These Records were copied by the Editor from among the Consular Reports of the Bay of Islands in the Office of the Secretary of State, Washington, U.S.A.

Owing to the immense development of American whaling on the coast of New Zealand, the United States Government, early in 1839, appointed Mr. James R. Clendon, a resident at the Bay of Islands, as United States Consul. His correspondence with the Secretary of State during the early days of the consulate is here given. The outward correspondence, including the correspondence which resulted in the appointment of a consul, is not available.

In copying the Returns some of the material supplied to the American Government has been omitted as not being of special interest from a New Zealand point of view.

The Editor desires to acknowledge the kindness of the Officers of the Secretary of State's Department in permitting the correspondence to be copied.

Clendon to Secretary of State.

I have the honour to acknowledge the receipt of your despatch of the 12th Octr. 1838 with Consular documents by Mr. F. C. Sanford^* and beg to observe that as there is no Government Custom House nor P.O. the formalities of the 2nd Article of the General Instructions cannot be observed. Under these circumstances I will act to the best of ability, guided by the General Instructions until I have the honour of hearing from you.

Clendon to Secretary of State.

Agreeable to the General Instructions now before me I find I am to apply to your department for Seal Flag and Archives there being no Minister or Charge d'Affaires to grant them.

Clendon to Secretary of State.
Consulate of the United States of America,
Bay of Islands, New Zealand, 30th July, 1839.

I have the honour to enclose the return of American Vessels that have entered this Port since January 1st as far as the information could be obtained previous to the receipt of my appointment.

I have much pleasure in stating the Native Chiefs have expressed their readiness to render me every assistance I may require and have when applied to apprehended all deserters.

I regret to communicate the loss of the American ship Atlantic,^* of Warren, R.I., on the 12th June 1839 off Ackaroa Bay on the S.E. part of this coast. Crew saved. The Master, Officers, and six seamen arrived here on the 23rd July in the ship France of Havre, a French Whaler, (the other seamen found employment on board the ships in Ackaroa Bay), necessary relief and assistance has been rendered. One officer and five seamen I have found employment for on board the ships in Port, the Master, first Mate and one seaman I sent home in the ship General Jackson of Bristol R.I.

James Busby Esq British Resident has communicated to me the intention of the English Government to remove the office of Resident to that of a Consul.

Consular Return of American Vessels arriving and departing from the Bay of Islands, New Zealand, from 1st Jan to 1st July, 1839.

Estimated value of cargoes 1,113,310 dollars.

Clendon to Secretary of State.
Consulate of the United States of America

I regret having to communicate the loss of the Brig Brilliant of Warren R. I. Smith Master, on the Coast on the 11th day of June, the Crew and part of the Cargo saved.

The Master mate and two seamen arrived here in a coasting vessel, the remainder of the crew were taken by the American Brig Atlas of Warren R.I. under the same owner as the Brilliant.

The Master I send home in the ship General Jackson—the seamen I have provided for on board the Richmond of New Bedford.

Sanford to Secretary of State.

Agreeable to your Instructions of November I delivered the documents to James R. Clendon Esq, at Bay of Islands, New Zealand, and I forward you his acknowledgements of same with this, as we have many opportunities of communicating with New Zealand direct I offer you my services to forward any docu-ment seals flags &c &c that you may desire to send, free of any page 608 charge to our Government. I found when there, that the Native Government was exceedingly loose and far below any of these Islands in the Pacific Ocean, which Mr. Clendon, no doubt has informed you of. Mr. Clendon is a fine man and will do the duties of his office to the full satisfaction of the department.

Please inform me if all be carried and done properly and fully to your satisfaction.

Clendon to Secretary of State.

I regret to inform you the ship Richmond of New Bedford, John Tucker Master after having been partly repaired was surveyed and condemned as unseaworthy on the 11th August 1839, was sold by Public Auction on the 28th of the same month for ($1670) sixteen hundred and seventy dollars. The cargo consisting of 1250 barrels of sperm oil was sold by the Master by private contract.

On the 17th August a party of British subjects made appli-cation to me in consequence of a house belonging to one of them having been destroyed by the crew of an American ship for the particulars I beg to refer you to the accompanying document.

The village of Kororarika is inhabited by a set of lawless fellows, the greater part of whom are convicts escaped from New South Wales and get a livelihood by decoying seamen from their ship—and shipping them at an enormous advance—on board of any other vessel that may have been in like manner distressed.

The respectable inhabitants addressed a letter to Mr. Bennett thanking him for his praiseworthy conduct in destroying one of the greatest sinks of iniquity in the place.

