The New-Zealander.

New Zealander, Volume 7, Issue 560, 27 August 1851, Page 2

The New-Zealander.

Be just and fear notLet nil the rnds tliou ,'iiiiis't at, he thy Country' I*,1 *, Thy ()OJ>'s>, <ni(l Tiutli'b.

AUCKLAND, WEDNESDAY, AUGUST 27, 1851.

By the Overland Mail, which arrived yesterday, we have Wellington papers to the 26th of last month. The most important intelligence, as respects the general affairs of the colony, is an extract from a despatch just received from Lord Grey, which the Governor-in-Chief laid on the Council table on the 22nd ult. We introduce it here in exlenso, merely premising that it will he seen from it that the Home Government cordially approves of Sir George Grey's plan of Provincial Councils, pending the adoption of a more comprehensive measure by the Imperial legislature ; — and moreover, that (as we more than once reminded our leaders was highly probable,) no such comprehensive measure was to be brought before Parliament this year, and therefore that, in the Provincial Councils Bill, on which some of our colonial patriots have vented so much lofty indignation, we have a bona fide instalment of representative institutions actually conferred, while the Home Government is only thinking and promising on the subject. Extract from a Despatch from the Right 110NOHAIILK EARL GIIKY to the GoVERNOU-IN-ChIEF of New Zealand. No. 23. Downing-strcet, 19 tli February, 1851. Sir, — In acknowledging your despatch No. 98, of September 20th, in winch you report the resignation of certain members of the Legislative Council of New Zealand, I will take the opportunity of adverting to your former despatch, No. 161, of November 30th, 1849, in which you proposed the introduction of representative institutions into New Zealand in the beginning of the present year. 2. I have, as yet, refrained from answering this despatch, not from any reluctance on the part of her Majesty's Government to entertain the momentous question to which it relates, or from any distrust of' your judgement in thus proposing the extension of free institutions, at an earlier period than was before contemplated, into the community j over which you preside ; but from a sense of the practical difficulties which oppose the immediate realization of your views. Fully admitting the principles which you advocate, and also the foi'ce of your testimony to the fitness of Hie community of New Zealand for the proposed change, the manner of effecting it required serious consideration, not only from its own inherent difficulties, but because ifc could not be done without the authority of Parliament. 3. I therefore postponed my answer until it could bo determined whether it was possible to submit any measure on the subject of the constitution of New Zealand to Parliament during the present session. I must now inform you that upon a full review of the various subjects which must necessarily be brought before the Legislature in the present session her Majesty's Government have come to the conclusion that it probably will not be in their power, without intcrfcr in"- with measures of more pressing urgency, to introduce in tills session a bill for determining the future constitution of the Government of New Zealand, since from the experience of the dtscusI sions on the bill for extending to the oilier Australian Colonies the constitution ulready established in New South Wales, it is evident that the consideration of such a measure would necessarily occupy a very large port'on of the public time. 4. These reasons, in addition to those already stilted in my despatch of iho 22nd of December, IH4J), have induced me to consent to the continued postponement of a lnoic comprehensive niciifure, and I have felt the less dillicuHy in doing so, inasmuch as the powers with which you are already invested by the Suspending Act of

