letter to Lord Normanby of 18th June, 1883. Forwards report of Mr. Gladstone's reply in Parliament to question respecting New Guinea and the tendencies of France. Encloses copy of French Bill for transportation of Recidi-
32
Mr. Murray Smith ... Mr. Service
24
"
vistes
viii TABLE OF
From Whom,
CoNTENTs-continued.
Date.
To Whom.
No,
I
Subject.
Page,
i
Mr. Murray Smith ...
Mr. Service
1883. ... 20 Sep.
Mr. Service
...
Mr. Murray Smith ...
21
Mr. Service
•. . Mr. Murray Smith .•.
24
" "
P. 987
telegram correct? substance to Colopropose to re-ship " :?.Iessageries " ?
42
No. 983 Telegram.- Reuter's telegram correct.Doubtful if we could re-ship convicts to France
42
No.673
42
Mr. Service
Mr. Murray Smith ...
5 Oct. No. 751
Sir Thos. Mcllwraith
Mr. Service
8
Sir Thos. Mcllwraith
The Administrator of the Government of Queensland
"
Telegram.-Is Reuter's Wish to communicate nial Office. Do you escapees to France by
Represents sustained and increasing earnestness of Australian feeling. Follows up telegram of 7th September, No. 558,• respecting despatch of French war steamers to New Hebrides. Lord Derby's reply so far from disposing of matter will rather consolidate and strengthen the public sentiment. Trouble through escapees from New Caledonia. Resolutions of public bodies are coming in. Victoria will not retire from position taken up. In favour of Protectorate rather than Annexation. Submits that French proposal to transport Riicidivistes leaves England free as regards New Hebrides Telegram.-Desires to know before Convention cost of Annexat.ion or Protectorate. (Sec P. 1409* post.)
•See pag• 80.
45
P. ll95 Forwards copies of his reply (through the Administrator of the Government) to Lord Derby's despatch containing the refusal to sanction Annexation of New Guinea
28 Sep.
Enclosure to P. ll95 ...
46
Secretary to the Premier Mr. Murray Smith ... of Victoria
10 Oct. No. 804
Acknowledges receipt of copy of Projet de Loi re Recidivistes. Convention definitely appointed to meet in Sydney, 28th November
47
Secretary to the Premier Mr. Murray Smith ... of Victoria
25
No. 954
States position of matters with reference to approaching Convention, and forwards copy of memorandum from Governor of Fiji, vide P. 1287 •
48
"
•&e pag
62.
Mr. Murray Smith ... Mr. Service
Mr. Service
... Premier of Tasmania, and Colonial Secretary, Fiji
21 Sep. P. 1378 Forwards copy of Lord Derby's reply to joint communication of Agents-General, also encloses copy of letter which he had previously addressed to Lord Derby, pressing matter on his attention and communicating Telegram respecting despatch of French war vessels to New Hebrides. Refers to Heuter's telegram respecting French convicts, &c.
48
20 Oct. No. 887
50
Transmit.s copies of Parliamentary Paper embodying correspondence respecting proposed Australasian Convention* on Annexation and Federation • Vide Parliameutary Paper No. 42, of Second Session 1883.
Mr. Stuart, Premier of Mr. Service New South Wales
24 "
P. 1327 Forwards copy of memorials from inhabitants of Fiji to Her :Majesty and to the Convention in Sydney
50
ix TABLE OF From Whom.
CoNTENTS-continued.
Date.
To Whom.
No.
I Page
Subject.
-------------------------------------1--------l-------- ---------------------------------------1883. Mr. John B. Thurston, Mr. Service Colonial Secretary of Fiji
Mr. Murray Smith ...
Mr. Murray Smith ...
Mr. Service
6 Oct.
Mr. Service
25
26
Mr. Service
•. . Mr. J. B. Thurston
30
,
P. 1287
His Excellency Sir G. William Des V reux, Governor, expresses thanks for proposed representation of Fiji at the Convention, but asks that it remain for the present an open question
52
P. 1409
Telegram.-Communicating reply of Lord Derby to despatch of 13th August (No. 361) and telegram of 5th October (No. 7 51), as to the expense of Annexation or Protectorate (Vide P. 17 46, • post)
53
•See page 65.
,
P. 1408
Telegram.-Representation of Fiji at Convention strongly favoured by Sir Robt. Herbert. France withdraws pretensions to New Guinea. Recidivistes Bill not passed and will be opposed
"
No. 997
Acknowledges receipt of P. 1287.* Representation of :Fiji may remain open question, but have been in communication with Colonial Office on the subject, and anticipate that Imperial Government will approve the proposal
1
53
53 •See page 52.
No. 985a Forwards copies of Further Correspondence re approaching Convention
54
Secretary to Premier of Mr. Murray Smith ... Victoria
1 Nov. No. 1036 Forwards copies of Further Correspondence
54
Mr. Murray Smith
2
Secretary to Premier of Premiers or Colonial Secretaries of AusVictoria tralasia
...
Mr. Service
30
"
,,
P. 1436
Telegram.-Mr. Thurston has been telegraphed to to attend Convention
54
"
No. 1057 Telegram.-Communicating the purport of P. 1436
54
P. 1495
55
I
Mr. Service
.. . Premiers, &c.
5
Mr. Murray Smith ...
Mr. Service
5 Oct.
Mr. Service
Mr. Murray Smith ...
7 Nov. No.1077 Replies to P. 1378.* Colonial Office reply unsatisfactory. Encloses copies of Governor's Speech on Prorogation of Parliament
Mr. Service
9
...
Mr. Murray Smith ...
Mr. Service
...
Mr. Bray
...
12
Mr. Bray ...
...
Mr. Service
...
13
Mr. Service
...
Mr. Bray
...
13
M1·. Service
...
Mr. Murmy Smith ...
13
Mr. Service
...
The Marquis of Norman by
13
Encloses copy of reply of Colonial Office to his letter of lOth Sept.; has asked Lord Derby for more distinct declaration of policy before the Convention meete ; copy enclosed.
,,
P.1513a
Telegram.-That South Australia be asked to permit attendance of their AgentGeneral at a meeting of Agents-General
56
"
No. 1095 Telegram.-Communicates above request; glad if you can see your way ; it would make our phalanx solid
56
P. 1514 Telegram.--Has instructed Agent-General to attend
57
No.ll08 Te1egram.-Thanks for prompt compliance
57
...
57
,
" "
"
No. 1107 Telegram.-Commnnicates P. 1514
No.lll4 Submits a number of resolutions from Public meetings and Municipal bodies in favour of Annexation
57
X TABLE OF
From Whom.
Mr. Murray Smith
To Whom.
CONTENTS-continued.
Date.
I
1883. 19 Oct.
.. . Mr. Service
No.
Subject.
P. 1643 : Forwards Imperial Parliamentary Paper containing correspondence respecting-
Page.
57
1. Disclaimer of France as to any interest in New Guinea 2. Understanding with France respecting New Hebrides
3. Remonstrance of Foreign Office with French Government, respecting Escapees from New Caledonia, and proposed Transportation of Recidivistes 4. Admiralty requested to station a manof-war on coast of New Guinea The Earl of Derby ...
The Marquis of Norrnanby, Governor of Victoria
Mr. Murray Smith ... Mr. Service
Mr. Service
Mr. Murray Smith
...
... Mr. Murray Smith •••
...
Mr. Service
...
22 Sept.: P. 1590 Acknowledges receipt of despatch enclosing memorandum of 27th July, from the Premier of Victoria, re Annexation of Pacific Islands. Awaits result of Convention
62
P. 1624 Telegram.-Recidivistes Bill is progressing, and French Government has contracted i for line of steamers to convey convicts 1 to New Caledonia
63
No.l216 Gratified at representation of Fiji. Encloses list of Delegate& to Convention
63
P. 1655 Telegram.-Reports interview of AgentsGeneral collectively with Lord Derby respecting Federation, Transportation, and Annexation of New Guinea and New Hebrides. Remonstrances promised respecting French convicts
64
No.1263 Forwards extract from telegram of 24th November reporting interview between Lord Derby and Agents-General, 1ee P. 1655, ante
64
P. 1681 Telegram.-Reports progress of Recidivistea Bill. Confederation-submits plan that has been suggested for Council of Dominion.
65
P. 1746 Communicates reply of Colonial Office to categorical questions as to Imperial policy with regard to the Islands. Recidivi8tes Bill may possibly be abandoned at the last stage. Confirms telegram, P. 1436,* respecting representation of Fiji at Convention. Encloses extracts from English newspapers
65
21 Nov.
22
24
"
'
"
l Mr. Service
...
Premiers, &c.
...
29
Mr. Murray Smith
...
Mr. Service
...
28
Mr. Murray Smith
...
Mr. Service
...
2
"
"
"
•&t pavt
6,.
xi TABLE OF CoNTENTS-continued. From Whom.
To Whom.
Date.
Mr. John Bramston, Mr. Murray Smith ... Assistant UnderSecretary, Colonial Office
No.
1883. 22 Oct.
Subject.
States, in reply to inquiries from the Victorian Government!. Imperial Government not yet prepared to assent to annexation of Pacific Islands.
66
2. Should the Colonies at the Convention be in favour of such Annexation, Her Majesty's Government would consider its practicability. 3. Impossible as yet to estimate cost of extending powers of High Commissioner of W astern Pacific Mr. Murray Smith
...
Mr. 1\Iurray Smith ...
16 Nov. P. 1869 Narrates steps taken by him since receipt of despatch of 24th September, No. 673.* Encloses text of the correspondence embodying the understanding respecting the New Hebrides
Mr. Service
The Earl of Derby...
Mr. Antrobns, Colonial Mr. Murray Smith... Office
4.2.
69
17 Nov. 22
68 •Set page
69
"
... Colonial Office
...
1878. 1 Feb.
French Ambassador ...
Foreign Office
...
18 Jan.
...
Foreign Office
...
)!0 Feb.
70
Sir 1\Iichael HicksBeach, Secretary of State for Colonies
Governors of Australian Colonies, &c.
28 l!'eb.
70
Mr. Murray Smith •••
Mr. Service
Foreign Office
Colonial Office
...
1883. 30 Nov. P. 84/57 Full report of interview of Agents-General with Earl of Derby on 23rd November, already given in brief in telegram of 24th November*
Mr. Murray Smith .••
Mr. Service
... ao
Mr. Murray Smith ...
Mr. Service
...
Mr. Service
...
Mr. Murray Smith...
Mr. Service
...
Mr. Murray Smith ...
Enclosures toP. 1869. Correspondence embodying the understanding between Great Britain and France respecting the New Hebrides
30
"
"
20 Dec.
P. 84f56
Has asked Colonial Office what explanation the French Government have made in reply to complaints of Colonies, through Foreign Office, respecting French convicts-is awaiting !'eply
P. 84/58 Forwards copy of telegrams of 26th and 28th November,• in which a form of Confederation was suggested, and explains his views in connexion therewith No. 1403 Arrival of fresh shipment of convicts at New Caledonia-points out how real is the evil of transportation
1884. 3 Jan. No. 84/28 Ragrets that Imperial Government confirmed Understanding respecting New Hebrides without making reference to Australian Governments. Acknowledges efficient representations made by himself and other Agents-General
69 69
70 • See page 64.
71
72 • Set
page 65.
73
74
xii CONTENTS-continued.
TABLE OF
From Whom.
To Whom.
----------1------~----· ---~---
Date.
-·-
------~-
No.
I
Subject.
1883. 7 Dec. P. 84/127 States that the Resolutions of the Sydney Convention, re Confederation and Annexation, have been received with great approval in Great Britain
Mr. Murray Smith ...
Mr. Service
Mr. Murray Smith . ..
Mr. Scrvio:e
7
Mr. Murray Smith . ..
Mr. Service
14
Mr. Murray Smith ...
Mr. Service
Page.
- - - - - - - - - - - - - - - - - - - - - - 1 -·75
"
P. 84/128 Forwards copy of despn.tch from Sir F. Dillon Bell to Colonial Office on the position as regards restraint or liberty of the Recidivistes on their arrival m New Caledonia, and copy ofletter from Colonial Office in reply to his communication of 29th November inquiring what reply the French Government had made to representations
76
"
P. 84/229 States that the French o.re making great strides in the Pacific. Encloses in proof copy of Journal O.fficiel of 15th October, 1883; also report of Consul Miller. Encloses copy of letter from leading city firms to London Chamber of Commerce, requesting it to urge on Colonial Office such steps as will divert emigration to British Colonies ; also to urge the adoption of some scheme for unifying Great Britain and her Colonies by Federation
79
P. 84/334 Forwards copy of precis by Sir I<'. D. Bell
80
of article in Journal Officiel respecting French establishments in Oceania Mr. Murray Smith ...
1884. 4 Jan. P. 84/385 Forwards article kindly supplied by Mr. Seward from La Gironde respecting Annexation policy of Australian Colonies
Mr. Service
Mr. Murray Smith ... Mr. Service
Mr. Murray Smith .. . Mr. Service
Mr. Service Mr. Service
...
11
...
"
P.84/480 Gratified at approyal of efforts. Will communicate with Colonial Office as to political status of New Hebrides. Is still without reply to letter of 29th November (copy enclosed), m which he asked Colonial Office what answer French Government had made respecting transportation of convicts
20 Feb. P. 84/505 Telegram.-Reports important interview with Sir Robert Herbert. No Annexation without Confederation. Resolutions should be passed by Colonial Parliaments early. Guarantee of £10,000 would secure appointment of interim High Commissioner, with enlarged powers
83
86
86
Premiers,&c.,ofAus- 21 tralian Colonies
"
No. 84/ 467
Telegram.-Communicates the above
87
Mr. :Murray Smith...
11
No. 84/ 55i
Eulogizes Agent-General upon conduct of affairs. Animadverta on neglect of Colonial Office to reply to letter of 29th November. Urges that if the Recidivi.~tes Bill be passed, complications may arise of most serious import to Imperial interests. In re Federation.-Trusts that no risk will be run of Enabling Bill not being passed in present session of Imperial Parliament
87
28
...
Xlll TABLE OF
From Whom.
CoNTENTS-continued.
Date.
To Whom.
No.
Page.
Subject.
------------------- ------------------1----------------l----------------------------------------
Mr. Murray Smith ...
Mr. Service
...
1884. 25 Jan.
Mr. Bramston, Colonial Mr. Murray Smith... Office
18
Mr. Service
Mr. Murray Smith ...
12 Mar.
Mr. Service
.. . Mr. Murray Smith ...
13
Mr. Murray Smith . . . Mr. Service
. ..
P.84/615 Encloses copy of reply of Colonial Office to his letter of 11th January, P. 84/480 •
Enclosure to above. Reply to Agent-General's inquiry of 29th November, as to what reply French Government had made to representations on subject of Recidivistes Bill
88
No. 84/ 630
Encloses copy of a published letter from Rev.D.Macdonald, Missionary, respecting certain proceedings of French officials in the Western Pacific
89
No. 84/ 645
Comments upon reply of Colonial Office to 91 Agent-General cf. P. 84/615.• Complains •&e pag of unsatisfactory nature of letter of 18th 88. J from Colonial Office, Te Recidinothing short of total excision of W astern Pacific from schedule will be satisfactory. Again alludes to danger of international complications if Bill pass
"
"
8 Feb.
88 •SM :pag 86,
P. 84/721 Forwards copy of letter to Secretary of 92 State, despatched on receipt of No. 1403, of 20th December "' •;pag &e 7:1
Mr. Murray Smith ...
The Earl of Derby...
8
Mr. Murmy Smith .. .
Mr. Service
22
...
Enclosure to P. 84/721. Expresses regret at scantine;;s of information given in Mr. Bramston's letter. Communicates substance of Mr. Service's letter, of 20th December, No. 1403. Points out danger to Australia from already existing transportation system, and still more from that proposed under Recidivistes Hill. Draws particular attention to Resolution No. 7 of Australasian Convention, inviting Her Majesty's Government to make representations to .France, with a view to discontinuance of transportation to the Western Pacific
"
,
P. 84/826 Confirms telegram P. 84/505, ante"'
of
20t,h
February,
92
93 page 86
Mr. Murray Smith ...
Mr. Service
7 Mar. P.84/946 Forwards copy of letter from Colonial Office re Recidivistes Bill. Letter of 8th :February will be communicated to Lord Lyons
Mr. Bramston, Colonial Mr. Murray Smith... Office
18 Feb.
Enclosure to P. 84/946. Agent·General's letter of 8th February has been forwarded to Foreign Office. Lord Lyons continues to press on French Government colonists' objections to Transportation
93
93
XIV TABLE OI;'
From Whom.
To Whom.
CONTENTs-continued.
Date.
Mr. Murray Smith
Mr. Service
1884 ... 21 Mar.
Mr. Murray Smith
Mr. Service
21
Mr.EvelynAshley,Par- Mr. Murray Smith... liamentary UnderSecretary, Colonial Office
19
Mr. Murray Smith
Mr. Service
28
Mr. Murray Smith
Mr. Service
...
"
No.
Subject.
P. 84/ 1066
Encloses copy of letter from Lord Lyons in reply to his communication of 12th March. Having seen Earl of Derby, hopes yet for some modification of French Bill
94
P. 84/
Re Federation.- Forward~ copy of letter
94
1067
95
P. 84/ 1104
Statelol thnt, through courtesy of Lord Derby, he has had an interview with M. "\Vaddington, French Ambassador in London, who undertook to again communicate with his Government respecting Transportation
95
P. 84/
Telegram.-Speech of Lord Rosebery in House of Lords, 'l'irnes articles, &c., produced great effect in England. Time arrived for fresh united action bv Colouies. French Bill at delayed·
95
P. 84/ 1001
Telegram.- Ha3 instructed Queensland Agent-General to protest. against Into report of W esteru Pacific Commission. Has communicated with Premier of New Zealand respecting drafting Bill for exclusion of .French Criminals
95
"
No. 84/
Telegram.-Thinks separate action ~hould be avoided. Convention Committee should be medium of communicntion on federal and kindred subjects. Agrees stand should be made re Recidivistes. Is sending Circular Telegram to Premiers
91
"
No. 84/
Circular Telegram.-Draws attention to recent London Telegmm (19 April) indicating persistence of Franco in Recidiviste legislation. Inquires views as to conrse desirable to purlolnc
96
"
1000
Mr. Service
21
Mr. Service
M1·. Griflith
22
Mr. Service (as Chair- Premiers, &c. man of Committee of Premiers appointed by Convention)
24
Mr. Griffith
24
Mr. Giblin ...
Mr. Griflith
Mr. Service
Mr. Service
Mr. Service
25
25
from Parliamentary Under-Secretary for Colonies, giving his remarks made in House of Commons on the Report of the Western Pacific Committee and on Federation Enclosure to P. 84/1067, re Western Pacific Committee.-Imperial Government does not agree with many of the views and statements, and is in no way responsible for the Report. Re Federation.- If Colonial Legislatures pass Resolutions by June, or thereabouts, that will give Imperial Government time to iutroduce a Bill
"
17 Apr.
Mr. Griflith
Page.
"
"
"
921
956
P. 84/ 1045
P. 84/ 1046
P. 84/ 1050
Telegram.- Forwnrds copy of telegram mentioned above, P. 84/1001.* Will have a llill re Recidivistes drawn np before Queensland Parliament meets
96 *See page V5
Telegnun.-Thinks a meeting of the Committee re Rf:cidivistes question should be held in Mclbomne, if no modification in French llill expected
9'"
'fclegrum.-Could not attend n meeting of Committee. Best conrse to submit to Legislatures stringent Bill against landing of French Criminals, and make known our action
97
XV
TABLE }'rom Whom.
CoNTENTs-continued.
OF
To Whom.
Date.
so.
Subject.
Page.
--
.. .
1884. 29 Apl.
Mr. S ervice
...
1 May
Mr. S tu art
...
2
...
3
5
...
...
Mr. S ervice
Mr. Stuart •••
...
Mr. Service
...
Mr. Bray
Major Atkinson,Prcmier Mr. S ervice of New Zealand
...
Mr. S tu art
...
Mr. Stuart ...
...
Mr. Service
...
6
Mr. Stuart ...
...
Mr. S ervice
...
6
Mr. Service
...
Mr. S tu art
...
6
Mr. Serviee
...
Prom iers, &c.
...
6
Mr. Service
...
Mr. Murray Smith ...
7
Major Atkinson
...
Mr. S ervice
...
7
...
Mr. S erviee
...
...
Mr. S ervice
...
Mr. Giblin
...
97
P. 84/ 1128
Objects to convening of Committee, and gives reasons. Thinks Colonies should prepare addresses to be sent to Secretary of State by respective Governors
97
"
No. 84/ 1047
Telegram.-Concurs in Mr. Stuart's views, as do some other Premiers also. Suggests postponement of his proposed Memorandum to Governor of New South Wales in order that Colonies may send an Identic Note
98
"
P. 84/ 1144
Tclegram.-Thinks that before attempting overt action Colonies should await final form of Recidivistes Bill. Sir Frederick Whitaker preparing Draft Bill to meet emergency of French Bill becoming law. Thinks Colonies should agree on Bill
98
"
No. 84/ 1060
Telegram.-Seeks concurrence in Circular Telegram which he proposes issuing to Premiers, submitting Identic Telegram for transmission by each Government to Secretary of State. Such concerted action sufficient at present ; a Memorandum to Governor can be left to individual Governments
99
"
P. 84/ 1169
Telegram.-Proposes another form of Identic Telegram, in lieu of that proposed by Mr. Service
99
"
P. 84/ 1170
Telegram.-Now proposes another form of Identic Telegram, as an amendment on the amendment proposed by him in P. 1169 above
99
"
No. 84/ 1077
Telegram.-Will adopt your second suggested telegram
g9
llOO
Mr. Service
Mr. Bray
Telegram.-Suggests that Mr. Service draft telegram for transmission through respective Governors ; will join in any action agreed upon
P. 84/
,
No. 84/ Circular Telegram.-Replies have now been 1072 received to No. 84/956,* suggesting (a) immediateidenticProtestfrom all Colonies against Recidivistes Bill (to be telegraphed to Secretary of State through Governors); (b) preparation by Colonies of stringent protective measure in event of French Bill becoming law. Submits form of Identic Protest
100 *Set pag• 96.
"
No. 84/ Telegram.-Protest by all Colonies in pre· 1079 paration
100
"
P. 84/ 1202
Telegrarn.-Agrees as to sending Identic Protest. Suggests an amendment
lOO
7
,
P. 84/ 1201
Telegram.- Agrees to proposed Identic Telegram
lOO
7
,,
P. 84/ 1200
Telegram.- Agrees to proposed Identic Telegram
lOO
xvi TABLE o~· CONTENTS-continued.
From Whom.
To Whom.
Date.
Mr. Griffith
. . . Mr. Service
1884. 7 May
Mr. Stuart ...
••.
8 "
Mr. Service
No.
Subject.
P. 84/ 1199
Telegram.-Sydney Convention has done all proposed by proposed Identic Protest. 'Thinks more effective to acquaint Imperial Government indirectly that Colonies determined to adopt prohibitory measure against New Caledonia, should French Bill pass into law
101
P. 84/ 1207
Telegram.-New South Wales has despatched its own telegram independently, and varied yet again from P. 1170 above•
101
Page
*Set
page 99.
Major Atkinson
. •• Mr. Service
8 "
P. 84/ 1205
Telegram.-Suggests that Victoria send Telegram at request of other Colonies
101
Mr. Stuart ...
.. . Mr. Service
6 "
P. 84/ 1221
Encloses copy of Memorandum to the Governor of New South Wales. States reasons for having sent to the Secretary of State a telegram different from that adopted by other Colonies
101
Mr. Stuart ...
...
8 "
P. 84/
States that New South Wales is unanimous in regard to Recidivistes question
104
9 "
P. 84/ 1224
Telegram.-Re Identic Protest.-Suggests insertion of word " continued " before word "emphatic," so as to recognise efforts already made by Imperial Government
104
10 "
No. 84/ Telegram.-Asks that Identic Protest be 1117, despatched. Mentions Mr. Griffith's 1118 suggested insertion of a word
105
... 10 "
No. 84/ Telegram.-Similar to preceding. Adds 1119 that discussion of amendment, as suggested in P. 84/1202,* would have caused delay ·
105
Mr. Griffith
... Mr. Service
Mr. Bray { Mr. Giblin
Mr. Service
Mr. Service
Mr. Service
.. • Major Atkinson
"'} ...
1222
100
Mr. Service
... Sir William F. Stawell, 10 , Administrator of the Government of Victoria
No. 84/ Forwards copy of Identic Telegram for 1120 transmission to Secretary of State for Colonies
105
Mr. Service
...
No. 84/ Telegram.-Approves and has inserted sug1121 gested word in Identic Protest, and recommended it to other Colonies. Asks that telegram may be despatched to Secretary of State
106
Mr. Service
.. . Mr. Murray Smith ...
No. 84/ Expresses satisfaction at Agent-General's 1063 interview with Lord Lyons, hut regrets attitude of France. The question emphatically one for amicable settlement. Desires thanks to Earls of Derby an4 Granville for arranging Agent-General's interview with M. Waddington. States action proposed re Identic Telegram. 11~ncloses copy of Trades Union Delegates' Resolutions
106
Mr. Griffith
... 10 "
6 "
·········-··--·-·-------·-----
XVII TABLE OF To Whom.
From \Yhom.
CONTENTs-contimted.
Date.
No.
Subject.
Page.
-Mr. Service
...
Mr. Murray Smith ...
1884. 20 May
No. 84/ 1215
Informs of despatch of Identic Telegram. Encloses copy of Minute from Mr. Stuart to Governor of New South Wales consequent on arrival in Sydney of convict expirees from New Caledonia.* Victoria awaiting results of previous negotiations. If unsuccessful, effective legislation against Recidivistes will be enacted.
107
'" Sec P. 84/1221 of page 101 ante.
Mr. Murmy Smith
No. 3B.
...
Mr. Service
...
3
"
P. 8-!f 1437
u
Telegram.-Recidivistel Bill. Report of Committee of French Senate unsatisfactory, only modifying original proposals of the Assembly in respect of tribunals and political offenders. N cw Caledonia and French Guiana iu schedule of the Bill.
109
ANNEXATION OF ISLANDS, FEDERATION OF AUSTRALASIA, AND TRANSPORTATION OF FOREIGN CONVICTS.
TELEGRAM. THE PREMIER oF VICTORIA TO THE AGENT-GENERAL, LoNDON.
Melbourne, 18th April, 1883.
No. 3187.
Promptly and earnestly support action of Queensland Government in annexing New Guinea.
P. 45. THE AGENT-GENERAL OF VICTORIA TO THE CHIEF SECRETARY OF VICTORIA.
866j83.
8, Victoria Chambers, Westminster, S.W., 20th April, 1883.
Sm, I have the honour to acknowledge the receipt of your telegraphic despatcb of the 18th instant, instructing me promptly and earnestly to support the Government of Queensland in its demand for the Imperial recognition of its annexation to New Guinea. Immediately on its receipt, I placed myself in communication with the Agent-General for that Colony, informed him of my instructions, and offered my services and co-operation to him in accordance with their spirit. I then waited on the Under-Secretary of State, Sir Robert Herbert, and communicated to him a copy of your despatch for the information of the Earl of Derby and Her Majesty's Ministers. You will observe from the reply of the Parliamentary Under-Secretary for the Colonies in the House of Commons to the question asked by Sir George Campbell last night (of which I enclose a report) that the formal decision of Her Majesty's Government is defmTed until the alTival of despatches from Sir Artlmr Kennedy ; but I have little doubt that the action of the Queensland Government, which is strongly sustained by public opinion here, will be sanctioned and supported by the Imperial authorities. I have, &c., R. MunRAY SMITH. THE HoNORABLE THE CHIEF SECRETARY' MELBOURNE.
THE ANNEXATION O:F NEW GUINEA. Sir G. Campbell asked the Under-Secretary of State for the Colonies whether Her Majesty's Government had any reason to believe that Her Majesty's Governor of Queensland was 1\ party to the invasion of New Guinea; whether they had immediately repudiated the annexation of that island in the name of Her Majesty, or allowed it to stand till receipt of the despakh from Queensland; whether, in case the Governor was n party to the proceeding, he had been recalled ; and whether the naval officer it1 command of Her Majesty's vessels in the Southern Seas had orders to stop the filibusterers, or would such onlers be despatched to him. Mr. Ashley.-The only reply I can give to the first question i,; that the telegram which I read to the House came from Sir Arthur Kennedy himself. Beyond that we know nothing. As to the remaining qae,;tion, the Government has not thought it. necessary in the absence of information, which is promised by uext mail, to take the strong measures pointed at by my honomble friend. n z
2 THE PREMIER OF VICTORIA TO THE AGENT-GENERAL, LONDON.
No. 3.
Premier's Office, :Melbourne, 1st June, 1883.
Sm, I have the honour to acknowledge the receipt of the letter from your Office, No. 866, dated 20th of April, reporting the steps which you had taken to represent to the Secretary of State for the Colonies the sympathy of Victoria in the Annexation of New Guinea to the Empire by Queensland. I have to express the approval by the Government of your action, and I trust that the measure in question may yet receive the endorsement of the Imperial Government. I have, &c.,
R.
J AMES
MuRRAY SMITH, EsQ., AGENT-GENERAL FOR VICTORIA, Lo~TDON.
SERVICE,
Premier.
TELEGRAM. THE PRE~IIER TO TilE AGENT-GENERAL.
No. 53a.
Melbourne, 12th June, 1883.
Governor has sent to Lord Derby following:-" Ministers represent strong feeling here that Annexation or Protectorate New Hebrides and Islands up to New Britain is essential future welfare these Colonies, and strongly urge immediate action." Other Colonies join in representations. Back it up strongly and urgently. If authorities object to expense, think Colonies would contribute.
TELEGRAM. THE AGENT-GENERAL TO THE PREMIER.
London, 11th June, 1883.
* * * * Pacific Islands. Saw Sir Robert Herbert. Am arranging for deputation. Expense an important factor. Difficulty apprehended from the understanding with France about New Hebrides, and public feeling here against sweeping Annexation policy. No. 97.
TELEGRAM. THE PREMIER TO TilE AGENT-GENERAL.
Melbourne, 23rd June, 1883. Annexation must not be confused with general Annexation policy. England should do for Australia what Australia cannot do for self. Great dissatisfaction if England fails to secure our future. Several Colonies agree contribute towards expense -possibly all join. No. 103. THE PREMIER TO THE AGENT-GENERAL.
Premier's Office, Melbourne, 23rd June, 1883.
Sm, '\Vith reference to recent telegraphic despatches on the subject of the desired Annexation to Great Britain of the New Hebrides and neighbouring islands, I now beg to inform you that on the 18th instant I addressed a despatch to His Excellency
3 the Governor, submitting copies of documents bearing on the subject, and setting out the salient points of the case. Of * this despatch and its enclosures, I now transmit herewith a few copies, which you will please observe are marked "confidential." I have, &c.,
J AMES
SERVICE,
Premier.
P. 210.
TELEGRAM. THE AGENT-GENERAL TO THE PREMIER.
London, 28th June, 1883. Pacific.-Long interview Blyth, Bell, Samuel, Archer, self 1\-rith Lord Derby. Ashley present. All arguments fully stated. Lord Derby appeared impressed by gravity of question. Requested views might be submitted in joint statement. . Undertook place matter before Cabinet.
No. 156.
TELEGRAM. THE PREMIER TO THE AGENT-GENERAL.
Decision Guinea most disappointing. tion or Protectorate. P. 288.
Melbourne, 5th July, 1883. Australia must persist pressing Annexa-
TELEGRAM. THE AGENT-GENERAL TO THE PREMIER.
London, 7th July, 1883. Annexation.-Believe tendency public and official opinion !ITadually favouring Protectorate. Consideration of expenditure prominent. Colonies might, with advantage, make specific propositions joint contribution.
No. 169.
TELEGRAM. THE PREMIER TO THE AGENT-GENERAL.
Melbourne, 11th July, 1883. Annexation.-French movements in these seas indicate danger to Hebrides. Government ask both Houses to-night to resolve Annexation or Protectorate desirable, and guaranteeing contrilmte expense. Expect affirmed unanimously. Protectorate probably preferable at present. Great meeting Town Hall getting up requisition, signed by the Bishop, Judge Higinbotham, and leading citizens, favour supporting Government action. Intense disappointment .if France anticipates England. Press Lord Derby speedy action.
No. 175.
TELEGRAM. THE PREMIEH TO THE AGENT-GENERAL.
Melbourne, 12th July, 1883. Annexation.-Parliament unanimous and enthusiastic as expected. Governor wires Lord Derby to-day-do not relax efforts. *See Parliamentary Papers on Annexation of Islands,-Session 1883, No. 23.
4
P. 380.
TELEGRAM. THE PREMIER OF QuEENSLAND TO THE PREMIER OF V ICTOIUA.
Brisbane, 18th July, 1883. I have received the following cablegram from our Agent-General:-" Reply from Minister to Government posted last mail, disapproved proceedings Queensland Government. Believes no Foreign Power intends Annexation. If Colonies provide reasonable annual sum for expenses, Deputies of High Commissioner on coast of Guinea, Government will strengthen Naval forces on station-signed Archer." This evades the question of a Protectorate or Annexation. Why should we bear expenses until one or other is secured ?
P. 375.
TELEGRAM. THE AGE~"'T-GENERAL TO THE PREMIER.
London, 19th July, 1883. Agent-General's statement for Imperial Government prepared, but Adelaide withdraws as regards Islands, which will utterly destroy effect of our arguments. Forward copy this message other Governments, and jointly urge Adelaide not separate herself from common action ; we all concur impossible proceed effectually unless united.
No. 208a.
TELEGRAM. THE PREMIER OI<' VICTORIA TO THE PREMIER OF SouTH AusTRALIA.
Melbourne, 19th July, 1883. Perfectly astonished at following message just received from our AgentGeneral Agent-Generals' statement for Imperial Government prepared, but Adelaide suddenly withdraws as regards Islands, which will utterly destroy effect of our arguments. We all concur impossible proceed effectually unless united.-Murray Smith, Agent-GeneraL" Surely Adelaide will not withdraw from the general concert ? Private telegram from London this morning says, " Victory safe if we persist unitedly." Do not desert us in the hour of victory. Kindly reply on receipt, and eRable me to wire to London that all is right.
P. 381.
TELEGRAM. THE PREMIER oF SouTH AusTRALIA TO PREMIER oF VICTORIA.
Adelaide, 20th July, 1883. This Government is quite willing to urge annexation of New Guinea. We wired to England through the. Governor in favm1r of an:1exation of Pac!fic Islands, but after statement of Impenal Government that there IS an understandmg between EnO'land and France as to these Islands, we are satisfied that it is better to let the qu~stion of annexing them rest for the present. We have instructed Agent-General this week to support annexation of New Guinea.
No. 233.
TELEGRAM. THE PREMIER TO THE AGENT-GENERAL.
Melbourne, 24th July, 1883. Eno·land must act promptly and firmly. Latest news Noumea shows t:~;reat danO'er. Intense indignation here if France is allowed to make Hebrides cesspit for con~icts. Consider this as cri:::~is Australian history.
5 P. 402.
THE AGENT·GE!-."ERAL TO THE PREMIER.
8 Victoria Chambers, Westminster, 15th June, 1883.
1311/83.
SIR, Referring to your teleo-raphic despatch of the 9th instant on the above subject, which reached me on the llt~, I have the honour to report that, on that day, I waited on the Under-Secretary of State for the Colonies, and laid a copy of your message before him, in which course I was followed by the Agent-General for New Zeahtnd. The Agent-General for New South '\Vales also received a message from his Government, endorsing your action, and I understand from Sir Robert Herbert that the Governor of South Australia had, at the request of his .Ministers, telegraphed direct to the Colonial Office. The Agent-General for Queensland did not receive instructions until somewhat late, lJut has now been advised to act in co-operation with us, and we have requested the Earl of Derby to receive a deputation on the subject. Mr. Archer was under the impression that this new request might somewhat interfere with the previous application made by his Queensland Government with reference to New Guinea, and this, I find, is the prevalent opinion here, it being supposed that the scheme of Annexation is too sweeping. It is better, however, as it appears to me, that the whole question should he discussed at once, especially as the Earl of Derby has been quite alive to the possibility of this further demand, and has indeed publicly alluded to it. Two points are specially presented for consideration with reference to this question of Annexation. First, the cost. The Home Government say :-Our policy is against Annexation; we do not believe in its advantages, and we cannot ask the British taxpayer to be at the cost of such enterprises. If they are for the benefit of the Australasian Colonies, will they defray the cost of a Protectorate, or such further expenditure as may be unavoidable ? To that question I think we must, as Australiaps, be prepared with an answer. The occupation of these islands is for the present safety and future welfare of Australia and New Zealand, not of Great Britain, and I trust we shall all, as representatives, be enabled to make the promise which will certainly be demanded from us. The second point is one which more nearly eoncerns the mother country in foreign treaties and engagements. The French, who intend apparently to become our rivals in Colonial enterprise, have long held claims upon the New Hebrides, and already have, in their public prints, called attention to this fact. . Other nations have also been disposed to look out for territory in theee quarters, and our demand therefore is one which requires to be carefully and fillly examined, as involving important and, perhaps, at present, unforeseen consequences. The Government must also feel strongly pressed by their former declarations and their general policy. I trust, however, that we shall be able to lay a good case before the Secretary of State for the Colonies. I have the hou'our to be, Sir, Your most obedient servant, TnE HoNORABLE THE PREMIER, MELBOURNE.
RoBT. MuRBAY SMITH.
(Newspaper Excerpt-Enclostwe to P. 402.) FRANCE AND ENGLAND. Paris, Wednesday Night. Though International polemics are, as a rule, of limited interest to English readers, the authority which attaches to the Journal des Debats, and the care with which it endeavours to meet and refute the arguments put forth in a leading article which appeared in TIM Standard recently, render the reply, which bears the signature of M. Gabriel Charmes, worthy of special attention. The Debats is convinced that sooner or later England will find out the mistake she is committing in " treating France with a friendly severity bordering on impertinence" in drawing her attention to the dangers which her new Colonial Policy cannot fail to bring upon her. The jom·nal reminds us that it has always been conspicuous among the French
6 press in considering a cordial understanding with England as the pivot of the Foreign Policy of France. It proceeds : "We read quite lately in The Standard that it was folly on the part of France to think of prosecuting simultaneously a great maritime and Colonial Policy and a leading Continental Policy. Our confrere across the chan nel pointed out to us that in order to attain one of these ends we must sacrifice the other, and to prove th1s as:;ertion it complacently enumerated all the European revolutions and territorial redistributions of which the British Government was content to remain a passive looker-on, without trying to prevent their outbreak or temper their consequences. The Standard was careful to include very conspicuously in its enumeration the annexation of Alsace and Lorraine by Germany, which no one in London dreamt of opposing. Eh, mon Dieu I we know better than most people with what indifference England looked on whilst her old Crimean ally was being crushed. Among our neighbours friendship is never allowed to enter into competition with interest. One thing alone preoccupies England, namely, the extension of her commerce and the development of her Colonial power. For close upon a century she has concentrated her efforts on that one point, whilst France, after allowing her Colonies to perish, indulged in Continental adventures, where she suffered disasters almost equal in extent to her glory, and which culminated, alas! in the dismemberment of her territory. That lesson has not been thrown away upon us. Doomed by circumstances and our own faults to play an inferior part in Enrope, we asked ourselves whether perchance England was not right, and whether it would not have been better for us to follow her examplewhether, our position on the Continent being sufficiently strong to secure us against any ri~>k of aggression, it would not have been a happy inspiration to employ our activity on the high seas, and by the side of the English, to achieve some profitable undertaking. Our Continental Policy has brought us no reward but disaster and disappointment. England has reaped nothing but profit from her Colonial Policy. Is it not therefore quite natural that we should come to the conclusion that the course pursued by England has toisdom to recommend it. But there is more to be said. On a closer inspection we discovered that a Colonial Policy was not only extremely profitable, but also exempt from those complications and difficulties with which a Continental Policy is fenced round. What we have expended in energy, courage, men, money, resources of all kinds, heroism, and even genius, to arrive first at the creation of the Holy Alliance, and then at the foundation of Italian and German unity, is really incalcnlable. To conquer and retain onefifth of the habitable globe England simply trusted to average stedfastness of purpose and a judicious investment of her wealth. The English papers, a few days ago, told us, with thoroughly British taste, of our swords which the German battalions found so blunt. Blunt though they be, we believe they are quite capable of doing good service in all possible battles of the Tel-el-Kebir type.'' The Debats then proceeds to deal in precisely the same spirit with the contingent possibility of the Colonial Policy of :France bringing her into collision with England. "The papers threaten us with the possible hostility of England. They must pardon us for doubting it. The enmity of England we should of course be very sorry to incur. But we know our neighbours well enough to see the wide difference that exists between their words and their deeds. Our unpardonable backsliding in Egypt has convinced them that we were a set of trernhleurs whom words could frighten. When they discover their mistake, and that a moment's fault does not imply final degeneracy, they will remember that their interests are intimately connected with our own, and that if we are in contact witlt tltem on evety point of the globe it is not to war the1J will summon us, but to a pacific struggle for progre~>s and civilization." What renders this article more than usually significant is the fact that beyond all tloubt it accurately embodies the feeling of the .French Foreign Office.
P. 433.
TELEGRAM. TIIE AGENT-GENERAL TO TilE PREMIER.
London, 24th July, 1883.
*
*
Joint despatch presented yesterday without Adelaide, calling special attention outrageous measure now before French Assembly to transport habitual criminals to Pacific. I and other Agents in constant conference and accord. Will not relax efforts. Inform other Cabinets.*
P. 492a.
TELEGRAM. TIIE PREMIER OF NEW ZEALAND TO THE PREMIER OF VICTORIA.
\Vellington, 31st July, 1883. Assembly approves Government action, Annexation. Desires British rule established unoccupied islands ; but House desires, before increasing taxation, statement contribution Imperial Government requires. --* Note.- The purport of P. 433 was communicated by wire to the other Australasian Colonies. ~~~~------~-----
----------------~--~-----
7
No. 291.
TELEGRAM. TIIE PREMIER OF VICTORIA TO TIIE PREMIER OF NEW ZEALAND.
Melbourne, 31st July, 1883. Thank you for your telegram respecting Government action re Annexation. Much gratified at the general unanimity.
P. 543.
TIIE AGENT·GENERAL TO TIIE PREMIER.
8 Victoria Chambers, Westminster, 29th June, 1883.
1449/83. Sm,
Since I addressed you on the above subject on the 15th instant, I have had the honour of receiving your telegraphic despatch of the 23rd, which has my best atten· tion, and which arrived very opportunely. In answer to the request of the Agents·General of the Australasian Colonies, Lord Derby, after some delay, fixed yesterday, the 28th, for receiving our deputation, and we accordingly waited on him, having previously discussed very carefully the subjects to be brought before his notice. The representatives of New South ··wales, South Australia, New Zealand, Victoria, and Queensland were all present, and were received by Lord Derby and Mr. Evelyn Ashley, the Under·Secretary, without any reporters or other parties being in attend· ance, which probably enabled us to discuss the questions raised at greater length, and in a less formal manner than could otherwise have been done. As you will notice by enclosed report, Sir F. Dill on Bell was selected to introduce Olll' views to Lord Derby, and we had an opporttmity of urging on His Lordship, during a lengthened interview, the serious nature of the question, and the strong interest which the Australian Colonies feel in the successful result of our application. I read your telegram, which gave full evidence of the Victorian sentiment, and I believe we left Lord Derby profoundly impressed with the gravity of the situation. He requested us to embody our views in a joint memorandum, which he undertook to lay before the Cabinet, and we shall probably have this document prepared during next week. Lord Derby expressed himself as not fearing any foreign occupation, in spite of the activity of French colonial enterprise, regarding their present operations as likely to occupy them fully for some time to come. I have the honour to be, Sir, Your most obedient servant, RonT. MuRRAY SMITH.
(Enclosure to P. 543.) The Agents-General for South Australia, New Zealand, New South Wales, Victoria, and Queens· land had an interview, at the Colonial Office yesterday, with the Earl of Derby, on the subject of the pwposed annexation of the New Hebrides, the Solomon Islands, and other groups in the Pacific. Sir F. Dillon Bell opeue(l the question, urging the risks of foreign occupation. Mr. R. Murray Smith followed, pointing out the danger and disgrace of a convict settlement, and the risk of a local Alsatia being established as formerly in Fiji. Sir B. Sumuel urged the growing churacter of trade among the Pacific Islunds . .Mr. Archer pointed out the increasing development of Queensland all along the coast. Lord Derby discussed the subject at some length, expressed himself perfectly sensible of the gravity of the question, and requested the Agents.General to embody their views in a joint statement, which he undertook to lay before the Cabinet. Mr. Evelyn Ashley, M.P., wus present with Lord Derby during the interview.
P. 693. 1454a.
Sm,
TIIE AGENT-GENERAL TO TIIE PRE::\-HER.
8 Victoria Chambers, vVestminster, 6th July, 1883.
I have the honour to acknowledge the receipt of your telegraphic despatch of yesterday's date, containing the follo·wing passage relative to the discussion in Parliament of the question of New Guinea:-
8 " Decision Guinea most disappointing. Australia must persist pressmg annexation or protectorate." I take advantage of the chance of overtaking the French mail to forward to you a full report of the discussion in both Houses, and several articles which have appeared in the public press. I believe that public opinion, hitherto imperfectly informed, is gradually maturing in favour of the action of the Colonies. I trust the memorandum of the Agents-General referred to in my letter of last mail, No. 1449, will be ready for presentation early next week, and will afford us an opportunity again to impress on the Secretary of State our sense of the concord and determination of our respective Governments in regard to this great question. I have, &c., THE HoNoRABLE TnE PREMIER, MET.BOURNE.
RonT. MuRRAY SMITH.
