ELECTION OF COL. WYNYARD AS SUPERINTENDENT FOR AUCKLAND.

Nelson Examiner and New Zealand Chronicle, Volume XII, Issue 604, 1 October 1853, Page 2

ELECTION OF COL. WYNYARD AS SUPERINTENDENT FOR AUCKLAND.

Letter to the Commander-in-Chikp ©n Colonel Wynyard's Election as Supeintkndent of - Auckland. Mv Lord — I have the honor to lay before you the following statement relative to the proceedings of Lieut - Colonel Wynyard, Commander of the Forces in New Zealand, and of certain officers of the 58th Regiment, in connexion with the bringing into operation the Representative Institutions lately conferred upon this Colony by the British Parliament. Lieut. Colonel Wynyard will be furnished with a copy of this statement, which will likewise be published in the Colony, in order that every facility for rebutting it should be afforded. It is proper to add that a statement to the same effect, in another form, will be laid before the House of Commons. Tt is clear that in a small community, the military influence of the Commander of the Forces, in command of a regiment and of the Artillery, taken with that of the Ordinance and Commissariat departments, must be of almost overbearing force. It is for you to say whether it be constitutional, or in accordance with the principles of military discipline, that such power should be exercised ; more especially, when brought to bear upon what is, as yet, but an experiment of the Home Government — Representative Institutions newly conferred, and rights bestowed upon colonists as yet unpractised in the exercise of them. I content myself with giving you facts, from which your own conclusions may be drawn. Before adverting to those points tvhichmay be supposed to come under your more special cognizance, I shall offer you, for your information, a short abstract of the whole proceedings, accompanied by reference to local journals in which the question is set forth at large. The first public step to be taken towards introducing the New Zealand Constitution, was the issuing of writs for the election of Superintendents of Provinces. It had been originally intended that these officers should be appointed by the Queen ; but the Home Government, after consideration, finally decided that they should be elected by the -people. The first who presented himself to the constituency of the Auckland province as a candidate, was Mr. Bartley — a barrister of high reputation, — a gentleman universally respected and esteemed, but of no political party. The second in the field was Mr. Brown, a merchant and large land owner, and the acknowledged lea4er of the opposition to a most unpopular Government. The third was Lieut.-Colonel Wynyard, Commander of the Forces, and ex -Lieut. Governor. In stating that he was the third in the field, I do not deny that canvassing had been going on for him before the other two candidates had come forward, but as he did not declare himself until after their appearance, he cannot be placed in any other position. His declaration was consequent upon the presentation of a requisition, with 506 signatures appended. Of these 320 were enrolled pensioners, and 30 discharged soldiers. The gross number of the constituency is about 2,000. Lieut. Colonel Wynyard certainly possessed a most imposing combination of influences. He enjoyed a certain amount of personal influence remaining to him from his former position as Lieut. Governor (in which his good humour had won for him much popularity), and from the exercise of patronage. He could calculate upon being supported by the whole body of officials, who are interested in the maintenance of the old official system underthe new regime; 7-rby the great majority of the Pensioner corps, who feel his influence as that of their commander during the regular drills, or when in active service, and who besides would naturally give the preference to a military man over a civilian ; — by the military residing out of bar-

racks, who are allowed, most improperly, to vote;— and by the civilians connected in various ways with the different military departments. Mr. Bartley, deeming himself unable to contend against such an array of force, retired from the field.

The contest now assumed a different character. So long as it lay between two civilians, it had been amicably conducted; had it remained between two civilians, it is probable that not a single private friendship among their respective supporters would have been disturbed. In one instance an attack had been made upon Mr. Brown's private character by some of Mf. Bartley 's partizans ; but that gentleman at once came forward, and put a stop to this mode of electioneering. But when the contest came to lie between a civilian and a soldier — between Mr. Brown and Lieut. Colonel Wynyard — the bitterest exasperation arose, which indeed has given a shock to the social condition of this province that it will take years to recover from. The most disgraceful charges againt Mr. Brown were manufactured by some who belonged to Lieut. Colonel Wyn\ard's committee, and by the newspaper in Lieut. Colonel Wynyard's interest, — charges which will yet become the subject of legal investigation. Indecency, malice, lying, disloyalty, and infidelity, were imputed to him. He was accused of having obtained a letter surreptitiously ; he was described as a man whom no oath could bind ; and Lieut. Colonel Wynyard, the soldier, instead of at once coming forward like Mr. Bartley, the more chivalrous civilian, to forbid such proceedings in his behalf, was content to remain silent, and to reap whatever advantage could be derived from them. After two months of such stormy and acrimonious electioneering as it is to be hoped this colony may never witness again, the day of nomination arrived. Lt.-Colonel Wynyard declined presenting himself at the hustings; the consequence of which was, that neither his proposer nor seconder obtained a hearing. Various causes (with what truth I know not) have been assigned for his absence; among others, his disinclination to answer questions which it was known had been prepared for him. It might have been to maintain the appearance, at a distance, of remaining absolutely passive in the affair; oi suffering himself to be borne into office by the community. But the active and open canvass made for Lt.-Colonel Wynyard by officers of his own Regiment, to which further allusion shall presently be made, will sufficiently preclude the entertainment, within the colony, of such an idea.

