STATE OF RAGLAN.—NATIVE INTEL LIGENCE.

Wellington Independent, Volume XVIII, Issue 1984, 17 November 1863, Page 3

STATE OF RAGLAN.— NATIVE INTEL LIGENCE.

The following is an extract from a private letter from Raglan, dated Nov. 1 : —

" Since I last wrote, the aspect of affairs here has undergone a decided change for tke worseIndeed, so dangerous does our opinion now appear to be, that it would be folly to ask you to send anything more down until the Government show some signs of giving us protection. A report reached us some days ago, that Johu Wesley of Kawhia, has been trying to get a body of tbe enemy to come down here to attack us, and that he would show them where to form ombushes, &c. The Ngatimabanga's(Naylor's tribe) have, I believe, decided to make the Waipa road themselves. Tbe other tribes will have nothing to do with it. Ido not think that it will be commeuced immediately. We have received information, through the natives, of an engagement at the Mauku. There were only 140 men engaged, of whom two were killed and two wounded. They were led either by Ti Kaukau of Mokau, or by a relative of his. They were seen returning home up the Waipa, and had a European prisoner with them. They intend returning again shortly, with increased numbers, to the seat of war. We heard yester day that the troops were in the possession oi the Me/emere, which they of course found empty. We are told here that nearly all the ( natives are to the rear of the troops, while the rest are pretending to form entrenchments, &c,, in the front, in order to draw the troops on and get them amongst the swamps above the Meremere."

The native John Wesley, of Kawbia, who sought to compass tbe destruction of the Europeans at Raglan, was, we understand, a paid native magistrate at Kiinhia. Whether he still receives pay we cannot say, but we should imagine not, although receiving our gold, as all tbe world knows, is no proof of Maori fealty. The version of the Mauku affair, from Raglan, differs slightly from the accounts we published yesterday, but taking all together, we think there is conclusive evidence that the colonial force gave the natives rather more than they expected. Their loss must have been severe. The account of Maori tactics must be taken for what it is worth, but like most reports from the same source, we suppose there is som» truth in it. — Southern Cross, Nov. 6th.

SUPPRESSION OF REBELLION. We publish below a copy of this Bill which was read a second time on Thursday evening sth Nov., after a division of 26 to 10 in its favor: — AN ACT

For the suppression of the Rebellion which unhappily exists in this Colony, and for protection of the persons and property of Her Majesty's Loyal Subjects within the same. Whebeas a combination for the subversion of the authority of Her Majesty and Her Majesty's Government, has for some time existed amongst certain Aboriginal Tribes of this Colony, and has now manifested itself in Acts of open Rebellion. And whereas persons in prosecution of the said Rebellion have com- i mitted murders on some of her Majesty's subiects engaged in their peaceful occupations, bay» pillaged their homesteads, and burnt and destroyed their property. And whereas the ordinary course of Law is wholly inadequate for the suppression of the said Rebellion and the prompt and effectual punishment of those who are guilty of such atrocity and outrage. Be it therefore enacted bj the General Asnembly of New Zealand in Parliament assembled, and by the authority of the same as follows : —

1. The Short Title of this Act shall be "The Suppression of Rebellion Act 1863."

2. ItshallbelawfulfortheGuvernorinConncil from time to time during the continuance of the said rebellion to issue his orders to all persons whom he shall think fit to authorize in that be half, to take the most vigorous and effectual measures for suppressing the said rebellion in any part of tbis colony which shall appear to be necessary for the public safety, and protection of the persona and properties of her Majesty's peaceable and loyal subjects, and to punish all persons acting, aiding, or in any manner assisting in the said rebellion, or maliciously attacking or injuring the persons or properties of her Majesty's loyal subjects in furtherance of the same, according; to martial law, either by death, penal servitude, or otherwise, as to them shall seem expedient, and to arrest and detain in. custody all persons engaged or concerned in such rebellion, or suspected thereof, and to cause all persons so arrested or detained in custody to be brought to trial in a summary manner by Courtsmartial, in the earliest possible period for all offences committed in furtherence of the .said rebellion, whether such persons shall have been taken in open arms against her Majesty, or shall have been otherwise concerned in the said rebellion, or in aiding 1 , or in any manner assisting in the same, and to extcute the sentences of all Courts martial, whether of death, penal servitude, or otherwise, and to do all other acts necessary to such several purposes.

