THE NELSON EXAMINER.

Nelson Examiner and New Zealand Chronicle, Volume II, Issue 56, 1 April 1843, Page 222

THE NELSON EXAMINER.

Nelson, April 1, 1843. Lei journaux devjennent plot necessaires a mesure qu<* les bonuoea aont plu* fegaux, et 1' indhridoalisme plus a eraiodre. Cc terait diminuer leur importance que de croire qu' Ua ne terrent qu' a garantir la liberty : iU maintiennent la ctviliaation. Dt TOCO.CBVILLB. De la Democratic en Amerique, tome 4, p. 320. Journal* become more necessary aa men become more equal, and individualism more to be feared. It would be to underrate their importance to suppose that they serve only to aecure liberty t they maintain civilization. Dm TocausviLLi. Of Democracy in America, toI. 4, p. 203.

Our Wellington contemporaries have been very busy discussing the merits of more than one important matter. We have said the merits, but this is hardly the fact, since the main points made have been rather those of detail, as to how, than of principle,

as to what and wherefore. We do not think that we should bring any aid by joining in what seems rather profitless bandying of words ; but the subject matter is of far too important a character to be passed over in silence. The unsettled state of the land claims, and, arising thereout, the difficulty, if not impracticability, of getting a jury list from which a jury could be selected, who could be legally authorized or legally obliged to act; and also the impossibility of quiet .occupation of land and progress of cultivation while the same unsettled state of the claims leaves it, to say the least, an open question, whether trespass and assault by the natives is to be treated as indictable and punishable, or as a perfectly justifiable proceeding, adopted with a view to raise a civil question of right — we need not point out or dwell upon the importance of these things, of the paramount necessity that they should be settled, and at once. There can be no doubt that, to commit an assault, with the view of raising a question of right, is wholly unnecessary in this instance. The matter has been taken out of the ordinary courts in fact, if not in theory, and been left for the decision of the commissioner. It of course remains a quere (and one which it is not for us to speak decidedly of) whether a judge, when called upon to decide as to granting a warrant, should take into consideration this fact, of special provision being' made to try the question of right elsewheie, and whether such consideration might not affect his view of an assault and destruction of property which this same special provision has made unnecessary and aimless as as a means to raise the question of Tight and tend to induce a decision to the effect that it was really intended as a vexatious and evil-minded disturbance of the peace and a malicious injury to property, and that it should be treated as such. It is to be remembered that, in England, a nominal assault, or a forcible opening or breaking of a door or window, would be the utmost means adopted ; and, in a question otherwise doubtful, unnecessary violence should not be wholly disregarded, as being a good clue to the animus. We find ourselves, however, fast verging upon the fault which we bare half blamed others for. What we have said, of course applies to the case of Rangihaiata ; and we wish to be understood to have ventured such remarks with the greatest respect for the judgment and impartiality of the Chief Justice, and with a full consciousness of the exceeding difficulty with which its peculiar circumstances have surrounded the case. As to the general question, the great cause of all these evils, the state of jjhe titles, what can be said, what done, but continually to urge on, with iteration and reiteration, their immediate settlement? The Legislative Council, if nothing else, have at least the power to remove these practical difficulties, and should at once be convened for that purpose. The Maories will lose dU notion of respect for person or property, if this savage mode of settling titles is to be allowed to continue.

The committee appointed to prepare resolutions to be offered for the consideration of the public meeting, on Saturday next, have, we believe, so far modified the nature of the application proposed to be made to the Officer administering the Government, as to render it probable that those whoTha^ hitherto opposed the corporation on the ground of expense, will be inclined to join with the advocates of the measure, now that this, the chief obstacle to such a union is . removed.

A schooner of about 50 tons burden has recently been launched at Taiwaite, in Queen Charlotte's Sound, and is now nearly completely rigged. She is a most beautiful little vessel, and her fittings-up are in the most finished style. Both inside and but she presents quite a yacht-like appearance, and is most creditable to all concerted. Her name is the Three Brothers, the proper*; ty of Mr. Thorns.