To Builders

ENTREPRENEURS engaged in Building will save 50 per cent by giving timely orders, and stating the lengths and dimensions to suit their Buildings, to Mr. Black, who can supply timber to any extent.
Opposite Russell,
Sept. 2nd, 1840.

WANTED, a Steam or WATER SAW MILL.

Apply to Dr. at the Victoria Hotel, Kororareka, or at Hokianga.

WANTED, a person who understands Books.

Apply to WM. WILSON.
21st Oct.

WANTED, a pair of Sawyers and Brick-makers for the Thames.

Apply to W. V. Brewer, Esq.
Oct. 21st, 1840.

THE UNDERSIGNED,

ARE prepared to purchase to any extent, Black Oil, Sperm Oil, and Whalebone, either British or Foreign.
HENRY THOMPSON & CO.
July 26.

Birth—Nov. 19, the wife of Mr. Thomas Addeman of a son.
Death—Nov. 22, at Kororareka, Captain Richards, late of the Harriet.

We beg respectfully to inform all parties indebted to this Office, that as it is impossible to conduct an Establishment of this sort without heavy expense, we shall be under the absolute necessity of charging the rate of Banking discount upon all arrears, not paid up before the close of our current Quarter, ending December 3rd.

(Let it not be forgotten that we are labouring under all the difficulties of the present state of things), for the general good.

The New Zealand Advertiser,

AND

BAY OF ISLANDS GAZETTE.

KORORAREKA:-November 19, 1840.

The question of the legality of the Sydney Commissioners Act lies within a very small compass. It recognises a power as residing in the Governor and local Legislature, which cannot be supposed to exist by the authority of an Act of Parliament, that namely, of annulling solemn National Treaties, and interfering with the rights of property founded thereon. Does such a power exist?—that is the point. If not, Sir George's Act is mere bluster and threat. He dares not, by virtue of it, meddle with the property of the Country. This Act must be rescinded, and a new one passed, recognising the former National Independence, the rights of the Natives, and the legitimacy of equitable land purchases from them. No Act not recognising these grand points could be deemed valid in an English Law, for it is a primary fact, to which everything else must conform, that a Treaty was voluntarily entered into on the part of the British Government, with the Natives of this country, establishing their Absolute Independence of all foreign claims and control.

No man of sense can deny these things. We ask, then, who is to enforce the Act in question? Not Captain Hobson certainly, for we have good reason to believe that he sees the iniquity and illegality of these things and has no good opinion of them.

of him to pin himself to carry out such a piece of wickedness. But admitting the willingness of the ruling party to do this thing, where is their power? There is, we may venture to say, not one person of any description in New Zealand, that is not altogether opposed in judgment and interest to this proceeding. It would require a mighty force to defeat the united common sense and feeling of the people of the Country, Native and European, backed as it is by the conscience of the Lieutenant Governor himself. We are, then, as sure as we can be, that as far as this Act is concerned, the Colonists will retain possession of their property. This Act will, probably, prove powerless even in reference to those cases, many or few, in which purchasers or claimants have really defrauded the Natives: for it is impossible to make any safe use of a law, the very basis and essence of which is flagrant wrong.

We confess, then, that we have no fear of the operation of this Law, and had we any landed property, we should sleep undisturbed by any such apprehension. We would place ourselves confidently under the shelter of the Crown and the Constitution, and in perfect repose of mind await its decision.

But in the mean time who is to shield us from the terrific consequences which are coming upon us by means of the uncertain state of the Government and the Country? The penalty for the crime of holding property here, not only in land, but other description, has been already inflicted to a most fearful extent. Who is to be responsible for the ruin under which multitudes of innocent parties must fall, if the present suspension continues three months longer? If Sir George has any ill-feeling towards this country—and who can doubt it?—though his Act—he must be aware, is legally worth nothing, yet his hatred must be glinted with satisfaction, when he is made aware of the injury he has already inflicted.

