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)
"Such was the origin of Mr. Wentworth's claim to twenty millions of
acres in the Middle Island," continued Sir George, "and it was the
legality and validity of this transaction that he appeared before the
Council to defend."
The magnitude of the property at stake naturally excited Mr. Wentworth
to his most eloquent effort, and in an address of considerable length
and subtlety he argued that before the proclamations issued by Sir
George Gipps and Captain Hobson, nullifying all titles to land not
derived from the Queen, could be binding upon British subjects, they
must be founded upon some law previously existing; and if they were so
founded then it was the duty of those who had issued them to satisfy
the Council what that law was. The principle contained in the preamble
of the Bill--that no chiefs, or other individuals of tribes of
uncivilised savages had any right to dispose of the lands occupied by
them--was, he contended, at variance with British law and with the Law
of Nations. Numerous authorities were marshalled in support of this
view, and also to prove that it mattered nothing whether the New
Zealanders were an independent nation or only a few errant tribes
scattered over the country; they still possessed the demesne of the
soil to do with as they pleased. This being so, those who purchased
land from them were only acting in accordance with the natural rights
of the natives and in compliance with the Law of Nations. According to
Vattel--one of the world's most eminent authorities upon the relation
of one nation to another--individuals landing in an uninhabited
country might not only establish colonies, but also erect a government
and an empire, and he argued that if such a proceeding was permissible
in an uninhabited country, it resulted _a fortiori_, that it
might be done in a country that was peopled, provided the natives of
that country gave their consent thereto. The story of the first New
England Settlement under Davenport and others, in 1620, was urged as
conclusive proof that British subjects, unsupported by a Royal
Charter, might form colonies and erect governments, as had been done
in Connecticut, where the government so established had lasted for
over two centuries. He denied that there was any merit in the official
assumption that the Crown had derived sovereignty over the Islands of
New Zealand by right of discovery. Discovery gave no right of
occupation in an inhabited country, nor would the Law of Nations
acknowledge the property and sovereignty of any nation unless its
possession were real, unless its settlements were actual, or it had in
some way made practical use of the soil. The Bill rested upon the
principle that the native was incompetent to sell his own land, and
the British subject was incompetent to buy--a principle which he
thought he had clearly disproved. Confiscation was the key-note of the
measure. It was a Bill designed to take away property, annul grants,
Public-domain text, read in full here on John Shaqi.
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