GOVERNMENT GAZETTE.

New Zealander, Volume 1, Issue 16, 20 September 1845, Page 2

GOVERNMENT GAZETTE.

The following "Circular" appears in the Governmnt Gazette of the 17th September. What may be the precise object or intent of its publication, at the present crisis, we cannot imagine or discover. It cannot be preliminary to concession or conciliatory measures, towards Heke and Kawiti; or as apology for not; forthwith, punishing the Natives— as well as lawless Europeans — on the East Coast, for the plunder of the wreck of the Falco ; for to neither of those cases do the instructions of Lord Stanley., in our opinion, bear the least application. The observations uf his Lordship are exceedingly definite, and extend, only,— "as far us respects the relations and dealings of the Natives with each other. The Native law might be maintained, and th&. native customs tolerated'in all cases, in which no person of European birth or origin, had any concern or interest."'

.The whoJe-tenour.Qf his Lordship's remarks, m the three, despatches, are directed to ...the administration of justice and law among the Natives, so as not to [interfere with their customs ; and he also observes that, under certain circumstances, when such customs prove, in themselves, objectionable, it would be questionable whether it would be prudent, without sufficient force, to attempt coercion, in enforcing justice between them. We know of no occurrence, among the Natives themselves, at the present .time, — unless it be (he quarrel between Waited and Katipa, to call for this caution to the magistrates from His Excellency ; — and that incipient demonstration of active hostilities has been quashed by the threat of Te Wherowhero, to take part against the first aggressor. "What 'then is the ostensible object, or secret motive for this incomprehensible publication of the Colonial Secretary, by order of His Excellency? — As we have observed, the instructions and remarks of Lord Stanley are solely confined to the relations and dealings of the natives wit'k each other,— Can it be imagined that now, when the tocsin has reached England, by which such alarm, .dismay, terror, and indignation will be excited, throughout the United Kingdom ( as will arouse the deepest sympathy, as well as secure the most powerful assistance — that the whole colony, until such succours arrive, are to be J placed in awful jeopardy, by a disgraceful inglorious concession and peace with the rebel chief Heke ! Is this proclamation in the Governmeut Gazette, meant to prepare the minds of the settlers to measures so certainly destructive and ruinous of all interests in New Zealand New South Wales, and Van'Dieman's Land have most promptly, by their Governors, sent, and will still continue to afford assistance of military and naval force, sufficient with the reinforcements from England, to quell and punish these native rebels, — if the Executive Council in this colony displayed corresponding firmness and consistency ; but if there are to be repeated instances of the transactions of August, 1844, , at the Bay of. Islands, the co-operation of the adjacent colonies will cease altogether. The publication of the annexed circular is such a mystery, that having thus expressed our feelings and fears on its perusal, we must leave its real interpretation to "coming events/

Colonial Secretary's Office, Auckland, Sept. 15', 1845. (To each Authority in New Zealand,) Sir, — I am directed by the Governor to send you the following extracts of despatches, in order that _\ou may be acquainted with the opinions of Her Majesty's government with respect to the application of Biitishlaw to the Aboriginal inhabitants of New Zealand. In a despatch dated the 21st June, 1843,— Lo:d Stanley remarks, that he cannot perceive a necessity that the natives of New Zealand should be liable to all the penalties,, and amenable to all the tribunals of the English law. His Lordship's words are :— " I cannot perceive the necessit) ; there is no apparent reason nhy the aboiigines should not be exempted from responsibility to English Law, or to English Courts of Justice, as far as respects their relations arid their dealings with each other. The native Jaw might be maintained, and the native customs tolerated, m all cases in which no person "of European birth, ororigin, had any concern or interest. An exception should indeed be made of such custornsas are in conflict with the universal laws of morality, such, foi example, as the customs of caiinibalism, and human sacrifice. But, .withjhis exception, 1 know not why the native New Zealandpts might not be permitted to live- among themselves according to their national laws and usages, as is the case with the aboriginal races in other British Colonies." In a despatch dated the 10th February, 1844, — Lord Stanley o serves that he knows " of no theoretical or practical difficulty in the maintenance, under thesame Sovereign, of vaiious Codes of Law for the government of different races of men. In British India, in Ceylon, at the Cape of Good Hope, and in Canada, the Aboriginal arid the European inhabitants live together on these terms Native laws and native customs, when not abhorrent from the universal and permanent laws of God are respected by English Legislaturesand b) English Courts ; and although' problems of much difficulty will o casionally arh>e out of this state of things, they have never been such as to refuse all solution, or as to diive the Local Authorities oh the far more embarrassing difficulty of extending the Law of England to persons wholh ignorant of our language^ manners, and religion." ' And in a despatch dated 13th August, ,1844--Lord Stanley states, in refeience to the aborigi1 nal natives of New Zealand, that " it may be ne■ces&aiyto temper the strict application of the , Penalties of Biitish Law with much discretion [and foibearance. Under pertain circumstances indeed I am afraid it may even be inevitable tb consider uefore interfering with ,native customs .which are in themselves o/y/etf/o/iaMf, how far the means "of coercion at > our disposal may render it prudent for jou to take steps for that purpose, which, incase no resistance was to be appre- , heuded, you would not hesitate to adopt."

