Lapas attēli
PDF
ePub

TREATY OF WAITANGI.

Her Majesty Victoria, etc., has been graciously pleased to empower me William Hobson, a captain in the royal navy, consul and lieutenant-governor over such parts of New Zealand as may be or hereafter shall be ceded to Her Majesty, to invite the confederated and independent chiefs of New Zealand to concur in the following articles and conditions:

ART. 1. The chiefs of the Confederation of the United Tribes of New Zealand, and the separate and independent chiefs who have not become members of the confederation, cede to Her Majesty the Queen of England, absolutely and without reservation, all the rights and powers of sovereignty which the said confederation of independent chiefs respectfully exercise or possess over their respective territories as the sole sovereigns thereof.

ART. 2. Her Majesty the Queen of England confirms and guarantees to the chiefs and tribes of New Zealand, and to the respective families and individuals thereof, the full, exclusive, and undisturbed possession of their lands and estates, forests, fisheries, and other properties which they may collectively or individually possess, so long as it is their wish and desire to retain the same in their possession. But the chiefs of the United Tribes, and the individual chiefs, yield to Her Majesty the exclusive right of preemption over such lands as the proprietors thereof may be disposed to alienate, at such prices as may be agreed upon between the respective proprietors and persons appointed by Her Majesty to treat with them in that behalf.

ART. 3. In consideration thereof Her Majesty the Queen of England extends to the natives of New Zealand her royal protection, and imparts to them all the rights and privileges of British subjects.

W. HOBSON.

Now, therefore, we, the chiefs of the confederation of the United Tribes of New Zealand, being assembled in congress at "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 1840.

LETTER FROM WILLIAM WEBSTER TO J. H. WILLIAMS, ESQ., CONSUL FOR THE UNITED STATES AT SYDNEY, NEW SOUTH WALES.

COROMANDEL HARBOR, RIVER THAMES,

New Zealand, November 4, 1840.

SIR: On my arrival in the Bay of Islands, in March, 1835, I was informed that these islands had been acknowledged by all European and American powers to be a free and independent country. Finding it a fine country and healthy climate, it induced me to proceed to the River Thames, where I have been busily employed in purchasing and improving the lands, as well as civilizing the natives. No doubt you are aware that the British Government have taken possession of some parts of these islands, and have issued proclamations and other notifications that all titles to land acquired from the native chiefs are to be sent to the colonial secretary's office at Sidney to be examined. I suppose they intend to allow whatever portion of land they may think proper. I beg to call your attention to know what all Americans in this island are to do with the large quantity of land they have purchased.

No doubt you are aware that a great part of the oil taken by American ships is caught on this coast, and I can safely say that there are ten American ships come into these ports to recruit to one ship of any other nation. I beg to acquaint you of the valuable lands I have purchased from independent chiefs of this place, and beg you will make it known to the American Government as early as possible. The land purchased by me and the amount paid for it is as follows:

Schedule of various lands purchased.

Paid for Barrier Island, in March, 1837, and the title deeds, signed by thirty-six independent chiefs, giving up all right and title to the same; cash and merchandise

Paid for part of the island of Waiheke, in 1836..

Paid for land at Coromandel Harbor, in 1836.

£1,200 0 0 558 0 0

[blocks in formation]

Amount expended in building and other improvements from 1835 to 1840...

Equal to about $78,145.

1,000 0 0

944 0 0

490 0 0

250 0 0

280 0 0

450 0 0

1,375 0 0

9, 060 0 0

15, 672 0 0

Inclosed is a sketch of the Frith of Thames, and you will see the land marked out that I have purchased. I wish to inform you that the Barrier Island is a most excellent port for whaling ships to put in to recruit; there is plenty of good wood and water and provisions, and it is an excellent harbor, as you may see by the inclosed map. If the American Government should think of having a port in this country for their ships, there can not be a better-adapted place. The island is about 20 miles long and about 5 miles broad; it was purchased by me in March, 1837, and the title deed signed by thirty-six of the principal chiefs of this place. I have another, called the Mercury Island, which contains about 16,000 acres, which you will see marked on the map, with the many other places I have purchased. I beg you will point out to the American Government what an advantage it would be to them to take possession of the Barrier Island, where they could have a fine, safe port for their ships in case of war, and a very small expense would build a battery that would protect their ships in harbor. I will willingly give it up to the American Government for a very small sum rather than the English Government should have anything to do with it. You will see by the copy of the title of the deeds that I have expended equal to $78,145, for which I have bought about 500,000 acres of land, and to the best of my knowledge there has been about 1,000,000 of acres purchased in these islands by citizens of the United States, and for which they have expended about £50,000 sterling, besides several years' labor, and running great risks where the natives were not civilized. They (the British Government) have already put me to a loss of £6,000 sterling by their acts. They have not taken any of my lands as yet, but I expect they will take all from me and every other American, unless our Government will take it in hand and stop it. I trust you will makethis known to the United States Government as early as possible, so that all Americans may know how to act in this case.