On the 10th July Thomas H. Jenkins of Orland, State of Maine, who had some months previously deserted from the ship Alpha of Nantucket Congdon Master; applied for relief; he was in a most distressing state for want of medical aid, food and clothes. I placed him under the care of Mr. S. H. Ford, Surgeon to the Church Missionaries where he remained until he was so far recovered in health and strength as to enable him to seek employment and in crossing the Bay for that purpose I am sorry to say was drowned on the evening of the 28th September.

[Enclosure.]
Report of Riot at Bay of Islands.

Statement of the circumstances connected with the destruction of a house belonging to a British Subject at Kororarika in the Bay of Islands New Zealand by a party of armed Americans on the 15th August 1839.

In consequence of a house belonging to a British subject residing at Korararika in the Bay of Islands, New Zealand, having been attacked and pulled down by a party of armed Americans, the British Resident and the American Consul proceeded to the spot, and having investigated the circumstances connected with the proceedings have agreed upon the following statement to be transmitted to their respective Governments.

It appears that the American ship Hannibal of Sag Harbour commanded by Lewis L. Bennett came to an anchor in the Bay of Islands on the 6th of the present month of August 1839, that during the following night John Corney and George Jackson two of the crew who were both shipped at Rio de Janeiro as foreigners, absconded carrying with them all their clothes and property. And that an American youth named Benjamin Savage who was under the special charge of Captain Bennett, disappeared at the same time, having been in the same watch on deck with one of the seamen above named—But that part of his clothes were found in his chest, and his cap, one shoe, page 610 and comforter on the deck, the cap much crumpled—That as there were no grounds for supposing that the said Benjamin Savage had any wish to leave the vessel it was feared that he had been unfairly dealt with by the said John Corney and George Jackson and that considerable anxiety was felt for his safety— That on the morning of Thursday the 15th instant Captain Bennett having seen George Jackson at the house of—Chalk a grogseller at Kororarika required him to proceed with him on board ship when George Jackson entered the House and ascended to the oft by means of a ladder;—that Captain Bennett followed him to the foot of the ladder where he was stopped by some men who were standing about the house, and who told him, with much obscene language, that he should not have the man—That he thence proceeded to the other American ships in the Harbour and requested assistance from their respective commanders to recover his men by force— that he returned to Chalks with two boats and twelve men belonging to his own ship, and accompanied by William Sloan Master of the Ship William Hamilton of New Bedford and John Tucker Master of the Ship Richmond of the same place with five boats and officers and men from their own ships and from other ships in the harbour—that the officers of the ships were armed with pistols and cutlasses, and the men with guns, that they unfurled the United States flag in front of the House, and after Captain Bennett had demanded that the deserters and a bag of clothes which he had identified as belonging to the said deserter, should be given up and having been answered that they were not there, and before he got the man and bag he said were his, blood should be spilt, And after waiting a few minutes he gave order to pull down the house—When the men proceeded to pull off all the weather boards from two to three feet upwards from the ground, so that they could see through the house, when the bag above alluded to, was found containing the deserters clothes and some clothes stolen from the crew. That at this stage of the proceedings the Reverend Henry Williams one of the Missionaries of the Church Missionary Society suggested to one of the Captains, that as they had now shown what they could do, it might be well to stop—that orders to that effect were immediately given, and the men desisted— But at this time Chalk the occupier of the house who had been in a state of insensibility from intoxication on Captain Bennetts first visit to the House, appeared and attacked the party with the most abusive language; when orders were given, and the page 611 work of demolition recommenced—But on the Revd Mr. Williams again interfering and representing that Chalk was only the tenant of the House which was the property of another man, they again stopped—But renewed the attack for the third time, on its being found that a part of Benjamin Savage's clothes were in the bag which had been discovered in the House, and did not desist until they had thrown down the front wall and the ends of the House; the roof being only supported by some of the Gable posts. The owner of the house has estimated the damage sustained by him at Fifty pounds—Two casks of spirits belonging to the tenant were also staved, and the liquor spilled out, and it is also alleged that some property, including the clothes of one of the lodgers, was carried away by some of the seamen.

Clendon to Secretary of State.

I have the honour to enclose the returns of American vessels that have entered this Port for the half year ending 30th Decr 1839.

I am in receipt of a communication from Thomas Brown Master of the ship Adeline of Newburyport then at anchor at Capiti in Cook Strait stating that a Boat belonging to his ship while towing from the shore to the ship a raft of water had been forcibly taken from the crew by an armed party, consisting of eight Europeans and one native of New Zealand, belonging to a shore whaling party at the Island of Capiti.

