Now, if we were asked to give an opinion in any case indifferent to us, we should say, that a Law CAN NOT
properly be applicable in any case where it essentially defeats its own object. This will be done in the instance before us. It
is not the object of the Act 8 Geo. IV., No. 2, to prevent the publication of Newspapers altogether, but to bring them
entirely under Government control. But if this Act be strictly applied to New Zealand, it is difficult to conceive that such
a thing as a Newspaper could be established at all either in, or opposed to, the Government interest. In a Colony where
there may be from 40,000 to 100,000 Inhabitants, several Papers may respectively have for their share of Subscriptions from
2,000 to 5,000, and advertisements may be in ample proportion. A heavy Fine and heavy Recognizances may thus be
endured by reason of the profits. But in New Zealand, probably for six years to come, a Newspaper can scarcely realize
support sufficient to pay its weekly expences; for, owing to the Population being both limited and scattered, its extreme
inaccessibleness, and the utterly unsettled and unfavorable state of Public Affairs, forbidding any reasonable expectation
of a large increase by Emigration for many years to come, the utmost amount of really available Subscriptions would in any
case vary between 100 and 200, and the Advertisements would be equally few in proportion. How could any Paper, the
amount of whose income would be averaged by £10 to £12 per week, with all its heavy expences to be deducted, endure its
Recognizances of £600, to say nothing of Fines and Penalties, just ad libitum of every Government servant who might
happen to feel wounded by an Editorial remark?

Moreover, in such a place we are quite persuaded that no one could be found to become a Surety in a case
of this sort. The circumstances of the time forbid the idea; and the extreme indefiniteness of the Misdemeanour to be
punished under the Act, rendering a man liable for almost every word, would make such a voluntary engagement on the part
of any man, the very height of folly and madness.

We might argue the entire unsuitableness of an Act passed specifically for a Penal Settlement, to be
applied to another where every man is free. It might, perchance, be right—we do not know whether it is so—in New
South Wales, to enact a Law which should prevent the excitement of the convict mind, and the extension of convict
influence in political matters. But what has this reason to do with New Zealand, which is not, has not been, nor ever
will be, a Penal state? Here, where every man has a direct interest in public measures, and is under no political or civil
disability to have a voice in them, not the least restraint should be permitted to exist.

Now, Fellow-Colonists, just suppose, that this attempt succeeds. Can you comprehend the full extent of
the consequences? There is no power at present in existence here which either can expose or will correct public wrongs,
except the Press. It is the only check public men have under such a system as the present. Even in England it is the
palladium of justice, where the Legislature is the People’s own. But here, where every Officer of Government may do
that which is right in his own eyes, without a free Press there is no palladium, there is no certain defender. The Land
Act, with all its enormities, dwindles into insignificance now. We have heretofore thought it the basis of all injury. We
think so no longer. Once abandon the Press to its fate, and the Colony is ruined and lost, and nothing can retrieve it—
and the Press is then abandoned when its utterance is no longer free.

Let it not be thought that it is our own cause we have been pleading. Since we have been here, the
times have been so decidedly against us, that we have not even repaired the damages we sustained in our voyage,
much less have we realized profit. We have honestly, sincerely, faithfully, laboured for the Public good. Now, our
endeavours are to be checked we appeal to you. We shall suffer great injury by not being now allowed to make
the best use for ourselves of the means we have acquired. But it is not of that injury we speak. We are determined
not to be bound, and it is for the Colonists to determine how far we have their sympathy. We cannot, however,
stand in this warfare alone, and our labours must cease if the Freedom of the Press be not fully maintained. Now
is the time to act unanimously and with public spirit, or all is lost.

A Meeting of our Subscribers and of the Public, is hereby called for Friday next, at 11 o’clock,
to be held at Jones’s Royal Hotel, to consider what steps are now to be taken. We urge to promptitude, unanimity,
moderation, and determination. These qualities will effect our triumph. In New Zealand the Press must be to all
intents and purposes in public matters, unchained as air.

EAGAR & CO.

Kororareka, December 15, 1840.