The Treaty of Waitangi; or, how New Zealand became a British ColonyBuick, Thomas Lindsay
History
The Treaty of Waitangi; or, how New Zealand became a British Colony
Buick, Thomas Lindsay
New Zealand -- Politics and government; Treaty of Waitangi (1840)
As an adjunct to his slender authority, Mr. Busby had been informed by
Governor Bourke that Sir John Gore, the Vice-Admiral commanding the
Indian Squadron of the Navy, would be instructed to permit his ships
to call in at New Zealand ports as frequently as possible, and offer
him what support they could during these fitful visits. But upon
neither naval nor civil power was Mr. Busby to rely overmuch. He was
to depend for his authority rather upon his moral influence and his
co-operation with the Missionaries, to whom he went specially
accredited.
Mr. Busby has frequently been made the butt of the humorist, because
his bark was necessarily worse than his bite. The Maori cynic of his
day chuckled as he dubbed him "_He manuwa pu kore_" ("A
man-of-war without guns"), and many a playful jest has since been made
at his expense, all of which is both unfair and ungenerous to Mr.
Busby. The difficulty in the way of investing him with legal power was
thus tersely explained by Sir Richard Bourke during the course of his
initial instructions to the Resident:
You are aware that you cannot be clothed with any legal power or
jurisdiction, by virtue of which you might be enabled to arrest
British subjects offending against British or Colonial law in New
Zealand. It was proposed to supply this want of power and to provide
further enforcement of the criminal law as it exists amongst
ourselves, and further to adapt it to the new and peculiar exigencies
of the country to which you are going, by means of a Colonial Act of
Council grafted on a statute of the Imperial Parliament.
Circumstances which I am not at present competent to explain have
prevented the enactment of the Statute in question.[11] You can
therefore rely but little on the force of law, and must lay the
foundation of your measures upon the influence which you shall obtain
over the Native Chiefs. Something, however, may be effected under the
law as it stands at present. By the 9th Geo. IV., cap. 83, sec. A,
the Supreme Courts of N. S. Wales and Van Dieman's Land have power to
enquire of, hear and determine, all offences committed in N.Z. by the
Master and crew of any British ship or vessel, or by any British
subject living there, and persons convicted of such offences may be
punished as if the offence has been committed in England.... If
therefore you should at any time have the means of sending to this
colony any one or more persons capable of lodging an information
before the proper authorities here, of an offence committed in N.Z.
you will, if you think the case of sufficient magnitude and
importance, send a detailed report of the transaction to the Colonial
Secretary by such persons who will be required to depose to the facts
sufficient to support an information upon which a bench Warrant may
be obtained from the Supreme Court for the apprehension of the
offender, and transmitted to you for execution. You will perceive at
Public-domain text, read in full here on John Shaqi.
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