PORT NICHOLSON NEWS.

New Zealander, Volume 2, Issue 56, 27 June 1846, Page 3

PORT NICHOLSON NEWS.

Accounts were received from Porirua on Thursday, which state that the rebels did not lose a single man in the late attack, and that only one of their number was wounded. They boast that they were on the point of making a second attack when Major Last arrived. They boast also that the party under Kaiparetehau did not exceed sixty men. In consequence of recent events, eight of the intruding natives belonging to the Wanganui tribes who were staying at Ohariu, have joined, Rangihaeata. — Spectator, May 23. The following is the present disposition of the military force statinned in this settlement :— lOO men of the 58th regt are at the camp under Capt Hardy (who has resumed his former post) and Lieut. Page, and 43 men of the same regiment are under Lieut. Herbert at the stockade at the Hutt Bridge ; 78 men of the .58th regt. under Capt Laye and Lieut Pedder, and 74 men of the 99th reg. under Capt. Armstrong and Lieut. Elliott are stationed at tlie camp at Porirua, who are under the command of Major Arney. In addition to the above force there are 9 of the Royal Artillery under Lieut, the Hon. A. Yelverton, and 25 of the Royal Marines from H.M.S. Calliope, under Lieut. Fosbrooke, also at the camp at Porirua. Therft also 34 men of the 58th regt, and 29 of the 99th regt under Capt Russell, at Jackson's Ferry at Porirua. The remainder of the force is in Wellington under Major Last, the senior officer in command. — Ib., May 27. t Yesterday morning, at 7 o'clock, the Te Aro Volunteers had their first general muster, when a hundred and twenty men assembled on the parade ground. They already number one hundred and fifty strong, and it is expected their force will be increased by further additions to their corps. It is intended to form them into two divisions, each division to muster on parade ground every morning alternately during the week, and the whole force to assemble on Sunday morning. They are divided into companies under the command of sergeants, each company keeping guard over the district to which it belongs. The force was formed into line and went through the various evolutions in excellent style. The number of militia at present enrolled is one hundred men. — Ik Great exertions are made by the troops at the Camp to strengthen their position. A breastwork of logs has been thrown np, and the barn at Boulcott's has been taken down and put up within the breastwork close to the other buildings. The sentries have been doubled, and the troops are on the alert every morning before daybreak. The weather has for the last few days, owing to the continued rains, been very unfavourable for their operations, and the Camp is almost knee-deep in mud. The road from 1 the Bridge to the Camp from the same cause is in a miserable state, and nearly impassable for carts ; and something must be done immediately in the way of repairs, if it is intended to keep the communication open between the Camp and the Bridge. The fiiendly natives have constructed temporary sheds of the nikau immediately below the Camp, where they have for the present taken up their quarters. The rebels are still on the other side of the river, and it is reported that they are busily engaged in obtaining supplies of food, by digging up potatoes from their former cultivations. — Ib., May 30. Two of the unfortunate men, wounded in the late conflict in the Hutt Valley, have died since our last publication, making a total of eight killed. Poor Hoseman, Mr. Boulcolt's servant, died on Wednesday last, and was buried on Friday. Sergeant Ingram, of the 58th Regt., died on Sunday afternoon, and was buried yesterday, the Rev. R. Cole performing the burial service. His remains were followed to the grave by several of the 58th and the companies of the 99th at present in the town, salutes were fired over the grave. The deceabed was greatly esteemed.— lndependent, May 27. The natives belonging to Te-Aro proceed to the Hutt ,on Monday. The whole of our native allies intend collecting in the valley by that day, in anticipation of an inroad being made by the rebel natives. During the late attack on the Hutt post, some of the assailantb, armed with tomahawks, entered the hut of Sergeant Norton, occupied by his wife and five little children. The natives ordered Mrs. Norton off with threats, but with true motherly devotion, she refused to

go, not being able to carry her poor infants with her. She also threw what little money she had on the ground before them, and stood over the children. Even these savages were so charmed with her spirit, that they left the hut without injuring any of the family. We have heard the conduct of Sergeant Norton spo - ken of in the highest terms. He appears to have conducted himself during the attack, with the greatest coolness and self-possession.— lb., May 30. Up to four o'clock yesterday afternoon, all remained quiet in the Hutt. On the previous night three large native fires were observed on the hills opposite the entrenched camp. A party of the rebels on the same night between nine and ten o'clock, forded the River in sight of the sentries, but observing the sentries were on the alert they retired. They were not fired upon in consequence of advice given by our ally E. Puni, supported by good reasons. The native allies at the camp have been dissatisfied with the rations served out, which appear to be insufficient. The friendly natives by authority of an order from the officer of the troops at the Stockade, have been removing the potatoes in those parts of the Hutt Valley which are liable to the incursions of the rebel natives. This will remove the inducement to attack the troops there. Of course tbc Government will recompense the settlers for the crops taken out of the ground to supply our allies. — Ib. Several families arrived from the Hutt Valley yesterday afternoon. From them we learn that firing had been going on between the hostile natives and troops during the whole of Monday and yesterday, without any result that we can ascertain. The hostile Natives had taken possession of Welch's Bam, above the bridge, and had burned down the houses of Storey and M'Hardy. We hear that Kumete with twenty other natives, who received arms and ammunition from the Government, have gone over to Rangihaeata.— lb., June 3.

