The New Zealander.

New Zealander, Volume 5, Issue 374, 14 November 1849, Page 2

The New Zealander.

Be just and fear not Let all the ends thou aims't at, be thy Country's, Thy God's, and Truths.

WEDNESDAY, NOVEMBER 14, 1849. LATEST FROM CALIFORNIA.

The schooner Lady Leigh, Captain White, arrived in this port last evening, having left San Francisco on the 17th of September, and the Sandwich Islands on the 7th of October. — Besides the intelligence communicated verbally by the Captain, we have San Francisco papers to the 15th of September and the Polynesian of the 29th of September. The most important political news is the assembling of a Convention for framing a constitution for California, which in pursuance of a proclamation by Governor Riley, met at Monterey on the 1st of September. A considerable time having been occupied in inquiry into the validity of the election of some of the delegates, on the 4th, Dr. Robert Semple was chosen President, and William G. Marcy Secretary. The Convention then proceeded to consider the "Bill of Rights" to be prefixed to the constitution. Here the formal account of the proceeding which is before us terminates, but the Pacific News (San Francisco paper) of the Sept. 15 states, as a credible report, that a clause had been unanimously determined on prohibiting slavery in the State of California. We copy from the Alta California of Sep. 6 the following important Ordinance : The City Council in session August 27, adopted an ordinance for raising a revenue in the town of San Francisco, of which the following is an abstract. A duty of one per cent upon bales at auction of goods wares and merchandise. A duty of one half per cent upon the sale of real estate. Sales by auction of the effects of an insolvent, or of wares and merchandise sold for the benefit of whom it may concern, or goods, &c. sold under any judgment or decree of court to be exempt from duty. All sales to be made by an auctioneer duly licensed. Merchants and traders conducting a wholesale business to be licenced and pay quarterly in advance the sum of one hundred dollars; and for a retail business or trade seventy-five dollars. But the wholesale and retail business may be combined according to the terms and rates of the wholesale dealers. Hawkers and pedlars to be licensed upon payment of fifty dollars monthly. Hotels, taverns, boarding or victualling houses, where liquors are sold, to be licensed upon payment of fifty dollars monthly. Billiard tables, ten pin alleys, &c. licensed at thirty dollars monthly. Monte, Faro, Roulette, and other gambling tables, licensed at fifty dollars monthly. Drays, or carts licensed at twenty dollars quarterly — to be paid in advance Boats, launches, or scows, used in conveying passengers from or to ships, licenced at twenty dollars quarterly, in advance. Gold continued to be found abundantly. An exceedingly rich vein ot the precious metal had been discovered in a tract of land on the Mariposa river, about 40 miles from the San Joaquin. The Alta California says, "There is every reason to believe that this vein may many leagues in length, and be found of uninterrupted richness — the gold mines of California are now in reality discovered." Immigrants were still pouring in. The overland emigration body from the States, consisting of about 30,000 persons, mostly young men, was expected to arrive five weeks earlier than the emigrants of the preceding year. The desertion of ships by their crews was

as frequent as ever. Captain White, with his mate and an apprentice, were obliged to work the Lady Leigh, without help, as far as the Sandwich Islands. An official announcement from the British Vice-consulate for California declares that "in view of the unparalleled subversion of moral and social order amongst crews of British vessels in this port, the aid which the Consul was authorised to grant to distressed British subjects would not be given to any who served under foreign flags or who deserted from British vessels.'' — Merchant seamen were receiving from 130 to 150 dollars per month, and the greatest difficulty was found in retaining men sufficient to navigate the ships in the squadron. A daring mutiny and outrage took place on the 13th of September, in an attempt of the crew of the U.S. schooner 'Ewing' to escape. Robberies were very frequent, although punished with death; indeed, the soldiers unhesitatingly fired on persons whom they detected in the act. Sickness — especially "fever and ague," was very prevalent; and many who had obtained quantities of gold, were so debilitated and depressed as to complain that they could not use the food which they had ample means to purchase. A common admission in conversation was, that in going to California they had been deceived by "a golden dream " Timber and potatoes found ready sale, at a high price. Bricks did not pay. Clothing and food were comparatively cheap; but lodgings of every kind exceedingly dear. These are the principal items of intelligence. In our next we shall give full extracts from the papers. We learn, through this channel, that ExPresident Polk was dead.

