The New Zealand Spectator, COOK'S STRAIT GUARDIAN. Wednesday, July 29, 1846.

New Zealand Spectator and Cook's Strait Guardian, Volume II, Issue 104, 29 July 1846, Page 2

The New Zealand Spectator, COOK'S STRAIT GUARDIAN. Wednesday, July 29, 1846.

The Driver arrived yesterday morning from Porirua, having on board as prisoners Te Rauparaha and six other natives who were arrested at the pa at Taupo on Thursday morning. We believe the following narrative will be found to contain a correct account pf the capture of Te Rauparaha. After leaving Port Nicholson on Monday evening the 20th instant, as we have previously stated, his Excellency proceeded in the Driver to Waikanae and Ohau and communicated with the friendly tribes at the places abovementioned and at Otaki, and returned late on Wednesday night the 22d inst. to Porirua. Shortly after his arrival preparations were made fo r disembarking, and a detachment of 100 sol., diers under the command of Captain Reid of the 99th, and a party of sailors under the command of Lieutenant Thorpe and Mr. M'Killop of the Calliope, were landed together with a detachment of the Police under Major Durie. Instructions were given to surround the pa so as to prevent the escape of any of those who were in it. and to take Te Rauparaha and the others prisoners. It would appear that Te Rauparaha had some vague suspicion that something was intended, for on hearing the noise of oars he went out of his ware, but was persuaded by his women to return, as it was only a boat, they said, going from the camp to the steamer. All the preparations being complete, at five o'clock in the morning, a "party of the Calliope's men under Mr. M'Killop, and a detachment pf Police under Major Durie advanced "for the purpose of seizing their prisoners. On the arrival of the party before his ware Te Rauparaha was summoned to come out as they wanted to speak to him, on which he replied "What you have got to say, I can hear where I am." He was then informed that he and his companions were arrested on a charge of high treason, and that they would be taken as prisoners "on board the Driver. On the receipt of this startling intelligence ' the old man screamed out at the top of his voice, " Ngatitoa ! .Ngatitoa !" (the name of his tribe) hoping to raise an alarm and bring to his rescue his people, who were sleeping in the immediate neighbourhood, his women also joined their cries to bis, but were speedily Bilenced. Qnejjfj Rauparaha's men then attempted||feekgßi

the palisade surrounding the pa to rouse the tribe to the assistance of their chief, but he was observed by Policeman Barry, .who quickly pulled him down. From the excellent arrangements made by Mr. M/Killop, and the presence of mind and gallantry displayed by him, the whole was so quickly and effectually done that Te Rauparaha was secured before he had the opportunity of resisting, and was carried down to the boat on the shoulders of six of the Calliope's men. On getting to the water's edge when they were about to put him in the boat, he sprung up suddenly and bit the shoulder of the coxswain. The other six who were made prisoners are William Kanae, Mohie, Wangaroa, Charley, and two others who refused to give up their arms. It is not certain that the murderer of Rush is among the number. Charlie and Wangaroa are believed to have been among the most active in tapuing the road, and in interrupting the communication to Wellington. All the arms and ammunition found in the pa '(including eleven barrels of gunpowder) were destroyed, After Rauparaha had been taken prisoner and before the force had re- embarked, a party, of fifty of the rebels from Rangihaeata's pa came out to Kis assistance, but they were quickly driven back and were fired on both from the camp and from the ship's boats. This de* cided measure has struck terror into the rebels, and all those who were inclined to join : them. To endeavour to procure the release ~ of their chief, Puaha left Taupo on Monday _ morning with 130 men of Te Rauparaha's tribe to proceed to Rangihaeata's pa with the intention of arresting the murderers and delivering them over to the Government, and they expressed their determination of attacking Rangihaeata in the event of his refusing to give them up. Rangihaeata's party is said to be very much dispirited by Rauparaha's capture, and he is greatly weakened by frequent desertions. His supplies of food are nearly exhausted, and it is evident he will not be able to hold out much | longer. The rebels acknowledge that four 'of their party were killed by the dischargeof grape from the Tyne's longboat under Mr. M'Killop's command, when they made their attack upon it of which we have previously given an account. Te Rauparaha was accused by the natives at Otaki witb. having invited the Wanganui natives to join Rangihaeata, but defended himself by saying he had invited them down only that he might be able to attack them the more easily. The Driver left Waikanae on Sunday, and returned to Porirua, where she landed all the troops, she left Porirua on Monday evening. On her arrival yesterday morning, the prisoners were immediately sent under a guard of marines on board the Calliope. They are not in irons, but are under a. guard aud every precaution is taken to prevent their es? cape. The expedition appears td have beeii planuedwith great j udgment ,and the result has been complete success. The manner in which the arrangements were carried out reflects the greatest credit on all the parties employed. We may hope before the end of the week to hear the issue of Puaha's expedition, which if successful, will at once put an end to further'hostilities. Should he, however, prove faithless, the reinforcements his Excellency has received will enable him to follow up this blow by such vigorous measures as will quickly put down all further opposi- ¥ tion. We believe the Calliope will sail to-morrow for Porirua with the detachment of the 65th Regiment which has just arrived in the Levant.