In one point, indeed, we cannot think our local branch of Government blameless, in reference to the present state of things. We will suppose that it was deemed an object of importance to get the Colony established as soon as possible. In such case, the natural course would have been to favor existing interests, to forward townships already established, by embracing them in preference to any others as seats of Government, to institute with decision and promptitude every means of protecting person and property, and rendering the latter available for the purposes for which it was acquired; to employ, however few might be found fit for the purpose, only such men as understood public business, and had probity enough, without partiality and reserves, to execute it. The money spent in this manner would be found to be far less in the end than that which is squandered in a state of so great indecision, and ineffectiveness; and if it were more, it would not be lost, because the object attained would refund it. But now, a year will soon have passed away since the country was claimed as British ground. What has been done? Have we well advanced one step in the furtherance of public matters? Where is the Capital of the country? Kororareka, a township abounding in facilities, and filled with Commercial enterprise, manifesting the strongest tendency to grow in spite of all discouragements, is checked in every way possible, and a nominal Township temporarily in its stead, to take away the Government business. The actually contemplated Capital is not yet in existence. The holders of land in the established Townships are told, that they shall be despoiled. Our police matters are conducted with a strange and unaccountable degree of irregularity. Our prisoners are either unlawfully detained in places unfit for human existence, or as unlawfully discharged. The illegal acts of one individual are connived at, though too often repeated as to be notorious, while the Law must be pushed almost beyond its length in other cases. In the mean time nothing is officially done which is calculated to settle the public mind.

If things go on long at this rate, we ask how will it be possible for the Government ever to raise a Revenue? Not from the lands, for the Natives declare they will not sell them to the Crown. Not from Trade and Commerce, for they are advanced in decay, and will soon utterly perish. Shall we subsist, then, on a Sydney Loan? Who is to repay the money thus borrowed, when there is no possibility of raising a Revenue?

Surely, Surely, our Governors have no feeling for the people committed to their charge, they will have some for themselves. We dare no longer withhold our reprobation of these things. The thing ought to have been different. There has been time enough for the birth to have been complete. The Colony will be still-born, strangled in being ushered into existence, and who will be willing to bear the blame?

One word to the Colonists. Let a fit man be despatched at once to England with the Memorial and Protest, and to represent the actual hardships of the case—and we can venture to promise them success. We are afraid that nothing else will re-establish public confidence, or correct the evils we complain of.

It appears that our recent article on the licensing Act has given some mortification. We hope it will do more—that it will lead to immediate correction of certain abuses. If not, it may be relied on that we have not done with the subject. We see no reason why the Magistrates should not keep a strict eye on the proceedings of certain officials, especially as he is rather urgent in the case of other inn keepers. We shall probably have a word with him on another matter with which he is well acquainted.

It is rumoured that the New Zealand Company have had their Possessions confirmed. Does there arise from the fact that a Bill on their behalf had passed the House of Commons?

FATAL ACCIDENT.

On Friday 6th Nov., about 10 o'clock in the evening, while the schooner "Harlequin" was lying at Coromandel Harbour, one of her boats having her sail fastened, was upset by a sudden blast of wind, and two sailors and a Native were drowned. Mr. Abercrombie narrowly escaped by clinging to the bottom of the boat, and was saved. One Native is kept by swimming to the schooner.

The Vomat, whaler, came from Pa-roa on Friday. Captain Bremis, we understood, dangerously fit.

The schooner Russell arrived from the Thames on Saturday. The Anna sails this day for Sydney. The brig Teresa sailed for Port Nicholson on Friday.

We shall furnish a report of the Sale of Merchandize, &c., of Messrs. Thompson and Co. in our next.

Sperm oil about the middle of June brought from £80 to £85 per tun; other oils in proportion; whalebone brought about £100 to £110 per ton.

Police Report.

RUSSELL, Nov. 14, 1840.
Before Thomas Beckham and H. R. Stuart, Esqrs.
Captain Lancaster, of the brig Admiral, was charged with detaining a Mail on board that vessel several days after her arrival in port. The Postmaster, as usual, went for the mails, and had a certain number delivered to him by the Mate, who said, it was all.