ORIGINAL CORRESPONDENCE.

New Zealand Spectator and Cook's Strait Guardian, Volume II, Issue 90, 10 June 1846, Page 2

ORIGINAL CORRESPONDENCE.

To the Editor of the New Zealand Spectator. Sir, — As some attempt has been made to impugn the statement contained in a leading article published in the Spectator.oi last Wednesdayrelative to the Hutt road, I beg to state that I am the person who made the offer to Major

PiVhmond to put the road between Wellington j !U- Hntt Bridge in a good state of repair po-nds, which offer was refused! I tas perfecfly aware at the time I made the offer that these repairs would cost more than double the sum named; but I depended on the assistance of settlers living on the Hutt who were equally alhe with myself to the absolute neces sity, in the j resent state of the district, of these xepaiTs being made without any loss of time ; and we looked upon this sum not as a payment on the part of the Government, but rather as a contribution towards the wovk, the remaining expense of which would have been defrayed by the Hutt settlers. I am, Sir, Your obedient servant, J. N. Burcham. June 9, 1846.

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. We reserve our observations on this correspondence to our next number. (Copy.) Wellington 28th May, 1846. Sir, — I have the honor to acknowledge the receipt of }our communication of the 22d inst., inclosing a copy of a letter addressed by you, as you there inform me, at the request of your brother magistrates, to the officer commanding the troops in this district iv the following terms : — " It having been rumoured that the troops under your command are to remain on the defensive, I am deputed by the magistrates of this district to represent to you their unanimous opinion that active operations 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, tl c friendly tribes will lose all reliance in the support of the military and will soon become disheartened. " Any further delay will, moreover, doubtless increase the number of the insurgents, and giye them confidence in their strength. " The magistrates hesitate not to declare their assurance that the militia, the volunteer corps, and armed natives of this district will cheerfully afford their aid and co-operation in any way considered advisable for the accomplishment of the above-named objects. " I am desired further to add that, should the forward moven ent now recommended be put in execution, the magistrates feel satisfied that the arrangements now made for the security of the town will be perfectly efficacious and that no attack on 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 belore the officer to whom bis 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 been made, and the position assumed in reference to the direction of the militia, volunteers, and native force, which force must necessarily be directed by the Government alone, renders it necessary that, as the officer to and through whom these communications should have been made, I should request you will 'avor me with an explanation of the reasons by which you have been induced to take the unusual step in question, that I may be enabled to lay the same before his 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 consultation on these matters, will you further favor me by stating by whom such meeting was called, what was the notice given, and who were present? I have likewise to draw your attention to your communication of the 16th inst., in which you gave me to understand that, "in consequence of \he state of excitement into which the public mind had been thrown by the occurrences at the Hutt that 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. Daniell, Esq., »nd Chas. Clifford, Esq.,) deemed it advisa-

ble to call out the 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 arrasmen of that vessel to patrol the town during the night, and permit such of his boats as could be spared for this duty, to remove the the women and children who werp, as you were given to understand, on the beach atPetoni awaiting aid from this side of the harbour," I am equally unable without your explanation to acquaint his Excellency why such steps could be deemed necessary by you during my temporary absence from town, when I proceeded on the forenoon in question to the scene of action (not more than an hour's ride) from whence any danger was to be apprehended, and where alone authentic information could be obtained. I have further to request you will favor me by stating why in the letter above alluded to you did not inform me that you had in like manner given directions for embodying the militia fore.} of the district, and that you will be good enough to add in what character you conceived yourself to be then acting. I have 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 undersigned Justices of the Peace, consider it incumbent on us to reply to some portions of your letter to the Police Magistrate of the 28th 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 this district. In reference to the expression of 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 bis 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," we conceive that, as our views regarded operations in a part of the distiict under Martial Law, we pursued only a natural and direct course in addressing the command- I ing officer of the troops under whose orders such operations «vould 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 prcceedings, and solicited your support of our recommendations ; nor can we admit that we proceeded, in the " total absence of official rule" respecting similar communications, because we are ignorant of any rule on the subject. Our communication was made in the most perfectly f.iendly spirit, and at a moment of urgency and danger, of the reality of which not one person in the community entertained a doubt, and before which official forms must, at all times, give way. We beg leave, also, respectfully 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 a^ured Major Last " th«t those bodies would cheerfully afford their aid and co-operation m any way advisable" for the accomplishment of the object we had in view. That onject was to prevent the distress, ruin, and dUpersion of the settlers, caused by the rebel natives ; and a consideration of the present disastrous state of the settlement, much aggravated since the date of our communication, compels us to maintain and reiterate our opinions upon that point. In respect to the unanimity of opinion amongst the Magistrates on the subject of our letter to Major Last, and the manner in which' the meeting took place, the Police Magistrate has communicated to us the 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 of the town on the day of the 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.

• The Magistrates 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, has never been in the habit of taking a place on the Bench ; the second was at Taita, in command of the company of militia stationed there, and Mr. Swainson, holding her Majesty's commission in the Army, on half-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 ol the moment and the Justices piesent were those who have replied to the Superintendent's letter to the Police Magistrate, with the exception of Mr. Clifford, who had previously expressed his opinion to be in accordance with theirs.

From the tenor of your communication we ate 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 appoinied 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 affording information of any intended breach 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 of his loyalty a> a subject. This is our view of the position function and du'y of a Magistrate at home, and we believe that no Ordinance oi' the colony in any way alters our position, as we have described it, deprives us of any of our lunctions, 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 commissions, or, indeed, that we were not obliged by force ot them, and from anxiety for the safety of the settlement, 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, (Signed) W. Wakefield, Ed. Danieix, Chas. Clifford, Henry W. Petre. His Honor the Superintendent, &c, &c, &c.