FREE ELECTRONIC LIBRARY - Dissertations, online materials

Pages:     | 1 |   ...   | 9 | 10 || 12 | 13 |   ...   | 35 |


-- [ Page 11 ] --

Busby’s New Zealand context, 1836-37

The ink was hardly dry on the Declaration of Independence before Busby was asked to mediate in a dispute between Waikato’s Te Hikutu from Te Puna and Noa’s hapū from Whananaki. The background was this: Two European traders, Bond and Day, had entered into an arrangement with Waikato for the sale of a kauri forest at Whananaki. However, the whakapapa links of Waikato to that whenua (at least in Busby’s account) seemed doubtful. Henry Williams became involved and the Whananaki hapū conveyed the said land in trust to the missionaries. Williams then communicated with Day, a British settler, that he would have to obtain the consent of both the missionary trustees and the local hapū owners before any purchase could be effected.

Waikato then requested Busby’s mediation. Waikato brought 35-40 men to the 12 January hui, while Noa brought around 150 men, women and children. After some verbal fire-works, one of

149 Busby to Col Sec, 16 Jun 1837, No 112, p 256.150 Busby to Col Sec, 16 Jun 1837, No 112, pp 245-263. 55

Waikato’s party pushed an older kaumatua from Whananaki. Noa’s party reacted. Te Hikutu then leapt up, recovered their muskets lying concealed nearby, and proceeded to fire upon the Whananaki people. Two died. Others were injured. Soon the large Whananaki group was crowding into the Residency for protection. ‘The floors were covered with blood’ reported Busby, and in a later despatch appealed to a sense moral outrage in his superiors by referring to blood on the floor of his wife’s bedchamber.151 In the aftermath, Busby avoided calling a hui of the Confederation as he feared it might provoke an even greater conflict.152 Although he believed the Confederation would sanction a punishment of the Te Hikutu offenders, he preferred the actual punishment to be carried out by a British military force.153 In the meantime he delayed, waiting for the ‘determination of the [British] King whether justice should be done by his Government or by the Government of this Country alone [that is, the Confederation]’.154 The second event involved Pomare’s apparent attempt to retake Kororareka from the Titore-led Northern Alliance. After the Alliance forced Pomare out of Kororareka in 1830, he had removed about five miles away to Otuihu at the southern end of the Peiwhairangi anchorage. The loss of Kororareka obviously hindered his trading interests and prestige. According to Busby the fighting involved around one thousand warriors (200 on Pomare’s side and around 800 on the 151 Busby to Col Sec, 18 Jan 1836, No 84, pp 175-185.

152 Busby to Col Sec, 26 Jan 1836, No 85, p 187.

153 Busby to Col Sec, 18 Jan 1836, No 84, pp 183-185.

154 Ibid, p 180. Still waiting for an answer from NSW on 20 February, he wrote: ‘The Congress of Chiefs might be prevailed upon to pass sentence upon [the offenders]; but I believe it would be impossible to procure native executioners’, Busby to Col Sec, 20 Feb 1836, No 86, p 196. The Governor finally responded by despatch dated 23 March but its suggestion of a Rete-type punishment of land forfeiture and banishment was rejected by both Busby and the missionaries as unrealistic and ‘would occasion a general war’ in Tai Tokerau if there was not any ‘British Force’ to supervise or carry out the punishment. Busby also disagreed with the Governor’s view that there was no insult to the British Resident. He now considered that his office was ‘in abeyance’ as he could do nothing to resolve the situation, and he requested permission to proceed to England to lobby for greater British intervention (this was not the last time when his request to plead the case of NZ in London was denied), Busby to Col Sec, 18 May 1836, No 95, pp 210-217. The Governor’s 23 March 1836 despatch (a response formulated by the Governor in Council) gave as reasons for not interfering with a British military force: ‘Because there appears no sufficient motive for an armed interference, amounting in fact to an invasion of an independent state on the part of the British Government....

Such affrays between Savages are of common occurrence and the New Zealanders being but little removed from the Savage State, the attack... cannot with propriety be considered as an intended insult to the British Nation requiring immediate reparation and chastisement for the vindication of National honor’; and ‘Because supposing it was expedient in Policy to strike with terror the New Zealanders by the expedition of a Foreign Military force in their Country... it would be an act wholly unjustifiable to take the lives of those People under colour of British Law to which they owe no obedience, in retribution of [?] an offence committed by one New Zealander against another’, see McLeay to Busby, 23 Mar 1836, No 36/6, NSW 4/3523, pp 530-536.

