TREATY OF WAITANGI. Saturday, June 10, 1843.

Daily Southern Cross, Volume 1, Issue 8, 10 June 1843, Page 2

TREATY OF WAITANGI.

Saturday, June 10, 1843.

Luceo non Uro. " If I have been extinguished, yet there rise A thousand bt aeons from the spark I bore."

Right of the Natives — Impossibility of raising an Emigration Fund under the present system — Colonization of New Zealand must be different from that of any other Colony. In our former article on this "subject we not only endeavoured to show that tho Treaty of Waitangi was founded in error, bad in principle, and legally impossible to bo kept by either of the contracting- parties, but also that neither of the parties ever attempted and perhaps never intended to abide by its conditions. We also in general terms alluded to the unfortunate change produced on the condition and character of the natives by means of the injudicious policy of the local government. Some of our readers may perhaps think we have said quite enough on this subject, and that it -were better to let the nai tives alone, and write about tho many natural advantages of tho country, the beauty of the scenery, the delightfulness of the climate, and numberless other things which would induce'people to emigrate from home, in order to participate these comforts and blessings with us. We feel tho force of all this, and we would much desire that we had nothing else to write about but pictures of beauty, and sketches of happiness and comfort — our labours would then be light and pleasant. But at the present moment we feel that such an occupation would be both a useless wasto of our time and a manifestation of wanton if not culpable indifference to the best interests of our adopted country, together with a cruel insensibility to the wrongs and sufferings of the native populatition. Independent of all these considerations we aro convinced that every sensible man in the Colony must agree with us in the firm j belief that a clear understanding of our position with regard to the natives, — and the restoration of the natives to all their former rights and privileges lie at the root of the present, prospective and permanent prosperity of New Zealand ; but still more we feel

it to bo a duty which we owe to humanity and to our country, and to our country's government, to convey to them all the inI formation we can on this important subject. The longer tho truth is withheld from tho homo government, the longer will the local government be permitted to carry on the present system, and the more difficult will it become for them to retrace their false steps. An improper estimate of the native character has been at the root of all the evils that have been so lavishly inflicted on this country. Ignorance of the native character lias not only dictated the Treaty of Waitangi, but caused it to be broken, and rendered it impossible not to be so — ignorance of the native character has suggested the folly of attempting to deprive the natives of their inherent right of disposing of their lands as they would, and to whom they pleased — ignorance of the native character has created a useless and expensive system of government in this country, unequalled in any other British colony — ignorance of tho native character has caused the Tauranga Massacre and the Manganui war — and ignorance of the native character has entangled this government in every species of embarrassment and perplexity, until they have at length envolved the country with a weight of debt which it will take many years to liquidate. These and a hundred other mischiefs have flowed from this as their prime cause and origin. Wo do not blame tho home government for the Treaty of Waitangi and many of the other injudicious measures which have been ■attempted to bo carried out and acted upon in this colony — they doubtless did not know i that the Natives of New Zealand were any thing different from the human Kangaroos ' of New Holland, the Hottentots of the Capo, ! tho Red Indians of America, or any of the other savages who drag a wandering and a miserable existence in the other British colonies — they were not aware that the New Zoalander was a quiet, peaceable, and highly rational and intellectual being — they did not know that the natives of this country lived under a system of well regulated laws — they were doubtless ignorant of their being even cultivators of the soil or possessors of any fixed and local habitations, at all events they never thought that land was of any valuo to them, or of such value as to render tho ownership of every acre of land in New Zealand a thing as well known and settled as it is in England. But, though the home government may get over the disgrace of having cruelly wronged and injured the poor native of New Zoaland, we cannot deviso any apology by means of which wo can excuse the conduct of the local government ; they had every opportnnity of becoming intimately acquainted with the character of tho natives, and of knowing all the peculiar circumstances attending tho Colonization of this country, and they were in duty bound to make a full, fair, and honest representation to the Homo Government ; they might have easily foreseen the utter absurdity and folly of treating the New Zealauders according to Sir George Gipps' schome of antiquated American barbarity and oppression. A legal sophism might and did satisfy the wiso and learned Councillors of New South Wales, but the Native of New Zealand will not be caught in a law quibblo ; he cares nothing about the opinions of American writers on the Law of Nations, but he knows his own rights, and he will protect them to the last, oppose who may or can. Wo would now, for tho information of the home Government, proceed to show the impossibility of dealing with the natives much longer on tho present plan, and tho hopeI lessness of expecting to carry on tho government or any scheme of emigration by mean's of a revenue raised from lands bought from the natives. There are many great and nnsurmountable obstacles in the way of applying the modern or the Wakefield system of Colonization to New Zealand. The first is, that the government shall not be enabled to sell land even at one pound per acre, after paying the purchase money to the natives and defraying tho expense of survey. The survey alono, taking tOAvn, suburban and country lands at the same price, will, and has (under Mr. Ligar, the present surveyor general,) cost about a pound per aero ; — if this bo true (and we shall at a future period prove its truth,) the survey alone would devour the whole sum realised from tho sale of crown lands ; — but if the survey were not so expensive, the native will and does ask very nearly as much for his land as the government can sell it at ; we speak of lands in the neighbourhood of Auckland, where the natives are fully aware of the prices for which the government sell to Europeans the lands bought from them. — The government might at first have obtained these lands " at a reasonable rate, but the time for so doing has fairly gone by We believe for a fact, that land within three miles cf the town, at Mount Hobson, was some time ago offered to and refused by government for one third of the money which the natives have actu-

