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 second clause of the treaty proved to be the storm centre of the
compact. By those natives who took the trouble to reason out the
purpose and effect of the negotiation it was unanimously approved; by
the land-jobbers it was as unanimously condemned. Guaranteeing as it
did to the tribes the full and complete possession of their lands,
fisheries, and forests, it complied with the one condition that made
the treaty tolerable to them; yet by reserving to the Crown the right,
by pre-emption,[167] to become the medium of purchase between the
natives and the settlers, it provided the contentious point upon which
all who were interested in the acquisition of land concentrated their
attacks. Nor was this opposition shown merely because by a broad sweep
of the pen the speculator's sphere of operations had been materially
limited for the future, but the hostility became the more vehement
because by an equally bold assertion of a great principle of law, the
treaty called under review all that they had done in the past. The
acknowledgment by the British Crown of the native title to all the
land in New Zealand, whether waste or cultivated, was in the opinion
of many a blunder grievous enough; but that the Crown should claim the
right to scrutinise all titles which had been acquired before
sovereignty was declared, was an excess of zeal which they regarded as
nothing short of preposterous.
This feeling of indignation was rampant amongst those who were deeply
implicated in land speculations when the proclamations were issued at
Sydney and the Bay of Islands, declaring null and void all titles
which were not derived from the Crown; and their ideas of British
enterprise were even further outraged when on May 28, 1840, Sir George
Gipps introduced to his Legislative Council, "A Bill[168] to empower
the Governor of New South Wales to appoint Commissioners to examine
and report on claims to grants of land in New Zealand."
In addition to the gigantic pretensions put forward by the New Zealand
Company there were 1200 claimants whose demands upon the soil of the
country varied from a single rood to over 20,000,000 acres. Three of
these exceeded 1,000,000 acres each; three others were claiming
1,500,000 acres between them; three others comprised more than 25,000
acres each, while upwards of thirty persons expected to be placed in
possession of more than 20,000 acres each, the aggregation of alleged
purchases amounting to 45,976,000 acres. "Some of these claimants,"
says one writer, "had nothing more to show for their purchases than an
ornamental scrawl on a deed which was so phrased as to be unintelligible
to the chiefs who signed it." To reduce these wholesale purchases to
some principle regulated by justice was the purpose of the Government;
to let the dead past bury its dead was the fervent wish of all
those who had entrenched themselves behind Maori signatures.
Public-domain text, read in full here on John Shaqi.
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