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THE NELSON EXAMINERNelson, April 9, 1842.

Let journauz deviennent plus ne'cessaires a mesure que les hommei tout plus egaux, et 1' individualisme plua a craindre. Cc aenut diminuer leur importance que dp croire qu' ill ne aervent qa r a garantir la liberty : Ha maintiennent la civilisation. Dk TocauvvU.L*. De la Democratic en Amerique, tome 4, p. 220. Journal* become more neceaiary as men become' more equal, and individualism more to be feared, It would be to, underrate their importance to suppose that they serve only to secure liberty : they maintain civilization. DB TOCaUEVILLE. Of Democracy in America, vol. 4, p. 220. Mr. Earp has returned to Port Nicholson the following resolution having been unani-* mously adopted by the other members of the Council : — " Mr. Earp haying acknowledged himself the author of an article published in the New Zealand Herald of the I6tji instant, headed * Independent Members,' which imputed dishonourable motives to one of the members of this Council in the discharge of his legislative duties, it is resolved that the members of this. Council have lost all confidence in Mr. Earp, and can no longer act with him in a way that will benefit the public interests." It is unfortunate that any question relating to the performance of legislative duties, or the conduct of those engaged in legislation, should be mixed up with newspaper speculations ; and we feel some difficulty in putting the whole affair in a right light, without incurring the danger of being misunderstood. We mentioned in a former number what we had gathered of the management of the Auckland Herald, and we confess that our opinion on the subject of having companies for such purposes as those proposed by the. Auckland Printing Company has not been much altered by what has occurred in the " capital " recently. It is impossible to conceal the fact, that the Printing Company has become a Government company. Dr. Martin, who came from Sydney at the urgent request of the trustees to edit the Herald, has addressed a letter to the Editor of the New Zealand Gazette, giving an account of their dealings with him since his arrival. In this paper, as stated in the above resolution, Mr. Earp had given expression to his views on matters then before the Council. The taste, good or bad, displayed by him in doing so, we leave for those to determine whom it may concern. But we regret most deeply that anything at all relating to the government of these colonies should hove "been lliade SO completely a personal affair as this appears to have been. As far as our means of information enable us, we state the facts. When the first Land Claims Bill was withdrawn, another was introduced, under the auspices of Mr. Willoughby Shortland. This second bill was opposed by Mr. Earp, but obtained the support of the two other " independent " members, Mr. Porter and Mr. Clendon. The Herald contained articles at this time strongly condemning the measure, and not altogether silent as to who were concerned in bringing it forward, and who gave it countenance. This gave no slight offence, and was the more cuttingly felt because amongst the shareholders and trustees were Government men in sufficient strength to lead them to expect that a different tone would be adopted in their own paper. Dr. Martin, the editor of the Herald, being ill, we believe, Mr. Earp either wrote or revised the " leaders." The manuscripts were obtained from the printer by Mr. Fitzgerald, a magistrate and registrar of deeds at Auckland, who refused to give them up, on application from Dr. Martin, and also < refused, it appears, to meet Dl^Jtfartm, who sent, him a " mes-

sage." Before this, one or two notices of action for libel had been sent to the printer, but were subsequently withdrawn. When Dr. Martin sent his leading articles to the*', paper the morning after, they were retuinecj.*' " with a note from the printer (who was seen the night before coming from Government House), stating that he would not insert them." This note was enclosed to the trustees ; and Dr. Martin,, after a narrow escape from being taken by constables for "his attempt to break the peace in challenging Mr. Fitzgerald, received noticj* from the trustees that they required securnjp . from him in case of libellous matter being: inserted in the paper- This was refused t>y Dr. Martin, but ottered by his friends without his knowledge, and then refused by the trustees, one only (Mr. Montefiore)approving of it. An interview afterwards took place between Dr. Martin and the trustees, at which he signed a letter drawn up by them, containing conditions on which he was to j continue editor of the paper. A few nura- , bers had appeared under this arrangement ' when " the Government brig was sent to the Bay of Islands to bring back the land commissioners, Colonel Godfrey and Captain Richmond. The l;it^er gentleman beingf a trustee, increased the strength of the < Government patty. , - „—..-, i " A meeting of. .trustees, immediately JooK^ place, when I received a latter from the clem of the company, with a copy of a resolution carried' by the three Government trustees against Mr. Montefiore, that the paper should be nothing more than an advertising sheet, until a general meeting of shareholders should beheld. 1 heprinter of the company again returned my leading article, with a letter stating that the trustees had requested him to insert nothing more from me ; even an advertisement containing the letter of the trustees themselves, they would not permit him to insert for payment." The Auckland Herald 13 now defunct, and a Standard is erected in its stead. The Government members of the Auckland Printing Company have " floored " the one and raised the other. Mr. Willoughby Shortland has addressed a letter to Mr. Earp, informing him j " That, in consequence of the unanimous resolution of your colleagues, that ' they have lost all confidence in you, and can no longer act with you in a way that will benefit the public interest/ his Excellency has, by the advice ' of the Executive Council, removed your name from that position on the list of magistrates which entitles you to be a member of the Legislature of this colony." Comment is needless. If the Government officers endeavour by such means to support their measures, we can only say that we thank God that Nelson is not the seat of Government.