[The following remarks were written before the intelligence by the Lady Leigh reached us last night. That intelligence, however, will not lesson any force which they may possess ] The departure of the Pilgrim this week from our port for California, excites in us mingled feelings of regret and gratification: — regret, beause she bears away from the the colony another band of emigrants, the loss of some of whom we cannot but lament; and gratification, because her cargo gives additional evidences of our capability to produce articles of of export which are likely to bring secure and sufficient remuneration to the shippers. These feelings necessarily result from the views we have always advanced on Californian adventure — views which have undergone little modification, except in being rendered more clear and decided by the various accounts from the "gold country" which have successively reached us. For instance, the intelligence by the Deborah, (of which the principal part has been transferred to our columns) has deepened our conviction that those who themelves go to California incur great and certain risk in a speculation which is as uncertain as it is perilous. Some undoubtedly succeed almost as completely as covetousness itself could crave; but as undoubtedly some (and it is now generally admitted by far the larger number) miserably fail. It is, as one of the most recently returned gold-seekers has represented it, a lottery, in which there are some prizes — perhaps a few very large ones — but many blanks. Still, as in other lotteries, each speculator flatters himself with the expectation that he will be one of the fortunate prizeholders; and, for the present, emigration will continue to a greater or lesser extent, notwithstanding the warning voices of the press and even of the pulpit; — (from at least two of the pulpits in this town, strong warnings based on moral and religious considerations have been given on that subject). We are far from wishing that any of those who are now leaving this colony should be disappointed; on the contrary, they have our best and most sincere wishes for their prosperity; but we cannot anticipate that they will find California in any respect better than the representations which we have received of it. We may reasonably suppose the prospects there rather deteriorated than improved, from the continued influx of immigrants of various classes and characters — the worst, no doubt, however, predominating; the increased difficulty of providing accommodation; the keener struggle of competition and rivalry, the fall of the wages of tradesmen already reported as the natural consequence of the arrival of such numbers of mechanics; and the growing turbulence of this heterogenous population, as exhibited, for example, in the forcible expulsion of foreigners from the Placers of the Middle Fork, in July last, by an armed body of men, as well as by the individual cases of robbery, violence, and murder, of which we hear by almost every arrival. Nor should we forget that there was reason to apprehend a visitation of cholera, the fatal disease having been actually raging at the Isthmus of Panama. Considering how much there is in the condition and habits of the masses congregated in California to invite the approach and extend the ravages of cholera, and how difficult if not impossible, it would be for persons seized by it to obtain the care which would be so essential to them, we cannot but fear that the appearance of this awful malady there would be but too probably the commencement of a calamity more frightful than any which Californian adventurers have yet known.

But, as we have said, some — many — will go in defiance of every peril; and it is beyond dispute that, from its rapidly increasing population and other causes, California will in future present a most important addition to the markets of the world. We have observed with pleasure the spirit and intelligence with which some of our own townsmen and neighbours have begun to avail themselves of the opening: and, while we would not, if we could prevent it by any dissuasives of ours, have even one single passenger-berth occupied by an emigrant from the industrious and wellconducted portion of our community, we should rejoice to see ship after ship in quick succession leaving our port laden with New Zealand timber, potatoes (the rising crop of which, we are glad to hear, already shows tokens of the beneficial influence of the late rains), and other exportable produce. We repeat our deliberately formed opinion that California now presents to our merchants and agriculturists a singularly promising field — we will not say of speculation — but of safe and remunerative commercial enterprise, — and in the same spirit in which we discourage personal emigration, we would, to the utmost of our ability, incite them to lose no time, and neglect no prudent means of taking advantage of it to the utmost.