The various events connected with- the ( re-. cent disturbances among the natives which have required his Excellency's presence agajfn in the South, and which may cause his sfay amongst us to be indefinitely prolonged, hajfe had the effect of postponing the meeting of the Legislative Council to an unusually late period. The different Ordinances relating to the yearly estimates, and regulating the i Government expenditure expired on the 30th March, and should ere this have been renewed. But the times are so out of joint, so much is required to be set right (the j fruits of former rnisgovernment) by his ExJfeCency's personal direction, so much to be P§ne under his personal inspection, that not

much time can be spared for the consideration for Legislative enactments, and there can be little doubt that the session, when the Council" does meet, will be short, and its labours confined strictly to present requirements, repealing some of the ordinances previously passed and among them the Native Exemption Ordinance. The present interval however has been selected to publish at Nelson, some " hints for Ordinances affecting several matters of local importance in Jthat settlement" which the Examiner states are " proposed to be laid before his Excellency, the Lieutenant- Governor, in accordance with his desire expressed to a body of settlers on his late visit to Nelson," with a view we suppose to legislative enactments to be passed this session. Bnt as it is very possible that any Ordinances to be founded on these hints would not be confined to one settlement, but would apply generally throughout the colony, we republished them with the view of eliciting the opinion of our fellow settlers in this district and of provoking discussion. The subjects referred to in them embrace matters which most nearly affect the interests of the country settler, and on perusing these " hints" an unpleasant impression is produced of a desire to establish monoply, of restriction and arbitraray enactments, which a subsequent examination is not calculated to remove. Almost every clause establishes a penalty. Take the first, for example, the Ordinance to prevent the spreading of contagious diseases among sheep. Among other objectionable clauses, it is proposed that no diseased sheep- " shall travel along any road, or over any unfenced lands (excepting such as may be beyond the limits of any district in which sheep are depastured for the time being) in any other month than February," that the owner of the sheep shall be required " .to give notice in writing to the occupier of any land or sheep-run where sheep are usually depastured, and along or over which it may be intended to drive such diseased sheep, at least two clear days before doing so" — and even then they can be allowed to travel only " by such roads or ways as may be determined by two justices of the peace;" of which a month's previous notice must be given in the local newspaper. Such an enactment "would nearly amount to a total prohibition of the importation of sheep. The slightest taint would be sufficient to constitute disease within the meaning of the act, and-sheep apparently sound and free from disease on embarkation, after halving been for some time confined in the heated, hold of a vessel, if the disease is latent, are nearly sure to show symptoms of it by the end of the voyage. What is to be done with them when they arrive ? Before they are allowed to land they must be examined by a Government inspector, and if found diseased they must be disembarked on a place set apart as quarantine ground, there to remain until declared by the inspector to be free from disease. Supposing such an ordinance to be enacted, and its provisions to be extended to this settlement, from the moment the unfortunate importer entered the harbour his troubles would commence. His sheep are pronounced to be diseased, official delays occur to prevent landing, and perhaps }f they are weakly and the passage has been long or boisterous, half of them might die before this could be effected. But where is there any run near this harbour sufficiently extensive for the purpose of a quarantine ground ? Unless the disease is effectually cured ; if any sheep still retained any traces of it however slight, there would be danger from infection, they could not be declared by the Inspector to be free from disease, and consequently would be compelled to remain in quarantine until the month of February, when so many forms would be required, so many notices must be given, that it is very possible after all -the ©wner of the unfortunate sheep would hardly then succeed in removing them to their destination, while, if many importations similarly circumstanced were made (as they would be allowed to travel only one month during the year,) the quarantine ground would be overstocked, and the sheep would perish for want of sufficient pasture. But there is great reason to fear that the very means taken to prevent the spread of the disease would have the effect of perpetuating it, for the quarantine ground would be so thoroughly infected from the continual landing of diseased sheep, that those which were comparatively clean would "" be made worse instead of better, while the chances of recovery in every case would be more uncertain. The selection of February as the only month in the year in which sheep are allowed to travel is very unfortunate — since they must be driven to the port of embarkation in New South Wales at the hottest season of the year, and would suffer ruore from the heat during the voyage and would land in worse condition and be more liable to disease than at any other period. The tendency of the proposed Ordinance appears calculated to establish a monopoly