[Prom the Wellington Independent.] We publish a letter addressed by the magistrates of this district to the Superintendent, which has been occasioned by an official letter addressed by him to the Police Magistrate, and which is also published, as the reply of the magistrates without it would be incomplete.

(Copy.) Wellington, 28th May, 1846. Sir.— l have the honor to acknowlege the receipt of your communication of the 22nd inst., inclosing a copy of a letter addressod by you, a? you there inform me, at the request of your brother magistrates, to the officer commanding tlie troops in this district in the following lerms :—: — "It haviug been rumoured that the troops under your command are to remain on the defensive, I am deputed by the magistrates or' this district to represent to you their unanimous opinion that active ope rations should, with the least possible delay, be forthwith commenced against the insurgent natives, so that their pa may be invested and the operations of the force be confined to the neighbourhood of Porirua, "The magistrates are convinced that unless such measures be immediately taken to restrain the incursions of the hostile natives, the friendly tribes will lose all reliance in the support or the military arid will soon become disheartened. "Any further delay will, moreover, doubtless increase the number of the insurgents, and give them confidence in their strength. " The magistrates hesitate not to declare their assurance that the militia, the volunteer corps, and armed natives of tins district will cheerfully afford their aid and co-operation in any way considered advisable for the accomplishment of the above-named objects. " 1 am desired further to add that, should the forward movement now recommended be put in execution, the magistrates feel satisfied that the arrangements now made for the security of the town will be perlectiy efficacious and that no attack ou it will be attempted." I have also perused in the public newspapers of yesterday, a copy of such letter with Major Last's reply, which it appears the magistrates have ordered the clerk of their bench to publish for general information. I cannot but feel deep regret that any of the magistracy should have considered it their duty to address the letter in question to Major Last, without having in the first instance laid their views before the officer to whom his Excellency has been pleased to delegate the functions of government within this district, and without having obtained his sanction and approval to a step of such obvious importance. The total absence of official rule in the mode in which this communication has beeu made, and the position assumed in reference to the direction ot the militia, volunteers, and natiee force, which force must necessarily be directed by the Government alone, renders it necessary that, as the officer to whom and through whom these communications should have been made, I should request you will favor me with au explanation of the reasons by which you have been induced to take the unusual step in question, that 1 may be enabled to lay the same belorehU Excellency for his information. As the letter above quoted is stated to represent the unanimous opinion of the magistrates of this district, and as I have received communications leading me to believe that all the magistracy were not present at any consulation on these matters, will you further favor me by stating by whom such meeting was called, what was the notice g.ven, and who were present? I have likewise to draw your attention to your communication of the 16th nist., in which you gave me to understand that. " in consequence of the state of excitement into which the public mind had been thrown by the occurrences at the Huttthat morning, you considered it imperative that prompt measures should be adopted for the protection of the inhabitants of Wellington, and that you had. therefore, in conjunction with the magistrates named in the margin, (Edwd. Darnell, Esq., and Chas. Clifford, E«-q.,) deemed ii advisable to call outthe volunteer force immediately at command, and that you had at the same time solicited the commander of H. M. Ship Calliope, for the assistance of the small-arms men ot that vessel to patrol the town ..during the night, and permit such or his boats as could be spartd tor thib duty, to remove the women and children wlio were, s»s you were given to understand, ou the beach at l'etoui, awaiting aid from this side of the harbour." lam equally unable without your explanation to acquaint his Excellency why such steps coulu be deemed necessary byjou during my temporary absence from town, when 1 proceeded on the forenoon in question to the scene of action (not more than an hour's ride) from whence auy danger was to be apptehended, and where alone authentic information could be obtained. 1 have further to request you will favor me by stating wtiy m the letter above alluded to you did not nilorm me that you had in like manner j;iven directions lor embodying the militia foice of the district

and that you will be good enough to add in what character you conceived yourself to be then actiug. 1 luve the honor to be, Sir, Your most obedient humble servant,

(Signed) M. Richmond, Superintendent.