( Enclosnre to P. 693.) HousE OF LoRDS, MoNDAY, JuLY 2. COLONIAL ANNEXATION. LoRD LAMINGTON rose to ask the Secretary of State for the Colonies whether he had received any official information that the Victorian Government, in concurrence with the other colonial Administrations, was taking steps with the view of urging on the Imperial Government the importance of annexing the New Hebrides, the Solomon Islands, and other groups in the Pacific ; and if he would state how far any colonial Government was justified in annexing territory, or even in advising a policy of annexation, without the previous consent of the Imperial Government.. He said that the policy of annexation advocated in some of our colonies was a very dangerous policy, and he failed to see how it could be justified in the cases which he had in view. Annexation was like suzerainty, a very grand word; neverthele11s, the Act itself was akin to spoliation, and reminded him of the principle ''they may take who have the power, and they may keep who can." Addressing a deputation on February 8, the noble lord opposite (the Earl of Derby) used these words :-"All I can say is, that I am glad to observe that no suggestion has been made by any speaker, that we should our~elves annex these islands or establish a Protectorate over them. Annexation is not looked on with favour in this country." He was glad to hear that from the noble earl. At the interview to which he referred, the noble lord the Secretary of State for foreign Affairs was present, and the noble lord undertook that the Government would endeavour to come to a formal understanding with France to preserve the independence of the New Hebrides. The real object of these annexations was one connected with the Free Labour question. What, he asked, occurred the other day in Queensland. As soon as the annexation of New Guinea was effected a ship was sent from Port M'Kay to look for labourers whose condition, if not slavery, would certainly amount to servitude. There was abundant evidence to show that servitude would be their unhappy lot. One of the most distinguished of our Colonial Governors -Sir Arthur Gordon-in answer to a deputation which waited upon him on the eve of his departure for Fiji, said : "I trust that in the exercise of the large powers with which it is, I believe, intended to intrust me, on Her Majesty's High Commission in Western Polynesia, I may be enabled materially to check, if not wholly to suppress, those acts of piratical violence which have excited such just and general reprobation throughout the civilized world." An influential paper published at Melbourne said:"Another wail of sorrow and disgrace has reached us from the South Sea Islands-another series of catastrophies has to be chronicled-another page in the history of traffic in regard to Polynesian labour has to be written in blood. The news received last week on the arrival of the Rhoderic Dhu, labour vessel, at this port, is perfectly appalling, but such is the deadening power of being accustomed to the recital of such scenes, that the effect appears to have been but small in the minds of the community generally, and in the Legislative Assembly more particularly. In the House we find what is in effect a defence of the hideous system by the Premier of the country." And Commodore Wilson used these words : "I can hardly imagine any one not interested in getting cheap labour for a moment countenancing the labour trade, or the employment of natives by traders and others. Only a few years ago (1860 and 1865), and even later, much indignation was felt in England because the French Government sanctioned what was known as the "engage trade" between their colonies and Africa. Such was, I know, from personal observation on the spot, nothing but the slave trade under a new name ; but I ask what is the difference between the engaged African and the native labourer recruited from the South Sea Islands? I certainly can see none. If anything, as the African originally costs more, being the more valuable animal, his plight was probably the best. It would undoubtedly be best entirely to stop what is known as the Polynesian labour traffic." The number of natives imported into New South Wales from 1876 to 1881 was 2,345; into Victoria, from 1873 to 1880, 1,959; into Queensland, within a comparatively few years, the large number of 17,329; into New Zraland, from 1871 to 1881, 338; into Fiji, between 1864 and 1869, 16-19, and between 1874 and 1880, 7,395. The Melbourne Argus said:''We have good reason to believe that the Imperial Government is elaborating a scheme for the better government of the Western Pacific and the regulation of the labour traffic. It can hardly be doubted that under existing arrangements many atrocities are perpetrated on the islanders by labour collectors and
9 their agents. After making every allowance for exaggeration, sufficient evidence remains to show a state of affairs that cannot be allowed to continue without disgrace to civilization." It was said that. New Guinea had iron mines, gold mines, and so on, but was that a good argument for annexing it ? The same kind of argument might be used to justify the breaking into a rich man's house. He now came to the second part of his question, which was-what were the powers and what the limits of authority of colonial Governments? If this kind of action was tolerated, one colony after another might proceed to make annexations. He would ask were colonial Governments to be allowed to put this country into what might be called "a fix?" He should have thought that any colonial Governor, before pursuing such a policy, would have to ask the permission of the Colonial Office. He confidently hoped that the noble earl opposite would be able to say that the Government were not disposed to sanction this policy of annexation. He begged to move for papers on the subject. LORD NoRTON said he wished to express a somewhat different opinion from that of his noble friend. He wished to protest against the assumption that annexation by British Colonies of adjacent unoccupied territory, subject to the subsequent approval by the Crown, was so unprecedented a thing as his noble friend seemed to suppose. The policy which his noble friend had called in question had marked every period of our Colonial history, especially the most brilliant. (Hea1·, hear.) !A very considerable number of the Colonies we once had in America, which were now independent States, were annexed to the British Crown in that way. These Colonies had contributed their forces to aid us against our foreign enemies. It was because we had lost that noble feeling of colonization that such fears were expressed. It was because we looked upon Colonies now rather as dependencies which we might have to support that we were afraid of annexation. The first great sign of the decadence of the Romans was their restricting and drawing in the outskirts of their empire, considering that those extremities were a burden upon them, and were unable to support themselves. If, however, we adopted the same principle, we should not have the same fate, because onr Colonies had too mnch of the spirit of growth in them to he stifled by orders from Home. (Hear, hear.) The only question was whether when annexation became necessary the Colony itself should undertake the work, or the Imperial Government should assume the soYcreignty of the uew territory and constitute it a Crown Colony; in short, whether the annexed territory should be a new Colony or shoulu form part of an old one. He could not agree with the noble lord that Colonies would, perhaps, misue their power by maintaining the slave trade, or by confiscating native property ; and held, on the other hand, that it was better to let old Colonies take nu occupied territory into their jurisdiction than to creMe separate little Crown Colonies all over the world. (Hear; hear.) The EARL OF CARNARVON observed that the motion of his noble friend referred to two questions. First, to the possible annexation of the New Hebrides and the Solomon Islands, aud next, to the instructions that were to be given to Colonial Governments and Governors. The !;;lands in question were, no doubt, closely connected geographically with Fiji, New Zealand, and the Australian Continent, hut as it appeared to him, their annexation was not a matter of pressing importance. If the Government received any application or recommendation on the subject from the Colonial Governmcnt.s, it was to be hoped they would carefully consider it, but he would not at this moment urge the case of the New Hebrides beyond that point. He now passPd to the terms of the motion, which embodied some of the inost singular propositions he had ever heard. The notice began by asking the Colonial Secretary how far any Colonial Government was justified in annexing territory, or even in advising a policy of annexation, without the present consent of Her Majesty's Go\'crnment. In ordinary circumstances a Colonial Government was, of course, not justified in annexing territory proprio motlb, and without communication with the Imperial Government, but extraordinary circmnstances might not only justify, but even compel such an act. ln!leed, the whole history of our Colonies showed that they had been originally acquired by seamen, travellers, and commercial ad venturers, necessarily without the knowledge of the British Government, by whom they were afterwards accepted and taken over. The next part of the notice-that, namely, which asked whether Colonial Governments were justified in advising a policy of annexation without the consent of Her Majesty's Government was so surprising that he was at loss to know whether his noble friend could be serious. Could his noble friend possibly think that Colonial Governments ought to he forbidden even the expression of their opinion, or that they would be rendered dumb by an order from the Colonial Office? If so, his noble friend little knew the temper of the great Colonies to which these questions were all important. But perhaps his noble friend alluded rather to Colonial Governors than to Colonial Governments. Coloni1tl Governors often held very peculiar positions, and if they always acted up to the strict letter of their instructions would often fail to be, as their highest duty required them to he, the advisers, both of the Home and the Colonial Goyernment. It seemed to him, if his noble friend meant to deny to Colonial Governors the right of expressing their opinions that that proposition was fully as preposterous as the other. (Hear, hear.) He wished now to enlarge somewhat on the terms of the motion, and to ask what was the opinion of the Government on the subject of the annexation of New Guinea. He was a little surprised that no announcement had yet been made on this question, especially as a long interval had now elapsed since the discussion of the subject in the House, and the Government could not be supposed not to have come to a decision. In the course of the discussion to which he had referred, he had guarded himself very carefully against expressing a definite or distinct opinion as to what should be done, but the papers .that had since been laid on the table of the House had made it possible to form a decided conclusion. Everyone, probably, would admit the unwisdom of sanctioning any annexation of New Guinea by Queensland, which, though a prosperous and thriving Colony, was not as yet very populous, and had not at present developed her resources sufficiently to enable her to bear so great a burden; but the time had, in his opinion, come when the Government might determine what steps should be taken with regard to the seaboard of Australia. As tQ slavery or abuses in the labour trade, it was very easy to rake up extraordimtry stories from the Colonial newspapers; but the importation of labour was placed under very strict statutory restrictions. The Governments and Governors were doing their duty in that part of the world ; aud there was not much fear of real abuses. His noble friend had confounded the action of half-adozen Colonial Governments. To talk of labour trade in New Zealand was absurd ; and as to the abuses in Fiji, the matter was admirably regulated there a few years ago, and he had never heard of anything to lead him to believe there had heen any retrogression since. The simple reason why the Australian Governments desired ~ome action on the part of Her :.\'lajesty's Government, was that they dreaded the
10 establishment of any foreign power on the southern coast. It would be a monstrous thing if any foreign power were to take up a position on the south coast of New Guinea. ~When the question was raised in 1876, he, as Colonittl Secretary, had no fear of the action of any foreign power ; the Government had taken the precaution to satisfy themselves ; they stated so publicly, and their confidence was justified by the result ; but a great change had occurred since that time. It was impossible for us to shut our eyes, and still more for the Australian colonists, to whom this was a matter of life and death, to shut their eyes to the recent action of France, whose rulers hall publicly proclaimed their desire to have a Colonial policy, and who were taking action in Tahiti, the Congo, Tonquin, Madagascar, and possibly other parts of the world. The establishment of a penal colony by France or any other Power on the southern coast of New Guinea would be simply an intolerable nuisance, and the establishment of an armed fort would be a menace to the Australian Colonies. Torres Straits would cease to be English territory, and the result would be to throw an enormous milita1·y burden on the Australian colonies. 1Ve could not understand this question as the Australians did ; as it was to them a matter of life or death, they could hardly view the matter from our cold and impartial standpoint. Another reason why the matter could not be overlooked, and why definite action on the part of the Government seemed to be neceseary, was that there was a great risk of a sort of Alsatin. growing up on the coast. The two shores were sixty or seventy miles apart ; the quiet summer sea could be crossed in open boats ; commercial intercourse was growing up ; and there was every probability of disputes arising. Sir Arthur Gordon was alive to this danger, and reluctantly came to the conclusion that it was incumbent on Her Majesty's Government to consider whether they should not take some steps in the matter. It was absolutely necessary that some discipline should be enforced on the coasts, and the question was how it was to be done. In an analogous case we had enforced discipline by means of what was called the Pacific Islanders Protection Act, which had worked admirably. It gave power to the High Commissioners of Fiji to exercise very large powers indeed, and the t·esult had been to put a stop to most of the practices which his noble friend seemed to think existed at present. There were three classes of persons requiring to be brought under discipline-Englishmen, natives, and foreigners; but this Act applied to Englishmen only ; and it was clear that, unless its powers were greatly enlarged it would not be adequate to meet all possible risks; there was an analogous power on the Gold Coast, which was British territory, and it worked admirably, because English officials had full powers on the coast, the interior being left to take care of itself. The question first came distinctly into view in 1876, when he was Colonial Secretary, and when applications were made for the annexation of the whole or part of New Guinea. The Fiji Islands had just been annexed. He had thought it his duty to propose to the Australian Colonies that this fresh addition to Imperial liabilities should not be undertaken solely on the responsibility of this country. It did not appear to him to be reasonable that the British taxpayer should be required to pay for it exclusively ; and he proposed that each of the Australian Colonies should make a moderate contribu· tion to the outlay. That proposition was declined, though the general sense of the colonists was very far indeed from being unfavourable to it.. Soon afterwards a question was raised as to New Guinea, and he repeated the proposal he had made in the case of Fiji, pointing out that it would be unreasonable and unjust to impose the burden on this country exclusively. He explained his views fully, and intimated that he was not discouraged by the answer he had received, and that he considered the question of annexation by no means closed, and, in fact, as only in abeynnce. In a few years his anticipations had been completely justified. The Australian Colonies had adopted in the case of New Guinea the policy he invited them to adopt in the case of Fiji ; they had expressed themselves ready to accept the entire burden of the expense, and to leave the administration to Her Majesty's Government. In all the circumstances it seemed to him that it was the duty of the Government to consider whether they could not meet the colonists. The question was, comparatively speaking, little understood at home, and we could scarcely appreciate the interest it had for the Australians. He hoped the noble lord the Colonial Secretary would not only weigh his words cnrefully, but would show that he had hearty sympathy with the colonists. (Hear, hear). The EARL OI<' LONGJ!'ORD said the subject was one on which there had been no official declaration for a long time, and Parliament and the public would be glad to hear what were the views of the Government as to the relative positions of this country and the colonies. The DuKE OF MANCHEsTER said it was a gratification to him to hear the declaration of the noble Earl the late Colonial Secretary in favour of annexation. He was certain, from his knowledge of those countries, that the noble earl did not say a word too much ; and he hoped that those arguments would have weight with Her Majesty's Government in whatever decision they might come to on the point. The noble lord who brought forward this subject had observed that the labour traffic was a mere subterfuge for slavery. He could assure the noble lord that that was not at all the case. The inhabitants of Queensland were no more inclined to pmctise slavery than any of their lordships. (Hear). In Victoria and New Zealand there was no coloured labour at all. In Queensland the labour was very jealously guarded. The electoral franchise was very low, a.nd the majority of the electors who belonged to the labouring classes were very jealous of any coloured labour. They had imposed a tax of £10 a head on immigrants from China, and the coloured labour was restricted to the sugar estates on the coast in the tropical part of the colony. The coloured labourers were introduced only for a period of three days ; they were subject to inspection ; and at the end of the term they had to be sent back by the persons who employed them. LORD STANLEY of ALDERLEY remarked that "annexation" was a word entirely foreign to the English language ; it was invented by the Americans. The EARL of DERBY.-I do not know that it would be of any advantage that I should take part, either as a combatant or otherwise, in the interesting conversation which has been carried on on the other side of the table. I quite agree with my noble friend who was formerly Secretary of State for the Colonies in one proposition which he has uttered as to the terms of the question which has been put to me. My noble friend gave notice of his intention to ask me to state how far any Colonial Government is justified in annexing territory, or even in advising a policy of annexation without the previous consent of the Imperial Government. \Vel!, my lords, I apprehend that the right of offering advice, or rather, as I should say, of expressing the wishes and desires of a colonial community is one with which no one would desire to interfere. It is most essential that we should know, whether we agree with it or not, what colonial feeling is upon questions of this kind, and I am very happy to find that the system which has been
11 of late established of giving to the Agents-General for the self-governed colonies what I may call a quasidiplomatic character and position has made it much more easy than it formerly was for any person holding the office which I have the honour to hold to obtain information as to the feeling which prevails in the colonies themselves on local matters. I do not think there is any use in discussing the general argument as to whether annexations are desirable or not, and if they are to take place whether they should be effected on the responsibility of the colony, or on the responsibility of the Home Government. You cannot lay down in such matters, any hard and fast line. (Hear.) Circumstances differ so much that no two cases resemble one another, aud no one ease can be quoted as a precedent for others. Speaking generally, I should think it is the general feeling of this country that our responsibilities are already heavy enough, that our possessions in every part of the world are sufficient to require the utmost care and vigilance, and that it is not desirable to increase either the one or the other. No doubt if, as in this case it has happened, a colonial community itself desiring an increase of its territory undertakes to bear the burden and to take upon itself the administration and the expense, that is a circumstance which alters to some extent the position. At the same time, I think that my noble friend on the second bench, who has taken for many years past a warm interest in colonial subjects, carried his doctrine of colonial independence a little too far, when he contended that a Colony should be left free in its external policy and in the administration of its internal affairs. There is a very wide difference between the two. Whatever a Colony does with regard to its own affairs affects principally those for whom the legislation is taken, but when you come to the question of external policy and of annexation, or of extension, other considerations come in, as even the annexation of islands in the Pacific may raise a question of foreign policy in which the Imperial Government is very deeply concerned. I do not think, therefore, it can be denied that questions of this kind are questions on which the Imperial Government ought to have, as it actually has, a controlling power. Now, my lords, passing from these general considerations, I think the best answer I can give to the question of my noble friend will be to state briefly, and with no more comment than is absolutely necessary, what has actually taken place. When I last spoke on this subject some weeks ago I told your lordships all that I knew, but I knew very little. I knew nothing more than that a ceremony, purporting to be an annexation of New Guinea, had been gone through at the order of the Government of Queensland, and that an explanation of that singular and unusual proceeding was about to be sent home. Well, of course, before expressing any opinion upon the matter, it was nece1sary to hear the explanation that would be given. 1 have now received it, and I am bound to say that it does not throw much fresh light upon the transaction, and that it does not in any way satisfactorily account for the action that was taken. '!.'he explanation given comes to no more than this-that there were strong reports tbronglwut Australia of the intention of some Powernobody knew what Power-to seize upon some part-nobody new what part-of New Guinea. (A laugh.) For these reports it does not appear that there was a shadow of proof forthcoming. They were simply a creation of the anxiety of the colonists in the matter, ~tnd as a matter of fact-and, of course, I have taken all possible pains to inquire-we are tolerably well assured that as regards the leading European Powers, by the only one that was at all likely to interfere in such a matter, no such intention was entertained. My noble friend the noble earl, who was formerly Colonial Secretary, referred to certain designs which he ascribed to France, and he used an argument which seemed to me to cut both ways, and rather to tell against his case than in favour of it. He said "Look at what the French are doing to build up a colonial empire in other parts of the world-in Tonquin and Madagascar." If the French Government, whether with or without the will of the French people, have already undertaken two considerable colonial expeditions, and in all probability have involved themselves in two colonial wars, that is about as good a security as we could have that they will not be in a hnrry to have a third transaction of the same kind. To return, however, to the original question, considering that telegraphic communication existed between Queensland and this country, it woulJ not have involved a delay of more than twenty-four hours to have asked for the sanction of the Imperial authorities before proceeding to this act of so-called annexation. (Hear, hear.) If they did not apply for leave it was in consequence of their entertaining a decided and, perhaps, a reasonable apprehension that that sanction would not be granted. And now, my lords, as to the effect of this former Act, the noble lord wants to know, and he has a perfect right to know, what are the rights and powers of Colonial Governors in such matters. I quite apprehend that the effect of the action of the Governor of Queensland is simply null. A Governor or any official holding authority under a Government exercises that authority within the limits of the jurisdiction assigned to him, but beyond those limits, as I understand the matter, his commission does not go ; beyond those limits, he ceases to be invested with any official power, and an act, therefore, done by him beyond his jurisdiction is no more, in regard to its legal effect, than the act of anybody else. The action of the Governor of Queensland, therefore, in this matter has left things where they were. Of course it may he said that any person, even though not invested with official power, may take possession of a newly-discovered country in the neighbourhood, but it cannot be contended that New Guinea is an undiscovered country, and I do not think it will be contended that if any pas~iug traYeller were to t!tke possession of New Guinea such an act would be held to be valid according to internation!tl Jaw. Now, then, the question arises, ·what is the course which the Government will be prepared to take? My lords, I may say at once, we are not prepared to undertake the annexation of New Guinea. I do not suppose that that deci~ion will be any surprise to your lordships or to Parliament. The enormous extent of territory, the absolutely unknown character of the interior, the certainty that the large native population, numbering several millions, would object to Foreign annexation, and the enormous expense of undertaking to administer such a territory are all reasons which, I think, will be admitted as valid against that course being taken. Even if upon the general question we had come to different conclusions, I think your lordships will agree that it would be practically impossible that the Government of Queensland should take upon themselves the work of holding and administering that country. Queensland has already vast unsettled land. It is a very prosperous and promising Colony, but it is a Colony whose population is exceedingly small in comparison with the extent of the country. I think if you look at the map you will see that the capital is something like 1,000 miles distant from the coast of New Gninea. If, therefore, anything is to be done in the way of conquering and administering New Guinea, one thing is clear, that it must Le done hy the Imperial Government or Ly ihe Australian Colonies acting together, or by both those agencies combined. New fiPiuea was not a country which could be called the dependency of any Colony. I can quite understand the Australian feeling llS to the coast of New Guinea being a oountry which lies within the scope of British influences anti interests.
12 My lords, I purposely use vague and general language, but undoubtedly we should not view it as a friendly act if any other country attempted to make a settlement on that coast. Further than that, we shall be prepared to strengthen the hands of those charged with preserving order in the Pacific Islands, and we shall consider with the Colonies the different means for better securing the order of the country, so far as the British adventurers are concerned. It may be said, "It is quite true you may get jurisdiction over the natives, but you will have no jurisdiction over fo1·eigners." It is a question how far we may obtain jurisdiction over foreigners. It would be seldom necessary to exercise jurisdiction over the natives if their rights or their lands were not interfered with. I do not know th!tt 1 have anything to add except that I shall be prepared to lay upon the table in a few days the correspondence that has passed; there is not very much of it, because I have already given your lordships and the other House of Parliament the earlier correspondence. I ought to mention, in further answer to the question my noble friend has put to me, that I have received within the last few days a suggestion or proposition very much larger than that for the Annexation of New Guinea only. I had an official representation made to me by the Agents of the various Australian Colonies, speaking, and authorized to speak, in the name of their Governments, to consider proposals-first, for the annexation of New Guinea; secondly, ofthe New Hebrides; thirdly, of the Solomon Islands and the islands in the neighbourhood of New Guinea; and fourthly, of those very large and almost entirely unknown islands which lie to the north and north-east of New Guinea, and which occupy, collectively, an area larger, I should think, than that of France and Germany. I could not hold out any great hope that Her Majesty's Government would see that question in the light in which it would be received in Australia, but I am bound to recognise the fact that the Australian people in general, although they certainly do not want any extension of territory, are very strongly impressed with the danger before them if any :Foreign Power, great or small, were to establish themselves in a settlement some hundred miles from the Australian coast. I cannot say I share in that fear. I think they underrate their own powers and their own importance, and that they have really no such cause for fear as they suppo,;e. But, at the same time, with reference to a general opinion of that kinu among the great majority of the inhabitants of such a country as Australia, it certainly is a thing that no wise Minister in this country would ignore, but this question will have to be considered in all its bearings. They did not ask for any immediate action to be taken, they simply wishctl to lay their views before Her Majesty's Govt>rnment, and I asked them to place those views on paper so that they could be laid before the Cabinet, and they could consider them. What I said to these Colonial Agents I will repeat now:-'' If the Australian people desire an extension beyond their present limits the most practica! step that they could take, the one which will most facilitate any operation of that kind, and diminish in the greatest degree the responsib:Iities of the mother country, would be the confederation of those Colonies in one united whole, which would be powerful enough to undertake and to c:trry through tasks for which no one Colony is at pre~ent sufficient." I do not dwell upon that point. I only throw it out as I did to those gentlemen who did me the honour to call upon me, but I think that is really one of the points of the greatest possible importance in dealing with this subject, and certainly in dealing with further Australian questions. (Hear, hear.) THE EARL Ol:' CARNARVON.-There is one question I should like to put in regard to extension. I unuerstood it was the intention of Her Majesty's Government to take some measures to enforce better uiscipline on the southern coast of New Guinea. I should like to know whether it is proposed to do this hy any fresh Act of Parliament, or simply by an Order in Council. TnE EARL OF DERnY.-It only requires an Order in Council. I do not apprehend that any further Act of Parliament will be required. THE EARL OF CARNARVON.-Do you propose to proceed by the same machinery-the High Commissioner of Fiji? 'fHE EARL OF DERBY.-At present in the same way. If that machinery is defective, it is open to us to consider in what way it may be remedied. The motion for the production of papers was then agreed to.
The excerpts enclosed were the undermentioned Times, 3rd July, 1883. Times, 5th July, 1883. St. James's Gazette, 3rd July, 1883.
P. 651. 1589/83.
:~
Pall llfall Gazette, 3rd July, 1883. Globe, 12th June, 1883. 1.lforning Post, 4th July, 1883. Standard, 6th .July, 1883.
THE AGENT-GENERAL TO THE PRE~!IER.
8 Victoria Chambers, 'Vestminster, 13th July, 1883.
Sm, Referring to my despatch of 6th instant, I am as yet unable to advise the cmnpletion of the document which Sir Ji". Dillou Bell undertook to draw up. It is, however, I understand, to be ready for our consideration to-morrow or Monday, the 16th instant, and will, I trust, he presented to Lord Derby on the following day. Meanwhile the subject has attracted great attention, and I have forwarded by present
13 opportunity a further selection of articles and letters from various papers, among which I will specially call your attention to a leading article in the "Statist" and a letter in the " Times," and other papers from Lord Carnarvon. You will perceive that the message which I wrote on the 7th instant was fully justified by the tone of these utterances, and I feel certain that, to the extent of a protectorate, we shall ultimately succeed in obtaining our object. On receipt of your telegram of yesterday, following that of the previous day, and announcing the passage of a resolution by the unanimous vote of both Houses, I waited with this document on the Colonial Office, and was further furnished with the text of the message sent by the Government to Lord Derby. I have formally advised the Colonial Office of the measures taken, and enclose copy of my letter. The present Government) as I have pointed out, find a difficulty in arriving at a decision which will satisfy the Australian Colonists, without offending a considerable section of their supporters, but are disposed, I think, to do more than they will yet promise. They believe that their movements will not he precipitated hy any hostile action on the part of France, but it is obvious that the engagement made in 1878 to respect the independence of the ~ew Hebrides is not less binding on this country than on the French Government. I transmit a copy of the letter written l)y Lord Derby, the Foreign Minister in the Conservative Government, as you may not have seen it. 'Ve shall not relax our efforts in support of the manifest desire of the Australian Colonies, and trust that the object sought may be att:lined by means of our representations. I trust, however, that the course taken by the Victorian Legislature of formally undertaking to contribute to the cost of government will be followed promptly 1Jy New South 1Vales. I have the honour to be, Sir, Your most obedient servant, THE HoNORABLE THE PREMIER, RonT. MuRRAY SMITH. MELBOUR:t-i'E.
(Enclosure No. 1 toP. 651.) THE AGENT-GENERAL TO THE CoLoNIAL OFFICE.
8 Victoria Chambers, Westminster, S.W., 12th July, 1883. MY LORD,
I have the honour to inform Your Lordship that, at the instance of my Government, a resolution was passed unanimously by both Houses of the Victorian Parliament yesterday, in favour of the Annexation of New Guinea and other Islands in the Western Pacific ; or, pending the adoption of such a course of policy, the assumption of a Protectorate over these territories, in order to prevent the establishment of any Foreign Power within them. I am also to inform Your Lordship that the Government and Parliament of Victoria have expressed their willingness to contribute towards the expense of such an nndertaking. I would take the liberty of urging on Your Lordship the eYidence thus afforded of the strength and sincerity of Colonial feeling on this subject, which is further stimulated by the uneasiness excited by French movements in the Pucific, which my Government are of opinion indicate danger to the New Hebrides Group of Islands. I have, &c.,
R.
THE RIGHT HoNORABLE THE EARL 01;' DERBY.
MuRRAY SMITH.
( Enclosttre No. 2 to P. 651.) THE FoREIGN O.~:'FICE TO THE CoLONIAl, OFFICE.
Foreign Office, 1st February, 1878.
SIR, I am directed by the Earl of Derby to transmit to you herewith, to be laid before Her Majesty's Secret,ary of State for the Colonies, a copy of a communication received from the :French Ambassador at this Co~J·t, calling attention to certain articles which luwe recently appeared in the Australian newspapers, advocatmg the Annexation of the Islands of the New Hebrides to the British Crown, and stating that, although the French Government do not attach any great importance to this movement in favour of
Annexation, still, as they themselves have no intentions with regard to this group, they would be glad to receive an assurance to this effect from Her Majesty's Government. I am now to state that Lord Derby proposes, with the concurrence of Her Majesty's Secretary of State for the Colonies, to inform the French Ambassador, in reply to His Excellency's communication, that Her Majesty's Government have no intention of proposing any measures to Parliament with a view of changing the condition of independence which the N cw Hebrides now enjoy. I have, &c., (Signed) T.V. LISTER. THE UlliDER·SECRETARY OF STATE, CoLONIAL OFFICE.
"STANDARD," JULY 6TH.
The refusal of the Home Government to sanction the annexation of New Guinea has already begun to hear fruit in the Australian Colonies. Mr. Gladstone stated yesterday afternoon that the various Governments had sent telegrams expressing their disappointment at the decision arrived at, but he was unable to say what fnrther steps would be taken or proposed. Sir Thomas M'Ilwraitb, who is mainly responsible for the act which Lord Derby and his colleagues have repudiated, assures the Legislative .Assembly of Queensland, whose dreams of a Papuan extension are for the time dispelled, that he will leave nothing undone to give effect to the wishes of the Colonies in the matter, and Mr. Service, the Premier of Victoria, takes the same tone when he "declines to accept as final the resolution of the Imperial Government not to confirm the annexation." These opinions, we may be certain, are only the forerunners of many couched in even less Parliamentary language; for New South ·wales, which in this case is quite as determined as Queensland, has not yet spoken, but it may be safely assumed that Lord Derby's hint to the effect that Her Majesty's Ministers are not likely to take the same view as the Colonists, in reference to the recent recommendation to absorb the islands between Australia and the Fijis, will hardly tend to soften the tone of the Sydney speeches. South Austmlia, ·western Australia, Tasmania, and, despite its distance from New Guinea, New Zealand also, were almost as pronounced as Queensland over the necessity for the annexation of Papua. It is, therefore, not to be expected that the people whose wishes have been thus almost tartly set aside will tamely take the rebuke administered to them on Monday evening, and in a more formal manner now on its way to them in the shape of an official despatch. Nor is it reasonable to suppose that the hardy races who arc rearing np Greater Britains on the other side of the world shoultl calmly turn their cheeks to the smiter, even when it is their parent who administers the chastisement. At all events, they may be permitted to enter their protest, which we may reckon ou receiving within the next few months. And, viewing the question from their standpoint, it is undeniable that they have good grounds for being displeased with " the old country.'' The course taken by Qneenslaud was, no doubt, in no way justifiable in a legal aspect, and was characterized by even more than the modest self-assurance which distinguishes so many of the transactions in which our Antipodean cousins are concemed. But the Colonists acted for the best. They considered their safety in imminent peril, and the salus populi which, with them as with us, is the suprema lex, determined their bold adventnre. Indeed, the majority of Englishmen, so far from being displeased with them, were, in a measure, proud that their Australian brethren were capable of doing things so dashingly. At the same time, the hands of the Home Government could not be forced in this manner, though it will be difficult to persuade any one acquaintetl with the late Sir Arthur Kennedy that he sanctioned the annexation without having a shrewd suspicion that he was meeting the unofficial views of Her Majesty's advisers. Tilis being the ease, the Colonists must be excused if, rightly or wrongly, they consider themselves rather badly used, and assert that their present comfort and future security have been sacrified to the convenience of the Imperial authorities. That, at least, is sure to be the key-note of the agitators who for a time will have their own way in the Colonies. We do not for a moment imagine that the outcry will have any serious or immediate consequences. The spirit of disloyalty to the mother country is in Australia confined to a small and socially insignificant party, composed mainly of men born and bronght up in the Colonies, and almost exclusively of Irish descent and sympathies. But from time to time, as was the case only a few years ago, when Mr. Berry's party did not obtain from Sir Michael Hicks Beael1 a favourable reception for their proposals respecting an alteration in the constitntion of the Legislative Council, language is applied to the Imperial connexion which no amonnt of political irritation can justify. '.rho repudiation of the New Guinea transaction will affonl an opening for the baser sort of politicians who find their profit in arousing tho passions of the Coloni~ts, and, by alienating popular feeling from the mother country, try to bend it more pliantly to their own purposes. One result, evidently apprehended, if not actually aimed at, by Lord Derby as the outcome of his speech on Mom1ay evening, seems to be a renewal of the project of Confederation. "\'Vere the Southern Colonies confederated, as Canada is, t.hcn, it is suggested, Her Majesty's Government might be inclined. to look with a more friendly eye on such adventures as the annexation of islands twice the size of the mother country. ·we doubt whether the immetliate consequence of the stimulus thus conveyed would be of the kind intended. The Colonists will kick against anything savouring of coersion. Nor has Confederation ever yet been seriously debated by them. A man is ready enough to call himself a Victorian, a Quecnslander, a Tasmanian, or even a \Vest Australian, or a New South Welshman. But he hardly ever gets beyond the parochial feeling, and, moreover, displays an nnimus towards the Colonies to which he does not belong somewhat similar to, though more pronounced than, that seen in some counties of England towards the folk whose misfortune it is to have been born over the border. The different Australian Colonies have separate interests and separate policies, and their methods of viewing Colonial questions are often as widely different as their tariffs. Indeed the practical unanimity shown to the New Guinea annexation i,; one of the mre instances in which they have been of one mind on almost auy step affecting their common interests. In this spirit of rivalry, amounting almost to commercial hostility, there is nothing really reprehensible or peculiar. It existed ln New Zealand when that Colony was divided up into Provincial
15 Gov-ernments, and, to a certain degree, can be noticed still. In Canada, before the period of Confederation, it was very marked, and at the time when Vancouver Island and British Columbia were separate Colon~es, the feeling was so bitter as to suggest to those unacquainted with the real state of matters, two foreign countries on the eve of declaring war. In the old American colonies matters were much the sam~ ~ut the different states and territories are now wiser than to permit their jealousies of each other to precipitate a a. fresh war. Nevertheless, this rivalry does exist, and is likely to continue, in Australia. The Colonist!! are prompt to acknowledge the theoretical advantages of Confederation, but the moment the question is approached from a practical point of view, they are equally prompt in proving to their own satisf~cti.on its impossibilities and uselessness. The free traders of New South \Vales decline to join the protect10msts of Victoria, and the Queenslanders and South Australians, proud in the possibilities of their great lone lands, will never submit to the domination of the members sent up from big, overbearing Melbourne or aristocratic Sydney. This difficulty about representation was the rock on which the proposed South ~frican ~on federation split, and will always be the great obstacle to the union of the Australian Colomes. It Is, of course, needless talking of an Imperial Confederation, for if the Colonies sent members to \V estmin~ter they must always be in an insignificant minority, and liable to be swayed by motives which might not m eve:y case commend themselves to their constituents. Moreover, unless they were prepared to bear their part m the liabilities incurred by the policy of the mother country, and to contribute their share of the common taxation, it would be impossible to permit them to influence by their votes schemes which would in no degree affect those whom they represented. This project may, therefore, be dismissed. The sch~me of Colonial Confederation is more likely to come to something, though every year of peace and prospenty, by fixing in their own grooves the re~pective members of such a dominion of the future, will render it more and more troublesome to accomplish. It will only come when some common danger threatens the Colonies. The Canadian Dominion was stimulated into life by the Fenian invasion, and had it not been from the fear (as Franklyn put it) of" hanging all separately unless they hung all together," it is doubtful wheth?r the Colonial leaders in the American Revolution would have consented to sink their local jealousies m the Federal Republic, which was the compromise arrived at by the Continental Congress. The day of an Australian Dominion may, therefore, be still far distant. Meantime, instead of different tariffs, and frontier Custom-houses to take tithes of each others' goods, the Colonies ought to see the wisdom of a "Zollveroin." When this is an actuality, then we can talk of Confederation, and of conjoint Imperial and Colonial fleets and armies. "TIMES." NEW GUINEA. BARON H. DI<: WORMS (on behalf of Mr. Ash mead· Bartiett) asked the First Lord of the Treasury whether strong representations in favour of a British Protectorate over New Guinea had been made to Her Majesty's Government by all the Australian Colonies ; whether he could confirm the statement in the newspapers of Wednesday, that the Marquis of Normanby, Her Majesty's Governor-General, in opening the Victorian Parliament, had stated that collective representations to the Imperial Government were being made in favour of Annexation, or the establishment of a Protectorate ; and whether, in view of the wishes of Her Majesty's loyal Australian Colonies, and of the importance of preventing any Foreign Power from occupying New Guinea and the adjacent islands, Her Majesty's Ministers would advise Her Majesty to establish an Imperial Protectorate over those islands. MR. GLADSTONE.-I can hardly give any illformation in answer to this question beyond the statement I made to the House several days ago-viz., that representtttions had been made to Lord Derby by the representatives of most of all the Australian Colonies in favour of the establishment of a British Protectorate, not only over New Guinea, but over an extended region-in fact, over all the islands of Oceania, almost without exception ; and that those representations being of an important character, and being only verbal, the gentlemen by whom they were made have been requested to reduce them to writing. Then, I hope, we shall be able to make them known to the House. That is also an answer to the second part of the question. With regard to the third portion, the House will be put in possession of the despatch in which Her Majesty's Government have stated their views on this matter; and I think it will be better to reserve any further question upon that despatch until it is in the hands of the House. Sm M. HICKS-BEACH.-I wish to ask the right honorable gentlemen whether any communication by telegraph has yet been received from the Australian Governments in consequence of the statement which he made in the House on Monday. • MR. GLADSTONE.-Yes, we have received a statement by telegraph to the effect that disappointment is felt in the Australian Colonies at the hesitation shown by Her Majesty's Government to confirm the proceedings adopted by the Government of Queensland. What steps may be taken, or what proposals maybe made, of course we are not in a position to state at this moment. That is the condition of feeling iru most, if not in all, of the Australian Colonies on receipt of the intelligence to which I have referred. Sm M. HICKS-BEACH was understood to ask whether these telegraphic communications would be produced, and when. MR. GLA.DSTONE.-They will be included with the other papers. As to the time, it wlll be at an early date, but I am not able, without communication with the Colonial Office, to say at what date.
"THE STATIST." THE ANNEXATION QUESTION. . It is no d~ubt an excellent general principle to be cautious in .assuming new Colonial responsibilities, but It could be Wished, nevertheless, that the Government had seen Its way to some policy more ao-reeable to our Australian Colonies than that they have adopted in the case of New Guinea. Queensland: it may No. 38.
c
16 be granted, is not quite strong enough to undertake serious responsibilities on her own account, and would have done better either to consult the Imperial Government or to obtain the co-operatiou of the neighbouring Colonies before effecting an annexation. But, on the othm· hand, Queensland thought the matter urgent, and may very justly plead that either of these courses would have led to delay not of days ( r months, but perhaps of years. Lord Derby complains that the telegraph would have enabled the Queeuslanders to get a reply from the Colonial Office in twenty-four honrs, but he must be very well aware that the reply, when got, would only have been one of those carefully-balanced indecisive opinions whieh he is such an adept at constructing. vVhatever may be said about the informality of the plan Queensland adopted, it is quite indisputable by any business man that no other plan offered the smallest chance of success. The home Government may object to have its hand forced, but it is very certain that except by forcing its hand it cannot be induced to move in the matter of Colonial extension. The crime of Queensland consists only in thinking it better that the hand of the Government should be forced by a friendly Colony rather than by some rival power. Of course, we are told that the annexation of New Guinea is premature; but then every precaution seems premature to some minds. Lord Derby, with amusing simplicity, assures us that he has made inquiry, and that no European Power has any intention of pouncing upon the island. If it had, we may be very sure that it would not make Lord Derby its confidant. The rumour that a French steamer has formally hoisted the French flag in the New Hebrides will make Lord Derby's remarks look particularly foolish should it be confirmed. The Colonial Office, in short, has made several ingenious excuses for refusing to sanction the annexation, but has not given anything that deserves to be called a reason. The Queenslanders complain with justice that for three months they have been left under the impression that the Government, though not exactly approving their action, would accept it as an accomplished fnct. It is not improbnble that this was the disposition of the Government for a time ; but the rather extensive proposals recently made by the other Australian Colonies have opened a prospect too wide for its not very heroic eo urage. One thing is enough at a time when we have to deal with timid people; and the Australians would .have done better to postpone their larger schemes until the Queensland projeClt had been definitely settledg Though important, they are not nearly so urgent as dealing with the New Guinea Coast, which mihht at any moment become vital for Queensland. Lord Derby would think it an unfriendly act were any otter Power to effect a settlement in Torres Straits. If that declaration has any meaning nt all, it means tha even in the view of the Colonial Office, Ausrralia must some day do what it forbids her to do now. Consquently, by forbidding her to do it now, Lord Derby merely insists upon leaving to chance what Queensland wishes to make matter of certainty. There is a certain insolence involved if we consider the matter in Lord Derby's announcement that the Government would regard as an unfriendly act the settlement of any other Power on the New Guinea Coast. By what right does the British Government take up a position of this kind, and where are such pretensions to stop ? If we choose to take possession of New Guinea ourselves, we have a right as against other nations which all international usage recognises; but we have no right whatever to warn other people off ground which we have not the courage to occupy. Were other nations disposed to adopt the rather petty policy of the Colonial Office towards Queensland, they might find in Lord Derby's words an incentive to put to the test a right so arrogantly asserted. The plain truth is that having distinctly repudiated an accomplished annexation of New Guinea, the Government is not at this moment in a position to offer a single protest against its annexation by any other Power. That amazing common-sense which some people are always discovering in Lord Derby has not hindered him from taking up a ridiculously illogical position. Though we should be sorry to instigare any Colony to weaken the bond with the mother-country, this really seems to be a case in which it is for the good alike of the Empire and the Colonies that they should insist upon the annexation being maintained in their own name, if not in that of the Empire. The risks of annexation are trifling, though near; the risks of refusing to annex are immense, thongh rather more remote. Taking possession of the New Guinea Coast means a slight addition to the police duties now discharged by our Navy over a wide area, with possibly some danger of collision with the natives. Refusing to annex means leaving abundant room for far more serious police difficulties in the future, besides risk of an international dispute. It is always in the power of a few private adventurers to force the hand of the Government by settling in the country and getting up a quarrel with the natives, and it is in the power of any officious De Brazza to add international complications. Surely it is much wiser to accept a regular annexation, than to wait for an irregular one to be forced upon us. New Guinea is especially important to Queensland from its geogmphical position, but it is important in a scarcely le>s degree to all the Australian Coloniei. They aught to make it a common affair, and decline to accept as final the present position of the Colonial Office. Austrnlia, as a whole, is quite strong enough to annex New Guinea on its own account, with the certainty that no very serious objection will be made by the Imperial Government. The commercial classes of this country are endowed with the foresight that seems wanting in official eii·cles. They are fully aware of rhe importance of looking ahead and of providing at once outlets for our population and markets for our goods. They are not afraid of the small addition to our responsibilities involved in a settlement on theN ew Guinea Coast, nor are they posse~scd with the morbid distrust of Colonial justice towards natives which inspires so much opposition in certain quarters to pt·ojeets involving the Government of Aborigines. \Ve lmve a number of Pharisees at homo who ncve1· saw their black brethren in the flesh, and probably would not be particularly agreeable to them if they did, but who find it delightful to pose as models of the Christian virtues, and to assume everything that does not commend itself to their ignorance to be brutal oppression. There is little doubt that this Aboriginal craze has had a good deal to do with the unfavourable reception accorded to the Qneeuslnnd project. Australia, however, has the right to disregard, if not to resent this rtssnmption of superior humanity, ns she hns the power in case of need to protect her own interests. Nothing is wnnting to convince even official persons of the expediency of giving heed to Am
17 " TIMES
"--July 12.
THE ANNEXATION OF NEW GUINEA.
To the Editor of the Times. SIR,
Those who are conversant with Australian feeling with regard to the proposed Annexation of New Guinea must feel anxiety at the course into which this question is drifting, and it will be matter for grave regret if the Government and English opinion misunderstand the case. I will at once say that it would have been wiser had the Queensland Government communicated-by telegraph if they considered the question one of extreme urgency-with the Home Governmeut before they proclaimed the Annexation ; but such an error of judgment must not be allowed to prejudice the case or to determine a matter of large and grave policy. In Australia it is greatly a question of sentiment-the strength of which it is difficult for us in England to appreciate-of pride of race, of feeling enge~dered by a marvellously successful and prosperous career; but it is also founded on substautial reasons. It is not only a question which goes beyond the interests of the hour and deeply affects the future fortunes of the great continent, bnt there is a genuine apprehension that wh1le England hesitates, some Foreign Power may step in and appropriate that which is justly regarded as an English inheritance. A penal settlement in New Guinea would be an intolerable grievance, while a fortified station would be a standing menace which would impose a heavy load of military expenditure on towns and ports which are now comparatively free from such burdens. To this Lord Derby replies that, such an oct by any foreign Government would be an unfriendly one. :Most unfriendly ! But in order to reassure Australian colonists a Colonial Secretary must speak in still plainer language. If, indeed, it is understood that the annexation of any part of the south-eastern coast of New Guinea by a Foreign Power will be regarded by the Imperial Government as a distinct wrong and a casus belli, then Australia may rest in security and postpone the actual Annexation till the necessity has become urgent ; but an ambiguous and diplomatically guarded assurance such as that ginn inspires no confidence, and I am sorry to say is of little practical value. This is the strongest reason why the Imperial Government should take some action ; but there is a further local justification for placing the New Guinea coast under British control. The rapid growth of commerce in the Torres Straits, the increase of populntion and industries of all kinds in the northern parts of Australia, the gold mines, and the influx of lawless adventurers may at any moment make New Guinea an Alsatia. The Government admit this when they propose to extend the jurisdiction of the High Commissioner of Fiji to these waters ; but they seem to forget that the jurisdiction can only apply to British subjects, aut! that the worst. oft€mders are the criminal and vagabond foreignera who have before now turned the fairest parts of the South Pacific into scenes of horror and bloodsheu. No one will doubt that the ultimate Annexation of the habitable parts of New Guinea by the English race is certain ; but this is not the question of the hour. There are neither resources nor Ilopulation for such a gigantic task. All that is now necessary is that British sovereignty should be asserted on those shores; and this, for the sake of the natives no less than for English interests, should be done by the Imperial Government. Ultimate annexation, I say, is certain; but whether it comes in the train of misery or of mercy to the native races greatly depenus on the course now adopted. We have cause to look with shame upon much of our dealinl!s with uncivilized tribes; but we have also proYed that the supremacy of English rule and law may mean their preservation and increased happiness ; and there is no reason why this should not be the ease now in Kew Guinea, if wise counsels prevail. On all these grounds, English, Australian, native, the rights of England to the south-eastern coast of New Guinea should be made indisputably clear; but above and beyond this, if a closer union of this country and her great Colonies in matteril of common interest be a thing worthy of Anglo-Saxon statesmen, then we are bound to give something more than a cold refusal to the united desires c-f the Australian Colonies-united, let it be observed, almost for the first time in their history. I explained a few days ago in the House of Lords how, when in 1875 I proposed to these Colonies a joint contribution towards the expenses consequent on the Annexation of Fiji, my proposal was declined ; and how, shortly afterwards, applying the same principles to the case of New Guinea, I found myself unable to recommend to the Crown that far larger undertaking, when unaided by those who were primarily interested in it. But the requirements which I thought neces;~ary in 1875 have now been amply met; the Australiau Colonies are willing to bear, not a portion, but the whole of the cost, vd1ile wisely leaving to the Home Government the administration of the territory taken or proclaimed, whatever it may be. The re;;ponsibilities which we are invited to assume are tentative in kinrl and moderate in amount, and little more is asked of us than the exercise of that power which we alone can efficiently discharge. Believing, therefore, as I do, that the time has come when it is prudent and right to act, I desire to urge the Government to consent to the inevitable, and, above all, to consent to it graciously. I remain, Sir, Your most obedient servant, ,July 11. CARNARVON.
Other excerpts enclosed were the undermentioned : -
Globe, July 5th, 1883 St. James's Gazette, July 6th, 1883 Echo, July 6th, 1883 Globe, ,July 6th, 1883 Evening News, July 7th, 1883 Standard, July 7th, 1883.
Post, J ulv 7th, 1883 Globe, July 9th, 1883 Clbronicle, July 9th, 1883 Globe, July IIth, 1883 St. James's Gazette, July 12th, 188:;
18 THE PRE!IIER TO THE AGENT-GENERAL.
No. 361.
SIR,
Premier's Office, Melbourne, 13th August, 1883.
I have th~ honou:: to a~knowledge the receipt of your letter of the 29th June, N.o. 1449, ~eportmg the m~erv1ew of the Agents-G?neral for the Aust:alasian Colonies 1nth the Rtght Hon. the Earl of Derby on the subJect of the AnnexatiOn of the Pacific Islands. I have to express my gratification at the efficient manner in which you have .represented the interests of this Colony in this important affair. With regard to the interview of the Agents-General with Lord Derby, I notice that His Lordsnip appears to have been impressed with the gravity of the situation, but I regret to say that telegrams published in the newspapers announce that Mr. -Gla~stone has since then avowed in the House of Commons that the opinions of the ·Cabmet had not been changed by the representations made in the memorandum submitted by the Agents-General. I now enclose a few copies of a further communication,"' dated the 27th July, which I have addressed to His Excellency the Governor on the subject, and I beg to instruct you to lose no opportunity of advocating the line of policy in this matter, which this Colony has ado ted. As a next step, I s be glad if you will ask the authorities of the Colonial Office to make an explicit statement of the conditions under which they would be prepared to assent to the Annexation of the Islands. I observe that in replying to the deputation Lord Derby is represented as having stated that he considered that the Annexation should be preceded by a Federation of the Colonies. I shall be glad to know definitely whether, if the Colonies do become federally 11nited, the Imperial sanction to the Annexation will then be granted. Or, whether it will be granted on the Colonies simply agreeing to provide for the expense of the proceeding. You will probably have become aware, by means of the newspapers, that immediately on Queensland receiving intelligence that the Annexation of New Guinea had been repudiated, the Premier of that Colony addressed a circular to the other Australasian Colonies inviting them to meet in conference with a view to Federation. I notified to Sir Thomas Mcllwraith my concurrence, and suggested Melbourne as the place of meeting. Sir Thomas agreed ·with this, and.re~uested me to c?nvene the meeting. I felt that that honour properly belonged to Str 1 homas Mcilwrmth, but 'On his representation that I should be furthering the cause by undertaking the duty, I consented. All of the Australian Colonies and New Zealand have consented to send representatives and I confidently hope that Tasmania will yet consent as well. At' all events, I am happy to be able to say that the Convention to deal with the subjects ofSee copy of Memoranduf!l t The Federation of Australasia ; and of Sir Thomas Mcllwra1th The Annexation of the Pacific Islands, herewith. T
may be regarded as an assured ~vent. . . . With reference to the attitude of South Australia m the matter of AnnexatiOn, I be()' to explain that, however much it is to be regretted, too much should not be m~de of tl~e circumstance. It is quite clear that it was unfortunately made a party questiOn in the South Australian Parliament, and, even so, the dominant party only succeeded in carrvin()' their motion on the express pledge that the Colony should accept the invitati~n °to the Convention as proposed by Sir Thomas Mcllwraith, and that the question should be relegated to that Convention. I have, &c.,
J AMES
SERVICE,
Premier. ,. For this enclosure see Parliamentary Paper of 2nd Session, 1883, No. 33. t This will be found printed with Parliamentary Paper 2 S. No. 42 of 1883.
19 THE UNDER CoLONIAL SECRETARY, QuEENSLAND, To THE PREMIER OF VICTORIA.
Colonial Secretary's Office, Brisbane, 27th August, 1883.
P. 755. SIR,
I have the honour, by direction of the Premier, to forward to you the enclosed copy of a despatch which has just been received by His Excellency the Administrator of the Government, from the Right Honorable the Secretary of State for the Colonies, declining to confirm the Annexation of New Guinea by the Government of this Colony. I have, &c.,
R. J.
'THE RIGHT HoNORABLE
GRAY,
Under Colonial Secretary.
THE HoNORABLE THE PREMIER OF VICTORIA.
THE EARL oF DERBY
To
THE OFFICER ADMINISTERING THE GovERNMENT o:v
QUEENSLAND.
Xo. 37.
Sm,
Downing-street, 11th July, 1883.
Her Majesty's Government have given their careful consideration to the request of the Government of Queensland, as placed before them in the correspondence with Sir Arthur Kennedy and with the Agent-General fur the Colony, which has been laill before Parliament, that the eastern portion of the Island of New Gninea, with the islands adjacent thereto, may be annexed to Queensland. Although the first communication reached me through :Mr. Archer on the 28th February, it was not until the 19th of June that I received Sir A. Kennedy's observations on the subject, and through Mr. Archer, a copy of the proclamation with which Mr. 'Chester, the magistrate, took possession of the territory in the name of the Queen. It has therefore not been 11nssible to communicate to you before now the conclusions at which Her :Majesty's Government have arrived. 2. They are unable to approve the proceedings of your Government in this matter. It is well underst.,.Jd that the officers or a Colonial Government have no power or authority to act beyond the limits of their c,]ony, and if this constitutional principle is not carefully observed serious difficulties and complications must !'lr:se. Ii there had been any evidence of the intention, which is said to have been apprehended, of a Foreign p,,wer to take possession of any part of New Guinea, the \·iews and proposals of the Colonial Government C<•nld hnse been placed before Her Majesty's Government by telegraph, and if the circumstances had justified immediate action it could have been taken without a delay of more than a very few hours. It is therefore much b Le regretted that your advisers should, without apparent necessity, have taken on themselves the exercise of powers which they did not possess. 3. The apprehension entertained in Australia that some Foreign Power was about to establish itself on the shores of Nmv Guinea appears to have been altogether indefinite and unfounded, and the inquiries which haYe been made by Her Majesty's Government have given them the strongest reasons for believing that no such step has been contemplated. Nor is there at the present time any sufficient ground for anticipating the early settlement on the shores of New Guinea of a white population from the Australasian Colonies wl1ich, in the aL3ence of any established authority, would become a source of trouble and danger to the colony. The results of former expeditions have been disastrous, and unless there should be indications of their intended renewal on a considerable scale no question would arise with respect to the prevention of disorders resulting from that cause. 4. Her :Majesty's Government are, moreover, clearly of opinion that even if the time had arrived for asserting and exercising the Queen's authority and jurisdiction on the shores of the island, or on some portions of them, there would be no necessity or justification for including in these measures the whole of the vast territory to which the proclamation of the Queensland Government purports to apply. It is estimated that the interior of the country contains several millions of savage inhabitants of whom little or nothing is known, but it is certain that they have given no sign of a desire that their land should be occupied by white men. It would require exceptionally strong reasons to justify the annexation of these tribes and their territory, and in the absence of any such reasons a grave responsibility would be incurred in establishing the Queen's jurisdiction over a large coloured population, which would certainly resist subjugation, and has apparently nothing to gain by it. 5. H, however, it had been shown that the extension of the Queen's sovereignty to the eastern portion of New Guinea has become necessary, tlw proposal that.. the territory so annexed should form part of the Colony of Queensland would be open to strong objections. The colony already comprises an immense extent .of territory ; the seat of government is situated in the south, a thousand miles from the south-eastern point of N cw Guinea ; it is practically governed by a Parliament which represents the white population, whose interests am altogether different fl'Om those of the coloured races, aboriginal and imported, within the colony ; and while I am aware of the difficulties with which the Colonial Government has had to contend in connexion with the labour traffic and other questions affecting native interests, the fact that those difficulties have not in all cases been successfully dealt with cannot be disputed, and has often of late been the subject of much comment. The Queensland Government is at present undertaking heavy charges and responsibilities in connexion with the settlement and development of its vast northern territory, which cannot be fully occupied for many years to come, anu even if it could be reconciled with former precedents and sound general principles that the Imperial Government should devolve upon any colony the duties incident to the establishment of British dominion in such a country as New Guinea, neither the time nor the circumstances would appear favorable for the assumption by the Queensland Government of the control of a large native population owning a territory not required, and,
t
20 to a great extent at least, not suited for the occupation and labour of European settlers. It has been stated in the press that one reason for which some persons in Queensland desire the annexation of New Guinea is the facility which would thereby be afforded for obtaining a large supply of coloured labour for the sugar plantations without going beyond the limits of the colony. It is no doubt generally understood that the uati,'es of New Guinea would not willingly accept or be suitable for labour engagements at a distance frnm their shores, but the fact that the suggestion has been made indicates a special difficulty which might present itself if the request of the Colonial Government were complied with. 6. Her Majesty's Government have not failed to give due attention to the representations made by the Governments of New South 'Vales, Victoria, and South AuRtralia in support of the action taken by your Government. Those Governments do not, as I understand, definitely endorse the proposal that the island should form part of Queensland, nor do they undertake to share the expenses which might be entailed by any attempt to govern it, but they express in general terms a desire that it should be brought under British rule. Such an expression of opinion has necessarily much weight with Her Majesty's Government, but it does not indicate any substantial advance towards the more effective settlement of a question of this nature. The affairs of the Pacific Ocean, and the political and commercial relations of the Australian Colonies with adjacent places and powers, are matters of the highest importance to those colonies, and require to be dealt with on broad and clearly defined principles, and by the united action of the colonies. Her Majesty's Government regret that it should be necessary from time to time to refuse assent to proposals coming from individual colonies for the assumption of large and serious responsibilities in regard to places and questions not specially concerning those of Her Majesty's subjects who live in other parts of the empire ; and I trust the time is now not distant when, in respect of such questions (if not for other purposes of government), the Australasian Colonies will effectively combine together, and provide the cost of carrying out any policy which, after mature consideration, they may unite in recommending, and which Her :Majesty's Government may think it right and expedient to adopt. 7. In the meantime, Her Majesty's Government are of opinion that they mm
P. 772. 1737/83
THE AGENT-GENERAL TO THE PREMIER.
8 Victoria Chambers, Westminster, S.W., 27th July, 1883.
SIR, Referring to my despatch, No. 1589, of the 13th instant, I have also the honour to acknowledge the receipt of your favour of the 1st ultimo, and trust that the measures which we are pursuing here will continue to meet with your approval. The document prepared by Sir F. Dillon Bell for transmission to the Imperial Government was submitted to a Conference of the Agents-General for the Australasian Colonies on the 17th instant, and, after being revised and corrected, was again laid before us on the following day, when we learnt from Sir Arthur Blyth, to our great surprise, that he had received from his Government instructions to withdraw from any representations as regarded the Pacific Islands, and confine his co-operation to the case of New Guinea. I was requested by my colleagues to transmit to you the message, of which I enclose a copy, and have to thank you for your valuable replies under date 23rd and 24th instant. I laid them before my colleagues, and, after making another ineffectual attempt here to procure the co-operation of our sister colony, we determined to send in the document as drawn up, without assigning any reason for the withdrawal of South Australia. We are now awaiting a reply to our communication, but unless '"e receive it speedily, shall take steps to direct the attention of the English Press to our representations, and specially to the outrageous proposition now before the :French Legislature, and which we have reason to believe has entirely taken the Colonial Office here by surprise. I wired you on the 24th instant to this effect, and now enclose a copy of our address, which reflects very great credit, I think, on Sir :F. Dillon Bell, to whom we are indebted '*' * * * '*' * * for its original composition. We believe that the English Government must be prepared to act vigorously or incur
j
21 the censure of the British as well as the Colonial public. The question of the New Hebrides has, by the neglect of English Governments in time past, been allowed to assume a very awkward position, and I may call your attention to the language used by so cautious a statesman as M. R. \Vaddington, the present French Ambassador, and which is quoted on page 13 of the address of the Agents-General. It appears that the French Government are very likely to cast aside any pretence of adhering to the engagement made in 1878 respecting these Islands, and that we have to look to their occupation by France as 1'1, very probable event. Unfortunate as I conceive this contingency to be, it appears to me that at present the English Government has the power' of refusing its sanction to such a proceeding, or, in the last resort, of demanding, as the price of their consent, an abandonment by France of any further transportations to these seas. The importance of the question, I think I may say, is fully understood by us, and we have no intention of allowing our address to remain unanswered. The co-operation of South Australia, however, is very much to be desired, and I trust that Government may yet see reason for yielding to your remonstrance. The united attitude of Australasia has been the one thing that has aroused the attention of the English public, and nothing can be more damas-ing than that selfish interest should be found to be predominant among us. Victoria Is probably less directly interested than any other Australasian Colony, and her example will, I still trust, stimulate her neighbour to further action. I have the honour to he, Sir, Your most obedient servant, RoBT. MuRRAY SMITH.
P.S.-I have procured a copy of all the correspondence which has taken place on the subject of New Guinea since 1876, which I now enclose for your perusal, and would beg specially to direct your attention to a letter addressed by Mr. Weld, then Governor of ·western Australia, to the Colonial Office, on 14th July, 1874, which appears to contain all the elements of a sound and progressive policy.-R.M.S. THE HoNORABLE THE PREMIER, MELBOURNE.
N OTE.-The correspondence referred to in the foregoing P.S. consists of the Imperial Parliamentary papers C. 1566 of 18i6.-Papers presented to both Houses. C. 3617 of 1883.-Ditto. C. 3691 of 1883.-House of Lords paper. The letter of Governor Weld specially alluded to is, however, printed herewith.-E. J. T., Secretary.
(Enclosure No. 1 toP, 772.) Tm: AGENrs-GENERAL FOR THE AusTRALIAN CoLONIEs TO TH:~<; Rwnr HoNoURABLE THE EARL 0}' DERBY. MY LonD, London, 21st July, 1883. In accordance with the desire expressed by your Lordship ou the occasion of our recent interview with you, we purpose now to place before your Lordship in writing the representations which we then submitted to you on the. annexation or protectorate of the \Vestern Pacific Islands and the eastern portion of New Guinea. It 1s no dou?t well k~own to your Lordship that during a period now extending over more than thirty years, the Anstralasmn Colomes have one after another pressed upon Her Majesty's Government the expediencv of bringing the islands of the \Vestern Pacific within the dominion or the protection of England ; and we fe~l a.ssured that the whole question will appear to your Lordship invested with a graver aspect, when, for the first t1me, the Governments of. nearly all the depend?ncies of England in Australasia come before Her Majesty's Government to make a umted remonstrance agamst the present state of affairs in the \Vestern Pacific, and to ask from the Imperial authority the adoption of such a definite policy and purpose as thev believe is essential to their future well-being. • It is true that fear of foreign intervention has been the immediate cause of this concerted action on the part. of the Australasia~ Governments ; and ~this, we understood, seemed to your Lordship hardly adequate to ]Ust1fy n strong sense of present danger. We can assure yon that our Governments would receive with a sense of great relief your Lordship's assurance that there is no foundation for onr fears. But it is not only the apprehension of immediate intervention that has influenced our Governments, nor would its re~mval change their opinion as to the necessit! for making it impossibl~ in the futt;re. . Other powerful reasons bring them together to urge upon the Impenal Government the necess1ty of a pohcy d1fferent from the one that has been pursued in the past ; the conviction, indeed, that the state of things in the Western Pacific has at last become intolerable. We feel that we ought not to say this without an attempt to trace the course of events that have led to so grave a declaration.
