TO SAWVERS,
Brick makers, and Wood cutters.

CONSTANT employment and liberal encouragement will be given to one or two pairs of each, steadily. Apply
BLACK & KEN.
Opposite Russell.
Sept 2nd, 1840.

THE UNDERSIGNED,
ARE prepared to purchase to any extent, Black Oil, Sperm Oil, and Whalebone, either British or Foreign.
HENRY THOMPSON & CO.
July 29.

The New Zealand Advertiser,

AND

BAY OF ISLANDS GAZETTE.

KORORARIKA: October 29, 1840.

"To talk of an illustration at our home, how coolly do we think on and behold, lands held by unquestionable charter from Almighty God, in defiance of an hundred Treaties by which the faith of this country has been pledged in violation of every acknowledged law, human and divine, wrested from a people, by whose forbearance, centers ago, our fathers were permitted to exist!"

The foregoing passage is extracted from a published Lecture on Education of Professor WAYLAND, of one of the American Universities. The Professor is shewing, by various examples, at the soul of which he places the above, as the most striking—that, Education has yet a vast work to do in removing the prejudices which hold the understandings of men to the most obvious and affecting truths. He regards it as a prejudice, that a civilized power, like that of the United States, ever held a right to dispossess of their lands the Aboriginal inhabitants of their country. And he speaks of it in a way which would lead us to infer, that the people with whom he was conversant, were fully aware of this natural defect in the title, by which they held their estates, and were merely so habituated to apathy on the subject, that they never manifested the least concern about it.

Sir George Gipps then takes a far bolder course than the inhabitants of the United States. He not only denies the fact, that Aborigines hold their Lands "by unquestionable charter from the Almighty"—but he expresses surprise that such a sentiment should be uttered. As to common sense, and the private knowledge of natural right and justice which may influence the opinions of the mass of society—if they lead to the formation of any opinion at all, he deems it right to take no notice of it, forgetful altogether, that common sense and public opinion are things far stronger than the strongest Statute. The opinion prevalent, nay, universal, among politicians and legislators, he seems to say, is mterly opposed to the notion, that civilised Governments may not claim the property of uncivilized men.

Sir George, however, is wrong in supposing, that that notion of the matter is not ours among politicians of the present day. There is one exception, at least, which, however it may be too undistinguished and unimportant for his magnificent comprehension to rest upon, may possibly be found to have some weight—it is that of the present Government of Her Majesty Victoria, Queen of Great Britain, whose declared sentiment is, that the title of the Aborigines of this Country to their soil is indisputable. However, Sir George thinks that, precedent ought to decide the matter, and this is what he thinks all-sufficient to swallow up every other consideration. Perhaps a fair view of precedent would not be quite so favourable to his view of the present case, as he has made it appear. We are, indeed, fully convinced of this. But it is not on this point we wish to insist. We have firmer ground. Independently of all precedents and usages customarily employed by civilized nations, and which can apply only to nations which are civilized, and, therefore, supposed to know and acquiesce in them, we declare most peremptorily in the name of eternal and immutable justice, that the Nation which seizes by force, and appropriates the lands held by any people, whether civilized or not, is to be held most flagrant transgressor of the Law of universal right. Admit that all Nations have done this, and what then? Why, it only proves their guilt, and justice remains the same. The first occupiers of a country do most certainly hold it "by unquestionable charter from the Almighty"—and woe be to the Nation, or the individual, public or private, who either by force or fraud deprives them of it.

As it regards the Natives of this country, they are altogether a different people from those whom Sir George conceives them to be, and we are quite sure that he will not be able to manage them by an Act of his Council.

As to precedent, if it be limited to decide cases of natural justice, there is no mischief which may not be authorised. Precedent, in consequence of the corruption of mankind, will, generally, be found on the wrong side. The people and the Rulers only require to be educated, and then they will see that nothing can be more foolish than to make right, which is unchanging, submit to precedent, which varies according to every man's humour.

