Legal, shipping, and police notices




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judge where the disputants are, either Aboriginals alone, or Aboriginals and English-men.

7th —In the exercise of such jurisdiction, the British Government, by means of its Colonial representatives, is simply the umpire to settle disputes.

8th —The resumption we apprehend, is, according to the intention of the Crown, simply to enable it to exercise this jurisdiction, and the resumption of all lands acquired by British subjects, is, if this be its meaning, absolutely necessary to impartiality.

In putting down the above thoughts, we have considered the case in itself, without reference to the opinions of any men, whether interested or not in the question.

It seems to us that those who purchased lands of the Chiefs, and, therefore, expected to hold them in perpetuum while there was no British authority here, must also have considered themselves as the sovereigns of the territories they had thus acquired. Now, this sovereignty is unquestionably presumed by the existence of a Representative of her Majesty here. It is doubtful whether Englishmen can become sovereigns in another state, and yet hold their connexion with the English Constitution unbroken; and where British authority comes in their way, it is unquestionable that they cannot. Thus far, there is illegality in their purchase. But the same rule does not apply to the mere possession of lands. Yet the sovereignty under which they are placed subjects them to such rules as may compel them to hold their property equitably, and of course implies a right to examine and decide in all cases of possession.

These great principles being recognised, and the Court of Claims established, the proper object of legislation is to institute such legislation as shall facilitate the act of judgment, with regard to titles, and point out plans which may render the colonization of the country of universal advantage.

9th —In all cases where lands become subject to the Court, whether by the defect in the claim of the European occupant, or by the cession of the Natives, the moral right of the Aborigines who formerly occupied it, to some provision on the part of the Government for their future support and civil advancement, is unquestionable. They must not be reduced to beggary by the superiority of European arts without a full opportunity of acquiring the character and the privileges of British subjects.

To the Editor of "The New Zealand Advertiser & Bay of Island Gazette."

Sir, —As the Government have taken upon themselves to send us a Police force for our protection, I beg to call your attention to the few following facts: On Saturday evening O’Donnell, upon the affidavit of a long resident and respectable inhabitant, was committed to the custody of the Police for the purpose of being brought before the Magistrates for forgery on Governor Hobson; he was placed in the Lock-up, where there were several others confined, but in the morning he was not forthcoming, and I am credibly informed that the constable in charge was at a public-house playing cards. By these means the party alluded to is subjected to a loss of £20. On the next evening another man escaped, and returned on the following morning and gave himself up to the Police.

Are the Police cognisant of those facts before they happen, or ought the insecurity of the place to be a matter of inquiry by the proper authorities? I have the honor to be, Sir, your’s, &c.,

CORRESPONDENT.

Kororaiiko, July 29,

BIRTH. —On the 26th instant, the Lady of S. E. Grimstone, Esq., of Russell, of a daughter.


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We have been requested by Commander Laveaud, of the Aube, to state, that the sailors of the French frigate were not in the riot which took place the Sunday before last on the Beach. Of course we can only rely on our information in accordance to the actually guilty parties, and we are glad to correct our statement under authority. A polite note has been addressed to us by Captain Berard, stating, that on enquiry, he had found that the sailors of H. M. B. Britomart were equally unconcerned in the matter. The information is important, partly as it acquits the officers of both navies of negligence, and partly as it limits the application of the charge. There was a disturbance, and it is highly proper that the right parties should bear the blame.

Shipping Intelligence.

ARRIVED.

July 23. —Barque Anna Watson, Captain Steward, from Kaipara and Sydney. She has been expected long since.

July 26. —Ship Helvetia, American whaler, from the sperm fishery.

July 28. —Schooner Hope, Captain Towns, from Port Nicholson and Chatham Islands, with pigs, potatoes, &c.

SAILED.

July 29. —H. M. B. Britomart, for Port Nicholson.

POLICE REPORT.

MONDAY, JULY 20.

(Continued.)

Before Captain Beckham, Mr. Mair, Dr. Johnson, and at the conclusion, Mr. Morphy.

Henry Cohen, Richard Anderson, Henry Harnett, Isaac Howland and Alexander Young, were charged with insubordination, and with having wounded the second mate of the Jane, whaler, when Mr. Brewer appeared for the prosecution, and Mr. C. B. Brewer for the defence.

Captain White being questioned as to the chain of the occurrence, could not recollect; the Log-book was called for, but was rejected as general evidence, on account of not being signed either by the Captain or mate; its evidence as to the date, however, was admitted; the date was the 9th inst. Being sworn, witness deposed as follows: —Went on deck and enquired why Howland was not on duty; the watch to which he belonged came on duty at 12 o’clock, but he did not come till two; he declared he would not go on duty; he came to the wheel about two o’clock, when he answered me in an insulting manner; I struggled with him, and found him more powerful than myself; I struck him with a belaying pin, he escaped from me and went down into the forecastle, whither I followed and denuded him; the other prisoners prevented him from coming up; I went on deck and armed myself with a pistol and cutlass and went on deck; the second officer got there before me; I went forward and found the ladder taken away; underneath I saw the second mate wounded; the ladder was nearly perpendicular; I got the second mate up and went down myself; I do not know who put the ladder up for me; I went down into the forecastle, and required the prisoner to come on deck; after some time I got him down into the cabin and put irons on him; I had no regular handcuffs, so we made some of the hooping; I called Garnett and asked him who had wounded the mate; he said he would fetch the man if I would allow him to go forward; this I could not allow but put him in irons; I then proceeded to put them in irons, one after another, and put them into the tap; I kept them there till three o’clock the next day; I gave them water and half a bucket of food; about that time I heard a great noise, and on examination I found Cohen drunk; he had broached my brandy cask; he and Harnett said they were very sorry for what had happened, but could not now help it; I did not request the prisoner to go from the wheel before I pushed him, for it.