The numbers at the poll were as follows : —

Among those who voted for Li-Colo-nel Wynyard were 59 military, and 48 officials; these being abstracted, a majority of 5 remains for Mr. Brown. The Pensioners, a quasi military corps, bein? likewise abstracted, a majority of 259 bona fide colonists remains for Mr. Brown,— a sufficient answer to the defamatory statements which Lt.-Colo-nel Wynyard did" not come forward to repudiate.

There is no gainsaying these numbers. It is clear that Lt.-Colonel Wynyard has been forced upon the community. Even had he been borne in unanimously, there would still have been grave objections to his acceptance of the office. But what excuse can be! offered for him who can produce nothing but a trifling majority, composed of soldiers and officials, in justi-

fication of having deliberately caused a whole community to be torn in pieces by dissension. Let him argue as he will, he cannot escape from two broad facts, namely, that the civilian candidate has a large majority among the bona-fide colonists; and that party spirit between the respective partizans of the civil and of the military candidate rages here, and will rage still, to a degree that I have never yet seen equalled. Lt.-Colonel Wynyard has indeed been a firebrand among us. Such is the outline of the "proceedings in this election. I consider them as an infraction of the constitution, and presume that you will consider them unmilitary and subversive of discipline, for the following reasons: — Unconstitutional.

1. Because Lt.-Colonel Wynyard,! Commander of the Forces in New' Zealand, has obtained a high civil position partly through his military influence. For the officer in command of a regiment has the power of affecting the constituency by making votes. By allowing his own soldiers, as many as he pleases, to reside for a certain time out of barracks as householders, they become entitled to electoral privileges. But the exercise of these privileges is entirely under his own control ; for the soldiers cannot vote at all, if he be disposed to hinder them. He has merely to order them to remain within their barracks, and they cannot even go to poll. In point of fact, all such votes are at his command, for reasons which will be sufficiently obvious to yourself When I inform you that the voters of the CBth Regiment were ordered into barracks, and there interrogated — I believe, by the Sergeant-Major — as to the use which they intended to make of their votes, you will be at no loss to account for the unanimity with which they supported their Lieut. ColoneFat, the poll. A list of these, as well as of other parties belonging to the different military departments, and therefore more or less under Lieut. Colonel Wynyard's immediate control, is printed in an accompanying number of a local journal.

It may be proper to mention that the members of the police force in New Zealand are prohibited from voting at elections ; and likewise, that the Bench of Magistrates at Auckland has refused to allow military officers to sign recommendations for publicans applying for licenses, on the ground of such officers not being, properly speaking, householders.

2. Because Lieut. Colonel Wynyard might have occasion, in his military capacity, to call out the troops in support of his own private and personal pretensions.

3. Because in case of the Governor's decease, or absence from the Colony, the Commander of the Forces in New Zealand succeeds as interim Governor; for which office, indeed, he appears to be selected on account of his supposed, non-connection with the Colony, and freedom from party. But in consequence of the present violent don test, he has thus far disqualified himself for the office, having destroyed his position by leaguing himself with a section of the community. That although Lieut. Colonel Wynyard, in the event of succeeding as Governor, would be able to resign the Superintendency, yet that there is no power in New Zealand which could dislodge him, were he resolved to retain it ; whilst in holding the two offices he would be serving two masters — the Queen and his own constituency. It is clear that such an issue was never contemplated by Parliament when framing the Constitutional Act for this Colony. As well might Governor Grey contend for the Superintendency as Lieut. Col. Wynyard.

4. Because it is contrary to the spirit of the Mutiny Act, the 54th section of which declares that no person ir who shall be commissioned, and in full pay as an officer, shall be capable of being notninated or elected to be Sheriff of any county or other place, or to be Mayor, Portreeve, Alderman, or shall be capable of holding any office in any municipal corporation, or any city,

borough, or place, in Great Britain or Ireland." You will perhaps consider the assumption of the Superintendency by Lieut. Colonel Wynyard, and some of the proceedings connected with this election, as subversive of discipline, and otherwise

Un military:. 1. Because the effect has been to create an acrimonious feeling between the military and a large majority of th« bona fide colonists. The latter feel, and felt throughout, that they were being overridden by a combination of extraneous or illegitimate influences, — the power, the patronage, and the military votes that have been brought to bear against them by the Commander of the Forces, and they naturally visit the fault of Lieut. Colonel Wynyard upon the class which he represents. Undersimilar circumstances, and with such a feeling in a more populous and powerful Colony^ such as that of New South Wales, the danger of collision at the polling would have been extreme.

