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 Bill, gentlemen, is not a Bill of spoliation as it has been
described; it is not a Bill to destroy titles, but rather to bestow
titles on persons who at present have none, and who cannot get any
but from the Crown. It is not a Bill to take away any man's
_tenementum_, but to give him a _tenementum_, provided he
can show that he has a fair and equitable claim to it, though not
indeed a _tenementum_ to any one in the lands which were
purchased, or pretended to be purchased, after the issue of my
proclamation and in defiance of it, for not one acre of such land
shall any one ever acquire under it. Nor is it, gentlemen, a Bill to
give Her Majesty any power that she does not already possess; for her
power to disallow these titles is vested in her by virtue of her
prerogative, and of that principle of English law which derives all
landed property from the gift of the Crown. Her Majesty's prerogative
in this matter is about to be exercised, not for the love of power,
not for the lust of patronage, but for the good of her subjects, for
which alone it is given to her; and the exercise of it in this case
will be an additional proof that the prerogative is what it was
elegantly described to be in the course of the pleadings in the
Grenada case, of which we have heard so much, the _decus et tutamen
regni_, the grace, the ornament, the safeguard, not _regis_,
of the King, but _regni_, of the realm. I have not heard one
reasonable and disinterested person object to the main purpose of
this Bill. Of all the witnesses examined before the Committee of the
House of Lords in 1838, no one was so wild as to say that all
purchases from the natives of New Zealand were to be acknowledged; no
one pretended, because the Narraganset Indians sold Connecticut, as
we have been told they did, for a certain number of old coats and
pairs of breeches, or because they sold Rhode Island (as I find they
did), for a pair of spectacles, that therefore Her Majesty is bound
to acknowledge as valid purchases of a similar nature in New Zealand.
The witnesses to whom I have alluded all considered the New
Zealanders as minors, or as wards of Chancery, incapable of managing
their own affairs, and therefore entitled to the same protection as
the law of England affords to persons under similar or analogous
circumstances. To set aside a bargain on the ground of fraud, or of
the incapacity of one of the parties to understand the nature of it,
or his legal inability to execute it, is a proceeding certainly not
unknown to the law of England; nor is it in any way contrary to the
spirit of equity. The injustice would be in confirming any such
bargain; there would indeed be no excuse for Her Majesty's advisers,
if, by the exercise of her prerogative, she were to confirm lands to
persons who pretend to have purchased them at the rate of 400 acres
for a penny; for that is, as near as I can calculate it, the price
paid by Mr.
Public-domain text, read in full here on John Shaqi.
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