in the hands of those who have stations to the serious injuiy of the rest of the community by throwing difficulties in the way of further importation. We readily admit that it would be desirable that some provision should be made to protect the interests of flockmasters, by regulations which would check the introduction of diseased sheep into the colony, but we conceive it is possible to effect this object by other measures than the enactment of such stringent clauses as are here proposed. The clauses of this proposed Ordinance appear to be based on the New South Wales Act, but both the country and climate of New Zealand, and the circumstances of the colony, differ essentially from those of New South Wales, and require a different legislation. In illustion of this difference we may observe that in the dry climate of New South Wales it is customary every night to fold the sheep on a station, but in the moist climate of New Zealand such a practice would be most injurious to the sheep, and would be most likely to engender disease among them. Many other differences will occur to those practically acquainted with the subject, which will shew the necessity of a difference in the legislative enactments. In the moist climate of New Zealand the scab can never be so formidable to the sheep farmer, or the danger from infection so great as in the dry climate of New South Wales, where very often for six months together, and sometimes for a much longer period the country remains parched, and unrefreshed by a single shower. But the circumstances of an old established colony like New South Wales, already overstocked with sheep and cattle are so widely different from those of New Zealand that the same restrictions can never be held to apply equally in both colonies. Every encouragement should be given to the importation of stock and the formation of new stations, and it would belter even that individuals should be inconvenienced, than the community should suffer from monopoly in so principal article of food. We hope therefore his Excellency will not be induced to listen to these interested suggestions. __, Want of room prevents us from examining in detail the other hints, but we cannot pass over the dog Ordinance without notice, however brief. After imposing a registration fee of ten shillings for all dogs but those employed in tending sheep, and providing for the destruction of unregistered dogs, and the enacting of sundry penalties, restrictions, and provisions, some of which are naively acknowledged to be repugnant to the law of England, and therefore by the charter of the colony inadmissable, the ordinance is liable to this fatal objection. It appears specially designed to protect the sheep farmer, and imposes a tax on all dogs, including those in towns which are not likely to interfere with sheep, but what is to be done with Maori dogs ? Are the Maories to pay a registration fee of ten shillings for each cur that prowls about their pa ? If so, who is to collect the fee, and what probability is there of its ever being paid. But it is chiefly from the Maori dogs that injury is to be apprehended. Are all the unregistered Maori dogs then to be forthwith destroyed ? Such a step could never be ventured on in due course of law, particularly at the present time. We remember that our contemporary, in criticizing Captain Fitzroy's Dog Ordinance, urged this very objection, that while there were many vexatious and ridiculous enactments affecting the settlers, the Ordinance did not apply to the natives, and therefore did not go to the root of the evil. But the same objection may be urged in this instance, for if the enactments are intended to apply to the natives they could never be enforced — Sed aliquando dormitat bonus Homerus,

From the favourable turn which events have taken there is every reason to hope that the opposition offered to the, authority of the Government by the rebels acting under Rangihaeata will be speedily put down; but even after this is happily accomplished, there will be so many subjects of importance requiring the personal attention of his Excellency in the settlements in Cook's Strait that it will be scarcely possible for him to leave Wellington for some time to come. As it is necessary, however, to hold a session of the Legislative Council, which has been now delayed beyond the usual period, we- would suggest the expediency of holding its sittings for this year at Wellington. The Driver might be sent for the ( fficial Members, who could attend without any inconvenience to themselves, as they would, in fact, be merely discharging the duties of their office, and his Excellency would find no difficulty in selecting the non-official members from the settlers in Wellington and Nelson. We offer the suggestion as one worthy of attention, and as well calculated, if acted upon, to projfefp the public ifgood. . Wr

We are requested to direct the attention of owners of land-orders to the meeting to be held at Barrett's Hotel this evening, and hope that all who are interested in the objects of the meeting will not fail to attend.

Whaling Stations. — By the Susannah Ann which arrived from Amouri yesterday morning, we learn that Mr. Firzherbert's p.arty had succeeded in obtaining fifty tuns of oil, and Fife's party Sixty tuns. At Ames' station there was no alteration since our last report.

We are glad to find that the apprehensions we expressed in our last number respecting the fate of the Margaret are without foundation, and from the inquiries we have since instituted we learn that no fears whatever are entertained for her safety.

The Scotia arrived yesterday from Sydney. She sailed the day after the Levant, and does not bring any fresh intelligence. It was expected that the Castor would shortly* sail for Auckland, and that a vessel would be chartered for the purpose of conveying to New Zealand the new funnel of the Driver.

Wellington Savings Bank. — Messrs. W. S. Loxley, J. M'Beth, J. M'Carthy, and Colonel Wakefield, the Managers in rotation, will attend to receive deposits at Mr. Ross's office-, from seven to eight o'clock on Saturday evening, the Ist August, and at the' Union Bank of Australia, from twelve to one o'clock on Monday forenoon, the 3d August.