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Member for Sunderland. Sir G. Gipps, Britain solemnly disavowed its title; and' was applied to by Captain Fitzroy for aid further, that the sovereignty existed in the before the breaking out of the last distur- New Zealand chiefs. It was not for liim bance, and he observed, before Lord Stan- to say whether this course was wise or not; ley's despatch was received-cominenting but if any foreign nation had supposed on the Report of the New Zealand Com- they were not precluded by our priority of pany

discovery, and invaded the country, we " The present application was not founded should have fallen back on the declaration on a single act of violence, and he fell con

which we made, and said, “This is an invinced that the difficulty of keeping in check dependent country—it is so acknowledged the natives would be more extensively felt in by us—and we shall see that the rights proportion as the Report of the House of and liberties are not endangered.” A ComCommons' Committee of July should become pany was next formed (and it would puzmore generally known throughout the Co- zle his lon. Friend the Attorney General lor.y."

10 answer this position) for the purpose of He could state that that was no visionary conducting emigration to New Zealand. apprcheusion; and that it was the opinion | That would be an illegal act, if this was a of every one well acquainted with the Co- wild territory. The Company had a right lony, that if there was any question likely to say, “We went out to this country on to unite the natives into a compact mass, the character acknowledged by yourselves it was the question as to their rights to land, -that of an independent and sovereign devied by the Committee; and, in conclu- community; and we bought the lands from sion, so far from promsing a change, he the people, you say, who possessed the must warn the House against that other line sovereignty.” Lord Stanley, by some powof policy pressed for by the hon and learned ers of divination, said the intentions of the Member, which would, in his opinion, natives were not such as were supposed. amount to spoliation, and which would be as The Company answered, “We paid for the inconsistent with the honour of the Crown land; we paid what your sovereign as with the peace and good government rulers' considered a fair price; and we say, of the Colony.

you have no right to look at the contract, Mr. Rocbuck said, many of the difficul. or to annul it by proclamation.” Now, ties which besel this question were to be that was a nice legal question, which he traced to the manner in which we became should like to see submitted to the Queen's entitled to New Zealand. They would be Bench ; and he would wager they would found not to result from the acts of any not decide with the Government. When one Government, but from the course of those parties went out in 1839, the interpolicy which had been pursued with regard meddling of France was dreaded. What to the Colony. He should shortly give the did we? We made Captain Hobson not history of this Colony; for on the good only Captain General of New Zealand, but foundation of our title rested the solution of we also invested him with consular power, many of the difficulties which we had to thereby admitting the people to whom he encounter. In 1769, Captain Cook, under was accredited to be an independent nation, the authority of the Crown, discovered this We also gave ambassadorial powers, and territory. According to international law, authorized him to treat with the chiefs. to give us any right to possession of the What could be more solemn acknowledgdiscovery, the voyage of discovery must ments of sovereignty? Proceedings went have been prosecuted under the authority of on. This half Ambassador and Consul a Crown. "This, however, was but an in- went to New Zealand; and then comchoate right, liable to be annulled by non- menced a two-act farce, tlie first part of user or formal abandonment. We did which related to the Treaty of Waitangi, not take possession of New Zealand by any and the second as to the proceedings of the authorized colonization. Some runaways chiefs of the Middle Island. Compare the from New South Wales, some mariners document authenticated by Colonel Wakeconnected with the whale fishery, and some field, as coming from the chiefs round Wel. missionaries (of whom he had a word to lington, with that which constituted these say presently), who thought they were New Zealanders an independent nation. " labouring in the vineyard,” occupied by Government said they would not pay atdegrees this territory. The right we gained tention to the last; it was a fraud- they by discovery thus remained unperfected. would have nothing to do with it. Now, By a great many Acts of Parliament, Great he maintained it was the second which

contained the fraud. It was a fraud, not, the purpose of maintaining good order, he on the simple natives alone, but on the again took possession of New Zealand, civilized world. You forfeited the right There were parties, also, who benefited by of original discovery, and acknowledged the hobby of the Waitangi Treaty. There the sovereignty of this people. By the were the missionaries, who largely profited Treaty of Waitangi you pretend, in the by it. They took abroad with them a face of civilized Europe, that you are knowledge of the true faith, which they bound. Where were your faith and honour were to communicate to the aborigines of when it was made? Never was anything New Zealand, and they pretended to put more disgraceful than the proceedings it into the language of New Zealand. For with the savages.

