THE Undersigned are now Landing, and have for SALE, (by Wholesale) the principal part of the ship ‘Hydra’s Cargo; also, Merchandise ex Transfer and Diana, viz: Black and green Tea, sugar, arrack, tin in cases and hhds., ale and porter in bottle, Port and sherry wines, in bottle, 1st and 2nd quality flour, brown and fine biscuits, square cut Negrohead tobacco, sheet lead, 6, 10 and 11 quarter blankets, buckskins, cloths, ginghams, drill, ducks, canvas, Valentia checks, hats, coarse and fine clothing, boots and shoes, glass, plates, oils, glass-ware, earthenware, iron pots, carpenter’s tools, 14th motion and 16th motion or spirit engine, complete, in mahogany cases, nails, cutlery, butler, great coats, striped cotton shirts, oilcloths for tarpaulin, blue oil cloth table covers, tin and metal ware, ivory handled knives and forks, in sets of 50 pieces, Lucifer matches, worsted and cotton stockings and socks, silk Bandanas, carpeting, muslin dresses, trifolium seeds, stocks, 3-bushel bags, cheese, hams, fine salt, iron minge, canvas tents, lined.

Two four-roomed screw houses, 18 feet by 16 feet, made in New South Wales, with shingles, glass, good doors, cella window frames and sashes, locks, keys and hinges; six two-room houses in frame, 80 feet by 16 feet, made in New South Wales, with shingles, same as above.

HENRY THOMPSON & Co.

BY the Undersigned, on board the store ship Tutea at Russell.

Bottled ale and porter in 6 and 3 doz. casks

Brown stout, pale and strong ales

Real Jamaica rum, O.P. in barrels

Rum in hhds. O.P.

Square fig tobacco in tierces, 10 to the lb.

Sugar, rice, flour, bread

Preserved meats, pickles

Ladies’, gentlemen’s and racing saddles

1, true bowl pipes

New Zealand cured pork

Double barrel guns

Tents, lined and unlined

ANDERSON, SCOTT & Co.

July 1, 1840.

The New Zealand Advertiser, AND BAY OF ISLANDS GAZETTE.

KORORARIKA: JULY 23, 1840.

We promised a few words last week on one or two points in connexion with the Land Question, introduced by our correspondent “An Intending Settler.” It is said that Government assumes the previous purchase of land to have been illegal, and that the illegality is denied by two eminent Barristers of Sydney. Now, the term “illegal” does not appear to be the proper word to express the actual state of the case. It supposes the existence of a Law when a thing is contrary to it. The illegality of any point in the British application of the word, would imply the presence of British Law. Now this there was not when the purchases were made; the custom of the country or the power of the Chiefs or Tribes was the only Law. If the purchases were made in accordance with established or recognized practice, they were legal at the time, and must continue so till a different law intervenes. But legality is not always right, especially where laws regarding property are not of such a nature as to secure parties against injustice on every side. In the present case the very supposition that the British Government felt it necessary to interpose by the establishment of its own authority, implies that they perceived that strict justice could not be done to all parties on any other ground. If, therefore, the persons who occupy land, being British subjects, resist the establishment of the British authority, or oppose it when established, by refusing to hold their lands from the Crown, their purchase and possession becomes illegal; and when the Crown resumes the lands, if parties purchase lands irrespective of that resumption, their purchase is illegal but not otherwise. The resumption of lands on the part of the Crown is professedly intended to bring all Europeans under British control, for the simple purpose of doing justice both to the Natives and all other parties. If the Crown maintains that resumption, it must become the source of all titles and whatever titles are not traceable to this Centre must be illegal. In many instances the very same lands may be held and enjoyed by the very same persons, but their tenure will be different, and if they take care to have the right tenure established, their possession will be legal as it now is. The resumption of the lands does not imply the deprivation of the occupiers of its use, but only of its sovereignty. If any possession be found to be contrary to the principle of equity, such possession will not merely be declined to be confirmed, but be rendered illegal, by the refusal on the part of the recognized authorities to confirm the title. But in other cases there may be, as far as the necessity of the case is concerned, no dispossession, and no presumed illegality at all.

