THE HAWKE’S BAY TIMES. NAPIER, THURSDAY, FEB. 27, 1862.

Hawke's Bay Times, Volume II, Issue 35, 27 February 1862, Page 2

THE HAWKE’S BAY TIMES. NAPIER, THURSDAY, FEB. 27, 1862.

A considerable degree of misapprehension being well known to exist in the public mind as to the true nature of the much-talked of Treaty of Waitangi, we take this occasion of reprinting it in full in our columns of today, in order to remove any erroneous notion, and for the information of such as wish to be informed what was conceded to the aborigines of these, islands, and what was surrendered by them in the terms of this document. It will be observed that the treaty itself consists of three articles, the first of which yields without reserve the sovereignty of the islands to Her Majesty ; the second guarantees to them the possession of their properties in land, forests, fisheries, &c., &c., with, however, the important limitation that the sole right of purchase of these properties should be vested in the Crown ; the third and concluding article confers on them rhe rights amhprivileges of British subjects. Much has been said and written on the subject of this treaty—in the colony and at home, by Government officials and private individuals ; but if we except the instructions originally furnished to Captain Hobson with the treaty, and certain despatches of Lord Grey to Sir George Grey, Governor of New in 184 G and 1847, all tends but little to the elucidation of the meaning of the terms of the treaty, which, as it happens, is not of itself so very obscure, hut rather bears a favorable comparison with legal documents in general. Thelnstructions and despatches to.which we have alluded, however, Mire of importance, as shewing the sense in which the terms of the treaty were understood by'.its authors, and by the colonial office six years after its execution. It was not supposed of necessity that the claims of the native chiefs extended to the whole of the soil of the island ; hence the insertion of the words “properties, lands, forests, fisheries, &c.,” but that to which thet r could show an equitable claim was guaranteed to them so long as they were disposed to hold it; at the same time the remainder, be it what it might, reverted of necessity to the Crown, But even the right to retain their properties in terms of the treaty was not considered as an absolute ownership, as such of [necessity involve the power to sell to whom they pleased, ivhich the treaty did not grant to them, but by retaining the right of pre-emption practically vested the ownership of the soil in the Crown, as trustee public good and guardian of the native race. The nominal sums' which the Government would be called upon to pay for the extinguishing of the native title, were a mere secondary consideration, as such sums were to be measured by the amount of benefit the natives had previously derived from thejands surrendered to the Crown, and not from the value they were capable of acquiring under the hands of the colonists. We need not remind our readers that this intention on the part of the Government involved no principle of injustice to the aboriginal race, the object of the Crown being the benefit of both races, but especially the protection of the natives from the avarice of private individuals ; for, as is well known, the natives desired to encourage the settlement of Europeans among them, and were only too willing to yield their claim to unoccupied land to almost any private speculator, so that, as remarked by Justice Chapman, “ to let in all purchasers, and to protect and enforce every private purchase, would be virtually to confiscate the lauds of the natives in a very short time. The great mass of the natives would become the victims of an apparently equitable rule ; so true it is, that it is possible to oppress and destroy under a show of justice.” Unhappily, there were not wanting facts to warrant the opinion of the learned justice, very much of the difficulty since experienced by the Laud Office in extinguishing native titles being

owing to the laxity of the local Government in permitting private purchases from the natives after the conclusion of the treaty in the neighbourhood of Auckland. That at the time of Lord Grey’s despatch (1846) the conviction of Sir G. Grey himself of the evil eftects of allowing the native race the right of alienating the soil to all purchasers

was quite as strong as anything ever expressed by us, will be best exemplified in his own.words, as found in a despatch addressed to Mr. Gladstone in June of that year, from which we make the following extract: —

“ The effect of the mode in which the Local Government has allowed land to be purchased of the Natives, lias been in so far as the Native is concerned, to lead him to desert his legitimate occupations, and, instead of looking to his °surplus produce as the means of acquiring European commodities, to resort to the more immediate source of wealth, the sale of land. To effect this, the Native with his friends frequents the vincinity of Europeans for weeks, neglecting his true interests ; tract after tract of land is disposed of to speculators, and, from the facility with wdiich ho acquires European property, the Native is tempted to repeat again and again the operation of improvident sales of large tracts of land, of which probably lie is only part owner, and to which his title is generally doubtful. The habits of indolence thus acquired become inveterate ; and as the Natives are daring and well-armed, undoubtedly the conquest of fresh territory from-other Tribes will ultimately be looked upon by them as the source of further revenue. Already their cupidity has beeu so excited, that in some instances tliev have proceeded to disastrous wars among thcniselves regarding portions of territory to which ad verso claims exist.