2. Because an evil of the opposite nature is likewise involved; for that while the military are too much at variance with one section of the inhabitants for the interests of the Colony, they have become too intimately linked with another section for the interests of her Majesty's service. 3. Because military voters have been exposed, notwithstanding the expectation that they would vote for their commanding officers, to the deteriorating influence of canvassing — influences so well understood as not to need enlarging on.

4. Because of the conduct of some of Lt.-Colonel Wynyard's military supporters.

I have the honour to inform you that certain officers of the 58th Regt, Capt. i^etley, Lieutenants Shipley and Withington, who had not been six months in the Province (the legal time for acquiring the franchise) registered themselves as householders of six months standing, thereby passing themselves off for that which they were not. After so getting upon the Roll of voters, attention was publicly called to the fact in expectation that they would at least abstain from exercising a privilege which had been thus acquired ; notwith- [ standing which, they deliberately went to poll. I would here call your attention to the fact, that officers in New Zealand claiming to vote as householders, acquire that right by means of the Queen's lodging money. That Lieutenant Gladwyn Wynyard attempted to vote for his father in a ! district for which he had no vote, and that his voting paper was refused bjr the Returning Officer.

That at Russell, (Bay of Islands) one of the three places of nomination, Capt. Parratt, commanding a detachment of the 58th Regiment, was an open and active canvasser for his Colonel. So active, indeed, was he, that he did not scruple to use the name of a most influential setiler, one of Mr. Brown's chief supporters, for the purpose of obtaining promises; stating that the gentleman alluded to had engaged to vote for Lt.-Colonel Wynyard — an as* i sertion contrary to fact.

Capt. Parratt did obtain the promis© of several votes by this means; and hit conduct was afterwards objected to by the gentleman whose name he used. I do not bring this forward in the shape of a charge; but if evidence be desired by you it shall be supplied. I apprehend that the statement will not b» denied.

Of other military canvassers I mak* no mention ; but would call your attention to the facts, that Lt.-Colonel Wynyard's nomination at Russell was secon» (led by Capt. Parratt, and that on th« day of polling, the Wahapu, (the Camp at the Bay of Islands,) as I am given to understand by several of the Russell settlers, was left without a singU officer; all been absent at once tt Russell for the purpose of voting.

Such are the main facts connected with the direct military influence exercised by Lt.-Colonel Wynyard. But he has had another source of influence ; thft exercise of which, though not strictly

unconstitutional, must yet be considered as highly reprehensible. The "Pensioner corps (whose votes form nearly one third of the Provincial voting list)c.mnot be called, civilian settlers except by putting a forced meaning upon words. They are still under military rule, subject to the control of their officers, which many of them complain of as arbitrary and' unnecessarily severe, and are still liable to severe punishment for offences which civilians would consider as merely nominal.

For instance, should they neglect on three several occasions, within a certain period, presenting themselves at their Sunday parade, — no matter how far distant their daily labour may have caused them to reside, — they are subject, at the discretion of their officers, to being deprived of their hard won cottages and acres. It is clear that the hope of bein£ leniently dealt with, should they vote along with their officers, must suggest itself occasionally to their minds.

It is, moreover, only to be expected that they should be strongly influenced by esprit de corps. But this feeling ought never to have been awakened by Litutenant-Colonel Wynyard, in Ins own favour, against a large majority of civilian colonists. It is easy to say that they are free agents ; so they are, in theory ; but it was notorious from the beginning that three- fourths of them would vote for Lieut-Colonel Wynyard as a matter of course, and in opposition to a majority of purely civilian colonists. The work of years in amalgamation with the colonists has been thus undone.

I would especially call your attention to the fact, that Lieut-Colonel Wynyard, by thus fostering a spirit of antagonism between the Pensioners and a majority of the settlers, has most distinctly and unequivocally stood in the way of a fair trial of the Constitution. I am quite aware that observations concerning the Pensioner corps are immaterial to you, in yonr official capacity. I bring them before you merely for the sake of giving as complete a view of the subject as can be afforded.

I now proceed to make the formal request, that to prevent the recurrence of a similar state of things, and because the colonists do not possess such power in themselves, you will be pleased to issue an order that neither officers on full pay in her Majesty's service, nor privates, be permitted lor the future to interfere with elections in this Colony, either by exercise of the franchise, or in any other way whatever. I have the honour to be, My Lord, Your lordship's most obedient humble servant, Waltbb BnomE. Auckland, New Zealand, ' 2Gth Jnlv, 18 #3.

BtOVN. Wtnyard. 2 3 I o a City of Auckland . . . Suburbs Pensioners . . . . Southern Division (exclucL ing Pensioners) . . Northern Division (exclucL ing Pensioners) . . . Civilians voting at Pen* sioner settlements . . Bay of Islands . . . . 336 26 143 116 91 18 245 59 397 98 33 254 141 69 72 7 51 6 6 45 Totals 820 185 i 922 28: Majority for Wynyard . . 10: