New Zealand spectator, AND COOK'S STRAITS GUARDIAN. Saturday, September 6, 1845.

New Zealand Spectator and Cook's Strait Guardian, Volume I, Issue 48, 6 September 1845, Page 2

New Zealand spectator, AND COOK'S STRAITS GUARDIAN. Saturday, September 6, 1845.

An illustration occurred in the proceedings of the Supreme Court this week shewing the injudicious manner, to say the least of it, in ■which the colony of New Zealand is divided

for the purposes of administration of justice. A true bill was found by the Grand Jury against W. M'Clatchie and others for a riot and assault at the Chatham Island, arising out of disputes as to the ownership of the oil saved from the wreck of the American whaler, Chelsea. On the trial an objection was taken that the Court had no jurisdiction in the matter, as the Chatham Island was included in the northern district of the colony, and that the proceedings ought to have been instituted in the Supreme Court at Auckland; the objection was held to be valid, and the defendants were discharged. It is not necessary for our argument to enter into the merits of this particular case, but we wish to shew the injurious effect which the present arrangement must have on the commercial interests of this settlement. Nearly all the trade that is carried on between New Zealand and the Chatham Island, is from this port. Whaling stations have been established there by persons residing in this settlement, nearly all the supplies to these stations are received from this place, and at the end of the season all the oil caught there is usually sent to Wellington. A considerable quantity of pigs and potatoes also in the course of the year is received here from the Chatham Island, and scarcely a month passes in which there is not some communication between the two places. We have mentioned these facts to shew that where an active trade is carried on between two places, in which a considerable amount of capital is employed, and in the course of which it is probable that disputes iva # \ arise, rendering an appeal to a legal tribunal necessary, it would be very expedient for the interests of the persons engaged in this trade that this appeal may be made to the Court situated in one of these two places, and not to that of a place unconnected with either of them, and with which the communication is very uncertain and infrequent. We believe we are correct in asserting that on the average there is not a vessel from Auckland to this place once in two months, and from Auckland to the Chatham Island, perhaps not once in two years. New, if it be established that any settler here, desiring to obtain compensation or redress for an injury arising out of transactions in the Chatham Island, must seek it in the courts of Auckland, it is virtuallyproclaiming impunity to the offenders, and putting that island out of the pale of the law; for few persons would incur the trouble, anxiety, and expense attending such proceedings. But if we consider its moral effect in encouraging all sorts of violence and crime, and in making that island the head quarters of lawless persons, the consequences are still more deplorable. No Magistrate resides there, no authority of any kind is established there, and if all offences committed in the Chatham Island must be tried at Auckland, it is more than probable, considering the infrequently of communication, that they will never be enquired into at all, and the old scenes will be revived which existed in Captain Hobson's time, and and to which he endeavoured to put some check. An additional illustration of our argument may be adduced in the case of tfaeHannah, in which piracy was committed, attended with considerable violence, and in which the bringing the offenders to justice was attended with considerable difficulty, from the necessity, according to the present arrangement, of trying the prisoners at Auckland. The remedy for these evils is simple and obvious, it would be only necessary to include the Chatham Island in the southern district of New Zealand, to which, by position and its commercial relations it naturally belongs, and to enact that all offences committed there should be tried at Wellington. A very short Ordinance would suffice ; perhaps a proclamation by the Governor would do all that is requited to effect this desirable object, and where the advantages to be derived by the community from the alteration are so extensive, it would appear hardly to admit of a question. We certainly cannot see any reasonable objection which can be made to such a plan, and we would urge upon the attention of his Honor the Superintendent, or on whomsoever the duty may devolve, of making suggestions of this kind, which have for their object the more perfect

administration ofjustice, the prevention of crime, and the protection of the commercial interests of the community, the necessity of making such representations to the Governor* as may induce him to carry into effect an alteration at once so easy and so beneficial. When more peaceful times return to the colony, the occasional visit of the vessel of war on the station to the Chatham Island with a magistrate on board, having the power to enquire into and punish acts of violence and aggression would be attended with the best results.

Within the last few weeks a considerable quantity of oil and bone has been brought to Wellington by the vessels engaged in the coasting trade, from the different whaling stations connected with this port. Here it must remain until opportunities occur for shipping it either to Sydney or Londop. The loss of the Tyne will be severely felt by our merchants, as by this misfortune they are deprived of a very favorable opportunity of sending their oil direct 10 England ; and the demand for shipping and consequent high freights at Sydney will render it difficult to charter a vessel to supply her place. Both the Bee and the Bandicoot, we believe, will leave this Port with full cargoes of oil.

It is with sincere concern that we have to record the total wreck of the American Brig Falco, at Okoraringa, Table Cape, at which place she bad touched for supplies. The report we publish we have received from a most respectable source, and have little doubt that it is substantially correct. It discloses a most painful and melancholy scene of lawless violence and outrage, of white men joining with the natives to wreck and {dander the devoted vessel. We hope the anthorities will lose no time in investigating this disgraceful affair, and in visiting the offenders with severe punishment, if it be only as an example to prevent the recurrence of similar scences. In a communication we have received, to which the mark of William Thompson is appended, it is stated that signals were made from shore to the brig to get under weigh, " and that the rumours with respect of the white men being the first to commit robberies on board the brig Falco, when she came on shore at this place, is totally false" : — but our readers will estimate such a denial on such authority at its proper value.

By the Ann and Sarah we have received the Nelson Examiner of the 23d August. It contains an account of the meeting to consider Captain Fitzroy's answer to the Presentment of the Grand Jury of that settlement, which appears to have excited a good deal of indignation, and the report of which we must postpone until next week. There is also a protest addressed to the Police Magistrate, signed by twenty five of the principal dealers and farmers, expressing their determination of refusing to take debentures in payment for their goods or produce. F. Marshall, Esq., of Nelson, has been Gazetted Police Magistrate of Akaroa, in the place of C. B. Robinson, Esq., but doubts are entertained of his accepting the appointment, as it is reported he intends shortly going to England.