22 It was in 1S48 that Sir George Grey, then Governor of New Zealand, first called tl1e attention of the Imperial Government to a "species of trade in the native inhabitants which had commenced in the Pacific," and to the danger of foreign annexation, pointing out the necessity of providing against these in time. For many years successive appeals of the same kind, and from one colony after another, were made to Her Majesty'sc Government to interfere. In the meanwhile, the constant repetition of outrages in the Pacific had become such a scandal to civilization that the Imperial Government resolved to make a vigorous attempt to repress them. The Foreign .Jurisdiction Acts, which had been in existence in various forms since 1828, and " The Pacific Islanders Protection Act of 1872 '',had proved insufficient to meet the increasing difficulties of the case. At last, in 1875, two Acts of Parliament were pas;;ed amending the former law, defining more clearly the powers and jurisdiction of Her Majesty in the Pacific Ocean, and creating the office of High Commissioner for the \V estern Pacific. These were followed, two years after, by the promulgation of the "Western Pacific Order in Council of 1877 ," which established the High Commissioner's Court, with elaborate provision for the government of the Western Pacific; and the new Colony of Fiji, which had meanwhile been created in 187t;, became th(} centre of the High Commissioner's operations. The humane intentions of the Imperial Government in these measures have always commanded thE> respect and sympathy of the Australasian Colonies ; and if it had ever been possible to give them real effect WB' should not be addressing your Lordship tD-day; but there was an inherent difficulty, the result of which could hardly have been foreseen at the time, but which was certain to paralyze every endeavour to confer the· benefits of law and order on the vast region, stretching from New Guinea across the Pacific Ocean, which those measures embraced. The Act tlf 1875, which created the office of High Commissioner, only empowered Her Majesty to "exercise power and jurisdiction over her subjects" within the islands, and expressly declared that nothing in the Act or in any Order in Council under it should "extend, or be construed to extend, to invest Her :Majesty with any claim or title whatsoever to dominion or sovereignty" m'er the islands, or to "derogate from the rights of the tribes or people inhabiting them, or of their chiefs or rulers, to such sovereignty or dominion." And although the powers of the Order in Council were apparently exten(led so as to include foreigners in a few specified cases, they were practically restricted to British subjects only, for m> foreigner could be brought under the High Commissioner's jurisdiction unless he could produce "the consent in writing of the competent authority on behalf of his own nation," a condition which, from the nature of tl1ings, could seldom if ever be fulfilled. Nor did the Order in Council fully carry out the idea with which it had been originally devised. Though the Act was passed in 1875, it was not till 1877 that the Order in Council under it was issued ; and it was not till 1878 that it could be brought into operation in the Pacific. Meanwhile, the intentions of Her Sif A. Gordon, Majesty's Government had undergone some change. Differences arose between the naval authorities and the ,July 16, 1881. Acting High Commissioner as to their respective powers. The work to be done was daily becoming more and more difficult, and the nature of the difficulty was becoming better known to Her Majesty's GovPrnment. Hardly was the Order in Council brought into operation, when it was found to be too intricate and complicated an instrument, bristling as it did with technicalities and minute provisions in preci~e legallanguagr, to be really Sif A. Gordon, workable. The High Commissioner described the position in which he was placed in the clearest terms. His Feb. 26, 1881. jurisdiction being one extending over British subjects exclusively, he had no authority whatever to deal, whether judicially or in his executive capacity, with offences by natives of islands not under the dominion of the Crown. He more than once represented to the Imperial Government that unless such a jurisdiction were created as would be competent to take cognisance also of offences committed against British subjects, th" infliction of punishment on these for outrages against natives in the same regions was certain to excite on their part a natural irritation, and a sense of being treated with injustice. But the reply to his representations invariably was, that "in the opinion of the Law Officers of the Crown, insuperable obstacles existPd to any assumption of jurisdiction by Her Majesty over other than British subjects, beyond the limits of Her dominions." The High Commissioner could not 'vith fairness be reproached for not having exercised a jurisdiction Sir A. rnment agent. Complaints were often made of there being cases of kidnapping by :French vessels at one island or another, and eonseque~1t 0 ~~':' 0~.?t,~"23 threats of the natives tl1at they would kill the first white man who went there, An inquiry was held at Noumea. 1882. ' •.' respecting the French vessel Aurora. In her case it was clearly shown that the crew had put in practice the Commodore . . . or runnmg . down canoes, cap t urmg . the nat'1ves, and shoot•·lll! 11011, Feb 26,Wll· worst f orm of k'd 1 nappmg, sueh as st avmg m 1882.
23 those who attempted to escape. Labourers were being apparently recruited by the crews of vessels, nearly all of Captain Bridge, which flew foreign flags. The planters of all nationalities were greatly exasperated by the conduct of masters ra~·· Aug. 3, of labour vessels, both French and English, in enticing away their servants. 'Where the foreigner committed Cap~aln Brld~, an outrage, he was not amenable to punishment ; where he suffered injury, he could get no redress in the High ~~i: Aug. 1"• Commissioner's Court. But if there was serious trouble by reason of there being no jurisdiction over foreigners, another was growing up e\·en more serious, because there was none over natives. So far from outrages diminishing . after tl1e Order in Council was promulgated, they increased. In November, 1880, Commander Bower, R.N., of commodore wn. H.1'LS. Sandjly, with a boat's crew, were put to death on a small island of the Solomon Group, under circum- son,Dec.2,1880. stances of much barbarity. The Governor of New South \Vales reported to the Colonial Office that " the Lord A. Loftus, atrocious murders lately committed by the South Sea Islanders had caused and were a very deep feeling Dec. 28• 1880• of pain and indignation.'' The newspapers teemed with accounts of these outrages : it was said that '' no svdney Telegraph· week passed without the announcement of another massacre in the islands.'' The exasperation predicted by Sir Arthur Gordon as certain to occur was becoming greater every day. Early in 1881, Lord Kimberley, in a Lord Kimberley, drspateh to the High Commissioner, deplored the "unusual number of outrages by natives upon white men Jan. 16,1881. which had recently been reported to the Colonial Office. In the meanwhile stern reprisals had been resorted to. vVhen the outrage took place at the island of · in revenge for what had been done by the crew of a French vessel, the Commodore had gone down in H. S. Wolt•erene and landed a party of 100 seamen and marines, commodore wn. who destroyed four of the villages implicated, and cut down the fruit plantations in their vicinity. And now, son, Aug. 22, after the Sandfly outrage, the Commodore felt it his duty to take even severer measures. In December, 1880, 1880' he sent down Captain Maxwell, R.N., in H.M.S. Ememld, to inflict punishment not only for the "Sandjly murders, but for others that had been committed on crews of the vessels RtjJple, Esperanza, Borealis, and Anne Brooks.'' The punishment was very severe. From bay to bay, from island to island, the villages were set in flames, the cocoa-nut and other fruit trees cut down, and the canoes destroyed. "There was no more to be done," Captai M _ said Captain Maxwell, "in the way of hunting these wretched people. . . . They have been hunted and well, ~N.~~an. worried till it will be long before they settle again. . . I regret that my whole voyage in these islands has 31• 188L been one of apparently ruthless destruction, but no other course has been possible." Nor was this enough. A few months afterwards a still stronger step was taken. Commander Bruce, of H.M.S. Cormorant, was sent to Commander the Florida Isles by the Commodore to bring the perpetrators of the Sandjly murders to · e. There he Bruce, May15, issued a declaration that "In consequence of an English officer and boat's crew being murde by Florida men, 1881' the QLLeen of England declares war with the whole tribes of Floridas, unless the actual murderers are given up in fourteen days;" adding that "in case of any other white man being killed in the Florida Isles, the whole of the chiefs would he held responsiLle, and the Florida Islands be considered to be at war with the Queen of England." Bishop Selwyn, being then on the ~pot, humanely did all he could to save life. vVriting to BiahopSelwyn, Commn,mler Brul'e, he says:-" I have acted as I have done, because you, sir, as the representative of Her May 17, 1881. Majesty, have declared war against all the people of these islands unless the murderers are given up. It appears to me to be my duty to save the people from such a calamity, by using what iniluence I possess to induce them to comply with Her Majesty's demamls." The Commodore "fully approved of the Cormorant's action at the commodore wnFloridas.'' Thus it seemed that a naval officer, in reprisals for an outrage, might issue a "declaration of war" ~~i July ao, against entire tribes in the vVestern Pacific, and that what he required must be considered as being "Her · Majesty's demands." Surely it was not this which could ever have been looked for as the outcome of the scheme of 1875 for the Government of the vVestern Pacific.
Remedies which were suggested. It is no wonder that such a state of things should have caused serious anxiety to Her :Majesty's Government, or that the Secretary of State should have desired the High Commissioner to advise what was now to he done. That the Order in Council had failed was evident; " an acknowledgment," says Sir Arthur Gordon, "that the present system is a failure, and the consequent repeal or the Order in Council would have the merit Sir A.. Gordon of simplicity." But the question was, what should be put in its place. When the news came home of the .Tune 16,1882. enmts we have just described, Lord I\:imberley sent a deRpatch to the Governor of Qtteensland, saying that it (Memorandum.) was contemplated to invite the naval Powers to agree to the appointment of a Joint Commission for considering Lord Kimberley, the measures which should be taken for the regulation of the labour tmflie, the tratle in firearms, and the pre- Oct.1, 1881. vention and punishment of outrages of all kinds, under the sanction of a Convention between Her Majesty's Government and the other Powers. The Queensland Government immediately expressell their willingness to co-operate with the Imperial authorities for such a plan. The High Commis~ioner expressed his own concur- l'lir A. Kennedy renee. "Some sort of international agreement," he said, "seems to me to form an essential part of any Dec. 23, 1881. ' satisfactory arrangement." He then went on to make several recommendations for improving the existing Sir A. Gordon, system, one of which was that the judicial powers conferred by the Orders in Council should be so extended Ly June w, 1882' Act of Parliament as to render offences committed by nati\'es against British subjects equally cognisable with those' committed by Brit:sh o:nbjects against natives. But it would evidently have Leen useless to assume juri,:;diction over the native people and continue to except foreigners. Nor did the High Commissioner shrink from rrdmitti1~g t)1is. "To o~Jtain," I.te saiL!, "the power of det~ling sa~isfactnrily with the .misdeeds of other Sir A. Gordon, wh!t,,s than hnghshmcn, or of pumshmg attacks upon them, an mtcrnat10nal agre~ment, havmg the sandion of June 16, 11?82. a treaty, with France, Germany, and the United State~, wonlll be nect'ssa.ry. Such an arrangement would (Mem(}l"anaum.) proLably involve the substitution for the High Commission of a mixed Commission similar to the old mixed Commis~ion Slave Trade Courts." And Sir Arthur Gm·don then went on, with p<:rfect truth, to touch the real kernel of the whole matter. "It should be borne in mind,'' he said, "that the punishment of outrages, though at present forced into prominence, is not the only nor the most important matter which l1as to be dealt with ~in these seas ;'' ami he reminded the Secretary of State that the Jurisdiction of the High Commissioner and hi;; Court was one " primarily created to bring law, Loth civil and criminal, witllin the reach of British subject3 far from all ntlvr legal tribunals, to check aggressive lawlessness, and to regulate the growth and development of Driti;;h settlements in the \Vestern Pacific." This was wise language. Dnt when such recommendations were nude, it ·was difficult to escape the logical conclusion from them. Once let it be achnitted that the Imperial Government can pass an Act such as was advised by the High Commissioner, anrl is there anything !Jut the thinnest veil left betwc>en that and the assertion of the very right of "sovereignty or dominion " whi eh it was the purpose of the Act of 1875 to forbid? It would not be fair if we did not refer to other remedies which were suggested by the High Commissioner. Early in 1881, after reciting the causes for the increased frequency of murder of Europeans by natives No. 38.
D
24 Sir A. Gordon, April 23, ISSL
Sir A. Gordon, June 16, 1882.
Sir A. Gordon, Nov. 22, 1878.
in the Western Pacific, Sir Arthur Gordon referred to two ways by which they could be prevented in futtire. "One is," he said, "that which I know on good authority was seriously contemplated by Her Majesty's Government some years ago-the establishment of a strong chartered company, possessing an exclusive right to trade. • Another course would be to limit the protection given for trading operations, to those carried on at certain specified localities." But Sir Arthur Gonion even then allowed that the time for any scheme of a chartered company had passed ; and last year he proposed another plan to improve the working of the existing High Commission, the leading features of which, in addition to extending his jurisdiction by a new Act of Parliament, were the appointment of three Deputy Commissioners, the conferring of Deputy Commissioners' powers on naval officers in command of H.l\L cruisers, and the permanent employment of a vessel, not a manof-war, in the service of the Commission. Whatever might have been the recommendations some years ago, in favour of granting an exclusive right of trading in the 'Vesteru Pacific to a chartered company, we entirely agree with Sir Arthur Gordon that the time for any such scheme has long gone by. An elaborate plan was devised in 1876, by Sir Julins Vogel, then Premier of New Zealand, and the present Premier of that colony, Mr. Whitaker, for the establishment of a great trading company for the 1Nestern l'acific ; but it fell to the ground, as tmy scheme of the kind now proposed must inevitably do. There are no circumstances in the Pacific similar to those which were held to justify tlw granting of a Royal Charter, in November, 1881, to the North Borneo Company; on the contrary, there nre circumstances essentially adverse to any plan of the kind. But even if there were not, we may point to two things which alone ought now to dismiss it from consideration. In the first place, it would always have been futile to imagine that any grant of exclusive rights of trade to a company would be effectual, even in the case of British traders: not only would they have traded in spite of it, but at no time after the promulgation of the Order in Council could any such exclusive grant have been made without grave injustice to them ; while, as regards foreigners, such a right would not have affected the French, German, and American traders ; and if it was not to be respected by everybody, it must necessarily fail as a remedy. There are already French companies established in New Caledonia, whose operations extend over many of the islands, and tht>re will certainly be several others. By what process could these companies be prevented from trading ? The slightest attempt to do so would show how the question ever comes back to the same point; to the exercise, namely, of rights of "sovereignty and dominion." But in the second place, we feel sure Your Lordship will allow that, in any scheme for giving a chartered company exclus1 ve rights of trade, the intE>rests and the wishes of Australasia could not be left out of consideration. Now, the exclusive right to trade could not exist for a moment in the islands without some right to govern ; and the Governments of Australasia could not bo expected to acquiesce in any right of government being transferred from the Imperial authority to any other authority than their own. Moreover, even if anything could be said for the palliatives which have been suggested as being applicable to the smaller groups of islands, it is certain that they would be utterly useless in the case of New Guinea. Sir Arthur Gordon has himself pointed out the only means by which the question of New Guinea can ever be settled. His opinion on this subject has long been familiar to Your Lordship, but it is only now tl1at it has become known. "I am irresistibly compelled,'' he said, " to adopt a conclusion, which I should have wished to avoid, and which I was at first inclined to think might be avoided, namely, that the annexation by Great Dritain of at least certain portions of New Guinea will speedily become inevitable, even if the necessity for such a step has not already arisen . . Could I see any other way of dealing satisfactorily with such a state of things, I would recommend a resort to it; but I must with regret admit that, after the most careful consideration, I am unable to perceive any mode of meeting these difficulties except by annexation ; for it appears to me necessary that territorial jurisdiction should be assumed by Great Britain, to enable us to deal with offences committed by foreigners associated with British settlers, or with those committed by natives, and unless such jurisdiction over them be assumed, I question the practicability of exercising it with the smallest degree of efficiency over British subjects themselves ; and I must confess, therefore, that I see no middle course between annexation and the abandonment of all control over the acts of British subjects in New Guinea, involving a practical acquiescence in the establishment there of a reign of lawless violence and anarchy. This latter is a course which we cannot creditably adopt, and which, indeed, were we disposed to take it, we should after a time be forced to abandon. A greater or less degree of annexation, consequently, appears to be inevitable. Should there be any other method, unknown to me but known to Her Majesty's Government, by which such cases could be met, I need not say I should prefer its adoption." It is true that this opinion was given hy the High Commissioner at a time when there was much excitement over the reported existence of rich gold-fields in New Guinea, and when an expectation existed of a great influx of miners taking place there, which was never fulfilled. But though gold-mining on a large scale has not. yet come to aggravate the evils described hy the High Commissioner, other events have happened whose impelling force has not been less towards the same solution than would have been the presence of a large body of miners. To these we shall refer later on.
Trade. vVe have endeavoured to trace the events which have gradually but surely been pressing with ever increasing force for a new policy on the Western Pacific question. \Ve now turn from these to a matter just as pressing, namely, the constantly growing trade of all that region. Cultoms At the end of 1881 Commodore 'Vilson collected from the various Customs officers some valuable re:m•:~~ returns of the commerce between the Australian Colonies and the Western Pacific Islands; from these we 0 ~eb. ;, 1~2. 'have taken out the following evidence of what the trade amounted to in the ten years from 1871 to 1880 : Value. Colony.
Vessels.
Tonnage. Imports.
Exports.
£
Total.
-------.-
New South Wales Victoria. Queensland New Zealand
...
... ... ... ...
... ... ... ...
... ... ...
...
1,305 187 320 908
395,391 67,725 47,390 349,681
2,147,858 162,095 2,899 705,223
£ 2,726,227 110,647 83,800 548,187
2,720
860,187
3,018,075
3,468,861
£ 4,874,085 272,742 86,699 1,253,410
----6,486,936 I
25 The Commodore did not merely point out how large was, even at that time, the value of this trade; he said significantly that "as yet the sources of trade may be said to be in their infancy." He might have added that these Customs returns only included, of course, the British trade, and took no account of foreign traders; if the French, German, and American trade could have been added, the total would have amounted to a much larger sum than G:lr millions. It is needless for us to point out that the greater part of the produce of the Western Pacific only passes through Australia, and really comes to England. That this produce will. greatly increase is beyond doubt. The whole trade, indeed, of the Pacific is destined to undergo a great change whenever the Panama Canal is made. It is then that will be seen the foresight of France in establishing l~erself at Tahiti and the Marquesas; and the Navigators, with the splendid harbour on Tutuila Island, will come into a new importance, while the Fiji Group will become the nearest colony of England in the Pacific. The pearl shell and beche de mer fisheries alone amount to nearly a million sterling annually. The growth of sugar plantations is equally remarkable. Probably £1,000,000 has been spent in Queensland alone Dr. Robertson, in creating sugar estates, where only a few years ago there was nothing but the wilderness; the actual produce Dec. 29• 1882• of these estates is already 19,000 tons, and in three years will probably be 50,000 tons. The great importance of this to Australasia will at once be seen from the fact that in the single year 1881 sugar to the value of close on £2,700,000 was imported into Australia and New Zealand, or which the import from :Mauritius exceeded £1,500,000. It is quite certain there will be a great extension of the growth of sugar in Queensland and Fiji, and in it a constantly larger amount of Polynesian labour is sure to be employed. Now the necessity of Victoria Year further regulations for the labour trade and traffie in firearms, by foreigners as well as our own people, is one of Book, 1883• the things that have been most strongly pressed upon Her Majesty's Government by the highest Imperial officers, and by every authority of importance in the colonies concerned.
Foreign Intervention. The chief difficulty we have in referring to this is that no one in Australasia really knows how far the ground is clear of foreign claims, or to what engagements Her Majesty's Government is now committed. It is of the first importance to define with accuracy the political relation in which each group of islands stands to-day, whether to the Imperial Government or to any Foreign Powers. We therefore trust that we may ask Your Lordship to enable us to place before our Governments a full statement of what claims have yet been made by Foreign Powers, and of the extent to which such claims have been reeognised by Her Majesty. The sense of uncertainty and insecurity which prevails in Australasia on this subject may perhaps be best illustrated by what has happened in the ease of the New Hebrides. That group was originally part of the colony of New Zealand, under the Charter of 1840. At some time, of which we are not aware, a rather vague understanding appears to have been come to with the Government of France that the New Hebrides should be relinquished as a possession of the Crown and their independence recognised. In 1878, upon reporte coming to Eurnpe of a French project to annex the group, the French Ambassador declared that his Government had no intention to interfere with the independence of the islands, and asked for an assuranee that Her Majesty's Ma.rquisd'Har· Government would also respect it. Your Lordship, being then Seeretary of State for Foreign Affairs, 187J:• Jan 18• informed the French Ambassador, with the concurrence of the Colonial Office, that Her Majesty's Govern- Foreign Office, ment had no intention of " changing the condition of independence which the New Hebrides now enjoyed." c!f~,;h ~~~r Upon a remonstrance being made by Sir George Grey, then Premier of New Zealand, the Secretary of State Feb. 00,187~· replied. that the New Hebrides were no longer within the limitR of New Zealand, and that the Imperial Govern- Sir M. H. Beach, ment had no intention of proceeding in the direction of a political Protectorate. In the Order in Council OcL 10• 1878. of 1877, the New Hebrides had (evidently by design) been omitted from the islands specified by name; nevertheless, the High Commissioner understood that his authority extended over them, for he appointed Captain Cyprian Bridge, R.N., to be a Deputy Commissioner there, and it was in that character that Captain Bridge e!r A. Gordon, went down to the islands. Now we venture to ask whether it is quite certain that after Her Majesty had once Junua, 1882. been graciously pleased to include the New Hebrides in the boundaries of New Zealand, the mere fact of new boundaries being afterwards fixed for that colony was sufficient to make the New Hebrides cease to be a. posse~sion of the Crown? At any rate, if they have ceased to be so, and there is an understanding between the Governments of England and France to respect the indcpendenee of the group, the least that can be asked is that; English and French subjects shall be on the same footing there. But it transpired, in a debate in the Chamber of Deputies, on the 8th May, that a company had been formed at New Caledonia, by a planter wbo had acquired 'des terrains importants ' at Sandwich Island ; and the Temps, only a few days ago, announced that a company compiJsed of colonists from New Caledonia had succeeded in "creating very important interests in the islands, had bought several of them, and had obtained large concessions in others;" whereupon that journal suggested that the " best method of procedure would be to grant to the company rights similar to those recently accorded by the English Government to theN orth Borneo Company." We venture to ask whether the agreement, whatever it is, which exists between the two Governments, would allow of any grant of that kind being made by France? Nor can the colonists feel secure against some sudden act on the part of France in annexing other islands whose independence may stand on, at any rate, no worse a footing than that of theNew Hebrides. It is only a few years ago since Commodore Hoskins reported to the Admiralty that a French ship of war had been sent to the Chesterfield and Bampton Reefs by the Governor of New Caledonia, to proclaim those islands Comm?dore to be French territory, which "was done with the usual formalities." But the Governor of New South 'Wales ~t~~7a' July had already granted a lease of the islets for working guano deposits; and it had to be arranged that the deposits should be worked jointly by French and English companies until the question of title was decided, as to wl1ich Sir Hercules Robinson had sent a telegram to the Colonial Office immediately on receiving notice of the annexation from the Governor of New Caledonia. Still less can the colonists feel any security against other acts of which they have already complained. Early in 1880 a schooner arrived at Auckland from New Caledonia, chartered by the .French authorities, bringing eleven political offenders and nine convicts for criminal ofl"enccs. Sir John Hall, then Premier of New Zealand, immediately telegraphed to all the Governments of Sir J. Ba.ll, A ustrnlia, asking them to join in urging Her Majesty's Government to remonstrate with tlle Government of March 6• 1880 • the French Republic against a repetition of that act. The Government of New South Wales stated that "batches of pardoned convicts from New Caledonia had on several occasions arrivl'd there.'' The Agent- Sir J. Vog~ General brongllt the case before the Colonial Office, and Lortl Kimberley requested the Foreign Office to mm'e Feb. 24 • 1 • the French Government to discontinue any shipments of convicts from New Caledonia to New Zealand. But Premier of convicts have often escaped from New Caledonia in open boats, and landed on the Queensland coast; more ~:;:!!nd than 50 who came to Queensland were aftewards e:x;tradited, besides many others known to be French convicts from N oumea. ·
26 Again, by a" Reciprocal Engagement'' entered into between England and Prance in 1847, respecting the Raiatea group of islets (to the leeward of Tahiti), both nations bound themselves "never to take possession of the islands, either absolutely or under the title of a protectorate, or in any other form whatever." But the French flag has been hoisted for three years on those islands, without, so far as we know, any consent or recoO'0 nition having been ever given by Her Majesty's Government. Again, a scheme is being debated even now in France, which, if it is carried into effect, will be more diaastruus for the Pacific than anything that has happened since the creation of the penal settlement at New Caledonia; for it is nothing less than a well matured design for transporting for life (transportation a vie) to New Caledonia, the Loyalty Isles, and the Ma.rquesas Islands great numbers of French habitual criminals BapportSuppM- (recidivistes et malfaiteurs d!habitude). Four proposals to this effect were before the French Legislature, one mentaire, 17 l Mars, 1883. of them a Bil brought in by the Government. They were all referred together to a committee, which reported that the Minister of the Interior had accepted certain modifications, and that there was no further difficulty. Jou,rnal Olfieiel, In the debates in the Chamber of Deputies, the reporter of the projet de loi (M. Gorvillo-Reache) stated that 1 f;;redu Mai, at least 60,000 could be sent to New Caledonia and 23,000 to the Loyalty Islands. It was calculated that in the first year after the law came into force 5,000 convicts would be transported for life under it, and an official estimate was presented of the probable cost of sending these 5,000 to the Loyalty Islands and the Il>id.,&!ancedu Marquesas. It waR said by the opponents of the measure that the number of convicts transported would be SMai. • · was asked whether, since in the very first year 5,000 were to be sent, l 00,000; this was demed; wI1ereupon It it could be expected that the number would not increase every year after. The class to be sent was officially described by M. Gerville-Reache as dangerous, steeped in vice, debauchery, and crime (hommes dan,qere·nx Projet de loi, perdus de Z'ice,~, ~tses par la deba·uche, souillis de tow les crimes). These criminals were to be transported for Art 1. life (la relegation consistera dans l'internement perpetuel d~s condamnes); but were not to scr\·e any term of punishment, and were to be free on arrival (en resume, le transporte a son arrivee dans la colonie sera libre ). Journal O.fficiel, , The object was to rid France of them (en debarra.sser la patrie ). The Government was to support them at first, ~needu 1 Ma~ till they could get work ; if they would not work, they must live l10w they could ( ils ·vivront COTJWte ils ponrront). /btd. The projet de loi appointed New Caledonia and its dependencies, and the Marquesas Group, as "colonies to , which the recidivistes were to be sent; but it was openly proposed in the del!ate to incluJc the New Hebrides, 1 lbff,;t,&!ance du the Loyalty Islands, and Isle of Pines. The Comte de Lanjuinais said it had been talked of to send the eonvicts to the New Hebrides (on avait parle d'envoyer les transportes m»x Nouvelles Hebrides). J\1. Hichard 'IN addington, speaking officially as a member of the Committee, said that the title to the New Hebrides was not Ibid. settled (ils'agit d'une qu.estion de propriete non encore determinee), but that he thought the French title was good, and that the Prench flag might very soon be hoisted on the islands (je crois q1te notre tiflre de possession est serie~tx, et que dans 1m avenir tres rapprocllii le pavillon de la France pourra y flatter) ; adding, however, Ibid. that in saying so he was speaking for himself and not for the Government (en engageant ma resposabilite seule et non celle du gmwernement). Another speaker went further, and said that, in response to the supposed action Ibid., seance du of England in New Guinea, the New Hebrides would be seized by France (pour repond1·e (~ l' A ngleterre, "·ui 8i 1 Jlai, '1. a·udaciwsement vient de mettre la main sur la Nouvelle-Gmnee, now saurons a notre tour nmts empare1· des lbid.,Juillet1888, Nmwelles Hebrides). The Chamber of Deputies, after adopting most of the Government Bill, sent it back for 200 Anne.zoe 2. revision to the Committee, who returned it with very little alteration. They estimated that in the first four years the number of convicts to be sent would be 20,000. The colonies to which the convicts might be sent remained the same, namely, New Caledonia and its dependencies, the Marqucsas, an island called Phu-Quoc, and Guiana. The Bill has passed the Chamber, but is not yet before the Senate. Your Lordship will not be surprised at our Governments urging that this scheme for making the Paeitlc Islands the receptacle for the dangerous classes of Prance is one deserving the serious consideration of Her Majesty's Government. It is impossible for Australasia to look without the gravest apprehension at the prospect of any proposal of the kind receiving the tacit acquiescence of England. What hope is there for the Pacific Islands, if a great nation like France pours into them vast numbers of her dangerous classes, not as convicts under penal servitude, but free the moment they land, so long as they do not return to France ; or how can Australia and New Zealand be expected to hear with patience of such a law being passed? There have been rumours of some proposal by which the penal establishment at New Caledonia should be altogether given up by France, and the convicts transferred to the New Hebrides; the inducement being that N cw Caledonia would then be opened to settlement by free colonists. We do not deny that there would be an advantage in freeing New Caledonia from the curse of transportation; but the Bill before the French Chambers expressly retains New Caledonia as one of the places to which the recidivistes are to be sent ; therefore, as to the New Hebrides, all Lord Oranville, the colonies trust that full effect will be given to Lord Granville's assurance in the House of Lords a few days 10 1883 July ' ' ago, that " both Her Majesty's Government and the French Government acknowledge in full the obligation which the understanding about the New Hebrides imposes upon both," and that the group shall not be allowed to pass in any way under the dominion of France. Nor is it only with regard to French policy that there is, in the opinion of the colonists, cause for some apprehension. It is often said that Prince Bismarck has no desire to extend the influence of Germany to the Pacific; but what happened in the case of the Navigators Group shows that idea to be a mistaken one. In the early part of 1880 a scheme was proposed in Germany for a great trading company to take over the Prince von Bis- property of Messrs. Godeffroy. In a communication to the Imperial Under Seeretary of State, Prince Bismarck mJarc1k, 1V8a80rzin, laid down the conditions on which the company was to receive a guarantee from the State of an interest of an. ' . 4~ per eent. on its capital, not to exceed 300,000 marks a year, and to be for twenty years. The Chancellor referred to "the interest which the State takes in the prosperity of German enterprise in the South Seas," and justified the financial assistance JJC proposed giving to the new company, by reason of the Godeffroy firm having " got into difficulties which threatened the German South Sea trade with the loss of their factories and plantaSir J. Vogel, tions in the Samoa Islands." A Bill to give effect to the Chancellor's proposal was introduced accordingly, April 30, 1880. but rejected by the German Parliament in April, 1880. Again, as recently as December last, the Hoyal Royal Colonial Ill!Jtitute, Dec. Colonial Institute called the attention of the Colonial Office to an article in the Allgemeine Zeitung strongly 9, 1882. advocating the annexation by Germany of Eastern New Guinea. The answer was that neither Lord Granville nor Your .Lordship saw any reason for supposing that tl1e German Government contemplated any scheme of the kind; but we venture to ask that a more definite assurance should be obtained from that Government, which can hardly refuse to recognise the vital character of the matter to every colony in Australia. Before leaving the subject of foreign intervention, we submit that it would be expedient to settle more clearly the extent to whieh the independence of the chiefs in the vat'ious islands is recognised, and their right to make treaties admitted? Where the treaty-right exists, is it quite certain that the Western Pacific Orcler iu Declaration, 19 1847 · June •
27 Council is in operation? For instance, the Navigators and the F'riendly Islands arc among those specified by name in the Order in Council; but we understand there is an English treaty with the" king" of Tonga; and m the case of the Navigators there is a treaty with Germanv, which Prince Bismarck communicated to the PrinceBismarck, 1 Ueichstag in 1879. A'nd we believe a treaty of some kind ~as made between Samoa and the U nitcd States, Jan. ' 1880• giving to the States the exclusive right of using the fine harbour at Tutuila as a coaling and nav11l station, the U .S. frigate NarTagansett thereupon saluting the chief's flag with fifteen guns; indeed, this treaty was afterwards the subject of a representation by Sir Edwanl Thornton to the Government of \Vashington. Again, several of the Powers have appointed consuls to the islands; Her Majesty has a consul at Rarotonga, a consul Fo~eign Office at Samoa, and a vice-consul at Tonga, while Sir Arthur Gordon, the High Commissioner, is Consul-General ~~at, 1883• for the Pacific Islands, the conduct of relations with native States and tribes being confided to him in that 8~~-;: ~~~~~: capacity, under the control of the Foreign Office. As there is nothing that can be called law administered by the native States and tribes, it is difficult to see how one day the same evils will not arise from conflicting Lord Dufferin, consular jurisdictions as have been so powerfully described by Lord Dufferin in the case of Egypt. Egypt, No. 6. The New Policy proposed. The two things we set ourselves to show were, first, that the \V estern Pacific Order in Council could never be made adequate to do what is wanted, without assuming a jurisdiction hitherto forbidden by Act of Parliament; and secondly, that the fear of foreign intervention which has existed in Australia was not without warrant. For this purpose we have relied not on assertions of our own but on official records, and with hardly an exception have only spoken of events that have happened in the last three years. If we have established these two points, then the Imperial Government can hardly reject the consequences, that the time has come when complete jurisdiction ought to be assumed by England over the-western Pacific, as the o1ily means of meeting the difficulties which beset alike the Imperial and the Colonial Governments, and of averting evils which threaten Her Majesty's loyal subjects in all that region. 'Ve have rejoiced to see that such a policy has already received the almost unanimous support of the EngliBh PrPs~. Some opposition to it is perhaps only natural. 'Ve are sensible of the repugnance that exists to the idea of adding to the already vast responsibilities of England a new and admittedly immense charge like tltat of the Western Pacific Islands. Yet it is difficult for any one to avoid the conclusion that these islands, unless they are meanwhile lost by foreign annexation, will inevitably belong to England in the end. The same impelling power, not of mere desires but of events, which induced the Imperial Government to do at last in Fiji what they had so often refused, is constantly at work, and incessantly being renewed and strengthened, with regard to the Western Pacific. But it was not till Fiji had lJecome the opprobrium of the Southern seas that Her Majesty's Government would interfere. Surely they will not now inflict upon Australasia the hard necessity of waiting till New Guinea also, and perhaps other islands, become Alsatias as dangerous as Fiji once was, scourges to the peaceable subjects of Her Majesty, and a disgrace to civilization. For it is vain to think that the tmde and intercourse between Australia and New Zealand and these islands can be suppressed. Settlement, both English and foreign, is spreading in every direction, yet of safety for life and property there is none. The High Commissioner himself has shown that it is quite impossible to do what is wanted by any Order in Council capable of being issued under the Act of 187 5 : in other words, impossible to do it without assuming the very JUrisdiction which it was the purpose of that Act to forbid. Nor would an international convention do it, for n convention could only extend to the nationalities concerned, and could not embrace the natives. England could not claim, in a convention with Foreign Powers, any jurisdiction over the native tribes, without herself asserting over them the same right of dominion as would be asserted by the policy the colonies are urging upon Your Lordship ; nor could any convention be made at all, without first acknow !edging that Foreign Powers possessed an equal right with England to exercise a right of dominion over natives, an acknowledgment against which every subject of Her Majesty in Australia and New Zealand would unite in making the strongest remonstrance. The case of New Guinea is very pressing, because whatever powers are given to the High-Commissioner they can, in the nature of things, be even less ex~rcised there than in any of the other islands. New Guinea is in such close proximity to Queensland, that whatever is done there must affect Queensland more than anything that is done in the other islands could affect the rest of Australia or New Zealand. All the trade of Queensland with Englaml and India by steam passes through Torres Straits: regular steam communication is now established there : it is really indispensable not only that the Straits should be free to navigation, but that there should be no risk of a Foreign Power establishing a naval station there. Adventurous men are occupying portions of the New Guinea coast-line, and irregular settlement is sure to take plaee more and more. What has so often happened will happen again. Failing the colonization of the great island under proper authority, adventurers will flock there who will neither show regard for the native inhabitants nor be under any restraint among themselves ; the evils and dangers which existed in Fiji will repeat themselves, only on a larger scale, and Queensland o[ all the Australias will suffer from them the most. This has been stated over and over again, in speeches in both Houses of the Imperial Parliament, by the Governments and Legislatures of Australasia, by the Royal Colonial Institute, and by private persons of high rank and experience in affairs, till we are almost ashamed to repeat it ourselves ; yet it must be repeated, for the danger is not far off and a pretence, but imminent and a reality. Surely the Imperial Government cannot continue to refuse so reiterated an appeal. Dut if, fearing the responsibility of assuming authority over a vast and inaccessible region of mountains and forests, peopled by several millions of savages, the Imperial Government finally determine not to take full jurisdiction over all New Guinea east of 143°, we trust that the same objection will not apply against establishing law and order along the coast where settlement is now extending. Let it at least exist over the fringe of the southern coast-line for the present, as was done the other day on the 'V est Coast of Africa. No Act of the Imperial Parliament is necessary for this purpose, because Her Majesty has the same right now to assume jurisdiction over the southern coast-line of the island as she had to assume it when the islands in Torres Straits were annexed; and, if it were deemed more convenient, the same process as was adopted then might be adopted now of giving power by letters patent to the Governor of Queensland to declare by proclamation Lette!a Patent, that certain portions of the coast-line of New Guinea should be annexed, under such conditions as it might be 42 VIct. thought fit to prescribe. \V e have referred to the irregular settlement that is even now taking place. We must with all respect Sir A. Gordon, remonstrate against the doctrine laid down by the High Commissioner on the New Guinea question in 1878, ~;~,"'M~~~ when he "formally and emphatically declared that the Imperial Government disclaimed all obligation to protect or interfere on behalf of persons voluntarily placing themselves in positions of dang11r in a savage country, and
28 that those who entered on such enterprises must do so at their own risk and peril." It is certainly not by colonists who have founded communities on the other side of the world, whose trade already exceeds in volume the whole foreign trade of England at the accession of Queen Victoria, that this doctrine will ever be acquiesced in. It was by "voluntarily placing themselves in danger that English adventurers built up our Indian and Colonial Empire, and created a commerce which now is numbered by hundreds of millions every year; nor is the colonizing spirit which has done that work capable of being extinguished by the knowledge that the enterprise of founding new settlements invol>es risk and peril. But at least it may be said that if the Imperial Government was not to interfere on behalf of English settlers, it should not interfere against them. It surely can never be contended that an elaborate scheme of government was to be invented whose sole object should be to punish a subject of the Queen for any wrong he might commit, while it denied him redress for any wrong that he might suffer. I mpe1·ial Interest also concerned. So far we may perhaps be Raid to have urged only points that specially affect colonial interests, or, at any rate, do not closely touch Imperial ones. This may be true so long as Europe is at peace; but the Imperial interest would spring up the moment any war broke out which involved England in hostilities with a European Power. The Imperial Government have called upon the colonies to do their part in the defence of their own harbours, and our Governments have not only acknowledged they had a duty in that respect, but are doing their best to fulfil it. They feel that they have a right to ask in return that the task shall not be more difficult for them than the Imperial Government can help, and that they shall not be exposed to the creation of fortified naval stations and places d'armes in the Pacific, which should shelter an enemy's fleet and threaten their commerce, their coal measures, and even their safety. The nation will never permit that her naval supremacy in the Pacific shall be endangered ; and it can hardly be contested that if France and other European Powers created new na>al stations in the islands, the existing conditions in all that ocean would be changed, and everything relating to Her Majesty's Australian squadron assume a new aspect and a new importance. Concert between the Imperial and Colonial Governments. But while we have thus represented what the Australian Colonies believe ought to be done by the Imperial Government, they are also ready to acknowledge what they ought to do themselves. Your Lordship stated in the House of Lords that, if anything was to be done, it must be done either by the Imperial Government itself, or by the Australian Colonies acting together in concert, or by the Imperial and Colonial Governments combined ; and we assure Your Lordship that our Governments will hail with the greatest satisfaction such an invitation to them to co-operate with the Imperial authority. There are two immediate ways in which the colonies can give their co-operation-by contributing to the cost of the policy they are asking Your Lordship to pursue, and by placing themselves in a position to act in union with each other and in concert with you. As regards the first, whatever differences there were when Lord Carnarvon made his proposal of 1876, there are none now. The Victorian Parliament has already passed an address, assuring Her Majesty that Victoria will share in the cost of the policy whi eh is being urged upon Your Lordship ; the Queensland Government has assured Your Lordship of its readiness to do the same ; and the other colonies will also do their part. But it does not need for us to remind Your Lordship that no Ministries can engage for the payment of indefinite sums, and that the assent of our Legislatures to grants of money must be expressed in the usual way. Permanent appropriation will certainly be necessary ; and for this not only time is required, but consultation among the Governments, arrangement of the respective contributions of the colonies, and the passing of the requisite votes. In the meanwhile, the first point for us to know is the amount which the Imperial Government would require to be provided for whatever action is contemplated by Your Lordship. As regards the other question of concerted action between the Imperial and Colonial Governments, Your Lordship expressed your opinion to us, at our interview with you, in the clearest terms, and repeated it in the House of Lords. " If," you said, "the Australian people desire an extension beyond their present limits, the most practical step that they could take, the one that would most facilitate any operation of the kind, and diminish in the greatest degree the responsibilities of the mother country, would be the confederation of the colonies into one united whole, which would be powerful enough to undertake and carry through tasks for which no one colony is at present sufficient." The large question of federation which Your Lordship has here raised is one on which the colonies have not made up their minds, and is one of too grave moment to be decided even under the sway of the strong feelings which now exist among them respecting the policy that ought to be pursued in the Western Pacifir. But there is nothing to prevent concerted action at once with the Imperial Government for that particular policy ; and we acknowledge that Your Lordship may justly require not only such concerted action, but joint engagements on the part of the Colonial Governments for the permanence and stability of the policy itself. This, too, requires time, consultation among our Governments, and probably legislation also-at any rate concurrent resolutions in the respective Colonial Assemblies. On the other hand, the colonies will not imagine that Your Lordship has invited them to a co-operation which is to be barren of results ; and our Governments will feel assured that if they on their part pasA the requisite appropriations, and combine for that concert with the Imperial Government which is necessary for any policy to succeed, they may rely upon the policy itself being adopted, and effect being given at last to the wishes which they have cherished for more than thirty years. In once more urging these wishes on Her Majesty's Government, they have not come as suppliants for some light favour, but as Englishmen to whom their country has given a great destiny which must be kept from harm ; desiring no new territories for themselves, but asking that the Queen's subjects may enjoy the blessings of peace and order where now the law has no terrors for the evildoer ; not seeking by a clearer policy to set new burdens on the English taxpayer, but willing themselves to bear its cost; and welcoming with gladness an invitation to he associated with the Imperial Government in a work which must assuredly be done one day, and can as certainly be best done now. \Ve have, &c., SAUL SAMUEL.
F. D. The Right Honourable the Earl of Derby, }ler Majesty's Principal Secretary of State for the Colonies, ~c., &c., &c.
BELL.
THOMAS ARCHER. R. MuRRAY SMITH.
(Enclosure No. 2 to P. 772.) GovERNOR WELD TO THE EARL OF CARXARvoN.
Government House, Perth, 14th July, 1874.
MY LoRD, I have received your circular of 17th April, 1874, in respect to Papua, or New Guinea. 2. I think the general feeling of these Colonies would be in favour of Annexation. 3. My own view would be in favour of Annexation, if, in assuming the rights, we also assume the duties of sovereignty, and fairly carry them out. 4. I think that a great nation, and especially a great maritime, colonizing, and commercial nation, cannot well stand still ; when its growth ends, its decay begins. And there are circumstances wherein the annexation of fresh territory becomes not only justifiable but almost a duty. Such a case, I think, is that of Papua. Its proximity to our territory, its geographical position in relation to the commerce of these seo.s, might, were it in the hands of a powerful nation, render it neccsssry, in the event of war, forcibly to seize it; whilst, if in the hands of a weaker nation, we have no security for its not being transferred to a more powerful one at any time, or for the maintenance of internal order, which, from its proximity, may be very important to us. It will, moreover, be impossible to prevent its being settled, mainly no doubt by British subjects, with the certainty that if we do not interfere it will become a refuge for criminals, and all kinds of lawles:;mess and outrages on the aboriginals will ensue. Therefore, I am in favour of occupying it; but I hold that such occupation can only be justified by occupying it in sufficient force to establish British sovereignty in fact, and not only in name. 5. Intimate acquaintance, not only with New Zealand from its early days, but also with its native inhabitants, has convinced me that the greatest injustice is done to a native race when they are not at once taught that the Government is not only just and benevolent, but firm, and that its authority is supreme and its power irresistible. I by no means propose that British rule should necessarily assert itself at once in all things and everywhere within the annexed territory ; on the contrary, so far as possible, native customs must be respected and native rights secured ; settlement concentrated, and collisions most carefully avoided ; roads gradually pushed forward, if possible by moans of the natives themselves ; but an armed force should be maintained, partly composed of natives, the European part of it accustomed to the bush, armed in the best possible manner, not drilled as regulars, but trained to fight in bush fashion ; taught to hut themselves, to cook for themselves, to carry provisions and equipments in the lightest and most concentrated form. These men would carry on public works and ordinary police duties, and when wanted for service would not make campaigns, but would act with rapidity and decision, a few against superior numbers, points essential in dealing with uncivilized races in wild country. There is a gentleman now in England, Lieutenant• Colonel Whitmore, C.M.G., late of New Zealand, who knows my views well on this subject; and who has had practical experience as well as theoretical knowledge of military operations in the bush with such a force as I describe, which it was my object to establish in New Zealand, and which has entirely fulfilled my expectations there. 6. The government of a new tropical settlement, in a country inhabited by an uncivilized or semicivilized race, and where the future labouring population will be probably native or Asiatic, should, so far as possible, be placed in the hands of one man. 7. Advances should be made fairly to set on foot the new colony in the form of a guaranteed loan. Like a far-seeing landowner or merchant, we should look to future returns; but, with the exception of having a sufficient force at the outset to make the Government respected, everything might be done on as economical a scale as possible, consistently with efficiency. 8. I hope that Your Lordship will not think that I have gone out of my province in indicating these heads of consideration. I cannot, in reply to your despatch, avoid touching, however lightly, upon them, because I think that they are essential to the main question. I have strong grounds for believing that no Australian Colony would, or probably could, carry out the duties of sovereignty, if such duties were delegated by the Imperial Government, and I am strongly of opinion that no country has a right to annex an inhabited country if not prepared to carry out those duties. To do so, it is necessary to occupy it with force at your disposal, and he who wields that force should be directly and personally answerable to Her Majesty and her advisers that his policy be just, wise, and Christian. I have, &c., (Signed) !1'R.ED. A. WELD, Governor.
P. 819.
Sm,
THE PREMIER OF TASMANIA TO THE PREMIER OF VICTORIA.
Premier's Office, Hobart, 31st August, 1883.
I have the honour to acknowledge the receipt of your letter* No. 455, dated 25th instant, together with a copy of your reply to the Queensland memorandum as to the annexation of New Guinea. * Vide 2 S.-No. 42.
30
I desire to thank you for the information thus supplied, and to assure you that this Government is sincerely desirous to co-operate with the Governments of the Continental Colonies in the furtherance of all matters of Australasian concern. Both Houses of our Legislature have, upon the invitation of Ministers, agreed to present an Address to the Queen, praying that she will be pleased to take such effectual measures as will prevent the island of New Guinea or any of the Islands of the South Pacific lying between New Guinea and Fiji (including New Britain and New Ireland), from being taken possession of by any Foreign Power, either for the formation of a penal settlement or for the purposes of colonization. This address will be telegraphed to England immediately after its formal adoption by the Legislative Council this evening. I am writing you by this post in reply to your circular as to the proposed Convention of Delegates to consider the question of a Federal Government for A11stralasia. I have, &c.,
w. R.
No. 558.
GIBLIN.
TELEGRAM. FROM THE PREMIER OF VICTORIA TO THE AGENT-GENERAL.
Melbourne, 7th September, 1883. Reuter's telegram, dated Paris, 5th September, reports two French War steamers despatched Hebrides. This looks ominous. I am questioned in Parliament. Supineness of England most vexatious and may lose us these valuable islands. Convention fixed for November, all Colonies joining.
No. 586.
THE PREMIER TO THE AGENT-GENERAL.
Premier's Office, Melbourne, lOth September, 1883.
Sm, No.l4M of Cl July. No. 1589 of 13 July. No. 1731 of Z1 July.
I have to thank you for your letters (specified in the margin) respecting the very important question of the annexation of the Pacific Islands. It is probable that the reports in the public press will have already made you aware, in a general way, of the progress of this matter. I now transmit* herewith for your information a copy of a circular, dated 25th August, from which you will perceive that the other Colonies have agreed to attend the proposed Convention, and that I have accepted the position of Convener. A further circular* is just about to be issued announcing the last week in November as the date of the Jneeting, and formally requesting the appointment of Delegates. Of this also I enclose a copy herewith. It is a point of interest in these proceedings that this subject has been taken up hy the Crown Colony of Western Australia with quite as much cordiality as by any of the other Colonies, and it too has consented to send representatives to the Convention. Encouraged by this I have issued an invitation to the Colonial Secretary of Fiji, as the colonists of that island must be at least as nearly interested in the subject as the rest of this group. * 2 S.-No. 42.
31 The representation of this Colony would certainly add to the completeness of the movement. If some slight influence exerted by you with the Colonial Office would lead to their authorizing a delegation from Ji'iji, perhaps it would be worth while. · A telegram conveying the authority could be sent to Sydney and forwarded by packet-possibly just in time to be acted upon. I have, &c.,
J AMES
SERVICE,
Premier.
P. 910.
TELEGRAM. THE AGENT-GENERAL TO THE PREMIER.
London, 13th September, 1883. Colonial Office replied joint letter; very unsatisfactory, admitting care and ability. Historical statement says referred Gordon and Admiralty for consideration. Doubts whether so much ignorance in Australia regarding claims Foreign Powers as we apprehend. Samoa independent kingdom, recognized European diplomacy ; Tonga ditto. England and Fmnce have since 1878 respected independence Hebrides. Position these groups, relation to Foreign Powers cannot he summarily ignored. Referring other groups, Solomon Islands, &c., Colonial Governments hardly considered responsibilities involved, assumption of which Imperial Government not satisfied necessary or justifiable. Guinea nothing to add former despatch. Lord Derby concludes Governments desiring bearing cost of measures, indicated his final paragraph will confer make proposals and furnish effective guarantee for expense, also make similar definite proposals concerning other islands not already connected Treaty or otherwise with Foreign Powers. Head with attention observation regarding French penal settlements. Communicating with Foreign Office. Inform other Governments promptly. Other Agents absent. Am arranging meeting early date.
R.
P. 916. 1853/83.
MuRRAY SMITH.
THE AGENT-GENEHAJ, '1'0 THE PREMIER.
8 Victoria Chambers, 'Westminster, lOth August, 1883.
SIR, Referring to my despatch, No. 1737, of the 27th ultinw, on the above subject, I have the honour to advise that, although no answer has yet been received to the address of the Agents-General to the Imperial Government, we have been enabled, by agreement with the Colonial Office, to make its contents public. The necessary permission was granted on the 3rd instant, in answer to the request of Sir F. Dillon Bell and myself, and I immediately forwarded copies of the document, with special letters, to the principal representatives of the Press in London, asking our advertising agents to undertake the same work for the country. Leading articles, with scarcely an exception, decidedly favorahle in their tone appeared, a selection from which I enclose herewith, and would specially call attention to that from The Times, and two more from the St.James's Gazette. vVe trust to receive an answer to our communication early next week, and shall then seek another personal interview with Lord Derby, No 38.
32 when we hope to force him to some definite action. As far as I can learn, it is in contemplation to separate the jurisdiction of the Lord High Commissioner of the Pacific from the Government of 1Tiji, and extend it in some 'Nay not yet disclosed. This, I think, may become the basis of what may be made a satisfactory measure in the direction of a Protectorate. The position of the New Hebrides Group is, howeYor, very unsatisfactorY. I learn from the Colonial Office that the :French authorities now declare our Government to be bound by mutual agreement not to annex Ne\v Guinea if they refrain from annexing the New Hebrides, an allegation entirely unsupl)Orted by any evidence that I can discern, but urged by them with much vigour. Their position, in fact, amounts to a demand for these islands, and the tension between the Governments of the two countries increases the difficulty of coming to any understanding. Meanwhile the infamous measure, to which I alluded previously as being before the .French Legislature, has become law,:~~< and we cannot tell at any moment when a shipload of their miscreants may not be despatched to the Pacific. ·I should have telegrapheJ this intelligence to you, but found it was being forwnrded by the local representatives of the Australian Press here. In the absence of my colleagues, I took an opportunity of audressing the Colonial Office on this suhjeet, in my letter of the 7th instant relating to the deportation of Irish informers, and I trust it may receive prompt attention. I have sent to Paris for a copy of the Act above referred to, and hope to receive it in the course of a few days. I have the honour to be, Sir, Your most obedient servant, THE Ho.NoRABLE THE PREMIER, MELBOURNE.
P. 1073. 1969/83.
RonT.
lVIuHRAY SMITH.
THE AGENT-GENERAL TO THE PREMIER.
8 Victoria Chambers, Westminster, 24th August, 1883.
SIR, Referring to my former communication of lOth instant, No. 1853/83, on this subject, I have to thank you for copies of a confidential despatch aJdressed by the Government to His Excellency the Governor, forwarded in your letter of 23rd June, No. 103. I have thought it desirable to place one copy in the hands of each of my colleagues, calling their attention to its confidential nature, and trust it may assist us in our further negotiations with the Imperial Government. I notice with interest the evident desire of the natives of the New Hebrides Islands to obtain the benefit of an English protectorate, and the reluctance to accept French rule, a consideration which I have reason to believe is being strongly pressed upon the Government here. Meanwhile we can obtain no reply to the despatch which we adJresseJ to the Colonial Office, and the utterances of the Prime Minister, in the House of Commons, have been somewhat of an unsatisfactory character, as you will perceive by the enclosed extract; I have therefore thought it advisable, in the absence of my colleagues, to address a letter to the Permanent Under Secretary, pointing out that we have already "maJe known our real wishes," to which we are still expecting an answer. Mr. Gladstone is of course quite wrong in saying that we have not included New Guinea in our statement. It is somewhat difficult just now, owing to the slackness of business which prevails during the present month, to transact matters at the Government departments, *NOTE.-This must be a misapprehension, as the measure ha.d not then become law, nor has it yet according to the latest advices received in the Colony.-E. J. THOMAS. 10/4/84.
33 but a'> soon as my colleagues return to town, I tntst we may obtain another personal interview with Lord Derby, and press for some distinct answer on the subject in which we are so deeply interested. I have the honour to be, Sir, Your most obedient servant, RoBT. MuRRAY SMITH.
THE HoNORABLE THE PREMIER, MELBOURNE.
P.S.-Enclosed, please find a copy of the French Act, just received.
