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)
"A philosopher perhaps might enquire on what ground Lieutenant Cook
could take formal possession of this part of New Zealand in the name
and for the use of the King of Great Britain, when the country was
already inhabited, and of course belonged to those by whom it was
inhabited, and whose ancestors might have resided in it for many
preceding ages. To this the best answer seems to be that the
Lieutenant in the ceremony performed by him had no reference to the
original inhabitants, or any intention to deprive them of their
national rights, but only to preclude the claims of further European
navigators, who under the auspices and for the benefit of their
respective States, or Kingdoms, might form pretensions to which they
were not entitled by prior discovery."
So wrote one of the great explorer's most friendly biographers, and in
his dispassionate review of the facts we have a correct summation of
the rights which Cook's discoveries did and did not confer upon our
nation. Clearly New Zealand was not a country in which, or over which,
Britain could, by Cook's act, acquire a _bona fide_ possession, for it
was inhabited by a strong and virile people, living under a system of
government adequate in all respects for their social and military
purposes.
In conferring upon New Zealand her charter of severance from New South
Wales in 1840 Lord John Russell thus conveyed to Captain Hobson his
view of the governmental state to which the Maori had risen: "They are
not mere wanderers over an extended surface in search of a precarious
existence; nor tribes of hunters, or of herdsmen, but a people among
whom the arts of government have made some progress; who have
established by their own customs a division and appropriation of the
soil; who are not without some measure of agricultural skill, and a
certain subordination of ranks, with usages having the character and
authority of law." New Zealand then being an inhabited country and a
country under a system of government at least so efficient as to
subsequently induce the British authorities to recognise the Maori
nation as an independent State, it becomes obvious that this could not
be designated a land which could be lawfully seized upon by
circumnavigators.
But such rights as Cook's discoveries did confer upon the nation, the
Government of that day sought to conserve. Following upon his return
to England with the accounts of his travels in strange waters, his
contact with strange peoples, his finding of new lands, proclamations
were issued which were not contested by other Powers. The Dutch title
to these islands was thereby lawfully extinguished, and New Zealand,
Van Dieman's Land, and Australia became for geographical and
colonising purposes portions of the British Empire.
Public-domain text, read in full here on John Shaqi.
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