✨ Newspaper Editorial, Local News, and Correspondence
They have been free and independent in regard to selling, even after the admission that their right to do so, they are in bonds. If they can sell only to one party—the British Crown. Now, we grieve to find such inconsistencies in Acts of Legislature, for they have the effect of making legislation, even in important cases, a dead letter.
But perhaps, we are in error in these remarks. The declaration is simply that a legal title cannot be given. The Crown is to be the only purchaser—which we apprehend, to be the meaning of the clause or, that the Crown will allow its subjects to purchase, only reserving its right to confirm the purchase according to the prescribed equity of the case. When the act comes before us, the doubt may be removed; at present we suspect that the Government here may interpret the clause either way, that is, may adopt the more restricted or the more liberal view of the matter, ad libitum.
Nor is the above, the only doubt yet on our minds respecting the application of the preamble. Does it relate to the purchase of lands during the independence of the country or does it merely apply to it as subject to the British Crown? If to the former, we submit that it is only the liberal construction of the clause which is consistent with either the claims of equity, the British Constitution, or the former perfect National independence of New Zealand.
Another thing should be most clearly ascertained and understood. What are the lands, which Europeans may not buy, except with the direct sanction of the crown? Is it all lands cultivated and uncultivated alike? If so, we suggest that the privileges of "British subjects" are not likely to be enjoyed by the Natives. Expressly, the law in question and the laws of New South Wales on the same point, apply only to "waste" lands. Lands, therefore, in any degree of cultivation by Native hand, seem distinctly removed from the jurisdiction of this law.
We suggest these points be duly considered before the law comes into use, and we most earnestly hope that the rule of interpretation will always be in the spirit of Lord Normanby’s instructions. We apprehend that the question is better understood in England than it is at Sydney.
Another alteration to be remarked, is the removal of the absoluteness of the limit as to the quantity of land to be possessed. A discretionary power is given to the Lieutenant Governor in some cases. So far it is good. And we cannot help being of opinion, that a moderate quantity of land ought to satisfy any but a covetous and ambitious person. Still, we think, the placing any legal restriction at all is unnecessary, and, therefore, foolish and impolitic. A price fixed upon all land held or purchased, and a tax upon all land, owned and not used, would, of itself, limit possession, far more effectually than any restricting clause can do. Nor are we sure that any other plan is hinted at in the Marquis of Normanby’s instructions.
Moreover, we are decidedly opposed to all legal restrictions on any commercial or agricultural enterprise which is not in its nature iniquitous.
Admitting, however, that some legal limit is desirable, the quantity of land to be held in this country which is to be so determined, cannot be well understood in such a country as Australia. We refer our Readers back to the letter of “A distant Settlor” in our 9th and 10th Numbers, for some very judicious remarks on this subject.
There is one alteration in the Bill of the most important character, and which will do very much to reconcile all parties to it,—it is that regarding the removal of the Government claim to headlands. As far as at present appears, we do not see that any objection can be entertained against the Act in this point.
In fine, though we cannot help feeling gratification, with our fellow-Colonists, that the Bill has been shorn of its most mischievous qualities, we cannot but express our sincere conviction, that laws of such magnitude and consequence ought not to be passed by a Legislature, constituted like that of New South Wales. In the present case, that of a new Colony, in no way like those of Australia; in our judgment, the Imperial Legislature alone can be competent to enact.
The Election of Directors for the Bank took place on Tuesday, the following gentlemen were returned—Mr. Mair, Mr. Thompson, Mr. Williams, Mr. Clendon; Dr. Polten; Mr. Scott, Mr. Mayhew, Mr. Perry.
About 5 o’clock on Monday morning a robbery was committed on the hen roost of Mr. Grenier, Kororarika, by some unknown depredators. Several fowls and a pair of geese were stolen. One of the latter was afterwards found on the level, at the foot of the hill. Owing to some mishap which disturbed the hens, the thief did not succeed in clearing the roost, which appears to have been his intention. The noise and fluttering of the fowls awakened the inmates, and on going out Mr. Grenier discovered a young cock, dropped in the path and dead. Another cock was stolen, and many of his feathers scattered about until the path of the robbers for a considerable distance.
If a Magistrate had been stationed at Kororarika, a search warrant would have been immediately taken out and more than one house would have been examined. As it was, nothing could be done. Surely, it will not be long before we have the protection of the Laws, since the British Government has taken us under its wing.
To the Editor of the New Zealand Gazette and Bay of Islands Advertiser.
SIR,—I recollect your stating a short time ago, that you could not publish a list of prices current at present. Now, without either this or something to answer the same purpose, I presume you are aware, that a paper cannot be complete without a thing so necessary to commerce. I must therefore think, that you are wrong in not publishing such prices as you can get, or else commercialists are for private reasons keeping you in the back-ground on the subject. Of course I do not presume to choose between these alternatives. If I may expect that you will insert this letter in your Journal, I will venture to put down two or three prices, retail, by way of example for you or others; and I do hope that, if the thing can be done, it will be. If you will not publish this letter, you may as well state for the information of the people of other Colonies, that Bread is uniformly 1s. 0d. the 4lb loaf. Pork is sold by the butchers, at 7d. per lb. Excellent Cork butter may be sold at 2s. The beef and mutton are almost wholly in the hands of the Missionaries. Potatoes 1s. a basket, but they are not to be had.
Perhaps some body will furnish a better list next week.—Yours, etc., XXX.
[We publish the above letter, that our trading friends may judge for themselves on the subject. Our correspondent cannot have been long here, or he would have known that ours is no easy task. We have only to say, as we have said before, that there being no market, authentic prices are not procurable by us, and that this is a very dangerous thing to publish false ones. We should be very much obliged by a statement from any one which might be relied on.—Ed.]
