Shipping Intelligence

ARRIVED.

Oct. 9.—The schooner "Dolphin" from the Thames.

13.—Schooner "Harlequin," Captain Elliott, from Sydney. Consigned to Messrs. Symmons, Weston & Co.

13.—Brig "Nereus," Captain Chapman, from Sydney.

13.—Whaling barque "Frolic," from the grounds.

SAILED.

Oct. 11.—H. M. B. "Britomart" for the Thames.

12.—Schooner "Dolphin" for the Thames.

Departures immediately expected. The "Bolina" direct for England, chartered by Government to take home the crew of the "Buffalo."

11.—H. M. Ship "Favorite" for the Thames.

The "Harlequin" for Sydney.

The "Currency Lass" sailed on Monday, we believe, for the Sandwich Islands.

We will here remark, that Mr. Hooton, who has requested us to state, that we were in error last week in saying Mr. Hooton, one of the owners of the above schooner, was...

[The correspondence is of very great importance, not only to the interests of New Zealand, but to the whole system, or rather the heterogeneous confusion, of British colonisation.]

It is with surprise that we learn from this correspondence the very important fact, that the right of Great Britain to sovereignty over New Zealand has never been asserted by the Colonial Government. It is stated in the most positive terms by Lord John Russell, that such a right has not only never been claimed, but has been positively repudiated and rejected. In a memorandum, dated March 14, 1840, sent by the Colonial Secretary of State, through Mr. Stephen, to Mr. Backhouse, Lord John tells us that—

The answers made by foreign nations to such a claim of sovereignty are two: first, that the British statute book has in the present century, three distinct enactments, that declared that New Zealand is not a part of the British dominions; and secondly, that King William IV. made the most public, "solemn," and emphatic declaration which it was possible to make, that New Zealand was a substantive and independent state.

The recognition by the King, Lords, and Commons of Great Britain of the fact that New Zealand is not part of the British dominions, will be found in the statutes 57 Geo. III. cap. 53 sec. 3, and 9 Geo. IV. cap. 83 sec. 4. The following are extracts from each of those statutes:—

"The Act 57 Geo. III. cap. 53 is entitled, 'An Act for the more effectual punishment of murders and manslaughters committed in places not within His Majesty's dominions.' It sets forth—'Whereas grievous murders and manslaughters have been committed at the Bay of Honduras, in South America, &c., and the like offences have been committed in the South Pacific Ocean, as well as with the seas & on land, in the islands of New Zealand and Otaheite, and in islands, countries and places not within His Majesty's dominions, by the masters and crews of British ships and other persons who have for the most part deserted from, or left their ships, and have continued to live and reside amongst the inhabitants of such islands,' the Act then provides for the punishment of offences so committed in the said islands of New Zealand or Otaheite, or within any other islands, countries, or places not within His Majesty's dominions, nor subject to any other European state, &c."

"The statute 9 Geo. IV. cap. 83, sec. 3, enacts that the supreme courts in the colonies of New South Wales and Van Diemen's Land may try offences committed in the islands of New Zealand, Otaheite, or any other island, country or place, in the Indian or Pacific oceans, &c."

In the month of June, 1832, a Bill was brought into the House of Commons, for the prevention of crimes committed by His Majesty's subjects in New Zealand and in other islands in the Pacific ocean, not being within His Majesty's dominions. The bill was rejected, because parliament could not lawfully legislate for a foreign country.

On the 13th of April, 1833, the Governor of New South Wales, in obedience to Lord Ripon's orders, addressed instructions to Mr. Busby, in which New Zealand was expressly mentioned as a foreign country, and Mr. Busby himself as being accredited to the Chiefs. That document throughout assumes the independence of New Zealand.

On the 29th of April, 1834, General Bourke transmitted to Lord Stanley a proposal from Mr. Busby for establishing a National Flag for the Tribes of New Zealand in their collective capacity, and advised that ships built in the island, and registered by the Chiefs, should have their registers respected in their intercourse with the British possessions. Sir R. Bourke reported he had sent three patterns of Flags, one of which had been selected by the Chiefs; that the Chiefs are continuing with the commanders of British and three American ships, to witness the inauguration of the Flag, on which the officers of H. M. S. "Alligator" were also present. The Flag had been declared to be the National Flag of New Zealand, and duly saluted by the "Alligator," a British ship of war.

On the 21st December, 1834, a Dispatch was addressed to Sir R. Bourke by Lord Aberdeen, approving all those proceedings on the part of the King, and sending a copy of a letter from the Admiralty, stating, that they had instructed their officers to give effect to the New Zealand registers and to acknowledge and respect the National Flag of New Zealand.

If these solemn acts of the Parliament, and of the King of Great Britain, are not enough to show that the pretension made by this company on behalf of her Majesty, is unfounded, it might still further be refuted by a minute narrative of all the relations between New Zealand and the adjacent British colonies, and, especially, by the official decision of the supreme courts of these colonies. It is, however, presumed, that the above statement, it would be superfluous to accumulate arguments of that nature, and discuss them intelligibly without being tedious.