One witness said, this purpose they were obliged to coin a a quantity of feofment was carried out, vast number of words; and why was this? in order that the natives might sign it. Because the ideas of such a nation did not Why, they'd sign anything for some to- embody one-hundredth part of those which bacco and rum! He now came to the were to be found in the Sacred Volume. missionaries—the parties chictly employed They had, therefore, translated it into a in carrying this Treaty of Waitangi. He jargon, which he could read because he must here, at the outset, remark, that this understood English ; but he was certain country, it must be confessed, was very there was not a native who could make much under the influence of cant. There anything of it. But these persons, whilst was nothing on which it was more sus. they exhibited so much piety, also took ceptible than as to the fate of the “abo. care to look to their own interests. One rigines.” A formidable organization hav- of the witnesses who was examined before ing been got up for the purpose of eman- the Committee had stated that one of the cipating the blacks, when the freedom of missionaries had acquired a bit of land; it the slave was proclaimed, the power and occurred to him to ask the size of it, and influence of this great body of sympathizers the reply to his question was, that this bit was all abroad ; and it was gravely discussed was about 90,000 acres. There was anoto what subject public attention should ther gentleman missionary who kindly took next be directed -- whether it should be possession of a piece of land which had home or colonial. When a member adopted been a source of dispute between two chiefs. a hobby, the custom was to refer it to a lie interfered, and treated them as mere Committee ; for by that means the Govern- | boys, and took possession of the object in ment god rid of the subject for at least dispute ; and thus he got possession of svme months. The way that the House 100,000 acres in the bes: part of the isthus dealt with a question was mischievous, | land. The question then arose,

what was and he be ved it was so in this case. The the cause of Auckland having been made noble Member for Dorsetshire loved hob- the capital of the Colony? It was in conbies very much; and he constantly had sequence of missionary influence. It was questions to refer to Select Committees, this influence that unhappily governed the and he had now two remarkably long Bills Colonial Office. The Colonial Minister before the House. Formerly, he had a was not the Minister of the Colonies in number of measures respecting labour; and reality; there was a paramount authority he had now taken up a new subject. He behind which controlled him. A person must observe, with respect to these mea- holding the office of Colonial Secretary sures, that although he entertained a very was made to believe that he was a great great respect for the noble Lord, yet it could man by the authority he alluded to, not escape his observation that there were until he attempted to govern without it, persons who lived by means of such hobbies. and he would do so if he were a man of Now, what was the effect of the hobby with large capacity and determined will; but respect to the aborigines in New Zealand ? | Lord Stanley was not one of that class. Lord Normanby having found a Report of Ile would get rid of the whole system. a Committee of the House of Commons, in | The truth was, that the Colonial Minister which allusion was made to the aborigines, was governed by Mr. Stephens, and Mr. and on reading, exclaimed, “Oh, we can Stephens was governed by missionary innever stand against this; we must do some fluence. This was the case wherever they thing, so that the storm blow over;”— went to in the Colonies. They had a dishe, therefore, thought that the best pute with France respecting Tahiti, which mole of proceeding was, to get back the nearly led to a rupture between the two sovereignty of New Zealand, and so, for countries; and this was all occasioned by

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the missionaries. The fact was, that these body of emigrants before they had cleared missionaries did no good but to them- their ground, and made proper preparation selves. From the time they had taken for their reception. Now, if the Governpossession of the island till the present ment of the present day would calmly take time, where had the outbreaks taken up the Treaty of Waitangi, and examine it, place ? Always within the territories and look into all the circumstances connected where these missionaries were. These with it, and which led to its completion-he