3. No net wbich shall be done in persuance of any order issued as aforesaid, shall be quegtioned in her Majesty's Supreme Court or in any other Court of New Zealand. And in order to prevent any doubt which might arise, whether any act alleged to have been done in conformity to any orders so issued as aforesaid was no done, it shall be lawful for the Governor to declare such acts to have been done in conformity to such orders ; and such declaration, signified by any writing under the hand of the Governor, shall he a sufficient discharge and indemnity to all such persons concerned in any such acts, and shall in all cases be conclusive evidence that such acts were done in conformity to such orders.

4. AU officers, non-commissioned officera, soldiers, and militiamen, who shall act under any auch orders as aforesaid,, shall be responsible for

11 things which shall be done undersuch orders i) Courts-martial only by which they shall be iaulii i.) he tvierl for any offence against the Articles of War under any Act then in force fur any such purpose; and Courts-martial shall have full and exclusive cognizance of all matters and things which shall be objected against such officers, non-commissioned officers, soldieis, and militiamen respectively, and all proceedings shall he had theieon in the same manner as for offences against the Articles of War, and not otherwise ; and the Supreme Court, or any other Court of Justice, civil or criminal, shall not take cognizance of any act, matter, or thing, which shall he done by any such officer, non-commissioned officer, soldier, or militiaman in pursuance of this Act ; and if any pro ceeding shall be had in an/ such Court, against any such officer, non-commissioned officer.soldier or militiaman, for any such act, matter, oi thing, by indictment, action, or otherwise, all such proceedings shall be stayed by summary order, on application to the Court wherein they shall be had.

5. If any person who shall be detained in custody under the Powers created by this Act shall sue forth a Writ of Habeas Corpus, ii shall be good and sufficient return to such Writ, that the party suing forth the same is detained by virtue of a Warrant under the hand and seal of «orae person duly authorised by the Governor in Council for the time being to issue such warrant under the authority ef this Act. Provided that at tbe time such return is made, the name of such person so authorised as aforesaid to nsu» such Warrants, shall have been, or shall be notified by the Governor to the Supreme Court, by writing signed by him signifying to the said Couil that such person was so authorised as aforesaid to exercise the powers specified by this Act, and when such return shall be made, it shall not be necessary to bri»g up the body of the person who is bo detained.

6. For tbe trial of offences under this Act it shall be lawful for the Governor, or the General or other Officer Commanding Her Majesty's Forces in New Zealand, or for any other Officer of Her Majesty's Forces not under tbe Rank of a Field Officer, who shall^ be authorised by a Commission from the Governor in Her Majesty's name in that behalf, from time to time by warrant under his hand to authorise and empower any officer in Her Majesty's Regular or Militia Forces in New Zealand not under the rank of a Field Officer to convene, assemble, and hold Courts Martial for the trial of such persons under this Act as the Governor, General, or other Officer as aforesaid shall direct. 7. Every such Court Martial shall consist of not less than three nor more than nine Commissioned Officers of Her Majesty's Regular o r Militia forces in New Zealand, or partly of Commissioned Officers of each" such Forces. And when the defendant shall be a Maori, or person of the half-caste race, a sworn interpreter shall be appointed by the Governor, or, in default of such appointment, by .the convening officer of such court, to interpret in said court on behalf of said defendant.

8. Every such Court shall have all powers, privileges and authorities appertaining or incident to, and shall conduct all proceedings according to the manner of Courts Martial held under the Provisions of the Act for the -time being in force in New Zealand for punishing mutiny and desertion , and the sentence of any such Court, when confirmed by the Governor in Council.

9. Nothing in this Act c<y 'ined shall be construed to take away, abridge, -i' diminish the acknowledged prerogative of Hi. 1 Majesty for the public safety, to resort to the exercise of Martial law against open enemies or traitors, <ir any powers by law vested in the said Governor of this Colony with or without the advise of the Executive Council, or of any other person or persons whomsoever, to suppress treason and rebellion, and to do any act warranted bylaw for that purpose, in the same manner as if this Act had never been made, but such prerogative is hereby declared to be in full force in this Colony in Her Majesty the Queen and. in the Governor as her Majesty's Representative in that behalf.

10. Every person shall be, and is hereby freed, indemnified, and discharged of and from all actions and prosecutions which he may have been, or may become liable or subject to for or by reason of, or in relations to any Act, matter, or thing done by him before the passing of this Act which would have been lawful if done in pursuance of any order issued under the authority of this Act. And no such act, matter, or thing shall be questioned in the Supreme Court, or in any Court whatsoever within the Colony of New Zealand.

11. This Act shall continue and be in force until the end of the next session of the General Assembly only and no longer.