(Enclosure No. 1 toP. 1073.) "DAILY NEWS "-20{8/83. NEW GUINEA. MR. A. BARTLETT asked if the Australian Colonies were to consider that the question of New Guinea had been decided upon by the Government unfavourably to the wishes of the Colonies. Had the Government taken into consideration the threatened action and tendencies of France? MR. GLADSTONE.-In answering the question of the hon. member I must except from my reply any reference to the present tendencies of the French Republic, and omit making any accusation against that or any other Government with respect to undue tendencies to acquire territory. \Vith regard toN ew Guinea, I may repeat what I think has been stated on the part of the Government before. We have no reason whatever to apprehend any intention on the part of any Foreign Government to make new territorial claims or establishments with respect to New Guinea. As to the direct question of the lwn. member I conceive the position to be this. It came under our notice in connexion with a particular proceeding on the part of the Government of Queensland, and the important question for us to consider was whether we should confirm the so-called Annexation, or whether we should keep the question open for further information, or, lastly, whether we should decide altogether to annul the proceeding and quash it by the authority of the Crown. It was the last of these courses that we decided to adopt, and that proceeding has been absolntely and eutirely quashed. But in doing so it was not necessary for us to say anything as to the future, and say there were no circumstances whatever under which any question relating to further measures with respect either to the coast or any particnlur part of the ishtnd might or might not be entertained. The whole of that subject remains exactly us it would have been in case the proceedings of the Government of Queensland had never taken place. The hon. member is in error in saying that the views of the Australian Colonies were laid hef'ore us by a deputation. The deputatiou had relation to the adjacent islnntls, and not to the great eonntry of K cw Gnint>a. As to the real u:islt of the A 1udmlirm Colon,ies, it is pm:fectly OJJI!n to tlwm to make it known; and it wdl Le the dnty of the Government to give a respectful and eareful attention to any expression of opinion they may make. :MR. l-IACFARLANE inquired if it was to be inferred from the language of the Prime Minister that other Governments had given an assurance that they would not annex New Guinea. Mn. GLADSTOXE.-I do not think I had Letter go into uny further details. When I said we had no reason to apprehend any intention on the part of any Foreign Government to muke new territorial claims, the evidence was by no means of a negative character.
(Enclosure No. 2 to P. 1073.) No. 1330.-CHA:M:BRE DES DEPUTES.
Troisi8me Legislature, Session Extraordinaire de 1882, Annex au proces-verbal de la seance dtt 11 Novembre, 1882. PIWJECT DE Lor.-Sur la relegation anx colonies de::; recidivistes et malfaiteurs d'habitude, et sur !'interdiction de sejour dans le departuient de la Seine. (Uenvoye i1 la Commission des recidivistes). Prcs,mtf au nom de M. J ules Grevy, President de la Republic fran<;aiso, par M. Fallieres, Ministre de l'Interieur et des Cultes, et par M. Deves, Gm·de des Sceaux, Ministre de la Justice. Exl'OSE DES MOTIFS. 1fESSU:t;RS, Arr ~ter
la pro~?;ression incessante de la criminalitc, garantir les intercts prives et la securite publiqne coutre les entreprises des malfaiteurs d'habitude et de profession, telle est la neccssitc constatee de puis plus de soixaute ans par les divers gouvernementes qui se sont succede en France; tel a ete l'ohjet des etudes des jurisconsultes et des hornmes d'Etat les plus eminents ; telle semble ctre actuellement un des plus reelles preoccupations dn public. U n important pro jet de loi a presente deja Ies questions a resondre. Le Gouvernement devait, pour sa part, preparer les solutions ; c'est ce qu'il s'est efforce de fain; ici.
34 Le8 conditions tPexistence et de developpement de notre laborieuse societe contemporaine ne lui permettent pas de rester indifferente a certnins dommages, insouciante de certnins dangers. Grace a la science et a l'industrie, !'effort individuel, en quelque sens qu'il s'exerce, est decuple dans ses effets ; il pent s'uccroitre indcfinimeut pur !'association. Chaque progres cree une force dont les intelligences et les passions peuvent user en mal comme en bien. La loi et la justice, potu ne pas devenir impuissantes, doivent done suivre dans leurs transformations, dans leur aggravation, le crime et le delit, c'est-a-dire les causes de souffrance et de destruction. I .. a statistique judiciaire ne dispense que trop de toute demonstration. Trois classes ;~ont a considerer dans le contingent general des malfaiteul'S: 1° Les eriminels; 2" les delinquants; 3° les jeunes de tenus, deja delinquants ou criminels, lea moins odieux sans doute mais non les moins redoutables puisqu'ils ne sont qu'au debut de la vie. 1° Les C1·iminels.-Lc compte general del' Administration de la justice criminelle en France pour 1880, recemment presente par M. le Garde des Sceaux, eonstate que le nombre moyen annuel des indivi· dus accuses de crimes a ete, sans defalcation du chiffre des acquittes, savior : De 1826 a 1830 7.130. De 1831 a 1835 ••• 7 .4fi6. De 1851 a 1855 7.104. De 1856 a 18fi0 5.383. De 1871 1875 .5.072. De 187fi a 1880 4.374. Il y avait done progression dans les deux p1·emieres periodes. Une notable uecroissance s'est pro· duite a la troisieme, de 1856 a 1860, et s'est contiuuee depuis lors. Rappelons que la loi des 30 mai, 1er juin 1854 a frappe d'cxpatriation temporaire ou perpetuelle certaiue categoric de criminels, les condamnes aux travaux forces. La criminalite ne s'est pas relevee. Le nombre total des accuses en 1880 a ete de 4.125, dont on pent defalquer 1.022 acquittes. Il y a eu 23 coudamnes a mort, 126 aux travaux forces a perpetuite, 741 aux travaux forces a temps, 621 a la reclusion; 1.562 n'ont ete frappes que de prison ou d'amende; 30 etaient des enfant~ a detenir daus un etablissement correctionel. Expatriation des condamnes les plus coupables, voila done la mesure a laqnelle semblent conelure les chiffres, et ils sont confii·mcs par le releve suivant des recidivistcs criminels: Le nombre moyen annuel des accuses en etat de recidive legale a etc: De 1826 a 1830 1.107. De 1831 a 1835 1.38fi. De 1851 a 1855 2.314. Le mouvement de progression n'etait que trop rapide. Mais il s'arrete tout a coup, et tourne en sens
a
inver~e:
De 1856 a 1860 1.923. De 1871 a 187 5 1.858. De 1876 a 1880 1.656. Pour l'annee 1880, le uombre total des accuses en recidive a etc de 1.499 dont 425 pour crimes cont.re les personnes et 1.074 contre les proprietes. 2° Les delinquants.-Nombrc moyen annucl des delits communs juges par les tribunaux correctionn els : De 1826 a 1830 41.140. De 1831 a 1835 46.496. De 1851 a 1855 124.5()0. De I 85() a 1860 122.532. De 1871 a 1875 132.623. De 1876 a 1880 146.024. N?r:'bre moyen annuel des prevenus de delits quelconques en etat de recidive legale pendant les memes penodes : De 1826 a 1830 4.101. De 1831 1835 fi.810. De 1851 a 1855 32.fi18. De 185() a 1860 40.332. De 1871 a 1875 60.184. De 187() !~ 1880 70.731. De ces 70.731 delinquants recidi vistes 495 en moyeune annuelle avaient en eo urn prccedemment les travaux forces, 1.203 la reclu~ion, 13.428 l'emprisonnement de plus d'un an, 45,721 l'emprisonnement d'un an et moins: 49.010 en moyenue out condamnes une fois pendant la meme annee, 7.220 deux fois, 1.578 trois fois, 417 quatre fois, 107 cinq fois, 35 six fois, 12 sept fois. Sans doute, s'il fallait appriicier leH circonstances et les causes diverses de telles aggravations, de longues explications seraient neeessaires. Mais de toute fac;on la conclusion s'impose d'un mot: il faut 1nreter cette progression incessante. 3° Les Jeunes Detenus.-Des 1.557 jeunes detcuus qui avaient ete libCres en 1880, 44 out ete condamnes de nouveau avaut la fin de la memo annec, sa voir: 1 pour crime et 43 ponr delits, 37 out ete condamnes une fois, 4 t!enx fois, 2 trois fois, 1 qnatre fois. Les libercs de 1879, ctaient an nombre de 1. 738. Avaut le 31 dtcembre 1880, 171 avaient ete condamnes de nouveau, dont 11 pour crimes et 160 pour detits. Les libercs de 1878 etaieut an nomure de 1.539. Avant la fin de 1880, 228 ont etc condamnes de nonveau, do ut 14 pour crimes et 214 pour delits; 40 ont ctc condamncs deux fois et 21 trois fois. Tel est le mal. Ou trouver le remede ? On l'a cherche so it duns l'aggmvatiou des peiues, wit dans leur mode tl'application. Reforme penale ou reforme pe~itentiaire, punir plus ou punir micux, voila les deux precedes. Sous la Restauration et le Gouvernement de juillet ont ete etudiees les ameliorations du regime des prisons propres a rendre plus reels le chatiment et l'amendement des condamnes. A
a
ete
35 Le deuxieme empire s1est occupe d'accroitre les peine~. En 1872, l'Assemblee uat.ionale, reprenant les projets de reforme penitentiaire, a organisee une vagte enquete, on se sont precisement accentues le mouvement d'opinion contre les malfaitenrs d'habitude et l'idee de !'expatriation des rccidivistes incorrigibles. La loi de 1873, produit des travaux de la Commis::;ion d'enquete, a reclaime !'application du regime cellulaire aux detenns de courtes peines, afin de mettre un terme a la promiscuite des detenus, a ce contact d'oil nait la contagion du mal, a cet enseignement mutuel du vice, qui semblait, disait-on, faire de certaines geOles correctionnelles des ecoles preparatoires du crime. Cette loi, qui ne pouvait imposer aux departements la depense de refection immediate de toutes leurs prisons, ne s'applique q ne graduellement, par transformation successive des prisons departementales, grace aux sacrifices consentis par les ccnseils generaux et encourages par l'Etat. Le Gouvernemtmt met tons ses soins a preparer, dans son ensemble, la reforme penitentiaire. Il etudie actuellement les modifications que pourrait comporter le regime des maisons centrales et celui des Colonies de jeunes detenns. Car il ne suffit pas de frapper le crime et le delit en pleine force; c'est an debut, des l'enfance, qu'il faut arreter la depravation morale; c'est dans son recrutement qu'il faut atteindre l'armee des delinquants et des crirninels. Mais, si feconde que puisse etre une telle a:mvre, c'est du temps qu'il faut en attcndre les rcsultats. II s'agit d'un regime de saine hygiene applicable a une maladie inveteree. Or c'est tout d'abord d'une crise aigue que se plaint le public par !'accumulation des recidives, et il serait pwlril d'esperer que les veterans recidivistes seront touches des intentions et gneris par les efforts de !'administration en vue de l'amendement futur des condamnes. Ainsi s'impose de fa<;on decisive, comme une micessitc de preservation sociale et meme comme condition d'amendement a venir pour les condamnes non incorrigibles le remede redame avec instances, voici dix anncs, par les hornmes assurcment les moins suspects d'emportement et de temeritC, les moins partisans des mesnres d'exception et des proccdes empiriques,--c'est-a-dire l'eloignement hors de France des recidivistes et malfaiteurs incurables. Il serait inutile de rappeler les manifestations d'opinion et les discussions approfondics qui se sont produites dans une deriode recente. Mais il convient d'indiquer I' esprit general et de justifier les principales dispositions du projet que le Gouvernement presents afin de repondre a un besoiu signale avec tant de persistance et d'energie. Des objections ont ete faites sur le prineipe rneme et sur !'application d'une loi semblable. Ne seraitpce pas un exces de rigueur que de donner nn ef'fet perpetuel a des condamnations pour sirnples dClits? Ne troublerait-on pas l'ordre des juridictions en conferant un tel pouvoir a un tribunal correctionnel? Enfin, les faits ne semblent-ils pas demontrer que les magistrats repugnent souvent a !'application de pciues ex:traordinaires contre la recidive? Repondons d'abord qu'il est toujours loisible un condamne de se faire juger par unc eour, en appel. Ajoutons que ce n'est pas un delit que l'on frappera, mais une succession de delits choisis purmi les plus graves. N'impliqueront-ils pas par eux-mems et par cette succession une perversite plus profonde que ne le fait un aete isolc qui se frouve h-;galement qualifie crime et pent cornme tel motiver une peine perpetuelle? L'auteur de cinq vols simples est-il plus interessant que l'autcur d'un seul vol qualitie? D'ailleurs, e'est la loi qui prononeera la rc!Cgation. Le pouvoir indispensable laises an juge, c'est d'apprccier successivernent, dans les lirnites fixees par le Code penal, la quotite de chacune des condamnations dont le total entral:nera de plein droit la reJCgation. Rappelons enfin qu'en cas de crime, !'arret de la cour ne vient qu'apres le verdict du jury, qui reste maltre de la condamnation. D'emiuents criminalistes se sont demande s'ile ne serait pas plus logique de reformer le Code penal dans ses principes memo sur la recidive, que de suppleer, en fait, a son insuffisance sur quelques points. ]1:; ont critique la methode g~nerale qui consists a determiner la peine encourue en chaqne cas d'apres la definition et la classification legale de !'infraction recidivee, non d'apres la situation penale et la culpabi* lite reelle dn reeidiviste. J>our tel genre de vol, ce sera tant de prison, et tante de plus avec telle circonstance. Il semble que ce soit ainsi l'acte qu'on punisse et non pas l'homrne. Et pourtant un individu trois fois, quatre fois, cinq fois auteur d'actds indentiques, sirnilaries ou moralement assimilables, n'est-il pas plus conpable et d'une culpabilite toute autre que l'auteur d'une premiere et meme d'une deuxieme infraction? Ce n'est pas, semble·t·il, un simple delit qui se prodnit en addition a quatre mitres, c'est un delit multiplie, un deli t a la cinquierne }lUissance. Si l'on vonlait etre logique, la conclusion scrait d'aggraver les peincs de la rccidive et d'obliger les jnges a les ele\·er a tel point qn'ou ne risquerait pas de revoir souvcnt un recidiviste en justice. Supposons, par exernple, que certains delits, en tels cas de reeidive, soient consideres et frappes comme crimes. On vel'rait appara!tre les peincs longnes on peopCtuelles et disparaitre les courtes peins d'emprisonnement qui ne constituent, il est vrai, ni garantie complete pour la secaritc publiqne ni moyen efficace d'intirnidation et de correction des malfniteurs. Mais de telles propositions ne pourraient gw\re etre formal&~ sans mettre en cause d'un seul coup, nos institutions penales. Leur effet ne pourrait etre immcdiat, et leurs consequences pourraient etre imrnenses, double raison qui peut en retarder l'exarnen decisif. On trouverait pen de jurisconsultes qui ne voient fort a reprendre an Code penal ; en trouvcrait-on davantage qui n'hesitent a le toucher par la base, a moins da songer, a le rcfoindre en en tier? Il est permis de poursnivre actuellement une renvre moins etendue et plus urgente. et }'idee meme qui Ee dcgage du projet actuel pourra Servir a la solution des probJemes Je l'avenir. Cette idee, que le bou sens Sll)rgere, que l'intcret general reclamc et que les principes de droit criminel ne repoussent assurement pas, c'est bien, en effet, que la repression ne doit pas se mcsurer seulement an rang qu'ocenpe nn rnefait dans la hierarchic officielle des crimes et delits, mais au degre de perversite qu'il implique et an danger qu'il cree pour la societe. Vauteur ou le complies d'une banqucroute frauduleuse, d'un vol domestique, d'un meurtre par vengeance ou pnr amour est-il pins abject et pins pernicienx que !'habitue du vol, de !'attentat anx mreurs on de l'escroqnerie savamment combines? Ponrtant, un fait qualifie crime rnilme aiscment aux tra,·aux: forces et lcs travaux forces pour lmit ans menent a !'expatriation perpetuelle. La recidive de crime a crime est punie avee rigueur, et les dclits odienx qui auront deshonore des families, ruine des milliers d'honnetes gens se repeteront indefinimcnt, sans oter au coupable, apres liberation, la satisfaction der eprendre en France l'exercice de son metier de predilection,
a
36 V oilit ce que u'admet pas la conscience pnblique, et e'est au Iegidateur q u'elle lai;:;se la tache de tradnirc son sentiment en mesurcs equitable~ et eflicnee~. Prendre pour uu premier e~sai, pour nu premier effort, un champ trop large ne scmit pas 8111\S inconvenient. En IU:l tie re :cussi gm vc, les moiwlre,.; mecompte~ sont a reLlonter, et eertaine prudence est Ul\0 garantie de succe,;. Il faut que la loi nonvclle n'eveille aucun donte dans les esprits, et qne les erttegoric:> vis6es appnmissent nvcc certitude cornme frappecs a bon droit. :Mienx vaut In chance ue laisscr echappcr qnelques miserables que le danger de fmppcr an dcla du ju8te et de l'ntilc. Avaut tout, la rccidive du crime. V oici deux eondmnnations a pi us d'unan d'cmprisonnemen t enconrnes pour erirnes par le meme in(lividn. :Nlai;; il eclutppc encore a une peine ayant pour effet legal de l'eloiguer pour toujours de France. Verra-t-on se perpetucr cette lutte etrange d'un homrne flelri deux fois par le jnry memo et recommencant a braver lcs lois de son pays ?-Non. A !'expiration de sa deuxieme peine il sera relegue. S'il a ete victime de circoustanccs exceptionnelles et d'unc fatalite achnrnee, s'il est encore digne de compassion et de clemcnce, ne rcstera-t-il pas le droit de grace pour adoucir son sort? Tel autre a suhi uno comlamuation pour crime san~ que sa pcine )'eloigne de France a perpetuite et diverses condamnations pour dclits, on le voici SJnlement comlamne pour uno suite de delits. A clmque pl>riode de liberation, il reprend ses habitudes, qui consistent a deshonorer, voler ou assommcr les gens. Comment le saisir et l'ecarter 1<\galement sans porter coup a d 1 autres moins coupables et moins dangereux ? Il fandra bien proceder en determinant les categories de delit& les plus importants a reprimer, puis le nombre et la gravitc des condamnations a mettre en compte pour ehaquc reeidiviste en vue de son expatriation. Nons sortons ainsi du cadre de la rccidive legale tel qu'il est trace par le Code penal. Car ceux qui comrnettront plusieun; delits de la categoric specifiee et qui passeront d'un delit a I' autre sans sortir de cette categoric seront bien pour nous des recidivist os et encourront comme tels !'exclusion hors de France, lorsque !curs condamnations auront attcint !'importance et le nombre vonlus. Quels sont les delits que reprouve le plus la eonseience pnblique, qui admettent le moins l'hypothese d'un egaremcnt fortuit, qui impliquent uue perversion de nature et par suite des prcsomptions presque fatales de rechute quelconqne? C'cst bien le vol et son complicc le recel, c'est-a-dirc les delits directs contre la propriete ; !'alms de confianCC et l'es croqueric, c'est-a-dire les deJits qui CI)IlSistent U duper lcs perSO!lllCS et a s'approprier indircetement lcur bicn ; enfin les delits coutre lcs mmurs, e'cst-it-dire !'outrage publie a la pudeur et }'attentat aux mmnrs en favorisant on fueilitnnt la debuuehe de:; mineurs on eomme on dit ;;ouvent, l'excitation lmbituellc des rnineurs a la debauchc. L'expericncc et la statistiqne sont d'accord avee le sentiment public ponr reclnmcr nne energiqne repression de cos deli ts : De 187G a 1880 le nombre nioyen annnel de prevenus a ete : Pour vol •.. 41.522 3.526 Escroquerie Abm; de confianee 3.717 Outrage public la pudenr 3.235 Atteu tat anx mmurs en favorisan t la debauche de~ miuenrs 427
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Total 52.427 En 1880, on a compte 4G.013 prevenus de vol, dont 3!.381 out ete eondamnes a un an de prison et rnoins, 3.419 h plus d'un an d'emprisonncment. De 1876 a 1880, le nombre moyen des prevcnus en rccidive a etc annuellmcnt: Condamnes pour Yol 17.525 Pour abus de eonfiance 1.390 I>our escroqucric 1.436 1.102 Pour del its contre les mmurs ... Ajouton;;: !'our vagabond age . . . 7.226 Pour mentlicite 4.648 En 1880, parmi lcs pTevenut:l de vol, 137 nvaient tleji't snbi le~ travanx force~; 321 la reelusion; 4.530, Ull cmprisonnement de plu:,; d'nn an. De memc, parrni les provenus d'abus de confiancc, 360 avaient enconrn deja une peinc superieurc it un an de prison ; parmi less prevenus d'escroquerie, 499; de delits contre les mmurs, 186; de vagabomlagc, 1.787; de mcndicite, 1.155. Cc qui pent appelcr le plus la reflexion et la tlisCUI!i::!ion, c'est la contluite a tenir l'egard des vagabowls et de:! mendian ts. D'une part, les hommes les plus eompetents tlmts la pmtique des lois penales, tle 1' Administration et de l'antorit~, constatent que les vagabomls et les mendiant~:~ forment. le contingent tonjours pret 011 se recrutent 1Nl malfaitcurs et d 1 ol1 Yiennent nombre des infmctions dont. les auteurs ne penvent etre decouverts on puuis faute de preu Veti. De la ::lOllVCilt unc reellc iuquietmle pour les population,;. D'autre part, faut-il frapper violemmeut, en matise, les miserables pnrmi lesqnels se mugeront des infirmes et de,; tleclm;ses, des etrc,; que la paresse et la faiblcsse, l'iniulelligenee et l'ignonmce, Ieo eMlscs inv< lontnires et. aceidentcllet~, le tleeouragemcut et l'incrtie out ahnisses, san,; lco rcndre imligne:; de commiseration, qui se bornent sonvent a solliciter la geuerooile d'autrui, a trainer uue vie prectLire, crraute, mais peut-iHrc inoffensive? Certes, la premiere loi de notrc Soeiete, c'cst le travail. i\lai,;, est-on assure de ne pas rencontrer rp1elque hesitation, quelque resistnuee, lorsqu'on paraitra per;;ecuter an nom de la Societe ccnx: que la eharite soulage an nom de l'humauite? N'el"it-il pas d'usagc, surtout en ecrtaineti parties de la :France, de soutenir, ll'eneonrager ainsi anx sollicitations les panvres par des anmoncs reguliereti et lies dons en natnre ? Xc les voit-on pas, i't certaius jourtl, f]Uetuanller de porte en p(H·te Illl morccnu de pain? Le ddit de mcmlicitl·, pni.oque d(·lit il y a, n'a-t-il pas semble souveut occasiounc ou accru par le~ conditions de tra\·ail, d'existccnee et d'cdt!Cat.ion de ccrtaiue:; popnlntion,.; par l'etat de:; mmms, de,; imlu8trie~ et des cultnres d'un pays? N 1 a-t~il pas p. ur eomplice l'excrcice memo ou l'abns de la charit<\, ce sentiment si respectable, mcme lorsqu'il fait ngir mal apropos? :En nombre de eas, est-ec le pauvre qui devnnce l'aum6ne par la demande? Est-ce la personne eharitabl0 qui devancc la mendicite par le don? Les trilmnaux n'hesiteront-ils
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37 pas, d'autant plus a condamncr scverement que toute condamnation severe dcvra compter pour la relegation evcntuelle? De Ht l'idcc do n'attacher un effet aussi grave qn'aux delits do vagabondage et mendicite qualifies, e'cst-a-dire aceompagnes de cireonstnnccs nggrnvantcR, tcllcs que simnlntions, deguisement, menaces, violences, port de pieces et certificats faux, entree daus les proprietes closes, rennion en groupcs. Le vagabond, le mendiant, appara!t alors comme nn veritable delinqnant, que scs habitudes de vie rcndent d:mgereux. Ici s'offre la difficulte deja tant dclmttue: L'individu sans metier et SilllS domicile qui excite, qui force des malhcurcuscs a ln, debauchc pour en tircr profit, le par11sitc de la prostitution, l'hommc qui liC tmvaille pas parce qu'il fait tmva£/ler uno fille, que ne mcndic pas parco qn'il prend, qui n'erre pas dans h's campagnes on les bourgs parco qu'il s'cmhusqne et guott.e en qnelque lien public d'nne grande ville, est-il moius dangereux, moins pervcrs que le fmne volcnr, le mendiant, le vagabond franc'? Et que dire du fripon qui tend pnbliquement des picges a la credulite des passants, qui dupe et >ole sous forme de jcux prohibCs, et exeelle a tirer !'argent des poches sans a voir besoin d'y mettre la main? Ne pent-on dire a ceux-la: Vons n'avez pas de profession, pas de domicile et pas de moyens de subsistanee. Car vous ne pouvez alleguer comme gain habitue! que le prodnit de la prostitution d'autrui qui est inffime, qui ne vient pas meme de votre fait et qui n'est pas a vous. Ce sont des ressources, c'est un metier que la loi ne recommit pas, n'admet pas, comme rcpondant aux exigences de !'article 270 du Code penal. Vous vous trouvez done dans IQ cas des vagabonds et gens sans aveu ; je vous condamne comme tcl, et attendu que lcs circonstances de votre eondamnation sont infamantcs, celle-ci sera assimilee, dans ses effets, aux eondarrmations pour fait.s de vagabondage et mendicite qualifies. Tel est ]'esprit de !'article 3 du projet, et il semblerait embarrassant d'nller au dela, d'essayer, par exemple, de frappcr le proxcnetisme et le jeu ailleurs que sur la voie publique. Il est des difficultes que ne pent faire oublier le desir rneme d'atteindre plus profomlement uno des plaies les plus repugnantes de la societe. Les categories d'expatrh3s etant deterrninces, quel caractere donner a cette expatriation? Sera-cc une peine a proprernent dire on seulerncnt la consequence legale de eertaines condamnations encourues ? V oici un criminel condamne aux travaux forces pour 10 uns. il est tmnsporte en N ouvelle-Caledonie. C'est sa peine. Les dix annees econlees, il est libere ; mais la loi de 1854 l'astreint a residence perpetuelle sur le territoire de la colonic. C'est la consequence de sa eoudamnation. Voila un dclinquant eondamne cinq fois en dix ans a plus de 3 mois de prison ponr escroquerie, abns de confiance, recel. Son temps de prison s'aehiwe. Il a paye sa dette a la societe; il est en avec le Code penal. Il devrait reprendre sa liberte. M:ais une loi decide qu'etant eonsiderc comme incorrigible, il ne doit plus sejourner en :France et sera tenu a residence aux: colonies. C'est une sorte d'incapaeite speeiale, analogue a la decheance de certains droits, qui survit aux: condnmnations subies. Conviendrait-il de rendre cette mesure encore plus rigoureuse, de marquer de reprobation le
38 determiner chacune des peines, il est logiqne que la loi reprenne son empire absolu lorsque la reunion de ces peines a mis hors de doute l'indignite dn comlamnc. Ne scrait-il pas emuarassant, d'ailleurs, de lais~er it la disposition de simples tribunaux correctionnels une mesnre, si non une pcnalite pe1·pctuelle? N'anraient-ils pas scrupule it cxpatrier uH homme, n'ayant en it le juger, en dernier lieu, que pour une infraction pent-etre srtns extreme gmvite? Etant. admis que c'est non prts le dernier deli1, mais la succession des tli>lils, non prts l'acte i~olc, mais l'habitnde, que l'on frappe, ce, n'est pas le jnge dn dernicr acte, c'est la loi meme qui doit statuer d'apres l'eusemule de la situation penale. Le tribnnaln'a plus it decider si le mesure est juste et necessaire, mais simplement si le condamm3 est Lien dans un des cas pour lesquels le lcgishtcnr !'a edietce, eomme telle, de plein droit. Que!,; seront ces cas d'expatriation, de relegation obligatoire? Il pent ne pass scmbler exees8if qne tout homme ayant enconrn pour crimes deux condamnations depassant ehacune un an d'emprisonnemcnt et qui a cchappe a une peine ayant pom effet de l'eloigner de 'France a perpctnite soit lclegue a !'expiration de sa deuxieme peinc. On admettra qu'une condamnation pour crime a plus d'un an d'emprisonnement augmentce de trois condamnntions a 3 mois st-il prts d'equitable d'examiner dans que] iutervalle ilil out ete commis, afin que qnclques fautes reparees par le rcpentir, effacees par le temps, ne puissent se dresser contre lui et s'njouter, 15 ans, 20 ans plus tard, des eondamnations non velles pour les all graver et entralner une aggravation de chatimcnt? Si l'on viae les malfaiteurs d'habitude, l'!tabitudc n'cxclut-ellc pail l'idee, de trop longues interruptions dans la n)pet.ition des actes? D'ant.rc part, il serait facheux qn'un individu ayant subi iontes l!'S condamuations, moins nne, suffisante pour provoquer la relegation, puisse en supprimer Pcffet et s'amnisticr lui·meme en se reposant des delits specifies pendant qnelques annecs, sauf rcprendre ensuite ses exploits, pour s'arreter encore temps et recommencer apres un nonvel intet·valle, 1m serie nouvelle de mCfaits. Un condamnc expert en l'art de tourner la loi pourrait impunement subir, avec intermittences suecessives, 10, 15, ou 20 condamnations des plus fortes et passer la limitc d'!igc do !'expatriation, talJ(lis qu'uu autre, moins prudent on moins favorise, scrait expatrie des la cinqnicme eomlamnntion. C'est oette double preoccupation qui fait proposer quo !'expatriation re~nlte de ciuq comlamnations queleonqnes, de delits specifies, punis de trois rnois de prison an moins, et commis dans nn intervalle n'excedant pns 12 ans. Il a parn necessaire de fixer a 60 ans l'age auquel s'arretera l'application de la relCgation et de ne l'appliquer a des rninenrs de 21 ans, qui l'auraient encourue, qu'apres une condamnntiou nouvelle ponvant la determiner passe cet age. Malgre l'audaneo et la pcrversite des malfaiteurs precoces, de rcelles objections peuveut etre opposees u Jeur envoi aux Colonies avant l'age d'homme. La disposition transitoire relative nux condamnes libercs ou dctenus qui se seraient trouves avant la promulgation de la loi en cas d'etre rclegues (n.rt. 8.), cellos qui concereernent l'effet des gr:ices ou commutations de peiues, aim-si que l'epoqne dn trausfcrement, semblent se justifier d'elles-memes. Il y aurait inconvenient it ne pas faire subir la peine prineipale en France, avant !'expatriation dn condamne; et cepcndant, dans son interet mcme comme par neccssite d'organisation generalc, il importe de laisser au Gouvernement la facultc d'effectuer le transfurement daus les trois derniers mois de la peine. Il ser1.1. meme desirable que le temps de sejour an depot d'embarqnement, et la duree du voyage maritime puissent etre genet·alement prelevcs, an moins pour une large part, sur le temps d'inearceration Iegale it subir avant que la relegation ait lieu de plein droit. Enfinl'artiele 12 se borne it formnler cxpressemcnt !'idee qui, sans conteste, doit faire le fond de toute loi semblable. I1 s'agit des malfaiteurs d'babitude et des crimes on delits dits de droit commun, Les crimes et delits politiqnes sont exclns de tout compte de condamnations a faire en vne de la relegation. De meme, nulle juri diction speciale on cxceptionnelle ne ponrra ordonner la relegation. Si indiscutables qu'elles soient, ces dispositions ne pen vent paraitre dcplacecs dans le texte mcme de la loi. Les considerati,ns preet;demmcnt exposees prejugent ce que pomTa etre lo regime de la relegation. C'est la loi qui determinera les territoircs d'expatriation ou plutot de nouvelle patrie fran<;aise oil seront internes les individus, hommeS et femmes, qui n'ont pn vivre Pn etat de paix panni les popu!atiOilB deJa mettopole. Toute evasion sera necessairement pnnie, et la punitiou devra etrc suhie snr le territore de la relegation, afin que les rehlgues n'aient en aucnn cas avantage a enfreindre !'obligation de residence perpetuelle. Divers genres d'etablissements, ateliers industriels, chnntiers de traveux d'utilite publique, exploitatious agricolc~, ponrront ctre organises ; et Ios relegm;s pourrout y etre rc<;ns et employes, pnisqu'il faut prevoir le cas et la periode o\1 illl n'anraicnt enx-memes ni moycns de subsistance ni moycns de travail. Mais des concessions de terrains pourront leur ctre faites a titre provisoire ou tlefinitif, ainsi que des avances d'argent, des prets de maticres et d'instruments, afiu qn'ils puissent s'etablir snr le sol de la colonie, et trouver dans Pexercicc d'nne profession ou d>nne indnstrie particuliere le~ conditions d'existence, de relevement moral, de prosperite a venir. C'est dans le memc ordre d'ideos que des facilites pourront etre accot·dees aux famillos afin de r<>joindre lt•s relegucs et de vivrc avcc cnx. Ces differentes mesures et toutes questions d'application de la loi nouvellc feront l'objct de dcerets rontlus fn forme de rcglemcnts d'administration
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publiquRe.esta1t · 1a questwn · · C onv1en · t -1'l d''mu1quer ·'' · · d e l l es t emps passee · l aque 11 e l es smvante: une pcrw relegues pourront solliei ter, a raison de !em· Lonuc coudni tc, lenr reintegration en :France ? Si dignes de sollicitude que puisscnt etrc lcH rel\~guL'S qui se seront releves moralement, on s'est tlcmandc si une disposition de cc genre ne risquerait pas de dimiuuer l'efficacitt1 de la loi, en donnant pretexte anx rclegues pom se dispenser d'cffort scricux et d'etablissemout durable aux Colonies: .Ayant !'idee fixe du depart, comment se resignemient-ils an sejour ? .A qnoi songeroient-ils sinon 1\ passer, avec le moins de pcine, le temps qui les sc>pare:rait de la Fmnoe ?
39 lYailleurs, cette perspective ne serait-elle pas trompeuse et illusoire, puisqu'il dependrait toujours de l'autorite de refuser le retour en France? Aussi paraltrait-ill preferable de laisser a l'autorite le soin d'accorder des autorisations tout exceptionnelles et temporaires d'absonce hors des territoires de la relegation et de voyage en France, pour le cas oil do~ devoirs et des interets respectables justifieraieut cette favour sons les garanties formulees {~ l'article 18. Quant au retour detinitif en France, c'est la grace senle qui pourrait le provoquer, et le droit de grace donnerait, en memo temps que des garanties suffisantes a la societe, une emulation et nne csperauco suffisantos pour les relt·gues qu'aucun autre moyen no ponrrait encourager ou bien. Le dornier titre de la loi presonte la solution lt laqnclle le Gouvememont a ern pouvoir s'arreter sur les importantes questions de !'interdiction dn stjonr de Paris et Lyon et de la surveillance de la haute police. Telle qu'elle est actuellcrnent r(·glee pas la loi du 9-12 juillet 1852, l'intenliction de s{~our dans le departement de la Seine et dans les communes formant !'agglomeration Lyonnaise n'est qn'une mesure administrative. Ello est applicable nux individus, non domicilies dans cc departoment ou ecs communes, qui ont etc condamnl:s pour rebellion, vagabomlage et memlieite, on que sont dl'pournts de moycns d'existouce. Elle est prononcce par arrctes du prefet de police ou dn prefet du Hhouc sous condition d'approhation ministet'ielle. Bieu qn'il soiL seulement fait usage tlc cc droit contre ccnx: qui dounent de trop justes sujets d'in. quietude, le Gouvcrnement a ern rcpondre an sentiment general en l'abandonnant au moment oit seront donncs d'autres moyens, d'ecarter, de manii~re plus decisive, les maUaitoures, vagabonds et mendiants les plus dangereux, et Oll ces moycns sans ctrc laisses a la lib re dispo~ition de l' Administration ni de la justice, seront strictement determines par le loi. D'ailleurs, dans l'hypotheso 01i la surveillance de In haute police semit restreinte aux souls effets do l'interdiction de scjours dans le departcrnent de la Seine, il eonviendrait eviuemrnont de simplifier los conditions dans lesquclles fonctionncrait cettc interdiction et do n'cn plus faire que la consequence de certaines condamnatious. Aussi vons est-il propose cl'abrogor la loi dn 9-12 juillct 1852. La surveillance do la haute police, MOllS la fonne actuolle, avait pour but de prevenir les reciclives. Est-il utile de demontrer qu'elle n'a pas atteint ce but, etnnt memo taxee d'allor a I'encontre, de rappclm· les objections, les critiques, les rcpngnancos qn'clle a sonloveos dans !'application et. qni rcstroignent de jour en jour ses resultats ? qui n'a souvenir des attaqucs inccssammont r6iterecs contre le systcmo de la residence foroee en des lieux determines, svsteme defini comme une vexation inutile contre los comlam1u::s pervers, comme uno ontrave penible poui· cenx qui chcrchont le travail et l'oubli, commc uno sorte do mise a la chai:ue et an pilori prolongec apri·s liberation et expiation? En outre, !'institution de la relCgtttion, c'ost-1t-dire les mesures rcpressi ves contre les rccidivistcs se concilieraient elles avec le nmintien des mesurc,; preventives? Si vons frappez le comlamnc incorrigible, ne frappez pas de memo far;on oelui qui est presume ponvoir se CO!Tigcr ; ne le fmppcz p~ts snrtout de far, on snspecte d'empccher qu'il se corrige.-Voila oe qn'on dira peuf;.ctro, et n'y ei'tt-il qu'un doute sur ce dernier point, il semble rlesarmer la rigneur. Telles sont les considerations auxquellcs aeceLle le Gonvcrnement en acceptant la supprc~;::;ion de la surveillance, en tout ce qui coucerne !'obligation de residence, et born:mt desormais ses diets a !'interdiction du sejour dans lo llepartement de la Seine. K e faut-il pas songer a l'afltnenee des malfaiteurs qui reprodnirait it Paris,-lour sejour de predilection et le siege de leurs operaHons los plus fructneusos,-s'il ne re~tnit aueun moyon legal de lcs maintcnir au dehors et de les d6fcrer aux tribunaux cu cas d'infraction? Est·il hesoin d'ajonter que, par la meme raison, les individus places en surveillance an moment de la promulgation de la loi nouvclle doivent demeurer sonmis a la memo interdiction pour lo icmp:l res taut a courir de lcur poino? On se domandcra pcnt-Gtro si I"yon et d'autrcs gramles villcs no pomraicnt Gtro protegees de far;on analogue et par q uelle mcthode. C'est Ull point que le Gouvernement n'a pas ern indispensable de mottre en debat, preciscment parco quo touto ville ain~i protegee donnera aux autre~ !'occasion et le droit de reclamer le mcmc privilege, et que e'est surtont pour la situation exceptionnelle de Paris que peuvent ctrc necessitees des precautions ;;peciales. Telles sont les dispositiones principales du projot prepare par le gouvernement, les qnestions qn'il regarde commes les plus importautes, los solution,; qu'il a jugees prCferables et tols sont les motifs qui l'ont determine. Il appartient anx representants dn pays Ll'ex:aminer par qnclles decisions ils pourront le mieux rcpondre, en matiere aussi grave, aux preocc1qmtions dn public, an sentiment de justice, an hesoin do protection des interets prives, anx necossitcs de preservation et de sccuritc sociale, en memo temps qu'au caractere general de nos institutions. PIWJET DE
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Le President de la RL\pnLlique franr;aisc Deerete : Le projet de loi dont la tcnour suit sera presente h la Cbambre des Dcpntes par le Ministro de l'uterienr et dei:! Cultos, et par le Gardc dos sccaux, ministre de la J nstice, qui sont charges d'en exposer les motifs et d'en sontenir la dii:lCUSi:lion.
'l'itt·e Premie1·.-Do la relegation et Llcs pcrsonncs auxquellcs elle est applicable. Article prernicr.-La relegation eonsistcra dans l'intcrnement perpctncl, sur le torritoire do colonies ou possessions fmn<;aises, dos comlanmcs quo la prescute loi a pour objet d'doigncr de France. Art 2.-Enoonrront de plein droit la relegation, tons individus qui anmicnt Cle condamnes dans lcs conditions oi-apres determinecs, soit pour crimes, soit pour les ddits de vol, reed, abn~ de eonfiance, escroqnerie, outrage public a la putleur, excitation habituelle do mincnrs i~ la ddmueho, ddits de vagnbondage on memlieite prevns nux articles 27G, 277, 27!) et ~81 dn Code penal, ainsi qn'it l'article suivant de la presente loi. La relegation devra etro onlonueo par le judgment ou arret de condamnation, on meme temps que la peiue principale. Le~ contlanmatious anterieurcs dont ollc sera egalement la consequence devront Gtre expressement visees. Art. 3.-N e sera pa,; atlmis eo mme eoustituant llcs moyens do snbsistanee on l'excrcico d'nn metier et d'uue profest>ion dans le sens de l'article :no du Code peual, le fait de tirer profit habitucl de h~ ~.a
F
40 prostitution d'autrui sur la voie publique ou de jeux illicites et prohibes sur la voie publique. Toute!l condamnations prononcees en consequence de la pn\scntc disposition contrc des invidid•Is traites comme vagabonds et gcns sans avcu seront comptecs en vue de la relegation. Art. 4.-Sera reh\guc, lorsque la peine principalc prononcee en tlernier lieu n'aura pas pour e:ffet legal d'eloigncr le condamne de France a perp(\tuitc : 1° Quiconquc aura encouru deux condamnations pour crimes excedant chacune un an d'emprisonnement. 2° Quiconque aura encouru, dans quelque ordre que ce soit, une condamnation pour crime excedant un d'emprisonnement et trois condamnations a trois mois d'emprisonnement au moins pour les delits specifies anx articles 2 et 3. Art 5.-Sera reh;gue quiconque aura encouru cinq condamnations a trois mois d'emprisonnement au moins pour delits specific,:; aux articles 2 et 3, commis dans un intervalle n'exccdant pas douze ans. Art 6.-Nul ne sera relegue aux colonies apres l'<1ge de 60 ana accomplis au moment de la condamnation qui devrait entrainer la relegation. Art 7.-Tout indivillu qui aura ete frappe, avant l'ftge de 21 ans accomplis, des condamnations suffisantes pour la relegation, n'cn sera passible qu'en cas de condamnation nouvelle pour u11 crime on un delit commis apres cet age, et pouvant provoquer la relegation confornl\;ment aux articles 2 et suivants. Art K- Tout individu, detenu on libere, qui aura ete frappe allterieurcmellt a la promulgation de la presente loi, des condamnations suffisantes pour la relegation, n'en sera passible qu'en cas de condamnation nonve!le pour crime Oil delit posterieur a cette epoque et pouvant provoquer la relegation conformement aUX articles 2 et suivants. Art !l.-Les condamnations qui auront fait l'objet de gdces, commutations et reductions de peines, seront neanmoins comptees en vue de la relegation. Ne le seront pas celles qni auront cte effam\es par la rehabilitation. Art 10.-Lorsqn'il sera fait remise a un comlamne de la relegation encourue par lui, mention speciale devra en Ctre faite dans les lettres de grace. Art 11.-La relegation n'anra lieu de plein droit qu'a !'expiration de la derniere peine a subir par le condamm'. :Mais faculte est laissee au Gouvernement de devancer cettc epoque pour effcctuer le transferement llans les trois derniers mois de !'execution de la pcine. Art 12.-La t·elegation ne pourra etre ordonnee que par les cours et tribunaux ordiuaires, a l'exclusion de toutes juridictions speciales ou exceptionnelles. Les crimes et delits politiques ne seront comptes, en aucun cas, pour la relegation. Titre 11.-Dn regime de la relegation. Art. 13.-Les territoires pouvant etre affectes a la relegation devront etre determines par la loi. Art. 14.-Tout relegue eonvaincu d'cvasion ou de tentative ll'evasion hors des tcrritoires de la relegation, sera. tradutt devant le tribunal correctionnel du lieu de son arrestation et condamne a nn emprisonnement qui ne depassera ,pas deux ans. La peine llevra Ctre subie sur les territoires de la relegation. Elle pourra, en cas de rccidive, ctre elevee jusqu'a une duree de ciuq ans. Art 15.-Les re!Cgues pourront obtenir des concessions de terrains soit provisoires, soit definitives, des avances, des prets de matieres OU instruments tlestines lt faciJiter [cur ctablissement Btlr le sol de la colonic et l'exereice d'une profession on d'nne industria particnlicre. Des fncilites pourront Ctre egalement fonrnies a lems familles pour se rendre et s'etablir sur le tcrritoire de la relegation. Art 16.-L'application des dispositions prccedentes, ainsi que !'organisation des divers etablissements dans lesquels les relegucs, bommes et femmes, ponrront etre recus et employes, le regime qui pourra leur etre applicable, et geueralement toutes questions d'execution de la presente loi feront l'objet de reglements d'administration publique. Art. 17.-Il ponrra ctre aceorde par l'autorite administrative des autorisations exccptionnelles de sortir des territoires de la relegation. Ces autorisations ne pourront etre donm\es pour plus de six mois ou etre reiterces sauf par d6cision ministerielle. Une decision ministerielle sera cgalement necessaire pour autoriser, fi titre cxccptionnel et pendant six mois mt plus, le retour en France d'un individu en etat de relegation. Art 18.-Tout reh;guc qui aura ontrepasse ces autorisations ou peuetre et sejommi sans autorisation en France sera condamne par le tribunal corrrectionnel t!u lieu de son arrestation a la peine ci-tlessus edictee eontre les evasions. n sera reintl;gre dans le territoire lie la relegation pour y subir cette peine.
:l'itre 111.-De l'intertliction de scjour dans le departement de la Seine. Art. 1!1.-Est abrogcc la loi dtt !l juillet 1852 eoncernant !'interdiction par mesure administrative du sejour du departement de la Seine et des communes formant !'agglomeration lyonnaisc. Art. 20.-Le peinc de la :mneillance de la hnute police est supprimce en tout ce qui concerne !'obligation de residence en des licux dutermine8. Elle n'aura dcsormais d'autre effet que d'entrainer l'interdietion dn sejonr et de l'aeccs du departCJnent de la Seine. Hestent, en consequence, applicables po11r cette interdiction, les dispositions anterieures qui reglaient !'application et la duree, ainsi que la remise ou la suspension de b snrveillance de la haute police et les peines encourues par les contrevenants, eonformement a !'article 45 du Code penal. Art 21.-Tous individus Jllacl:s an moment de la promulgation de la prcsente loi sous la surveillance de la haute police sont et demeureront de plein droit soumis, pour le temps qui restait a courir de cette peine, a !'interdiction du scjour et de l'accl>s du (lepnrtement de la Seine. Art. 22.-Cette interdiction ne devra etrc prononcee en aneun cas, lorsque la relegation sera encourue. Art. 23.-Toutes dispositions antcrienres sont abrogecs en ec qu'elles on de contraires a la presente loi. Fait
a Paris, le 11 novembre 1882.
Par le President de la Republique : Le President de la Repnblique francaisc 1 Le :M:inistrc de nnterieur et des Cultes, Le Ganle des Scoaux:, Miniatrc de la Jn~tice,
(Signe), (Sign e), (Sigue),
JuLES GRF.:VY,
A. F ALLIERES. PAUL DEVES.
41 11
ARGUS," OCTOBER 8TH,
1883.
THE NEW FRENCH LAW OF "RELEGATION." We have received a copy of the bill or projet de loi with respect to the relegation of habitual criminals to the French colonies, which was presented to the Chamber of Deputies by the President of the Republic, the Minister of the Interior and of Public Wor:;hip, and the :Minister of Justice, some months ago, and which has since become law, although, as a recent telegram has informed u~, it is not unlikely to undergo some modifications. As is customary in measnres of f'nch importance, the bill iH preceded by an elaborate exposition of the motives which have led to its preparation. This is the substitute for the speech of the mover of the first reading of such a bill in the HouRe of Commons, as also for the customary preamble. It sets forth, lucidly and logically, the reasons which are presumed to exist for n. legislative enactment of this kind, aml places members of both Chambers in possession of all the material facts-criminal statistics includedwhich bear upon the question. The latter only interest us in so far they illustrate tho character and exhibit the number of convicts whom it is proposed to shovel ont of France. Offcntlers against the criminal la.ws of France fall within three catcgorics-criminalll, tlelinqncnts, and yonthfnl detenus. Onr business lies with the first two only. The committals of criminals ayerage between 4,000 ami 5,000 a year. Iu 1880 there were 4,125, of whom 1,022 were acquitted. Of the former 23 were condemned to death, 126 were sentenced to imprisonment for life with hard lahonr, 7H to imprisonment with hard labour for a term of years, and the rest to milder forms of punishment. Of habitual tleliuqnent:o~ the average anmml numbe1· exceetls 70,000. In 1872 the National Assembly, taking up the question of penal reform, organized an inquiry upon a very large scale, one result of which was to engender in the public mind a powerful feeling in favour of ridding the country of inveterate malefactors by transportation. The labours of the committee which had investigated the subject resulted in the passing of a law three years afterwards hy which it was hoped, through the more general adoption of the cellular system in French prisons, to effect the reclamation of criminals of the worst class. This expectation has been falsifiml by experience, and the conclusion has been arrivetl at that, for the preservation of social order, the Govemment has no alternative hut to banish habitual criminals from the country. This banishment is to be designated "relegation," because it is supposed that such a word will carry no stigma with it, in the case of those who, having undergone a certain measure of punishment in a penal settlement, proportionate to their offences, and having received their manumission, may he inclined to reform ; the only restraint. upon their freedom being that they must not quit the island to which they have been "relegated," except under very exceptional circumstances. The same bill repeals n. law passed in 1852, interdicting persons not domiciled in the department of the Seine, and in the parishes grouped around Lyons, who have been conYicted of rebellion, vagrancy, mendieity, or of having no visible means of existence, from rcsitling in those tlintricts, and makes the prohibition apply to the department of the Seine only. But as this is a matter of internal administration only, we need not make further reference to it. The other half of the measure is, however, of vital concernment to these colonies, and, therefore, we will proceed to lay before our readers the leading provisions of the Bill : Article I.-Relegation will consist of the perpetual internment upon the territory of the French colonies or possessions of the convicts whom it is the object of the present law to remove far from France. Article 2.-Every individual will be fully liable to relegation who shall have been convicted, under the circumstances hereinafter recited, of crimes and misdemeanors, comprising theft, reeei ving stolen goods, breaches of trust, swindling, public outrages upon decency, the habitual excitement of young persons to debauchery, vagrancy, or mendicity. Such relegation to take effect from the date of the sentence, and prior convictions to be placed on the record. Article 3 declares that certain shameful avocations shall not be held to constitute lawful means of livelihood. Articles 4, 5 render liable to relegation those who have been sentenced more than once to imprisonment for specified terms. Articles 6, 7 exempt from relegation persons convicted of crime after 60 and before 21 years of age. Article 8 prohibits any ex post facto application of the measure. Articles 9, 10, 11, 12 relate to matters of administrative detail, and include the exemption of political criminals and offenders from relegation. We now come to the more important portion of the measure as it regards us, namely, the Regime of Relegation. This consists of six articles : Article 13.-The territories which may be set apart for relegation must be determined by law. Article 14.-Every relegate convicted of having escaped or of having attempted to escape outside the teiTitories of the relegation will be brought before the correctional tribunal of the place of his arrest, and sentenced to an imprisonment not exceeding two years. The punishment must be undergone within such territories. It may be increased to five years in the case of a hardened offender. Article 15.-Thc relegates may obtain temporary or permanent grants of land, loans of materials or implements, in order to facilitate their establishment on the soil of the colony aml the exercise of a profession or of a particular industry. Facilities may be also offered to their families for removing to and settling upon the territory of the relegation. Article 16.-The application of the foregoing provisoes, as well as the organization of the various establishments in which the male and female relegates may be receive(l and employed, the l'egime which may be applicable to them and all questions of the execution of the present law in general, will form the object of special regulations of the public administmtion. Article 17.-The admini:>trative authority may grant special authorizations to quit the territories of the relegation. These will only be available for six months, and caunot be renewetl exeept by a Minis· terial decision. Article 18,-Every relegate who shall have exceeded these authorizations, or entered or sojourned in France without permission, will be sentenced by the correctional tribunal of the place of his arrest to the punishment prescribed above for persons effecting or attempting their escape. He will be sent back to the wrritorr of the relega,tion for the purpose of undergoiu~ such punishment,
42
P. 987.
TELEGRAM. Trm AGENT-GENERAL TO TIIE PREMIER.
London, 20th September, 1883. Reuter's telegram.-May it be rC'garded as correct. I wish to communicate substance officially Secretary of State for Colonies. Do you mean by further measures sending escaped convids to France by Messageries. Such an intimation probably effective. The following is the telegram allmlod to:THE ANNEXATION OF NEW GUINEA. TELEGRA:H.]
Melbomnc, 20th September. At the suggestion of the Victorim1 Government it has been deeided that the Federal Annexation Conference which was to have been held here shall meet at Sydney in order to avoid delay which would otherwise be inevHable. Owing to the sitting of the New South Wales Parliament the Conference will assemble in the last week in NovemLer. All the Australian Colonies and New Zealaml will be representml. A synopsis of the reply of the Secretary of State for the Colonies to the memorandum addressed to him by the Agents-General in London on the subject of the refusal of the Home Government to sanction the annexation of New Guinea has been received here. The newspapers express great tlisappointrnent that the danger of the Colonies being flooued with French eonvicts should have met with no response on the part of the Imperial Government, and point out that the rceent arrest of a French Communist at Ballamt and the arrival of others at Brisbane may throw some light upon the serious danger to the Colonies if the adjacent islands become the reecptacle for the reeidivistes. In the House of Assembly to-day the Hon. Jame.'l Service, the Premier, in reply to a question, said that Lord Derby hatl completely failed to appreciate the importance to Australia of tho deportation of l<'rcneh eonvicts. If Bnglaml permitted it the Colonic~ would be obliged to devise some means for excluding the condcts from these shores. Mr. Service ntlllcd that the French proposal was eontmry to the comity of nations, and justified the abrogation of any figreement whieh might have Leen coneluded. A debate ensued on a motion for adjournment, the !'}Jeakers being unanimous in deelaring that sueh a calamity must be averted by every possible means.
No. 983.
TELEGRAM. THE PHEMIER TO THE AGENT-GENERAL.
Melbourne, 21st September. Reuter's telegram correct. Further measures undecided. May take the form of retreating from intercourse with French Colonies, but it is doulJtful whether we could re-ship by the Messageries Imperiales steamship.
TnE PRElHER OF VICTORIA To THE AGENT-GENERAL.
No. 673.
Premier's Office, Melbourne, 24th September, 1883.
Sm, No.1787. No.l853.
I have the honour to ackno,vledge the receipt of your letters of 27th July and lOth August, respecting' the desired Annexation or Protectorate of Islands in the Pacific Ocean. It is somewhat diflicult to maintain the chain of correspondence by letter-its consecutiveness being so much interrupted by telegraphic communications. I beg to inform you, however, that the feeling in the public mind of this Colony is one not only of sustainetl, but of increasing earnestness on this subject. On the 6th instant, there appeared in the ne·wspapers the following telegram:"Paris, 5th September, 1883. "Adviees from Noumea, New Caledonia, state that two French men-of-war, the Bnwt and D'Estrees, have sailed from that port for the New Hebrides, in order to protect the interests of the French New Hebrides Company in those islands."