On Wednesday morning a case was j brought on at the Police Office here, which is of such importance, and the judgment upon which was of so unaccountable a nature, that though we have not yet made arrangements for reporting cases of this sort yet it would be inconsistent with our duty to the public were we to leave it uncojM^ mented upon. Mr. Murray came to Nelson from Port Nicholson with the intention of opening a public house. He used every, endeavour to procure a license ; but, as oQ\ readers well know, it has hitherto been Jat\ of the power of any one to obtain one. An information was exhibited against Mr. Murray, for selling liquor without license, on Tuesday last, aud on Wednesday he appeared before the police magistrate to answer it. Mr. Tod aud Captain England, justices of the peace, supported Mr. Thompson in the performance of his duties on that day. It was shown in, evidence that Mr. Murray had, on Monday night last, sold liquor without license; and this was admitted on the' part of Mr. Murray. It was shown that there was a fiddle and a fiddler at the house of Mr. Murray ; that people danced there ; that one man struck another in the face ; that these men were immediately turned out and i prevented from fighting ; that Mr. Murray endeavoured to the utmost to keep order, and that he succeeded in putting a stop to indication* of unruliness in some of his customers; that liquor was refused to be served Jby him after fen o'clock at latest.'

It was endeavoured to be shown that on Monday there was a " row" in the house ; but the witness, brought to substantiate this could give no evidence on the subject, but that he r Ka3T heard there was a row. Mr. Murray was served with a summons late on Tuesday afternoon, and it was represented on his behalf that he had' not time to procure his fitnesses, and anL adjournment was applied £px in consequence. JThis was refused. It was afterwards represented t£at"tSeevidence he w^igfrg&i-to produce was" most important ; that it would show that his character was J2gh in Port; Nicholson and here for steadi.* and respectability ; and other matters^ mUst' requisite to be made known ; and, in part, to supply the place of such evidence, Robert Tod, Esq., from the bench stated that he .himself would speak to Mr. Murray's respectability at Port Nicholson. -It was further represented that it was unjust to enforce a law upon a man to whom that law could not possibly have been known, and who was not enabled to comply with it even if he had known it. It was represented that it was not fair to proceed against one house while others were left at liberty to sell as they pleased ; that it was in the power of the magistrates to have informed Mr. Murray that his announcement of an intended convivial meeting was unwise, and tnaj^such. meeting had better be postponed, "or even altogether given up, instead of sending constables with the intention of procuring evidence of an offence against a law not known to be in existence. The magistrates were unanimous in inflicting a fine of £30. We are satisfied that the public opinion on the subject of this conviction and the penalty inflicted is the same as our own — that there was nothing in the circumstances to warrant it, and that it was unfair to the individual informed against, as well as to I the, public, who would be placed in the | predicament of having no house for refreshment or entertainment, if the principle which it implies were carried out. The principle of inflicting a fine for £the commission of lone offence because the law does not enable i you to punish for a supposed offence of a different character, is most dangerous. It lis questionable whether or not the magis- ! trates had jurisdiction at all in the matter ; { but, if they had, there can be no question las to the use which they made of their i power. For reasons which cannot well be mistaken, we are anxious to say as little as. possible on this subject. Our sense of the duty we owe to the public would not allow us to say less than we have said ; and a meeting of some gentlemen to take this decision into consideration (of which our readers will see a notice in our advertising [.columns) has saved us the necessity of saying more. We conclude with this, that it will be impossible that the people can , have confidence in the judgment of their magistrates, if their decisions continue to Ibe -based -upon principles so arbitrary, and | 'therefore so dangerous.

Extracts from a letter to Michael Murphy, Esq., police magistrate, from his Excellency ( Captain Hobson, appear in the New Zealakd Gauette. His Excellency directs Mr. Murphy to take measures for bringing the Municipal Corporation Ordinance into immediate operation in Wellingtor The only court-house or prison the Government desires to be erected are a mere, police office and a lock-up, of sufficient size and strength to receive persons charged with offences in the borough. A large gaol is to be built at Government expense. The salary of the harbour-master is to be £200 per annum ; that of the storekeeper £80 ; and the signalman £60. His Excellency requests such , information from Mr. Murphy as will enable j him to make appointments and regulations I suited to the wants of the borough, and, as far as possible, to the wishes of the inhabitants.

