THE CONSERVATION. OF THE PEACE.

Colonist, Volume XIII, Issue 1300, 11 March 1870, Page 3

THE CONSERVATION. OF THE PEACE.

Much has been made by the Superintendent- krhis correspondence ..with the General Government, and also in one of the newspapers, of Judge tfichraond'a charge to a Nelson grand jury, in July, 18GS. 'Referring to some disturbances on tlie West Coast in iliat year, his Honor said: — " In these islands his Excellency the Governor is the Supreme conservator of the Queen's peace. Under him—immediately under him (gentlemen, I emphasize the word immediately)—are the Justices of the Peace. Superintendents of Provinces, as such, have no duties whatever in relation to the conservation of the peace, save so far a 9 the Superintendent's departmental authority over the police gives him some responsibility and concern in the matter. But the duties of a Superintendent in the matter are mere duties of police, and in all considerable emergencies, nay, even in common tumults, the police in this country, as in England, by whomsoever appointed and departmentally controlled, are bound to act under the orders of the magistracy; When acting in virtue of his magistracy, the Superintendent could have no authority whatever independent of the General Executive Government of the Colony." This plainly sets forth the position of the Superintendent with respect to matters concerning the conservation of the peace. Tet what do we find in connection with the Wangapeka difficulty ? The subjoined letter to Mr. Broad will explain :—- ---" Superintendent's Office, Nelson, "" December 5,1869. " Sir, —I have to acknowledge the receipt of your letter of yesterday's date, and in reply lam directed to request that, in the event of the survey being forcibly prevented, you will try and arrest one or two of the most prominent persons offering resistance, such attempt to be made without resort to violence. Should the arrest be prevented by force, you will-at once report to this office and wait further instructions. "I have, &0., " Alfred Gbbknfibld, ' ' "Provincial Secretary. " C. Broad, Esq., K.M., Wangapeka." Here is the Provincial Secretary, under direction, actually issuing instructions to a ."Resident Magistrate (who professed to be there in no official capacity); to arrest a number of " citizens," without any reference whatever to the General Executive Government of the Colony. These instructions anticipated a forcible resistance to such arrest, and the magistrate was told, in the event of such anticipation being realised, to at once report to that office, and " wait further instructions!" It was singular that Judge Eichmbnd, in his late charge, should have overlooked such a marked negation of the principles he laid down in 18G8, while magnifying occurrences regarding the details of which his Honor was not fully informed.