Returning to the English news, last received, we find that the Whitsuntide lecess, as well as the Easter, having passed without any change of Ministry, the speculations which had heen so nfe during the earlier part of the Session had, for the time, been set at rest, and the ex-(pectant) Ministers (as one of the London papers wittily styles them) had no immediate prospect of restoration to o^ce. Ah, Linculmles' ah, Lincolnites' men ask, who long have w.Uch'd Yon liens who sit so broodingly — when will their eggs be h.itch'd I Or \me they always addled ones, with neither jolks nor vrliilis Fit only for the pilloiy, or for the Lincolnites? So sang a correspondent of the Morning Post at an early pait of the session, and so he might have sung at the latest dates. Many efforts, indeed, had been made to effect a fusion of the rival parties ; but difficulties — the most insuperable of which is said to hive heen, how to dispose of Lord Palmerston — stood in the way. Lord John and his colleagues were therefore likely to remain in power, not so much from their own strength, as from the weakness and disjointed state of other parties. " The ministry," says the Herald, "is not likely to be driven from the helm — at least at ptesent — by any direct opposition to their measures. In the balanced state of parties there will always be found wavereis enough to rescue ' the existing Government' from overthrow. In the Lower House the dread of dissolution — in the Upper, the fear of any kind of change amidst the distmbed state of Europe, will continue to operate in the favour of any Cabinet, so far as to frighten several timid legislators into the Ministerial ranks, and thus to bave the Government from defeat." The Daily News, in an article on the subject, which we are toJd by the Spectator " excited a good deal of curiosity and surmise," anticipated Lhat, during the remainder of the session, the Peehtes — looking forward to a coming junction with the Whigs, would oppose Ministers only ostensibly — with the buttons on their foils — just " in order to save appearances with that most gullible of creatures a discerning public." Against Loid Palmerston, indeed, " the point of enmity would be left sincerely naked" — but, with this reservation, the Conservatives were hkely to carry on an eloquent but moclt opposition. " Ihe Colonial SECRErARY," adds our contemporary, " will be occasionally worried, in the person of his ill-used deputy in the Commons. Mr. Hvwes Ins from the first been flogging-boy to the wicked Karl ' m another place.' " Hapless victim, if he has got half what his Chief deserved ! The second reading of the Australian Government Bill was fixed for the Kith ot July, but Lord John Russell intimated that veri/ important changes would be made in it with respect to the tariff and the puce of land. — In an incidental conversation on the presentation of a petition from Sydney, complaining of the inefficient state of the franchise, on the 2nd of July, Earl Grey stated that from personal communications which he had that day had with gentlemen connected with the Australian colonies, he felt himself justified in assuring their Lordships that the passing of the Bill was anxiously looked for by them. — With reference to a desire for the withdrawal of the measure, cxpiessed by Loid Lyttleton and Lord Stanlky, the noble Secietary declared that it would be matter of deep regret to himself if the Bill did not pass during that Session. Repeated, discussions had taken place in the House of Commons on the views respecting Prison Discipline, maintained by Mr. C. Pearson, of which we gave a somewhat detailed account on a former occasion. The points particulaily dwelt on in the House wete the question of " the separate system" of confinement (which Mr. Pearson earnestly opposed, chiefly on the ground that it was frightfully productive of insanity) ; and the impropriety of a system which exempted from manual labour convicts sentenced tj impii-

sonment for their crimes. In one of the conse r sations, Mr. Hume took occasion to declare hi belief that any system of prison discipline would be wholly futile for purposes of reformation ; and to urge that instead of incurring expense by prosecuting grown-up criminals, and sending them to the penal colonies, the Legislature should strive to prevent crime by an extended system of compulsory education, provided by an education rate. The appointment of a committee on the whole subject, as moved for hy Mr. Pbarson, was by agreement postponed till next Session, when we trust the matter will be taken up earnestly ; as — although New Zealand has now escaped the danger of being made a penal colony — we cannot feel indifferent on a question which, besides its abstract merits, has so influential a bearing on the neighbouring colonies, where the " advantages "! of convict labour are realized. With all Lord Brougham's eccentricities and vagaries, he still does valuable service occasionally, and does it in a plodding busi-ness-like way, that might seem incompatible with the discursive, crotchetty, and half G(dli~ chtd spirit which of late years he often manifests, llis labours in the arduous and otherwise not very inviting field of Consolidation of the Law have lately issued in one excellent result — a measure for the consolidation and Amendment of the Bankrupt Law, which has commanded general praise both in and out of Parliament. The Bill — which is leally his Lordship's, though nominally the work of a Select Committee — consists of two parts : a digest, in 367 clauses, of the Bankruptcy Laws, which will render comparatively easy the hitherto Herculean task of learning their multitudinous provisions; and ceitain amendments, one main object of which is to make better provision for preventing undue dealing with a bankrupt's property, such as fraudulent pre , ferences and voluntary conveyances. The equally just and humane principle is fully recognised, that a distinction is to be made between unfortunate and dishonest bankrupts, — between (as the Marquis of Lansdowne expressed it) " those who are unable, through misfortune, to meet their engagements, but whose conduct was not blameworthy ; and those who preyed on the interests of society, and sacrificed individuals, and even bodies of men, to their own infamous projects." — In these days, when economy in the public expenditure is much talked of — though as yet we fear but little practised — it will be an additional recommendation of the measure that, — by reducing the number of Bankruptcy Judges from six to four, and other arrangements, — the measuie will effect a saving of £12,000 a -year. Having completed this, Lord Brougham was lending his energies, with his characeeristic ardour, to his contemplated preparation of similar digests of the Civil and the Criminal codes.

