Prospectus of the Scots New Zealand Land CompanyMatthew, Patrick
History
Prospectus of the Scots New Zealand Land Company
Matthew, Patrick
New Zealand -- Emigration and immigration; Scots New Zealand Land Company
_National or Government Right_ exists only where there is a presiding
responsible government competent to treat with other governments, and
to obey international law, and able to put down pirates and freebooters
within the territory of the state. National or Government Right is
evidently founded on the _utility_ of government power, and of national
responsibility. _Individual Right_, or appropriation of land, arises
from actual occupancy of the lands, more especially cultivation by
labour. _Individual Right_ is founded on land being more advantageously
employed and cultivated when divided and appropriated than when held
in common, and on the claim which a person acquires to any article,
not belonging to another, by expending his labour upon it. In some
instances land has been cultivated in common by the tribe or district
inhabitants, and sometimes the government has engrossed this right of
property in land, and farmed it out in portions; but neither plan has
been found to promote improvement so well as individual appropriation.
The natives of New Zealand themselves admit, and every stranger who has
been amongst them corroborates the fact, that they are incapable of
combining and forming any thing like a responsible government fitted
to treat with other governments, and to observe international law, or
even to maintain any proper government authority within the territory
of New Zealand. They have, therefore, no _national or government right_
to the New Zealand territory, and have only _individual right_ to those
parts which they cultivate or derive some benefit from by occupancy. A
native of New Zealand has no _right_ to the unappropriated wilderness
of New Zealand more than any other person who may be standing beside
him in that wilderness. But as the natives of New Zealand, in common
with the natives of New South Wales and Tasmania, have got a sense of
_right_ to these unappropriated territories, it is well to purchase
their good will to the occupancy of these,--that is, their forbearance
from molesting the occupiers; because, to take possession without
doing so might lead to the sacrifice of life, and because it is even
cheaper to hire their forbearance than to compel it by force. Any one
purchasing their good will to a portion of territory has no _right_,
however, to that territory, further than not to be molested by the
natives; and unless he himself has settled on the grounds, grazed
them with stock or cultivated them--the quantity of ground bearing a
reasonable proportion to his stock or means of cultivating--he has no
right to prevent any individual from taking occupancy and cultivating,
and thus becoming _rightfully_ possessed of the same lands. Any one who
has purchased the forbearance of the natives, and failed to occupy, and
who out of revenge may instigate the natives against the person who
does occupy, is manifestly guilty and answerable for the consequences.
It is useless here to assert the _right_ which the imperative necessity
Public-domain text, read in full here on John Shaqi.
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