184S enable you to introduce the representative prinriple, of your own authority, into tiio Legislatures of the Provinces into which Now Zealand is divided. If you think the time has arrived for the safe exercise of those powers, 1 wish yuo io use them forthwith. For it would, in my opinion, be attended with much convenience that the Provincial Councils should be lv-eonsfifuted on this basis before (he constitution of the General Legislature is altered. 5. The best model for these Provincial Councils, •which must bo regaidi'd ah temporary and subordinate institutions, will probably be attained by i/frroduoing a number of elective members exceeding the non-elective ; but the proportions, and the other details, J leave to yourself. (J. I agree with you in thinking that hereafter, when the population of the colony shall have increased, and the means of communication been improved, many of the subjects which must for the present be dealt with by' these sepcrate Legislatures; will be brought" again with propriety under the control of the General Legislature ; the Provincial Councils confining themselves, ultimately, to the discharge of duties similar to those which, in Canada, devolve on the District Councils. 7. J approve also of the change which you propose, in paragraph 7 of your despatch of Novembei 30, 184!), to introduce in the present constitution of the Provincial Councils as to the suspension of their Ordinances by the Govhrnor-i^-Cmibf ,- but this is a power which, from the nature of the subject, should be very sparingly exercised. 8. On the question of the further subdivision of New Zealand in general, or of New Minister, into Provinces, I must necessarily rely, in great measure, on your judgement. According to tho best opinionwhicli lam able at present to form, it is desirable that such subdivision .should take place. The parties who are interested in Ihe settlement of Canterbury, and I believe also tho.se who arc concerned in Otngo, are desirous of having those settlements erected into separate Provinces, in which case "Nelson would remain, us now in comiexion with Wellington. But the decision as to the limits of these Provinces I wish to remain with yourself. 9. This opinion, however, is not unconditional. I am not satisfied of the expediency of establishing in these smaller Provinces Councils entirely nominated by the Crown, as you appear to suggest?in your despatch of November 30, 1849. I think on the contary, that no new Provinces should be constituted unless the representative element can be introduced into its Councils. But, even with a very small population, this appears to me practicable. 10. In the next place, I agree in your opinion, as expressed in your despatch of December 22, 1849, paragraph 20, that no new Province should be constituted, unless on the terms of supporting its own peculiar expenses, and contributing its fair proportion to those general expenses, whatever they may be, which may be charged on the whole community of New Zealand. 11. In order to carry these views into cfTect, T have advised Her Majesty to make the necessary change in the Charter of 1846. The Act of 1 848, suspending the constitution, docs not suspendthat portion of the Act of 1846, which empowers the Qincicv to divide the Island into Provinces, or that portion which enables Her to delegate to the Governor any portion of the powers which that Act confers on Her. You will therefore be empowered in general terms, to constitute new Pi ovinces ; and the Act of 1848 gives you sufficient authority (with the advice of the Legislative Council of New Zealand) to constitute Legislatures for such Provinces. 12. To facilitate the same object, the Royal Instructions will also be altered in the manner which you recommended in your despatch of October 22, 1849, as to the Constitution of the Executive Council. IS. When the inhabitants of New Zcalandarc thus invested with power of managing the affairs of thesepcrale Provinces by-representative bodies, by which also th»y will be enabled to express their wishes and opinions to the General _ Legislature (which will, no doubt, be much assisted, and in j great measure guided, by their advice), I trust that no serious inconvenience will result from the postponement for a short time of a change in the constitution of the latter body, by -which a representative character will be given to it likewise. ***** I have the honor to be, &c, &c, &c. ; (Signed) Gkky. Governor Sir George Grey, K.C.B. &c, &c, &c. ! A true extract. I G. S. Coovkh. In the course of incidental statements made by Sir Georgp. Grey, we learn that the Constitution which the Biitish Government proposes to introduce, would consist of two Chambers, both of which would be elective ; but his Excellency could not state the nature of the qualifications, or the franchise. As respects the division of the Colony into Provinces, Sir George stated, (in answer to an inquiry from Mr. Cautley whether Nelson would be constituted a separate Piovince,) that the despatch proceeded on the supposition that there would be only four provinces, leaving it at his own discretion what Provinces to create* He could only answer such questions generally, until the arrival of the New Chatter. Sir George Grey had made the following Financial statement on the 15th ult., on the introduction of the Appropriation Bill for New j Ulster and New Munsler :—: — • Sir George Ghky said he would now lay on the table the Appropriation Ordinance and Kstimates for the current year for both Provinces, and in doing so he did not think it either his duty I or that it would be becoming in him to enter into details, because there were present membcis of the Governments of both PVovinces who were able to afford every requisite information on those points. His own duty, as Govcrnor-in-Chief, was to give such a general outline as would convey a clear idea o! the present financial state of the colony. In attempting to do this he would recall to the recollection of hon. members that the expenses of the general Government of the colony, the salaries of the Governor-in-Chief and ! the Bishop of New Zealand, the expense of the colonial brig, the expense of schools, and hitherto the cost of public works on which the natives were employed, were defrayed by the liberality of Parliament and of the British Government. Leaving aside the consideration of this latter question (public works) the general expenses he had alluded to amounted to between 7,000/. and 8,000/. per annum. lie was glad to be able to state that the financial conditicn of the islands had been for some time gradually improving and was now in an extremely good state. As far as he could give an approximate estimate there wan a balance of 9,000/. lying in the chests _of the various settlements, exclusive of a sum of 1,000/. still due from the Canterbury Association, and no portion of the parliamentary grant for the current year, although nearly four mouths of it had elapsed, had yet been drawn, so thai there were large balances to meet the calls which might be made upon them. Looking ni the general revenue of these Islands he estimated the whole -evcniie at 59,906/., and the expenditure at 57,400, leaving a balance of 2,500/. in favour of the colony; but he believed that in this calculation the revenue was underestimated. Turning

