New Zealand Gazette.

New Zealand Gazette and Wellington Spectator, Volume I, Issue 20, 22 August 1840, Page 2

New Zealand Gazette.

AND BRITANNIA SPECTATOR.

Saturday, August 22, 1840.

Britannia, the name -first given to the town of the New Zealand Company's first and principal settlement by Col. Wakefield, has . been approved by His. Excellency Capt Hobson. It is a. good name, because till now unappropriated by any town, and therefore distinc- , tive in its character ; and further, in being agreeably associated in the minds of all Britons twith their fatherland. The town lands having 'been allotted, we 'couple with it the name 1

of that able paper whicli has so long and successfully advocated the principles upon which this settlement has been founded,, and add the united terms to our title. Henceforward this paper will bear the name of the "New Zealand Gazette and Britannia Spectator."

The latest arrivals from Sydney have brought us the account of the termination of the argument before the Legislative Council of New South Wales ,on the principle of the Bill for the settlement of titles to land in New Zealand. As we had anticipated, the principle of the measure, has been sanctioned by the Legislative Council, and there appears no probability of any substantial alteration in the details.

Our own opinion upon this measure, considered in relation both to law and to justice, has been already sufficiently expressed. Nor has that opiuion been in the slightest degree altered by the. speeches of the GovernorVthe Chief Justice, and the Attorney General of New South Wales, in defence of the Bill. Every one of these speeches would seem to have been delivered in ignorance or forgetfulness of the fact that N-ew Zealand is not a Colony by right of occupation or discovery, but by right of cession. From the entire omission of this most important ' fact, it naturally followed that the arguments employed on the occasion were irrelevant to the question. A great deal of useless learning and ingenuity was displayed fqr the purpose of proving what no one doubted — that when a savage country is claimed or seized by a civilized' state, the original inhabitants have no right to sell their land except with the sanction of the supreme authority. The case of New Zealand is however essentially different. Here the dominion of the country was not claimed- by Great Britain. The chiefs of New Zealand were admitted to possess sovereign rights; and these rights have not been extinguished, but are vested by purchase- in the English. Crown. t The law of England upon this subject- was explained with great clearness and ability by Dr. Evans to the meeting on Wednesday, and nothing that -has been said by the Governor or by the legal members of the Legislative Council at all weakens the position which he laid down, and which is asserted in the resolutions passed at that meeting.

We do not however entertain hopes that Sir George Gipps will be induced to abandon his views of the law of the case. But we can hardly imagine that when he is really made aware* of the* state of things in this Colony, when he knows how much has been done by the New Zealand Company to colonize these Islands, and is informed of the wide spreading evils to be apprehended from any perseverance in applying to us the strict letter of the law which he has passed, he will be induced to pause in his proceedings at least until the pleasure of the Home Government is known upon the subject. A pledge of this nature, accompanied by measures for dispossessing those who have no colourable title to the lands upon which they have squatted, to the exclusion of the rightful owners, would restore confidence, and with confidence activity and prosperity to the- Colonists. This,- at least, will be the aim of the deputation appointed to wait upon His Excellency, and this, we would fain hope, will be, at . all events, the result of their mission.

It is consolatory to the public of Port Nicholson to know that Captain Hobson feels personally the warmest interest in their prosperity ; and though the Government in England nave deprived him of all present power in this respect, it -is impossible but that they should pay some attention to his recommendations on the subject. And if they do not, we have the further consolation of knowing that the Company will not desert us, and thot Colonel Wakefield, their chief Agent, is prepared to adpped prompt and decisive mea sures' to enable 'the Company to fulfil its engagements with the settlers. It only remains therefore that the Colonists should be true to each other and. to their common cause, '"and after the Unanimity of feeling manifested at the meeting of Wednesday, we cannot doubt but that^ they will, be so. A few weeks only will elapse before we shall learn the resolve of the Sydney Government, and when that is known, the ' time for decision and action will have arrived. We have only to be prepared.