went out to preach the gospel of was convinced that, if they would impartially peace, but wherever they appeared an out- consider it, they would say that it was not break of violence took place. Recently worth the paper on which it was written. the shape of the Government had been The Secretary of the Colonies talked of a unpalatable to the missionaries, and the land tax. Take any particular spot, he result was the proceedings at the Bay of would defy them to tell who was the owner Islands. If he was asked to put his finger of it. The tribes were constantly wanon any persons who had done mischiet in dering from place to place—they were here the transactions respecting New Zealand, to-day, and there to-morrow, and there he should first name the persons who drew was, to use a legal expression, no assignable up the Act of Parliament, and then Lord individual to be found as resident or proNormanby for his Treaty of Waitangi. prietor. The tribes of Indians in America The noble Lord the Member for the city were in some respect like the savages in of London was obliged to give way on this New Zealand ; but they really occupied the point, and so it would be with Lord land, for they hunted on it. It had been Stanley. He did not, however, complain proved over and over again before the Comof any man in particular-it was not the mittee that the natives of New Zealand men but the system which he complained only occupied small pieces of land, and they of. A Colony should not be merely under were only owners of it as long as they the authority of a Governor acting on in cultivated it, but no longer. The land structions from this country, but it should was soon worn out by their mode of cultibe constituted under a charter, acknow- vation, and they then resorted to a new ledging and declaring that the govern- piece of fertile land, which they kept till ment of it vested in the people. Unless the soil was exhausted, and no longer. They they acknowledged this principle, they must had no notion of boundaries, and they expect constant disputes and turmoil wher- could not trace the land they claimed from ever they attempted to colonize. If they river to river, or from mountain to mounwould allow the people of Wellington to tain, in New Zealand, as this country govern themselves as the people of Rhode could in India or elsewhere, or as the hon. Island did, they would have had none of these Gentleman could trace out his patrimonial differences, and the House would not have acres. It, therefore, was a monstrous been troubled at such length respecting piece of absurdity to talk of the land bethese disputes. Before the first large party longing to such or such a tribe. The of emigrants left the river Thames on their noble Lord had said that he would respect voyage out, they entered into a voluntary the law of New Zealand; but did the noble engagement as to the adoption of a form of Lord know what he meant by the expresgovernment which they would adopt on sion? There certainly existed traditions their arrival at their destination. They had of a certain kind amongst these natives, a precedent for this, the adoption of which but there never 'existed any traditions rewas regarded with as much respect in the specting the ownership of land. He would Northern States of America, as Magna Charta challenge any one to show or prove that was in this country. If any one named there was any law of the description rethe pilgrim fathers in that part of the specting land. There might be a club, or United States, he would be told they were something of that kind, which a son might the persons most worthy of the respect of inherit from his father, who had used it to mankind. When, therefore, there was knock down his enemies, but there was not such an example before them, why should a shadow of a shade of any law respecting the adoption of the proceeding be visited the inheritance of land. He recollected, with reprobation? At the same time he that a noble Lord, whose loss in that House blamed the Company on other grounds, as no one could regret on the present occahe thought then, as he had thought at the sion more than he did, had referred, in the time, that it was a hasty and, therefore, last debate on this subject, to a title which unwise proceeding to send out such a large a native put forward to some land, from

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the circumstance of his having killed and tives, which would not be done towards eaten the native chief who formerly re- one of the colonists or subjects of this sided near the spot. It came out in evi- country. Protect the natives as much as dence that one tribe had conquered and you possibly could; but still, whatever exterminated another tribe, and had taken course was pursued, the same circumstance possession of the land of the latter; and as would arise as was invariable under similar this was on the sea coast, they had turned circumstances—namely, that the brown to fishing for a subsistence, and did not men would entirely disappear.

It was cultivate the soil. So it constantly hap- idle to talk of putting them in possession pened that one tribe was driven from a of the soil; but they were a class over particular district by another tribe; but whose welfare there might be some watch they never heard of any of these natives and guard. This could be done, not by who could deal with or describe land the means proposed by the noble Lord, but acre by acre. One person, however, who by such a course as was adopted by the was examined before the Committee, New Zealand Company, who allotted to said, that land descended from gener- them such portions of the country as they ation to generation through its respec- were able to cultivate. Something might tive hues; and he drew such a pic- be done in this way; but nothing could ture of this description of the descent of ever be done as long as the natives were land and its appanages, until he (Mr. Roe- treated as sovereigns of the soil, and land buck) almost thought that they were get- was purchased of them by large sums of ting to the history of a German barony. But money. He had seen something of this in it was perfect nonsense to talk of any law North America. The House very unrespecting the descent of land amongst the wisely granted 20,0001. a year to be disnatives of New Zealand. They would find tributed as presents among the native tribes that the savages of New Zealand were saga- of Indians in Canada. What was the recious, brave, and a stout body of men; but sult? They got drunk as soon as they they were very low in the scale of civilization. received the money, and either continued [Captain Rous: Hear!] He believed that he so until they got rid of it, or in that state had seen as many savages as the hon. and they were robbed of it; and the result was, gallant Officer had, and that he was also that their number was gradually diminishas well acquainted with their character. ing. So it would be in New Zealand. It happened that all the arms these savages The House might depend upon it that now fought with were introduced by the acting upon the plan of the noble Lord the missionaries. The natives did not know effect would be such as the introduction of the use of metal. All the metal which the small-pox amongst them could only be they had was derived from us, although an equivalent, and not half a dozen years large quantities of ore were lying at their would elapse before they were nearly all feet, almost in its native state. They had swept away. The noble Lord talked of not arrived at that state that they knew the possessors of the soil, and of imposing how to forge iron, which was the first a tax upon them. On this point he did indispensable requisite to civilization. not agree with his hon. and learned Friend [“ Hear, hear!”] He knew that the as to the right of taxing savages. But how Mexicans did not forge iron, but they would the noble Lord set about levying had other things which they used as a this tax? He must first of all find out the substitute for iron. It was an undoubt.