to details, in New MunMor it would be necessary to incur an expenditure of 27,154/. Avhife the estim&ted levcinic was 29,71 OZ. A considerable liuinbcr of charges were thrown on the estimates of this Province which they had not hitherto borne, as, for example, some portion of the cost of the roads in New Minister. The whole expense of the management of the waste lauds was atao thrown on the revenue, while the Council -were aware thai one large portion, and that Ihe most valuable portion of the lands of this Province, were in the hands of an Association, and lh.it nothing could be expected from that source; and from the unsettled state of the l.mds no revenue could be safely calculated on for the present year. On the other hand there were certain expenses as the Surveys, the expen.se of keeping offices open to give information as to lands, the issuing of Crown (1 rants, which must necessarily be incurred, and which would be only partly defrayed by the fees to be received from grants, licenses for runs and othci sources. If he had committed any error in these estimates it was in favour of the public. He had thought it better to charge these expenses on the revenue than on the parliamentary grant, leaving the latter available lor public works. In New Ulster it wiii necessary to incur there an expenditure of .'10,322/., whilst the estimated revenue amounted to 30,268/., leaving a deficit of 54/., but a considerable portion of the expenditure was of a productive kind; for instance live sum of nearly 3,000/. was set apart for constructing a public wharf at Auckland, which, when completed would reclaim from the sea .several acres of valuable land, which would be sold for a sum that would more than repay the cost of the wharf; so that part of the expenditure might be regarded merely as an advance, leaving a considerable profit on the outlay. In the samoway a considerable sum in that Province was estimated for Educational Institutions, which expense was incurred for the sake of the natives, who contributed hugely to the revenue. As far as both Provinces are concerned, the balances in the Colonial chests, instead of decreasing, would probably continue to augment. No estimate had been made for public works on which natives were to be employed, which would continue to be defrayed, as hitherto from the Parliamentary grant. The Council would see that the financial condition of the colony was in a very prosperous state. One cause of dissatisfaction existed in the distant parts of the colony which, in the absence of necessary information, rendered it impossible to decide on the amount to be^ expended. In this respect New Zealand differed from any other colony. It was, for example, nothing like South Australia, where there was one set! lenient from which the population radiated, as from a centre, into the surrounding country districts. Here a number of separate settlements had been formed at a considerable distance from each other, each requiring a government to be controlled by a central power, and. it was almost impossible for one man, or one government, adequately to discharge this duty ; but by the passing the Provincial Councils Bill the Council had provided for these settlements, isolatsd as they arc, the means of regulating their internal affairs, and for administering that portion of the revenue which avouUl remain after providing for the expense of the general government. By this arrangement the local revenues would be better administered, the public funds would, lie hoped, be more satisfactorily applied, than under the present system. With regard to the balances now available, he had encouraged this accumulation, because Government should take care that no Province should be called into existence in a. state of debt, — that it should not, at its outset, have to contend against financial difficulties, but rather have the pleasing duty of disposing of a surplus revenue in the execution of public works, and of increasing, if necessary, the salaries of public officers. From the statement now made, he hoped that these objects would he kept in view, and that the Provinces would enter on the discharge of their new duties unembarrassed by any financial caves for the future. On the 22nd of July, the Council went into Committee on the E&timates, and several items (not specified in the reports) were agreed toOn the 23rd, several discussions took place on the various points suggested by the votes, the most interesting being on the vote for the Colonial Chaplain. The Colonial Secretary of New Munbter moved that the item be struck out, and pressed his amendment to a division, when it was lost, — but only by a majority of one, the numbers being for the amendment six, against it, seven On (he 24th the remaining items for Wellington were agreed to l Those for Nelson, Lytteltou, and Otago were then proceeded wiih ; and afterwards, grants of £200 for the recently formed New Zealand Society, £200 for the Wellington Mechanics' Institute, and £1,500 for the erection of a gaol at Wellington, were agreed to. This is the latest point to which the report of the Committee comes down. We understand, however, that private letters of a later date than the newspaper reports, mention that the Salary attached to the office of Likutenant-Go-veknor of New Ulster was raised to £800 per arnmm. We shall in our' next publish the discussions that aiose on the various votes as given by our Wellington contemporaries. The report of the sub-committee on the New Zealand Company's Land Claimants Bill had been brought up on the 23rd ult. It was of considerable length, and was accompanied by the evidence taken before the committee. After some discussion, in the course of which Sir George Grey expressed his opinion that "the measure as it had come up from the committee was good as fat as it went, but was imperfect, as it did not provide for the settlement of the whole question," — it was agreed that the fuller consideration of the subject should be reserved until the motion for the adoption of the Report came before the Council. The remaining proceedings may for the present be briefly dismissed. The Crown Lands Amendment 13111 (New Munster) was in progress. The Marriage Amendment Bill, and the Census Bill had been respectively read a third time and passed The remaining clauses of the Building Societies Bill had been agreed to in committee,— Mr. Bmx promising, however, to submit the clauses to the revision of the Attorney-General of New Zealand, with a view to their being shortened and simplified. Hr Gi'-orge Giiky had taken occasion to stale that " it was believed in other colonies that he would make some regulations prohibiting the expoitalion of flour from the colony, and he had leceivcd a communication fioni the LiKurhNANr- Governor of New Ui-sikr with reference to the subject. But the LiLUiENANT-GovKiiNOR wus not aware at the