And this formed the subject of a question in Parliament on the same day. I replied that while thinking it probable that the information was old information which hnd been sent to France and telegraphed out here again, I would,
43 nevertheless, communicate with you on the subject, which I accordingly did by my telegram of the 7th idem, as follows:" Reuter's telegram, dated Paris, 5th September, reports two French war steamers despatched Hebrides. This looks ominous. I am questioned iu Parliament. Supineness of England most vexatious, and may lose us these valuable islamlH. Convention fixed for November; all Colonies joining."
On the 14th instant your telegram of the 13~h arrived, gi~ing the gist of the reply made by the Secretary of State for the Colomes to the JOmt memorandum of the Agents-GenentL Pursuant to the request contained in this telegram, I instantly communicated it to the other Colonies. Since it arrived, the press has teemed with articles upon it, which have been, I believe, without exception, of one tenor, and that both strongly supporting the Government, and urging to further action. There can, I think, be no doubt that the effect of Lord. Derby's reply, so far from disposing of the subject even temporarily, "ill be to consolidate and strenothen the public sentiment which has been already expressed. I enclose with this fetter some excerpts of leading articles, which, however, must not be supposed to be all that have appeared, but only specimens. Incid.ents have already occmred. which show the character of events which may be expected, if transportation of convicts by France be extended., as is proposed. You will have already noticed the excerpt from the · Argus (accompanying my printed despatch to the Governor, of the 27th of July) giving an account of the difficulties connected with the arrival of French escapees at Brisbane; and only the other
44 I notice that it is reported in the newspapers that the King of Hawaii has protested against the New Hebrides being taken by the French. His Majesty has intimated unofficially his desire to visit the Australian Colonies, and so far as Victoria is concerned, I have conveyed to the Consul-General for Hawaii an assurance of a cordial reception. With reference to the Convention, I have only to state that matters are in train for the meeting, which you have been already informed is appointed to be held in Sydney in the end of November. I have, &c., JAMES SERVICE, Premier. P.S.-Additional to the other printed matter enclosed, I transmit herewith excerptsArgus, 17th September, 1883. Bendigo Adve?·tiser, 22nd September, 1883. Argus, 24th September, 1883.
And copies of the Resolutions of Parliament, dated 11th of July. For the Premier,
E. J. The excerpts enclosed were the undermention6ll : Argus, 15th September, 1883 Geelon,q Advertiser, 17th September, 1883 Daily 'l'elegrap/;, 18th September, 1883 Argtts, 20th September, 1883 Argtts, 20th September, 1883 Gippsland Jlfercury, 20th September, 1883
I
I
THOMAS.
Balkwat Star, 21st September, 1883 Castlemaine Leader, 21st September, 1883 Ar,qus, 22nd September, 1883 Rallarat Star, 22nd September, 1883 Geelong Adve1·t·iser, 24th September, 1883.
(Enclosure No. 1.) Resolutions of tlte Parliament of Victoria, 11th July, 1883 (from Votes and Proceedings):ANNEXATION OF NEw GUINEA AND PACIFIC IsLANDs.-Mr. Service moved, pursuant to amended notice, That, in the opinion of this Honse(1.) It is essential to the future well-being of the Australasian Colonies that New Guinea and the Pacific Islands lying between New Guinea and Fiji, including the New Hebrides, should be annexed to the British Crown, or that England should establish a protectorate over them. ( 2.) That concerted action on the part of the Australasian Colonies is desirable, in order to accomplish this result. (3.) That this Colony is willing to contribute its proportion of the expense entailed by such annexation or protectorate. ( 4.) That a Message be sent to the Legislative Council, inviting their concurrence in these resolutions. Debate ensued. Question-put and resolved in the affirmative. MESSAGE FRO:\I TIIE LEGISLATIVE CouNCIL.-The following Message was:brought from the Legislative Council by the Clerk-Assistant of the Council : MR. SPEAKER, The Legislative Council acquaint the Legislative Assembly that they concur with the Legislative Assembly in the resolntions agreed to by them in reference to the annexation by the British Crown of New Guinea and the Pacific Islands lying between New Guinea and Fiji, including the New Hebrides, or the establishment of a protectorate by England over them. w. H. F. MITCHELL, Legislative Council Chamber, President. Melbourne, 11th July, 1883. ADDRESS TO HIS ExcELLENCY THE GovERNOR.-Mr. Service moved, That this House do agree to the following Address to be presented to His Excellency the Governor : To His Excellency the Most Honorable GEORGE AuGusTus CONSTANTINE, Marquis of Normanby, Earl o£ Mulgrave, Viscount Normanby, and Baron Mulgrave of Mnlgrave, all in the County of York, in the Peerage of the United Kingdom; and Baron Mulgrave of New Ross, in the County of W oxford, in the Peerage of Ireland; a Member of Her Majesty's Most Honorable Privy Council; Knight Grand Cross of the Most Distinguished Order of Saint Michael and Saint George; Govemor and Commander-in-Chief in and over the Colony of Victoria and its Dependencies, &c., &c., &c. MAY IT PLEASE YouR ExcELLENcY : We, the Legislative Council antl Legislatlvo Assembly of Victoria in Parliament assembled, respectfully request that you will be plcase(l to communicate the accompanying Resolutions, which have been agreed to by both Houses of Pal'liament, to Her Majesty's Principal Secretary of State for the Colonies. Question-put and resolved in the affirmative. Mr. Service moved, That the foregoing Address be trani'mitted to the Legislative Council, with a Message requesting their eoncnrrenee therein. Question-put and rcsolvetlln the affirmative.
45 (Enclosure No. 2.) " AnGus,'' 12TH SEPTEIIIBER, 1883. BURGLARIES IN BALLARAT.-ARREST OF A FRENCH CRIMINAL FROM NOUl\fEA. (FROM OUR OWN CORRESPONDENT.)
Ballarat, Tuesday. One of the gang of burglars who have committed such extensive robberies during the last week has been captured under somewhat sensational circumstances. In attempting to break into the house of a man named Hocking, at Little Bendigo, the burglar was seized by a yonng man, and a desperate encounter ensued. The robber escaped, and in an hour afterwards tried to enter the premises of .a Mr. Jonathan Richards, in the same locality. Mr. Richards caught him as he was escaping, and after a long scuffle, secured him with ropes, and with assistance brought him to the Eastern Police Station, lie gave the name of Paul Jones, a miner, residing in Mah·~strcet, but the police are of opinion that he is a Melbourne burglar. Nearly £200 worth of property has been recovered at the house in which he lodged, being the proceeds of seven or eight robberies in the Mount l{owan district. [BY TELEGRAPH.] The burglar arrested last night, who gave the name of Paul Jones, has admitted that his proper name is Louis Paul, that he is a French communist, and landed in Victoria six months ago from Noumca. He came to Ballarat a week or two ago in company with a barmaid named Atmie Williams, who states that sht:) recently resided at the Railway Hotel, Spencer-street, Melbonrne. We have on several occasions recently pointed out the danger to Australia of French criminals finding their way over here in the event of the proposed transportation of recirlivistes on a large scale to New Caledonia being carried out. That our fears are not imaginary is t;hown by the capture at Ballarat on Monday night of one of a gang of burglars who have committed some extensive robberies in that city during the past week. Particulars of the arrest are given elsewhere, from whieh it appears that the prisoner, who at first gave his name as Paul Jones, ha:; sinee admitted that he is a French communist named Louis Paul, and that he arrived in Victoria six months ago from Nonmca. He has been in Ballarat for the last week or two, actively pursuing his criminal career.
(Enclosure No. 3.) PACIFIC ISLANDS QUESTION. Resolutions of Public Bodies and Public Meetings supporting the action of tho Victorian Government : City Council of Ballarat, loth ,July, 1883. Public Meeting in Town Hall, Melbourne, 17th July, 1883. Borough Couneil of Horsham, 19th July, 1883. Public Meeting at Horsham, 20th July, 1883. Borough Council of Majorca, 31st July, H!83. Shire Council of Wbittlesea, 13th August, 1883. Shire Council of Eltham, 4th SeptemlJer, 1883. Public Meeting at Alexandra, 6th September, 1883. Shire Council of Yea, 12th September, 1883. Public Meeting at Bnninyong, 18th September, 1883. Pnl.Jlie Meeting at Ballarat, 22nd September, 1883.
No. 751.
TELEGUAM. THE PREMIEU TO THE AGENT~GENERAL.
Annexation or Protectorate. to be known before the Convention.
Melbomne, 5th October, 1883. Can it be ascertained what it will cost ? Ought
P. 1195. THE PREMIER mt QuEENSLAND To THE PRE.:~nER oF VIC'l'ORIA.
Colonial Secretary's Office, Brisbane, 8th October, 1883.
Sm, I have the honour to forward to you the enclosed copies of a letter addressed by me to His Excellency the Administrator of the Government of this Colony, to
•
46 accompany his reply to Lord Derby's despatch containing the refusal of Her Majesty's Government to confirm our recent action in connexion with the Annexation of New Guinea. I have, &c., (For the Colonial Secretary), RrcnD. J. GRAY. Colonial Secretary's Office, Brisbane, 28th September, 1883.
Sm, . I have the honour to acknowledge the receipt of the despatch atldrcsscd to Your Excellency by the R1ght Honorablo the Secretary of State for the Colonies, dated the ll th of July last, containing the refusal of Her Majesty's Government to confirm the recent action of the Government of this Colony in taking possession, in Her Majesty's name, of so much of the island of New Guinea as was not in the possession of any civilized power. 2. The action of your predecessor, the late Sir Arthur Kennedy, in authorizing the Annexation of New Guinea, was taken after due deliberation and several consultations with his Mmisters, throughout which he showed himself fully alive to the interests and responsibilities of Her Majesty's Government. Nor were his Ministers behindhand in studying, as far as they possibly could, in connexion with the question of Annexation, the interests of the Empire generally as well as those of Queensland. It is thereforo with much regret we have received the announcement of the decision referred to, and find that the only result of our appeal is the expression of a hope that "the time is now not distant when, iu respect of questions of Annexation, the Australian Colonies will effectively combine together and provide the cost of carrying out any policy which, after mature consideration, they may unite in recommending, and which Her Majesty's Government may think it right and expedient to adopt." 3. It is also with regret that we arc compelled to notice throughout Lord Derby's reply a certain incomplete conception of the aims of the Australian people and Governments in connexion with such matters as that under consideration. In this portion of the Empire we are daily cognisant of a ceaseless process of development and expansion, as natural as it is inevitable, which it is difficult for any one who is not at least on the skirts of the movement to realize, and I believe that it is partly in a mistaken conception of the attitude which Colonial Governments assume toward this movement that any mistmdorstanding arises as to the desired extension of Her Majesty's Dominions in our vicinity. Their purpose is not, as is apparently assumed, to stimulate unduly this process of expansion. On the contrary, the object of all our appeals to Her Majesty's Government, in this connoxion, has been to obtain such powers as may enable us to control this inevitable process, and restrict it within the bounds of law and order. 4. In reply to that portion of the despatch in which Lord Derby remarks that "it is much to be regretted that your advisers should, without apparent necessity, have taken on themselves the exercise of powers which they do not possess," I desire to observe, what must have boon already clearly perceived from the purport of previous despatches, that in formally annexing Now Guinea, we wore perfectly aware that the efficacy of our action was altogether contingent on subsequent ratification by Her 1\iajesty's Government. That we had no right, however, without the sanction of Her Majesty's Government, to annex territory in which there exists no settled Government, is contrary to the whole history of colonial acquisition. So far also as concerns the phrase, "without apparent necessity," I would snhmit that political necessity is constituted in a large measure by the pressure of public feeling and opinion ; and that these were not wanting in this case is abundantly provetl by the favorable verdict of the Australian Press, and the support given to our action by the Governments of the other Australian Colonies. 5. As a matter of fact, such apprehensions as made the Annexation in question an act of necessity have by no means been allayed by the assurance of Her Majesty's Government that they are unfounded ; and subsequent events, which show how eagerly the eyes of another nation arc turned towards colonial acquisition in this part of the globe, have rendered the Australian people still more sensitive to the danger of leaving to the mercy of the first eo mer a territory, tho possession of which by a Foreign Power, might prove disastrous to our trade and to our peace. The measure recently adopto!l by the :French Chamber of Deputies for the deportation, in tens of thousam1s, of their most dangerous convicts to various islands in the Pacific, to be set free on arrival at their destinations, renders it doubly necessary that every point of vantage in our vicinity shoulLl find our jurisdiction firmly established theroon, before those spreading hordes of criminals, who will inevitably converge towards the largo communities of Australia, attempt to settle within the neighbourhood of Australian waters. It is unnecessary for me to show how this project of utilizing the Pacific for the free immigration of untrammelled vice connects itself with the New Guinea question. 6. Not only has Lonl Derby's despatch failed to allay the apprehensions of the Australian people as to the possible occupation of Now Guinea by a Foreign Power, but they have derived as little comfort from his statement in Parliament that the formation of a settlement on the coast of that island by such a power would be regarded by Her Majesty's Government as an unfriendly act. At the stage at which the act could be regarded as an unfriendly one, it must have been already accomplished; so that Lord Derby's words are either a mere prognostication of regret, or a declaration that Her Majesty's Government would submit the matter to the arbitramont of war. If the Imperial Government moan eventually to annex, not only is no advantage to be gained Ly postponement, but in the meantime the course which is now open and clear will have become beset with difficulties, and our lost opportunities will have to he recovered at a much greater cost than would be incurred if we were to avail ourselves of them without delay. 7. In coming to the conclusion that "even granting that the extension of the Queen's sovereignty to the eastern portion of N cw Guinea has Locomo necessary, the proposal that the territory so annexed should form part of the Colony of Queensland would Le open to strong objection," Lord DorLy has omitted to consider the position in which the question rested when negotiations last took place between the Governments of Great Britain and Queensland. Lord Caruarvon when appealed to Ly the colonists to annex New Guinea, virtually consented, provided the Colonies relieved tho Home Government of the cost,
47 The expense of government was then the only obstacle, and WC have removed that obstacle by offering to provide the necessary funds. With regard to be objection raised by Lord Derby in the extract from his despatch quoted above, I m!lj' point out that the Annexation of New Guinea to this Colony is not considered by the Government to be a vital part of the question : on the contrary, they would prefer that the territory should be made a Crown Colony, or, better still, placed ugder the control of the "United Australian Colonies." Queensland does not desire an increase of territory. The part she has taken, and is still prepared to take, is to provide for the necessary expenditure, should the territory be annexed to her, and thereby remove the only difficulty which, previous to the initiation of tbe present correspondence, was supposed to exist. The Colony will, however, be quite satisfied if Annexation to the British Crown takes place in another form. 8. Allusion is made by Lord Derby to a statement in the Press that one reason why Queensland desires the Annexation of New Guinea is the facility which would thereby be afforded for obtaining a large supply of coloured labour for the sugar plantations, without going beyond the limits of the Colony. On behalf of the Colony, I deny that we have been actuated by any such motive ; nor was there the slightest ground for believing the statement. The only attempt at an assertion of fact in favour of such a position was that made by Lord Lamington, in the House of Lords, that immediately the Annexation had taken place a labour ship was despatched from Mackay to New Guinea in quest of labour. As a matter o~ fact no labour vessels have as yet cleared from any port i11. this Colony for New Guinea; nor have any natives of that island ever been introduced into Queensland. The inhabitants on the coast of New Guinea are agriculturists themselves, with abundance of land to cultivate, and it is quite likely that any improved system of European cultivation would give employment to a large body of New Guinea natives in their own country; but there is no probability, nor was it ever contemplated, that natives would be taken to the Australian coast. 9. The proposal of Lord Derby to place one or more Deputies of the High Commissioner on the coast, provided that a reasonable annual sum to meet the cost thereof be paid by this Colony, does not 11t all meet the requirements of the case. The powers of the High Commissioners do not extend beyond BritiRh subjects. Men from all nations are flocking towards the Settlements in Torres Straits, and these are the people we should find it most difficult to deal with. The Government must therefore decline to contribute in any way to meet the cost of these officers. The proposal that, in the event of the High CommissioH~er's Deputies being sent out, the Imperial Government would take steps for strengthening the naval force on the Australian station is connected with a much wider subject-the defences of our coast. The Government consider that the naval defence of the Colo~es o11ght certainly not to fall exclusi vcly on Her Majesty's Government ; a large portion of it should be made a charge upon Colonial funds ; and I lwlievr that were proposals made to the various Colonies, or the united Colonies, for better and more p<·rmaneu t protection, Great Britain would be meL in a patriotic and loyal spirit. IO. The present condition of New Guinea, uncontrolled by any civilized government. and liable at any moment to be taken possession of by a foreign nation, is a constant source of unea~iness to the col~>nif't,.; of Queensland, who clearly perceive the evils and Llangers likely to arise from the closE> proximity to onr shores of a Foreign Power, and from the establishment, as the probable result, of penal ~ctt.lernent'l even nearer to the Colony than those already formed. Lord Derby insists that we cannot of ourselves annex, but this in no way impeaches our contention that now is the opportune time for Annexation, that delny will only result in an increase of Imperial responsibilities, and that what might appear to Le a policy of enterprise is simply a prudent provision against future complications. If England, therefore, formally annex a\ once, the well-grounded fear~ of the colonists will be allayed. I have the honour to be, Sir, Your Excellency's most obedient, His Exci:LLENCY THE ADMINISTRATOR OP THE GOVERNMENT OF QUEENSLAND.
TnoMAs MciLWRAITH.
No. 804: THE SECRETARY TO THE PREMIER OF VICTORIA TO THE AGENT-GENERAL.
Premier's Office, Melbourne, lOth October, 1883.
Sm, I have the honour, by direction of the Premier, to acknowledge the receipt of your letters, Nos. 1969 and 1987, of the 24th August, each enclosing a copy of the Projet de Loi respecting the Relegation of Recidivistes, and the former reporting the progress of your proceedings with regard to the Annexation of Islands. Mr. Service has carefully read your letters. I beg to inform you in connexion with this subject that the Convention on the Annexation of Adjacent Islands and Federation of Australasian Colonies has been definitely appointed to meet in Sydney on Wednesday, the 28th November. I have, &c.,
E. J.
THOMAS,
Secretary to the Premier. No. 38,
G
48 No. 954. THE SECRETARY TO THE PREMIER OF VICTORIA TO THE AGENT-GENERAL.
Premier's Office, Melbourne, 25th October, 1883.
Sm1
Continuing my letter of the lOth instant, No. 804, I now have the honour, by direction of the Premier, to transmit herewith a few copies of a *Parliamentary paper containing correspondence respecting the approaching Convention in Sydney on the Annexation of the Adjacent Islands, and the Federation of Australasia. 1\fr. Service is still in correspondence with Mr. Stuart on the subject of the letters of 18th September and 9th October. I beg to inform you that the movement which in his printed letter to the Governor of 27th July, Mr. Service announced as having commenced amongst Municipal bodies and public meetings expressing sympathy with the Government, as regards the Annexation of the Islands, has, as was anticipated, spread throughout the Colony. The Premier is daily in receipt of Resolutions from the Councils of Cities, Shires, and Boroughs, and also from public meetings expressing hearty concurrence with the Government policy in this matter. It is intended to print these and present them to Parliament, when copies shall be supplied to you. Referring to my letter of lOth September, No. 586, I heg to transmit herewith, for your information, a copy of the reply which has been received by the Premier to the invitation to attend the Convention which was sent to the Government of Fiji. I have, &c.,
E. J.
THOMAS,
Secretary to the Premier.
P. 1378. 2201. Sm,
THE AGENT-GENERAL TO THE PREMIER.
8 Victoria Chambers, Westminster, 21st September, 1883.
In continuation of my letter of the 24th ultimo, No. 1969, I have the honour to inform you that no reply having been as yet received from the Colonial Office to the joint despatch of the Agents-General at the date when I received your telegraphic despatch of the 7th instant, I decided to avail myself of the occasion which it presented to address the Secretary of State directly on the subject. I enclose a copy of my letter. II. Having taken this letter to the Colonial Office myself with the hope of personally ascertaining, if possible, when some intimation of the policy of the Government might be expected, I was informed that Mr. Bramston, formerly Attorney-General for Queensland, and now one of the Assistant Under-Secretaries in special charge of Australian affairs, was in town. I called on him the following day, and he informed me that Lord Derby's reply was nearly ready, and would probably reach me within twenty-four hours. The letter, which bears Mr. Bramston's signature, reached this office accordingly on the evening of the 12th. It is, however, as you will observe, dated the 31st August. Ill. Sir Saul Samuel, Sir Francis Dillon Bell, and Mr. Archer were all, as it happened, at the moment absent from London. After communication with their respective secretaries, I decided to telegraph to you a full synopsis of Mr. Bramston's letter, and to ask you to communicate it to the other Governments concerned. Copies of the despatch and of the telegraphic summary are enclosed. IV. The Agents-General for New South Wales, New Zealand, and Queensland have since returned to London, and I have had some informal conversation with each of them. I think I may say that there is but one opinion among us-that the document is eminently unsatisfactory in tone and substance. I hope within a few dayB to inform you by telegraph of the course we propose to take in dealing with it. 2 S.-No. 42.
49
V. Early yesterday I received, through the courtesy of Baron Reuter, communication of a telegram which he had had from his Melbourne agent, and which subsequently appeared in the public press. It occurred to me that it might have a useful effect in arousing Lord Derby to the gravity of the circumstances if I were authorized to communicate the facts, which I had no doubt were correctly related in the telegram, to the Colonial Office. I accordingly addressed to you in cipher the message of which a copy is subjoined, and have this day received your reply also in cipher. I have, &c.,
RonT.
THE HoNORABLE THE PREMIEH, MELBOURNE.
MunRAY SMITH.
(Enclosure No. 1.) THE AGENT-GENERAL To THE CoLONIAL OFFICE.
8 Victoria Chambers, Westminster, S.W., lOth September, 1883. MY LORD,
With reference to previous correspondence on the subject of the Annexation of New Guinea, the New Hebrides, and other Islands in the Western Pacific, I have the honour to inform you that I have received a telegraphic despatch from my Government stating that their attention has been directed to the announcement which has appeared in the French press to the effect that two war steamers of the Republican Navy have been lately despatched to the New Hebrides. It will be withiu your recollection that in the joint despatch of the Agents-General for New 8outh Wales, New Zealand, Victoria, and Queensland, addressed to Your Lordship on the 21st of July, particular attention was directed to the debate in the French Chamber of Deputies on the 7th of May last, in the course of which M. W addington said that the French flag might very soon be hoisted on these islands. In a despatch which I had previously addressed to Your Lordship on the 12th of July, I also referred to the "uneasiness excited by French movements in the Pacific, which my Government are of opinion indicate danger to the New Hebrides gronp of islands." Parliament is now sitting at Melbourne, and H!iJr Majesty's Government there have, I am informed, been questioned on the subject, but in the absence of any reply from Your Lordship to the communications I have referred to, they are unable to give such an indication as they would desire to be able to lay before Parliament of the common policy which they very strongly feel ought to be now pi10mptly pursued by Her Majesty's Imperial and Colonial Governments ; and I am instructed to say that they fear that any appearance of hesitation at the present moment may have the result of losing those valuable islands, which ought, in their opinion, to form part of the British Empire. I am also informed by 1\Ir. Service that a Convention of all the Australasian Governments has been agreed to, and will be held in the month of November. I have, &c., &c., &c., ROBT, MURRAY SMITH. THE RIGHT HoNORABLE THE EARL oF DEr~BY, HER MAJESTY's PRUi'CIPAL SECRETARY OF STATE FoR CoLONIAL AFFAIRs.
(Enclosure No. 2.) GENTLEMEN, Downing-street, 31st August, 1883. I am directed by the Earl of Derby to acknowledge the receipt of your letter of the 21st July, placing before His Lordship the representations with regard to New Guinea and the islands in the 'V estern Pacific Ocean which you had promised during your recent inten'iew. Lord Derby recognises the care and ability with which you have recapitulated the history of past transactions in that part of the world, and, as His Lordsl1ip does not perceive that this department need take exception to any of the statements in the earlier part of your letter, he will not at present examine them in detail. I am, however, to inform you that, as it contains many references to the acts and opinions of the High Commissioner and of Her Majesty's naval officers, Lord Derby has transmitted copies to Sir Arthur Gordon and to the Lords Commissioners of the Admiralty, for their consideration. 2. Turning to your inquiry as to the extent to which the claims of Foreign Powers in the 'Vestern Pacific have been recognised by Her Majesty's Government, His Lordship is disposed to doubt whether there is really so much uncertainty or absence of infornmtion on this subject in the Australian Colonies as you seem to apprehend. 3. Referring, however, first to those islands of the Western Pacific which are most distant from Australia, the Navigators Islands, no power has claimed or indicated any desire to obtain a paramount influence or protectorate over that group. The Consular Officers of Great Britain, Germany, and the United States have, jointly or separately, from time to time exercised influence over public and native affairs at Samoa; and this country, as well as Germany, has entered into treaties with the King and Government of Samoa. The group therefore forms an independent State, Yeeognisetl as such by European diplomacy, and under these circmnstanees the question might possibly arise whether its annexation by any power would not be a violation of international law. 4. The Government of the Tongau or Fl'iemlly Islands is also recognised as independent, and this country and Germany have recently concluded treaties with the King of that group. The same argument therefore applies in this as in the former case. 5. Proceeding westward past Fiji, which, with the neighbouring island of Rotumal1, is British, we come to the New Hebrides; and your letter shows that you are aware of the understanding arrived at in 1878 between Her .Majesty's Government and the Government of France, in pursuance of which the independence of those islands has been up to the present time recognised and respected by both Governments. The Loyalty
50 Islands, being close to New Caledonia, are to be looked upon as dependencies of the French Government in that island. 6. The foregoing brief statement may suffice to explain to you that the claims and interests of other countries constitute a very serious impediment to that " complete jurisdiction '' which you represent that England ought now to assume over the \Vestern Pacific, and that the best known and most frequented groups of islands have already such relations with Foreign Powers, in common with England, as cannot he summarily ignored. You do not specifically refer to the important islands or group of islands known as New Britain, New Ireland, the Solomon Islands, and tlw Santa Cruz Islands. They are at a considerable distance from Australia, and are for the most part of great size, and inhabited by warlike and cannibal tribes. Her Majesty's Government have not before them any mridence that tlw Governments of the Australasian Colonies have sufficiently considered the extent of the responsibilities which the annexation or protectorate of those islands would involve, and they are far from being satisfied that the assumption of those responsibilities is necessary or justifiable. 7. \Vith reference to that part of your letter which treats of N"ew Guinea, Lord Derby desires me to ohserre tl1at he has at present nothing to add to the ;lcspa~eh which he addressed on the 11th July to the Acting Governor of Queensland. His Lordship concludes tlmt, after receiving that despatch, the Governments of any colonies desiri11g to bear the cost of any measrores which, as indicated in the two last paragraphs of that despatcl1, Her Majesty's Government may be prepared to take, will confer together and make those unitt•d recommendations whicl1 lmve been invited, furnishing also an eff,•ctive guarantee for such expenditure as may be incurred. They will, no doubt, at the same time eon8ider whether they wish to make jointly any similar .],,finite proposal with regard to other islands not already connected by treaty or otherwise with Foreign Powers. H. I am to ::Hld that Lord Derby has rc>ad with attention your rt'prcsentations as to the inconrenicncc ,n!] iniurv whiel1, uuless grrat precautir.ns are 111ight rC'sult frr,;n the eontinmmcc and devclopmC'nt of th Fr~ll(:h JWnal sAll••ments in New C'11blouia the adjacent isl::nds, aml that His Lordship i~ in corn: 11 j, •. ti .1 nilh tl:e Fnrvign Office on the Rubjcct. I am, Gentlemen, Y onr most ob.•d ient servant, The Ag-·•Hts-G,•npra] for Nc>w Sonth "\V nles, JoHN BnAMSTON. New Zealand, QueemLmd, and Victoria.
(Enclosure No. 3.) Copy of telegram referred to in accompanying letter. London, 13th September, 1883. "Colonial Office replied joint letter, &c."
t)ee P. 910, page 31.
No. 887. THE PREMIER OF VICTORIA TO THE PREMIER OF TAS.MANIA, AND THEJ CoLoNIAL SECRETARY, FIJI. Premier's Office, CmccLAR.
Melbourne, 20th October, 1883.
Sm,
I have the honour to transmit herewith, for your information, a few copies of a Paper * which has been presented to our Parliament containing correspondence respecting the Convention to be held in Sydney on the subject of the Annexation of adjacent islands, and the :Federation of Australasian Colonies. I have, &c.,
J AMES
SERVICE,
Premier.
P. 1327. THE PREMIER OF NEW SouTH WALES TO TIIE PREMIER OF VrcTORIA.
Colonial Secretary's Office, Sydney, 24th October, 1883.
83. 8911. Sm, 19
th
te b 8
1ass~P
m er,
I have the honom to transmit to you herewith a copy of a Memorial that has been received from the European inhabitants of Ji'iji, addressed to the President and lVIembers of the Intercolonial Conference, to be held in Sydney during next month, praying for a consideration of their claim to be allowed to participate in whatever arrangements may be determined upon at such Conference in view of a United Australasian Confederation, together with a copy of a petition from the British subjects resident in Fiji, addressed to Her Majesty the Queen, praying generally for an amelioration of their political disabilities in the direction of ~"ederation or Annexation to one or other of the Australasian Colonies. I have, &c., ALEX. STUART. " NOTE.-For this
42.
51 MEMORIAL FROM INHABITANTS OF FIJI ON THE FEDERATION OF THE AUSTRALASIAN COLONIES. MEMORIAL to the Honorable the President and the Members of the Federal Convention appointed to meet at Sydney, in the colony of New South Wales, in October next. The Memorial of the inhabitants of the colony of FijiRESPECTFULL Y SiiowETH : -
That your Memorialists are residents of the Crown Colony of Fiji, and regard the question of the ultimate Federation of the Australasian Colonies as one of vital importance to the interests of this colony. That the system of Government adopted in a Crown Colony such as we have here is altogether opposed to the spirit of the age; that, to a great extent, it impedes the investment and employment of capital in developing the industrial resources of the country; that it cheeks the producing interests by unnecessary restrictions, and exercises such an unwholesome influence on every branch of industry that it has retarded rather than advanced the natural progress of the colony. That the colony is self-supporting is evidenced by the fact that our revenue now amounts to £98,000 sterling, and the expenditure t{) £87,000 sterling; yet in its appropriation the people are denied any voice, and this, notwithstanding that the Legislative Council contains certain non-official members, nominated and appointed by the Governor, yet-such is the dominating influence of the executive and the official members of the Council-they are powerless for good, and can neither control the expenditure in any way nor are they permitted to interfere with any appointment to office within the colony. Th~ geographical position of this colony, its large and increasing business conncxions with New South. 'Vales, Victoria, and New Zealand, has induced the inhabitants to come forward and beg that they may be allowed to place before the Conference, now shortly to sit, its political position and the many benefits which would accme to the colony and its people by the introduction of a more liberal form of Government, so that the advantages which the Australasian Colonies must derive from Federation may be extended to Fiji, whether as an appanage of one or other of the Colonial Dependencies or otherwise, as the Conference may deem most advisable for the best interests and prosperity of this colony and its people. And your Memorialists solicit that the combined and powerful influence of the Convention will be exercised with the Imperial authorities in procuring their consent to the incorporation of this colony with Federated Australasia. With the object of securing the foregoing, or, if that be denied us, of obtaining some amelioration of the disabilities under which we labour through our present form of Government, your Memorialists have prepared and forwarded for presentation to Her 1\Iost Gracious Majesty the Queen a petition, a copy of which is hereto annexed, and it is prayed that the Members of the Convention will assist the Petitioners in obtaining the objects of their petition. Dated in Levuka, Fiji, this 19th September, 1883.
To Her Most Gracious Majesty Victoria, Queen of Great Britain and Ireland, Empress of India, &c., &c., &c. This the humble Petition of the undersigned, your Majesty's British subjects, resident in the Colony of FijiREBPECTFULLY SnowETH : -
1. That your Petitioners are Colonists of Fiji, and are largely interested, commercially and otherwise, in the present and future prosperity of the Colony. 2. That Fiji has been a British Colony since the lOth day of October, 1874. 3. That the present population of the Colony consists, it is estimated, of 110,000 native-born Fijians, and of 2,500 European and other Foreign Residents, exclusive of labourers introduced from other of the Pacific Islllnds and from India. 4. That the Government of the Colony is now administered by the Governor, with the advice of the Executive Council. 5. That the Executive Council, as ordinarily constituted, consists of the Governor, the Colonial Secretary, the Attorney-General, the Receiver-General, and the Agent-General of Immigration. 6. That the Legislative Council consists of the Guvernor and his Executive Council, the Honorable the Chief Justice and other officials not members of the Executive Council, with certain gentlemen not connected with the Government, but who are nominees of the Crown. 7. That all laws and ot·dinances passed for the Government of the Colony are enacted by the Governor with the advice of the Legislative Council. 8. That the votes of the official members of the Legislative Council are recorded as His Excellency may direct, notwithstanding that their personal opinion may be at variance with his own. 9. That no Member of the Legislative Council, other than the Governor, can propose any expenditure of money, nor reduce nor add to any amount proposed by him. 10. That since the constitution of the Government as now existing, no single ordinance has been passed when introduced by any non-official member. 11. That the revenue of the colony has now reached a total of at least £90,000 per annum; that the European inhabitants are the principal contributors directly or indirectly t:bereof, and that such revenue exceeds the present expenditure of the colony. 12. That all appointments to offices and positions of emolument within the colony are made by the Crown alone ; that a reference to the appointments made for some years past will show that only an exceedingly small proportion of the ()ffices created have been filled by residents in the colony, and that in the great majority of instances preferenoe has been ·given to cadets from England or Scotland, or persons from India,
52 13. That your Petitioners are denied all right of local self-government, and show that in the year 1877 provision was made for the appointment of a Town Board in Levuka, so constituted that such a proportion of members should be elected by the ratepayers as to give them a majority in the Town Council. That this system worked successfully when tried in Levuka, but that for the management of the town of Suva an officer of the Government alone manages the municipal business of the town, and imposes and expends all rates. 14. That a reference to the statistics of the colony and to other sources of information will show that the European colonists are as orderly, law-abiding, and well-conducted as any other subjects within your Majesty's dominions. 15. That your Majesty's subjects in this colony are discontented and grieved that all right of being represented or heard in the Councils of this colony is denied to them, and that they have no voice in the administration of the Government of the colony, the enactment of its laws, or the public expenditure. 16. That, with few exceptions, the Ordinances of the colony are introduced to the Legislative Council and passed without prior publicity having been given to them, so as to allow discussion, and objection, or suggestion thereto, to be made through the medium of the public Press, or in other ways through the non-official Members of the Council. 17. That the fact of the inhabitants of the colony consisting of so large a proportion of native Fijians is no reason why the right ordinarily granted to British subjects of being represented in Colonial Councils of Government should be entirely denied to your Majesty's subjects in this colony. 18. That, as there will shortly be assembled at Sydney, in the colony of New South Wales, a Convention of Representatives of the Australasian Colonies to consider the question of a General Federation of the colonies, and the Annexation of parts of New Guinea and also certain other islands or groups of islands in the Western Pacific, the time has therefore seemed to your Majesty's Petitioners opportune for praying from your Majesty's Government consideration of their present political position. In furtherance of which object your Petitioners have memorialized the said Convention now about to meet, and have requested them to assist your Petitioners in obtaining the objects herein set forth. Your Petitioners therefore now most humbly pray : 1. That your Majesty will see fit, in the event of the Australasian Colonies becoming Federated, to constitute the colony of Fiji an integral portion of Federated Australasia. 2. That in the event of such Federation not being now immediately accomplished, your Majesty will see fit to allow the colony of Fiji to become incorporated with one of the Australasian Colonies as now existing, with the consent of such colony. 3. Or, that your Majesty will see fit to grant to the British-born subjects resident within this Colony complete relief from the humiliating condition in which they are at present politically placed. 4. That such relief be granted with due regard to the preservation of all existing rights and privileges of the native races inhabiting this colony. And your Petitioners, as in duty bound, will every pray, &c. Dated in Levuka, Fiji, this 19th September, 1883.
;r. 1287. THE COLONIAL SECRETARY OF FIJI TO THE PREMIER OF VICTORIA.
SIR,
Colonial Secretary's Office, Fiji, 6th October, 1883.
I have laid l?efore the Governor of Fiji the letters which I have had the honour to receive from you {one dated 1st September and received 24th September, the other dated 11th September and received the 3rd instant) on the subject of a Convention, which it is proposed to hold in Sydney, for the purpose of considering questions of Confederation and Annexation, and I am directed by His Excellency to forward to you the reply, which I herewith enclose. I have, &c., JOHN
B.
THURSTON.
(Enclosure.) 4 October, 1883. "In acknowledging the letters addressed to the Colonial Secretary by the Honorable James Service, Premier of Victoria, conveying a desire for the attendance of a representative of Fiji at a Convention proposed to be held shortly in Sydney, for the purpose of considering certain important questions, the Governor of Fiji desires, in the first instance, to express on behalf of the Colony his appreciation of the honour done to it by this courteous invitation. " Deeming of vital importance to British interests in this part of the world the creation of an Australasian Federative Government, and having the fullest sympathy with those statesmen who are, as he learns, endeavouring to moderate local susceptibilities, and to promote reciprocal concessions for the purpose of uniting the separate Colonies into one powerful dominion, the Governor of Fiji would be most glad if he were in a position to accept this invitation at once in the cordial spirit in which it is offered. " But, though Fiji has various interests in common with the larger Colonies, and might also be able to afford local information which would be useful to the Convention, the Governor has reason to believe that Her Majesty's Government do not, as Mr. Service supposes, contemplate the early inclusion of this Colony in an Australasian Confederation, and he is in doubt whether the position of its representative at such a
53 Convention would not therefore be so anomalous as to render his appointment undesirablet and even whether his presence under such circumstances would be acceptable to the other delegates. " The Governor thinks it possible that Fiji might be more useful to the Convention by remaining outside of it; but as time does not permit of the removal by correspondence of his doubts with reference to the points indicated, the Governor hopes to have an early opportunity of conferring in person, both with Mr. Service and with the Premier of New South Wales. "Meanwhile the Governor trusts that the representation of Fiji will be permitted to remain an open question." G. WILLIUI DES Vmux, Governor.
P. 1409.
TELEGRAM. THE AGEXT-GENERAL TO THE PREMIER.-(Translated from Cipher.) London, 25th October, 1883.
Convention.-Wrote Secretary of State for the Colonies, after the receipt of August despatches. Telegram fifth, requesting some definite reply to your question. His reply :-"In the first place, Her Majesty's Government will be prepared to take into consideration the proposals of the Australian Colonies after you fully consider the whole subject at the meeting. Not now in the position to define the conditions upon which \\ill be prepared to assent annexation. Secondly, if you do agree to confederate, or for united action annexation, it would be much less difficult to arrange the transfer the Australian Colonies of the obligations of the country in regard to neighbouring native communities. If the Colonies' Conference decide that the annexation of some of the Islands is desirable, Her Majesty's Government are willing to discuss full details with your Agents-General or other representatives, taldn~ into consideration the annexation is justifiable. Thirdly, it will not 1Je possible to estimate what it will cost if protection Imperial Commissioner extended over important Islands besides New Guinea. Increased staff probably cost some thousands a year.
P. 1408.
TELEGRAM. THE AGENT-GENERAL TO THE PREMIER. London, 26th October, 1883.
Fiji.-Sir Robt. Herhert strongly approves suggestion. See as soon as possible Lord Derby. Blue Book has been published containing withdrawal of France pretension to interfere New Guinea, but the understanding New Hebrides renewed. Private inquiry French official source, we learn that the Convicts Bill not yet promulgated has to be discussed again French Senate, and will probably meet with much opposition financial reasons and the protest Her Majesty's Government.
No. 997. THE PREMIER oF VIcToRIA TO THE CoLONIAL SECRETARY of FIJI. Premier's Office, Melbourne, 30th October, 1883.
SIR,
Re Convention on Annexation of A(ljacent Islands and Federation of Austral· asian Colonies. I have the honour to acknowledge the receipt, on the 22nd instant, of your letter of the 6th idem, in reply to my letters inviting your Government to send representatives to the approaching Convention. I have to request that you will express to His Excellency the Governor my acknowledgment of the cordial spirit in which the invitation has been received. With reference to the latter part of His Excellency's communication, I beg leave to say that I look forward with pleasure to conferring with His Excellency personally on the subject, and in the meantime will leave as an open question the matter of the representation of Jl'iji at the Convention.
54 I beg to state, however, that, simultaneously with my invitation to your Government, I instructed the Agent-General for Victoria in London to use his influence with the Colonial Office in order to procure the necessary authorization for Fiji to join in the Convention, and I have lately received a telegram from the Agent~General indicating that it is by no means improbable that his representations in the matter will be successful, and that the sanction of Her Majesty may be communicated by telegraph in time to be acted upon. I have, &c.,
J AMES
SERVICE,
Premier. No. 985a. THE SECRETARY TO THE PREMIER TO THE PREMIERS OR COLONIAL SECRETARIES OF AUSTRALASIA.
Premier's Office, Melbourne, 30th October, 1883.
SIR, I have the honour, by direction of the Premier, to transmit herewith a few copies of a further correspondence,.. respecting the approaching Convention on Federation and the Annexation of adjacent Islands. I have, &c., E. J. THOMAS, Secretary to the Premier. No. 1036. THE SECRETARY TO THE PREMIER TO THE AGENT-GENERAL.
Premier's Office, Melbourne, 1st November, 1883. Sm, I have the honour, by direction of the Premier, to enclose herewith three (3) copies of a paper containing further correspondence respecting the Convention on Annexation of Adjacent Islands and the Federation of Australasia. I also enclose a copy of a papert containing resolutions passed by municipal bodies and public meetings throughout the Colony in support of the policy of the Government with regard to the matter. I have, &c.,
E. J.
THOMAS,
Secretary to the Premier. P. 1436. TELEGRAM. THE AGENT-GENERAL TO THE PREMIER.
London, 2nd November, 1883. Lord Derby telegraphed yesterday Thurston to attend Conference.
No. 1057.
TELEGRAM.
THE PREMIER OF VICTORIA TO THE PREMIERS, ETC., OF AusTRALASIA.
:Melbourne, 5th November, 1883. .. . Our Agent-General telegraphs that Lord Derby has consented to representation of FIJI at Convention, and that he has telegraphed instructions accordingly. This is important as it gives Imperial recognition to the Convention. ,. Vide 2 S.-No. 48.
t
Vide 2 S.-No. 47.
P. 1495.
THE AGENT-GENERAL TO THE PREMIEit.
2347/83.
8 Victoria Chambers, Westminster, S. W., 5th October, 1883.
SIR,
In continuation of my letter of last mail, No. 2201, on the subject of Confederation and Annexation, I have the honour to inform you that I received, on the 25th ultimo, the reply from the Colonial office (of which a copy is enclosed herein) to my letter to Lord Derby of the lOth. II. Having conferred with the other Agents-General as to the course proper to be taken with reference to Mr. Bramston's previous letter in answer to our joint despatch, I found that Sir Saul Samuel had received instructions from his Government not to proceed further pending the assembly of the Convention at Sydney. The other Agents-General were of opinion that, under the circumstances, it would be undesirable at present to continue the correspondence, and I concurred with themthe more readily that the last paragraph of Mr. Bramston's letter indicated that Lord Derby too was awaiting the results of the Convention. Ill. But on carefully considering your despatch of the 13th of August delivered last week, and on receiving your telegraphic despatch of this morning, I felt that you expected me, if possible, to elicit meantime a much more distinct and categorical declaration of the policy of Her Majesty's Government than has as yet been intimated to us. I have accordingly this day addressed the despatch, of which a copy is enclosed, to Lord Derby, in which I have endeavoured to set forth a.s clearly as I could the points upon which you desire distinct infonnation before the assembly of the Convention. I will, of course, communicate the substance of any reply I may receive by telegraph. I have the honour to be, Sir, Your most obedient servant, THE HoNoRABLE THE PREMIER, MELBOURNE.
RoBT. MuRRAY SMITH.
(Enclosure No. 1.) SIR,
Downing-street, 24th September, 1883. I am directed by the Earl of Derby to acknowledge the receipt of your letter of the 1Oth instant, respecting the proposed annexation of New Guinea, the New Hebrides, nnd other islands in the Western Pacific. The letter which has been recently addressed to you and the Agents-General for New South Wales, Queensland, and New Zealand will have explained to you that Her Majesty's Government have given very full and careful attention to the views and proposals of the Australian Governments, and are now waiting the consideration by those Governments of Lord Derby's despatch of the 11th of July, and of his letter to you and the other Agents-General above referred to. I am, &c., (Signed) JoHN BRAMSTON. THE AGENT-GENERAL FOR VICTORIA. (Enclo~n~re
No. 2.) 5th October, 1883.
MY LORD, I have the honour to inform you that I hnve received by the last mail a despatch from the Honorable the Premier of Victoria, and that since its arrival I have received a further telegraphic despatch from Mr. Service very strongly urging me to impress upon Your Lordship the sense of Her Majesty's Colonial Ministers that it is eminently to be desired, in view of the Convention of the Australasian Governments, which will assemble at Sydney next month, that a clear understanding with Her sty's Imperial Government should be attained in respect to the conditions on which the Confederation o the Colonies, as advised by Your Lordship, should proceed, and also the method in which the necessary measures of Protectorate or Annexation in the Western Pacific should be approached. I am accordingly to invite Your Lordship to state, for the information of my Government, on what general conditions Her Majesty's Imperial Government will be prepared to give their assent to the Annex1ttion of the Western Pacific Islands, which have been sufficiently indicated in previous correspondence. I am further to request Your Lordship, having reference to your observation to the deputation of the Agents-General last June, that the Annexation should be preceded by a Federation of the Colonies, to state whether, if the colonies do become federally No. 38. B
56 united, the Imperial sanction to the Annexation will then be granted, or whether it will be granted on the Colonies simply agreeing to provide for the expense of the proceeding. In the telegraphic despatch to which I have nbove referred, received only this morning, I am further instructed to ask Your Lordship whether an estimate can be prepared at the Colonial Office, in anticipation of the meeting of the Convention, of the cost of those measures, or, it may be, at least, of such as are indicated in the latter paragraph of your despatch to the Officer auministering the Government of Queensland of the 11th of July last. The brief period which now remains before the assembly of the Convention, and the momentous uecision at which it is calleu upon to arrive, both in regard to the political constitution proper for the Australasian Dominion, anu the extension of territory necessary to provide forit auequate and secure boundaries, will, I hope, justify me in requesting your immediate and earnest attention to the questions which I am instructed by my Government to submit to your Lordship. I have the honour to be, My Lord, Your obedient servant, RoBT. MURRAY SMITH. THE RIGHT HONORABLE THE EARL OF DERBY, HER MAJESTY'S PRINCIPAL SECRETARY OF STATE FOR COLONIAL AFFAIRS.
THE PREMIER TO THE AGENT·GENRRAL.
Premier's Office, Melbourne, 7th November, 1883.
No. 1077.
SIR,
Dated 81 Aug., 1883.
I have to express my satisfilCtion at receiving your letter of the 21st September, No. 2201 (already acknowledged), informing me of your communications, verbal and written, with the Colonial Office, on the subject of the Annexation of Islands adjacent to Australia. I entirely agree with you as to the unsatisfactoriness, hoth in tone and substance, of Dr. Bramston's letter (enclosed by you), and I believe I may say that there is but one sentiment in Victoria on the subject. Parliament was prorogued on the 3rd instant, and in His Excellency's speech on the occasion special prominence was given to this important matter. I enclose a few copies of the speech for your information. I am gratified at the success of your representations in behalf of Fiji, as communicated hv vour telegram of the 2nd instant. ,; v I have, &c., J A:M.ES SERVICE, Premier.
P. 1513a.
TELEGHA:M.. TnE AGENT-GENERAL TO THE PREMIER.
London, 9th November, 1883. Can you r ersuade Premier, Adelaide, to instruct their Agent attend a meeting the Agents-General to make a report to you before Convention?
No.
10%.
TELEGRAM.
THE PREMIER oF VICTORIA TO THE PREMIER oF SouTH AusTRALIA.
Melbourne, 12th November, 1883. Our A~ent-General wires me that meeting of Agents-General in London is proposed befo~e meeting of our Convention, and suggests your Agent-General should be instructed attend. I wish vou could see vour wav to do this. It would make our phalanx solid. " " "
57 P. 1514.
TELEGRAM. THE PREMIER OF SouTH AusTHALIA TO THE PREMIER OF VICTORIA.
Adelaide, 13th November, 1883. Have wired Agent-General to attend meeting as requested.
No. 1108.
TELEGRAM.
THE PnE.MIER oF VICTORIA To THE PREMIER oF Sou-TH Au-sTRALIA.
Melbourne, 13th November, 1883. Much gratified at your prompt compliance with the request respecting meeting of Agents-General.
No. 1107.
TELEGRAM. THE PREMIER TO THE AGENT-GENERAL.
London, 13th November, 1883. Adelaide has wired Blyth to attend meeting.
No. 1114. THE PREMIEH TO
His
ExcELLENCY THE GovERNOR.
Premier's Office, Melbourne, 13th November, 1883.
MY LoRD,
In re Annexation or Protectorate cif Islands AdJacent to Australia. In my letter of the 27th of July on this subject, I mentioned that the Govern· ment had received Resolutions from several Public Meetings and Municipal Bodies supporting their action in this matter. I also expressed the anticipation that similar expressions of opinion would very probably become general throughout the Colony. I beg now to inform Your Excellency that my anticipation has been fulfilled, the Government having received a large number of such Resolutions from all parts of the country. I have the honour to submit herewith a few copies of a Paper* presented to Parliament, containing such Resolutions as had up to the date of the printing of the Paper been received, but I beg to state that the movement is still going on, and I am in frequent receipt of similar Hesolutions. I shall be glad if Your Exeellency will be so good as to transmit a copy of the printed Paper enclosed for the information of the Right Honorablc the Secretary of State for the Colonies. I have, &c., J AMES SERVICE, Premier.
P. 1643. 2465/83.
THE AGENT-GENERAL TO THE PREMIER.
8 Vietoria Chambers, \Vestminster, S. W., 19th October, 1883.
SIR, In continuation of my despatch of the 5th instant, No. 2347, I have the honour to inform you that I have not yet received a reply to the letter which I addressed on the same day to the Secretary of State, and of which I forwarded a copy by last • 2 S.-No. 47.
58 mail. I have, however, just received a printed copy of certain correspondence on the subject of the Western Pacific Islands, which I enclose for your information. II. I desire to draw your attention to certain points in this correspondence. The first is the fact that the French Charge d'Affaires appears to have made a claim, subsequently explained and withdrawn, to a certain right of interference on behalf of his Government in New Guinea. This transpires in letter No. 15 from the Foreign Office to the Colonial Office, where allusion is made to a letter (not printed) in which Lord Derby is said to have commented upon Count d' Aunay's remark to Lord Granville in regard to a supposed understanding between England and France respecting Annexation in New Guinea. Upon this, Lord Granville instructed Her Majesty's Ambassador at Paris to communicate with the French Minister of Foreign Affairs, M. Challemel-Lacour. An interchange of diplomatic notes followed, and in that dated "Paris, le 16 Juillet" (p. 20) you will observe that there is a distinct disclaimer on the part of the French Government of New Guinea having ever been the object of an exchange of views between the two countries. But it is to be also noted that the French Government had previously obtained from Lord Granville (enclosures 2 and 3 in No. 22) assurances in regard to the New Hebrides, for which M. Challemel-Lacour feels bound to tender his best thanks. IlL I have next to direct your attention to the despatch of the Colonial Office to the Foreign Office (No. 32), and to that of the Foreign Office to Colonial Office (No. 35), on the subject of the representations addressed by the Agents-General to Her Majesty's Government in regard to French convict settlements in the Pacific. Though somewhat tardily, I think our representations are fairly and forcibly brought before the French Government. IV. You may also observe that, apparently as the immediate result of the joint letter of the Agents-General, Mr. Deputy Commissioner Romilly was ordered to proceed to New Guinea, and the Admiralty was requested (No. 19) to make provision for the presence of a man-of-war on that coast without any avoidable interruption for some time to come. I have the honour to be, Sir, Your most obedient servant, THE HoNoRABLE THE PREMIER, MELBOURNE.
No. 15.
ROBT. MURRAY SMITH.
FoREIGN OFFICE To CoLoNIAL o~'FICE.
Foreign Office, 11th July, 1883. I have laid before Earl Granville your letter of the 2nd instant, • communicating the Earl of Derby's observations in regard to a remark made by Count d'Annay in the course of conversation with Lord Granville in regard to a supposed understanding between England and France on the question of Annexations in New Guinea, and I am now to enclose, for Lord Derby's information, a copy of an instruction which Lord Granville has in consequence addressed to Her Majesty's Ambassador in Paris. I have, &c., (Signed) J. PAUNCEFOTB, THE UNDER SECRETARY OF STATE, COLONIAL OFFICE.
(Enclosure in No. 15.) Foreign Office, 7th July, 1883. MY LORD, I have to inform Your Excellency that I communicated to Her Majesty's Secretary of State for the Colonial Department a copy of my Despatch to you, of the 20th ultimo, recording a conversation which I had had with Count d' Aunay on the question, among other matters, of the intentions of Her Majesty's Government in regard to Annexation in New Guinea, in the course of which the French Charge d'Affaires adverted to a supposed understanding between the Governments of England and France that neither country should adopt a policy of Annexation in that quarter without previous notice and agreement. The Earl of Derby has, in reply, called attention to the fact that Her Majesty's Government are n<1t aware of the existence of any such agreement or understanding with the French Government in the case of New Guinea, and suggests that it may not be unlikely that the mutual assurances given by both Governments in 1878, in respect of the independence of the New Hebrides, may have been in Count d' Aunay's mind when referring to New Guinea.
* Not printed.
59 .Although the matter has no practical hearing after the assurances given hy M. d' Aunay, and afterwards by the President of the Council, that the French Government had no intention of interfering with the Isla.nd of New Guinea, I have to request that Your Excellency will take an early opportunity of putting this matt.er right with the Minister for Foreign Affairs. I am, &c., His ExcELLENCY (Signed) GUANYILLE. THE VISCOUNT LYONS, G.C.B., &c., &c.
No. 19.
CoLONIAL OFFICE TO AmrmALTY. Downing-street, 24th .Tnly, 1883.