owner of every particular spot, for they ed fact, that all uncivilized races of sav. could not lay the tax on a tribe. They ages ultimately perished wherever civil- could not say that such or such a tribe ized man came. They might look on this should pay 1,000 dollars, but they must circumstance with regret; but the latter impose it on an individual. If this was circumstance was uniformly fatal to the the case, the whole thing was a mere presavage races. If the noble Lord would tence, for the natives had no means of look to what had occurred with respect to paying the dollars. If the tax was imthe North American Indians, he would posed, the land would be forfeited every find how rapidly and constantly they had year. It was a paltry pretence, and, to use perished before the progress of civilization. an expression of the noble Lord's, it was All that they could do would be to guard a thimble-rigging scheme. He therefore against the perpetration of acts of cruelty hoped that the right hon. Gentleman at towards the natives, and to take care that the head of the Government would not they did not do anything towards the na- listen to such a paltry pretence. It was,

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no doubt, the duty of the Government to with many of the observations of one part consider the interests of the Maorie popu- of the speech of the hon. and learned Memlation. In doing so, let them look to jus- ber for Liskeard, with respect to the estabtice being done them, but do not adopt a lishment of the New Zealand Company. procedure which any individual in private As for the original formers of this Comlife would be utterly ashamed to put for- pany, he believed that many persons lead warl. He trusted that the House would joined it from the purest and the most not be a party to such a monstrous pro- disinterested motives. With respect to ceeding. Difficult as the question might others, however, he believed that they appear, they must be prepared to go straight were not insensible to the advantages forward ; and, in the first place, they must which the adoption of such a scheme must consider the ivaste lands, as he believed produce; while others were only led to join it they legally were, the property of the by the anticipation of the profit that would Crown, and treat them accordingly. They accrue from it as a commercial speculation, should provide, however, just as much land The Directors of the Company, in one of for the natives in cach district as they could their carly Reports, stated that the Colony want for the purposes of cultivation, and was not established for political, but for conntake care to secure the possession of it to mercial purposes ; and from the large blue them. He did not suppose that the Go- book it appeared that in a comparatively vernment could persist in maintaining the short time after its formation, it paid six strange conclusion of the noble Lord, that per cent. interest on its capital. This cirthe possession of the waste lands should be cumstance offered a temptation to persons considered to rest in the native chiefs. If not influenced by disinterested motives to the Government would at once rescind the join it. He said this, because the Comproceedings of the noble Lord on this sub-mittee on the Report said that a great deal ject, they would relieve that House from a of the evil that had taken place in New great deal of unnecessary trouble which Zealand had arisen from the New Zealand must go on increasing as long as this system Company acting in defiance of the Goverwas persisted in.

In the month of December, 1839, The Attorncy General said, it was not when the first purchase was made by Colowithout a feeling of regret that, after the nel Wakefield, a number of settlers had former discussion of three nights on this arrived, on the faith of the purchases of subect, he found that the hon. and learned land having been completed. It therefore Member for Liskeard had thought proper became necessary to find some place in to renew it; and, above all, that it should which they might be located; they therebe by a Motion of such a vague and inde fore made hasty and unfair purchases of tinite character, from the adoption of which the natives. As to the challenge of his it was impossible to anticipate any bene- hon. and learned Friend the Member for ficial result. On considering this question, Bath as to the right of the natives or the he could not disguise from himself

, that New Zealand Company to the land, there but for the existence of the New Zealand could be no doubt that the independence Company, and but for the interests of that of New Zealand had been recognised over Company, it never would have been brought and over again by this country. It was forward. He trusted that he should be a question whether such recognition was able to satisfy the House that it was not politic or not, but the fact was indisputafrom any regard to the general prosperity ble. The hon. and learned Member for of the Colony of New Zealand, that the Bath said, that if New Zealand was an inhon. Member had called upon it to recon- dependent State, the New Zealand Comsider the subject; but entirely with a view pany had a right to deal with them, and to the interests of the New Zealand Com- purchase land from the natives, and that pany.

He felt obliged to his hon, and such contract was valid ; and he asked, how learned Friend the Member for Bath, for could they get out of this difficulty?' llis having at once pointed out the policy which hon. and learned Friend the Member for it was the object of the Motion to have Bath was the first who suggested this inadopted. It was, to compel the Govern- genious argument; for the New Zealand ment to abandon the Treaty of Waitangi, Company had never argued that they could and to take possession of the whole of the carry on such dealings with the natives of unoccupied land in the Colony; and then, New Zealand without the sanction of the out of it, to make over a very large portion Government of this country. In May, to the New Zealand Company. He agreed 1839, an application was made by Mr.