The New Zealander.

New Zealander, Volume 5, Issue 371, 3 November 1849, Page 2

The New Zealander.

Be just ami fear not: Let all the ends iliou aiuis't at, l)e thy Country's, Thy God's, anil Truth's.

SATURDAY, NOVEMBER 3 , 1849.

The English dates received by the Louis and Miriam do not come down so Jate as those ivhich had previously reached us through the extraordinarily quick passage of the Sea, from Plymouth to Sydney ; and we have not even the filling up materials we might have expected, as the bulk of the mail had been forwarded by the Avon, which sailed a few hours before the Louis and Miriam, but had not arrived here at sunset last evening. The most important article in the papers now come to hand is the Chancellor of the Exchequer's Financial Statement for the year. The following copious summary of the Budget is taken from the Morning Chronicle of June Reverting to the financial cii cumslancss of the past year, the Chancellor of the Exchequer observed that the mrplus income over expenditure, exclusive of naval excess, Irish relief, ai.d funds for Canadian emigration, was £444,000. If the naval excess weie added to the expenditure of the past year, there would ttill be an excess of income over expenditure of £120,000. He then nme to the estimatet for the coining year, He proposed to take the Customsi exclusive of duties on corn, nt £20,200,000. There was every reason to believe that ih« income which would be derived from the different kinds of grain winch would be imported would amount t> about .£250,0 00. Thi« enabled him to put his estimate for the Customs at £20,450,000. The Erci-e he proposed to take at £13 710,00), being ne iiy £200,000 less than the receipts of the previous ye.ir. He would take the Stamps, the receipts for which had lately shown a tendency to increase, at £G,750,00\ The Taxea he proposed to estimate at £4,300,001). He was prepared for a alight reduction in ihe receipts from the Income-tax, but anticipated f<om that source of revenue for the coming year the rum of £5,275,000. In the Post office, alio, owing to a change in tho pontage with France, there would he a slight reduction ; and he would put the estimated receipts at £800,000. Fiom the Crown Lands more would be received thun during the past year, and he expected from them £180,000. From miscellaneous sources he expected to derive £222,000. Old stores were likely to yield £485,000. From surplus fees he would receive £90,1,00. Taking »11 those items together, the total estimated rerenue of the yrar would be, £52,262,000. To make the matter still clearer to our readers, we repeat the items in a tabular form :—

ESTIMATED INCOME. Cuitoms £20,450.000 Excise 13,710,000 Stamps 0^750.000 Taxes 4,300,000 Income-tax 5,275,0 0 Potit.offlce 800,000 Crown Lunds 180,000 Miscellaneous 222,000 Old Stores 485,000 Surplus Fees 90,000 Totul income £52 262,000

This, taking the right honorable pentleraim's figuies bb he gave them, makjs a total of £10,000 more than his own eitimate of the total. Ho next proceeded to state "his estimate of the expendit -re of the year. The intereit and nnnagement of the debt would amount to £27 763,527. Interest on Exchequer Bills would amount to £480,000. Tint would make the interest on Ihe funded and unfunded debt together with their management, £28,243,527. The civil list and other charges would amount to £2,781 MO. If to thu be added £50,000, vo>ed for Irish distress, it would jjivq for the mil list and other charges an expenditure o £2 831 550. The whole charge on the Consolidated Fund/therefore, would be £31,075,033. The charge for tic Navy would be £6,230,740 i for the packet

tervice, £748,296 ; and for the Arctic expedition, £12,688', making the total for the Navy of £7,021,724. The charge for the Army would be £6,142,211; for the Coinmifiiariat, £531,872; and for the militia, £113.000; making a total of £6,787,083. For the Ordnance the charge would be £2,654, 270. The miscellaneous expendituie was estimated at £3,924,731. To this mu&t be added a funi of £52,173 repaid for property. Then (here were certain exeeiiei to be provided for. The exceiies for the Navy amounted to £323,787 : for the army, £119,950; for the Ordnance, £133,370; anil for the Commissariat, £65,525 ; making a total fXccss of £642,632. This would make the total expenditure for the year £52,157,696. Put in a tabular form, the expenditure will be as follows :—

ESTIMATED BXPKNDITCRE Ch.rge on the Consolidated Fund ... £31,075,083 Navy 7,021,724 Army 6.787,083 Ordnance 2,654,270 Miscellaneous 3,924,731 Repayment for escheated propei ty .. 52,173 Navy, Army. Ordnance, a^d Commissariat excesses 642,632

Total estimated expenditure .. ;£52,1fi7,696 Deducting, therefore the total expenditure, including exceiscs, from the to'nl income, there would remain a •urplus of £104,304. Estimated income...... £52,202,000 Estimated expeuditure 52,157,696