SIR,
I am directed by the Earl of Derby to acknowledge the receipt of your letter of the 18th inst!mt, * in connexion with the proposal for the Annexation of New Guinea. Lord Derby is glad to observe that the Lords Commissioners of the Admimlty intend to instruct Commodore Erskine to take an early opportunity of sending one of IL~L ships to visit the coast of New Guinea, and trusts that provision will be made for the presence of a man-of-war on the coast of New Guinea without any avoidable interruption for some time to come. I am to state that Lord Derby wou!U be glad if lheir Lordships would cause him to be informed whether it is proposed to instruct Commodore Et·skine by tclegmph, for in that case it will be necessary to communicate by the same means with .Mr. Romilly, a Deputy Commissioner under the \Vcs1orn Pacific Order in Council, who will be directed to proceed from Sydney to New Guinea, and it will doubtless he convenient that he should be allowed passage in the vessel whieh will he detailed for the serviee above referred to, should there be no objection. I am, &c., (Signed) ROBERT G. W. HERBEUT. THE 8ECUETARY OF THE ADMIUALTY.
No. 22.
.FouEIGN OFFICE To CoLONIAl. OFFICE. Foreign Office, 25th July, 1883.
Sm,
With reference to my letter of the 11th instant, t I am directed by Earl Gramillc to transmit to you herewith, to be laid before the Earl of Derby, copies of a correspondence, recording certain explanations which have taken place, between Lord Granville and the .French Charge d'Airaires at this Court, with regard to the New Hebrides and New Guinea. With reference to the allusion to the New Hebrides question, made in the last paragraph of the note enclosed in Lord Lyons' Despatch of the 17th instant., I am to add that Lord Granville proposes, if Lord Derby concurs, to reply to the Note Verbale communicated by the French Charge d'Affaires on the 9th instant, to the effect that Her .Majesty's Government consider the declarations of 1878 concerning the N cw Hebrides as remaining in full force. I am, &c., THE UNDEU SECRETARY OF STATE, (Signetl) T. V. LISTER. CoLONIAL O.r'FICE.
(Enclos•Jre 1 in No. 22.) Le 9 Juillet, 1883. Vers la fin du mois dernier, le Representant de la France a Londrcs a entrctenu le Principal Secretaire d'Etat de la Reine de la demarche faite recemment par les ·colonies Australicnncs en vue de provoquer la reunion a la Couronne de divers groupcs d'ilcs du Pacifiquc et notamment des Nouvel!es Hebrides. En ce qui concerne les Nouvelles Hebrides la question avait ete, des 1878, posce dans les memes termes ; elle avait alors fourni !'occasion d'un eehangc de notes, dans lesquelles chacun des deux Gouvcrnements avait declare qu'en ce qui le conccrnait, il n'avait pas l'int.ention de porter atteinte a l'independance de l'archipel. . Il n'est survenu depuis lors aucun incident qui parflt de nature a modifier C!'lt accord de vues. Le fait meme ,que Lord Lyons a cru devoir, an mois de Mars dernicr, remettrc sons les yeux du .Ministre des Affa.ires Etrangercs a Paris le texte des notes susmentionnecs attcstait qu'a ce moment encore le Gouvcrnemcnt de Sa }lajest6 Britanniquc y attachait la memo valeur et persistait daus lcs memos dispositions. Cepenilant, dans le recent entrctieu, dont la demarchc des colonies Australiennes a fait le sujet, le Principal Secretaire d'Etat s'et:lt borue a dire que le Gouverncment Anglais n'avait encore pl'is aucune decision relativement a la reponse qui leur serait faitc. Los autres membres du GouYernement qui ont en depuis a traiter de la question au Parlcmcnt, se sont mcmes montres plus reserves et n'ont fait aucune mention des declarations de 1878. Des cctte epoque le Gouvcrnement Fran<;ais avait fait connaitro le prix qu'il attachait, en raison des rapports etablis entre ses eta.blissements de la Nouvclle Caledonie et les Nouvclles Hebrides, ace qu'aucun " Not printed.
t No. 15.
60 changement ne flit apporte a la situation politique de ce dernier groupe d'Iles. Loin de diminuer !'importance de ces rapports, n'a, depuis lors, cesse de s'accroi'tre ; ils presentent aujourd'hui pour notre colonie un interet de premier ordre. Le Gouvernement de la Republique a, par suite, le devoir de s'assurer si les declarations de 1878 out pour le Gouvernement de la Reine, comme pour lui, conserve toute leur valeur, et d'insister, s'il y a lieu, pour le maintien de l'etat actuel des choses. Le Cabinet de Londres ne sera pas surpris qu'en presence du mouvement d'opinion auquel la demarche des colonies Australiennes a donne lieu et des manifestations qui pourraient en resulter inopineetre fixe, bref delai, sur la maniere dont la ment de pu.rt ou d'autre le Gouvernement Fran9ais tienne question est envisagee par le Gouvernement de Sa Majeste Britannique.
a
a
(Enclosure 2 in No. 22.) Foreign Office, lOth July, 1883. MY LORD, The French Charge d' Afffiires called upon me this afternoon, and gave me the Memo., of which I enclose a copy. He said he was instructed by his Government to ask for an explanation as to whether Her Majesty's Government abandoned the understanding into which the two countries had entered in 1878 with regard to the New Hebrides. I told Count d'Aunay that I was myself about to ask him for an explanation on the subject of a report that the French flag had been hoisted on one of that group of islands. I was sure that the answer would be to the effect that the report was incorrect, on account of the agreement which he had just referred to, and which was considered by us to be perfectly valid. Count d' Aunay said that in putting the question he had been instructed to ask, he had expected the same reply, because his Government also considered the agreement to be still binding. I have, &c.,
His ExcELLENCY THE VIscouNT LYoNs, G.C.B.
(Signed)
GRANVILLE.
(Enclosure 3 in No. 22.)' Foreign Office, 11th July, 1883. MY LORD, The French Charge d'Affaires informed me this evening in a private note that he was instructed to offer me M. Challemel-Lacour's best thanks for the promptitude with which I had informed him of the views of Her Majesty's Government with regard to the New Hebiides. I am, &e., HIS EXCELLENCY THE VISCOUNT LYONS, G.C.B., &c., &c., &c.
(Signed)
GRANVILLE.
(Enclosure 4 in .No. 22.) Paris, 17th July, 1883. MY LORD, With reference to my despatch of tbe 14th instant, I have the honour to transmit to Your Lordship a copy of a Note Verbale which was sent to me last evening by M. Ch. Lacour in answer to that, which, in execution of instructions from Your Lordship, I addressed to him on the subject of New Guinea. The note states that the French Government, like that of Her Majesty, is unaware of any exchange of views having taken place between the two countries with regard to New Guinea. It appears from it, however, that the French Gol'ernment desire to receive a written answer to the Note Verbale respecting the New Hebrides which was given to your Lordship by the French Ch. d'Aff. on the lOth instant. I have, &c., (Signed) LYONs. THE EARL GRANVILLE, K.G.
Paris, le 16 Juillet, 1883. Le Ministre des Affaires Etrangeres a l'honneur de transmettre d'Angleterre la Note Verb. ci-jointe.
a Son
Excellence l'Ambassadeur M. CH. LACOUR, Saisit, &c.
Paris, le 16 Juillet, 1883. La note verbale que Son Excellence l'Ambassadeur d'Angleterre a Paris a bien vonlu faire parvenir de 14 de ce m9is an Ministre des affaires etrangeres de referer a une conversation que le Charge d'Affaires de Fmnce a Londres a en le 20 Juin dernier avec Son Excellence le Cte. Granville, et dans laquelle il aurait fait allusion a une entente supposee entre les Gouvts •.Fran9ais et Britanniques touchant la Nouvelle Guinee.
61 Pas plus que le Cabinet de Londres, celui de Paris n'a connaissance que la Nouvelle Guinee ait jamais fait entre les deux pays l'objet d'nn echange de vues, et l'on s'expliqu d'autant moins le malentendu qui para1t s'etre pruduit dans l'entretien sus-mentionne, que le Cte. d'Auna.y etait uniquement charge de rappeler les declarations faites en 1878 par les deux Gouvts. au sujet de l' Archipel des Nouvelles Hebrides. Si quelque doute a cet egard avait pu rester dans l'esprit des :Ministres de la Reine, il n'aurait pas manque d'etre entierement dissipe par les termes de la note que le Ch. d'Affaires de France a remise, le 10 de ce mois, a Son Excellence le Cte. Granville, et qui etait destine a etablir que les declarations de 1878 conservaient toute leur valeur a nos yeux. Les explications fournies depuis lors au Parlement Anglais nous donnent la confiance que la reponse du Gouvt. de Sa :Majeste Brita.nnique a notre derniere la communication le tardera pas a constater definitivement }'accord qui parait subsister dans les intentions des deux pays relativet. a I'Archipel des Nouvelles Hebrides.
No. 28. TBE AGENT-GENERAL FOR QuEENSLAND TO CoLONIAL OFFICE. Queensland Government Office, I Westminster Chambers, Victoria-street, London, S.W., 26th July, 1883. I have the honour to forward you the copy of a telegram I have received to-day from the Hon. Sir Thomas Mcllwraith, Premier of Queensland, for the information of tlie Right Hon. the Earl of Derby. " Can only extradite French escapees on application French authorities, hitherto they have applied but now refuse ; three escapees Noumea discharged to-day through this ; represent Minister." SIR,
THE UNDER SECRETARY OF STATE FOR THE CoLONIES.
I have, &c., (Signed) THos. ARCHER, Agent-General.
No. 32. CoLONIAL OFFICE TO
FoREIGN
OFFICE,
Sm,
Downing-street, lOth .August, 1883. I am directed by the Earl of Derby to transmit to you, to be laid before Earl Granville, a copy of a letter• from the Agent-General for Queensland, forwarding a telegram from the Premier of the colony, in which he desires that the attention of Her :Majesty's Government may be called to the refusal of the French authorities in New Caledonia to apply for the extradition of criminals who l1ave escaped from N oumea. 2. In connexion with this matter, I am to request Earl Granville's early consideration of the enclosed copy of a joint lettert from the Agents-General of New South Wales, New Zealand, Queensland, and Victoria, on the subject of New Guinea and the New Hebrides, in which it is strongly urged that measures should be taken to prevent the consequences anticipated from thR declared intention of the French Government to transport large numbers of the worst class of criminals to New Caledonia, where they would be free on arrival. 3. Considering the grave importance of this question to the welfare of the Australian Colonies, it appears to Lord Derby to be necessary to obtain immediate explanations from the French Government as to the course contemplated (1) in regard to the number of convicts proposed to be sent out and their position after arrival, and (2) the failure of the Government of New Caledonia in the cases just reported to demand the extradition of criminals whom they have permitted to escape; and Lord Derby will be glad to be enabled to assure the Government of Queensland that Her Majesty's Government has not failed to give prompt attention to the serious representation which has been made to them, and has communicated with the French Government. 4. I am also to request that Lord Granville may be reminded that in 18Rl the Queensland Legislature passed a Bill to prevent the influx of foreign and other criminals into the colony, which was the subject of correspondence between this Department and the Foreign Office. This Bill did not at that time receive Her Majesty's assent, as objection was taken to the unequal incidence of certain of its provisions; but under tbc circumstances now reported, and having regard to the contemplated increase in the number of French convicts to be transported to the Western Pacific, it appears to Lord Derby that it will not be possible to continue to resist such legislation. (Signed) THE UNDER SECRETARY OF FoREIGN OFFICE.
STATB,
* No. 23.
t
Vide Enclosure No. l toP. 772, page 21.
I am, &c., R. H. MEADE.
62 No. 35. FoREIGN OFFICE To CoLoNIAL 0FFrcl!1.
Sm,
Foreign Office, 27th August, 188S.
I am directed by Earl Granrille to transmit to you herewith, for the information of the Earl of Derby, a copy of a despatch which his Lordship has addressed to Her Majesty's Minister at Paris, instructing him to make a representation to the French Government in the sense suggested in your letter of the lOth instant, respecting the transportation of relapsed criminals from France to New Caledonia. I have, &c., THE UNDER SECRETARY OF STATE, (Signed) J. PAUNCEFOTE. COLONIAL OFFICE.
Sm,
Foreign Office, 25th August, 1883. I communicated in due course to the Colonial Office Lord Lyons' despatch of the 9th of May last, in which His Excellency reported that the " Transportation of Relapsed Criminals" Bill had passed the first reading in the French Chamber of Deputies, and tl1at New Caledonia and its dependencies were included amongst the settlements to which relapsed criminals are to be sent. The Earl of Derby has now brought under my notice, in connexion with this matter, a joint communication, annexed herewith in copy, which has been addressed to his I . . ordship by the Agents-General of New South \Vales, New Zealand, Queensland, and Victoria, and in which, inter alia, very strong representations ~~ore made with a view to the adoption of effective measures for preventing the serious consequences to be anticipated from the above~mentionml resolution of the French Government, by which large numbers of the worst class of criminals would be transported to New Caledonia, where, as it is stated, they would be free. And with further reference to this subject, his Lordship has received from the Agent-General of Queensland a letter, of which copy is also enclosed for your information, and which forwards a telegram from the Premier of the colony calling attention to the refusal of the French authorities of New Caledonia to apply for the extradi. tion of criminals who escape from Nonmea into Queensland. It is clear that this question, being one which gravely concerns the welfare of the Australian Colonies, must commaml the prompt attention of Her Majesty's Government, and I have accordingly to request that you will lose no time in placing yourself in communication with the French Government upon the subject, with a view to ascertain what is the course which they propose to pursue-in the first place, as regards the number of convicts to be sent out to the -western Pacific, and as to the position of such criminals after arrival; and, secondly, with respect to the failure of the Government of New Caledonia to demand the extradition of criminals whom they have permitted to escape in the cases pointed out in the above-mentioned telegram from the Queensland Government. I am, &c., THE HoN. F. PLUNKETT, &c., &c., &c. (Signed) GRANVILLE.
P. 1590. VICTORIA.
No. 82.
THE SEcRETARY oF STATE FoR THE CoLoNIEs To THE GovERNoR OF VICTORIA.
Downing-street, 22nd September, 1883.
MY Lmm, I have the honour to acknowledge the receipt of your despatch No. 106 of the 30th of July last, enclosing a copy of a memorandum from the Premier of Victoria respecting the Annexation of the New Hebrides and other Islands in the Pacific Ocean. The representations made in this memorandum will of course receive the fullest consideration of Her :Majesty's Government, but I observe that it was written only a few days after the date of my despatch of the 11th of ,July to the Officer administering the Government of Queensland, the full text of which, when received, will have explained the views of Her Majesty's Government in regard to New Guinea, while the letter addressed to the Agents-General of K ew South \Vales, Victoria, Queensland, and New Zealand (a copy of 'vhich is enclosed in my circular desp~ttch of the 18th instant) contains similar explanations in respect to the New Hebrides and other Islands of the \V estern Pacific. I have also received your despatch No. 95 of the 12th July, transmitting copies of an address from both Houses of the Legislature of Victoria, advocating the Annexation of New Guinea and the other Islands, and as I am informed that a meeting
63 of delegates from the Colonial Governments will assemble in November next to consider this matter, I shall wait the result of that meeting, at which the whole question ~will, no doubt, be thoroughly examined. I have, &c., DERBY.
P. 1624.
TELEGRAM. THE AGENT-GENERAL TO THE PREMIER.
London, 21st November, 1883. Ji"'rench Government proceeding Transportation Bill, now Senate Committee· Amendment affecting judicial action carried against Government, not however apparently interfering main purpose. French Government contracting new line steamers convey Government stores, convicts, Havre, Caledonia.
No. 1216.
THE PREMIER TO THE AGENT-GENERAL.
Premier's Office, Melbourne, 22nd November, 1883.
SIR,
Re Annexation and Federation.
Referring to your telegrams of the 26th of October and the 2nd of November, I have to express my gratification at the success of your efforts to induce Her Majesty's Imperial Government to authorize the representation of Fiji at the coming Convention on these subjects. This measure has an important significance, as it of course carries with it the * * * * recognition of the Convention by the Imperial Government. 2. I have to acknowledge the receipt of your letter of the 5th of October, No. 2347, enclosi~ a copy of your letter preferring certain interrogatories to the Secretary of ~tate. Your telegram of the 25th of Octo her gives (in brief) the Secretary of State's replies. The information will, no doubt, be of value in the deliberations of the Convention. 3. 'With regard to your telegram of the 16th instant, I beg to remind you that the infonnation therein contained, as to the understanding with France about the New Hebrides, had already been communicated by your letter of the 20th of August, No. 1589.
*
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*
*
*
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6. Yon will doubtless have been pleased to learn that your application, by telegmm of the 9th instant, for the co-operation of the South Australian AgentGeneral was readily granted by the Premier of South Australia-an augury, I trust, of co-operation in the Convention. 7. I enclose for your information a copy of a New South \Vales Parliamentary Paper on the subject of the Convention. 8. The \Vest Australian, South Australian, Tasmanian, and New Zealand delegates all come to Melbourne en route for Sydney. They proceed by express train from Melbourne on the afternoon of the 26th instant, and are invited by Ministers to a luncheon before starting. 9. I nttach a complete list of the delegates. The names of the New South \Vales, Fiji, and Queensland delegates I have not been officially informed of-they are taken from the newspapers. I have, &c., J AMES SERVICE, Premier. LIST OF THE DELEGATl'S TO THE lNTERCOLONIAL CONVENTION. VICTORIA.
Tl1e Honomble .Tames Service, Premier, Treasurer, and Minister of Public Instruction. The Honorable Graham Berry, Chief Secretary and Postmaster-General. The Honorable G. B. Kerferd, Attorney-General. No. 38.
I
64 t,!UEENSLAND.
The Honorahle S. W. Griflith, Q.C., Premier, Colonial Secretary, nnd Minister of Public Instruction. The Honorahle J. F. GmTick, Q.C., Postmaster-General. NEW SOUTH WALES.
The Honorable Alexr. Stuart, Premier and Colonial Secretary. The Honorable \V. B. Dalley, Q.C., Attornr-y-General. SOUTH AUSTRALIA,
The Honorable J. C. Bray, Premier and Chief Secret~try. The Honorable J. W. Downer, Q.C., Attorney-General. WEST AUSTRALIA.
The Honorable l\1alcolm Fraser, C.M.G., Colonial Secretary. NEW ZEALAND.
The Honorable Major H. A. Atkinson, Premier and Treasurer. The Honorable Fredcrick Whitaker (late Premier). TASMANIA.
The Honorable W. R. Giblin, Premier aud Attorney-General. The Honorable N .•T. Brown, Minister of Lands and Works. 1\'IJI.
The Honorable J. B. Thurston, C.M.G., Colonial Secretary.
P. 1655.
TELEGRAM.
FROM THE AGENT-GENERAL TO THE PREMIER OF VICTOIUA.-(Translated from Cipher.) London, 24th November, 1883. " Had an interview with Secretary of State for the Colonies. Agents all present. His language was very guarded; thought Her Majesty'::; Government would approve almost any form of Dominion Colonies unitedly propose ; we assuming it is prohnble that Colonial Confederation for the present limited mutual Defence protectors, Postal Union. · Transportation Scheme was discussed fully. Bell arguing forcibly against the French measure. Lord Derby had doubt about provisions being dangerous as we believed, promised further remonstrances. New Guinea.-Lord Derby alluded to previous declarations warning Foreign Powers. Asked by me, supposing Colonies undertake to share necessary expenses, would you forthwith declare Protectorate ? Declined positive answer; admitted New Guinea most pressing. New Hebrides.-Declared they \vere hound French arrangement, always excepting the convict::;. A::; to the other Islands, he would say nothing as yet. Inform other Governments." R MuRRAY SMITH. (Signed)
THE PREMIER Ob' VICTORIA TO THE PHEMIERS OH COLONIAL SECHET ARIES OF THE AUSTUALASIAN COLONIES. No. 1263. Premier's Office, Melbourne, 29th November, 1883. Sm, I have the honour to forward to you herewith, for your information, an extract from a telegram received from the Agent-General for Victoria, dated 24th November, su:\eot:- . 1883, reporting the latest interview between the Right Honorable the Secretary of .,. .,n;~ Action. State for the Colonies and the several Australasian Agents-GeneraL I have, &c., J.AMES SERVICE,
Premier.
65
P. 1681.
TELEGRAM. FROM THE AGENT-GENERAL TO THE PREMIER.-(Cipher.) London, 28th November, 1883.
French convicts.-Inquiry has been made special authority, same as previously. Bill is still under consideration of the Special Committee of the House ; has to be discussed general meeting French Senate in a month referred to the Deputies; may be expected adopt amendment; will then become law. Colonial Confederation.-Wish to submit to your consideration idea of the Dominion Privy Council which was suggested here, approved by a reliable authority having influence, composed as follows :-Governors, Imperial Commissioner, certain Ministers for each Cabinet, certain number delegates each of the Legislatures, an annual Assembly held at the capital of each Colony, local Governor presiding.
P. 1746.
THE AGENT-GENERAL TO THE PREMIER.
2604/83.
8 Victoria Chambers, Westminster, 2nd November, 1883.
Sm, With reference to my letter of the 5th ultimo, No. 2347, in which I enclosed a copy of a despatch which I had on the same day addressed to the Secretary of State, I have the honour to enclose a copy of His Lordship's reply, the substance of which I have already comn1unicated to you by telegraph. I have felt much satisfaction in communicating Lord Derby's reply to the questions which you instructed me to propose to His Lordship, couched as that reply is in terms which at last adequately recognise the deep interest taken by our Government in the large affair to be considered at the coming Conference in Sydney, and which point to a practical arrangement of those affairs. II. I have communicated a copy of this despatch to the other Agents-General, and I propose to ask permission to make it public, feeling persuaded that its publication will considerably influence the opinion of this country, which already, as you: no doubt observe, tends strongly to support the Australasian Colonies in their disposition to confederate, and to combine the Australasian Islands in an Australasian Dominion. Ill. Private intelligence, as I have stated to you in the telegraphic despatch above referred to, leads me to hope that the French Government may, at its last stage, abandon the measure for the wholesale deportation of their worst criminals to the Pacific, and I have not failed to make due representations on this subject. IV. Immediately on receiving your despatch of the lOth of September, No. 586, instructing me to move the Colonial Office to authorize the Government of Fiji to take part in the Sydney Conference, I placed myself in communication with that department, and I received last evening a letter from Sir Robert Herbert, informing me that Lord Derby had telegraphed instructing Mr. Thurston to attend the Conference if practicable. I have telegraphed to you to the same effect. I have, &c., RonT. MunRAY SMITH. P.S.-I enclose a copy of an article from the Times newspaper of yesterday, strongly supporting the new departure, as it is phrased, of the Colonies towards Confederation, and of a letter which I addressed to the editor in consequence, asking him to publish your despatch to the other Australasian Governments on the subject, which accordingly appears in to-day's issue of that journal. I may add to these a copy of a resolution also published in to-day's papers, in which the Glasgow Chamber of Commerce cordially supports the action of the Colonies on grounds both sound in principle and gratifying to the Ministers engaged in the arduous task;.-R,M.S, THE HONORABLE THE PREMIER, MELBOURNE.
66 Downing-street, 22nd October, 1883.
(COPY.)
SIR,
I am directed by the Earl of Derby to acknowledge the receipt of your letter of the 5th instant, in which, at the request of the Government of Victoria, His Lordship is invited to state more fully the views of Her Majesty'ti Government on certain questions connected with the subject of the prO]lOsed Annexation of various Islands in the \Vestern Pacific Ocean. You ask (1) on what general conditions Her Majesty's Government would be preparerl to assent to the Annexation of the Islands in question. (2.) If the Australian Colonies were to become Confederated, would the Annexation of the Islands be allowed, or would it be allowed on the simple agreement of the Colonies concerned to provide for the expense of the proceeding? (3.) Can an estimate be given of the expense the measures indicated at the conclusion of Lord Derby's despatch to the Officer Administering the Government of Queensland of the llth of July last. In reply to the first of these questions, I am to observe that it was explained in the letter addressed on the 31st of August last to you, and other Agents-General, that there are obstacles to the Annexation by Great Britain of some of the Western Pacific Islands, and that with regard to others Her Majesty's Government are not of opinion that their Annexation, with all its attendant expenses and responsibilities, is necessary at the present time. Her Majesty's Government will, of course, be prepared to give their best consideration to the views of the Australian Governments, after those Governments have more fully considered the whole subject at the approaching Conference, but it is obvious that Her Majesty's Government are not now in a position to define any conditions on which they will be prepared to assent to Annexation. (2.) If the Colonies should decide, either upon Confederation or upon united action in regard to this particular question, there would undoubtedly be much less difficulty than at present in arranging for the transfer to them of the obligations of this connt.ry in respect of neighbuuring native communities, but it is not possible to say, without full consideration of the manner in which the Confetlemtcd Colonies would propose to discharge their obligations, whether Annexation could be agreed to. If the Colonies, at the approaching Conference, decide that the Annexation of some of the isll\nd8 is desirable, Her i\lnjeoty's Government would be willing to discuss all details fully with the Ageuts-Genend, or other Colonial representatives, and to consider whether, and how far, Annexation would be justifiable and practicable. (3.) With respect to the last point raised in your letter, it does not ttppear to Lord Derby to be possible to give an approximate estimate of the probable cost of strengthening the staff of the High Commissioner on the coast of New Guinea, as proposed in the last paragraph of His Lordship's despatch to the Governor of Queensland of the 11th of ,July. If the authority and protection of the High Commissioner is to be effectively extended over other important islands or groups of islands, as well as over the coasts of New Guinea, a considerable number of officers, with adequate provision for their safet.y, and for means of enabling them to communicate with eome Australasian Colony, would have to be maintained. The cost of such arrangements could hardly fail to amount to some thousands of pounds annually, even if the area to be supervised were limited, but it is feared that any attempt to state it more precisely might tend to mislead. I am, &c., (Sd.) JoHN BRAMsTON. THE AGENT-GENERAL FOR VICTORIA.
"TIMEs,''
2ND
NovEMBER, 1883.
THE AUSTRALASIAN CONFERENCE. TO THE EDITOR O.I.' THE " TIMES."
SIR, Permit me to enclose herewith for your perusal a copy of the circular issued by the Victorian Premier, Mr. Service, convening an Assembly of Delegates from the various Australasian Colonies for the 25th of November. This circular, you will perceive, proposes that the Assembly should discuss, not only the question of New Guinea and the I>acific Islands, but also " the basis on which a Federal Government could be constituted.'' Your friendly wish that the first Conference may succeed in its immediate and final purposes will, I trust, be speedily realized. I am, Sir, Your obedient servant, RoBERT 1\IuRRAY SMITH.
8 Victoria Chambers, Victoria-street, S.W., 1st November.
Premier's Office, Melbourne, 25th August, 1883. With reference to Sir Thomas Mcilwraith's circular letter, enclosing a minute of the Exeeutive Council of Queensland, in which it is proposed that some concerted action should be taken consequent on the refusal of the Imperial Government to annex New Guinea, and that a Convention of Delegates from the Colonies should be held " to discuss the basis on which a Federal Government could be constituted,'' I have the honour to inform you that, at the special request of Sir Thomas Mcllwraith, Premier of Qneensland, I have consented to act in the capacity of eonvener of the proposed Assembly of DelPgates. Having learned that all the Colonies have replied to Sir Thomas Mcllwraith's circular, I now write with a view to ascertain what date would best suit the convenience of the various Colonies ; and, as a
SIR,
67 means of eliciting this, I beg to commnnicate my own ::;uggestion, that the Convention should meet in Mol· bonrne at a period in the ensuing month, say on the 25th prox. Accordina to the information before me as to the sittings of the Parliaments in the different Colonies, this pc~iod wollld, for the convenience of the majority, be- the mo~t suitable, ut least of any period within a reasonable time. I beg also to suggest the desirability of giving this Convention a higher status than thnt of the Intercolonial Conferences hitherto held to discuss comparatively suhordinalc topics, and with this view I propose that the number of delegates should he fonr from each Colony, and that these delegates should be of as generally representative a character as possible, of course any one Colony having the option of sending a less number, if that should be more convenient. I propose sending a telegram to anticipate the arrival of this letter, in order to facilitate the despatch of an early reply. I shall be obliged if you will similarly communicate by telegraph your answer. I have the honour to be, Sir, Your most obedient servant, JAl\lES
THE HoN.
THE
PREMIER,
"DAILY NEws,"
2ND NovE~mRR,
SERVICE, Premier.
1883.
GLASGOW.-The Chamber of Commerce discussed at great length yesterday afternoon the question of the Annexation of New Guinea. The following motion in faV!>llr of Annexation was carried :-" This Chamber, recognizing the Annexation of N cw Guinea to he a q nestion of great import anee to the fntnre welfuro of the Australian Colonies, aml relying upon the wisdom anll prudence of colonial statesmen, resolves to petition Her :;\1ujcc;ty's Govcmment to give their best considerat.ion to nny Tcpresentation made to them on this subject by the Federal Council of Australian Minister,; to be held at Sydney next month."
" TIMES." Our readers will have been interested and somewhat amused hy the letters from and concerning a certain Brigadier-General Maciver which we have lately published. This gentleman, whose military rank the Foreign Office has crnelly ignored, proposes to equip an expedition for the exploration and colonization of New Guinea. Lord Derby, who naturally does not wish that an English or quasi-English explorer should emulate the achievements of the celebrated Marquis de Rays, has strongly objected to the scheme ; but its promoter declines to be put down, and announces his intention of going to New Guinea with such followers as he may succeed in inducing to accompany him. This affair, unimportant as it is, has httely served to keep the New Guine1~ question before the public mind; and in that way it has done service. For the '.:',few Guinea question is both important in itself and is likely to lead directly to results of the very highest interest. It seems destined to open a new chapter in the history of the relations between the mother country and that magnificent group of Colonies which encircles the vast Australian Continent, and which will in no long time be the means of spreading over the multitudinous Islands of the South Pacific tbe influence of the English race. No one can have forgotten the feeling of mingled admiration and astonishment with which we first heard, last spring, of the Annexation of New Guinea. The telegraph, in its laconic way, told us that the Police Magistrate of Thursday Island had subjected to the British Crown an island which measures a thousand miles from east to west. The Queensland Government l1ad willed it, and the deed had been done. In dread of the proceedings of France, which was thought, with good reason, to be looking about for fresh sites for penal settlements ; and of Germany, whose journals talked of a Colonial Empire, the Queenslanders had decided to act with promptitude, and they had sent an official to seize New Guinea. Then, as our readers will recollect, followed the action of the British Go>ernment. With ju~t caution, the Colonial Office hesitated to accept an act which was both irregular and hasty, which interfered with the rights of the mother country, and which might lead to great outlay and all kinds of diplomatic inconvenience. The act of the Queenslanders, however, was supported by different Au~tralian Legislatures, which one after another passed resolutions in favour of Annexat.ion ; for one and all were and are influenced by the most lively anxiety as to the action of the French, and by a resolve not to permit their country to be exposed to the danger of criminnl contamination. The Agents-General entered into active communication with the Colonial Office, and on Jnly l l Lord Derby wrote a despatch to the Govemor of Qneensland giving the views of the Go\'erument on the whole question. This despatch was not, as it has been often represented, a prohibition of the scheme. It declined to assent to the action of Queensland, hut it more than hinted that if the geneml opinion of all the Colonies was in favour of it, a different view might come to be taken at home. "I trust," said Lord Derby, "that the time is not now distant when, in respect of such questions (if not for other purposes of government), the Australasian Colonies will effectively combine together, and provide the cost of carrying out any policy which after mature consideration they may unite in recommending, and which aft.er mature consideration Her :Majesty's Government rnay think it right and expedient to adopt.'' It is plain that this suggestion might lead to results of the greatest importance to the Colonies and to ourselves, and a decision to take action upon it is a fact of which it is not easy to exaggerate the significance. W c are ahlc to announce that the Agents-General of the AnRtralasian Colonies have notified to the Colonial Office that such a deei~ion lms been tnhn, and that :t Conf(:JTIICC of all the Colonies i,; to be held at Sydney about the thinl week of the prc;;ont month. The bnsiuess will be of various kind,;, hut it will probably be formally confined to the proposals to be made to the Home Govermnont as to the protectorate to be exercised over the different islands lying within the range of Australian influence. As
68 far as we can gather, it is not intended ou the present occasion to introduce the general question of Con· federation, though it may well be supposed that, at this first meeting of delegates from all the Colonies, a matter of such vital interest to them all will not be absent from the minds or from the conversation of the members. A Conference of Delegates is too much like a Parliament for the membeJ'R of it uot to occupy themselves with the thought of how, iu the near future, a Confederation Parliament can best be brought togetl1or. But this is not the immediate matter in hand, which will, we understand, be the formation, with the consent and goodwill of the British Government, of a combination of Austmlnsian Colonies for dealing with the vast domains, as yet unappropriated by civilized States, which lie in that region of the globe. Of the three branches into which the discussion will naturally divide itself, the first will, of course, be the question of New Gninea, and here, we believe, it will be proposed that the Colonies shall jointly annex the eastern portion of New Guinea-the part west of longitude 140 dog. being left, in accordance with the diplomatic fiction whieh has long prevailed, to Holland. The details of the :;cheme are not formulated as yet, but it is understood that Australia will pay the whole expenses of administration, and that while the sovereignty will, of course, reside in the Crown, a Govcruor will be appointed either by the Colonies or with their concurrence. A~smning that the Conference decides upon a plan of this kind, onr Government is disposed to accept it, with the idea that for some time to come the operat.ion of the measure will be confined to the coast, as of course it will. ':'he second matter which 'will occupy the Conference will be the status of the Pacific Islands in general, in their relation to Great Britain. At preseut, as all know, our relations with the various groups of blands-Frientlly, Rolomon, Cook'~, and the rest-is quite undefined. The Governor of Fiji acts as High Commissioner of the ·wcstern Pacific, with jurisdiction over all British subjects, but with no authority whatever to bring to justice an offending Frenchman, Dutchman, or Spaniard. Those who have followed the course of events in the Pacific will easily understand that Anstralian opinion pronounces this system a failmc, since the High Commissioner is powerless against any one who chooses to act under a foreign flag. He mnst ha-re more power if he is to continue to exist, and the Conference will draw up a scheme for extending a more efficient British protc~tion to these islands, and a more watchful control over what is called the " labour traffic.'' The third and by no means the least delicate question is that which relates to the ~ ew Hebrides Group, which are situated at about a thousand miles' distance from Queensland, midway between New Caledonia and Fiji. Since 1878 these islands have been the object of a special understanding between ourselves and the French Government, under whieh their independence has been recognised by both countries. But for some time past the anxious attention of the Australian Colonic:; has been turned in this direction, especially because, in the debaic in the French Chamber last :May, it was boldly proposed to include the New Hebrides among the plnees to >Yhich the French recidivistes, or habitual eriminale, were to be sent ; men, as the reporter of the Bill described them, ''dangerous, steeped in vice, worn out with debauchery, and stained with every crime." ~foreovcr, though !<'ranee has not openly annexed thc!'e islands, a French joint-stock company has been formed for their e.,;p/oitation, to which the attention of the l<'rench Government has been officially ealled by Lord Lyons. The French Foreign Office answered, as might have been expected, that the company was a private one with which it could not interfere; but, considering what the relntions between French trading companies and the Government haYe been in past times, Australia is not likely to be misled by such an answer. The third topic on which the Sydney Conference will decide, then, is what is to be done with the New Hebrides, and there is little doubt that our Government will be invited to take strenuous measures with a view of securing this important group from foreign occupation. The important lettel' of the Agents-General to Lord Derby, dated July 21, and published in the Parliamentary Paper entitled" 'Vestern Pacific Islands," may be studied with advantage by all who wonld understand the seriousness of this particular question. 'Vith regard to it and all the others connected with it, and, indeed, to Australian and Colonial policy in general, we cannot refrain from cxpres,ing our satisfaction at the "new departure'' which the colonists are taking. Their action will, we are convinced, be gcnemlly approved by all political parties in this country, as well as by the Government itself, which, whatever may have been said and thought by hasty critics, baA never discouraged and wished to thwart any general and well-eonsidered plan in which the Australian Colonies were agreed. The first Conference marks an epoch in the lJistory of Australia and of its relations to ourselves. We trust it may succeed both in its imme(liate purpose and in knitting the Colonies more firmly together. For the closer the union between the Colonies, the closer, we are persuaded, will be the links whieh will bind them to the mother country, ltnd the stronger will the Empire he.
P. 1869. 2747/83. Sm,
THE AGENT-GENERAL TO THE PREMIER.
8 Victoria Chambers, "\Vestminster, 16th November, 1883.
I have the honour to acknowledge the receipt of your despatch of the 24th of September, No. 673, on the subject of the Pacific Islands, with its enclosures. In compliance ~with your instructions, I have lost no time in conveying to the Colonial Office the views which it expresses on behalf of your Government. Yesterday I had by appointment a long conversation with Sir Rohert Herbert, and read to him the principal passages of your despatch. I propose further to address Lord Derby by letter on the subject. II. I have obtained from the Colonial Office and telegraphed to you in cipher, in accordance with your instructions, the substance of the correspondence which
69 passed between the French and English Governments in regard to the New Hebrides in 1878, and I enclose the copy of the text supplied to me. Your attention has been already directed to the further correspondence on this subject in July and August last, published in ParliamentaTy Paper (C. 3814). Ill. The Agents-General for South Australia, New South \Vales, New Zealand, and Queensland will meet at this Office this evening for the purpose of taking counsel on the present state of affairs. I am very glad that, through your intervention, the Agent-General for South Australia has been enabled again to attend our Conference. I have the honour to he, Sir, Your most obedient servant, RonT. MuRRAY SMITH.
THE HoNonABLE THE PREMIER, MELBOURNE.
8 Victoria Chambers, Westminster, S.W., 17th Kovember, 1883. MY
Lmm,
I have been authorized by a Conference of the Agents-General for South Australia, New South Wales, New Zealand, and Queensland, held yesterday at this Office, to request you to give us an interview at as early a date ss may be convenient, having reference to the time of meeting of the Convention of Australasian Governments at Sydney, to which we desire to telegraph the purport of our communication with Your Lordship. I have, &c., THE RIGHT HoNORABLE (Sgd.) HonT. MunRAY SMITH. THE EARL OF DERBY.
Colonial Office, S. W., 22nd November, 1883.
(COPY.)
Sm, I am directed by the Earl of Derby to inform yon, in reply to your letter of the 17th instant, that he will have pleasure in receiving you, together with the Agents-General for South Australia, New South Wales, New Zealand, and Queensland, to-morrow (Friday), at three o'clock. I am, &c, THE AGENT-GENERAL (Sgd.) R. L. ANTROBUS. FOR VICTORIA.
(Enclosure.) No. 1. FoREIG~
OFFICE To CoLONIAL OFFICE.
SIR,
Foreign Office, 1st .February, 1878. I am directed by the Earl of Derby to transmit to you herewith, to be laid before Her J\lajesty's Secretary of State for the Colonies, a copy of a communication received from the French Ambassador at this Court, calling attention to certain articles which ha,·e recently appeared in the Australian newspapers ad vacating the Annexation of the islands of the New Hebrides to the British Crown, and stating that, although the French Government do not attach any great importance to this moYement in favour of Annexation, still, as they themselves have no intentions with regard to this group, thl'y would be glad to rccci vc an assurance to this effect from Her Majesty's Government. I am now to state that Lord Derby proposes, with the concurrence of Her Majesty's Secretary of State for the Colonies, to inform the E'rench Ambassador, in reply to His Excellency's conunnnication, that Her Majesty's Government have no intention of proposing any measures to Parliament with a view of changing the condition of independence which the New Hebrides Islands now enjoy. I am, &c., THE UNDER SECRETARY OF STATE, (Signed) T. V. LIRTER. CoLONIAL OFFICE. ( Enclos~tre in No. 1.) M. LE CoMTE, 1\mbnssade de France, le 18 1878. Il s'est etabli entre l'ilc de la Nouvellc Calcdonie et le groupe des Nouvellcs Hebrides des rapports d'ordre commercial qui se sont rapidement developpcs en raison de !cur voisinage et qui pn:•sentent pour la prosperite de notre etablissement Colonial une importance considerable. Mon Gouvernement qui attache beaucoup de prix a ce que ces relations continuent sur le meme pied se preoccupe dans une certaine mesure d'un mouvement d'opinion qui se serait prodnit en Australie dans ce dernier
70 temps. Les jonrnaux do cc pays aurai0nt dcuoue !'intention qu'ils attrilment i1 la France de reunir les Nouvelles Hebrides a SOS pos~essions et demanderaient qu'afin de prevenir cettc cn:ntualite 1' Archipel dont il s'agit filt place sous la sotwerainete Llo la Couronne d'Angll'terre. Sans attncher :\ ce monvl'ment Lle !'opinion U!le tres-granllc importanet>, mon Gonvcmcmcnt tient tontcfnis dL;.clarer que pour cc qui le conceme il n'a pns le projet de porter attcintfl i1 l'indepcndance des N ouvelles Hebrides et il sera it heurcux de Stwoir que de son cote le Gouvcrnemcnt de M. est egalerncnt dispose it la respecter. V cuillez, &c., S. E. LE Co>ITI' DE DEunv, (Se.) D'HAncounT. &c., &c., &c.
s.
No. 2. CoLO~IAL
OFFICE TO FonEIGN OFFICE. Downing-street, 20th February, 1878. In reply to your letter of tl10 1st instant,* I am directed by the Secretary of State for the Colonies to acquaint you that he concurs ia the terms of the reply which the Earl of Derby proposes to give to the inquiry of the French Ambassador at this Court, with reference to the intentions of Her Majesty's Government in respect of the New Hebrides Group. I am, &c., (Signed) W. R. l!'L~LCOLllr. THE lhmEn SECRETARY OF STATE, FonEro~ 0FI<'ICE.
Sm,
No. 3. THE RIGHT Ho~. Sm 1YI, E. HicKs BEACH, BART., TO THE Go\'EnNons OF THE Ac:sTHALIAN CoLoNIEs, FIJI, 'l'As:>.rA~IA, A~D NEw ZEAI"AND. (Circular.) Downing-street, 28th .February, 1878.
Srn, I have the honour to transmit to you, for your information (mllt for that of your Gon'rnmentt), a copy of a letter+ from the I<'oreigu Office, enclosing a conununication which has been l'cceived from the Frencl1 Ambassador at this Court, with reference to the intentions of Her Maj0sty's Gov0rnrnent in respect of the New Hebrides Group, together with a copy of the reply§ which I caused to be addressed to the Foreign Office. I have, &c., (Signed) M. E. HicKs BEACH,
P. 84/57.
THE AGENT-GENERAL TO THE PREMIER.
8 Victoria Chambers, 'Westminster, 30th November, 1883.
2861/83.
SIR,
In continuation of my letter of the 16th instant, No. 27 47, I have the honour to inform you that the meeting referred to in its concluding paragraph was held at this Office on thnt evening, and was attended by the Agents-General for South Australia, New South '\\Tales, New Zealand, and Queensland. After an interchange of views, which showed that we were in good general accord, it was decided that 1ve should request the Secretary of State to grant us an interview ; and I wa:-; asked to communicate with him on the subject. I enclose a copy of my letter to Lord Derby and of his Private Secretary's reply. IL We accordingly attended at the Colonial Ofiice on the afternoon of the 23nl instant. At the desire of my colleagues I first addressed Ilis Lordship, and expressed to him-following as nearly as possible the tPrms of your late despatch, and having reg·ard to the approaehing Convention at Sydney-the natural desire of your Government, and of the Colonies in general, to know on what tel'lns Confederation, with the accompanying assumption of Her Majesty)s obligations in reg·ard to neighbouring native races, whether by Protectorate or Annexation, would be sanctioned and supported by the Imperial Government. I assumed, and throughout the course of the interview it was Hssumed, that, for the present at least, Confederation would probably amount to a cormnon union in the form of dominion for the purposes of mutual defence, the Protectorate of such Australasian Islands as it might be considered advisable by the assemhled Governments to include within the boundaries of the Dominion, and perhaps such further purposes as a Postal Union. III. As I have already informed you in my telegraphic despatch of the following day Lord Derhv's l:uwuao·e was throno·hout the interview exceedino-lv
t To responsible Colonies only.
:t No.
I.
§No. 2.
71 on this point he said that he had no doubt that Her .Majesty's Goyernment would approve almost any form of Confetleration which the Governments of the assembled Colonies might unitedly propose. IV. The discussion then pa.-;:.;cd to the subject d' the unoccnpicd Australasian Islands, the danger to which they \Yere expo:Jcd of Foreign Annexation, menacing for military reasons, or obnoxious on account of convict Hettlcment. Sir Francis Dillon Bell urged with great force and complete knowledge of the subject the imminent and odious clanger which the Colonies incurred from the obvious determination with which the French transportation scheme was being pressed through the Chambers. Upon this point, Lord Derby, while promising that further remonstrances slwuhl be addressed to the French Government through the Foreign Office, expressctl hi:~ own doubt whether the perils resulting from the measure were r;o great as were contemplated hy Sir Francis Bell-His Lordship's view being that the condct:,; would be kept nnuer surveillance, and were not likel)': therefore, to become such a nuisance and danger to the Colonies as we apprehend. -:\Ir. Archer at tllis point interpo~cd the pertiucnt observation that, within a comparatively brief period of time, his Goycrnment had returned to the Government of New Caledonia no lesb tlmn fifty-five bcnpec:-<, and that in the last notorious case the ndministration of the French Island had absolutelv refused to apply for the extradition of three daugerou;-; criminals, who were therefo1~e obliged to he set at large in the Colony. V. This naturally led to a discussion of the question of New Guinea. Having in mind the letter addressed to the Administrator of Queensland last summer in which Lord Derby referred to the cost of annexing that Island, we pressed him to state whether in the event of the Colonies agreeing to r;lu1l'e the charge of sueh ::tu operation, in regard not merely to New Guinea hut to other Islands, he would be prepared to assent ? But he declined to give any positive answer. Pressed by me to ~;tate, whether even as regards New Guint>a, or the Colonies agreeing to contribute, sav, ten thour;and pounds a~mwlly ( \Vhich I h~d reason to helie~~e wn~~ the estimated cl(arge), he would then agree to declare eveu New Guinea under Proteetornte, he :-;till declined to give any certain assurance. At the same time he admitted that the question of New Guinea was by far the most pressing, and claimed that Her Majesty's Government had, by action taken in the course of this year, effectually 'Yarned Foreign Powers against attempting to occupy the island. VI. As to theN ew Hebrides, he st~1ted that Her Mnjesty's Government ndhered to the agreement made with the French Government in 1878 and renewed this year, that the independence of those Islands should be respected by both the Powers, but added that the agreement in no way contemplated such complications as might arise in connexion with the French Transportation Scheme. As to the other Islamls, he declined to pledge himself beforehand in any way, adhering in fact to the line already taken in Mr. Bramston's letter in reply to mine of the 5th ultimo. VII. In compliance with the request of the other Agents-General, I prepared. and forwarded to you the account of the interview contained in my teleg-raphic despatch, of which I enclose a copy. I have the honour to be, Sir, Your most obedient servant,
RouT.
THE HoNoRABLE
:MunRAY S:iUTn.
THE PREMIER, MELBOURNE.
P. 84/56.
THE AGENT-GENEltAL TO THE PHE~UEH.
2873/83.
Victoria Chambers, ·Westminster, 30th ~oYember, 1883.
Sm, I have already informed you in my letter No. 2861, of this day's date, that in the course of the interview of the Agents-General with the Soeretarv of State on the 23rd iust., Sir Franeis Dillon Bell for~·.ibly opposed the view of Lurd Derby, who see111ed to think that we tended in some degree to exaggerate the evil consequences which might No. 38,
u:
72
be anticipated from the passing into law of the French scheme for the transportation of habitual criminals. Lord Derby seemed to believe that, under that measure, provision was or would be made for the retention of the transported criminals, if not in a state of penal servitude, at least under a somewhat strict surveillance. Sir .'Francis Bell contended, referring to the text of the Bill and the debate in the French Chamber of Deputies, that no such restraint was really contemplated. I have since been informed by Sir Francis that he has addressed a despatch to the Secretary of State on the subject, re-affirming and demonstrating, by detailed proofs, the argument he had advanced. At this stage of the discussion it occurred to me that it was desirable, and indeed incumbent upon us, to endeavour to ascertain what was the line of defence or explanation adopted by the French Government towards the Foreign Oflicc. You will remember that in the last Parliamentary paper published on the question (of which I enclosed a copy in my letter of the 19th ult., No. 2465), there is a letter dated lOth August, from the Hon. H. H. )feade, in which, by Lord Derby's direction, he urges upon Lord Granville the necessity of obtaining from the French Government immediate explanations in reference both to recent complaints of the Queensland Government and to the allegations contained in the joint letter of the Agents-General, then recently presented. In the same paper there is a letter dated a fortnight later (25th August), from Lord Granville to the Hon.}'. Plunkett, Charge d'Affaires at Paris, instructing him to lose no time in placing himself in communication with the }~rench Government on the subject. Assuming that some definite and categorical reply must have been received by the Foreign Office in the interval, and that, as diplomatic action in the case had taken place at the instance of the AgentsGeneral, we had some title to be acquainted with its results, I decided upon addressing the letter of which I subjoin a copy to Lord Derhy, and to which I hope to receive a reply in time to telegraph its subtance to you during the sittings of the Conference. I have the honour to be, Sir, Your most obedient servant,
HOBT. MURRAY
SMITH.
THE HoN. THE PREMIER, MELBOURNE.
( Enclo8'1~re.) 8 Victoria Chambers, Westminster, S.W., 29th Novembm·, 1883.
No. 2808/83. ~1Y
Lmm, With reference to Mr. Meade's letter to the I<"oreign Office, of the lOth of August (Parliamentary Paper C. 3814, No. 32), and to Lord Granville's subsequent despatch to Her Majesty's Embassy at Paris (No. 35), communicating a copy of the joint letter of the Australasian Agents-General to Your Lordship, I have the honour to request, for the information of my Government, communication of the reply of the :French Government to the representation which Mr. Pluukett was instructed to lose no time in laying before t.hem on the number and position, after arrival, of the convicts to be sent to the W cstern Pacific, and on the failure of the Government of New Caledonia to demand the extradition of the criminals whom they had lately permitted to escape. More than three months have elapsed since the despatch of Lord Granville to which I have referred was written, and inquiries which I have made lead me to believe that, not merely is the :French Government pressing forward the scheme of transportation from whieh the Colonies apprehend snch unhappy results, but tlutt a new serviee from Havre to Noumea has been specially chartered in connexion with it. I shall be glad, for obvious reasons, to be able to inform my Government, during the meeting of the Convention at Sydney, what may have been the reply of the Freneh Government to the representations made by Mr. Plunkett, in reference to which Mr. Meade wrote that Your Lordship felt it to be necessary to obtain immediate e;,rplanations from that Government. I have, &c., (Signed) RonT. MuRRAY SMITH. '.rHE RIGHT HoN. THE EARL OF DERBY.
P. 84/58. 2870/83.
THE AGENT-GENERAL TO TIIE PnEMIEH.
Victoria Chambers, lVestminster, 30th November, 1883.
Sm, '\Vith reference to my letter of this day's date, No. 2861, I have the honour to enclose a copy of that part of my telegraphic despatch to you of the 26th instant which continues, after the '\vords "Following message is confidential ;" and I desire
73 at the same time to explain the motives which urged me to submit the views therein expressed for your consideration. II. At the meeting of the Agents-General held previous to our interview 1vith the Secretary of State, I found that the Agents-General for South Australia and New South Wales were disposed to interpret their instructions in the sense of merely transmitting such information, suggestions, or opinions as might be elicited from Lord Derby in the course of conversation with him. I was, on the other hand, disposed to think that we should best fulfil our duty by advising, if possible jointly, our respective Governments as to the plan of Confederation and Protectorate most likely, in our judoment, to be well accepted by, not merely the Govermnent, but the Opposition and ParTiament as a whole ; and by public opinion which in the first and last resort governs this country. I had, as you may suppose, naturally taken some pains to discuss the subject with persons of various dasses and conditions, some of them being of authority and experience in the service of the State, and some specially well acquainted with the spirit and tendencies of opinion in this country. So, no doubt, had the other Agents-General. And I thought that, whether the views so formed should he accepted or rejected by our respective Governments and by the Convention, a statement of them could hardly fail to be suggestive and useful. I believe that the Agents-General for New Zealand and Queensland would have cordially concurred in such a representation; but I felt that, if it did not emanate from the whole body, it might do harm, perhaps, instead of good. IlL I felt sure, however, that you at least would not misapprehend my motives in stating to you, on the eve of your entering Convention, the general result of my own inquiries in official and in general cireles here ; and, in now transmitting the translated despatch to you, I would merely add that, while I have little doubt, as Lord Derby admitted, any form of Confederation which the Colonies may unitedly propose will probably he accepted by the Imperial Government, yet the particular form, and the steps referred to in that and in my subsequent telegraphic despatch, would, I believe, be recognized by opinion here, as the most statesmanlike and sufficient for the occasion and the necessities of the time, and the best calculated to combine the necessary elements of unity and independence. I have the honour to be, Sir, Your most obedient servant, RonT. MuRRAY SMITH.
Corn~s oF TELEGRAMS REFERRED TO IN AccOMPANYING LETTER.
(Sent 26th November, 1883.) "Believe at the present moment you may wish to know my opinion best that can be done. Formation Colonial Confederation most essential, otherwise Lord Derby will do nothing. Offer Colonial Confederation guarantee two-thirds cost, believe immediate success as to New Guinea, and the others by degrees. 1Ve have reason to believe ten thousand is enough New Guinea. French Bill regard position. It is most serious. Repressive measures against escaped convicts is obviously the only course. Have discovered French Government time of Thiers admitted could not object the Australian Colonies take what measures precautionary are necessary. The demand of :Protectorate of all the Islands politic, because possibly Foreign Powers take every advantage if any are omitted."
No. 1403.
TnE PREMIER TO THE AGENT-GENERAL.
Premier's Office, Melbourne, 20th December, 1883. Sm, I beg to draw your attention to a paragraph in the A1·gus newspaper of this day respecting French convicts in New Caledonia, which demonstrates only too plainly how real is the evil of Freneb transportation, against which we have from time to time protested.
74 Tl1e pnragrnpl1, you ""ill ohserve, a1mounees the arrival at Noumea of a fresh hatch of 87:3 conYict:-;. It appears tlmt the majority of these are criminals of deepest dye, includingB3 transported for assas,;ination. 18 , , murder. 24 , , volunlnry homicide.
21 tmnsporteu for arson. 9 , , stabbing and wounding. 18 , , criminal asanlts upon women.