[blocks in formation]

SIR: I have sent seven copies of titles to land, and seven statements of purchases, which I beg you will lay before the commissioners for examination only. I have sent all my claims to land in this country before the United States Government, by the advice of the American consul of Sydney, and I trust his excellency, Governor Hobson, will not suffer any of my lands to be interfered with until the question is settled. I have been a resident in New Zealand for seven years, and have expended a large sum of money, and undergone a great deal of

CLAIM OF WILLIAM WEBSTER.

trouble and hardships. I am willing to come forward and prove all of my pur
chases, but I trust I shall be allowed time to do it, for I am very busy now with
shipping, and am under heavy penalties for the fulfillment of my agreements,
and I find it will take a long time to get all the natives and witnesses to my pur-
chases of land together, and the expense will be very great. I find myself al-
ready at a great loss, and it appears to me I am to be put to much more, and I
don't know who to look to for it. I trust when my claims or purchases to lands
(in this country) are examined that they will prove to be well understood by
those I bought it from. All of it was bought before Her Majesty's Government
was formed here; and I further consider that all I have has been dearly earned,
and I trust that before I am dispossessed of any of it, it will be proved who has
the best right to it. Hoping that I have not made any unjust remarks,
I have the honor to be, your most obedient servant,
TO COLONIAL SECRETARY.

WILLIAM WEBSTER.

PROCLAMATION VESTING LANDS IN BRITISH CROWN.

COLONIAL SECRETARY'S OFFICE,
Auckland, October 30, 1841.

Whereas all lands purchased from the natives in the islands of New Zealand have become vested in and are now the property of the Crown.

And whereas by an act of the Imperial Parliament, passed in the reign of his late Majesty King George the Fourth, it is enacted "that if any person shall steal, or shall cut, break, root up, or otherwise destroy and damage, with intent to steal the whole or any part of any tree, sapling, or underwood, of a certain value, shall be guilty of felony, and shall be liable, on conviction, to the punishment of transportation."

And whereas serious depredations have been committed in the kouri forests of New Zealand.

And whereas Her Majesty has been pleased to direct that effectual means should be taken for the preservation of kouri pine for the use of the British navy:

Now, his excellency, the governor, directs it to be notified, that all persons found stealing, cutting, or destroying kouri pine, with intent to steal the same, within the colony of New Zealand, will be prosecuted with the utmost rigor of the law.

Now, it is hereby also notified, that a reward of £5 (five pounds) will be given to any person who will give such information as shall lead to the conviction of any person so offending.

By his excellency's command.

WILLOUGHBY SHORTLAND.

EXTRACT OF LETTER FROM THE MARQUIS OF NORMANBY TO CAPTAIN HOB-
SON, R. N.

DOWNING STREET, August 14, 1839.

SIR: You appointment to the office of Her Majesty's consul at New Zealand having been signified to you by Viscount Palmerston, and his lordship having conveyed to you the usual instructions for your guidance in that character, it remains for me to address you upon the subject of the duties which you will be called to discharge in a separate capacity and under my own official superintendence. * * I have already stated that we acknowledge New Zealand as a sovereign and independent state.

*

*

*

*

*

*

*

*

It is almost superfluous to say that in selecting you for the discharge of this duty I have been guided by a firm reliance in your uprightness and plain dealing; you will, therefore, frankly and unreservedly explain to the natives, or their chiefs, the reasons which should urge them to acquiesce in the proposals you will make to them; especially you will point out to them the dangers to which they may be exposed by the residence amongst them of settlers amenable

to no laws or tribunals of their own, and the impossibility of Her Majesty extending to them any effectual protection unless the Queen be acknowledged as the sovereign of their country.

[blocks in formation]

* * *

It is not, however, to the mere recognition of the sovereign authority of the Queen that your endeavors are to be confined, or your negotiations directed. It is further necessary that the chiefs should be induced, if possible, to contract with you as representing Her Majesty. Henceforward no lands shall be ceded, either gratuitously or otherwise, except to the Crown of Great Britain. You will, therefore, immediately on your arrival, announce by a proclamation addressed to all the Queen's subjects in New Zealand that Her Majesty will not acknowledge as valid any titles to land which either has been, or shall hereafter be, acquired in that country which is not either derived from, or confirmed by, a grant to be made in Her Majesty's name and on her behalf.

[blocks in formation]

Extensive acquisitions of such lands have undoubtedly already been obtained, and it is probable that before your arrival a great addition will have been made to them. The embarrassments occasioned by such claims will demand your earliest and most careful attention. The propriety of immediately subjecting to a small annual tax on all uncleared lands within the British settlements of New Zealand will also engage the immediate attention of the governor and council of New South Wales. The forfeiture of all lands in respect of which the tax shall remain for a certain period in arrear would probably before long restore to the demesne of the Crown so much of the waste lands as may be held unprofitably to themselves and to the public by the actual claimants. Having by these methods obviated the dangers of the acquisition of large tracts of country by mere land-jobbers.

