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)
In the previous year (1836) Mr. Busby had made a somewhat similar
suggestion, founded upon the principle sanctioned by the Treaty of
Paris in the case of Great Britain and the Ionian Isles, and also
applied in various instances on Britain's Indian frontier. That
principle recognised "a protecting state administering in chief the
affairs of another State in trust for the inhabitants," and this
condition he claimed could be, with but slight modification, applied
to New Zealand both economically and efficiently. Mr. Busby was by no
means of the opinion, afterwards so contemptuously expressed by Sir
George Gipps, that the native Declaration of Independence was "a paper
pellet fired off at Baron de Thierry." On the contrary, he attached
considerable importance to it, proposing to make it the authority on
which the chiefs were entitled to enter into diplomatic relations with
Great Britain for the cession of their administrative rights.
"The chiefs who were parties to the articles of Confederation, and to
the Declaration of Independence," he wrote, "together with those who
subsequently adhered to it, include, with very few exceptions, the
whole of the chiefs of influence in the northern parts of the Islands,
and the adhesion of the remainder could at any time be procured.
Whatever acts approaching to acts of sovereignty or government have
been exercised in the country, have been exercised by these chiefs in
their individual capacity, as relates to their own people, and in
their collective capacity as relates to their negotiations with the
British Government, the only Government with which the chiefs or
people of New Zealand have had any relations of a diplomatic
character. The articles of Confederation having centralised the powers
of sovereignty both _de jure_ and _de facto_ by the several
chiefs, and having established and declared the basis of a
constitution of government founded upon the union of those powers, I
cannot, I think, greatly err in assuming that the congress of chiefs,
the depositing of the powers of the State, as declared by its
constitution, is competent to become a party to a treaty with a
foreign power, and to avail itself of foreign assistance in reducing
the country under its authority to order, and this principle being
once admitted all difficulty appears to me to vanish."
Public-domain text, read in full here on John Shaqi.
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