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)
"Captain-General and Governor-in-Chief in and over the territory of
New South Wales and its dependencies." This territory was described in
the commission as "Extending from Cape York, latitude 11° 37´ south,
to the South Cape, latitude 43° 30´ south, and inland to the westward
as far as 135° east longitude, comprehending all the Islands adjacent
in the Pacific Ocean, within the latitudes of the above-named capes."
This is the Act by which the Crown first assumed the Government of
New South Wales and the other barbarous lands of which Captain Cook
had taken possession in the name of the King. The Islands of New
Zealand are as clearly within the prescribed limits as Norfolk Island,
Van Dieman's Land, or even New South Wales itself. On November 9,
1814, the Governor and Captain-General of New South Wales and its
dependencies, acting on the representation of the Crown, by public
proclamation, declared New Zealand to be a Dependency of his
Government, and by regular commission of _dedimus potestatem_
appointed Justices of the Peace to act there. Some of the Magistrates
so appointed were aboriginal natives of the country. It is plain that
they were treated as British subjects. In 1819 again Governor
Macquarrie appointed an English Magistrate in New Zealand. This
Justice of the Peace exercised the authority so bestowed on him by
apprehending offenders and sending them for trial to the seat of
Government. In 1823 a British Act of Parliament (4 George IV. cap. 96)
extended the jurisdiction of the Courts of New South Wales to New
Zealand by name, and also to other places in the Southern Pacific not
within the latitudes previously mentioned. Under this authority
several persons, we understand, have been tried in New South Wales for
offences committed in New Zealand, and we have been informed that
property in New Zealand, as well real as personal, has been made the
subject of the Bankruptcy law of New South Wales. The authority of the
British Crown was frequently enforced by means of ships of war, and
although it cannot be asserted that regular government was ever
established in New Zealand, far more than was essential to creating
British dependency seems to have been performed. The Islands thus
continued in a state of dependency until the year 1831, when a series
of proceedings commenced by which the sovereignty of Britain may
perhaps have been forfeited. An officer was appointed to reside at the
Bay of Islands. He presented to certain native chiefs, as from the
Crown of England, what was termed "a national flag." This might have
been considered a transfer to these chiefs of the British
sovereignty, if the Resident had not been 'accredited' to certain
officers of the Church Missionary Society, then settled at the Bay of
Islands. By the latter act the sovereignty of the Islands would almost
seem to have been transferred to these Missionaries. But in October
1835 this diplomatic agent assembled certain native chiefs residing in
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account