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)
Defeated in Parliament, the Company's next proceeding was almost
humorous in its hysteria. They procured an opinion from Mr. William
Burge, in which that gentleman averred, on his reputation as a lawyer,
that the British occupation of New Zealand was from the beginning
unlawful, and based upon no sound constitutional foundation. This
remarkable document they transmitted to Lord Stanley on July 7, in the
hope that he would be so awed by it as to cause him to considerably
modify the instructions which they were convinced he would, in his
normal frame of mind, most certainly tender to Captain Grey, whom he
had selected to succeed Governor Fitzroy. Lord Stanley was made of
different stuff. He suffered no particular trepidation from Mr.
Burge's startling discovery, but merely sent his opinion on to Fitzroy
Kelly, Attorney-General, Sir Frederick Thesiger, Solicitor-General,
and to Sir Thomas Wilde, who had been the Attorney-General in Lord
Melbourne's Cabinet when Captain Hobson was sent out to negotiate the
Treaty of Waitangi. These gentlemen averred with equal confidence that
neither the reasons advanced by Mr. Burge, nor any other considerations
which had occurred to them, furnished them with any well-founded doubt
upon the question of Britain's sovereignty in New Zealand.
Reinforced by the opinion of this eminent trio, Lord Stanley sent a
copy to the new Governor, telling him to be guided by it in his
conduct, at the same time instructing him that if the Company
attempted to make capital in the colony out of Mr. Burge's
pronouncement, he was to counter the move by giving equal publicity to
the joint opinion of the three legal advisers of the Crown.
When Captain Grey reached New Zealand on November 14, he found the
country seething with discontent. The European population now numbered
approximately 12,000, scattered over widely separated settlements, the
natives probably numbered not less than 110,000, many of whom were in
open revolt under Heke and Kawiti; many more were holding their
allegiance in the balance.
The mischievous resolutions passed by the Select Committee of the
House of Commons in the previous year had ere this percolated to the
colony, and fired the doubts of the natives as to the sincerity of the
Crown. Governor Fitzroy had used his best endeavours to reassure them,
and in offering terms of peace to Heke he made it the first stipulation
that the covenants of the Treaty of Waitangi should be binding upon
both parties. To these advances Heke had sullenly refused to reply.
With the rebels unyielding, obviously Grey's first duty was to
ascertain where he stood with the friendlies and the neutrals. For
this purpose he summoned a meeting at the Bay of Islands, and amidst
the ruins of the wrecked town of Kororareka he delivered to the
assembled chiefs one of his characteristic addresses, in which, after
warning the people against treacherously assisting the rebels, he said:
Public-domain text, read in full here on John Shaqi.
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