ilic prospects of the colony arc becoming irretrievably ruined by this system. All hopes of the gradual improvement of Natives in the arts of industry and civilization, arc being destroyed : the progress of the colony in commerce and wealth is being retarded for years, and a series of disputes arc growing up between the Europeans and Natives, relative to landed property, which it will ultimately be found impossible to'sottlc, except by an enormous expenditure upon the part of Groat Britain, and by the introduction of an overwhelming force into the country ; for when the Natives find that, by their improvident sales of large tracts of country, themselves and their children have been impoverished, there can be no doubf'they will be little disposed to respect the bargains * they have entered into.’’

I lie views expressed so plainly Ly Sir George in flic above extract are, with very slight modilicutions, equally applicable to the state of affairs now. The disastrous results therein described are just what have arisen in cur own vicinity from the neglect of the Government officials in permitting the illegal occupation of native lauds ; and the somewhat difficult task of reconciling the course of policy now pursued by His Excellency, with views and convictions of its evils so plainly and forcibly expressed then, we must leave for others than ourselves to perform. We cannot bring ourselves to suppose that it is his deliberate intention to afiiict the colony and the native race with the disasters lie has described, and which almost of necessity will follow from his present course of policy. Experience has shewn that such lias always been the result of the working of the system of private land dealing with the natives, whether by purchase or leasing, and we think it will he something most oxtraardinary should it load to a different result now. The following is the Treaty of Waitangi : “Her Majesty, Victoria, Queen of (he United Kingdom ol Great Britian and Ireland, regarding with Her royal favor the Native Chiefs and Tribes of New Zealand, and anxious to protect their rights and property and to secure to them the enjoyment of peace and good order lias deemed it necessary in consequence of the great number of Iter Majesty’s subjects who have already settled in New Zealand, and the rapid extension of emigration, both from Europe mid Australia, which is still in progress to constitute and appoint a functionary properly authorized to treat with the Aborigines of New Zealand for the recognition of Her Majesty's sovereign authority over the whole or any part of those Islands. Tier Majesty, therefore, being desirous to establish a settled' form of civil Government, with a view to avert the evil consequences which must result from absence of the necessary laws and institutions, alike to the Native population and to Her subjects has boon graciously pleased to empower and authorize me, William Hobson, a Captain in Her Majesty’s Royal IS avy, Consul and Lieutenant-Governor over such parts of New Zealand ns maybe, or hereafter shall be, coded to her Majesty, to invite the con fed. eratod and independent Chiefs of New Zealand to concur in the following articles and conditions : “Article (ho First.—The Chiefs of the Confederation of the United Tribes of Now Zealand, and the separate and independent Chiefs wise hare not become Members of (ho Confederation code to Her Majesty the Queen of England, absolutely and without reservation, all (lie rights and powers of sovereignty which the said Confederation or individual Chiefs respectively exercise or possess, or may he sup pored (o exercise or possess, over

tjieir respective territories, as the sole Sovereigns thereof. °

Article the Second.—Her Majesty the Queen °* confirms and guarantees to the Chiefs and Tribes of New Zealand, and to tho respective families and individuals, thereof, the full, exclusive and undisturbed possession of their lands and estates, forests, fisheries, and other properties which they may collect ively or individually possess so long as it is their wish and desire to retain the same in their possession. But the Chiefs of tho united Tribes, and the individual Chiefs, yield to Her Majesty the exclusive right of pre-emption over such lands as the proprietors thereof may bo disposed to alienate, at such prices as may bo agreed upon between the respective proprietors and persons appointed by Her Majesty to treat with them on that behalf.

“ Article the Third.—ln consideration thereof, Her Majesty the Queen of England extends Her royal protection, and imparts to them all the rights and privileges of British subjects. (Signed) W. Hobson. “ Now, therefore, we the Chiefs of the Confederation of the United Tribes of New Zealand being assembled in' Congress at Victoria, in Waitangi, and we the separate and independent chiefs of New Zealand claiming authority over the Tribes and territories which are specified after our respective names, having been made fully to understand the provisions of the foregoing Treaty, accept and enter into the same in the full spirit and meaning thereof.

In witness whereof we have attached our signatures or marks at the places and dates respectively specified.

“ Done at Waitangi, this 6th day of February, in the year of our Lord 1810.

“(512 Signatures.”)