The paragrapl1, which is simply a recital of facts devoid of all rhetoric, shows the revolting state of things wl1ich prevails in New Caledonia, arising out of the escape of large numbers of men of hardened and desperate character. That Australia will be the resort of these escapees is morally certain, and, in fact, the unpleasant anticipation has already commenced to be realized. The excerpt enelosed brings to mind iu a vivid way the evils that the Colony was subject to about a quarter of a century ago, from the incursion of numbers of escaped and liberated criminals from penal settlements in Tasmania and vVestern Australia. Such deeds as the Nelson gold robbery and the robbery of the armed gold escort were then rife, and were almost always traceable to transported convicts. We are now threatened with the same evil, if possible in a worse form, from French penal settlements in the Islands of the Pacific Ocean. I have to request that you will bring this under the notice of the Right Honorable the Secretary of State for the Colonies, not only with reference to our protest against the ec't'tension of French transportation to these regions, but -.vith reference to the practice: in that resp~·et already existing (t:ide Resolution No. 7 of the recent Conveution in Sydney, page 14 of Report). I purpose by the next mail to New Caledonia writing to the British Consul at Noumca to reque3t him to supply you with the Neo- Caledonien newspaper, in order that you may become acquainted with events such as those referred to in my enclosure. I have, &c., JAMES SERVICE,
Premier.
No. 84f28.
THE
P1mxmm
TO THE AGENT-GENERAL.
Premier's Office, Melbourne, 3rd January, 1884.
Sm, Your letter, No. 2465, of the 19th of October (already acknowledged) arrived during the sitting of the Convention in Sydney, and was forwarded to me there. 2. I thank you for the information it contained, which I have received with the greatest interest. 1 shall be glad if you will be so good as to forward to me a complete set of all Parliamentary Papers issued on these subjects, proceeding from C. 3691 of 1883. I would also request that you ·will obtain and forward three copies of all similar pa1wrs as from time to time issued. 3. Your letter now under notice crossed mv communication of the 24th of Sept(•mher, in ·which I dealt with the subject of the" underBtanding between England and France ahout the New Hebrides. Your snhsequeut letter, of the 16th ofNovember, however, neknow]::(lges the receipt of it; and I mn glad that the views it expresses have been laid hetore the Colonial Office. The position therein taken np by this Colony individually before) tbo Convention (see also my letter of the 22nd of November) is stronger ns regard8 the New Hebrides than that adopted hy the Convention. You will, of course, he careful to do nothing to shake the effect of the Convention's unanimity; but I am not sorry that it S() happened that the bolder representations of Victoria individnally, reached you, and, through you, the Colonial Office, before the Convention's Hesolatio11s. 4. \Vith regard to my letter of the 22nd of Xovemher on this subject, it is possible that you may have noticed some slight confusion therein. It refers to a letter of the 1st of February, 1883, as expressing an understanding with France on this subject,
75 and points out that it was a date prior to the receipt by the Colonial Office of the representations by the Colonies in June of that year. I was then dealing with your letter, No. 1539, of the 13th of July, in which a copy is enclosed of a letter dated "Foreign Office, 1st February, 1883," but your letter received by last mail encloses a }Jrinted paper, in which the Foreign Office letter in question is given under date of" 1st February, 1878," and this, one sees in a moment, is correct, and the date of 1st February, 1883, is, I presume, a mere copyist's error. 5. It seems then that the confirmation of the understanding was given after it was known that these Colonies \vere deeply interested in the Islands. Under these circumstances, I cannot help expressing my regret that so important a step should have been taken without reference (which might have been made confidentially) to the Australian Governments. Not to consult those Governments, when they had expressed such strong views, certainly bears the appearance of either a serious oversight or a want of consideration for the feelings of the Colonies. I prefer to think the former, and I should be pleased to receive an assurance to that effect. 6. Referring to the paragraphs m. and IV. ofyour letter ofthe 19th ofOctober, I note with pleasure, as you justly point out, that the efficient representations made by yourself and the other Agents-General in concert are bearing fruit in practical results. I have, &c., (Signed)
J AMES SERVICE, Premier.
--~-----··-~·--
P. 84/127. 2951/83. SIR,
THE AGENT-GENERAL TO THE PREMIER. 8 Victoria Chambers, Westminster, 7th December, 1883.
I have much pleasure in advising that the Resolutions arrived at by the Australasian Conference now sitting at Sydney have been received here with a very decided expression of approvaL You will perceive by enclosed extract that public opinion is not apparently moved by any party spirit in commenting on these proceedings, and that papers of such opposing views as the Pall J.lfall Gazette, St. .lames's Gazette, and Standard, in addition to the Times, have wished success to your movement in the direction of an Australasian Dominion. I trust I shall be able shortly to forward other evidences of the good-will exhibited by the English public, which cannot fail to have an effect on the deliberations of the Imperial Government. I have the honour to be, Sir, Your most obedient servant,
RonT. MuRRAY SMITH.
"PALL MALL GAZETTE," 7Tu DECEliBim,
1883.
Mr. Childers' reference yesterday to the JemanJs of the Australasian English for the maintenanre and extension of English interests in the Pacific was sympathetic-as becomes the utterances of a Minister who served his political apprenticeship in an Australian Colony:-'' I myself have every hope that the Conference now sitting at Sydney will arrive at resolutions which, under the guidance of so far-seeino- and prudent a Minister as Lord Derby, will result both in the firmer union of the Colonies themselves, and in a well-considered development of our influence and commerce in those dist;mt seas. I admit that premature enlargements of tPrritory are mischievous, and some proposals in this respect may have been cxtrayagant. But· England's Colonial Empire mu;;t expand; and one of the best proofs of statesmanship is the wise regnlation and guidance of that expansion.'' There is the 1·ight, tone about that declaration, and if Mr. Childers can infuse a little of thal. spirit into his "far-seeing and prudent" colleague at the Colonial Office, he will do good service alike to those among whom be spent his early days and to the Government of which he is a member.
16 P. 84/128.
THE AGENT·GENEHAL TO THE PREMIER.
Victoria Chambers, 'Vestminster, 7th December, 1883. Sm, Referring to my despatches of the 30th ultimo, No. 2861 and 2870, on the various questions connected with the ·Federation of the Australasian Colonies, you will note that, at the interview of the Agents-General with Lord Derby on the 23rd, Sir F. Dillon Bell undertook to lay before His Lordship satis£'lctory proof..<; of the intention of the French authorities to treat their criminals deported under the provisions of the Recidiviste Bill as absolutely free on arrival in the Colony. These proofs were embodied by Sir Francis in a despatch, copy of which I enclose herewith, and which at any rate shows that, however formally the French Government may profess to confine these criminals within the limits of the Colony to which they are assigned, it is impossible, and indeed can scarcely be said to be contemplated, that such confinement can be made effectual. No provision is made for guarding the coast ; no funds, so far as I can discern, are assigned for supporting the convicts ; and it is evident that their presence will constitute a source of extreme danger to all neighbouring communities. Acting on this view, I have again· urged upon the Colonial Office the necessity of earnest remonstrance against the further progress of this measure (while it is yet in dubitante), and the risk which delay will occasion. As yet, the only reply which I have received to my communication of the 29th ultimo is the enclosure of a desputch from xir. Plunkett, the Charge d'Affaires at Paris, to Lord Granville, dated 21st September, 1883, and which only reuched me on the 4th instant, although it had, it appears, been handed to the Agent-General for Queensland early in October. I need make no comment upon the extremely unsatisfactory nature of this document. I have the honour to he, Sir, Your most obedient servant, THE HoNORABLE
RoBT. MuRRAY SMITH.
THE PREMIER, MELBOURNE.
(Eroclo~ure
No. 1.) 7 Westminster Chambers, 30th November, 1883.
SIR, When the Earl of Derby received the Agents-General a few days ago, His Lordship desired me to lay before him in writing the grounds on which we had ventured to urge that renewed remonstrances should be addressed to the French Government with respect to the Recidiviste Bill, before that measure reaches a further stage in the Senate. I understood Lord Derby to say that he desired to have further evidence of the correctness of my statement, that the recidivistes would be free on their arrival in the colony to which they might be sent as the tet·ms of the Bill appeared to him to provide for theit· permanent confinement ( internement perpetuet) within the colony. I beg therefore to make the following explanation. When the Bill was before the Chamber of Deputies, a remarkable incident occurred. The first clause of the Bill had declared, as the amended Bill does now, that the criminals should be confined within the territory of the colony (hb relegation consiste1·a dans l'internement perpetnel s1~r le territof.re des colonies m~ possessions ]t'ran9aises). But elausc IG (now 15) provided that permission might be given by the colonial authorities to the relegnes to leave the colony il po;~rra etre accorde par l'autorite administ-rative, des attl01"isations e;:cceptionelles de sm·tir des ten·itoires de la relegation), such leave not extending beyond six months; aud the next clause provided that any relCguc who should be convicted of running away (tout 1·ele convaincu cl'evasion on de tentatiDe d'evasion hors des territoires de la relegation) should be liable to punishment. These clauses passed the Chamber without amemlment. ·when, however, clause 20 (now 19) was proposed, providing among other things for the organization of the necessary conviet establishments, a deputy (l·I. Lorois) moved an amendment, expressly declaring the absolute freedom of the reh3gues throughout the colony (les relegues jOJ~iront de leu·r libe1·te entiete dans tot~te l'etendue de la colonie dans laquelle ils seront ?'eleguf:s). He recalled the declarations which had been made during the debate as to the freedom of the rdegues on arrival, saying that lhe,;e were only expressions of opiuion not binding on the Govemment, and that ahhough "XL 'tYaldeek-RouHseau himself could of course he relied upon to do what he said, .Ministries passed away, and his successor might bold contrary opinions; that it was now proposed to have, besides gendarmerie, 200 warders ( survei!lants) to control the relegues, and it wus not easy to see why such a force was wanted to look after people who were to be free ; and that aecordingly the Chamber ought not to be satisfied with mere declarations about their freedom, but should insert express provision to
77 that efFect. But the Minister of the Interior (:M:. W aldeck-Rousseau) replied that the proposed amendment was quite unnecessary (est absolument 'inutile). The recidi~;iste would be free from the moment he touched the soil of the eolony (lors qu'un rl'cidiviste e&t tmnspode, il est libre du moment ou il touche le sol de le~ colonie); as for the establislnneuts in question, they were merely to provhle for cases where a recidiv,iste should come to the Government for employment or for land; the provisions of the clause were really in favour of the relegne, and in no way implied the idea of confinement (n'impliqucnt lt aucun degre l'idee d'internement). When you pass a penal law, he added, you need not in it that those who are no longer reh'gue is not free, it i~ incontestsubject to any penalty arc free; so long as the law does not say that able that liberty is his ( du moment qu'il n' est pas d,it que la rdlegt~e ne sera pas libre, il est incontestable q11e c'est la liberte qui son droit). 'Vhereupon :M. Lorois said that after such a declaration, binding as it would now do not merely M. Waldeck-Roussean, but the whole Ministry, he ~was satisfied, and would withdraw his amendment. It will be obvious to Lord Derby that the :Minister of the Interior could hmdlJ admit an amendment which in terms expressly contradicted the preceding clauses of the Bill; inrlced, the appearance of the two in juxtaposition would have J;Jeen au absurdity. But when the Bill was sent back to the Committee for reconsideration hefore the denxwrne delibemtion at the end of June, the Committee reported to the Chamber that, while the debates of May had shown the necessity of explaining more clearly the regime to which the relcigues would be subject, it had been officially declared over and over again that this regime would he exactly the same as if the convicts had gone to the colony voluntarily, with the sole difference that they would not be able to lt>aYe it as any ordinary colonist might do (comme l'ont clit dans la discussion, a plnsienre reprises, Jf. le .Jfinistre de l'lntf:rieur et votre raprJorteur, le 7·f:gime des relegnes dan,~ le lieu de la reli:gation est exactment celtti sous lequel ils ~vivraient s'ils s'y etaient rendus volontairement, avec sette seule dijjerence, qn'ils ne pourront pas en sortir comme le ferait 11n colon ordinaire). Their punishment would consist ouly in the obligation to stay where they were sent (leur peine consi.
78 protest; nnd the prayer of the Agents-General to Lord Derby therefore was, that Her Majesty's Government would address a renewed remonstrance to the Government of the Republic, not more for the sake of the Queen's subjects in Australasia than of the native people to whom, by the Pacific Islands Acts, Her Majesty extended her gracious protection. I have, &c., F. D. BELL. THE UNDER-SECRETARY OF STATE FOR THE CoLONIES, &c.
(Encloswre No. 2.) Downing-street, 3rd December, 1883.
Sm, \Vith reference to your letter of the 29th ult., I am directed by the Earl of Derby to transmit to you a copy of a letter from the Foreign Office, with its enclosure, respecting the representation which Mr. Plunkett was instructed to make in connexion with the reported intention of the French Government as regards transportation to New Caledonia, and the alleged failure of the Governor of that Colony to demand, as heretofore, the extradition from Australia of escaped criminals. A copy of this lett.er was sent to the Agent-General for Queensland on the 5th of October, and Lord Derby concludes thnt it may haYe now reached the GoYernment of Queensland. His Lordship dertires me to add that there is nothing further to communicate on the points above mentioned, but that the subject is of course receiving continued attention. I am, &c., (Signed) JoHN BRA~lSTON. THE AGENT-GENERAL FOR VICTORIA.
(Enclosure No. 3.) FoREIGN OFFICE TO CoLONIAL OFFICE. Foreign Office, 24th September, 1883.
SIR, With reference to the letter from this Department of the 5th instant, I am directed by Her Majesty's Secretary of State for Foreign Affairs tu transmit to you, to be laid before Her Majesty's Secretary of State for the Colonies, copy of a despatch relating to the presence in British Australian Colonies of relapsed French criminals. I am, &c., (Sgd.) T. V. LISTER. THE UNDER-SECRETARY OF STATE, COLONIAL OFFICE.
MR. PLUNICETT TO EARL GRANYILLE. Paris, September 21, 1883. MY LORD, I took an opportunity tllis afternoon of recalling the attention of the "Directeur Politiqne" to the note verbale which I had left with M. Challemel Lacour on the 31st ultimo, respecting the anxiety caused in the Australian Colonies by the reported intention of the Frt'nch Government to transport their relapsed criminals to New Caledonia, and I inquired what steps had been taken with reference to the failure of the Governor of that Colony to demand as heretofore the extradition from Australia of some French criminals who had succeeded in escaping there. M. Billot, who admitted the grave importance of the question to the British Australian Colonies, said that the Foreign Minister had at once referred my communication to the Ministers of the Colonies and of the Interior, and recommended it to their early attention. His Excellency was only waiting for the answers of his two colleagues, and hoped to be shortly in a position to reply to a part, at least, of my communication. The action of the Government in this matter must depend so mnch on t.he decisions of the Chamber, that it would be difficult to give a definite answer at present as to the intended places of transportation ; but with regard to the omission (if such existed) of the Governor to ask for the extradition of escaped criminals, explanations had been invited, and steps would, if necessary, be taken to insure in future that the extradition should be asked for. Monsieur Billot seemed to have a notion that the failnre to ask for extradition might have arisen from the many formalities which the Australian Colonies insist on before they will surrender a criminal. The papers which they require have sometimes to be sent for from France, a proceeding which necessitates both delay and expense. :M. Billot promised he would keep the matter in mind, and let me have an answer as soon as possible. I haYe, &c., F. R. PLUNKETT, (Signed) THE EARL GRANVILLE, K.G., &c.
79 F. 84/229.
THE AGENT-GENERAL TO THE PREMIER.
8 Victoria Chambers, \Vestminster, 14th December, 1883.
3034.
Sm, I have the honour to acknowledge the receipt of your despatch, No. 1036, of the 1st of November, enclosing copies of Parliamentary Papers relating to the Con· vention to be held in Sydney on the subject of Federation and its attendant responsibilities. Since that date the English public has been placed in possession of the Resolutions arrived at by the Convention, :md I have not noticed any exception to the general approval with which these Hcsolutions have been receiYed.
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"With regard to the occupation of New Guinea under some f?rm of Annexation or Protectorate, that, as I have already conveyed to you, appears bkely ·to be accom· plished without delay. A much more (lifficult question arises with regard to the Pacific Islands, and it may be well to eall your attention to the progress which the French Republic has made in this quarter, which is illustrated in the so-callctl historical sketch contained in the copy of the French Jounutt O.ffidet which I enelose for your perusal. Had this been alone, I should have heen t.lisposcd to view the statement with some doubt, hut it is eorroborateJ hy a consular report whieh has been brought to my notice, issued by the British Consul at Tahiti, in 1880, which I also forward herewith, showing thnt since that elate, at any rate, French oecupation has been silently acknowled
We, the untlcrdignctl w holesalc trader~ and met•elmnts of tl1c ciJy of Lonclou, earnestly solieit the council of the Clwmbor of Commerce to urge the Colonial :::locrctary to take sueh a,; may LClit lend to divert and direct the flow of emigmtion to our Colonic.'i. As a trarling community, experience lms taugl1t 1H! tltc iwli,;pntal,lc advantages that attend their attend their development, and oaeh year is clearly showing that in the uot fnr
Bcvington and :Morri:o. Gco. Brcttle ami Co. Lloyll, Attrel, and ~mith. Vy~e, Sons, and Co. J. and C . Boytl and Co., fnr RylanJs and Sons, Limitc
Scott, Son, and Co. No, 38.
L
80
P. 84/334. 3130/83.
THE AGENT-GENERAL TO THE PREMIER.
8 Victoria Chambers, \Vcstminster, 28th December, 1883.
SIR,
I ha':"e the hono.ur to n?knowledge the receipt of your despatch, No. 1077, of the _7th ultimo, enclosu:g copies of. His Excellency's speech at the prorogation of Parbamm~t, and expressmg your sntisfaction that the representations mnde by me to the Colomal Office had caused the Colon v of Fiji to be represented at the Convention of Sydney. "
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. I h~ve sent you from time to t~me, a~1d will continue to send you the principal articles winch may appear on the sul)Ject of Confederation and Annexation. . I beg to enclose f(n' your inf{mnation copy of a Precis lately prepared by Sir F. D1llon Bell on the present state of the French estal)lishments in Oceania. I have, &c.,
(Signed)
RonT. MunnAY s~nTH.
THE HoNORADLE THE PREMIEH, MELBOURNE.
FRENCH POSSESi-\IONS IN THE PACIFIC.
The first step in the French occupation took place in May, 1842, when Admiral DupetiL-Thonars took possession of Tahnuta and the group to the ~outh-ea~t of that i~land, with the consent of a chief named Yotete, as well as of other chiefs rtml a largo Ullmbcr of HatiYes. The soYeroignty of :Frnnce had already been recognized in the island of IIivava. After having left a garri,;o11 at Tahuata, the admiral went to Uapou, and then on to Nukahiva, aml arrived ut Tahiti in August, 18•12. There were already a number of European::; of all nations resident at Papedo. English missionaries had been established there since 1797, and France lmd appointed a consul untlor n convention with Queen Pomare in 1838. Under the pressure of various tlistnrhanccs, the Q,ueen, together with the principal chief~, asked to be placed under the protectorate of !?ranee on the Uth September, H!42. The ratification of this hy the King of the French took place in March, 1843, and in the following Kovcmhor the FreJich flag was hoisted over Tahiti. The Queen was cleclaretl to have ceased to reign, and Commandant Brnat wns installed as Governor, formal possession being taken of the island in the mune of ~Fnmce. This act of taking possession, however, waa not then ratified, and the French Government ordered tu at the protcctorRte should be re-establi,;hed ; hut in the meantime the Queen had left the island, antl her subjects were in revolt. In 1844 Commandant Bruat took a decisive step in attacking the natives at Mahoena, and seizing their possessions. In the aLseuce of the Queen, the protectorate was rc-estahlishetl, and a regency appointed. At length, after a partial resistance at several points, the last of the rebels e!tme in and Jllade their submission OH the22ud December, 1846; atHl in }lay, 1847, Qnoen Ponmr\>, having returned from the Leewm·d Islamls, was solemnly reinstated iu her authority. The Pumcn'is, together with the principal cltiefs of Tahiti, had extended their domiHion all over the islands of the Society Gronp, the Low Archipelago, and the Tnbuai Group. A declaration of the 19th ,June, 1847, made between Fram~o and England, declared the independence of tlw Leeward Islands; but the Low Archipelago, and two of the islands in the Tubnai Group, entered into the states of the protectorate. In 1852 an insurrection overthrew the Queen, but her authority was re-established by the French Government. Soon afterwards she abdicated in favour of her son. After that tranqnility was not disturbed at Tahiti, the whole archipelago, with its dependenciee, being placed under the protectorate of France, with a representative having the title of " Conunandnnt and Commissioner of the French Government in the Society Islands." Queen Pomare IV. died in September, 18i7, and was snccecdod by her son Ariiane, who took the name of Pomare V. His accession prodncell no change in the existing onler of things, and the new King showed him::;elf full of deference towards the rcprcscntatiYe of the Government of France, and well disposed to favour the gmtlual absorption of his country. It was in these cirenmstances that grave events occurred relating to the order of succession to the throne. In !:ieptember, 1879, the King, having been sounded upon the question of passing over into the hands of France the authority which was really exorcised by him nndcr }'rench advice, showed himself disposed to acquiesce in that change, whieh the chiefs themsclYcs also desired. Pomare V. soon gave a special
81 mark of confidence to the French commandant, for upon making a voyage to one of the neighbouring group of)slands, he handed over the administration of Tahiti and its dependencies to theCommissioner of the Republic, M. Chesse, on the 29th May, 1880. Soon afterwards, finding himself attacked by illness, he entered into more frequent communications with the commandant., in the belief that, in the interests of his country and of his family, he could have no more efficacious protection than that of France. On the 29th June, 1880, in the presence of all the chiefs of Tahiti and Moorea, the Commissioner of the Republic announced the King's abdication and his acknowledment of the sovereignty of France, the conditions of which had already been concerted with the King and the principal chiefs. Pomare V. solemnly approved this public act, and the chiefs having nrst affixed their signatures to the declaration, the King signed it, as well as the repref'entatives of France. Thereupon the commandant published his acceptance of the sovereignty in the following terms : " "\Ve, the Commandant and Commissioner of the Republic in the French establishments of Oceania, in exercise of the powers coufhled to us, declare that we accept, in the name of the Government of the French Republic, the rights and powers now conferred upon us by Pomare V., with whom all the chiefs of Tahiti and .Moorea have associated themselves ; mHl we tleclare, subject to ratification by the French Government, that the Society Ishnds and their dependencies are united to France." The Chamber o£ Depnties and the Senate having ratified the cession, the President of the Republic promnlgat9d, on the 30th September, 1880, the following law:" Article I.-The President of the Republic is authorized to notify and cause to be executed the declarations signed on the 29th Jnly, 1880, by King J>omare V. and the Commissioner of the .French Republic at the Sodcty Islnmls, by which the sovereignty of the territories dependent on the Crown of Tahiti are ceded to France. "Article 2.-The Island of Tahiti and the archipelagoes depending upon it are declared to be French Colonies. "Article 3.-French nationality is conferred in full upon all the former subjects of the King of Tahiti." Then followed an article relating to the formalities to be fulfilled Ly stranget·s born in the "States of the Protectorate" who desired to acquire .French nationality. The Commandant of Tahiti published this law on the 24th Mm·ch, 1881, in the Journal O,fficiel of the colony, in the presence of the French and the Tahitian authorities and of the consuls of the Foreign Power::;. The following is a llescription of the French
establishment~.
They comprise : -
The Marqnesas Islands, which have belougml to France since the 1st of May, 1842; the Island of Tahiti, which is the seat of Government ; the Island of Moorea ; the archipelago of the Low Islands, or Tuamotu ; Rapa Island; the islands of Tnbuai and Haivavae (Vivitao on the English maps), which have bcCII annexed to France by Yirtue of the convention with King Pomare V. and of the law of the 30th December, lBSO. (L) The .:\1nrqnesa8 Group, situated between the parallels of 8deg. and IOdeg. south latitude, and 143deg. and H1deg. west longittHlc, comprise;; eleven iHlamls or islets, forming two groups. The northwest group comprise-1, the Jslnml of Eiao (inhabited) ; 2, Motuiti (inhal,itcd) ; 3, Hatutu (inhabited) ; 4, Nnknhiva, wir.h a population of 2,700; 5, Thpn, population 1,220; atH[ 6, Hanka, population 450. The south-east group comprises nve islands, uamcly--1; T:maln, popubtiou 630; 2, HiYava, population 6,000; 3, Patuhuka (inhabited); 4, Montmw {inhabited); and 5, Patuhiva, population 1,000. (II.) Tahiti and Moorea.-The Islnnd of Tahiti, the centre of the French establishments in the Eastem Pacific, is situated between 29min. 30see. and 17 dcg. 4 7min. of south latitude, and between 150dcg. 29min. 23see. and l51dcg. 5Gsee. west longitude. It is subdivided into Tahiti Island and the peninsula of Taiarapu, united by an isthmus about fourteen metres above the sea level at the site of the fort of Taravao. (Ill.) Tuamotu, or Low Archipelago.-This archipelago comprises 81 islands or islets, extending over more than 300 leagues of longitmle and 200 leagues of latitude. The islands are only wooded reefs. They are sitnated between 14deg. nnd 23Lleg. south latitude, and 137
. 82 In the islan
Il.-vV ESTERN P ACLFlC. Now Caledonia, l,;lo of Pines, m!tl Loyalty Isles.-In 18-43 a missionaries' establishment was formed in New Caledonia, lmt abandoned in 184:7 on being attacked by the natives. In 1851 the frigate Alcmene, Count d'Ilarcourt conunantler, having anchored at Balade, the natives massacred a boat's crew, when immediate took place ; this event, together with the reports of Count d'Harconrt, and also the desire to possess a distant colony which could, if necessary, receive convicts, decided the French GoYernment to take formal possassion of the group. Acconlingly, on the 14th June, 1853, Rear-Admiral Febvrier-Dospointes ani>e:l at Balmle, and, without opposition on the part of the natives, took possession of New Caledonia rmd its depemloncieR in the name of Fmnce. From 11alade he went on to the Isle of Pines, where, some weeks before, an English corvette lutd come to hoist the English flag. The native chiefs, however, refused to accept the English proposal, and made their submission to :France under the gnns of the English man-of-war on the 29th September. Captain Tardy do 1\Iontravel afterwards completed the aGt of taking possession, autl, after negotiations with the principal chiefs, obtained their recognition of the French sovereignty. :Xonmelt, on the south-west coast, was chosen as the site of tho principal town and cou vict settleuwnt. In 1864, military pos~ossion was taken of the Loyalty where missionaries hrd established themselves since 1859. These events did not oecur without much resistance on the part of the natives, and even of Europeans : but and pcr::;i~tont repre:-:sions brought abont a general paeifieation. A revolt broke out in .June, 1878, which took about ten months to repres;,; nnapeete, Tannoa, and Papemiri, at Tahiti; Papetoai, at the neighbouring Island of Moo rea; the pmt of the Island of FakaraYa, in the Paumotu Group; that of the Island of 'l'ubuai; that of the Island of in the Gmnbier Group; :md Tniolme, at the l;;land of N ukuhiYa, in the Marqnc~ns Group. The nt all the aboYo-mention01l ports nro the same ns at the chief port of Papeetc, whore in fiwt the foreign trHLlc at Tahiti awl hs dependencies is as yet carried on or officially reported. 'l'lte direct trade of the Gmnbier an cl Marquesns Islamls is comparatively inconsiderable. Leeward Isl:.uHls.-Thi~ group, comprising three imlependont states, named after their respective chief islands, Hunhine, llaiatca, nnd Borahora, and each with a distinct national flag, continues to draw the most of its foreign supplies from the mnrkct of Tahiti, which takes from the Leeward Islqmls iq return
83 cotton, coprah, allll other· native products. These islamls possess very good harbours. population of the group amounts to from 4,500 to 5,000.
The entire
THE AGENT· GENERAL TO TilE PREMIER.
8 Victoria Chambers, P. 84/385. \Vestminster, 4th January, 1884. 115/84. Sm, I have the honour to transmit for your pcrnsal :m artide which appeared in the principal public organ of South-'Vesteru France, and which has been for,varded hy Mr. Seward tor our inspection, as illustrating the views tnken by our neighbours of the aspirations and proceedings of the Australian Colonies. I have the honour to he, Sir, Your most obedient servant, HonT. :MunR-tY SMITH. THE HoNORABLE THE PREMIER, l\1ELBO URXE,
[Enclosure. J ,, LA GIRONDE," MARDI,
18
DECEMBRE,
1883.
Les colonies nnglaises de 1' Anstralic ont dClegnc a Sydney 1m certain nomhre do reprt1sentanrs qui se sont reunis au commencement dn mois pour 6tudicr lcs questions ext6rieurcs qui tonchent ;\ tours interets et pour faire conna1tre lenrs vreux 1\ la metropolc. Cc Congres vieut d'adopter uno serio de resolutions dont il est impossible de ne pas sigualer le camlit!o rgo1smc. Tout d'abord, le Congres proteste contre tonte annexion future, de b part !l'une puissance etmngere quelconque, et particuliercmcnt
84 nelle, et le monde entier est aujourd'hui son tributaire pour ce riche produit. Toutes les colonies reunies en fournissent plus d'un million de balles, de 350 livres chacune, valant prr•s d'un milliard de francs. On a calcule que l' Australia, la Tasmanie et la N ouvelle-Zclande contienuent a peu pres soixante-dix millions de moutons, et que dans vingt ans, en tenant compte des chiffres ascensionnels recueillis depuis dix ans, on en comptera plus de cent millions. Trouver des marches pour la laine de ces moutons est un probleme qui occupe en cc moment !'Association australienue des eleveurs. IJes miues d'or, de cuivre, d'etain, de houille abondent dans le pays, qnl produit aussi du ble en quantite, et des bois et meme des vins dont nons m\mes I'occasion d'apprecier, l'an dernier, les echantillons ~\ !'Exposition de Bordeaux. L' Australie offre encore des ports magnifiques, et l'on compte, dans les sept colonies, 10,000 kilometres de chemins de fer. Bref, il y a 1:\ une sorte d'empire d'une vitalito et d'nn ressort extraordinaires, qui se federera certainement uu jour, et, qui sait? qui se separera peut-etre, a son tour, de la mere-patrie, comme l'ont fait jadis los colonies anglaises de l'Ameriqne du Nonl. Ce Congres qui vieut de se tenir a Sydney avec le concours de dClOgues de toutes les colonies n'e;;t-il pas deja un acheminement vers cette idee de fed~ration ? Assurcment, c'est Ht nn grand pas de fait dans cette voie, car ilu'etait pas si facile qu'on pourrait le penser d'obtenir l'acquiescement de tons, elmque colonic etant jalouse, a l'exccs, de son autonomic et de son individualite, et se montrnnt fm·t ombrageuse a l'egard des ambitions temoignees par les autres. La Nouvelle-Zelande a.ete bien lougne a se decider. La Tasmanie ne l'a fait qu'en dernier lieu. Mais ces resistauces a entrer dans le mouvement et !'adhesion finale de toutes prouvent preciscment que !'entente est en bonne voie de s'etablir pour des projets futurs. Naturellement, les Anglais ne sont pas sans se montrer quelque pen inquiets de toute cette agitation. Les jeunes et auclacieux colons ont nonseulement la pretention d'annexer la Nonvelle-Guinee, grande comme deux fois la .France, mais encore toutes les iles qui en sont comme le prolongement geographiqne: l'archipel de la Nouvelle-Bretagne, les iles Salomon et jnsqu'aux Nouvelles-Hehrides, qui, si elles eussent ete occnpees, comme il etait nature!, par nous, en meme temps que la Nouvelle-Caledonie, no ereemient pas aujourdJhui une question qn'il ne sera peut-etre pas sans difficulte de trancher. Il est curieux de voir ainsi l'Au~;tralie revendiquer a son profit les benefices de la doctrine de Monroe, sans song er que l' Angle terre a toujours proteste contre elle. Accepter, en effct, la pretention cmise a differentes reprise par l' Amerique, que rien dans le Nouveau-Monde ne peut etre re clame par les puissances d'Europe, cut ete, pour l' Angleterrc, s'exposer t\ perdre ses riches possessions tlu Canada. Nons rcsistons done it croire que le principe repudie par elle en Amerique pnisse devenir a ses yenx acceptable en Oceanic. L' Angleterre se refusera, nous n'eu don tons point un instant, a accueillir aux antipodes une theorie si grosse de consequences perilleuses pour sa grandeur coloniale. Mais un autre point est non moins choquant dans ces resolutions de la conference de Sydney, et nous voudrions le mettre en lumiere. On comprend qu'nn Etat inclependant comme les Etats-Unis, par exemple, puisse pretendre a interdire anx etrangers de consi(lerer son territoire on les territoires voisins du sien comme des biens sans propri6taires et d'y etablir, par consequent, des colonies. Mais l' Austro.lie n'est pas independante, que no us sachions. L' Australia est une simple colonic de l'Angle terre. Comment done ponrraitelle exciper, d'une part, de son autonomic pour interdire aux puissances enropeennes des annexions qu'elle convoite, et, de !'autre, de sa dependance vis-a-vis de l'Angleterre pour proteger sa secnrite? Il lui £ant choisir. Si l'Australie vonlait persister dans les resolutions du Congr~s de Sydney, elle aurait tout d'abord rompre les liens qui l'attachent encore la metropole. Jnsque-la ses pretentious para1tront entierement inadmissibles a tout esprit impartial. En presence de tant de perils et de difficult os, llOUS en avons done !'assurance, lord Derby, qui nne premiere fois deja a reponsse ces pretentions, n'hesitera pas a les repousser encore. Pour nous, taut qu'elles n'auront pas obtenu son approbation, nons pourrons nous borner, comme nons le faisons aujourd'hui a appeler sur elles !'attention publique sans en exagerer outre mesure !'importance.
a
a
TRANSLATION.
The English colonies of Australia recently delegated a certain number of representatives to Sydney, who met there :.t the beginning of the mouth, for the purpose of considering a number of different exterior questions affecting their interests, and of making their wishes thereupon known to the Imperial authorities. This Congress has just adopted a series of resolutions, the extreme selfishness of which it is impossible to dis, which islands may, in fact, be regarded as an extension of New Caledonia, from which they are separated by only 50 leagues of ocean, naturally called forth the activity of our colonists. A company was initiated by :Mr. Higginson, an Australian naturalized citizen of I?rauce, whose intelligence is equalled by his energy and courage. This
85 company, which assumed the designation of the" New Hebrides Association,'' acquired several islands, and obtained concession in others. The purchases which it made, and the privileges which it obtained, were ratified in due form. But the existence of commercial establishments thus founded, and already in the full bloom of prosperity, h~Ls excited the covetousness of the people of Australia, who now want to take possession of the fruits of the company and enterprise. Hence the action of the colonial representatives at Sydney. :Finally, the Congre~s insists that England shall use every effort to p1·cvent France from deporting her criminals to her Oceanic possessions, and even advises the British Government to make serious representations to Franco in reference to the continuance of her penitentiary establishments in those regions. The Congress goes even further than this, fGr, passing all bonuds of moderation, it gives expression to the wish for a law formally interdicting the landing upon Australian territory of foreign convicts from the penitentiary establishments in the Pacific. That is to say, in a community originally founded by convicts, the inhabitants of Brisbane and of Melbourne are seized with a fit of terror if a convict happens to escape from New Caledonia! The whole of Australia is, in fact, at the moment agitated to its centre on these questions ; and all the different eolonicH, amongst whieh there had previously existed many points of discord, have sud dcnly been drawn together in a common sympathy. Nor is it only Australia properly so-called, and consisting of five different colonies, with which we are now concerned, hut all the neighbouring large islands of Tasmania to the south, and New Zealand to the east. Taken as a whole, these colonies constitute what the English call Anstralusin-a kind of Asia of the south. These territories alrea(ly contain a joint, active, energetic, intelligent, and industrious population of 3,000,000 souls, wit.h commercial transactions amounting to three milliards and a half of francs, equal to those of Denmark, Sweden, Norway, and Spain all put together. In other words, 3,000,000 of Australians produce and consume as much as 25,000,000 of Europeans. It is prodigious ! The Melbourne correspondent of the Jndependance Belg1 forwarded last month to that jomnal some very interesting particulars concerning the industries of these colonies. Australia produces and exports merino wools of exceptionally good quality, and the whole world is now her tributary for this rich product. Taken together, the colonies furnish more than a million of bales of 350lb. weight each, and valued in the aggregate at nearly a milliard of francs. It is estimated that Australia, Tasmania, and New Zealand together contain nearly 70,000,000 sheep, and that, if the present rate of increase is continued for the next 20 years, the number will be no less than 100,000,000. The question of finding a market for the wool of all these sheep is one which is at present occupying the attention of the Australian Sheepbreeders' Association. Mines of gold, copper, tin, and coal abound in these countries, which also produce wheat in large quantities, timber, and even wines, samples of which we had an opportunity of testing at the Bordeaux Exhibition of la:~t year. Australasia also possesses maguificent harbours, while in the seven colonies the railways now open have an aggregate length of 10,000 kilometres. In short, we have here a sort of colonial empire, the vitality and elasticity of which is most extraordinary, the different constituents of which will one day certainly become added together by federation, and--who knows ?-one that may in iLB turn separate from the mother country after the example of the English colonies in North America. This Congress of delegates from all the colonies which has jnst been sitting at Sydncy-is it not already a smoothing of the way to the idea of Federation·? As:mredly it was an important step iu that (lirection, for it was not found so easy as might have been at first thought to obtain the acquiescence of all to the proposal, each colony being exceedingly jealous of its autonomy nnd its imlividnality, and showing itself intensely susceptible as regarded any ambitious manifestations on the part of either of its neighbours. New Zealand took a long time to decide, and Tasmania only gave in her adhesion at the last moment. But these objections to entering into the movement on the part of some of the colonies, and the ultimate adhesion of all, only gG to prove that a cordial understanding is in a fair way of being established in regard to the projects of the future. All this agitation has naturally caused some little inquietude in England. For these young and andaeious colonists proposed not only the annexation of New Guinea-a territory hviee the si?.e of France -but also all those i~lrmds which form, as it were, its geographical extension-the archipelago of New Britain, the Solomon Islands, and even np to the New Hebrides, which, if they had been occupied by n~, al:! wns natural, at the same time as N cw Caledonia, would not at the present day raise a question which will not perhaps be determined without some difficulty. It is not a little singular to sec Australia thus endeavouring to appropriate the benefits of the :Mnnroo doctrines, and ignoring the fact that England has always protested against it. For England to accept the doctrine so often enunciated by America, that no portion of theN ow World can be claimed by a European power, would, in fact, be to expose herself to the loss of her rich possessions in Canada. "\Ve cannot, therefore, believe that the principle which she repudiates in America will prove acceptable in her eyes in Occanica, and we do not doubt for one instant that she will refuse to accept a theory so fraught with perilous eonsequeuces to her colonial greatness. But there is still another point in the resolutions of the Sydney Conference not less striking and objectionable than those to which we have already referred, and to this we now invite the attention of our readers. We can understand an independent country-the United States, for instance-claiming the right to prohibit all foreigners from considering its own territories, or those in its vicinity, as having no proprietor, and consequently open for occupation as colonies. But Australia, so far as we know, does not occupy any such position. She is not an independent country, but simply a colony of England. How then can she pretend to take advantage on the one hand of her autonomy to interdict to the European powers those annexations which she desires for herself, while on the other she avails herself of her relations with England for the protection of her territory? It is for Australia to choose. If she determines to persist in the resolutions of the Sydney Congress she will just have to break the bonds which attach her to the mother-country. So far the pretensions of the colonie,; mnst be regarded as entirely inadmissible by every impartial mind. In the presence of so many perils and so many difficulties, we feel assured that Lord Derby, who has already rejected these pretensions when urged on the first occasion, will reject them still. For our own part, so long as he withholds his approbation from these proposals, we shall continue to confine ourselves, as we have done to day, to bringing them under the notice of the public, without attaching to them a greater degree of importance than they eally deserve.
86 THE AGENT-GENERAL TO THE PREMIER.
8 Victoria Chambers, P. 84/480. 'Vestminster, 11th January, 1884. 201/84. Sm, I have the honour to acknowledge the receipt of your despatch of the 22nd of November, No. 1216, on the subject of Annexation and Federation, and feel much gratified hy the several expressions of approval which it conveys at the success of my efforts to give effect to your instructions. II. I have carefully considered your observations in regard to the understanding renewed last July hetwccn the Government of the I<'rench Republic and the Foreign Office respecting the political status of the New Hebrides, and I propose, in pursuance of your int':ltructions, to take a convenient opportunity of urging your vie,vs on the Colonial Office. III. I am, however, still without a rep Iy to the letter which I addressed. to Lord Derby on the 29th of November last, in which I requested to he informed of the answer \vhich the French Government had given to the representations which Her Majesty's Embassy ·were instructed last August to make, on the subject of the Relapsing Criminals Transportation Bill. I have thought it well, therefore, in the first instance, to address the further letter to His Lordship, of which I enclose a copy, before proceeding to treat the other question, one, I need hardly say, requiring very careful management, and in which any indi::;creet action might be made the excuse by the French Administration for a,n immediate annexation of the Islands. I have the honour to be, Sir, Your most obedient servant, THE Ho~onABLE THE PnE:\IIER,
RonT.
MELBOURNE.
1\funnAY
SMITH.
8 Victorin Chambcre, Victoria-street, Westminster, 11th January, 188!. I trust I may not he considered impor(nnnto in requesting yom attention to my letter of the 20th of November of ln.st year, No. 2808, in which I applied, on behalf of my Government, for infornmtion as to the nature of the answer of the French Govermnent to the representations which Her Majesty's Embassy at Paris wore instructed in ln~t Angu10t to make on tho snhjcct of the :Frt'nch Rolnpsiug Convicts Transportation BiLl, n.llll concerning which Yom Lordship then t1cclarcd that it was neee~sary to obtain immediate explanations from the Government of the Repnblic. The length of time which has elapseu since Her Majesty's Embassy were in~trncted to net, and even since the papers containing their· instl'Uctions were published; the fact that the Freneh Government have not only not withdrawn the Bill from the considemtion of the Senate, lmt have, as I mn informed, chmteretl a new special line of steamers from IIaYre to Nonmea, the better to give effect to its provil:lions; the serions anxiety to which the discussions in the :French and the com1nct of the Government of New Caledonia in regard to recently escapccl convicts, have given rise i!1roughont the Australasian Colouies, awl the necessity which is felt for the adoption, in good time, of cumnun! measures of IegiBbtion, and self-protection on their part-all these considerations may, I trust, justify me in requesting Yonr Lonbhip to hi'ing the snbjeet, with as little delay as may be, again under the consideration of Her :Majesty's GoYernment. I have, &c., RouT. MunnAY SmTir.
MY Lonu,
TnE Rmrrr HmwRAllLE TIIE EARL O.B' DErmY, HEn MAJESTY's PmNCU'AL SECI:ETAitY o~' S'rATI' x'Oit CQLONIAL
P. 84/505.
AF.I<'Ams.
TELEGRAM. TrrE AGEN'r·GENEnAL To TIIE PuEMIEH.
(Translated from Cipher.) J.Jondon, 20th Fe hruary, 188 4. Colonial Confedcratiou.-H:ul an inteniew ·with Sir Roht. Herbert. Her Majesty's Government resolved that no Annexation without Confederation. It is necessary pass resolutions through all Colonial Legislatures before Imperial Parliament enacts Enabling Bill, which will he prepared ready for England this session. Guarantee ten tlwusand would secure the appointment of interim High Commissioner, enlarged powers. It is necessary Parliaments pass resolutions as early as possible.
87 No. 84/467.
CIRC"C"LAR TELEGRAM.
THE PREMIER oF VICTORIA To THE PREMIERs OR CoLONIAL SEcRETARIES oF AusTRALASIAN CoLoNIES. Melbourne, 21st February, 1884. Have just received a telegram from Agent-General, reporting important interview with Under-Secretary of State for ~olonies, who an~wunc?d that Her Maj~sty's. Government had resolved not to authonze any AnnexatiOn "''lthout a FederatiOn of the Colonies. It is necessary, the telegram proceeds, to pass resolutions through all Colonial Legislatmes before Imperial Parliament enacts Enabling Bill, which will he prepared in 'England this session.. It is stated to he neces~ary that these resolutions should be passed as early as possible .. Furtbe.r, the ~mpe:nal ~overnmen~ '~ould, on a guarantee of £10,000 by the Colomes, appomt an mtenm High CommiSSIOner for the Western Pacific, with enlarged powers.
THE PREMIER TO THE AGENT-GENERAL. No. 84/554.
Premier's Office, Melbourne, 28th February, 1884.
SIR, Since my letter to you, No. 28, of the 3rd of January last, respecting Annexation and Federation, I have received and read with much interest your letters mentioned in the margin, which indeed have been acknowledged in due course. These, though aoNov.,No.2SG1. highly valuable and most interesting, called for no immediate reply : they have been :: ~;~: communicated to the newspaper Press in all cases where they were not confidential, 1! ~~c., 29:g~: and where I considered it advisable. if J~n./84, ~~~· 3
2. Referring to your letter, No. 2951, I must express my gratification at the friendly tone of the English Press without any distinction of party, to our views and sentiments in these matters. I have no doubt that this result is largely due to the able manner in which the subject has been put and kept before the public, by yourself and the Agents-General of the other Colonies. 3. 'With reference to your last letter, No. 211, of the 11th of January, I have to express my great regret that none of the representations made, either by the in'dividual Colonies or by the Convention unitedly, should have had the effect of deterring the progress of the French measure for the transportation of criminals to the Islands. I am glad that you have again pressed your inquiry as to what answer had been made by the French Government to the representations of the Foreign Office. The letter of the Honorable R. H. Meade to the Foreign Office, dated the lOth of August last,. and the letter from Lord Granville to Mr. Plunkett based upon it, I regard as satisfactory in tone; hut that no reply should have been received by you I regard as hirrhly unsatisfactory-indeed grievous. At the same time, I notice with extreme an:riety that the offensive and pernicious measure objected to appears to be steadily proceerlmg· by the usual stages towards enactment. It seems to me that if our apprehension of the unfriendly and unneighbourly character of the measure were only pressed with due energy and fitting earnestness upon France, her Government must either pn,use or risk a diminution of the existing entente cordiale. 4. I trust that ere this reaches you, some more or less satisfactory reply wili be to hand. But should it not, you will be good enough to renew your corrununications with the Colonial Office on the subject. In doing so, it would be well to draw attention to a point which I cannot but think has not been seen in its real importance. Heretofore we have urged the extent to which colonial interests are involved ; but there is a point of view affecting Imperial interests as well, and it is this: I feel sure that if the French measure be persisted in and carried, the spirit of Australian No. ss.
88 colonists will rise up in resistance, and 1-vill insist on measures-not exactly of reprisal-but such as will securely prevent these shores from being contaminated by foreign criminals ; and in those measures complications may arise which may involve Imperial interests in the most serious manner. This can be better imagined than expressed; but if this consideration were apprehended by the Imperial authorities with half the vividness with which it comes before my mind, I am persuaded that the most strenuous efforts would be used to obviate the necessity of the preventive measures I have indicated. 5. I trust indeed that Her Majesty's Government will see the importance-not alone in colonial interests, but in the interests of the Empire-of bringing to bear all the weight of their influence with the French Government to stop the enactment of the French Recidivistes Bill. ·
6. The proper representation of this matter to the Secretary of State for the Colonies I leave with confidence in your hands. 8. I come now to your very important telegram, of the 20th instant, announcing the decision of Her Majesty's Government to require a Federation of the Colonies as a condition precedent to granting their desire with regard to Annexation. As this was not marked " Confidential," but only introduced by the technical word " Secret," I at once communicated it to the other Colonies. . 9. I reco$nize. that the condition .stipulated f?r is in the spirit of the policy whiCh led to the holdmg of the Australasian Conventwn of 1883. 10. The Convention, as you are aware, resulted in the Premiers of the Colonies pledging themselves to obtain legislative sanction in their respective Colonies to the Resolutions of the Convention, and this will probably in due time be accomplished. I trust, however, that the superior importance of not allowing any of the islands to, as it were, slip through our fingers will be recognised ; and, further, that no risk will be run of the Enabling Bill being put off to another Session of Parliament.
I have, &c.,
J AMES
SERVICE,
Premie:·.
THE AGENT-GENERAL TO THE PREMIER.
P. 84/615. 8 Victoria Cham hers, Westminster, 25th January, 1884. 308/84. Srn, '\Vith reference to my letter, No. 201, of the 11th instant, in which I forwarded copy of a letter, which I had addressed to Lord Derby on the subject of the Relapsing Criminals Transportation Bill, I have the honour to enclose for your imformation -copy of a letter which I have received from the Colonial Office in reply. I have, &c., RonT.
MuRRAY SMITH.
(Enclosure to P. 84/615.) Sm,
Downing-street, January 18, 1884. I am directed by the Earl of Derby to acknowledge the receipt of your letter of the 11th inst respecting the Relapsed Criminals Bill which has been passed by the French Chamber of Deputies. I am to state that Her Majesty's Government have not lost sight of this important question, and are in communication with the French Government on the subject. The eorrespondeuce, as far as it is then completed, will be presented to Parliament as soon as it assembles. I am, &c., THE AGENT-GENERAL FOR VICTORIA.
JOHN BRAMSTON.
89 THE PREMIER TO THE AGENT-GENERAL.
No. 84/630. Premier's Office, Melbourne, 12th March, 1884. Sm, Referring to my letter of the 28th February, No. 554, and to other correspondence respecting the New Hebrides Islands, and the understanding with France regarding them, I beg to inform you that circumstances have come to my knowledge which seem to be almost an infringement, on the part of France, of the integrity of the understanding. I enclose herewith a printed copy of a letter, which has been published, from the Rev(l. D. Macdonald, a Presbyterian missionary in the New Hebrides, whose name will doubtless be familiar to you in connexion with the movement for the Annexation of the Islands. Mr. Macdonald was in Victoria recently, when I several times met and conferred with him on the subject. I have no reason to doubt the reliability of his statements. You will see that in his letter not only does he state that the French Press threaten the missionaries with expulsion on the Annexation of the New Hebrides by France, significantly comparing them to the Revd. Mr. Shaw of Madagascar, but it is stated also that the Governor of Noumea had actually sent by a man-of-war an injunction to the missionaries not to advocate British Annexation. It seems to me that this, besides being a gross interference with the liberties and ui()'nity of the missionaries, is an assumption of authority within the territory which ~eally amounts to a breach, on the part of France, of the understanding of which we have heard so much. In now communicating this to you, I must leave it to your discretion to make what use of it you may think proper. I am unable to give any distinct instructions for your guidance in the matter, as, in the long course of post, it is impossible to tell what may be the circumstances by the time that this reaches you. I have, &c., JAMES SERVICE,
Premier. "THt: MoNTHLY MESSENGER AND MrssiONARY RECORD oF THE PRESBYTERIAN CHURCH oF VICTORIA," MARCH, 1884. Rev. M. MACDONALD. Havannah Harbour, 16th Jan., 1884. My Dear Sir,-I have been thinking for some time of writing to you a long account of our work, but at present have time only for a short note, by a casual opportunity. Our work here is decidedly hopeful for the New Hebrides, as compared with the past. During our absence in Victoria nearly a hundred of the heathen had come over to the Christian side. The two hundred that we left had, therefore-allowing for the high death-rate-considerably increaeed, Only one teacher had misbehaved; but as soon as he resolved on his evil course he abandoned his teaching, and never even went again inside the church door. This is the man "The Vagabond" described as continuing to preach after his fall. When I returned I found that the people had done everything in the way of punishing this man, and clearing themselves of all participation in his misconduct that they possibly could. My sentence was, when the case came before me, either that the man give up his sin-another man's wife-and be suspended indefinitely from church membership, or that he takes his sin with him and depart from the Christian village, and be excommunicated. He chose the former, and the woman immediately returned to her husband. This is not the only anti-missionary mis-statement in which I have bowled out "The Vagabond." But it is better to leave certain matters in the col
90 many such places in this island. The weather has been, and is, close and hot. But as yet there has not heen much rain and no hurricane. Mrs. Macdonald is suffering from fever. The children are well. I must not omit to thank you with all my heart for your excellent mission box; and I, of course, through you thank all the friends who kindly contributed to it. The things are excellent in every way, and most useful. The literature is useful aml interesting. \Ye have seen the Annexation Resolutions of the Australasian ConYention, and are satisfied that they are the best that could have been framed in the circumstances. I hope the "Strong· case" is by this time completely and finally settled, and our little much distracted church once more at peace. With our united kindest regards to you and Mrs. :Macdonald. I remain, Yours very truly, (Signed) D. MACDONALD. "TowN AND CouNTRY JouRNAL," SYDNEY, DEc. 15, 1884. OUR NEW CALEDONIAN LETTER. Noumea, December 5, 1883. The harbour is unusually full of shipping, and the stone sea-wall or quay consequently presents an unwonted appearance of bustle and activity. Prominent above all the rest of the shipping is the huae three-decker transport Loire, recently arrived from France with the usual complement of convicts, soldie;s, and officials. Near her are three French corvettes and a gun-boat, also two :French merchantmen. The English flag is represented by two steamers, the Cintra and Ocean Queen, alongside the stone quay, two barques, and a brig in the stream. The Gunga is expected every moment from Fiji. )fost of the mosquito coasting fleet are in harbour also, including three little steamers. The island is being devastated by one of the severest droughts yet known here ; grass and water are failing in every direction, and stock are beginning to die. In Noumea itself, the want of water is becoming a serious matter. The reservoir, in the Governor's garden just above the town, is supplied with water brought in pipes from the nearest mountain, just ten miles away. The water is taken from one small ravine only, and though the natives say that none of their traditions mention this stream as having ever dried up, the fact remains that there is not enough water to supply the wants of the town. The Governor is actively endeavouring to meet the situation, and is commencing a second aqueduct from the Conception River, a distance of about three miles from the other river, to join with the old one, at the intake. This work will probably be finished after the rains have begun, and the town is no longer in want. As the average daily consumption of water has reached ROO cubic yards, and the supply just now is only 600, the municipality have very properly cut the water off for about fifteen hours per diem. "\Vhen the public taps are open, a regular little crowd may be seen round each one of them, natives with pails and empty kerosene tins, white men with barrels in drays. A serious affray took place last Thursday night. Some native police in charge of a white surveillant were patrolling a suburb, when they encountered a suspicious looking individual who refused to stand upon being challenged. Pulling out a revolver, the man put the first bullet through the shoulder of one of t.he police, and though he fired three more shots hit no one else, and then managed to escape into a salt water marsh. The natives, infuriated lJy the dangerous wound of their comrade, hunted the marsh like a pack of hounds, and at length, finding the man with only his head above water, clubbed him to death at oooo. The body was identified as that of an escaped convict named Talve, who had been missing for three weeks, and .had stolen a gendarme's revolver at the time of his escape. The two local journals have just been coming out with leading srtreles, recommending the expulsion 'Of the Protestant missionaries from the Loyalty Islands. One of them, the Progress, edited by an iindividual who had a free passage out here, demands the immediate annexation by the French of the New H'e'hr.ides, and the prompt expulsion of the Presbyterian missionaries. He menti(lons especially the Revs. McDomtld and McKenzie, and compares them to Mr. Shaw of Madagascar. The two above-name..if reverend gentlemen are especially obnoxio~s to the inl~bitants o~tNew Ca~edon.ia, McDonald for the.pr?rmne~t part he took in adYocating the annexatwn of the New Hebr1des by V10tona, and Mr. McKenzw m darmg to claim the little island of Iririki, at the entrance of Port Vila Harbour, as part of his mission property, after the lieutenant of a French man-of-war said he had bought it from the natives. (N.B.-At the time of the allerred purchase the lieutenant was in plain clothes, and on board a little steamer belonging to a private tradinO' company.) If the French do annex the islands, both these missionaries may look out fvr remarkably ~~pleasant lives, if not positive expulsion. There is trouble on board an English brig, the Transport, now in the harbour. The cook, a drunken Mauritius creole, attacked the mate with an empty bottle, and inflicted a painful wound on him. He also threatened to poison the captain, family, and the whole ship's crew, so the captain complained to the Etwlish Consul. The crew refused to sail in the vessel if the cook came on board again, so he was .llrrestcd by the police, and the affair is now before the tribunaL There will shortly be a surfeit of gaiety in Noumea, and the new public hall will be the scene of most of it. Three days are to be occupied in prize giving to various schools, and the first or the series of public subscription balls is to ~ake place on the 15th. ,. . Last Saturday an Englishman named Ramsay was sentenced to five years 1mpnsonment for shootin!! a native. Ramsay appears to have kept a little grog shop at a small place named Tuoho, about 100 mlles from Noumea. Some natives went there to drink, and all of them, Ramsay as well, got half drunk, and startecl quarrelling as usual; Ramsay went for his gun, and the natives run away, but before they couhl get out of range a shot was fired "into the brown of them," and one man fell, shot through the head. Ramsay tried to' make out it was accidental, but the sentence was five years "seclusion " or rigorous imprisonment. Mr. G. De Lautour, Government agent on board the Queensland labour vessel Sybil, has been staying for a week in this town, en route from theN ew Hebrides to Brisbane. He left the vessel in Ha.vannah Harbour and ordered her back to Queensland. He has brought with him various bits of wood which ht> says are 'samples of every important spar in the vessel, and his etory is confirmed by independent. witnesses.