If it had been the intention of the Sydney Legislature to cut up this young community by the roots, they could scarcely have adopted more effectual means than that which they have employed. The dullness of Kororarika in comparison with its former activity, is becoming proverbial. Indeed, it is useless to disguise the fact, that there is almost nothing doing in trade, and the little that yet remains is done at prices which can only cause loss. Why has Sir George Gipps acted so cruelly? and what amount of moral responsibility rests upon his conscience, for the fearful injury he has inflicted in unsettling the mind of every Colonist in New Zealand? are questions which he, only, can answer.

It is idle, however, for him to think of being borne out by the British public and the imperial Government. We are quite persuaded it cannot be; and, moreover, we believe, that not only the character and situation of the Natives, but those of every Settler, stand in insurmountable obstacles to the actual enforcing of the Commissioner's Act. Nothing but ignorance of the subject could have produced and passed such a measure. But if, indeed, the matter be persisted in, the Act will defeat itself, by rendering it impossible to raise a revenue, and, consequently, by preventing the establishment of a Colony here at all.

Settlers in New Zealand, years ago, represented to the Government at Sydney, that their lives and property were endangered by the violence of the Natives, and requested to know if British authority might not be extended for their protection. The answer was, "No. you placed yourselves of your own accord beyond British dominions, and you must, therefore, bear your own risks." But now that the fruits of these risks are being reaped, the Government of Sir George Gipps, in the name of her Majesty, though falsely so, claims a right to carry off the Harvest. Surely, every man's sense is sufficient to tell him that this is a most monstrous inconsistency.

The Memorial and Protest have been very extensively signed, though we have not yet heard from any of the more distant places. By the way, for the sake of information we may as well say, the subjects of other Governments, being equally concerned in the matter, ought to sign the Protest, which is as much an appeal to their own Governments as that of Great Britain. It is otherwise with regard to the Memorial, which should be signed only by British subjects.

We are assured on good authority, that the individual now going about as common informer, and through whose means several persons have been brought before the Bench, has been, if he be not now, a prisoner of Van Diemen's Land. Much as we think it necessary that all intentional evasions of the Laws should be informed against, we are decidedly of opinion that the encouragement of such a person in his attempts to benefit himself by the faults of others, should itself be regarded as a public wrong. It is not such persons whose accusations ought to be listened to. A common informer is a common nuisance.

Police Report.

Information Queen v. Potter—Retailing without a License.

On Monday the 19th instant, the case of Mr. Potter came on for trial at the Police Office, Russell, before A. K. M'Donough and H. D. Smart, Esqrs., Police Magistrates. It appears that the case was dismissed in consequence of the Informer not drawing out the information according to Act of Council.

A witness in the above case, named Beck, was fined £10 for not giving his evidence when called on by the Bench.

Shipping Intelligence.

The Wee left the Harbour for the Thames on Friday last, but was obliged to return on Sunday, in consequence of the weather. On Monday she again sailed for the same Port. The schooner Ariel left the same day for the Coast. The brig Patriot yesterday for Port Nicholson, and the schooner Harlequin, Elliot, master, for the Thames, with the following passengers: Mr. and Mrs. Batteny, Mrs. Mason and child, Messrs. Wood, Booth, Warner, Gordon, and two steerage passengers.

Original Correspondence.

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

SIR,—Permit me through the medium of your Paper, to offer a few remarks upon a subject which must necessarily engage the interests of all classes in this country to a certain extent. I allude to the praiseworthy efforts which are now being made in every part of New Zealand, to oppose, by legitimate and Constitutional means, the New Zealand Commissioner's Act of the Governor and Council of New South Wales. The Settlers of this country have been accused, and, perhaps, justly, of apathy if not indifference, to their own interests. It must be acknowledged that there has been hitherto a great want of union, and that in making feeble attempts to secure their land property, the general good has been neglected. I am glad, however, to see, that a different spirit is now manifested, and that the Landholders of New Zealand have at length amused themselves from their seeming lethargy, and assumed something of the lion spirit of the country, whence they have sprung. Patience and forbearance are the characteristics of the English name, but there is a point at which endurance ceases to be a virtue, and patience under wrongs which may be redressed, becomes an indication either of folly or cowardice. This Gladstone know and appreciate their rights as free-born subjects, and however far removed from the manor homes of their father-land, they feel that they have still an interest in the Island of the free and...