To the Subscribers to the "New Zealand Advertiser and Bay of Islands Gazette," and to the New Zealand Public at large.

Fellow Colonists,

We are under the necessity of suspending for a week or two, the Publication of our JOURNAL, the cause of which we are about to relate:-

On Wednesday evening last a Notice from the Colonial Secretary, Mr. SHORTLAND, was received by our Editor - to the effect, that the Acts of Council of New South Wales regarding the Printing and Publishing of Newspapers, were to be enforced here, and that it was necessary that the provisions of those Acts should be immediately complied with. He was accordingly directed to repair on Saturday, to the Colonial Secretary's Office, Russell, to make such Affidavit as the Act required.

In obedience to this instruction, the Editor proceeded to Russell on the day appointed, but the Affidavit could not be made owing to Mr. Shortland not being there to meet him. The only object, therefore, which could be attained by the journey, was to get a sight of the Acts referred to.

The second Act is merely an extension of the power to take Affidavits to the Police Magistrates in all places except Sydney, and, therefore, did not particularly bear on the matter we are about to submit to you. From the first Act, which was 8 Geo. IV., No. 2, passed in the time of Governor Darling, we have gathered the following particulars:-

Clause IX. requires that "the true and real name, addition, and abode of the Editor, Printer, Publisher, and Proprietor" of every Newspaper, be printed in some part thereof, under the Penalty of £100.

Affidavit to relate to the identification of the parties whose Names are so printed, for the more easy bringing them to justice in any case of Libel.

Clause XVI. requires, that from the 1st May, 1827, Recognizances should be entered into by the Editors, Printers, or Publishers of any Newspaper—Recognizances in £300 on their own part, and £150 on the part of two or three sufficient Sureties, which would, probably, be considered forfeited in case of any Conviction under the Act. Penalty for omission of this requirement before the Publication of the Newspaper, £20.

Clause XX. enacts, that persons convicted under this Act of "Seditious or blasphemous Libels," or of any expressions tending to bring the Government into hatred or contempt, shall be punished, at the discretion of the Court, as in cases of high Misdemeanours, or by Banishment from the Colony for any number of years.

On the discovery of these points it was immediately perceived, that in case this Law were to be applied, if we persisted in publishing our Paper, after the Notice we received, without entering into the Recognizances required, we should subject ourselves to a Fine of £20 for each Publication, and that the Affidavit would bring us directly under the operation of the Act. We immediately took Legal advice on the subject, which coincided with our own conclusions, and we felt it to be the safer course to suspend our Publication for a week or two, till we could see in what way the difficulty could be obviated.

That it is the intention of our Government to bring these Acts into force in this Colony is perfectly evident and the conclusion therefore is, that every person undertaking to Edit, Print, or Publish a Newspaper, will have to choose which of the following courses he will follow—either to find the required Recognizances and subject himself to the harrassing operation of the Libel Clause, which is the twentieth of the Act above quoted, and, therefore, remain in perpetual fear of writing or publishing a single word condemnatory, or supposed to be so, of Government proceedings, —or to print or publish, liable to a weekly fine of £20—or to drop the Paper altogether.

Such, Fellow-Colonists, are the actual circumstances to which this proceeding on the part of the Government has reduced us, and will, if the same be resorted to in all cases, reduce every person undertaking a Newspaper concern in any shape whatever, in New Zealand.

One thing has now become manifest, the Government of the British Colony of New Zealand does not wish a Free Press; while, on the other hand, our feeling is—a FREE PRESS, or NONE AT ALL; and on this principle we have finally made up our minds to act. We will not be fettered by any Law or any power as to what we write on political matters affecting the rights of every Colonist and of every Native. And when this privilege is denied us, we will altogether lay down our pen.

But the question arises—1st, is the Lieutenant Governor of New Zealand obliged to bring into operation the Acts of Council referred to? We believe he is not. He is not so far under the authority of New South Wales as not to have a discretionary power in matters directly and solely pertaining to his own Government, and sure we are that the Secretary of State for the Colonies would justify and commend his laying such an Act aside as worse than useless.—2nd., Are those Acts actually and certainly operative with regard to New Zealand? In answer we should be referred, doubtless, to the Act of Council 3rd Victoria, No. 28, published in our 12th Number, August 27, authorising the application of New South Wales Laws to this Colony. There is an exception, however, in that Act. Those Laws are "to extend to, and be in force in, the Administration of Justice within her Majesty's Dominions in the Islands of New Zealand, so far as the same can be applied."