time he matle the communication that il was in contemplation to remove the duty from flour and bread stuffs imported into Neiv Zealand, and that having been done by the Council, he ( w ir Gfokob) did not propose to take any steps in reference to the subject. 1 ' Mr. llickson had published a letter explaining the leason for his resignation of his scat in Council ; which was, as we had before heard, his indignation at the conduct of the majority in precipitating the operation of the Customs Duties Bill. lie desires to '• guard against even the possibility of a supposition" that his resignation expressed disapproval of Sir George Grey's policy ; on the contrary, (although he thinks the Estimates for the ensuing year unnecessarily large) he " cordially approves of Mis Excellency's general policy," as being, in his opinion " the heft adapted to promote the prosperity and welfare of the colony." We have no account of the termination of the Session ; but it is to be remembered that our present news is fully a month old. The arrival of the Government Brig (which is daily looked for) will no doubt place us in possession of the final scenes of the Sessional drama. It is stated that the Attornky-Gine-ral and the Colonial Secretary may very shortly be expected here, — Mr. Swainson coming overland, and Dr. Sinclair in the schooner, Black Dog, by which it is said we may anticipate a visit from Lieutenant-Governor Enderby, of the Auckland Islands. We have from the South the melancholy in" telligence of a most disastrous wreck, off Cape Terawiti. The barque Maria, 400 tons, Captain pLANK,from Lytlelton for Wellington, was totally lost on the 26th of July, and twentynine human beings perished in the wreck. The particulars which have reached us concerning this sad occurrence will be found in our shipping columns. The papers mention the death of QuarterMaster Paul, of the 65th Regiment, who died I in Wellington, on the 15th of June, after a j severe illness of seven months duration.