The accounts from the Weimea district are most gratifying. Mr. Thompson (who, being a practical agriculturist as well as a surveyor, is an unusual[y good authority) speaks of the land as being generally of the very finest description. Mr. Cotterell gives a similar account of that portion which falls under his notice. The latter gentleman came upon a pah, after burning the fern with which it was covered, which is de-

scribed as being very similar to a Roman camp, one side being formed by the steep bank of a tributary stream of the Weiti, which joins the Weimeu, and the remainder in an irregularly circular form, being protected by a ditch and earthern rampart. This pah is called after a tribe or chief called Pohare — it does not seem very clear to which the name belonged. About ten years ago .Roupero almost annihilated the inhabitants of this part of the island, and the owners of this pah among others. K We nave received a letter from Messrs. Barnicoat and Thompson, correcting a mis- \ take as to the number of acres their survey will extend over : they consider it to be about 12,000.

The commencement of Mr. Tuckett's very able Report will be found in another column. We regret that we have not room for the whole of it in this number. The same reason prevents us from making any remarks at present.

The Martha Ridgway arrived just in tim ■ to enable us last week to publish the following in a second edition :—: — Since our first edition was published the ship Martha Ridgway, Captain H. Webb, has arrived from Liverpool, having called at Port Nicholson, with 160 adult emigrants for this settlement. The cabin passengers from> England are Mr., Mrs., aud Miss Macdonald, Mr., Mrs., and Miss Seymour, Mr. and Mr. Frederick Campbell, who have arrived here ; and Messrs. Brodie, Macleod, Read, King, and Taylor, who remain at Port Nicholson. Passengers from Port Nicholson — Messrs. Ridgway, Guyton, and E. J. Wakefield. The barque Birman, Captain Clelan, and the ship Clifton. Captain Cox, arrived at the same time, for the purpose of passing through Torres Straits in company with the Bolton, now lying here. The Queen had presented Prince Albert and the nation with a Prince of Wales, on the 9th of November. Queen Adelaide was exceedingly ill : she had been speechless for some days. The Brougham had arrived at Port Nicholson.

The barque Hope, Captain M'Lachlan, which left this haven on Sunday last, sailed from Sydney on that day fortnight. She arrived here on the Thursday but one following, and, between that and Sunday, discharged her cargo of cows, bulls, horses, goats, and provender for them, and was on her voyage to Lima. This despatch is most creditable to the officers of"?he vessel, and, when known, will not be without its effect as regards our haven. There are few new places the natural advantages of which for landing cargo would have enabled a vessel of 600 tons to do what the Hope has done here. The Martha Ridgway performed the passage from Port Nicholson here in little more than twenty-eight hours. She left on Thursday, with Messrs. Ridgway and Guyton, bound again for Port Nicholson she has cargo to deliver for the firm to which those gentlemen belong. On Tuesday last the barque Lord Auckland left the havert, and she is now lying in the Bolton Roads previous to her departure either for Sydney or Manilla, which, is at present uncertain.

We regret to announce that Mr. Yates the sub-editor of the New Zealand Gazette was drowned in Port Nicholson Harbour on Sunday, the 20th of last month. The Mary Ann Wade, a craft of about 40 tons, built at Wellington, was cruising in the harbour, having on board Mr. Yates, Captain Cannon, of the Look-in, Captain King, late of the Lady Leigh, and Captain Tulett, of the Mary Ann Wade, for the purpose of testing her sailing powers. Too much sail was carried, and, the wind being fresh, she heeled over, the ballast shifted, and she went down. Besides the gentlemen above mentioned, there were on board the mate, three seamen, an apprentice, and a little half-caste boy. One of the seamen fortunately had jumped into the boat, which was towing astern, before it was too late, and held on by the rope at a sufficient distance to save her from being taken down by the sinking of the vessel. This precaution was the means of saving the lives of all but Mr. Yates, who went down with the schooner, and his body has not yet been found. The New Zealand Gazette says~ " Mr. Yates was well known as the active, intelligent, and steady sub-editor of this journal. He had many personal friends in the colony, who mosU sincerely regret his loss. His diligence, cleverness, and integrity, rendered his mi vices in conducting our paper ef the most essential importance. We nave nobody to put in his place; and the absence of the proprietor

seriously augments the inconvenience and difficulty arising from Mr. Yates' sudden death."

Everything that we have heard or known of Mr. Yates assures us that his unhappy death is really a misfortune to the society in which he lived, as well as to those with whom he was connected in business, and it is evidently felt as such.

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Bibliographic details

THE NELSON EXAMINER-Nelson, April 9, 1842., Nelson Examiner and New Zealand Chronicle, Volume I, Issue 5, 9 April 1842

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2,894

THE NELSON EXAMINER-Nelson, April 9, 1842. Nelson Examiner and New Zealand Chronicle, Volume I, Issue 5, 9 April 1842

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