ally realized from the sale of the timber outer, 5 this land for fire-wood to the towns people^ be 9 the land remaining in their possession still, und 1 £ The very best lands in the vicinity o)d all a Auckland, and the only lands for which 56a lii Ij pound per aero could be expected to bo given tlj,e Is are still, and will remain in the hands of thevile Jg natives. That the government should havfr>eci£ffl| neglected to purchase these lands while an]l hi|»| when they could, is only of a piece with tlipjm ]Jra rest of their proceedings. In the interior 0? P°gff the country it may still be possible, at th# st *«B distance of two or three hundred miles fron^e, flg Auckland, to buy lands at a cheap rate, but*! fy§9| who would purchase such lands at a pouii4gh^g| per acre, or at any price, to be compelled tc^ «| .settle upon them. The natives are too acufeVeiWH to give away bargains of any thing the]? 113 ™® possess, they know our prices, and they cafflW'HJig cast up the value of land or any other pro^ljjHg pcrty as well as Europeans can do. f^w»f But let us suppose still further, that th y - *flf survey shall not be so expensive as we havP v^^S stated, and that lands may be bought l]U B *sfi| government from the natives at a rcasonabl' eix^^ and cheap rate, and we still maintain tt e < u li|| no revenue of any consequence can be rais6;d or f||| from the sale of Crown lands. It must I *ke?||| remembered that the government are n/ en tj|ij| the only owners of land in New Zealand r *lif Besides the government and the native. t M^ there is another party in the land markef th ii§j we mean the unfortunate land claimants, c original settlors, who are now at last, recoir . 01 J|| ing some portions of their lands. "Whic^J 6^ §| portions they will be compelled from tf^' lp poverty and distress in which the tedioi Yf |§| and unjust measures of the government hai "*i ||| involved them, to dispose of at any prio e V} { Their lands aro as good, if not better tha Dri f ||§ those of the government ; and if so, would buy from the latter at a pound pi 1 acre, if they could obtain better land W: 5*M original settlers for five shillings ? and we af is convinced that many of tho claimants w >ver^pl bo glad to dispose of their lands at this pri&' se » or oven less. 1 •*£! For arguments sake let us make tl s 1 2|1 most favourable case possible for the goven^ ysm merit, and take for granted that the surve', sue Is 1 shall not bo expensive ; that the natives m T°Wi sell their lands at a reasonable rate, af - £$, that the unfortunate land claimants will n" r : no .4i| become competitors in the land mark jki°.Kg against the government, (even although M 1M 1 / Clendon has successfully done so already '.IP jiff the vicinity of Auckland) and we will st v"|p maintain that no revenue shall arise ivtiJP* ■•$ the sale of Crown lands at a pound per ac:?^-. , ||| upon the following grounds :—: — r ° J&* In every country there are two ways "We §fi obtaining land ; tho first is by purcha.y s tem||j the other by lease ; the object is the saHdapte|| in either caso that of obtaining a fair i^ ew zj|| terest for the money invested. If the prof ,J| are equal, men will doubtlessly prefer pi i|| chasing the land to leasing it. The one' R I B^j at least at home, doomed more respectaV >& but in a new colony, where tho object is t ||i make money ; no silly sacrifice will be ma> < ( Wk for rnero respectability ; that plan will numlp adopted by which tho largest amount f the Jidda profit will be realised. Wo can easily cOou.rho'<M vinco tho settler that he can obtain lacfood'S _i good for every purpose, without payingdoptiqgsingle sixponce to government for its pius to>he chase. There are two very safe and earessive \ methods of doing this, the first is by leasbwardsf lj land from the natives, which is neitl On Sm contrary to the treaty of Waitangi, norpiy Mr/;^ hibited by any law of the colony or t r as caj|e< mother country. It is true that the nati Ml 1 , fjjjp may not sell land, but he is allowed to Icaomplil afc Tho other plan, and that which would sijquisi 1 pi best, is to graze sheep, cattle or horsftr the m upon the lands of the natives, upon the ■wunity k! understood plan of giving the native imiabL Si interest in the produce of the stock feparti«| taking caro of them, and allowing themiat thß| depasture on his land, arranging with fading SB I native at the same time, to have the rig'wild i 9 ( of cultivating certain portions of his laifferingH This is not only a perfectly legal proceedirtood hflj but is a hig-lily practical, most judicioiiat M«B and profitable plan, by means of which tobinit B settler will at a very small cost, obtain i Mr. |§ the advantages derived from land, withormed ra uselessly throwing away money in the pieen cj|| chase, or putting a shilling into the cofiiffording| of the Treasury. We might add a thini&ty ofij and equally legal plan, that of entering iridov 6m a bona fide partnership with a native foia the ejij , series of years. The native, advancing tod. fp lands as his share of the capital, and tusinesSr^ settlor his cattle, farming implements, sp olo g||| skill. The settler to be the manager, ane prpgf to guarantee, and pay to tho native a ffrure tbM| \ yearly sum, as his share of the profits arisiie, t^g I from such partnership. r ° a^j|| What wise man would not prefer eitl C^^ lof these plans to that of settling down uPp U fi l|ll a miserable 100 acre farm, for which he i e f|g| j paid a pound per acre, and which wotp^^ggj require four or fivo times that amount'" ° SBj bring it into cultivation ? n^sll iS Such then, are the means by which t 'JeatSH famous and fatal treaty of Waitangi nl fcf6n<y «8 Ibe defeated, and is being rendered a (If °fa

