3

H.—39

Sub-Enclosures. Copy of Letter from Colonel Balneavis, Deputy-Adjutant-General of Militia and Volunteers, to the Hon. the Colonial Secretary. Colonial Forces. Sic, — Deputy-Adjutant-General's Office, Auckland, 6th August, 1862. I have the honor to enclose a communication from Major Herbert, late commanding the Militia and Volunteers at Taranaki, for the favourable consideration of His Excellency the Governor and the Government, and transmission to the Right Hon. the Secretary of State for War. In submitting the communication, I beg to call the attention of His Excellency the Governor and the Ministry to his case. Major Herbert was formerly an officer in the 58th Regiment, and was wounded during the war at the Hutt, Wellington, in 1846. He was subsequently promoted to a company in that regiment, and exchanged into the 97th Regiment in the year 1857. He arrived in Auckland, New Zealand, having retired from the service by the sale of his commission, in order to become a settler in the province. On his arrival at Auckland during the Taranaki war, a difficulty having been found in obtaining a retired officer to command the Militia and Volunteers in that province, in the pressing emergency of the case, he was earnestly requested by Colonel Gore Browne, the then Governor, to accept the command. All the eligible retired officers in this province, I must here remark, in justice to them, had taken farms and were in different other occupations, and therefore could not be asked to leave this province at a day's warning and proceed to Taranaki. Had any eligible retired officer so situated been asked to accept the command at Taranaki, His Excellency Governor Gore Browne, C.8., foresaw that it would be improper to place him in the position of either going at a great sacrifice to himself or being obliged to decline. Aiajor Herbert without hesitation accepted the command, as I have already stated above, at the earnest request of His Excellency, and commanded the Militia and Volunteers during the whole war in that province although he had already purchased land; and there is a question now pending whether he is to get his remission land in consequence of his absence from this province. The manner in which his duties were performed in the field has been prominently brought forward by Major-General Gold, and Aiajor-General Sir T. S. Pratt, and' His Excellency Colonel Browne, in the published despatches relative to the Taranaki war. I now beg to bring under particular notice that all the commanding officers of brigades, corps, and regiments, both naval and military, have obtained from Her Most Gracious Majesty an acknowledgment of their services by the conferring upon them the Companionship of the Order of the Bath, an exception being made in Major Herbert's case, although commanding both Alilitia and Volunteers in the field. I am fully aware, from my position and knowledge of the Militia and Volunteers in New Zealand, that it has produced a very unfavourable impression in both services, and particularly so in those forces at Taranaki, and will operate very unfavourably in the minds of other officers when requested to undertake such services (if they should be unhappily required) when in doing so they naturally cannot but expect that their services, however gallant, will be overlooked. This occurrence will also operate most injuriously with regard to the views of the Home Government that the Militia and Volunteer Forces, so specially required in this colony, should be kept well organized, and be commanded by the most eligible retired officers. I therefore venture to hope that His Excellency Sir George Grey and the Ministry will favourably recommend the enclosed application, not only on its merits, but as it importantly bears upon the efficiency and popularity of the colonial forces under their immediate and special protection and command. I have, &c, H. C. Balneavis, Deputy-Adjutant-General of Militia and Volunteers in New Zealand. The Hon. the Colonial Secretary. Copy of a Letter from Major Herbert to Lieut.-Colonel Balneavis, Deputy-Adjutant-General of Militia and Volunteers. Sir, — Parnell, Auckland, 6th August, 1862. I have the honor to forward you annexed communication for transmission for the favourable consideration of His Excellency the Governor and Ministry. I have, &c, Chas. St. John Herbert, Late Major Commanding Taranaki Militia and Volunteers. Lieut.-Colonel H. C. Balneavis, Deputy-Adjutant-General of Militia and Volunteers, Auckland. Copy of a Letter from Major Herbert to Governor Sir G. Grey, K.C.B. Sir, — Parnell, Auckland, New Zealand, 6th August, 1862. I have the honor to bring to your Excellency's notice and that of the Ministry of New Zealand, that Her Alajesty has been graciously pleased to appoint the following commanding officers, viz., Colonel Alould, Royal Engineers; Colonel Wyatt, Commanding 65th Regiment; Lieut.-Colonel Leslie, Commanding 40th Regiment; Lieut.-Colonel Carey, half-pay, 40th Regiment; Commodore Seymour, Royal Navy, lately engaged in the war with the Natives at Taranaki, to the Companionship of the Order of the Bath. Having been in command of the Militia and Volunteers in that province during the same period, and brigaded with those regiments and force, I feel extremely disappointed that I should be the only exception made of an officer commanding a corps, which makes it appear that I have been from some unfavourable reason omitted. J beg to submit copies of the favourable mention made both of myself and the Militia and