H. M. S. Fanlome, from Sydney the 15th instant, came to anchor in our harbour, -while we were enguged in the preparation of the foregoing digest of Wellington intelligence. Her arrival does not, however, render any material change necessary in our arrangements, as she brings no very striking colonial news; and we had already in type for this day's New Zcalander, English and Continental extracts (received via California) of dates several days later than the most recent ihat had reached Sydney, viz. the 24th of April. We collect, however, a few of the most interesting particulars. We have reports of the proceedings in Parliament for the week preceding the adjournment for the Easter holidays, but they seem to have merited the sarcasm of the Spectator of April 19— that they wore characterised by " an easy, indolent, picktooth fashion of doin<* business, or rather leaving it undone," so that " there is no call upon the recorder and critic of political action to be in a fuss about it." The question of Ceylon had been postponed, and Sir William Molesworth's motion on the military expenditure in the Colonies, (after one night's discussion of which we gave an abstract in a former number) had been eventually, " elbowed out of the House without a decision," says the Spectator, " by an episodical debate arising out of the Caffre war." This " episodical debate," however, was not devoid of interest. Mr. Adderley moved for the appointment of commissioners to proceed to South Africa to inquire into "the best mode of adjusting the relations between this country and the Kaffir tribes, and also of determining the engagements entered into by Her Majesty's High Commissioner in his settlement of the extended territory." Lord John Russell proposed that the inquiry should be conducted by a Select Committee instead of by commissioners on the spot ; and his Lordship's amendment was carried by a majority of 128 over 60. The House adjourned from the 15th to the 28th of April. Before its rising Lord John Russell announced the following as the course of public business after the holidays ;—; — the second reading of the Income Tax Bill on Monday the 28th of April ; (it appears therefore that the report of the passing of thi3 measure which we lately copied from a Hobart Town contemporary was incorrect) ;— the second reading of the Jews' Bill on Thursday the Ist of May ; the Navy Estimates the same day ; the Committee on the Income Tax on Friday the 2nd of May ;— and the Committee on the Ecclesiastical Titles Bill on Monday the sth of May. Whatever former weeks mayhave been, here was at least one week's really hard work threatened ! Several elections had taken place, with the following results; Mr. Whiteside was returned for Enniskillen ; — Mr. Moncrieff, the new Lord Advocate for Scotland, was returned for Leith, succeeding Mr. Rutherford, appointed a Lord of Session ;— Mr. Fresiikield for Boston ; and Mr. More O'Ferrall for Longford County. Mr. Facjan, member for Cork, had accepted the Chiltern Hundreds, and it was expected that Mr. Sei jcant Murphy would obtain the vacant seat without opposition. We need scarcely say that the preparations for the Great Exhibition occupy much space in the papers ; but on this and other topics we have later news ; and the fillings up which we may be able to gather from these files can

await a day when our columns are leas crowded by moie pressing matter.

The intelligence from the Australian Gold Field presents liitle novelty. The Turon diggings continued the centre of attraction, and hundreds had left Ophir for them ; those who remained at the " old diggings" however, were said to find their labour fairly, though not extravagantly, remunerative. From Turon the report is " Some are making extiaordinaiy gatherings, others earning excellent wages, and a few running about from place to place, and doing little else." Numbers were pouring in from every point of the compass, especially from Victoria, and another rush from Sydney appeared to be setting in. Gambling was noticed as on the increase, especially on the Sabbath ; but the authorities were exerting themselves to check the vice. Captain Ekskine, of H.M.S. Uavannah, had visited both Ophir and Turon, which he desired to see before his departure for EnglandAmongst specimens which he obtained during his trip, he has, says the Herald, " brought down the largest pepite, or water-worn piece of j solid gold which has yet been found in the Australian Gold Field. This magnificent specimen, which is about the shape and size of a man's hand, weighs 51 ozs. 13 dwts. 12 grs." We observe the name of the " Uavannah Nugget"' had been given to it at Sydney. The Herald of the 15th instant gives a list of the receipts of Gold in Sydney on the preceding day ; the total quantity received on the 14th was 2391bs troy, valued at nearly£ 10,000. As the Elections drew nigh, electioneering movements and politics were of course exciting increased interest. Five candidates are likely to contest the representation of Sydney, — Messrs. Cowper, Lamb, Wentwortii, Longmore, and the virtuous Dr. Lang. Thirty -six female immigrants, sent out by Mr. Sidney Herbert's committee, had reached Sydney by the Malacca. The Herald is " glad to be able to report favourably of their conduct during the voyage." There were confident reports that a goldfield had really been discovered in Victoria. The Sydney Herald of the 12th thus refers to the subject : The papers received from Melbourne yesterday appear to lead to the conclusion that a gold field had been discovered. Wo know, however, that when the productions of Victoria are concerned, the enthusiasm of our southern contemporaries is so great, that it is only with extreme caution their statements can be received. Some small grains of gold had been discovered at " Chinie's Creek," and many persons were working ; but with what success we cannot ascertain. The next news from Melbourne (which will not arrive till next Tuesday) will be looked for with great interest.