Anticipated surplus of income over expe Dili tore £104,304 But deducting from the expenditure (he excebsei of previous yeajs, the expenditure would not exceed £'51,515,061', which would leave a surplus of i? 736,933. The eNcr sses, however, which had to be provided for reduced the surplus as already stated, to i? 104,304 He thought that this would suffice to ihow that the Government had redeemed the pledge which it had given to keep the expenditure within ihe income. He had expressed a hope that, within three years, the income and expenditure would be equalized. How far that hope was well founded would be seen from the fact that in two yean out of the three a surplus of from ,£1,1000,000, to £1,200,000 had been virtually realized. The right lion. gentl< man then went on to state the gi uumls on which he based his estimates of receipts for the coming year. Amongst them he enumerated the improvement of trade ii» the manufacturing diitricts, and the fait that money was eatsy. He then procfeded to state the reduc ions which had been recently made in connexion with the different lervicei, and to express his reasons for anticipating an increase to the revenue. It was the hope that such increase would take place tnat inspired the Government to go on with the small actual suiplus which he had estimated for the comintj yenr. He concluded by moving for a vote of £3,000,000 out of the Coniolidated Fund.

The New South Wales journals present some interesting items. The Session of the Legislative Council ended on the 12th ult., when Sir Charles Fitzrot prorogued it to the 20th of this month. In the prorogation speech, His Excellency expressed very favourable anticipatons of the results of the uniform postage system, «nd promised his cordial support to the recommendations of Council respecting the rendering optional the pre-payment of letters between England and the colony, — the establishment of steam communication with England, — and the admission of Australian wine into the British market at the same rate as is levied on Cape Wine. . . .It appeared from the report of the Speaker, that, of 71 bills introduced during the Session, §1 had passed and been assented to ; 3 tvere negatived on motion for second reading ; 2 had lapsed in committee of the whole Council; 7 had lapsed in the House ; 4 had been discharged from the paper ; and 2 had been disposed of by the question of " that day six months.". .. .Amongst the bills which have fallen to the ground we find two to which we have before referred as exciting much interest in Sydney,-— viz., that for regulating the Medical profession, and that for establishing an University. The public had been dosed usque ad nauseam with discussions and altercations on the Medical Bill, and the Council finally shrunk from deciding where the Doctors so disagreed, and vehemently resolved that no farther proceedings should be taken respecting it during that session. . . .The University Bill, after having progressed at railroad speed through some of its stages, was defeated at almost the last moment, on several giounds ostensibly; but really, it would seem, because persons transported to the colony would be eligible as members of the Senate of the Institution which it proposed to establish. And "thereby hangs a tale." Mr. Lowe, who was the successful opponent of the measuie was/ understood to aim personally at Dr. Bland who was transported to the colony for killing his antagonist in a duel. The Doctor, — on whose belligerent propensities penal discipline appears to have had no reformatory effect, — forthwith wrote to Mr. Lowe, — not to demand "the satisfaction of a gentleman," (he declares his conviction there would be no use in that,) but, — (to quote his own words) , to " express my opinion that you area coward, and a scoundrel, which opinion I shall be happy to retract, if it is in your nature to give me an opportunity." The learned Lawyer choosing to fight on his own ground, very properly brought the learned Doctor's missive before the Supreme Court, where on the 11th ult., he obtained a rule niii calling on Dr. Bland to shew cause why a criminal information should not be laid against him. Thus this "very pretty quarrel" stood at the last report before us. The Herald of the 1 7th, contains a long and important communication addressed to the Speaker of the Legislative Council by the Hon. Francis Scott, in which, besides dwelling on topics more especially affecting New South Wales, he enters upon the question of emigration, with a view of exciting to strenuous

effort to relieve the colony from the burden of defraying the whole cost of emigration, and •' urging upon Her Majesty's Government the expediency of altogether superseding free emigration by a system of mutual payment." He also discusses the subject of steam communication with England. But we shall give portions, (if not the whole) of the document in a future number.

There is intelligence from China to the 23rd of June. On the 7th of that month, an exciting occurrence took place at Macao. A Mr. Summers, a British subject, residing at Hong-Kong, in passing along a street through which the procession of Corpus Chrisil was passing, was desired by a lloman Catholic priest, and afterwards by a soldier, to take off his hat; which, being a Protestant, he refused to do. He was then seized and imprisoned, without food, in the guard-house. He communicated respectfully to Senhor D'Amvral, the Governor, his regret that he was ignorant of the custom, else, as he could not have complied with the ceremony, he would have avoided the procession. No notice was taken of this communication, and he was removed to the common gaol. Capt. Keppki., on learning the facts, took the case up with the spirit and promptitude befitting aßritish officer. He formally demanded his coutryman 's liberation, but the Governor treated his application with nonchalance ; on which Capt. Keppel, without further delay, ordered the boats of the squadron to be manned and armed, landed his ciew, dispersed the Portuguese guard (who were struck with consternation at the rapidity of the movement), took possession of a park of artillery, and before any considerable resistance could be offered, released Mr. Summers, and brought him away in H. M. S. Columbine. His men then quietly returned to the pastime of boat-racing, in which they had been engaged before they were called upon thus to uphold the honor of their country. Trade was in a very torpid state at Canton. Quantities of new teas had arrived, but no purchases were made, the foreign merchants acting with great caution.

