AUCKLAND.

New Zealand Spectator and Cook's Strait Guardian, Volume II, Issue 76, 21 March 1846, Page 3

AUCKLAND.

The Fanny Morris arrived on Tuesday last from Auckland after a rough passage of fifteen days. She has brought Auckland papers to the 28th February, and an English mail which had been forwarded from Sydney. Up to the time of her departure the Government, Brig had not arrived at Auckland. By private letters we learn that the Protectorate department is abolished ; the next arrivals will probably bring the official announcement of this change. This measure has been so earnestly desired by the settlers, that it cannot fail to give general satisfaction. The following appointments are announced in the Government Gazette, Feb. 9: — Lieut.-Col. Wynyard and Major Bridge of the 58th Regt. to the Commission of the Peace for the Colony of New Zealaand; — Charles Knight, Esq. to be Auditor-General, in place of the Commissioners of the Board of Audit, and C. W. Ligar, Esq. to be Commissioner of Claims to Land in New Zealand. Mr. T. Bateraan has also been appointed Sub-Collector, Lauding Waiter, and Harbour Master for the Bay of Islands. We have made the following extracts from the Net' Zealander: — There are 1,500 tons of coal contracted for, to be delivered in Auckland, for H. M. Steamers. By English papers we learn, that tfie President, 42-gnn frigate, is commissioned —and, it was anticipated, to be destiued for these seas, with a commodore's flag. Within the district of Auckland the most exciting interesting topic at present among the natives is, the approaching great feast and huihuinga, which takes place near Mata-Mata, in the middle of April. The natives of the tribes of Nga te Haua, Nga te Wakawa, Nga te Mauta, Waikato, &c, will be assembled by the invitation of the great chief of the Nga te Wakawa, William Thompson, son of the late celebrated native warrior —Whaharoa. It is intended as a festival of universal peace, between the tribes of the East coast, about Maketu and Tauranga, and those ot the interior, near the lakes, which have been for years at continued warfare. It is anticipated there will be not less than from eight to ten thousand natives present, for the feeding of whom, on the occasion, provisions have been collecting for some months past.

Heki and Kawiti. —Although these native chief* have formally made peace with the

Government, it appears that they are still restless and unsettled. Last week Kawiti came down with two hundred followers, to Kaipara, to see the native chief Tirarau. On their arrival there was the usual filing, feasting, dancing, shouting, and numerous speeches. The object of Kawiti was to influence Tirarau to form an alliance with him and Heki, but Tirarau avowed himself openly before the whole of the Ngapuhi, as the friend of the white men, and expressed bis firm determination not to join in any outrage or aggression towards them. Kawiti boasted to Tirarau, that, with his handful of men he had withstood and beaten the English with all the force they could collect from Port Jackson and other places, and that he had lost very few men. He declared that the soldiers were unable to conquer him : and that peace was made not by his wish or desire, but at the earnest entreaty of the Governor. As peace was made, he was willing again to sit down quietly and receive the white people at Kororarika ; but that the flag-staff must not be re- erected for some time. The fighting general of Kawiti also addressed the assembled people in the most energetic and exciting strain of native eloquence, recounting the deeds of his companions in their warfare with the Europeans. Kawiti and his party left at the beginning of this week, for they consumed very largely the pigs and potatoes of Tirarau and his people. Heke is gone to Kaihu on a similar errand, to the native chief Parore. From these proceedings it is quite evident that there still is in action latent sparks of disaffection aud rebellion among the natives — and that they only abide their own time and a. favourable opportunity to commence again their predatory and warlike operations. — In fact, the snake is only scotched — not killed.

[From the Government Gazette^ Colonial Secretary* office, Auckland, 6th February, 1846. His Excellency the Lieutenant-Governor has been pleased to give directions for the following correspondence to be published for general information. — By his Excellency's command, Andrew Sinclair, Colonial Secretary.

Auckland, 22d December, 1845. We, the non-official members, have the honor hereby to place in your Excellency's hands the resignation of our seats in the Legislative Council ; at the same time we beg leave to assure your Excellency that our only motive in taking this step is our belief in its propriety upon a change in the Government under the existing constitution of the colony. (Signed) Fred. Whitaker, William Donelly, Thbopbilus Heale. To his Excellency the Lieutenant Governor of New Zealand.