Hy. St. Hill, Esq., Police Magistrate, Wellington.

Wellington, 4th June, 1846. Sir,— We, the undersigued Justices of the Peace, consider it incumbent on us, to reply to some portions of your letter to the Police Magistrate of the 28lh ult., acknowledging the receipt of a communication from that officer, which enclosed a copy of a letter addressed by him, at our request, to the officer commanding the troops in tins district. In reference to the expressionof your "deep regret that any of the Magistracy should have considered it their duty to address the letter in question to Major Last, without having, in the first instance, laid their views before the officer to whom his Excellency has been pleased to delegate the functions of Government within this district, and without having obtained his sanction and approval 10 a step of such obvious importance," we conceive that, as our views regarded operations in a part of the district under Martial Law, we pursued only a natural and direct course in ad"dressing the commanding officer of the troops under I whose orders such operations would be undertaken. At the same time, however, as a mark of respect to the highest civil authority in the settlement, we made [ you acquainted with our proceedings, and solicited your support of our recommendations ; nor can we admit that we proceeded, in the " total absence of offii clal rule " respecting similar communications, bej cause we are ignorant ot any rule on the subject. I Our communication was made in the most friendly spirit, and at a moment of urgency and danger, of the reality of which not one person m the community entertained a doubt, and before which official forms must, at all times give way. We beg leave, also, respecttully to disclaim the intention imputed to us of assuming any position whatever in reference to the direction of the Militia, Volunteers, and Native force. We simply assured Major Last, " that those bodies would cheerfully afford their aid and co-operation in any way advisable" for the accomplishment of the object we had in view. That object was to prevent the distress, rum, and dispersion of the settlers, caused by the rebel natives ; and a consideration of the present disastnous state ot the settlement, much aggravated since the date of our communication, compels us to maintain and reiterate our opinions upon tlutt point. In respect to the unanimity of opinion amongst the | Magistrates on thesubjeet of our letter to Major Last, and the manner in which the meeting took place, the Police Magistrate has communicated to us the j explanations he has transmitted to you on these points, and we can confirm their correctness We are, likewise, anxious to express our full sense of the propriety of all measures to allay the alarm of the inhabitants, and provide for the safety ot the town on the day of attack on the camp in the valley, of the Hutt, adopted by the Police Magistrate, in conjunction with .two other Justices of the Peace, during your prolonged and uncertain absence. From the tenor of your communication we are led to infer that in making the Representations we did, we went beyond the sphere of our duty as' Magistrates, and, therefore, we beg leave to state our reasons for having done so. We believe that, as Magistrates, or more correctly, as Justices of the Peace, we were appointed for the purpose of keeping the Queen's peace. By reference to authority on the subject it will be seen that the original appellation of a Justice was" Conservator, warden, or keeper of the peace," and we are told that our first duty is to conserve the peace, whether as regards civil commotion or a foreign enemy. Any step, therefore, taken by a Justice of the Peace, by aif.»rding uitormation of any intended breath of the peace by any part of the community, or by the designs of any rebels, or of any public enemy is strictly within the letter of his commission. He is bound to take any step of this kind in the faithful discharge of his duty, in compliance with his oath as a Justice, as well as by virtue ot his loyalty as a subject. This is our view of the position function and duty of a Magistrate at home, and we believe that no Ordinance of the colony in any way alters our position, as we have described it, deprives us of any of our functions, or absolves us from the performance of any of our duties. If, however, we are in error on this subject, and if, therefore, at a crisis to the public welfare, like that which impelled us to address Major Last it should be held that we exceeded our commission, or, indeed, that we were not obliged {by lorceofthem, and from anxiety for the safety of the settlement, to to do as we did, our title of Magistrate is an empty sound, and our retention of the office a delusion on the public. We have the honor to be, Sir, Your most obedient servants.

(Siyned) W. Wakefield, Ed. Danirll, Chas. Clifford, Henry W. Petre.

His Honor the Superintendent, &c, &c, &c.

* The Magistiat es of the district who were not present at the meeting -when the letter of the 22nd of May was addressed to the Superintendent, are Mr. Hogg, Mr. M'Donogh, 'Mr. Swainson and Mr, Clifford. The first being Collector of Customs, lias never been in the habit of taking a place onjthe Bench ; the second was at Taita, in command of the company ot militia stationed there, and Mr. Swainson, holding her Majesty's commission in the Army on halt-pay would not have taken part in the discussion that then took place. The meeting was not called by any notice, but was held on the emergency of the moment and the Justices present were those who have replied to the Superintendent's lettei, to the Police Magistrate, with the exception of Mr. Clifford, who had previously expressed his opinion to be in accordance with theirs.