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)
When large numbers of British subjects have established themselves in
distant regions, inhabited only by barbarous tribes, it is impossible
for Her Majesty's Government to leave them exposed without protection
to the dangers which their own rashness may draw down upon them, or
to allow them to exercise, without control, and perhaps to abuse the
power which their superior civilisation gives them over the rude
natives of the soil. Hence every new establishment of this kind
involves a new demand upon the naval and military resources of the
Empire, but the undue anticipation of such demands must occasion a
very heavy burden upon the nation, and it therefore follows that the
enterprises of colonisation should only be entered upon with the
sanction and under the authority of the Government.
On this ground and on this ground alone the British Government was
justified in calling a halt in the irregular settlement of New
Zealand, and if a mistake was made it was not in that the Government
now interposed their authority,[174] but in that they had not asserted
their rights at a much earlier period. In support of this portion of
his argument Sir George Gipps quoted the opinions of four of the most
eminent lawyers in England of that day, Mr. William Burgh, Mr. Thomas
Pemberton, Sir William Follett, and Dr. Lushington. He was even
uncharitable enough to use against the New Zealand Company the opinion
of their own legal adviser, Sergeant Wilde, the crushing nature of
these authorities completely breaking down the pretensions of his
opponents.
"I leave the Honourable Members of this Council," declared Sir George,
"to say whether they will take the law from the authorities which I
have produced or from the learned gentlemen who have been heard at
their table; remembering, moreover, that the former were giving their
opinions against their clients, the latter arguing, as they were bound
to do, in favour of them."
Sir George also claimed for the British Government the right to
intervene in New Zealand affairs, so far as land titles were
concerned, on the ground of its immediate contiguity to the colony of
New South Wales, in support of which claim he quoted an opinion
expressed by a Committee of the House of Commons in 1837, and in
further appeal he might have advanced the fact that in the previous
fifty years Great Britain had expended no less a sum than £8,000,000
upon colonisation in the South Pacific, a fact which was surely
substantial enough to create the peculiar rights which are inseparably
associated with those intimate relations which grow out of
neighbourhood. Finally, he thus summarised the powers which were
sought for in his measure and those which it did not seek:
Public-domain text, read in full here on John Shaqi.
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