Although we took care in our last to mate our readers acquainted with the leading particulars of the news brought from California by the Helen S. Page, and to place befure them an ample account of the conflagiation in San Francisco on the 22nd of June, together with the shipping and market news, as the intelligence of most immediate interest, yet the shortness of the interval between our receipt of the papers and the hour of our going to press, imposed on us the necessity of comparative brevity, in both our summary, and the extracts transfened to our columns. We to-day endeavour to supply the deficiency. It has frequently been our disagreeable duty to point attention to the prevalence of crime in California, but no file of pipers that ever came into our hands presented a more revolting view of the moral degradation and the abounding iniquity of that country, than that now before us. In every page, the papers absolutely teem with accounts of outrages of the most atrocious character, — not a few of them related in a flippant, jocose, style, which is distressingly illustrative of the low state of the public feeling that can tolerate, not to say encourage and patronize, such loathsome levity in referring to deeds the perpetration of which might make a savage blush. The law — whether from the defectiveness of its own provisions, or from the corruption or pusillanimity of its administrators — seems wholly powerless to maintain order, or even to protect human life. It is upon this fact, that the " Committee of Public Safety" or "of Vigilance" vindicates its organization* The preamble of its constitution begins with a declaration that " it has become apparent to the citizens of San Francisco that there is no security for life and property, either under the regulations of society as it at present exists, or under the laws as now administered." This is the blessedness enjoyed under the " starspangled banner," as described by the very men who last year shouted themselves hoarse in hailing the admission of their State into the Union. But , such being the case, the People (we do not need to be told what in such a state of society " the People*' means) assert and exercise their right as "free and enlightened" republicans to be legislators, judges, jurors, and executioners, all at once, and in such manner as seems good to themselves. Let us look for a moment at the way in which they work their system, taking as our illustration, its operation in the capital city, where, if any where, it might be expected to be found in completeness and purity of development. In San Francisco, as our readers are already aware, a " Committee of Vigilance" has been formed, which claims absolute authority over the liberties and lives of the inhabitants. This association is not elective in its character; il has not even that semblance of justice and dignity which, under democratic institutions, it might be supposed to bear, if its members had been chosen by the voice of the " Sovereign People ;" — but is altogether self- constituted, every man who thinks fit being not only permitted but in-

