[...] the remains such, is under the protection of the Imperial Parliament; and that of the Representative part—the House of Commons, in particular. No man can be placed in any position by the Crown, in which he has not a full right to appeal to the judgment of Parliament upon his condition, and to claim its interference if that condition is found to be unjustly forced upon him. The British Constitution comprehends all the natural rights of every British subject. This is evident from the fact—that if such a subject offend against the laws emanating from that Constitution, he is liable to be punished under its authority for that offence. Now, the constitutional rights of the subject must necessarily be co-extensive with his liabilities. The one clearly supposes the other, hence slavery, the last acknowledged violation of this principle, has been abolished; and every British subject has naturally an equal right of liberty and property, and in case of the real or supposed violation of these, by the assumption of power, he has an equal right to call upon that House for its judgment, which is in its very nature the guardian of the Constitution!

Now, to apply these remarks to the case before us—here is an Act of a Colonial Legislature—issued, in the name of the Crown, by which a right is claimed on the part of the Crown, to interfere with certain property held by British subjects. The power claimed is absolute, so that not an acre of landed property is secure to its present possessor, whether Native or European. The parties aggrieved have a right of appeal to that power to which the Crown itself is amenable; and from this it would inevitably result, that so long as there is an appeal made to Parliament against the Act on this ground, and the answer has been neither formally nor virtually given, it will be unconstitutional to put the Act in force. The Crown has a full right to issue a Commission by which the claims of property may be tried, but in a great and national question like this, there is no judgement which must not be subject to the revision of Parliament if an appeal be once properly made; for there is no right affected by this measure which is not the common right of all British subjects.

Can the Commissioners’ Act be brought into operation in this country?—is a question which seems never to have been present to the minds of the Governor and Council of New South Wales. It would have been wise if they had spent a few months here prior to deliberation on the subject. We suspect we should have seen a very different proof of their wisdom if they had done so.

Since the preceding articles were set up, we have heard that it is in contemplation to call a Meeting, to adopt a Petition to the Queen, for the separation of New Zealand from the Colony of New South Wales. We have scarcely room this day to say more than that we believe the object of the meeting would be strictly that just mentioned, and no other, that we most cordially approve that object, and most earnestly hope, that on this single point the Colonists will be unanimous, and that we have good reason to feel a high degree of confidence as to the success of such a Petition.

There is but little room to doubt the propriety and necessity of the separation to be prayed for, and we suppose that there is not a person resident in New Zealand, who does not think as we do. For our own part, we look upon it as absolutely essential, to form this Country into a British Colony at all, for the destruction of the Trading interests of this community, in consequence of our dependence upon the Government of New South Wales is becoming more fearful every day.

We urge, then, that every Colonist, whether Landholder or not, should unite in adopting such a petition. Sufficient time may be given for the union of all persons in every part of New Zealand. There is one thing to be considered of not a little weight, that an appeal from an inferior to the highest authority in the empire, on a point comprehending all others, would have the effect of suspending particular legal proceedings, injurious to the Colony, until the answer of her Majesty be received. At least, so we believe. We may add, that if the Colonists be not prompt in adopting a measure necessary for the restoration of public confidence, but few persons at present resident will find it practicable to remain. We expect that next week the advertisement will appear, calling the Meeting adverted to.

A most singular case was brought before the Court, at Russell, on Monday, the particular account of which we shall be able to give in our next. In the mean time we may state just the following: Captain Davis, of the Currency Lass, had received a summons on Saturday to attend Court on Monday, to answer a charge of Assault. On Sunday, Mr. Hooton, one of the owners, had ordered him out to sea, and was on the point of being obeyed. The constables went on board and took the Captain and were bringing him on shore, when he was ordered back by the owners. The constables then went for the Magistrate, who returned with them. Not, however, being able to effect their object, application was made to the Captain of the Favourite, who, after firing several times, twice breached with balls, armed a boat’s crew to cut off the course of the schooner in her attempt to work out against a head wind. The end was now answered, the Captain and Mr. Hooton taken into custody, and both taken to Court the next day. The affair issued in the former being committed, and the latter bound over, to be tried at Sydney for piracy. The vessel itself is in charge of the ships of war, and will, it is expected, be subject to a heavy fine, and several of the sailors are imprisoned until they can pay a fine of £5 each.

