The Taranaki Herald. NEW PLYMOUTH, APRIL 11, 1868.

Taranaki Herald, Volume XVI, Issue 820, 11 April 1868, Page 2

The Taranaki Herald. NEW PLYMOUTH, APRIL 11, 1868.

The common law of England very clearly defines the relative functions of the military and civil powers in case of riot or insurrectionj ' and it were well if the functions of the new Constabulary force were equally well defined in this Colony. In any other country or at any other time in this, the expression of a doubt as to its proper functions would be apt to raise a smile, but the lawless state of the North Island for these few past years in consequence of the native disturbances, has given undue prominence to the military power and causes us to be justly jealous of our civil rights. It is therefore extremely desirable that the force should bo placed in its proper position with regard to the civil power, for it would prove very embarrassing if on an emergency in those days of Fenian lawlessness the Magistrate and the Inspector should differ as to whom the power is invested to move tho force in case of disturbance. Hitherto, we believe the individuals concerned have been left tosolve the question according to their several natural gifts and temperament, and it is not surprising that different' opinions should have been arrived at. Military commanders in days of civil commotion are very apt to encroach on and ignore civil rights, especially if those rights are but imperfectly understood ; and it would not be a matter of surprise in these times if an arrogant commander who had more desire to obtain absolute sway in his district than a knowledge of and a regard for civil law, should overlook the necessity of cooperating with the constituted local authorities. And after reading the evidence given before the Pokaikai Commission, we are the more impressed with the possibility of this, as it shows the want of co- 1 operation which existed between the Commander of the Colonial forces, the J Civil Commissioner, and the Native Agent of Governor Grey, who all seem to have been in some unconnected manner negociating with the disaffected natives with a view to peace, which of course resulted in a most unpleasant business.

Without venturing upon an opinion as ! to whom blame may bo imputed in the affair, we merely quote it as illustrative of the fataj effects likely, to follow even now from a want of an acknowledged local authority, whose power would be undisputed in case of any call for the exercise of tbat.power. We understand that that extraordinary individual, the Defence Minister, wields the Constabulary force of This' Province from : his office" in Wellington] In the" absence of thb eleefcrio telegraph, it is an achievement that ordinary men would fail to - accomplish with safety to the country and satisfaction to themselves, and we can only conclude that an inordinate amount of self, .sufficiency enables that gentleman to believe in its possibility. But even in these comparatively quiet days we perceive indications of something wrong. Tho fact of a settler in the Patea District having been dispossessed of his land for three weeks by some bounceable natives before he was reinstated, shows something 1 very rotten indeed in the . administration of? civil affairs in the Patea District. Either the Magistrate neglected his duty or he was not empowered by the Central Government to call on the Inspector of the Constabulary force to vindicate the majesty of the law. ,' Such wrong in such a district should have been redressed at once,' instead of allowing so grave a breach of the law to be committed with, impunity. It is imperatively necessary in order to maintain peaceable possession of the country, that on the recurrence of such an outrage which seems probable in "consequence of the impunity with which it may be done, that the punishment should follow swift and sure on the head of the perpetrator of the unlawful act. We hope that the Superintendent as chief Magistrate of the Province will do his utmost to represent to the authorities at Wellington the unsatisfactory manner in which the colonial force stands in regard to the local authoi'ities ; and though it is now the fashion in some quarters to assume that local affairs can be beat administered and comprehended at some distance from the scene of their operations, yet we hope that in times of emergency tr Wiv&r ■■ ■ o-gperi»-ments and individual crotchets will not be allowed to take the place of the constitutional laws-of JEugland, hntthit fli" teachings of hercamuinnjand.&talute!-l^s which have been the results of Ahej experiences of her national, existence, _ wilf continue to be the safe guide of both governors and governed ; and that the controlling power of armed men by whatever name they may be designated should alway rest with tho civil Magistrates as the properly constituted authority to take measures to provide for the t safety of life and property throughout the Colony.