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)
The first paragraph (of the original instructions) relates to the
acquisition of the sovereign rights by the Queen over the Islands of
New Zealand. Under this head I perceive that no distinction is made
between the Northern and Southern Islands, although their relations
with this country, and their respective advancement towards
civilisation are essentially different. The Declaration of
Independence of New Zealand was signed by the United chiefs of the
Northern Island only (in fact only of the Northern part of that
Island) and it was to them alone that His late Majesty's letter was
addressed on the presentation of their flag; and neither of these
instruments had any application whatsoever to the Southern Islands.
It may be of vast importance to keep this distinction in view, not as
regards the natives, towards whom the same measure of justice must be
dispensed, however their allegiance may have been obtained, but as it
may apply to British settlers, who claim a title to property in New
Zealand as in a free and independent State. I need not exemplify here
the uses that may hereafter be made of this difference in their
condition; but it is obvious that the power of the Crown may be
exercised with much greater freedom in a country over which it
possesses all the rights that are usually assumed by first discoverers,
than in an adjoining State which has been recognised as free and
independent. In the course of my negotiations, too, my proceedings
may be greatly facilitated by availing myself of this disparity, for
with the wild savages in Southern Islands, it appears scarcely
possible to observe even the form of a treaty, and there I might be
permitted to plant the British flag in virtue of those rights of the
Crown to which I have alluded.
[Illustration: A SECTION OF THE TREATY SIGNATURES.]
To this Lord Normanby replied that Captain Hobson had correctly
interpreted his instructions when he limited his Lordship's remarks
concerning the independence of the New Zealanders to the tribes
inhabiting the Northern Island. His knowledge respecting the Southern
Island was too imperfect to allow of his laying down any definite
course of action to be pursued there. If it were really as Captain
Hobson supposed, uninhabited, or peopled only by a small number of
tribesmen in a savage state, incapable from their ignorance of
entering intelligently into any treaties with the Crown, then the
ceremonial of entering into any such engagements with them would be a
mere illusion and pretence which ought to be avoided, and discovery
might be made the basis of the Crown's claim. Still he had a marked
predilection in favour of a treaty as the only means of affording an
effective protection to the natives; "but," he continued, "in my
inevitable ignorance of the real state of the case I must refer the
decision in the first instance to your own discretion, aided by the
advice you will receive from the Governor of New South Wales."
Public-domain text, read in full here on John Shaqi.
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