Government House, Auckland, \»t February, 1846. Genixemem, I have hitherto delayed replying to tbe letter you addressed to me upon the 22d December last, for several reasons. lstly. When I received that letter it did not appear to me to require an immediate answer, and I was at tbe time engaged in very important operations, which occupied my almost exclusive attention. 2ndly. I have not, up to this date, felt completely assured that I might not find it necessary again to assemble my Council before proceeding to the South, and I confidently calculated that your desire to promote the public interests would have led you to afford me the advantage of your services as long as I might find them necessary. 3rdly. I did not feel quite satisfied that under the existing constitution of the colony, a change in the Government rendered it necessary that you should tender the resignation of your seats in council. -~ As, however I feel quite satisfied that jour only desire in taking the course you have done, is to promote the welfare of this country, and as I think tbe interests of New Zealand may be advanced by my having the power of offering seats in the Legislative Council to gentlemen of the southern portion of the colony, I will, upriirher Majest) 's behalf, accept your resignations, and report the circumstance for her Majesty's approval. At the same time I beg you will accept my thanks for the support you afforded me when I had lately occasion to assemble you, and my assurances that it would have been in every respect most agreeable to me to have continued to co-operate with you as Members of the Legislative Council. I have the honor to be, &c, &c, [. (Signed) George Grey, Lieutenant-Governor, &c, &c.» To the non-official members of the Legislative Council, &c, &c, &c.

[From the New Zealander.~\ Lord Stanley's despatch declaring tit Deben* ture* not to be Legal a Tender. From the lat'at Blue Book.

Downing-street, 30th April, 18U5. Sir,— I have received your despatch dated 14th Sept., 1844, No. 29, enclosing copies of the^ Various Ordinances, passed during the then recent Session of the Legislative Council of New Zealand, and apprising me that by another convey* ance, you would forward the necessary remarks and reasons, with the required number of copies. With reference to the great majority of the Ordinances so transmitted, I must necessarily await your promised explanation. But ont of those acts, passed on the 18th May, though nottransmitted till the 14 th September, is of such A nature, 'that it has been impossible for me to defer, for however ihort a period, the announce-

Tnent ofher Majesty's decision respecting it. It is entitled "An Ordinance to authorise the Governor of New Zealand to issue Debentures, and to make the same a legal tender." That Act authorises the Governor to issue Debentures, of which the amount at no one time is to exceed £15,000, and it provides lhat a tender of any such Debenture shall be a legal tender. The 14th of her Majesty's Standing Instructions, of the sth December. 1840, directs, "that you do not propose or assent to any Ordinance whatever, whereby bills of credit, or other negotiable securities of whatever nnture, may be issued in lieu of money, on the credit ofihesaid colony, or whereby any Government paper cur rency may be established therein: or whereby any such bills or any other paper currency, or any coin, save only the legal coin of the realm, may be made or declared to be a legal tender, without special permission from her Majesty in that behalf first obtained." The preceding is one of a body of instructions which were annexed to, and which in fact constitute a part of the charter of the colony, of the 16th Nov., 1840. The power of legislation given by that charter is qualified by the condition that all such laws shall be made in conformity with the Royal instructions. For this reason, if for no other, it would be impossible that her Majesty should be advised to confirm this ordinance. It was the assumption by the local legislature of a power they do not possess. But the Ordinance was also a direct infringement of a principle enacled by Parliament, in reference to the Trans-Atlantic colonies, and co-extensive in its operations, with the colonial possessions of the British Crown, — since it is universalty prescribed by the Royal Charter or Instructions in those colonies, to which the Act of Parliament does not extend. The importance of insisting on paper money not being made a legal tender in the British colonies, rests on grounds too obvious to require explanation, and too conclusive to require the suppoit of any reasoning. The Queen commands me to signify to you her Majesty's disallowance of this Ordinance, as opposed to her Majesty's instructions to the rules prevailing throughout the British colonies, and to the real and permanent interests of her Majesty's subjects in New Zealand. You will immediately cause her Majesty's decision to be published in the usual and most authentic manner. I have, Sir, &c, &c. Stanley. Governor Fitzroy, &c, &c.