Her Majesty's Flag has been planted at Bank's Peninsula by Captain Stanley, Commander of the Britomart. We understand that it was by taking a haul run he contrived to arrive before the French ship of war L'Aube, and that the Britomart was considerably injured in her haste.

The Custom-House is now being erected at Korararika.

Mr. Shortland has returned from Port Nicholson.

In South Australia and elsewhere the Aborigines are not deemed legally competent to possess and enjoy landed property, and other rights of citizenship, but if they commit a crime against life or property, they are deemed perfectly competent to be punished with the utmost rigour of the Law. This is JUSTICE.

We are informed that His Excellency is about to visit the Thames.

To the Editor of the New Zealand Advertiser and Bay of Islands Gazette.

SIR, - The Sovereignty of her Majesty to New Zealand is exclusive as it regards the European powers, entire as it regards European settlers, but only conditional as it regards the Natives. Every European is subject to British authority, but no Native is subject to that authority but by his own choice. Now, it so happens that the soil of this island is still not vested in the Crown, and cannot be but by the "indigenous consent" of the Native tribes. This is the doctrine of Lord Normanby's Instructions, and other despatches on the same subject. It is this distinction which alone accounts for the fact, that Captain Hobson holds two opposite appointments - He is British Consul in regard to this as a foreign and still independent state and he is Lieutenant Governor in relation to it as a British Colony. It is worth while for you to print the extracts below. - I am, Sir, your's, &c.

OBSERVER,

I am to request that you will further advert to Lord Normanby, that adverting to the peculiar circumstances which have attended the location of British subjects within the Territory in question, we deem it necessary to suggest, that the annexation of that Territory to the Government of New South Wales, and the exercise of the powers it is intended to concede to the Governor and Council of New South Wales, or to the Officer about to proceed to New Zealand in his capacity of Lieutenant Governor, any assumption of authority be-oil that which to the British Consulate, should strictly conform upon the indisputable preliminaries of the Territorial Council, having been obtained by the consent, and free concurrence of the Native Tribes.

(Signed) G. Penington, Esq., to J. Stephen, Esq.

Another letter from the same to the same, requires, that the possibility of failure in obtaining from Natives the contemplated Territory, and procuring a Revenue being admitted, any expense over that, necessarily attaching to a British Consulate, should be provided for by an appeal to Parliament:-

"My Lords have considered it necessary that the arrangement should be made under the cognizance of Parliament - and they have, therefore, directed the copy of their Minute giving the instructions named to Lord Normanby, shall be laid before the House of Commons."

The instructions addressed to Captain Hobson as British Consul, were from Lord Palmerston, the Foreign Secretary, while those relating to his Government were given by the Colonial Secretary. What is to be inferred from this distinction, and especially from the lone fact, but that to this very hour, the Chiefs and Natives of this country who have not ceded their rights in the most unconstrained manner, constitute still, to all intents and purpose, an independent Nation.

To the Editor of the New Zealand Advertiser and Bay of Islands Gazette.

SIR - It is a matter of great importance to a young community, that the Administration of justice should be speedy, intelligent, and well regulated.

In any community of British subjects, it ought to be dishonest for partiality or ignorance to sit on a judicial bench.

Consider there is great want of method and regularity in the conducting of Magisterial business in this settlement.

The expressions made use of tend not to the dignity of justice, the tearful and protracted adjournments excite suspicions of incompetency or design.

Without in the least to reflect on any of our Magistrates, would suggest the absolute and immediate necessity of some person being appointed as Chairman, utterly unconnected with any local interests, of legal knowledge, so that he might possess a salutary influence over the Bench, and correct any undue bias that may unwittingly be effected towards any applicant for justice.

I remain, Sir, obediently your's,

A COLONIST.

Wai Keri, Sept. 27.

It is to be hoped that the Police system of the penal settlements may not be permitted among the unfettered and the free.

To the Editor of the New Zealand Advertiser and Bay of Islands Gazette.