Cross examined by Mr. C. B. Brewer —I never made use of bad language to my men; might have done so on some occasions, but it is unknown to me; Howland struck me first, after I pushed him from the wheel; I struck him, but did not see blood from his head; the men said they would not allow him to come up out of the forecastle; they did not say they wished to staunch the blood; I said they gave no other reason; Cohen struck me; I did not say I would strike him with the belaying pin; none of the others struck me; I went to the main aimed because they said they would lose their lives, and that they would let the prisoner come up; the second officer had a cutlass; all were armed; I did not see the mate wounded; the forecastle is a dark place; when I went down all the prisoners were armed with pieces of wood; none struck me there but Cohen; I did not see the second mate strike; never saw blood on the head of this man; I swear positively I never observed a scar there; I helped to put the men in irons; I was never asked for anything to dress the wound; they were all put into the run; it was 24 hours before I gave them bread and water; I was astonished that they should broach the brandy cask; their conduct was generally rough before; two of them once ran away.

By the Court —I do not know whether Howland was on deck between 12 and 2; his conduct was not decidedly disorderly before; I pushed him from the wheel because of the disgusting language which he used to me; I was on deck myself; it is the duty of the officers to look after the men; it was the prisoner’s duty to be on deck at 12 and at the wheel at 2; I found him there after two o’clock; I happened to miss him from the deck, and it was not told me that he was not at work.

William Foreman —is first mate; was at the mast-head when the affray took place, and remained there while the scuffle was going on; observed the second mate and muster together; the master called me down; he had Howland on the quarter deck when I came down; when Howland escaped from the master I was at the mast head; the second mate had charge of the watch; saw the scuffle, and afterwards saw the master and second mate go forwards; also saw the third mate go for a cutlass; observed the second mate come up in a gore of blood; was still at the masthead; came down when the master called me, and helped to put the prisoners in irons; this was all that I saw.

Cross examined —Do not know who struck the first blow; observed all prisoners on deck; the Captain called the third mate as well as the second mate to his assistance; Howland was running away; saw no belaying pin in the hand of the master; was looking at a whale; did not see the master strike the men; the second and third mates both went for cutlasses; did not see the 3d mate go below; saw him struggling on the forecastle; assisted to put the prisoners in irons; never saw any blood on anyone but the second mate; was close to Howland of course; when I put on him the handcuffs; did not see blood on any of the men; do not know that I did; I did not see any blood; looked on their faces perhaps not on every one’s face; they had on handcuffs; you know; took no notice of blood; heard of no other blood of the second mate; I am not certain; it did not come from the run; I saw it, but because the master did not call me to do his orders.

By the Magistrate —I do not know the cause of the scuffle; did not see the Captain push the man; he did not.



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Online Sources for this page:

PDF PDF NZ Advertiser and Bay of Islands Gazette 1840, No 8





✨ LLM interpretation of page content

🏛️ Discussion on land claims and British authority (continued from previous page)

🏛️ Governance & Central Administration
Land claims, British authority, Sovereignty, Court of Claims, Native rights

⚖️ Letter regarding Police inefficiency and escape of prisoner O'Donnell

⚖️ Justice & Law Enforcement
29 July 1840
Police, Forgery, Prisoner escape, Kororareka, Complaint
  • O'Donnell, Committed to custody for forgery
  • Hobson (Governor), Victim of forgery

🏥 Birth announcement

🏥 Health & Social Welfare
26 July 1840
Birth, Russell
  • S. E. Grimstone (Esquire), Father of child
  • Grimstone (Lady), Mother of child

🏛️ Correction regarding involvement of French and British sailors in a riot

🏛️ Governance & Central Administration
Riot, Sailors, French frigate, H.M.B. Britomart
  • Laveaud (Commander), Requested correction regarding sailors
  • Berard (Captain), Wrote note regarding inquiry

🚂 Shipping arrivals and departures

🚂 Transport & Communications
Shipping, Arrivals, Departures, Port Nicholson, Sydney, Whaler
  • Steward (Captain), Arrived with Barque Anna Watson
  • Towns (Captain), Arrived with Schooner Hope

⚖️ Police court proceedings regarding insubordination on the ship Jane (continued from previous page)

⚖️ Justice & Law Enforcement
20 July 1840
Police Court, Insubordination, Court case, Ship Jane, Whaler
9 names identified
  • Henry Cohen, Charged with insubordination
  • Richard Anderson, Charged with insubordination
  • Henry Harnett, Charged with insubordination
  • Isaac Howland, Charged with insubordination
  • Alexander Young, Charged with insubordination
  • Brewer (Mr.), Appeared for prosecution
  • C. B. Brewer (Mr.), Appeared for defence
  • White (Captain), Witness and master of ship
  • William Foreman, Witness and first mate

  • Captain Beckham, Magistrate
  • Mr. Mair, Magistrate
  • Dr. Johnson, Magistrate
  • Mr. Morphy, Magistrate