A correspondent suggests, that he lately heard it from the Bench, at Kororarika, that he “did not consider there was such a thing as property at present in New Zealand to be protected by Law, and that, therefore, the plaintiff in the case then pending, could expect no redress.” It would be well to recommend a person, expressing such a sentiment, to the favorable notice of Sir George Gipps, as one very suitable to put the Act in force.

On Monday several of the Native Chiefs of Kororarika waited on the Lieutenant Governor, to represent to His Excellency that their rights were being violated by the erection of the Custom House upon the Tabooed ground where their friends were buried: His Excellency, consequently, came down in the afternoon to investigate the matter. The issue was, that the Custom-House was ordered to be removed without delay, and the workmen immediately commenced pulling down the timber. We suppose it was owing to a suspicion that the thing would not be done according to promise, that Chief Rivers employed his own men the next morning to accomplish the business. Surely, this occurrence will convince the Government, that to have the interests of the Native population of this Island arrayed against it, will be no trifle. The Act of Sir George Gipps, if rightly understood by the Aborigines, would, we are sure, be quite sufficient to rouse the whole of them to irreconcileable hostility. We do not know any thing of the claims which may be urged with regard to the tabooed ground in question; it is enough that the Chiefs felt themselves aggrieved, and demanded and obtained redress. At the same time the readiness with which His Excellency listened to their complaints, shews that he does not wish to violate any man’s rights.

informed that at the sale at Captain Matthew’s, on Monday, Flour was sold at £3 6s. per barrel of 100lbs., tobacco at 1s. 3d. to 1s. 6d., sheep 30s. to 35s. each.

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

(CONTINUED FROM OUR LAST.)

The Governor and Council of New South Wales—not content to advance merely for repurchase or cession of land from or by the Natives, to be re-sold by sales to emigrants, are determined to pounce on such land, as, by its immediate value, will defray all expences incurred by them, and to spare—alike reckless of the destruction of a Colony, situated some hundreds of miles from them, and of the persons who have, in fact, paved the way for the civilization of its aborigines. Our friends in New South Wales are jealous of us, and anxious to ruin our prospects, and to deter emigrants from visiting our shores, afraid that there will not be the same influx of labor in New South Wales. Such being the case, we shall be unable to get any satisfactory answer as to what are the intentions of the Government with regard to Kororarika, or any other place in New Zealand. It is a fact. His Excellency the Lieutenant Governor is as ignorant of as any of us. It depends entirely on the will of a single individual, who is never over communicative. In such a state of things, it is no use trifling away time by deputations sent to Captain Hobson, or remonstrating with Sir George Gipps; the only proper route of seeking redress is by Memorializing the Home Government. I have an extract from the London Courier, now before me, which states, that it is absolutely the duty of the British Government to protect us from outrages by Natives and runaway convicts. Can they in seeing it necessary to do so, have contemplated the depriving or robbing us of that which even the convicts of New South Wales could not, and so make the ruin complete? Can they have contemplated protection by an Act, which at the will of a single individual, can deprive every man in New Zealand of his land and habitation? Depend upon it, had the Lieutenant Governor himself contemplated such a thing he had not been so on the new holds. I do not mean to argue the Law as regards Sir George Gipps’ proceedings, but merely to exclaim against the injustice of them. Let a respectful Petition be forwarded to Her Majesty’s rot from Kororarika alone, (let no selfish principle pervade the thing) stating the injustice done by Sir George Gipps, and the Council of New South Wales, to her subjects in this part of the world; and if such a memorial, properly addressed and numerously and respectably signed (as it may be) fail to receive notice from the Queen and Parliament of Great Britain, (notwithstanding the indifference with which Mr. Thompson says the thing would be treated,) it is time that the motto “God and my right” should be erased from the Royal Arms, and that of “might makes right” substituted.

I am, Sir, your obedient servant,
An Inhabitant of Kororarika.

Shipping Intelligence.

ARRIVED,
Oct. 2—The brig Emigrant, from Warren, United States, with a general cargo.

SAILED,
Oct. 1—The Kate, for Sydney.

Printed and Published by G. A. Eagar and Co., Proprietors, at the Office, Turner’s Terrace, Bank Square, Kororarika, Bay of Islands, New Zealand where, and at Mr. Wm. Wylio’s Rooms, all Orders, Advertisements, and Communications to the Editor are requested to be addressed.