In fulfilment of the promise of the Governor during the late Session of Council, the draft of a bill designed to amend ths Law of Marriage in this Colony, so as to remove the objections justly urged against the existing Ordinance, has been published in the Government Gazette. It will be found, in extenso, in our [other columns. We need not recommend it to the attentive perusal of our readers. No doubt it will be examined with the care demanded by the importance of a measure which is intended to be, as far as possible, a complete and final act of legislation on a subject which — (intimately connected as it is with the proper formation of the most tender and in dissoluble of all earthly connexions — of one which lies at the very foundation of society — ) — is likely, sooner or later, to have a home interest for every family in the colony. Such an examination of the proposed enactments is not only anticipated but invited by the framers of the Bill j — the avowed object of the preparation and announcement of the plan so long before it can become law, being to afford ample time for the investigation and discussion of its provisions, and the suggestion of any alterations that may be regarded as improvements. In this early publication of the contemplated scheme, the Government is pursuing an open and candid course which deserves to be met in a corresponding Spirit. We are bound, in common charity and courtesy, to attribute to the authors of the measure no other motive than that which they declare, — a desire to satisfy every reasonable demand, and to legislate on the subject in the way most conducive to the general good. It will be for the public to inquire and to say how far the proposed enactments are likely to prove acceptable and advantageous; and each section of the public may and should test them by their applicability to its own claims and circumstances. But all should enter upon the consideration of them with a disposition to make mutual concessions on minor poiuts, and to place personal and party predilections in subordination to the peace and welfare of the community at large. Two great principles, however, are never to be lost sight of : first, that the Legislature is bound to fence round the marriage contract by such guards as will, so far as constitutional legislation can effect it, oppose insurmountable obstacles to clandestine and otherwise improper marriages; and, secondly, that the provisions of the law, whatever they may be, should be strictly impartial, recognising in this matter no assumptions of ecclesiastical superiority, and dealing out with evenhanded rectitude equal rights and privileges to all classes of the community. We advisedly refrain to-day from expressing or even hinting any opinion on the merits or demerits of the present pioposition. We shall have abundant time and opportunity to return to the subject as fully as occasion may require; and any comments which we may feel it our duty to offer will not be likely to suffer loss by a little delay. We shall make only one additional remark. It will be perceived that the proposed Bill is not intended to comprise within itself the whole Marriage Law of the Colony, but only to introduce certain amendments to the Ordinance

already in operation. It ivill therefore obviously be necessary for those who are anxious to avoid mistakes as to the true state of the question, to read both in connexion, comparing or contrasting their respective provisions so as to understand what their combined action will probably be.

The " New and Improved Code op Signals" at Mount Victoria came into operation on Thursday, with results which would have seemed more in keeping with the first of April — All Fools' Day — than the first of November. If we might be permitted to make a bad pun, we should say that our signal-master's performance on this occasion proved a very signal failure indeed, achieving nothing but the mystification of those who sought for information, and the amusement of such as had nothing to do but look on, and look out, and laugh. The Louis and Miriam was the luckless subject of this " prentice hand" trial, of which it may be said that what was new in the signals was not true, and what was true was not new, — that is, was not communicated by the new flags. Our old " friends in need " on the Station apprised us that a brig was approaching, but excepting that simple fact, all was confusion worse confounded. It would be easier to read Egyptian hieroglyphics than to make out from the flags whence she came, what was her name, or what or whom she hed on board. Some of those who had glasses — (for, of course, owing to the want of «ny provision for repeating the signals in town, only they could attempt the task) — imagined they learned that the vessel had no troops, had a mail, was 290 days at sea, and had injured machinery ;—; — guesses which all proved the reverse of the facts. The few who possessed Marryat's code in full thought themselves far wiser than their neighbours, who knew no more than had been published in the Government Gazette ; but it turned out that they were worse off by just so much as incorrect and misleading information is worse than no information at all. We hope this is not to be taken as a specimen of what the new arrangements will effect, as if S0; W e apprehend we shall find ourselves " all worse and no better " for the " improvements." Auckland Sacred Harmonic Society. — The first Public Rehearsal of this young but very praiseworthy and promising Association to»k place in the Mechanics' Institute on Wednesday evening ; and it is bare justice to say that the performance fully realised the favourable anticipations entertained respecting it. The selection of music was judiciously adapted to the capabilities of the choir, — except, perhaps, the " Hallelujah Chorus," the magnificent effects of which tax to the utmost the almost colossal powers wielded by Costa, Surmau, or Hullaii at Exeter Hall. " Sound the Loud Timbrel," and the exquisite "The Heavens are Telling" from the ('rtalion, were both executed with a firmness and precision which amply justified the cordial calls for their repetition. The instrumental accompaniments might, however, be improved both in quantity and quality ; and the addition of a few good female voices would be a great step towards completeness. Particular criticism on the solos might not be quite fair ; but they were all meritorious efforts. We must however, join in the expression of the general pleasure afforded by the singing of the young lady who took a prominent part in the performances of the evening. Her voice is rich, sweet, of extensive compass, and in its upper notes of a bell-like clearness ; and — even with the tones of Miss Birch and Miss Dolby in some of the same pieces still almost ringing in our ears, — we derived no little gratification from her unassuming but attistical execution of music, parts of which are of more than ordinary difficulty. The whole went off as well as the friends of the Society could expect or desire. We were glad to see the large room crowded on the occasion. It augurs well for the prosperity of the Society, and for the rising musical taste of our town. His Excellency the Governor and Lady Grey were present.