To the Editor of the New Zealand Gazette and Bay of Islands Advertiser.
SIR,—Now that this place is so considerably increasing, it is much to be desired that a complete survey of the township should take place. I have heard it confidently stated, that a custom house is to be erected here. It perhaps Government will, on the request of the inhabitants, undertake a Survey. It must not be supposed to be strictly a Government concern. It is not like a place, which, till taken up by authority, belongs to nobody; that is, to no private parties. Here is property recognised, and whatever survey may take place, can proceed only on that recognition. The convenience of buildings already erected must therefore be in some measure a guide for a survey, in laying out streets, &c. On this and various accounts it cannot be expected that the Government will interfere with the matter but by special request, and in conformity with such rules as the proprietors of the ground may wish.
I am aware that a sort of survey has already taken place, and that there are in some measure marked out. But there are not many persons who intend to erect buildings, who are quite at ease on that account.
A survey is wanted which shall set all doubts at rest respecting the boundary lines of streets, &c., that if any person wish to erect a house he may have the chance of placing it to the best advantage his property will afford. I feel strongly disposed to think, that were this done, the place would increase in at least a double ratio.
What I urge, then, is this—that the inhabitants should immediately unite in adopting some plan to effect a thing so exceedingly important to Kororarika. If they will not, on themselves must rest the blame and the consequences. The present moment is weighty with the interests of this place.
I do not undertake to recommend to them one plan in preference to another. All I have to say is, that the people must bind themselves by some legal act to adhere to the survey, they have, themselves chosen. There has been a strange negligence heretofore—let it continue no longer. I am, Sir, &c., D.
Kororarika, 1st Sept.
Shipping Intelligence.
ARRIVED.
August 27—The barque Diana, from the Thames.
August 29—The schooner Currency Lass.
Sept. 2—Revenue Cutter, from Tutakaka.
SAILED.
Sept. 2—The Fair Barbullion, on a coasting expedition.
EXPECTED DEPARTURES.
The Giraffe, Captain Wright, for China, and the Diana, Captain Milne, for Sydney, both in a day or two.
We have received from Hobart Town Murray's Review and the Colonial Times of the 21st ult., and we have seen papers of a later date. The following are extracts:
French Emigration to New Zealand.—The steam vessel the “Havre,” is now taking on board, in our port all the fishing apparatus destined to complete the equipment of the “Comte de Paris” bark, at this moment at Rochefort. Sixty emigrants whose destination is New Zealand, go on board the “Havre” in order to embark in the “Comte de Paris.” Captain Langlois who commands the expedition, accompanies them.—Journal du Havre.
WHITEHALL, March 18.—Her Majesty has been pleased to declare and ordain that Field Marshall His Royal Highness Francis Albert Augustus Charles Emanuel, Duke of Saxony, Prince of Saxe Cobourg and Gotha, K.G., Her Majesty's Consort, shall henceforth, upon all occasions and at all meetings, except where otherwise provided by Act of Parliament, have, hold and enjoy place, pre-eminence and precedence next to Her Majesty.
The Government of Spain is occupied solely with raising money to meet the enormous expense of the army. That portion of it under the command of Espartero, cost, during the year no less than £3,000,000 reals (7,000,000 sterling).
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✨ LLM interpretation of page content
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Editorial regarding New Zealand legislation
(continued from previous page)
🏛️ Governance & Central Administration3 September 1840
Legislation, Politics, New Zealand Act, Editorial
🏢 Election of Bank Directors
🏢 State Enterprises & InsuranceBank, Directors, Election
8 names identified
- Mair (Mr.), Elected as Bank Director
- Thompson (Mr.), Elected as Bank Director
- Williams (Mr.), Elected as Bank Director
- Clendon (Mr.), Elected as Bank Director
- Polten (Dr.), Elected as Bank Director
- Scott (Mr.), Elected as Bank Director
- Mayhew (Mr.), Elected as Bank Director
- Perry (Mr.), Elected as Bank Director
⚖️ Robbery at Kororarika
⚖️ Justice & Law EnforcementRobbery, Kororarika, Crime, Theft
- Grenier (Mr.), Victim of robbery
🏭 Letter to the Editor regarding prices current
🏭 Trade, Customs & IndustryPrices, Commerce, Retail, Bread, Pork, Butter, Beef, Mutton, Potatoes
🏗️ Letter to the Editor regarding township survey
🏗️ Infrastructure & Public Works1 September 1840
Survey, Township, Kororarika, Streets, Boundaries
🚂 Shipping Intelligence
🚂 Transport & CommunicationsShipping, Arrivals, Departures, Diana, Currency Lass, Revenue Cutter, Fair Barbullion, Giraffe
- Wright (Captain), Captain of the Giraffe
- Milne (Captain), Captain of the Diana
🌏 Extracts from Hobart Town newspapers
🌏 External Affairs & TerritoriesHobart Town, News, Extracts
🛂 French Emigration to New Zealand
🛂 ImmigrationEmigration, France, New Zealand, Comte de Paris
- Langlois (Captain), Commands the emigration expedition
🏛️ Precedence of the Prince Consort
🏛️ Governance & Central Administration18 March 1840
Royal Family, Precedence, Prince Consort
- Francis Albert Augustus Charles Emanuel (Field Marshall His Royal Highness, Duke of Saxony, Prince of Saxe Cobourg and Gotha), Granted precedence next to Her Majesty
🌏 News regarding the Government of Spain
🌏 External Affairs & TerritoriesSpain, Army, Finance
- Espartero, Commander of the Spanish army
NZ Advertiser and Bay of Islands Gazette 1840, No 13