THE RACE FOR NEW ZEALAND

Otago Daily Times, Issue 23081, 6 January 1937, Page 11

THE RACE FOR NEW ZEALAND

TO THE EDITOR Sir,—l have no wish to prolong the discussion on this interesting subject, but I must crave your indulgence for permission to make my final appearance before this correspondence is closed. I agree with Mr Ross that lack of space prevents fuller details of the questions involved. With him I have to praise the generous manner in which the Otago Daily Times has ppened its columns to articles of historical interest. One of my prized possessions is the booklet entitled “Maori Nomenclature,” by W. H. Sherwood Roberts, of Oamaru, reprinted from the Otago Daily Times in 1912. It is a mine of interesting information and contains an account of the hoisting of the British flag*on Green Point, Akaroa taken from the diary of Mr C. R. Robinson, supported by the statement of Mr Jimmy Robinson Clough, the whaler, who acted as his Majesty’s interpreter. I read with interest the article or review by Mr Ross and was prompted to join in the controversy solely on account of his reply to Mr. Wright, in which he carefully distinguished between the effect of hoisting a national flag and the proclamation of sovereignty over new territory. In ms article Mr Ross referred to the cruise of H.M.S. Herald and stated that June 17. 1840. had seen the British flag hoisted in Cloudy Bay. He made no reference to the national importance of the fact that, there and then. Major Bunbury and Captain Nias, H.N., actually proclaimed, with due ceremony the sovereignty over the South Island, which the Native chiefs had ceded to Queen Victoria. The effect of this proclamation may be seen from the statement of M. Guizot, the French Foreign Minister, expressed in the Chamber of Deputies _ in 1844 and referred to in my previous letter. , , . I regret that I see no reason stated in his letter in to-day’s Daily Junes why I should agree with Mr Ross that, by a proclamation by Lieutenant-Gov-ernor Hobson on May 21. 1840, the South Island became a British possession. It must be remembered that Hobson had definite instructions as to the North Island, and that only if it was found to be impracticable to secure a treaty with the South Island Natives was he to assert sovereign rights over the island on the grounds of discovery. The Year Book for 1936 states that on May 21, 1840, Hobson proclaimed British sovereignty in the case of the South Island and Stewart Island by right of discovery, and that, on the treaty being signed in the South Island,_ formal proclamation of British sovereignty over that 'island in accordance with the consent of the Maoris was made at Cloudy Bay on June 17, 1840. by Major Bunbury. Hobson himself was the first to raise the question of the different set of circumstances surrounding the North and South Islands. After the first batch of signatures to the Treaty of Waitangi had been obtained, Hobson became seriously ill and was unable to carry out his intention to proceed to the South Island to obtain the consent of the chiefs there to the treaty. He commissioned Major Bunbury to visit the South Island to obtain the signatures with instructions that if the mission was successful ho was to proclaim British sovereignty over the territory. Bunbury sailed at the end of April, 1840. His' mission was so successful that he proclaimed the cession of sovereignty at the Houia-kapa Pa, Cloudy Bay. In the meantime Hobson had issued a Proclamation without knowing whether or not the required consent had been obtained. ~ , _ . . _, , I do not claim that Captain Cook discovered New Zealand. It cannot be argued otherwise than that by virtue of his proclamation of sovereignty at Queen Charlotte’s Sound the South Island became a possession of the British Crown. (The apostrophe s was used by Cook.) His act of appropriation was a State Act performed in pursuance of the terms of his secret orders and so recognised by the Crown until 1819. Through the influence of the Church Missionary Society and for political, commercial, and other reasons the British Government refused assistance io schemes to colonise New Zealand In 1828 an Act was passed specifically denying that New Zealand was subject to his Majesty the King and the independence of New Zealand was solemnly affirmed as late as March, 1840.

Such Acts and affirmations of independence prevented recognition being accorded to the general proclamation of May, 1840, and were invoked by France to substantiate the claim to parts of the South Island. This claim was relinquished and the French finally accorded full recognition of the British sovereignty on account of the British proclamation read at Cloudy Bay. In a spirited letter addressed to Mr A. D. M’Leod, Minister of Lands, in 1926, in connection with the purchase of the land surrounding the Britomart Memorial at Akaroa, Mr T. Lindsay Buick asserted that the actual sovereignty was declared, as stated, at Cloudy Bay, and that from the date of such proclamation on June 17, 1840, the question was settled and put beyond the region of doubt. For the information of interested readers unable to delve into the shelves of a library I would recommend a perusal of “ The Constitutional History and Law of New Zealand,” written by Drs Eight and Bamford, and published in 1914, where the facts of the establishment of British sovereignty are carefully summarised. I have not overlooked the challenge of Mr Arthur Wright concerning the movements of the French corvette L’Aube. If he has information “ direct from the horse’s mouth ” there is no need for him to seek for further confirmation. At various times I have delved into a mass of information by many authorities concerning early New Zealand history and I know of no reason why L’Aube should not have arrived at the Bay of Islands. She arrived on July 10, 1840, and the seat of Government was not removed from Russell to the new capital at Auckland until January, 1841.—1 am, etc., D. A. Young. Dunedin, January 5.