The Court Martial which we stated was about to be held here on Major Johnston of the 58th Regiment, has completed its duty in the 'case. We are enabled to lay before our readers the official report of the charge and the finding,

Brigade Orders. Au< kland, November 2, 1849. At a General Court Martial, held at Auckland, New Zealand, on the 29th day of October, 1849, and of which General Court Murtial Lieutenant-Colonel Wynyard, C.8., 58tli Regiment, was President, Brevet Major William Johniton, 65ih Regt., appeared a prisoner on the following charge, via.— • For highly un-officer-like conduct, in having, on or about the 12th day of May, 1849, at or about the hour of 11 o'clock in the forenoon, been drunk in the Officer's men-house, at Wellington, Neir Zealand, he being at the time President of • District Court Martial ordered to assemble ai the sa me hour and place.

To which charge the priioner pleaded Not Guilty. I FINDINO. The Court having maturely weighed and considered the cv idence in lupport of the charge against the priioner, Brevet Major t W. Johruton, 65th Regiment,, hit defence, and the? evidence adduced in support of itjart of opinion that lie it not guilty of the 'charge preferred agaimt him, and do moit fully acquit him thereof. (Signed) K. H. Wynyard, Lieut-Col, and President, Oct. 31, 1819, (Signed) J. Grcbiwood, Major of Brigade, Officiating as Judge Adrocatc.

After a careful pcruial of the evidence produced in this cmc against Brevet Mnjor Johmton, 65th Regt., I cannot coincide in the opinion of the Court that he vim " not guilty'"of the charge preferred against him. The Court will therefore re-assemble and re-consider their verdict: it appearing tome to be of little mo. ment how an Officer or Soldier may get drunk, ii he be proved to have been intoxicated when for duty. (Signed) G. D. Pitt. Major-General Commanding. Novembfr 1, 184?. The Court having attentively weighed and re-coma-tiered the whole of the evidence adduced, both on the part of the proiocution and defence, as well as the obtervations o£ the Reviling Officer, are still of opinion $h;it the prisoner is Not Guilty of the charge preferred against him, and do therefore adhere most reipectfully to their former finding. In so doing the Court beg permission to observe, that however decided the evidence for the prosecution may have been, still, that evidence was only founded on a casual or moment' ry observation ; whereat it lms been proved by the testimony of witmsscs both for and against the prosecution, including both Majors of the corps, that the prisoner, known lo all for several yeais, was a man of temperate habits, but of u most excitable disposition, with a constitu'ion impaired by long and -udtious services in India and China ; and the Court are uii'iuitnously of opiri'on that he the prisoner was luboming under gieat excitement—not intoxication. (Signed) R 11. Wynyakd, Lieut Colonel and President(Signed) J. Gheenhood, M.ijor of Brigade, Officiating Judge Advocate. Confirmed, (Signed) Georgk Dean Pitt, Major-Gennral Commanding Troops in New Zealurui. 2nd, November, 1849, Hrevct'Mnjor Johnston, 6.~>th Rcgt will be released from arreiti and will return to his duty,

Hii Excellency ilia Mujor General Commanding is j)liumd to direct that tliis older be read on three sueCi s*ive parade-., at the head of every llcgiment and Detuchment, serving in this command, By Command, (Signed) J. Gebbnwood, Major of Brigade,