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)
waived in the Bill; we suppose the New Zealanders and not Great
Britain to be in possession of the right of sovereignty, and we
propose accordingly that a purchase should be made of the sovereignty
as well as the fee simple of the land. We have some precedents for
this. I do not know whether it is of consequence to bring forward
precedents, but even at a late period a purchase of this kind has been
made; Sir Stafford Canning took possession in 1815 of Singapore; it
was at that time in possession of the Malays, the subjects of the
Sultan of Jahore. In 1825 he found, I think, some inconvenience
arising from the Sultan's claims, and the English bought the Domain of
the Sultan for a sum of money, and so clear was the understanding
about it, that the Sultan made some reservations; some exceptional
laws, as they are called in this Bill, were made. There was a clause
that the Sultan's slaves should not be emancipated, and certain lands
were reserved and became entailed property and inalienable. When Penn
purchased Pennsylvania he no doubt understood he purchased the
sovereignty as well as the fee simple of the land, for I can conceive
no one mad enough to found a colony in the midst of barbarians without
securing the colonists against their interference as sovereigns.
Vattel certainly speaks of Penn's treaty as if he understood him to
have purchased the sovereign rights as well as the fee simple. These
are precedents which may not be considered as carrying any great
authority. The question has not been very much discussed; it has been
taken for granted, and I think with reason, that the savage is in a
state of pupilage, and must be treated as we treat children. The only
principle which it is important to maintain is this: If you go into a
country at all inhabited by savages and take possession of their land
and become sovereigns of it, you infringe their rights if you do not
consider their benefit as well as your own. If you were treating with
a child you would not infringe the rights of that child simply by
acting and deciding for him, but you would infringe his rights if you
acted and decided for your benefit and not his. So with respect to
savages; they are compared with civilised men, like children. They are
of themselves incapable of acquiring the arts and habits of civilised
life; unless some interference that amongst civilised men would be
considered unjust, takes place, they never can, by themselves, rise to
that higher condition. The injustice to be deprecated is that of
seeking our own benefit solely and not theirs; and with respect to the
New Zealanders our purchase of the sovereignty of their country ought
not to be represented as being the same kind of bargain as if the
French, for instance, were bargained with to cede the sovereignty over
any portion of their territory. When the French ceded their sovereign
rights over Martinique, Guadaloupe, and the Mauritius, they strictly
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