CONSTITUTION OF DOMINION

Taranaki Daily News, 26 August 1931, Page 7

CONSTITUTION OF DOMINION

TERMS OF TREATY OF WAITANGI. ADDRESS BY MR. JUSTICE BLAIR. How New Zealand obtained its constitution in the Treaty of Waitangi and the endeavours of the settlers that led to the attainment of full self-govern-ment by New Zealand were dealt with in an interesting address upon the early history of New Zealand given by Mr. Justice Blair to members of the New Plymouth Round Table Club yesterday. Touching briefly upon the discovery of New Zealand by Tasman and the visits of Captain Cook and the French in 1769, his Honour said that nothing was done regarding the foundation of a colony until early last century, when a certain amount of interest was taken in a new country, with the result that whalers and others were attracted and trade grew. The early exports were flax, kahikatea and kauri. Pvussell was the centre of the whaling industry, and in the early years of the century there were sometimes as many as 100 whalers there. There was no attempt, howeveff, to have any form of Government, and at times things were fairly lively. When the position became acute and concern was expressed at the treatment the whalers meted out to the Maoris the Church Missionary Society sent out a mission under Marsden, and other churches, including the French, followed.

The fact that New Zealand became a part of the British Empire was due to the insistence of the missionaries on having some form of authority. They became friendly with the Maoris and helped to undo much of the mischief caused by the whalers. Britain’s experience with the American colonies had been unpleasant, with the result that any requests made by the missionaries for British sovereignty in New Zealand and for a governor were more or less met with a studied refusal.

The objections of the British Government were overcome by the action of the New Zealand Land Company founded by Edward Gibbon Wakefield, who brought continual pressure to bear, stressing the advantages the colonists would have in living under the British flag and the fact that there was a strong movement by the French to establish New Zealand as a French dependency. The French proposed to buy large tracts of New Zealand and were also engaged in survey work about the Marlborough Sounds.

The settlers there feared the French would found a penal colony, and they also urged the foundation of a British colony. Wakefield determined to take steps* himself and the company had the ship Tory loaded and waiting at Plymouth to sail for New Zealand. When Wakefield learned the Government intended to take steps to stop the ship itself* he made his epic ride from London to Plymouth to dispatch the ship before the Government could do so. When the Government found its hands forced it changed its mind and decided to have a governor in New Zealand with the necessary powers. -Lieut. Hobson was- sent as Lieut-Governor under Governor Macquarie of New South Wales, of -which New Zealand was made a part. Hobson, after going to, Russell and then establishing the seat of government at Auckland, as his first step acquired British sovereignty over New Zealand, and for that purpose he required to have ceded to him the sovereignty that was vested in the chiefs of the native tribes. Marsden had suggested to the Maoris

• ♦- that they should elect a king, but the idea was foreign to them and was found impossible. Hobson’s task of acquiring British sovereignty, for New Zealand was therefore not so different as it might have been, and it was effected by tlm Treaty of Waitangi. ” There were only three articles in the treaty, Mr. Justice Blair said. The first was that the chiefs ceded absolutely all rights of sovereignty over their territories. In the second the Queen guaranteed to the Maoris full ■ possession of their lands so long as they desired to possess them, but the chiefs yielded to the Queen the right of pre-emption. This meant that for some time the £rown alone could purchase land, the reason, through the foresight of Hobson, being to prevent unfair trafficking in native land. This clause enabled the British to refuse to recognise a sale of land to the French when they wished to found a penal colony. On the third clause the Queen extended to the. natives her protection and all the rights of British subjects. Mr. Justice Blair, who concluded by tracing the evolution of New Zealand until it was constituted a self-governing colony, was thanked for Ins address by Mr. G.L. Wells.