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)
In the case of inhabited countries the condition of occupation is no
less exacting. It is, however, hedged about by the additional
restriction that before occupation can take place the right to settle
must be ceded by the inhabitants. Had the point ever become one of
national importance as between ourselves and France, Britain might
have pleaded that her occupation was at least as far advanced as that
of her rival. She might have pointed to her Missionaries, her traders,
and her whalers as evidences of an irregular settlement by no means
inconsiderable. But whatever importance British jurists may have
attached to such a form of occupation in the settlement of an
international dispute, it cannot be denied that it loses much of its
value from the fact that the settlement was irregular, and that
British Ministers would have been put in the anomalous position of
calling to their aid a condition of society which had arisen, not with
the sanction of the Crown, but in spite of the Crown.
If these views be founded on the principles of justice, it will be
seen that it is a popular fallacy to suppose that Britain acquired any
rights of sovereignty in, or over New Zealand by virtue of Cook's
discovery. Her position in 1770 was much less absolute than that, and
whatever rights she had then acquired she subsequently proceeded to
abrogate. In 1817 commenced a period of renunciation during which
successive British Governments appeared only too anxious to absolve
themselves from all further colonial responsibilities. Not only by
neglect, but by direct Act and Ordinance did they repudiate the claim
to New Zealand which their predecessors had been laboriously building
up through all these years. These Acts of repudiation were
specifically enumerated by Lord John Russell in the memorandum which
he prepared for Lord Palmerston in reply to the protest of the New
Zealand Company against the views on sovereignty adopted by Lord
Normanby in his instructions to Captain Hobson, and it was the known
abrogation in these statutes of whatever claim Britain may have had to
New Zealand that led to the Declaration of Maori Independence in 1835.
Public-domain text, read in full here on John Shaqi.
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