Irish distress continued to call forlli English libeialily, although public sympathy viiih it was rather checked than stimulated by some of the exaggerated statements respecting its intensity — such as that of the Rector of Ballmrobe — (contradicted and severely censuied in the House of Commons by Lord John Russili.) — to the effect that starving persous had eaten human flesh to sustain life. A new subscription had been set on foot, principally for the supply of clothing for childten in the most destitute districts — to be distributed under the superintendence of Count Streleski, who had undertaken to visit those districts for the purpose. The Quken had headed this list with a donation of £500. The Relief Committee, of which the Marquis of Kildaue is chairman, had distubuted great quantities of turnipseed amongst the small farmeis of the west and south, and a vast extent of land, which would otherwise have remained waste, had been planted with this nutritious and easily cultivated vegetable. On the 22nd of June a numerous meeting was held at the London Tavern, Mr. Bright, M. P. in the chair, to receive a deputation from Ireland, and devise additional means to relieve the distress.. .The Society of Friends was, as heretofore, earnest, entei prising, and generous in its efforts fur the same object. ..The Corporation of London also was benevolently turning attention to the subject. It was pioposed that the Coipoiation should purchase some large tracts of land in Ireland to form a "settlement" theie, on the principles suggested by Sir Roeflt Peel. After one or two preliminary meetings, the Lord Mayor had laid the plan before Lord John Russell and Sir George Grey, from whom he had received every encouragement to persevere in it. At a banquet, given at the Mansion House on the 27th of June to Sir It, Peel and his political friends, the Right Hon. Baronet, in referring to the scheme, said, " If there be any authority which has reason to | look back on its connexion with Ireland without remorse, it is the City of London, which has done more than Parliament or proprietors I to promote the interests of that country, and, forgetting temporary gain or present interests, has sought a compensation for such sacrifices lin the permanent welfare of Ireland. I hope the plan may succeed. The boundaries of the City are necessarily limited, and its jurisdiction cannot be extended ; but if by a useful connexion with Ireland it can encourage in the lemote districts, habits of industry and self-support, it will endear the English nama

o the people of that country, and do more to cement the union than cany legislation." Emigration continued actively. As an instance of this we may notice that it appeared from the returns made to the Irish Weslcyan Conference, held at Cork in the end of June, that during the year, 1,165 persons had emigrated from that body. As this return embraced only full members of the Wesleyan Church, it of course would not include such blanches of their families as were not so accredited, and therefore the total number of emigrants who may be said to be connected with Wesleyanism would be much larger. Another, and a striking fact, is that at a meeting of small proprietors and tenant fanners, held at Carlow, it was resolved that " it had become an impeiative duly which men owed to themselves and their families to seek in a foreign land, before their entire capital was lost, the means of honourable subsistence denied them at home." In oider to secure the advantages of well organized emigration, a committee was chosen to form an nssocialion to be called " The Loinster Einigiation Society."

" Kidnapping in the South Seas." — Such of our readeis as may have seen a narrative mules this heading, copied from a number of the Times of January or February last into the Southern Cross of yesterday, may be gratified io know the subsequent history of the natives of fche Friendly Islands there spoken of. Two of them were sent out here in the June Cat he* vine, having fust received much kindness m London. and a sum of twenty pounds having been expended in clothing and othei necessaries for them. On their arrival here m June they were taken to the Governor, who entered with interest into their case. One of them, we regiet to say, did not turn out well. He eventually left this poit as a sailor in the barque in which he came out, making away with the best clothes of his companion in misfoitune. The other, " Jonathan," known on board the Jane Catherine as " Will Watch," — from the name of ihe whaler in which he had been nefariously kidnapped — a very well conducted man — has .since been taken care of at the Native Institution near this town, where he sleeps, leceiving however, rations from the Government. He will, most prubably. get a passage home in the John Wesley, on hot 1 voyage to his native land or its neighbouihood, on her return fiom .Sydney.