New Zealand Colonist. TUESDAY, JANUARY 10, 1843.

New Zealand Colonist and Port Nicholson Advertiser, Volume I, Issue 47, 10 January 1843, Page 2

New Zealand Colonist. TUESDAY, JANUARY 10, 1843.

We have recently received from England the first number of the New Zealand Portfolio by Mr. Chapman, containing a letter to Lord Stanley on the administration of Justice in New Zealand. This production contains some useful practical suggestions, but, at the same time, it exhibits some singular misapprehensions which are the more noticeable, as, of all persons in England, Mr. Chapman might have been expected to be most accurately informed upon the matters of which he treats. It is rather curious, for instance, that the establishment of Courts of Requests and of Quarter Sessions ,should be attributed to Mr. Chief Justice Martin, when, in fact, they had been established before his arrival, and, one of the first measures of the legislative council after the Attorney General had taken his seat in it, was to supersede these Courts by the establishment of County Courts. If such mistakes are made in matters where absolute accuracy is attainable, we cannot be surprised at the misconception which appears to prevail in England as to our real position in matters where the information to be obtained is necessarily loose and vague. The main object of Mr. Chapman in this letter, is to procure the establishment of separate courts with ah independent jurisdiction for the two principal settlements of the New Zealand Company —Wellington and Nelson—each under the superintendence of a puisne Judge*—who, with the Chief Justice of Auckland, might form a court of appeal. The advantage of this system would be chiefly, that sittings of the court might bp held four times in the year instead of twice, as at present, and that the Chief Justice would be spared the trouble and risk of holding Circuit Courts at these two towns.

In principle we My agree with Mr. Chapman in these suggestions; that' wherever the duty may be concentrated, we .conceive that it is more for the respectability of the bench, and better secures aii intelligent and impartial administiation of justice, to. have pnly onp Judge instead of two. In the present circumstances of the . Colony also, we could scarcely afford the'expense of two additional Judicial establishments, if the Judges are to re-

ceive an adequate remuneration. Without this, it is impossible to command the services of an individual possessing the requisite knowledge and ability; and without this, also, it is difficult to insure that independence which is, above all things, essential to the fearless and impartialadministration of justice. A Puisne Judge residing, at Wellington, might, without difficulty, hold Circuit Courts at Nelson. This is, however, merely a matter of detail and ; it is quite possible that the inhabitants of Nelson might insist upon their claims to the advantages of a resident judge, and complain of the inconvenience which they would suffer from being compelled to resort to a court of law here, in the same manner as we now complain with regard to the court at Auckland. There would, however* be this difference, that the inhabitants of Nelson would be enabled to resort to this court —while, from the infrequency and uncertainty of the means of communication, the court at Auckland is absolutely useless to this settlement. Whether the administration of justice in these settlements is to be provided for by means of one or two judges, it is a matter of pressing importance that some additional provision should be made for the purpose. There are at the present time several causes which were argued before the Chief Justice at the sittings of the Supreme Court in October, which are still undecided, and which, if the Chief Justice should not have arrived at Auckland before the sailing of the Government Brig, may remain undecided until the April circuit. Some of them relate to claims of considerable magnitude, and all involve questions of importance to the commercial transactions of the community. And, independently of these cases, there are matters of almost daily occurrence, for which the only tribunals of this Settlement do not afford any adequate remedy, and in which parties either abandon their rights, or are compelled to submit to an injurious and needjpss delay. We are therefore under obligation to Mr. Chapman for having brought the matter under the notice of the Home Government, and we trust that his representations will have their due weight with Lord Stanley.

We have gi'eat pleasux-e in announcing that Mr. Hanson delivers his second lecture on the “ Principles of Colonization” in the hall of the Mechanics’ Institute this evening, at half past seven o’clock. Interesting as the last lecture was, the one to-night will be the more so, as it commences the review of the “ Wakefield Principle,” and we feel sure that we have but to call the attention of our readers to this circumstance to induce them to attend.