91 The poicos of wood are so rotten that they can easily be crumbled up between the finger and thumb. He also hints as to the queer state of morality on board. Altogether there will probably be revelations and trouble when Mr. L. arrives in Brisbane. Friday, December 7, 8 p.m.-The s.s. Gunga has just arrived from Fiji, en route for Sydney, two days behind time, and leaves to-morrow morning at 8 a.m. The Cintra left for Fiji early yesterday morning, via the Havannah Pass. She is the first of the A.S.N. steamers to go through the pass since the loss .of the Ranr;atira nine years ago. Since then they have always gone round by the Isle of Pines, an extra journey of SO miles. The Cintra towed the little local steamer Ne Oblie through the pass, the captain of the latter acting as pilot for the larger vessel. I am told that the municipality are going to entirely stop the water supply to the town from 10 a.m. to-morrow morning until 5 a.m. on Monday morning. The .drought is increasing in intensity.
THE PREMIER TO THE AGENT-GENERAL.
No. 84/645.
Premier's Office, Melbourne, 13th March, 1884.
:Sm, I have the honour to acknowledge the receipt of your letter, No. 308, of the 25th of January last, transmitting a copy of a letter from the Colonial Office, dated 18th idem, written in reply to your reminding letter of the 11th, in which you asked to be informed what reply the French Government had made to the remonstrances of Her Majesty's Government on the subject of the Recidivistes Bill. 2. Mr. Bramston states that Her Majesty's Government "had not lost sight of this important question"; that they were in communication with the French Govern· ment on the subject ; and that the correspondence would be presented to Parliament .on its assembling. 3. I cannot but regard this communication as eminently unsatisfactory. That Her Majesty's Government were in communication with that of France on the subject was not only already known, hut was the very basis of your inquiry. Your request was to be imformed what reply the French Government had made to the com· munications; and to state in answer to this that Her Majesty's Government are in communication with the French Government is really an avoidance of the question ; while the statement that Her Majesty's Govermnent had not lost sight of the matter is such a formal and routine expression as seems quite out of keeping with the pressing urgency and deep importance of the subject. That the matter is not lost sight of may mean very little indeed. Meanwhile the Bill, fraught with issues so momentous to the Colonies, progresses towards enactment, and yet we cannot ascertain, from the Department charged with Colonial affairs, how the negotiations on the subject are proceeding. 4. Again, the statement that the correspondence will be presented to Parliament on its assembling seems like an intimation that we are not entitled to any more early or special information than the public. 5. I would request you to take an opportunity of informing the Right Honorable the Secretary of State for the Colonies that I feel there is ground of complaint in the curt and apparently perfunctory letters which I have now commented upon. 6. I trust at the same time that my present cmmnunication may be crossed on the way by a report by yourself of something more satisfactory as to the negotiations with France in this matter. If, as seems likely, it may prove useless to hope for the entire abandonment of the Bill, I would then request you to urge the total excision of the \Vestern Pacific Islands from its Schedule. Nothing short of this will be satisfactory to the Australasian Colonies. • 7. Further, I would advert to my letter, No. 554, of the 28th of February, in which I alluded to the manner in which IMPERIAL interests were involved in this question; and I would ask you to represent to Lord Derby that the deep anxiety which I feel with regard to this matter springs not only from a consideration for CoLONIAL interests but quite as much from a desire for the avoidance of those international complications which I plainly foresee will arise if the measure be carried in its present form. I have, &c., JAMES SERVICE,
Premier.
92 THE AGENT-GENERAL TO THE PREMIER.
P. 84/721. 449.
Sm,
8 Victoria Chambers, Westminster, 8th February, 1884.
I have the honour to acknowledge the receipt of your despatch of the 20th December, No. 1403, on the subject of the French Transportation Bill and the present condition of New Caledonia. I enclose a copy of the letter embodying the substance of your despatch, which, in accordance with your instructions, I have addressed to the Secretary of State. A copy of the communication from Mr. Bramston, to which my letter refers, was enclosed in my letter to you of the 25th ultimo, No. 308. I have, &c., THE HoNORABLE THE PREMIER, ~fEJ,BOURNE.
RoBT. MuRRAY SMITH.
(Enclosure toP. 84/721.) 8 Victoria Chambers, Westminster, 8th February, 1884. I have the honour to acknowledge the receipt of Mr. Bramston's letter of the 18th of January, stating, in reply to my request to be informed of the result of the demand for immediate explanations on the subject of the Transportation of Habitual Criminals Bill, made to the French Government last July, at Your Lordship's instance, that Her Majesty's Government have not lost sight of the subject, and that the correspondence, so far as it is completed, will be presented to Parliament as soon as it assembles. I deeply regret that on a subject which has produced such far-spread excitement and anxiety throughout the Colonies, after the lapse of so many months, Your Lordship is unable to afford my Government any information beyond what Mr. Bramston has communicated to me. As I indicated in my letter to Your Lordship of the 29th November, my Government, and, indeed, all the Australasian Governments, desired early and full information on this painful subject, because it is immediately obligatory upon them to consider what legislative measures it may be necessary to take in selfprotection, should the French Government persist in their intention of passing this Bill. Accordingly, the Colonial Governments, assembled in Convention in Sydney the following week, unanimously adopt.ed a Resolution to this effect. Unfortunately, all the information I have since been able to obtain through other channels leads to the conclusion that the French Government do mean to persevere in their project. I believe there is no doubt that they have placed ten millions of francs on the estimates for the year in order to give effect to the provisions of the Bill if it should be passed into law. There is no doubt, also, I understand, that the Committee of the Senate, having concluded the consideration of the clauses of the Bill, has within this week appointed one of its members to act as its reporter. The enactment of the measure may now, therefore, be only a matter of the interval of a few days. 2. I have received from Mr. Service by the last mail a despatch, dated the 20th of December, in which he informs me that the news had just then reached Melbourne of the arrival at Noumea of a fresh batch of 373 convicts, the majority being criminals of the deepest dye, 33 of the number having been transported for assassination, 18 for murder of the second degree, 24 for manslaughter, 21 for arson, 9 for stabbing and wounding, 18 for criminal assaults upon women. Mr. Service at the same time direct~ my attention to an article which appeared in the Melbourne Argus on the day on which his letter is dated, and which is founded on the reports contained in the last file of the newspaper NfJo Caledonien received at Melbourne. I quote the following sentences from the article of The Argus : "Scarcely a number of the .NfJo Caledonien appears without a report of convicts having escaped from custody, and of their lawless proceedings in the bush. At Port Laguerie, a gang of eight plundered the house of a settler, and drew their knives upon five Canacks who endeavoured to prevent them. At St. Vincent, two station hands were bailed up and stripped of everything they possessed, even to their clothes. At Upper Ouameni, some escaped convicts were frustrated in a second attempt to pillage a house. In the Bay of Bourake, three eva(les were seen making for an island in a boat. From Bouloupari numerous complaints have been received of fire-raising by the fugitives. One farm has been entirely destroyed, and the flames had reached the forest of Prouy. .Just outside of N oumea one of the native police was shot in the shoulders hy an escaped convict, whom he endeavoured to arrest. He fired three other shots at his pursuers, and these were so incensed that they killed him on the spot. At Mont Dor, where three evades had been lifting the cattle of the settlers, it was found necessary to organize a regular battue for the apprehension of the culprits, and the editor of the Neo Caledonien seems to anticipate that a still more serious state of things will arise in consequence of the large addition which has just been made to the convict population of the island." Mr. Service, in directing my attention to this paragraph, states that it is morally certain these escapees will attempt to land on some point of the Australian coast. He adds that what is now happening brings to mind in a vivid way the evils the colony was subject to about a quarter of a century ago, from the incursion of numbers of escaped and liberated criminals from the penal settlements in Tasmania and Western Australia, who became directly or indirectly the cause of all the serious crime that occurred in the Colony. He adds, "We are now threatened with the same evil, if possible in a worse form, from French penal settlements in the Islands of the Pacific Ocean." 3. I am accordingly instructed again to bring this subject under Your Lordship's notice, with referene& not only to our protest against the extension of French transportation to those region11, but also with MY LORD,
93 reference to the practice in that respect already existing, and to direct your attention in particular to the Resolution of the Convention of the Australasian Governments at Sydney, No. 7, of which the terms follow:"That. the Convention expresses n. eonfi
P. 84/826.-612/84. THE AGENT-GENERAL TO THE PREMIER.
22nd February, 1884.
Sm,
"\Vith reference to previous correspondence on the subject of Annexation and Federation, I have the honour to inform you that at an interview which I had with Sir Rohert Herbert on the 16th instant he supplied me with the information which I communicated to you on the 20th in a telegraphic message, of which a translation is subjoined. I have the honour to be, Sir, Your most obedient servant, T liE H ONORABLE THE PREMIER, MELBOURNE.
RoBT. MuRRAY SMITH.
(NOTE.-For the t
P. 84/946.-702/84. THE AGENT-GENERAL TO THE PREMIER.
8 Victoria Chambers, Westminster, S.W., 7th March, 1884. SIR,
In continuation of my letter, No. 449, of the 8th ultimo, respecting the French Relapsed Criminals Bill, I have the honour to enclose copy of a communication on the subject which I have since received from the Colonial Office. I have, &c., THE HoNORABLE RoBT. MuRRAY Sl'YIITH.
THE
PREMIER, MELBOURNE.
(COPY.) Downing-street, 18th February, 1884. SIR,
I am directed by the Earl of Derby to inform you that a copy of your letter of the 8th instant respecting the French Relapsed Criminals Bill has been forwarded to the Foreign Office with a request that it may be communicated to Lord Lyons. I am to observe that the Bill specifies other places besides New Caledonia as places to wllich criminals may be transported, and that if the Bill should pass it will not be necessary that the convicts should be sent to that Colony. Her Majesty's Government have urged that this shall not be done, and a despatch which has just. been received from Lord Lyons shows that he has continued to press upon the French Govemmeut the objections entertained to the transportation of criminals from France to the Western Pacific. I am, &c., (Signed) JOHN BRAMSTON. THE AGENT-GENERAL FOR VICTORIA.
94 P. 84/1066.-881/84.-Co:NFIDENTIAL. THE AGENT-GENERAL TO THE PREMIER.
8 Victoria Chamhers, Westminster, S.W., 21st March, 1884.
Sm,
In continuation ofmy letter, No. 780, of the 14th instant, ou the alwve subject, I have the honour to inform you that I have since received from Lord Lvons the note of which I enclose a copy, and which holds out no further hope of suc~ess than His Lordship previously expressed. Since its receipt, I have forwarded to him an extract from one of the numbers of the Neo-Caledonien, with which '\Ve have lately bceu supplied at your request, and which intimates, in specially large type, that emigration to the New Hebrides has again been determined upon by the French Government-a course which, in the opinion of the writer, evidently implies ultimate appropriation. As soon as I hear again from Lord Lyons, I shall, in company with him and Sir F. Dillon Bell, take an opportunity of again urging on Her Majesty's Government the necessity of some more vigorous action, but I fear without effect. Lord Derby bad arranged to see me last Saturday, the 15th instant, but was unexpectedly prevented by a summons to a Cabinet Council. I have since written to the Private Secretary, intimating my readiness to wait upon His Lordship at any time that may suit him, but have, as yet, received no reply. Please mark my former despatch of the 14th instant " Confidential." Since I commenced this letter, I have seen Lord Derby, and he has undertaken to communicate, verbally, at once with Lord Granville, and, if possible, with M. Waddington. I trust, therefore, it may yet be possible to modify to some extent this pernicious measure. I have the honour to be, Sir, Your most obedient servant, THE HONORABLE THE PREMIER, MELBOURNE.
RoBT. MuRRAY S:mTII.
(CoPY.)
(Enclosure toP. 84/1066.) HER MAJESTY's AMBASSADOR IN PARrs To THE AGENT-GENERAL
Paris, 17th .March, 1884. MY DEAR
Sm,
I beg you to accept my best thanks for your letters of the 12th ami 13th, and the papers which accompanied them. I am doing my best, but I am sorry to say that I have not founu reason to be more hopeful than I was when I had the pleasure of seeing you here. Believe me, Yours, &c., R. MuRRAY SMITH, EsQ.,· (Signed) I..~YONS. &c., &c., &c.
P. 84/1067.-879/84. THE AGENT-GENERAL TO THE PREMIER.
8 Victoria Chambers, \Vestminster, S."\V., 21st March, 1884. Sm,
*
"\Vith reference to Federation, I have to call your attention to the enclosed copy of letter from the Under Secretary of State for the Colonies in reference to a telegraphic summary, which I learnt had been forwarded by Reuter's Telegram Company to the Colony, of some remarks made hy him on Saturday the 15th instant, but of which I could find no report in the papers. You will notice that it contains an important statement as to the readiness of Her Majesty's Government to pass an Imperial Federation Act during the present session. I have the honour to he, Sir, Your most obedient servant, THE HoNoRABLE THE PREMIER, MELBOURNE.
RonT. MuRRAY S:~IITH.
95 (CoPY.)
(Enclosure to P. 84/1067.) THE PARLIAMENTARY UNDER-SECRETARY FOR THE CoLONIES To THE AGENT-GENERAL.
Colonial Office, Hlth March, 1884. DEAR MR. SMITH,
What I said in the House the other night, on which the telegram you refer to was evidently foundeu, was to the following effect : That the Government had laid on the table, at the request of honorable members, the report of the Pacific Committee, though they did not agree with many of the views and statements therein expressed, and, of course, were in no way responsible for that report. There was, however, one recommendation in which they not only fully concurred, but were disposed to act upon very soon, if they could, and that was, that the High Commissioner should be an official distinct from the Governor of Fiji or any other Governorship, and that they hoped soon to see their way to make a separate appointment. As to the question of Federatiou, &c., I saiu that I wtts informed that, if dw Hesolutions passed by the Sydney Convention were adopted by the different Legislatures of the respective Colonies, I was given to understand that they would be so adopted by June next, or thereabouts, which would give us time, if required, to IJass an Imperial Act giving effect to these Resolutions. Yours truly, (Signed) EvELYN AsHLEY.
R
MURRAY s~riTH, EsQ., C.M.G.
P. 84/1104.-925/84. THE AGENT-GENERAL TO THE PREMIER. 8 Victoria Chambers, Westminster, S.vV., 28th March, 1884.
Sm, In continuation of my letter, No. 881, of the 21st instant, on the above subject, I have the honour to inform you that I have since been enabled, through the courtesy of Lord Derby, to obtain an interview with the French Ambassador. I have trans· cribed particulars of my conversation with him, which I shall transmit, after revision, by next mail. It was so far satisfactory that he appeared impressed by the gravity of the situation, and undertook again to communicate with his Government on the subject.
*
I have, &c., RonT. MuRRAY SMITH.
THE HoNORABLE Tm; PREMIER, MELBOURNE. P. 84/1000.
TELEGRAM. THE AGENT-GENERAL TO THE PREMIER.
London, 17th April, 1884. French Transportation.-Rosehery made speeches. The Times articles, letters, great effect. Believe time has arrived fresh united pressure, Colonies, British Government. France apparently obstinate, but Bill delayed.
P. 84/1001. TELEGRAM. THE PREMIER OF QuEENSLAND TO THE PREMIER OF VICTORIA. Biisbane, 21st April, 1884. I have just received report of vVestern Pacific Commission, and have instructed Agent-General, by cable, to protest against the interference with Colonial affairs as recommended by the Commissioners. Last ·week promulgated most stringent regulations for governing the Island Labour Trade, and are determined to suppress abuses. I hope you will instruct your Agent-General to support this view. I have wired Major Atldnson asking when we may draft Bill for exclusion of French Criminals. Necessity for strong action is shown by European telegrams of last few days. No. 38,
N
96 No. 84/921.
TELEGRAM.
THE PREMIER oF VIcToRIA TO THE PREMIER oF QuEENSLAND. l\felbourne, 22nd April, 1884. My Pacific Report was delayed accidentally, and I was in very aet of reading it when your telegram arrived. If you will send me ipsissima verba ofyour telegram, I shall gladly consider if I can join you ; but I think separate action on this and kindred subjects should he avoided. Any notes or telegrams to England should he first coneurred in by all the Colonies, and be identic in form and time; or, better still, one message should he sent in name of all. The Convention Committee is the proper medium, and will keep the Federal idea well to the front. Same principle should he I am sending circular adopted in dealing ·with Colonial legislation 1·e recidivistes. telegram to the various Premiers re the 1·ecidivistes question, and quite agt·ee with you that a determined stand must now be taken, but without precipitation.
No. 84/956. CmcuLAR TELEGRAM To THE PREMIERS OJ!' AusTRALASIA~ CoLo~ms FROM THE PRE~IIER OF V ICTomA, AS CHAIRMAN OF THE Co:M3HTTEE OF PnE~IIERS APPOINTED BY THE AUSTRALASIAN CONVENTION Ol!' 1883. Melbourne, 24th April, 1884. Recent London telegrams re Recidivistes Bill nmv hefore French Legislature indicate that Colonies have little to hope in way of modification of Bill hy French Government, or that any decided action 1viH he taken by Imperial Government to avert the dreaded consequences which must inevitably follow the coming i11to operation of such an outrageous proposal. I think an emergency has arisen such as was in the mind of the Convention when it delegateu to us the duty of ·watching over matters relating to sul)jects discussed hy it. Upon no sul~ject was it more determined than upon that of protecting these Colonies from heing made the receptacle of the worst criminals of Fram~e. As \Ye shaH he called upon by the people of our respective Colonies to submit legislation and to take concerteu aetion in the matter, I shnll he glad of an expression of your views as to the most desirable course to he pursued. Inform me if you think it desirable to convene Committee, and, if so, where and when. (Signed) JAMES SERVICE, Chairman of the Committee of Premiers, Melbourne.
TELEGRAM. P. 84/1045. THE PREMIER 01!' QuEENSLAND TO THE PREMIER oF V rCTORIA. llrisbane, 24th April, 1884, My telegram to Agent-Genernl was as follows :-" \Vestern Pacific Heport received. Stringent regulations promulgated. l\Iake protest against interference with Colonial affairs. Colonial Government firmly determined suppress abuses." Some of' this was in code cypher. JHnch of my time has heen occupied in investigating the abuses of the trade, ami, as the result, regulations, which will be strictly enforced, were published last week. They cover nearly all the ground recommended by the Commissioner, and, in some respects, go further. I regard the proposal to take the business out of our hands (except as last resort, and after we have shown our unwilling·uess or inability to purify the traffie) as a serious interference with our rig·ht of self~govermnent. This is a matter almost exclusively regarding Queensland, and in which, for the credit of the Colony, prompt action was necessary. \-"Vith this exception, however, I am disposed to agree with the report, which does not much, if at all, exag-gerate the abuses as they have come under mv own notice. • u
97 You will remember that I did not agree to the c.wnduct of the Labour Traffic being given to the Federal Council. As to the recidivistes, if New Zealand Bill is not in a forward state, I propose to have one drawn at once. It is import:mt that we should be l)rcpared to bring it forward as soon as Parliament meets, and that the intention of a l the Colonies to do so should be made known as soon as possible. Time is passing, and much more may be taken up with negotiations before we agree to a unifonn Bill.
TELEGRAM.
P. 84/1046. THE PREMIER
Q]'
TASMANIA TO THE PREMIER OF VICTORIA. Hobart, 25th April, 1884.
Latest news which I have seen, "London, April 20th," seemed f:worable as to Berenger's Bill or severe modification of present measure. If your advices are that no modification to be expected, I think a meeting of Committee should take place in Melbourne at as early date as all could attend. Tasmania will join in any hearty united Protest or Resolutions. In view of great inconvenience to remote Colonies, as we are unanimous on Convict question, Protest and Resolutions might be agreed to by telegraph if New Zealand and Queensland cannot attend, hut I will join heartily in either course-a meeting being preferable, if practicable, although personally highly inconvenient, as we are very busy preparing for Parliament.
P. 84/1050.
TELEGRAM.
THE PREMIER OF QUEENSLA....'ID TO THE PREMIER OF VICTORIA. Brisbane, 25th April, 1884. Your circular telegram received. It would be quite impossible for me to attend meeting of Committee. I adhere to my opinion, previously expressed to you, that the best and most practicable course is to submit to our respective Legislatures stringent Bills for preventing the landing of French criminals, and let it be made known at once that this is our fixed intention.
P. 84/1100.
TELEGRAM.
THE PREMIER OF SouTH AusTRALIA TO THE PRElHER OF VICTORIA. Adelaide, 29th April, 1884. Recidivistes Bill.-I agree that some form of united action should be taken, and suggest that you should draft telegram, for transmission through Governor of each Colony, expressing determined opposition of Governments to French proposals. Very inconvenient to meet at present, but will, as far as possible, join in any action that may be agreed on. P. 84/1128. TnE PREMIER OF NEw SouTH W.ALEs To THE PREMIER OF VICTORIA. Colonial Secretary's Office, Sydney, 1st May, 1884. DEAR MR. SERVICE, I received a few days ago your telegram in regard to the important question of the Recidi-viste Bill now before the French Legislature. I have to apologise for not having written to you before. ·while I hold just as strong views as you can possibly do \lith regard to the danger to these Colonies of having a large body of ]\'[y
98 these criminals settled at New Caledonia, I yet do not see that any good would be derived from the calling together of the Committee appointed by the recent Convention. I think that we can do all that is requisite by correspondence, while the assembling together of the Premiers of the various Colonies would tend to irritate those who are opposed to the conclusions which the late Convention arrived at, and such meeting might be misinterpreted into an assumption of power on our part, as a quasi Federal Council, which, I am sure, is far from the intention of each one of us. I would be prepared to face all this, in view of the great issue at stake, if we had any differences of opinion to be reconciled ; but, seeing that our views upon this subject are entirely in unison, I am persuaded that that which we wish to obtain can be as perfectly and more promptly effected by correspondence. I think that each of us should address rt minute to the Governors of our respective Colonies, with a view to its being forwarded to the Secretary of State, urging again, in decided lmt temperate language, that the Imperial Government should press upon the French authorities the great grievance of which we so justly complain. I venture to think that remonstrances of this kind going from each Colony, and reaching the Secretary of State nearly simultaneously, are more likely to impress upon him the urgency and importance of the cri13is than representations made through the Agents-General. These latter, although valuable aids in fhe cause, cannot, as it seems to me, speak ''rith the same weight which wonld be attributed to the utterances of the various Premiers of the Colonies speaking, under n, sense of responsibility, the views of their respective Colonies, and together forming the united voice of Australasia. Lord Augustus Loftus has just returned from a visit to Norfolk Isln,nd, paid in his official capacity, and I propose immediately to address to him such a minute as I have indicated, in order that it may go forward by the present P. and 0. mail ; and I propose to ask him to telegraph the main purport of it to the Secretary of State. I remain very faithfully yours, ALEX. STUAR.T.
No. 84/1047.
TELEGRAM.
TnE PREMIER OF VICTORIA TO THE PREMIER oF NEw SouTH WALES.
Melbourne, 2nd May, 1884. I-'etter of yesterday received. Personally, I concur in your views, as do some of the other Premiers. Inquiry about convening Committee merely to elicit opinions. I have now replies from all but New Zealand, and suggest you postpone forwarding memorandum to Governor till Orient mail next week, so that all Colonies may join in identic note. Reply early if you concur.
P. 84/1144.
TELEGRAM.
THE PREMIER OF NEW ZEALAND TO THE PREMIER OF VICTORIA.
'Vellington, 3rd May, 1884. French Convicts.-Regret absence self and colleagues from Wellington delayed reply. Carefully considered position. Cons:llte? W~itaker. .B~l~eve u':desirable Committee assemble, and that should await final form ReCid1v1ste Bill before attempting overt ac~iou, but think most desirable ~olonies ~gree upon B~ll, ready introduced any Parliament whenever emergency anses. "\Vlntaker preparm~ such BilL * * * * * * Hope forward draft fortnight.
99 No.
84/1060.
TELEGRAM.
THE PREMIER OF VICTORA TO THE PREMIER oF NEw SouTH WAr.Es.
Melbourne, 5th May, 1884. I send belovY the draft of a circular telegram which I propose to issue. Before despatching, however, I should be glad of your concurrence or amendment. Can you reply to-day ? Concerted action in a telegram will, I think, suffice for the present. As to a memorandum to the Governor, that can be left to the individual Governments. The following is my proposed telegram :Cit·cular.
The P7·ernier
o/ --.
Replies to my last circular favour two things. First, an immediate hearty identical protest against Recidivistes Bill to be forwarded through respective Governors by telegraph. Second, preparation of stringent Rill for introduction to Legislatures should French Bill pass. I propose the adoption of the following identic telegram The Government of - - protests emphatically against the passing of the Recidivistes Bill through the French Le!rislature, so far as it applies to the "\Vestern Pacific, and desires the fmperial Government to further earnestly press on the French Government the grievous wrong which such Bill, if passed, would inflict on these Colonies."
P. 84/1169.
TEI.EGRAM.
THE PREMIER oF NEW SouTH W Ar.Es To THE PREMIER oF VICTORIA.
Sydney, 6th May, 1884. On consultation, prefer the following for identic telegram :-"This Government most earnestly urges upon Her Majesty's Government to use its utmost influence with the French Government against the action of the Recidivistes Bill, so far as it applies to the ·western Pacific, by which a grievous wrong would be inflicted on these Colonies, suffering, as they now do, by the frequent arrival of expirees and escaped convicts from New Caledonia. This action, if persisted in, cannot but be considered by these Colonies as an unfriendly act towards them on the part of the French Government."
P. 84/1170.
TELEGRAM.
THE PREMIER OF NEW SouTH WALES TO THE PREMIER OF VICTORIA.
Sydney, 6th May, 1884. I fail to see to whom our protest can be addressed with effect, and therefore I would suggest the following:-" This Government most earnestly urge upon the Imperial Government to make emphatic protest to the French Government against the passing of the Recidivistes Bill, so far as it applies to the Western Pacific: by such a grievous wrong would be inflicted on these Colonies, which already suffer from the frequent escapes of convicts from New Caledonia."
P. 84/1077.
TELEGRAM.
THE PREMIER oF V ICTOHIA TO THE PREMIER OF NEW SouTH WALES.
Melbourne, 6th May, 1884. Your two telegrams received. Have adopted the proposal of your second. You will receive my circular telegram separately.
100 No. 84/1072.
•
CIRCULAR TELEGRAM.
THE PREl\'IIER oF VICTORIA TO THE PREMIERS OF AusTRALASIA.
Melbourne, 6th May, 1884. Circular.-Replies to my last circular favour two things-First, an imme~ diate, hearty, and identical protest against Recidiviste Bill, to he forwarded through respective Governors by telegraph; second, preparation of stringent Bill for introduc~ tion to Legislatures should French Bill pass. I propose the adoption of the following identic telegram. Kindly reply, if approved :" This Government most earnestly urges upon the Imperial Government to make emphatic protest to the French Government against the passing_ of the Recidivistes Bill, so far as it applies to the 'Vestern Pacific. By such !:Sill a grievous wrong would be inflicted on these Colonies, which already suffer from the frequent escapes of convicts from New Caledonia."
No. 84/1079.
TELEGRAM. THE PREMIER TO THE AGENT-GENERAL
Melbourne, 7th May, 1884. Transportation.-Protest by all Colonies in preparation. this week.
P· 84/1202.
May be despatched
TELEGRAM.
THE PREl\UER OF NEW ZEALAND TO THE PREl\UER OF VICTORIA.
'Vellington, 7th May, 1884. Agree sending identical telegram, but think very important base objection widest possible grounds, therefore prefer omit all after word "Pacific," substituting following :-" Because certain operate most prejudicially Australian Colonies, and probably with fatal effect upon Aboriginal peoples." Will, however, accept your proposed message, should majority approve.
P. 84/1201.
TELEGRAM.
THE PREMIER OF SouTH AusTRALIA To THE PnE~nER oF VICTORIA.
Adelaide, 7th May, 1884. This Government approves of form of telegram suggested, and will forward same on hearing that it is to he adopted.
P. 84/1200.
TELEGRAM. THE PREMIER OF TASMANIA TO THE PREMIER OF VICTORIA.
Hobart, 7th May, 1884. know.
Proposed message approved ; if any modification agreed on, please let me Also when it is intended identical telegram should be transmitted.
101 P. 84/1199.
TELEGRAM. THE PREMIER OF QUEENSLAND TO THE PREMIER OF VICTORIA,
Brisbane, 7th May, 1884. Your circular of yesterday.-It appears to us that the proposed telegram does no more than repeat individually what has already been done collectively, and there· fore more effectively, by the Convention. Moreover, we know that the Imperial Government are doing their utmost in the matter, and it appears ungracious to urge them to do what they are already doing. In our judgment, the most effectual course to adopt would he to let it he known, through Reuter's agency and the Agents· General, that the Colonies have agreed, in the event of the Hecidivistes Bill becoming law, to introduce stringent measures to discourage all intercourse with K ew Caledonia. This can be done, not as a threat, but as an announcement of a settled deterrnination.
P.
84/1207.
TELEGRA:\L
THE PREMIER OF NEw SouTH "'\VALES To THE PREMIER oF VICTORIA.
Sydney, 8th :Niay, 1884. Copy of telegram sent by His Excellency the Governor to the Earl of Derby, 7th instant This Government most earnestly urge upon Her Majesty's Govern· ment to use its powerful influence with the French Government to arrest the further progress of the Recidivistes Bill, so far as it applies to the Western Pacific. This Bill, if persisted in, will cause serious injury to these Colonies, already suffering by the frequent arrival of expirees and escaped convicts from New Caledonia, and cannot but he considered hy these Colonies as an unfriendly act towards them on the part of the French Government."
P. 84/1205.
TELEGRAM.
THE PREMIER OF NEW ZEALAND TO THE PREMIER OF VICTORIA.
Wellington, 8th May, 1884. Convicts. -United action heing highly desirable, sug~est your compliance joint request other Colonies send telegram through Governor "\ ictoria.
P. 84/1221. THE Pn.EMIER OF NEw SouTH WALES To THE PREMIER OF VICTORIA.
Colonial Secretary's Office, Sydney, 6th May, 1884. MY DEAR MR. SERVIcE,
I enclose you copy of my minute to His Excellency, which, I think, embraces the chief points for consid.erntiou of the Government at Home. The reasons for my alteration of the telegram to-day were 1st. I d.o not think that the word "protest " is a good one to use either to :Fra_nce or to England. It appears a strong word, hut is so only when It can he backed np by deeds, and, as between two nations, means an ultimatum, \Yhich we are hardly iu a position to offer. 2ndly. I have just become aware that we are receiving by the l\fessao·eries steamers from New Caledonia certain expirees (nine arrived last steamer), besid.es the escapees who come by boats, &c. I therefore wished to include them and point out the unfriendliness of the action. I have invited the Governor to send it home at once, and the minute by Orient mail. I remain, Yours very faithfully,
by
ALEx. STUAR'r.
102 (Enclosure to P. 84/1221.) Colonial Secretary's Office, Sydney. :MINUTE pAPER.
SUBJECT :-FRENCH CRIMINALS OR "RECIDIVISTES" BILL
I desire to lay before His Excellency some remarks relative to the above subject, with a request that he would be good enough to forward them to the Secretary of State, so that they may be brought under the notice of Her Majesty's Government. This Colony views with the greatest alarm the sending of large numbers of criminals to the French settlement of New Caledonia, and possibly to other Islands of the Western Pacific, which it is understood forms part of the scheme in the Bill now before the French Legislature. Already the Colony is put to great trouble and expense by the French escapees from New Caledonia. It is no unfrequent occurrence for several of them to escape the vigilance of the French authorities, and, seizing a boat, to land upon this coast, sometimes in a state of extreme destitution, when they immediately come under the notice of our police, and are detained, or kept under surveillance, until the French Consul obtains from the Governor of New Caledonia an order for their extradition. Sometimes, arriving in better condition, they beg or work their way to our towns, where they swell the criminal class, as is attested by many of them being found in our gaols, while probably a larger number elude the vigilance of our police, and continue to live a lawless and vicious life. I enclose herewith a memorandum from the Inspector-General of Police, showing those cases which have come under his notice. I enclose also a letter from him, with a report from a detective whose special duty it is to watch this traffic, pointing ont that it has now assumed n new shape in the arrival by the French steamer of nine of these criminals, who, having performed their sentences, are apparently induced to leave New Caledonia, although not permitted to return to France. These persons take refuge in this Colony, and form a most undesirable class for us to receive. If we suffer so much under the apparently limited deportation of French criminals to New Caledonia, is it any wonder that the Colonists should view with the utmost alarm and make the strongest and most indignant protests against a proposal that would deluge New Caledonia with criminals to such an extent as would force them, no longer by twos and threes, but probably by hundreds, to seek refuge on this coast? It is often assumed that the distance of New Caledonia from Australia (about 1,000 miles))renders it a matter of extreme difficulty to get from the former to the latter; but there arc many parts of the year during which the prevailing winds, smooth sea, and fine weather enables a voyage to be made iu an open boat with comparative ease and safety. It will be remembered that, in former days, these Colonies made strenuous efforts, which, after a long struggle, were successful, in freeing themselves from the contaminating influence of English criminals; and the prospect of the danger arising from being made the receptacle of escaped or semi-pardoned French criminals causes them to speak out as with one voice against the threatened danger. The Colonies cannot appeal direct to France, but they do appeal in the very strongest manner to the Imperial Government to use its high influence in remonstrance with the French Government against a policy fraught with such disastrous consequences to these Colonies, and which must, in the long run, involve EngLnnd and France themselves in complications and difficulties which cmmot then be easily settled. I enclose copies of correspondence which has taken place between myself and Mr. Service, the Premier of Victoria, with regard to this subject. ALEX. STr:ART.
6th May, 1884.
108 (Enclosure No. 1 to P. 84/1221.) M:rnnoroLITAN DISTRICT.
Return of Suspected Escapees or Expirees from New Caledonia resident in above district, 9th February, 1884. Description.
Nrune.
Antcce
Occupation.
Age.
Address.
. ht. Hmg
Eyes.
Hair.
Complcxion.
--------------·---·l--i-l-----1----·----------------ft. in.
Antona, George ... 2 Little Hay-street...
30
5 6
Grey
Fair
Sallow Organ-grinder
Armand, John llarrot, Henry
... ...
27 30
5 6 5 3
Black Black
Black Black
Dark Dark
Beiller, Emile ... l37Woolloomooloo-st. Blanc, Jean . .. l45.Woolloomooloo-st. Camille, Henri .. . I \Vexford-street . ..
47 42 35
Fair 5 7 Blue 5 5 llrown Black 5 6 Ci rey Fair
Sallow Carpenter ... Sallow Laundryman .. . Fresh Barber .. .
Cape!, Elphege . .. 222 Pithtreet
37
5 4
Blue
Fair
Fair
Cook ...
24
5 6
Cirey
Dark
Dark
Ice-creamseller
l year in the Colony-Supposed escapee A native of Paris, was for several years in New Caledonia Spaniard-Expiree A runawaw from s.s. Caledo11ia in Sydney 5 years in the Colony-Expiree I~ years in the Colony-Expiree A native of Burgundy, and was several years in N oumea Frenchman. Has been lO years in New Caledonia and 3 in N.S. Wales. Several years in New Caledonia
Fair
Fair
Seaman
...
Several years in New Caledonia
Antomorchi, Louis
Judge-street
.. . 152 George-street .. . 48 Francis-street
Carliza, Peter Augusta Chiarz, J ulius
52 Ultimo-street
40
...
6 0
Brown Black
Dark
5 7 Grey
5 Cutler's-lane, off 30 George-street south Chomatti, Jean .. . 145\Voolloomooloo-st. 51 Cluny ... .. . 5 Burrahpool-street... 40 152 George-streot .. . 37 Cortes:, Raymond Darbard, Frederiok 7 Woods-street . .. 34
5 7 Brown Black
Domonge, Charles
6 Rowe-street
Brown Black Dark Shoemaker Dark Brown ISallow Laundryman ...
5
Black
Dischamps,Michael 8 Queen's-plaee ... Dumas, August , .. ,Judge-street .. . . .. Dupleix, Jean ... 39 Nithsdale-street ...
61 45 40
5 7
Funel, Henry
5 6 5 4
0 5 7
ll
.. . :t'untina, Jean .. . Georgin, Achille ... Goddard, Emile ... Gorgene ... . .. Gregorie, Harmont lm bert, PhiliJ) ...
9 Burnell-lane 52 Ultimo-street 5 Gordon-street J-udge-street .. • 156 George-street 8 Queen's-place 18 North-street
... ••• ••• . .. .. . .. , .. .
45 25 49 36 28 27 44
Kline, Edward ... Leclere, J oseplt Napoleon .. . Leslie, Peter Lopay, Michael .. . Louis, J ules ...
Judge-street .. . North-street .. .
... ...
35 35
5 6 5 8
2Little Horn·street ••• 36 152 George-street •. . 43 43 Mill-street ... 30
5 6 5 8
5 7 5 7 5 4 5 6 5 8
5
0
5 7 5 10 5
9
47 35
5 lO 5 ll
60
5 6
... :32 35 ... 45
5 6 5 8 5 7
Remy, Ailhand ... 8 Millers-road ... 39 Rezerainski, Sevenz 8 Millers-road ... 34 Saltartiez, Charles 5 Cutler's-lano, off 36 George-street south Selinger, Eu~ine ... 9 Judge-street ... 45 Shencl, LouiS or 10 Burnell-lane ... 35 Febre St. Paul .. • 156 George-street :34 Talvel!t, Jean ... 10 Bnrnell-lane 37
5 7
Tolliada, Louis ...
lO Victoria-place
...
55
.. .
5 4 5 ll
5 7
••• ...
... .. .
5 9
35
Monchay, Leon ... 74 Turong-street Man (name un232 Sussex·street known) Man (name un18 North-street known) Pacent, Edward ... 3 Burnel!-laue Paris, Jean ... Judge -street ... Pascal, Franeois ... 45 Mill-street
Cook ... None ...
. ..
Laundryman .. , 3~ years in this Colony Join<}r. .. . .. Expiree Spanianl-·Expiree Enginedriver Cook... ... 11 years in the Colony, living honestly . .. Resides witlt a French prostiDark Dark Dark Cook ... tute, & about I year in Sydney ... l<'rench-Expiree Brown Grey Florid Dealer Brown Black Sallow Locksmith . . . 6 years in Colony-Expiree .. . Came to this Colony from Sallow None ... Grey Fair Queensland about 12 mouths ago Blue Black Sallow None ... . .. Expiree ... Several years in New Caledonia Grey Dark Dark Seaman French polisher Keeps company with ex)?irees Blue Fair Fair Sallow Laundryman.,. 4 ye11rs in Colony-Expll'ee Fair Blue . .. French-Expiree Dark Dark Dark Artist... . .. French-Suspected escapee Brown Brown Sallow Cook ... Dark Dark Sallow Shoemaker ... French. 12 years in New Cale· donia and 2 in N.S. \Vales I Black Sallow' Laundryman ... 2~ years in Colony-Expiree Blue; Came to this Colony from New Grey Fair Sallow Street fruit Caledonia about 3 months ago seller Grey Dark Sallow Organ-grinder 14 ye,
Grey 5 7 Black 5 7 Circy
5 11
...
Mattie, Gustave ... 9 Bnrnell-lane ... 40 Measine, Antonia 136 Riley-street .. , 44 Meehain, Louis ... John-street, Pyrmout 40
Labourer
5 11
Black Black lllack
Dark Dark Dark Da1·k
5 7 Black
Black ; Dark Rlack Dark
5 5 Grey
Dark
8
4 years in Colony-Expiree
2:!: years in Colony-Expiree
Store man ... French Fruit dealer ... 1:1, years in Colony, living in a brothel ... Paris. Several years in New Crtlcdonia
(Signed)
G.
READ,
Superintendent. The Inspector-General of Police.
No.
38,
0
104 (Enclosure No. 2 to P. 84/1221.) Police Department, Inspector-General's Office, Sydney, 28th April, 1884.
SIR, I have the honour to submit herewith, for the Colonial Secretary's information, copy of a Detective Report respecting nine expirees from New Caledonia who arrived in Sydney by the Messageries Maritimes steamer Dltpleix. I have, &c., (Signed) EmruND FosBERY, Inspector-General of Police.
Tm;
PRINCIPAL UNDER-SECRETARY,
&c.,
&c.,
&e.
SUBJECT: RE FRENCH CRIMINALS. Detective Office, Sydney, 26th April, 1884. 1. Bournigal, 40 years old, pn.inter and decorator~ 2. Ambach, 35 years old, wate-hmaker. 3. Georgeni, 38 years old, labourer. 4. St. Paul, 30 years old, kitchen man. 5. Bomli, 35 years old, fishmonger. 0. Ya.chn, about 35 years, no profession. 7. Rocquelin, about 30 years, no profession. 8. Hirsch, about 30 years, no profession. 9. Essartel, about 35 years, no prof~ss!on,
Detective J. P. Roche reports, for the information of the Inspector-General of Police, that nine Frenchmen, expirees from the Penal Settlement of New Caledonia, have recently arrived in Sydney by the Messageries Maritimcs steamer Dupleix, whose names, age, and profession, so far as it is has been possible to ascertain, are mentioned in the margin. Among;;t the GO passengers who left N oumea on the last trip of the Dnpleix, many of them were cxpirees, and may be classed as follows : 1st. Those whose sentence (under 7 years) when completed allows them to return to Ftance. 2nd. Those whose sentence (7 years or above) can never return to France,. but are allowed to leave Noumca conditionally only. It is amongst the last-mentioned that arc found those criminals generally known as Recidivistes, and undoubtedly the worst of their kind. J. P. RoonE. (Signed)
To THE INSPECTOR-GENERAL OF PoLicE, SYDNEY,
P. 84/1222. THE PREMIER oF NEw SouTH '\-VALEs To TIIE PREMIER oF VICTORIA.
Colonial Secretary's Office, Sydney, 8th May, 1884.
MY
DRAR
Mn.
SERVICE,
My attention has been drawn to a paragraph in my letter to you of 1st instant, which might be misinterpreted into conveying an idea that there was a party here opposed to the view taken by the Convention in regard to the French Recidivistes Bill. The paragraph I refer to was intended to allude to those who were opposed to the conclusions arrived at in regard to a Federal Council. I am happy to say that there is no party here opposed to the view we took with regard to the French criminals, but, on the contrary, I am persuaded that, in all that I have "Titten on this subject, I have expressed the unanimous views of the whole community. I remain, Yours very truly, HoN. JAS. SERVICE, PREMIER, VICTORIA.
P. 84/1224.
ALEX. STUART.
TELEGRAM. THE PREMIER OF QUEENSLAND TO TilE PREMIER OF VICTORIA.
Brisbane, 9th May, 1884. We will, of course, not oppose our opinion to the unanimous opinion of the other Colonies. But I still think that we ought formally to recognise the efforts that haYe been made by the Imperial Government to further our views. I sugg·est to
105 msert "continued" before "emphatic." I shall he out of town to-morrow, hut will ask Governor on Monday to Rend telegram. vVouJd you have any objection to notification suggested by Queensland alone, if the other Colonies do not agree to it? I do not quite understand your second telegram.
No. 84/1117, 1118.
TELEGHA}l.
THE PREMIER OF VICTORIA To THE PnEMIERS AND TASMANIA.
m'
SouTH AusTRALIA
Melbourne, lOth May, 1884. All Colonies now agreed. On receipt hereof, please des1mtch, through Governor, telegram as written in my circular telegram of 6th May. Queensland suggests introduction of word "continued" before "emphatic," which we think improvement, and will insert in ours. No. 84/1119. TELEGRAM FROM THE PREMIER OF VICTORIA TO THE PREMIER OF NEW ZEALAXD.
Melbourne, lOth l\Iay, 1884. All Colonies now agreed. On receipt hereof, please despatch, through Governor, telegram as written in my circuhn· telegram of 6th May. Queensland suggests introduction of word "continued" before "emphatic," which we think improvement, and will insert in ours. I could not well discuss your suggestion with other Colonies without great delay, so think it better to let it go as originally proposed.
No.
84/1120. THE PREMIER TO Hrs ExcELLENCY THE AmnNISTRAToR OF THE GovERNMENT.
Premier's Office, Melbourne, lOth May, 1884.
J.lfemorandumfor His Excellency t!te Adm,inistrator qftlw Government. I beg to inform His Excellency that, in my capacity as Chairman of the Committee of Premiers appointed by the Convention lately held in Sydney, I have been in correspondence with the other Colonies on the suhject of the Reeidivistes Bill now before the French Legislature. 2. The Governments of the various Colonies have felt that a protest from them, identic in form and time, would have great weight, and would, at the present juncture, materially strengthen the hands of the Imperial Government in its negotiations on the subject. 3. They have therefore ngreed upon a telegram in the accompanying form, which the various Premiers will submit to the respective Governors of the Colonies for transmission to the Right Honora ble the Secretary of State for the Colonies. 4. I accordingly, on behalf of Victoria, beg to request that His Excellency will he pleased to transmit the accompanying proposed telegram. J AMES SERVICJ<:, Premier. Proposed Teler;ram .frorn His Excellenc!f the Adrninistmtor if tlte Government to the Right Honorable tlte Secretary if State for the Colonies. This Government most earnestly urges upon the Imperial Government to make continued emphatic protest to the French Government against the passing of the Rccidivistes Bill, so far as it applies to the \Vestern Pacific. By such Bill a grievous wrong would be inflicted on these Colonies, which already suffer from the frequent escapes of convicts from New Caledonia.
106 No. 84/1121.
TELEGRAM.
THE PREMIER OF VICTORIA TO THE PREMIER OF QuEENSLAND.
Melbourne, lOth May, 1884. I think your suggestion to insert 'vord " continued" a decided improvement, and have inserted it in ours, and recommended it to other Colonies. Please therefore despatch telegram as now agreed on.
No. 84/1063.
THE PHE:i\fiER TO THE AGENT-GENERAL.
Premier's Office, Melbourne, May Gth, 1884.
Sm, I have before me your letters quoted in the margin-No. 780, 14th March; No. 881, 21st March; No. 925, 28th March-all of which have been acknow]cdged. 2. I am pleased that you resolved upon the measure of seeing and conversing with Her Majesty's Ambassador in Paris on the subject of the Recidiviste Bill, and I should wish you to take an opportunity of making my acknowledgments to Lord Lyons for the sympathetic manner in which His Lordship appears to have received your representations. 3. I must, however, express deep regret that the Government of France appears to be so impervious to those representations, and that a Free Community, like the Republic·, should have so little consideration for the proper desires of other Free Communities to keep themselves from criminal contamination. I fear that, as you surmise, the influence of the French press is stirring up national jealousy and illfeeling. Should there be yet time when you receive this letter, it would be desirable to point out that the very fact that we make appeals to the French Nation is itself a distinct proof of friendliness. For such appeals could only be made on one of two grounds-viz., either that we fully count upon the spirit of amity to receive and consider them, or as a threat. Since the relations of the two countries have for many years been those of friendship and alliance, it seems to me utterly illogical to place the matter on any other than the forn1er of the two grounds. It would be a great pitv that the settlement which we desire of this matter should be prejudiced by any mistaken supposition of an attitude on our part at all calculated to wound the amonr propte of the French People, and I trust it will he made manifest that nothing of this sort is intendetl. 4. In making these remarks, I am not umlmindful that this important point has ah·eady received your attention, as indicated by your suggesting an alternative plan which might enable France to modify her scheme, so as to meet the wishes of Australasia, without any sacrifice of tlignity. I feel it of importance, however, to c. emphasise the point. 5. Coming now to your confidential letter of the 28th :Mareh, I beg that you will convey an expression of my thanks to the Earls Derby and Granville for their courtesy in obtaining for you direet communication with the French Ambassador. It was very satisfactory that no ceremonial or diplomatic difficulties were allowed to prevent your having an interview with l\1. vVaddington. It marks, too, the increasing importance of your representative position in England. I shall look with interest for the notes of your interview to come by next mail. 6. On the 18th ult. I received your telegram of the 17th idem, from which I gathered that fi·esh united pressure by the Colonies, through Her .Majesty's Govern.: ment, would he advantageous. Your telegram, however, ·was overtaken within a day or two by Heuter's telegram, published in T!te Argus on the 19th ult., intimating that :M. FelTy had announced definitiyely his deci:..;iou to proceed with the Bill. 7. Assuming this Heuter's telegram to he correct, I felt that it altered altogether the position of affairs: and that~ if M. Ferry had really, in disregard of our representations, determined on passing the unaltered Bill, to make any further verbal efforts would on our part be alike useless and undignified, and that now action alone
107 was what was suited to the exigencies of the situation. It appeared to me that an emergency had arisen such as \Yas contemplated by the Convention in appointing a Committee of Premiers to watch over this and other matters, and I therefore, on the 24th ult., addressed to the Members of the Committee a circular telegram inquiring their views as to the most desirable course to be pursued. 8. In the interim further telegraphic intelligence has appeared in the newspapers, indicating that Reuter's telegram was premature in stating that M. Ferry ha.d given his definitive decision to proceed with the Bill, and I find that the replies to my circular telegram (now received from all the Colonies) favour two things-viz., An immediate hearty identical Protest hy telegram through our respective Governors ; and, secondly, the preparation of a stringent Bill, for submission to the various Legislatures in the event of the French Bill being passed. It is probable, therefore, that within a few days a protest (which I have felt it important should he identical) from all the Colonies will be transmitted, as proposed. I shall advise you of this by telegraph. 9. I transmit herewith a copy of Resolutions on the subject of the Recidivistes Bill passed by a Congress of Trades Unions which has lately been held in Melbourne. This was a meeting of delegates from all the Colonies, and, though having no legal or official status, it was, as a representation of popular sentiment, of much import. I have, &c., J AMES SERVICE, R. MunRAY SMITH, EsQ., C.M.G., &c., Premier. AGENT-GENERAL FOR VICTORIA, LoNDON.
TnE PREMIER TO TIIE AGENT·GENERAL.
No. 84/1215.- Co:Nl'IDENTIAL. Premier's Office, 20th May, 1884. Sm, Continuing my letter of the 6th May instant on the subject, I l~aYe now the honour to transmit herewith for your information copy of a telegram which has been despatched to the Secretary of State for the Colonies through each of the Governors in those of the Australasian Colonies which are under Responsible Government. It was intended that the telegram should he identical in terms, as well as in date, but the Government of Sydney despatched its telegram indepemlently, and with phraseology slightly altered, but still practically identical with the others. The copy enclosed herewith is the form which was finally submitted to the other Governments for despatch, and, I have no doubt, duly forwarded. The date of despatch fi·om Melbourne by His Excellency Sir \Villiam Stawell was the lOth instant.
*
4. The Colony of New South \Vales has recently had practical experience of the evils of having a convict settlement in its neighbourhood, no less than nine expirees from New Caledonia having arrived in Sydney by a recent vessel of the 1\:fessageries '--' 1\:faritimes line. This has furnished the Premier of New South \Vales occasion for a very able Minute to His Excellency Lord Augustus Loftus, a copy of which I enclose herewith for your information. 5. The interesting notes of your conversation with JH. \Vaddinston came to hand with your letter of the 4th ult. I sincerely hope that the commumcation which, in result, M:. Waddington undertook to make to his Government will have the effect which we desire. 6. Generally on the subject, I may inform you that our attitude at present is one of suspense. This Government, conjointly with the others interested, has made such numerous and urgent representations as we feel ought to have weight to prevent the passing of this most obnoxious measure. We now wait with intense interest to see whether our representations will he respected or not. Should they be disregarded, this Government, and, there is no doubt, also the Governments of all these Colonies, will instantly proceed to enact legislation of a severe and effectual description.
108 7. If I instruct you, as I now do, to make this known to Her Majesty's Imperial Government, it is not in anywise as a threat, but simply in order that neither the Imperial Government, nor that of France, may be in the dark as to what will undoubtedly be the action of this and, I believe, the other Australasian Governments if the French Recidiviste Bill (having our neighbouring islands still in its schedule) be passed into law by the Republic. I have, &c., JAMES SERVICE,
Premier.
R.
MuRRAY
P. 84/1437.
S::vrrTu,
EsQUIRE, C.M.G., AGENT-GENERAL FOR VICTORIA, LoNDON.
TELEGRAM. THE AGENT-GENERAL TO THE PREMIER.
London, 81·d June, 1884. Recidivistes BilL-Senate Cmmnittee Report unsatisfactory, not modifying materially proposals Assembly except regarding judicial tribunals. Excludes political crimes, admits principle remission after six years, subject good conduct. New Caledonia, Guiana, scheduled.
B7 Authority:
JonN FE:&BEil,
Government Printer, MelboU1'I18.