As such occurrences are not uncommon and not a season passes, but some of our whaling ships suffer more or less by the lawless wretches in the whaling Bays of Cooks Straits, it is a source of regret to me, that not any of our Ships of War have page 612 yet visited New Zealand—and I fear the Surveying Squadron^* have proceeded Southward from Sydney New South Wales— (as they had completed their refit and were ready for sea on the 20th Dec last) and will not call here.

The accounts for the relief of distressed seamen have been forwarded to the proper quarter and drafts given at 35 day sight for the Amounts.

Consular Returns of American Vessels arriving at and departing from the Bay of Islands, New Zealand, from the 1st day of July to the 31st day of December.

Clendon to Secretary of State.

I have the honour to acknowledge your despatch of the 12th February 1839 with my Consular Commission.

Clendon to Secretary of State.

In my Despatch of the 30 July 1839 I had the Honor to inform you of the intention of the British Government to appoint a Consul to this port.

I have now to inform you of the arrival in this Port of H.M.S. Herald conveying Captain Hobson R.N. as Lieut Governor and Consul, with his Staff, a Police Magistrate, Collector of Customs, and Surveyor General.^‡

Enclosed are two Proclamations—the one relative to Capt Hobson's appointment—the other to the validity of Titles to land.

I have also forwarded a copy of the Treaty^* entered into with the Chiefs with a translation attached thereto. Many chiefs have signed the treaty and it is expected the whole will do so.

Headquarters to the Government have not yet been fixed upon but it is the intention of the Lieut. Governor to form four Settlements immediately on various parts of the Island.

Clendon to Secretary of State.

I have the honor to enclose returns of American Vessels that have entered this Port for the half year ending 30th June 1840. Also an Official Copy of the Translation of the treaty with the Native Chiefs referred to in my letter No 6 date 20th February 1840

The British Government have formed several settlements on this (Northern) Island and are preparing to put their laws in force. At present they have only a Police Magistrate and a small detachment of troops at each settlement.

I have received from the Government every assistance required for the apprehension of Deserters and the Lt Governor expresses his readiness to aid and assist the American shipping in every possible way and in the case of a boat having been detained by the Natives belonging to the ship Hamilton of Sag Harbour through some misunderstanding (the Lt Governor) ordered the Troops immediately to the spot and had the boat given up. It was however in many cases a great loss of time to the shipping when Desertions occurred for me to have to apply to the Police Magistrate for a warrant for apprehension which loss of time frequently enabled the men to escape either by coasting vessels on the point of sailing or otherwise, and as there are but few seamen in the Port, vessels have been detained many days I may say weeks before they could fill up their crews. In consequence of which I have been induced to hold page 615 a commission of the Peace from the Lt-Governor until I heard from you on the subject which enables me to issue a warrant for apprehension, the men are immediately arrested, put on board the vessel, and are enabled to sail at the appointed time.

The Exploring Squadron under Commodore Wilkes touched at this Port and I am happy to say succeeded in discovering the South Continent some days before the French Expedition. They sailed the latter part of April all well.

Consular Returns of American Vessels arriving at and departing from the Bay of Islands New Zealand from the 1st day of Jany to the 30th day of June (inclusive) 1840:—

[A mistake had crept into original list, twentynine names being on one sheet and thirty on the other. The error has been put right by an examination of the shipping news from the Bay given by returned whalers at New Bedford.—The Editor.]

Clendon to Secretary of State.

I have the honor to acknowledge receipt of your despatch dated 1st October 1839 accompanied by the Seal, Press, Flag and Arms of the United States

Clendon to Secretary of State

I have the honor to enclose returns of American Vessels that have entered this Port for the half year ending 30th Dec 1840

The accounts for the relief of distressed seamen are forwarded to the proper quarter and drafts given for the amounts—these ac/are heavier than any preceeding ones, in consequence of the number of sick and the destitute state of the crew of the ship Acasta of Stonnington unfortunately wrecked

Consular Report of American Vessels arriving at and departing from Bay of Islands from the 1st July 1840 to 1st Jany 1841 inclusive.

Clendon to Secretary of State.

In consequence of my present residence being so distant from the seat of commerce in New Zealand, I find that it will be hereafter impossible for me to give that personal attention to the duties of the Consulate which they require.

