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The Pamphlet Collection of Sir Robert Stout: Volume 10

[introduction]

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"The Magna Charter of the New Zealander, as between himself and the British settler, is the Treaty of Waitangi; a treaty to which the faith and honour of the British Crown were pledged in 1840, and the obligations of which have since been again and again reaffirmed by the representatives of the Crown in the Colony, and by statesmen of all parties in the Imperial Parliament. It is sufficient to refer to the noble stand taken on this point by Lord Derby (then Lord Stanley), when Secretary of State for the Colonies:—

"I repudiate, with the utmost possible earnestness, the doctrine maintained by some that the treaties which we have entered into with these people are to be considered as a mere blind to amuse and deceive ignorant savages. In the name of the Queen I utterly deny that any treaty entered into and ratified by Her Majesty's command was or could have been made in a spirit thus disingenuous, or for a purpose thus unworthy. You will honourably and scrupulously fulfil the conditions of the Treaty of Waitangi."—(Despatch to Sir Geo. Grey, June 13, 1845. Parl. Papers, May, 1846, p. 70. See also Parl. Papers, July 27, 1860, p. 44. Despatches from and to the Colonial Office, &c, passim.)

The second Article of the Treaty is as follows:—

"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, as 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 pre-emption 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 page 2 Majesty to treat with them on that behalf."—(Parl. Papers, July, 1840, p. 10.)