It is contended by some of our Contemporaries at Sydney, that Englishmen cannot constitute themselves in savage countries, without the sanction of the Government. Of course, if this opinion be correct, it implies illegality. But we neither ourselves see that this opinion is strictly demonstrable, nor do we think that this is the exact ground on which the British Government professes to colonize this country. The constitution is rather an indefinite thing where its limits are not expressly marked by statutes. It upheld the right of the British Government to interpose its authority wherever its subjects choose to place themselves in such countries as have not already the proper guardianship of express Laws, and when it does interpose, those subjects are bound to yield submission, but we do not think it is maintained on the part of Government, that the purchase of land is illegal previous to the establishment of authority.

The claim which is set up by the Government on the grounds of discovery may, indeed, be construed to imply the illegality supposed, but that claim is not urged with regard to the Northern Island, as some of the Sydney papers erroneously infer from the Proclamation. The NORTHERN Island is claimed from the cession of the Natives, and, therefore, British authority did not extend here till that cession was effected.

We have now stated what our opinion is of this difficult matter in a legal or constitutional point of view. Another time we shall state our sentiments with regard to the moral aspect of the matter, and also with regard to what, under all the circumstances, may be most expedient and just.

Last Sunday, our attention was called to an unusual derangement of public order on various parts of the Beach. On one side a considerable party of French sailors were making use of their liberty in such a manner as most seriously to annoy the more quiet and orderly part of the inhabitants. On the other side we observed Englishmen fighting, and even where sailors were excited to take some part, we know not what in the contest; Such things ought not to be permitted for one moment. We urge the respectable people of this place to take immediate steps for the prevention of this sort of indecency; and we urge the Government to see what can be done for the preservation of order, and propriety.

While writing, this, it occurs to us to mention another subject, by no means unconnected with the above. It is not unplain that a better and larger Lock-up House should be speedily erected at Kororarika. It may be questioned whether a general gaol should be placed here or not; but some sort of prison different from that already in existence, must soon be built. There is not room for any number of rioters such as we witnessed on Sunday, if they were taken into custody. Nor is the health of the prisoners a matter of small consideration—10 or 12 persons in so small a place is too much. If it were air tight it would be suffocating.

We wish our readers to pay attention to a letter in our columns, signed N. Z. Before it was set up we were personally charged with neglect in reference to the delivery of our papers for Pailua and elsewhere. We may fairly say that this charge has been a matter of serious annoyance to us. There is nothing to do at present but to leave such papers as we have no direct opportunity of sending to their destination, at the recognized post office, but in the absence of the person whose proper charge it is to forward them, we have no possible means of insuring their delivery. We acquit all parties of blame under the present want of system, but an immediate remedy is most imperatively required.

We will take the present opportunity of assuring our friends that every subscriber had his papers sent out of our Office last week, and that several duplicates were sent when we found that the first had not been duly received, from this our readers may infer, that the non reception of the papers is not owing to our fault. The papers we are not expressly ordered to send by other means, or for the transmission of which we have no sure conveyance, we have left at Clapton and Co’s, store that being the place publicly authorised to receive them. We must notice to be taken of this fact. We cannot undertake the cost of boats for this purpose.

By the Giraffe we have the COMMERCIAL JOURNAL and the AUSTRALIAN of the 4th instant, in answer to the copies of our Paper we forwarded by the Susan Ann. We cannot of course but feel highly gratified at the kind manner in which our Gentlemen contemporaries speak of our endeavours. God shall we be when the present comparative suspension of Commercial and Agricultural enterprise is removed by the settlement of the Land Question, and when, consequently, we may feel free to pipe for our labours, we may venture to give the public of other Colonies the assurance, that we will most earnestly, as circumstances enable us, to endeavour to justify their good opinion. It is, however, no trifle at present to conduct a Newspaper in New Zealand.

The Bill regarding New Zealand had not passed the Legislative Council when the Giraffe left Sydney. Mr. Ashy, and other persons aggrieved by the resumption of lands by the Crown, urged their claims before the Council, and Messrs. Beckett and Darvall were heard in support of the claims of several persons.

In our Police Report last week the name of M. Murphy, Esq., J.P., was inadvertently omitted.

C. B. Robinson and M. Murphy, Esqrs., Police Magistrates, are about to proceed to Port Nicholson, and we understand that when they arrive, Mr. Shortland will accompany his party.

His Excellency the Lieutenant Governor, we are informed, will hold a public levee on Tuesday.