I have therefore the honor to request that my resignation of the office may be accepted by the United States Government and to recommend to its consideration William Mayhew Esquire, Whom I have appointed Vice Consul, a Citizen of the United States, and a Merchant of the highest respectability, as a gentleman qualified in every respect to fulfil the duties of Consul.

In offering my resignation I beg to assure you that I feel deeply impressed with the honor conferred on me by the United States Government.

Clendon to Secretary of State.

The Accounts of this office for the half year ending on June 30th last have been duly transmitted to the proper officer of the Treasury and I have now the honor to inform you that I have valued on you agreeable to instructions in favor of Mr. William Mayhew for the balance due thereon

Consular Return of American Vessels arriving at and departing from the Bay of Islands New Zealand from 1st January to 30th June 1841 inclusive.

Clendon to Secretary of State.

The Accounts of disbursements and receipts at this office on account of the U.S. Government for the half year ending in December 31st 1841 having been forwarded to the proper officer I have the honor to inform you of my having, agreeable to instructions, given drafts on you in favor of Mr. William Mayhew for the Amount of the balance thereof

Mayhew to Secretary of State.

I have the honor to transmit to you the Consular Returns of Ships touched at the Port and Fees^* received at the Consulate from 1st January [? July] to 31st December 1841. The Accounts of monies received and paid at the Consulate on account of the U.S. Government are necessarily postponed in their transmission owing to the Continued absence of J. R. Clendon Esq Consul at the seat of the British Government, distant about 120 miles, of the Legislative Council of which he is a member. The British Government have now assumed the entire Sovereignty of these Islands and have enacted laws and levied Imposts peculiarly harassing to our Citizens and most destructive to their Commercial pursuits, whilst they offer the most marked protection to their own commerce.

Many of our Countrymen are extensively engaged in general mercantile pursuits—some in the valuable Timber trade of the Country and others in that very important branch of our Com-merce the Whale Fishery—for carrying on each of which, lands page 621 have been purchased from the Chiefs and establishments erected at a great outlay of capital but H.B.M. Government here have passed laws which they declare to be now in force, by which they assume to the Queen of Great Britain all lands purchased of Native Chiefs prior to the Treaty with the Natives and during the acknowledged Independance of the Islands of New Zealand, giving to the purchasers only so many acres of land as they may have paid for to the Native Chiefs at the rate of Five Shillings sterling per acre and reserving to itself the right of resuming such portions as it may require; whereas it is too well known that the foresight, talent and industry of our Citizens have given the sole value, as far as it regards the Natives, to the Lands they may have purchased and which the Chiefs to the present time are willing and anxious to confirm to them, declaring (now that they know the intent of the Treaty a copy of which has been forwarded to our Government) that their signatures were obtained without their understanding its purport.

The destructive effect of many of the laws passed here on our Commerce is too general to detail, the duties imposed on produce of the United States varies from Ten to Five Hundred per Centum ad valorem, which our citizens have been and still are compelled to pay even on stocks imported and in hand previous to January 1840 the time of Assumption of Sovereignty by the British Government, a proceeding so manifestly unjust that it is hoped some reparation may be sought for them at the hands of our Government. I must add that after careful examination of the accounts I estimated the loss of one American house alone, on American produce imported previous to any Duties being levied, and depending on the good faith of the acknowledged Independance of these Islands, to be at least $2500 caused by this measure.

Our whaling and shipping interests are deeply affected by the loss of rights and privileges long enjoyed by those engaged in that lucrative undertaking, inasmuch as Establishments on shore exclusively American can no longer exist and numerous Citizens hitherto, fully and profitably employed must either sacrifice their hard earned property or serve where they should be masters — those of our ships which for the last 30 years have frequented the Ports of New Zealand to refresh, refit and whale as being the most central and best adapted to their purposes of the South Sea Islands are now forced to abandon them on account of the prohibition to the disposal of any of their cargo, the assumed possession of all the Timber lands by the British Government, their leaving the repairs of our ships at their mercy and the inferred exclusive right to the Fisheries page 622 within three leagues of the land formerly enjoyed by all Nations.

I am compelled to address you at length regarding the interests of our Countrymen as I find that the Consul has received no instructions from the Government at Washington as to our relative position here with the British Government, and that in his letter he has only cursorily referred to it or to its establishment, which has now been in progressive operation for two years.

Consular Returns of American Vessels arriving at and departing from the Bay of Islands New Zealand from 1st June to 31st December 1841.

[The Benezett, Hoogly, and La Grange are described as barks, and the Emerald as a schooner.—The Editor.]