SIR,

New Zealand is pinned, is one which must call into activity the energies of those who compose its inhabitants, unless they are content to be deprived of that which, hereafter, may prove a source of great wealth to them. An Act has passed which threatens at no very distant period, to charge us with the payment of part of the expenses of the Colony of New South Wales, by allowing the Government of New South Wales to have the guidance of the Colony of New Zealand, her Majesty's Ministers have looked no further than the ridding the English Government of the expenses which are necessarily attendant on the formation of a Colony. In so doing they have been aware that the people of New South Wales would be ill satisfied to advance the necessary sums, unless placed in situation with regard to New Zealand, which would enable them to reimburse themselves. What security have we that they will not go farther than this, or that the money arising from future sales of Land will not find its way into the Treasury chest of New South Wales? Sir George Gipps with his usual money-making desire, has persuaded the Council, who, for the most part, lie in the hands of the Power - that all titles to land in New Zealand are null and void; not to be proved so by any Law extant, nor to undergo the scrutiny of any number of persons whose decision shall be final until that such titles shall be recognized, which, passing the fiery ordeal of Sir George Gipps, and having, secondly, been recommended and approved as just by the Commissioners, must be again subject to any unjust refusal, or, to say the least, whim or caprice of a man, who, by the desire of the New Zealanders as well as our own Colonists have to be rid of him, seems to have proved himself obnoxious to both these fast-rising settlements.

Shipping Intelligence.

ARRIVED.

Sept 27 - Brig Victoria, Captain, from Sydney.

SAILED.

Sept. 26 - The Jata, whaler, Captain Neelf, on cruise.

Sept. 26 - Daniel Webster, American whaler, Captain Baker, on cruise.

Sept. 28 - Eliza, American whaler, Captain Radcliffe, on a cruise.

Sept. 29 - Fanny, French whaler, Captain Holloway, on cruise.

Oct. 1 - Unique, Sinned, Capt. Gicares, for Sydney.

POLICE REPORT.

Russell, Sept. 21.

Two men were brought up from the Eliza, American whaler, Captain Radcliffe. Their conduct had been mutinous on board, and on being threatened with punishment they acknowledged themselves prisoners of the Crown, who had escaped from Sydney, as it appeared on examination. They are now in confinement, and are to be sent back to Sydney.

Richmond and Samuels, sawyers in the employ of Mr. Muir, were sent to two months imprisonment for absconding from their hired service. It is generally known, although a fact very important both to employers and their servants, that any person entering into an agreement to serve for a certain period subjects himself to be imprisoned for a period not exceeding six months, if he absents himself from his work, at any time during the period he has agreed to serve for.

Korararika, Sept. 22.

Before Mr. Cooper, Mr. Muir, and Mr. M'Donough.

Captain Todd, of the fairest fame, was charged with kidnapping a boy, 6 or 7 years of age, the son of Bernard Curry. It appeared in evidence, that the boy had gone on board the above named vessel of his own accord. On other points the evidence was contradictory. The case was dismissed on the Captain paying costs.

Mike O'Brien was charged by the Native Muncouni, son of Chief Rivers, with an assault, on Sunday last. It appears that a child belonging to Mr. England, the shoemaker, was nearly ridden over by the above Native, which caused a rather serious affray between several Maories and Europeans. As it appeared that the affair originated in this instance, with the Native, the charge was dismissed, the Chief Constable receiving orders to prevent occurrences of the like nature in future, the Chief, engaged to keep the peace in order, in case of any complaint being made to him.

Sydney Markets

Rum per gallon, 5s 6d, gin 5s, brandy 9s, Taylor's O.E. per hhd, £5 10s, ale £5 5s, Port wine per pipe £45, sherry, per butt, £45, Madeira per pipe, £35, Ten rifle per pipe £15. Cape, best, 40 gallons £12 10s, Mauritius sugar per ton £20, refined leaf per lb 6d, tea per chest £9 12s 6d, by ton sugar per ton £20, Java coffee per lb 6d, per bag £7 10s, tobacco per lb, 10d, Manila cigars in bond £2 10s, salt per ton £5 5s, soap per ton £33, candles 6d per lb. Irish pork per barrel, Irish butter 1s per lb, V. D. Land potatoes per ton £16, sperm oil per ton £60, Black per ditto £33, poultry per lb 1s 2d, dried lead per ton £28, pig per do £10 10s, per fat variety 30s, stock cattle, Sydney wheat per bushel 7s, Derwent 8s, fresh butter per lb 2s, cheese 1s to 4s, bacon 4d to 1s, eggs 1s 4d to 2s per dozen, beef 4d to 5d per lb by the carcase, 6d to 8d by the joint, mutton by the carcase 3d to 4d, by the joint 4d to 5d, Bread 4d per loaf. Australasian Chronicle, Sept. 12.

Printed and Published by G. A. Eagar and Co., Proprietors, at the Office, Turner's Terrace, Bank Square, Kororarika, Bay of Islands, New Zealand