" Difficult however as the t.sk may be, I trust that your endeavours to effect it wili be unremitting," His Excellency trusts that, on all occasions, you will act according to the spiiit of these pas-j sages, as far as may be possible. I have, «fee. Andrew Sinclair, Colonial Secretary. To each Executive Authority in New Zealand.

Mechanics' Institute.— lt will be remembered that Mr. Shortland, when the Officer Administering the Government, granted to the members of the Mechanics' Institution a portion of an allotment in Victoria Quadrant, adjoining to the property of the Wesley an Society. Subsequently, the present Governo r very generously granted to the Total Abstinence Society the remaining part of the same allotment. The Mechanics have erected a building on their ground, in part of a plan proposed, — the paucity of their funds preventing total completion. The erection, although of considerable size, is merely one large room, simply weather-boarded and roofed, — in the winter months quite unfit for the delivery of lectures, and meetings of the members. To render the present building more available, by being lined, as well as to carry out the original plan, we understand that several gentlemen, amateurs and performers, have very kindly volunteeied to form a concert of vocal and instrumental music, for the benefit of the Mechanics' Institute. In the rising town of Auckland it is very desirable that there should be a building available for public purposes generally : such as meetings of the inhabitants on important occasions, — public lectures, — temperance meetings, — concerts, &c, &c. The present we conceive to be an excellent opportunity, as the land of the Total Abstinence Society adjoins, and they are about erecting a building for their purposes, — that instead of either society frittering away their limited resources on inconvenient and insufficient buildings, the two societies should cordially co-operate and adopt some comprehensive plan, by which a building may be erected, of which the wings should be on their separate estates,' adapted for their own pursuits, and the centre on the property of both, available for the large meetings of either, as well as for the public purposes to which we have alluded. There would arise some revenue from the letting of the large room ; and both societies would doubtless receive very considerable contributios and support from their respective patrons, as well as from the public, to carry out a plan that would erect a building ornamental, and so useful to the town of Auckland. Shortland-Crescent and Fort-Stret. — "When the late Survey or- General first drew his original plan for 'he Town of Auckland, it was declared, that the cuttings, from the top of Shortland-Crescent, should form that street which was marked on the plan — but then in embryo — Fort -street ; and it was on that account that such very high prices were given for those allotments, presuming they would bave double frontages, and that Fort-street ■would soon be a most convenient place for waterside business. But where is Fort-street ? — The top of Shortland-crefccent has been cut down, to make the road passable for carts, leaving the houses on one side on a high bank, and the allotments to Fort-street on the other, inaccessible, without cutting through a corres,ponding bank. The Avork and embankment, at the bottom of Lower Queen-street, in front of the Bonded store, reflects great credit on the Government. If a simirar plan was cairied out, commencing from the Market-place to the bottom of the hill, so as to form Fortstreet, by cutting down the top on the northern side of Shortland-crescent, that thoroughfare would be much improvjd, and the shipping business of the town much accelerated The Gazette. — The Governor has notified in the last Government Gazette, that J. B. Williams, Esq. has arrived in New Zealand, authorised by the President of, the United States to execute the duties of Consul. P. D. Hogg, Esq., has been appointed Sub-Treasurer for the district of Wellington., Mr. Henry Clarke has bee"n appointed a Protector oi Aborigines, vice Mr. E. Shortland, resigned. Under the provisions of the Auctioneers' Ordinance, to Mr Henry It. Cretnay a license has been granted.

Wesleyan Missions. — The annual district Missionary meeting of the Society will be held in the Wesleyan Chapel, on Monday evening next. Several of the clergymen from the various stations in the interior have already arrived — the Rev. Messrs. Buller, Buttle, Skevington, Smales, Turton, Wallis, and Whiteley,— to be present on the interesting occasion. Ordination. — On Sunday next the ordination of Mr. Bolland will take place at St. Paul's Church. Auckland, during divine service ; after which a collection will be made in aid of the funds for completing the church. Total Abstinence Society. — On Tuesday evening next there will be a public Tea Party at the Mechanics' Institutef which is anticipated to be numerously attended. j