[blocks in formation]

* *

*

I have thus attempted to touch upon all the topics on which it seems necessary to address you on your departure from this country. * Reposing the utmost confidence in your judgment, experience, and zeal for Her Majesty's service, and aware how powerful a coadjutor and how able a guide you will have in Sir G. Gipps, I willingly leave for consultation between you many subjects on which I feel my own incompetency, at this distance from the scene of action to form an opinion.

I have, etc.

Captain HOBSON, R. N.

NORMANBY.

CONSUL WILLIAMS TO SECRETARY OF STATE.

CONSULATE OF THE UNITED STATES,

Sydney, New South Wales, February 23, 1841.

SIR: I have the honor to inclose for your perusal the copy of letter addressed to me by William Webster, a citizen of the United States, residing at New Zealand, from which you will learn better than by anything I could say the magnitude of American interest at those islands. You will also find herewith the plan referred to in Mr. Webster's letter.

I have the honor to be, sir, your obedient servant,

To the Hon. JOHN FORSYTH,

Secretary of State, at Washington.

J. H. WILLIAMS.

CORRESPONDENCE DIPLOMATIC.

[Extract.]

Mr. Everett to Lord Aberdeen.

The undersigned, envoy extraordinary and minister plenipotentiary of the United States of America, has been instructed by his Government to invite the attention of the Earl of Aberdeen, Her Majesty's principal secretary of state for

CLAIM OF WILLIAM WEBSTER.

foreign affairs, to the complaints of several American citizens established on the islands of New Zealand, or concerned in trade in that quarter.

***

* *

The complaints * * * of the sovereignty of Her Majesty over the islands of New Zealand, appear to be twofold: one, that after the assertion regulations and restrictions were established injurious to the interests of citizens of the United States settled in business on these islands, prior to this date (January, 1840), and particularly in vacating all purchases of lands previously made of the native chiefs, except so far as the said lands had been paid for at the rate of five shillings per acre.

In the questions which might arise in reference to the assertion of sovereignty by Her Majesty's Government over New Zealand, the United States have not felt themselves called to take any part. They entertain no desire to make acquisitions of territory themselves in those remote regions, nor to interfere with those of other Governments. But it is at once their right and their duty to protest against any measures by which injury is inflicted on those interests of their own citizens which had grown up in the prosecution of a commerce open to all nations. Whatever rights could be acquired to England by the assertion of sovereignty over the islands of New Zealand must be, of course, qualified by any preexisting rights of other civilized nations. Although the law of nations has not, perhaps, as yet defined with exactness the extent of the rights which individuals from foreign civilized nations are capable of acquiring in uncivilized, independent countries, with the consent of their chiefs, it is well established that these rights are entitled to great consideration on the part of any civilized Government which may subsequently possess itself of the sovereignty of such countries.

It appears to the undersigned that a regulation vacating at one blow all purchases of land made by citizens of the United States from the independent chieftains of New Zealand for a less consideration than five shillings sterling per acre would be unreasonable and oppressive.

The undersigned apprehends that a cession of land made by those chieftains to a citizen of the United States resorting to these islands for the pursuit of the whale fishery, or any other lawful purpose, even without any pecuniary consideration, would be fully entitled to respect. It might be made from good will on the part of the natives, and from a desire to encourage the resort of industrious strangers. It might be made on the condition of establishing and keeping up a factory or a shop; and such considerations would be reasonable.

As a limit of purchase money, five shillings sterling per acre seems to the undersigned greatly too high, and far above any pecuniary value which the lands could possibly bear to those who sold them at the time of the purchase.

Lord Aberdeen will observe that the undersigned makes these remarks wholly in reference to American citizens lawfully resorting to the islands of New Zealand in their independent state; and inviting his lordship's attention to the subject, the undersigned is confident that if it should appear that regulations have been established by the colonial authorities, bearing with undue hardship on the equitable interests acquired by American citizens before the assertion of Her Majesty's sovereignty, proper measures of redress and remedy will be directed to be taken.

*

*

*

*

The undersigned submits these statements to Lord Aberdeen with the greater confidence, from the conviction that the principles assumed by the United States on this occasion are those which have been, and in any parallel case would ever be, strenuously asserted by the Government of Her Majesty. Neither the United States nor any other power, if so disposed, would be permitted, without opposition by England, in establishing an exclusive sovereignty over previously independent islands in the Pacific Ocean, to proceed at pleasure to vacate purchases of land made by British subjects, or to interfere with other interest existing before such assertion of sovereignty was made.

In announcing the expection that the benefit of these principles will be fully extended by Her Majesty's Government to the interests of American citizens in New Zealand, the undersigned would observe that nothing is desired by the President inconsistent with the best interests of England or her subjects. It would seem for their undoubted advantage to encourage the resort of industrious foreigners to those remote British possessions.

*

*

*

*

*

The undersigned relies on the Earl of Aberdeen's effectual interposition, should it appear that injustice has been done to citizens of the United States in the manner complained of.

DECEMBER 26, 1843.

EDWARD EVERETT.

« iepriekšējāTurpināt »