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)
By the following June 25 the provisions of the Bill had been widely
circulated, on which date a spirited protest against its enactment was
received from a number of gentlemen claiming to be landowners in the
new colony. This document, which was presented to the Legislative
Council by Mr. H. H. Macarthur, set out that the petitioners having
perused certain proclamations in the New South Wales Government
_Gazette_ of January 22, as well as the Bill introduced by the
Governor, they submitted that their rights and privileges as subjects
of the Queen and as landowners in New Zealand would be unwarrantably
and unconstitutionally invaded by the provisions of the said measure.
They therefore prayed that they might be heard by the Council in
protest against such unjust legislation.
So reasonable a request was readily acceded to by the members of the
Legislature, and on June 30 Mr. Busby, the former British Resident,
Mr. William Charles Wentworth, Mr. A'Beckett, and Mr. Darvall,
barristers-at-law, were introduced to the Council, and on that and
several subsequent days addressed the members in opposition to the
Bill.
The burden of Mr. Busby's contention in defence of his claim to 50,000
acres, including the site of a township, was that the Bill sought to
legalise confiscation, and that therefore the principles which it was
designed to enact were at variance with and in excess of all that was
sanctioned by the British constitution.[169] No doubt, he said, there
were many claims to land in New Zealand which would not bear
investigation; but contrariwise there were many respectable settlers
on the banks of the rivers and shores of the harbours who would be
deeply injured were the proposed Bill to become law. This injury
would be all the more ruthless because no attempt had been made by the
Government, now become so paternal, to prevent British subjects
acquiring property in New Zealand, as had been done in the case of
those settlers who had come over from Van Dieman's land to originate
the settlement at Port Philip. No sooner did it become known that
these speculators had purchased extensive tracts of country from the
aborigines than a proclamation was issued declaring the illegality of
their proceedings. No such prohibition had, however, been put upon the
acquisition of property in New Zealand, where the settlers, relying
upon certain acts of repudiation by the British Government, had
purchased from the natives in the belief that they were negotiating
with an independent people. Mr. Busby proceeded to review the various
stages of New Zealand's history in order to emphasise the events by
which the independence of the chiefs and people had been repeatedly
acknowledged, and concluded by asking why the chiefs had been induced
under the Treaty of Waitangi to surrender the pre-emptive right of
purchase to the Queen if they had never had the right as an
independent people to dispose of their lands as they pleased?
Public-domain text, read in full here on John Shaqi.
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