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 laudable effort was made to render the claims of Britain even more
explicit when in 1787 Captain Philip was appointed by Royal Commission
Captain-General and Governor-in-Chief in and over the colony of New
South Wales and its dependencies, which were claimed to include all
the discoveries of Cook in the Southern Pacific. The territory over
which the new Governor was authorised to exercise jurisdiction was
described in his Commission as extending "from Cape York, the
extremity of the coast to the northward in the latitude of 11° 37´
south, to the South Cape, the southern extremity of the coast in the
latitude of 43° 30´ south, and inland to the westward as far as 135°
of east longitude, comprehending all the islands adjacent in the
Pacific Ocean within the latitudes of the above-mentioned capes."
Unfortunately, owing doubtless to imperfect geographical knowledge on
the part of those responsible, these boundaries were but loosely
defined, for if they had been strictly adhered to, then Britain was
setting up a claim not only to Cook's valuable discoveries, but to all
the islands eastward of Australia, as far as the western coast of
South America, embracing many Spanish discoveries; while on the other
hand they excluded not only Stewart's Island, but all that part of the
Southern Island of New Zealand south of Bank's Peninsula. Governor
Philip's Commission was therefore faulty, because it asserted
excessive rights in the one direction and made insufficient claims on
the other.
It is true that in later years these boundaries were abandoned and the
position made even more anomalous. During the Governorship of Sir
Thomas Brisbane it was deemed expedient to separate Van Dieman's Land
from New South Wales, and more circumscribed limits were assigned to
the Mother State. In this readjustment, whether by accident or design
it is impossible now to say, not only Van Dieman's Land but New
Zealand were excluded from amongst the dependencies of New South
Wales. Then it became an arguable point whether the word "adjacent"
had ever covered Islands so far distant from the parent colony, and
much legal acumen was expended in the effort to justify the contention
that New Zealand had always been beyond the pale of the dependencies.
Public-domain text, read in full here on John Shaqi.
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