mber oJ Upioplel on^still.l which M >c given! ds of thl ild havfl hile amll iterior on ), at t\\M pelled til boo acutS her prol that thH ■we havl asonablS tain thJfl be raisefl mustlflj are nil natives markei9 nants, J| t, receiiS Whicffl rom tlra i tedioifij tent liaiß lis pricl| Lgovenw c surojfl tives ™J marM ireadyH will sfl i waygjH mrchas9 he saijH he pro™ jfer pJB he' onen pectabjH cct isH bemafl wunt 9 Lin lan •ayingjffl norpfl itive fl theniH >tain'H with™ ringifl ive foH ,ger, s9 is ariw >r eiiffl wn uffl h hefl aounw dadj

Wr, and if the. Home Governi^nt Wbe convinced that 'they arejifi^ionor Xl to restore to the native of ■all his own j^nger rights.; or to^std^ I him, in accoreptn.ee with the last ajticle Be treaty, of. Waitangi, the rights^and ■eges of. British subjects; but more Kially the right of disposing of his own, Bus father's lands, as he will. We tell ■ plainly, that the native,' if he has not Bower to maintain forcibly his rights, ■till the inginuity, skill, and perseyerB to render all their schemes abortive, Bo make the treaty of Waitangi, as it Kfc to be, a' mere record of the incapacity ■ignorance of tfios^" who but fm succeeded,., tjveri^ in. procuring the Htures of a third of the real Chiefs of KZealand to it. tfTlie natives of New Kid care justJ^touM ab'ofct the treaty Bfc-itangi, as'theyl^xOTtoutthatof China. Khordand him&m \ could tellrthe Home ■rnment howit^al T^e^bbeyed by the X of Maketu i'&v his^.iritercourse with ■ on the whale boatexp edition. He knows wiswers they returned by his own ambasKs to them ; he is also doubtless aware Bb answer given by Taria, (a chief within Rty miles of Auckland) to a letter sent Kn by the late Governor, on the occasion wk Tauranga massacre. He must also Sis time be able to form a correct idea me manner in which Noble (with whom mrnerly so successfuly treated ®n this ct) and the other Manganui chiefs have ved this treaty. 3 must defer the further consideration :s subject to a future occasion, and for resent conclude by submitting a quesn connexion with the treaty of Waito the consideration of our legal friends me and in the colony. It is founded c supposition that the natives are by I*-eaty, and by the measures of this ment made British subjects. In that re should like to know if this gbvernsill insist upon disinheriting all the mate native children, and prefer its laim to the lands that should descend l persons had they been born in lawidlock, for be it remembered that all the marriages which have taken among the natives of New Zealand this period, are by English law illegal, 3 offspringbf such marriages are legally lined from inheriting any landed proIf they impose the right of pre11, why not prefer this other most ight, by the exercise of which they in time obtain nearly all the lands in lealand ? shall in an early number treat of the of colonization, which we deem best d to the peculiar circumstances of 'ealand.