vited to join its ranks. The only obligation on its members is that they " bind tlicmsches to defend and sustain each other in cany ing out the determined action of the Committee, at the hazard of their lives and their fortunes/ Persons appointed by it sit at all hours during the day and the night to leceive any report of violence to person or pioperty which may be presented ; by them a general assemblage of the Committee may at any time be convened* the mode being " by two stiokes upon a bell, which shall be repeated, with a pause of one minute between each alarm, until ordered to be stopped." The steps taken by the meeting when summoned, are only too strikingly exhibited in the tragic case of Jenkins, to which we referred in our last, but of which we publish a fuller report to-day. The facts though few, speaks volumes for the system. A man is charged with theft ; — a crime which of course should be punished, but which even the most Draconic code existing in any civilized country does not punish with death. At ten o'clock at night, (for the Committee's vengeance could not rest till day-light) " the citizens are staitled by the ominous strokes on the bell of the Monumental Engine house." The Committee assembles. It is designated the ''Secret Committee," and so well does it merit the title that we are told " all who did not know the secret pass-word were resolutely excluded." The crowd outside, awaiting the issue of the proceedings within the inquisitorial conclave, hear at midnight the tolling of a bell which announces that the prisoner is condemned to dieA Mr. Buannan subsequently informs them that the place of execution is to be the Plaza, the time within an. hour, adding that " the Committee would conduct all things to the satisfaction of the citizens." To the Plaza the mob rushes, apparently eager to witness the conclusion of the tragedy. The particulars o^ the scene of brutality enacted in the strangling of the unfortunate man are fully detailed in the narrative which we extract, and we gladly refrain from repeating them here ; indeed we insert even the extract with some reluctance, as it is pervaded by the disgusting characteristics of the worst pages of such writers as Eugene Sue and Harrison Ainswohth, with the additional force deiived from its being truth not fiction. But we desire to let the transaction appear as it is described by a writer on the spot, and one who is well disposed to defend the proceeding. An attempt to vindicate the authority of tteh c law with respect to this murder — (for a foul murder we do not hesitate to call it) — was made by holding a Coroner's inquest on the body of Jenkins. Evidence was given, (or rather withheld,) under a dread of the Secret Tribunal, to an extent which may be judged of, from the answers of one of the witnesses, a Police officer :—: — J. P. Noyas, a Police officer, sworn : — Refused to answer any questions ; being called on for his reasons, lie stated that lie refused because be bad every reason to believe that there is a Secret Committee or Inquisition in the city, and if he should tell what he had been, or known, or heard, he should be in danger of his life. He had been a citizen of San Francisco for two year*, and was a good American. He believed every man in the city liable to be seized, and carried before the Secret Tribunal, and therefore he feared for /us life if he should testify agaimt them. lie did not fear for himself but for his family. Testimony was scarcely necessary however as the facts were notorious, the hanging having taken pldce in the presence of about two thousand people. And indeed the Committee in their collective capacity were willing to avow and glory in the act. The verdict of the jury> is in Californian style ; there a murder is politely called " a difficulty." It recites the un _ doubted fact that " one John Jenkins came to his death on the morning of the 11th of June, between the hours of two and three o'clock, by violent means, by strangulation, caused by being suspended by the neck by a rope attached to the south end of the adobe building on the Pl»za, at the hands of, and in pursuance of a preconcerted action on the part of an association of citizens, styling themselves a Committee of Vigilance ;" — and having made this historical statement, it concludes, (leaving it open to be determined by othei s whether the act was murderous, justifiable, or ( 'praiseworthy,) by naming certain members of the Committee as implicated by direct testimony, and certain others by their voluntary avowal of the act. What is to issue from this verdict ? The Herald probably echoes the popular cry when it dares the law officers to do any thing so ridiculous, so much " worse than farcical," as to u arraign those gentlemen for the commission of a crime." What can " gentlemen" care for law officers, who are associated on the very principle that they despise and defy the law ? The contempt in which the authorities are held may derive further illustration from the proceedings of the mob in the case of a prisoner named Lewis, an American, accused of arson. Although the man was in as fair a way of being hanged according to law as was well possible, yet infuriated thousands struggled to get him into their own possession that they might at once kil] him ; and Mayor Brenham, and Marshal Crozier vainly strove to induce the bloodthiisty mob to disperse, until it was discovered that the police had contrived to smuggle away the wretched prisoner to some place where he might be kept out of the hands of "the People" till his trial. Such is the social condition of San Francisco ! We should not omit to mention, however, that the Committee of Vigilance does not confine its operations to hanging and flogging, but takes much more comprehensive action by ordeiing all parlies who are suspected as bud characters to leave San Francisco within five days, or abide the vengeance of the Committee.

Numbers have been so warned, and, whether conscious or not of any crime, are afraid to disobey. No matter how erroneous the data on which the Committee have formed their opinions may be ; — no matter to what extent private malice 01 revenge may have operated in guiding the decisions of the Secret Tribunal — the mandate is issued, and must be obeyed, or — ; Jenkins's fate may supply the blank. We need scarcely comment further on the hideous state of society which these statements disclose. A number of similar facts, were it necessary or desirable, might be collected from the papers before us, but enough, more than enough, appears in our columns u to day to shew that if there be one place in all the civilized world in which crime and lawlessness run riot more than in any other, California may not unjustly be called that place. Our only hope is that ultra-democracy will work its own cure, by leading the people ultimately to see and acknowledge that mob fyranuy is the worst of all despotisms, and to seek real hb°rty in submission to the restraints of law. But it is impossible to predict how widely the existing anarchy may meanwhile extend, or in what new scenes of outrage the " Sovereignty of the People" may devclope its infatuated and headlong self-will.

Auckland Lunatic Asylum. — We are gratified to learn that the recent application of the Committee for payment of the contributions promised towards the erection of the necessary building for this most desirable Institution has been so piomptly responded to by the greater number of the subscribers, that more than twothirds of the entire amount in the list has already been paid into the Bank, while some considerable donations remain unpaid only because the parties who have promised them are temporarily absent from home. We trust that the still outstanding subscriptions will be so rapidly for thcoming, that we may see the work in progress without delay, — His Excellency the Lieutenant-Governor having communicated to the Committee that its being actually set about, only awaits the making up of the sum which the Committee aie expected to provide as their moiety of the estimated cost of the edifice.