Last week we received our papers brought by the schooner " Kate," direct from Sydney. They consist of various files from Van Dieman's Land, Port Phillip, and Sydney ; the first number of the " New Zealand Advertiser and Bay of Islands Gazette," and English papers brought- by the " Coromandel," whicli bear the Sydney postmark of the 25th June. The latest date from Sydney received by us is the 14th July. News from England to the 2nd April, furnished by the w Premier,"

from London, arrived the 3rd > July; and we insert some extracts taken from the' Australian papers 1 . Among them we find but one remark about the proceedings of the New Zealand Company, and it is to the effect that the Company proposed making Port Nicholson their principal settlement, from which we may infer L thaf Colonel iWakefield's earliest dispatches had been received in London. -

The Ministry had been defeated four times since the meeting of Parliament. It was announced that a dissolution would shortly take place, and that the Tories were in high spirits, expecting to obtain a majority at the forthcoming election. ,

The selection of town acres was completed on, Friday, the 14th August. Many have taken possession of their land; since the return of Colonel Wakefield the .alarm consequent upon the appearance of the • draft of the bill before the Legislature of New South Wales, has much subsided, and -.there seems to be, once more, a general feeling in favour of proceeding with the work of production in good earnest.

Dr. Dieffenbach and Mr., Deans, in defiance of the most unfavourable weather experienced thisyear,' succeeded in reaching the summit of the Tararua range. The height of the Tararua was computed to be three thousand feet above the level of the sea. It was covered with shingle and a heavy growth of black birch. These gentlemen travelled by the windings of the Hutt about 50 miles, and suppose the direct distance to the mountain to be about 30 miles. Within six miles of the Tararau, another stream of equal magnitude falls into the Hutt. The source of the Hutt was not detected, and is .believed to be afar off, coming from the eastern base of the mountain. Kapiti was seen bearing, S.W. Hills continue to the.east, which further confirm the opinion that the flat land is to the north-west. The quantity of laud in the valley is estimated at 30,000 acres, and far up it is superior in richness of soil to that with which we are acquainted. Magnificent forests of totara were met with, which will some day be a source of great wealth to the settlement. Dr. Dieffenbach has kindly furnished us with a journal of the expedition, which will be inserted in the ensuing number.

We have the first number of .the " New Zealand Advertiser and Bay of Islands Gazette.'* It is printed on a sheet rather more than half the size of our journal, and is issued at two pounds per annum. Two thirds of the space is filled with advertisements ; one half being occupied with Government announcements, and Proclamations winch have already appeared in our columns; and the other, half by trade adveriisments, chiefly by Spicer andWeavell, auctioneers. There are several advertisments announcing land for sale at the Bay of Islands, the titles to bo guaranteed. The first notice in the paper states Government notices inserted in the " Bay of Islands Gazette " are to be deemed official.

Mr. Bernard, a subject of France, had addressed Sir George Gipps, stating that he held lands in New Zealand and requesting to know how his property Avould be dealt with. The Colonial Secretary had replied that in-structions-had been sought from Her Majesty's Government as to the course to be pursued, with reference to lands claimed, by other than British subjects in Her Majesty's possessions in New Zealand.

We find in the " Commercial Journal,"

under the head "Council, New Zealand," a series of publip documents having reference to these Islands. Before us we have under date August, 1839, a letter from the pen of His Excellency Captain Hobson. reviewing the instructions he had received with his appointment, and under date August 15th, Lord Normanby's reply to the review. ,We will take an early opportunity to commence the insertions of these' papers in our journal.

We beg to notify to subscribers that the first quarter's subscription to this paper terminated on the 4th July. •

The New Zealand Company's barque "Brougham," Captain Kettlewell, having Colonel Wakefield "on board, arrived on-Sun-day morning from the Bay of Islands, whicli she left oil 7th of August.

The "Platina" will proceed -next week with the- Governor's house fo_ the River Thames, where it has been determined to make the seat of Government,

The schooner " Jewess " was at the Bay of Islands when the "Brougham" sailed, and would sail for Port Nicholson in about a week, calling at the Thames on her passage.

Letters had been received at the Bay of Islands stating that several of Colonel Wake-

field's dispatches had reached England. "sheir publication had been attended with an incjreased desire to purchase land in and to emigrate to New Zealand, and in consequence extensive preparations to meet the public wish were said to be in progress.

t, A French frigasej with part of the French expedition, .bound to Banks' Peninsula, has arrived at the Bay: H. M. brig " Britomart " had sailed with M. Murphy, Esq., J.P-vft) warn the subjects of France, on their arrrV*!, that the territory in question had been, cjairned by Proclamation in the name of the Queen. After visiting Banks' Peninsula, the "Britomart " is coming to Port Nicholson with MrJ Murphy and another gentleman, appointed- ,as the magistrates' to, reside at Britannia. Mr. Dudley Sinclair is also a passenger. The vessel may be expected here in. a fe.w days.

.The " Hannah," Barker, arrived on Monday from Banks' Peninsula ; when she sailed, no account of the French emigrants had been received there.