56 other). There were some deaths, including of leading rangatira Titore, but otherwise the death toll was not initially significant and British property was, with one or two exceptions, spared.155 Widely different accounts exist concerning resolution of the conflict. Busby wrote that missionary and Hobson’s attempts at mediation failed.156 McDonnell claimed that he along with Hokianga chiefs resolved the conflict.157 Yet according to missionary accounts, Williams and colleagues were integral to its resolution.158 Besides these immediate concerns in mid-1837, the spectre of de Thierry still hung in the air.

Busby had talked further about the possibility of such European adventurers making use of the unstable geopolitics of Tai Tokerau to obtain a territorial dominion. He suspected they might even purchase from rangatira the rights to shipping dues in the Bay, as he had earlier proposed to NSW.159 The tensions within Ngāpuhi had also figured after the Te Hikutu-Whananaki incident at Waitangi, Titore and other Northern Alliance rangatira supposedly lending their support to Waikato, and Pomare and others potentially aligning himself with Whananaki.160 These movements did not immediately provoke conflict but may have simmered until the Kororareka turmoil broke out.

Busby was also encountering problems with a somewhat reckless McDonnell. In Hokianga, the Additional British Resident was passing laws and taking the law into his own hands. On one occasion he literally took up arms to protect the supposed rights of European land purchasers, in a run-in with Waka Nene who claimed the land had not been sold and that he therefore had rights to sell the trees. McDonnell was also involved in a turf war with the Wesleyan missionary, the 155 Busby to Col Sec, 4 May 1837, No 111, pp 242-245; Busby to Col Sec, 16 Jun 1837, No 112, pp 245-263.

Leading rangatira Pi also died in the conflict, see Rogers, Te Wiremu, p 135.

156 Busby to Col Sec, 16 Jun 1837, No 112, p 247.

157 McDonnell provided an 18pp wide-ranging account of the conflict between the Titore-led Northern Alliance, and the Pomare-led Ngati Manu. He also believed that both Busby and the CMS Missionaries had failed to intervene effectively. He accompanied WMS Missionaries Nathaniel Turner and John Whitely, together with Hokianga rangatira ‘Tuckiore’ on a peacemaking mission to the Bay. This he said was much more effective in bringing hostilities to a close. McDonnell to Col Sec, 24 July 1837, CO 209/2, pp 68-68a, encl in Bourke to Glenelg, 13 Sept 1837, No 90. In most cases, however, McDonnell was not a reliable witness.

158 Rogers, Te Wiremu, pp 133-135.

159 Busby to Col Sec, 12 March 1836, No 89, pp 197-200.

160 Busby to Col Sec, 26 Jan 1836, No 85, pp185-191. Busby’s account is somewhat vague, as he indicates Pomare paid Waikato a ‘friendly visit’, even though Pomare was on the opposite side of the Bay of Islands division (perhaps because he was, like Waikato, not ‘under the influence of’ the missionaries).

57 Rev William White.161 All these little and larger fires were breaking out in 1836 and 1837, causing Busby to call even louder for the interposition of British authority de jure backed by real not imaginary force.

Māori ‘juries’ and the ‘school’ of Congress Given this background it is not difficult to comprehend Busby’s conviction (if it was a strong belief in 1834-35 it was certainly a conviction by 1836) that British ‘Legal Authority’ and military power was needed to bring about a more durable framework for law and order. Nor is it difficult to understand his conception that Māori structures of government and law based on British models (including especially criminal justice) would be brought about only over time; as he said (in the quote above): ‘Thus would the way be prepared for confiding to the [Māori] people the trust of Jurymen, in like manner as to the Chiefs of Congress, that of Legislators, when a generation should arise sufficiently enlightened and virtuous to be capable of these high functions’.

The immediate context for these comments was Busby’s recommendation that Māori juries be not judges in the case but rather ‘witnesses to the Country’ of the accused having had a fair trial.

Jurymen would be ‘compurgators’ with the accused, he said.162 A ‘compurgator’ was a witness who swore to the innocence or good character of an accused person.163 This recommendation, said Busby, was in accordance with ‘the original Constitution of Juries in England’, as evidenced by the research of Sir Francis Palgrave (a prominent English legal historian).164 This reference to old English jury models may seem irrelevant today, but to Busby’s mind, and in conformity with his evident stadial conceptions of the rise of civilization, this reference made complete sense.

Institutions of law and government must reflect the characteristics of the people and their state of civilization if they were to prove durable. In other words, all institutions must be adapted to the 161 Busby to Col Sec, 30 Jan 1837, No 107, pp 228-235.

162 Busby to Col Sec, 16 Jun 1837, No 112, p 256.

163 As defined by the Concise Oxford, 9th ed, (1995), which notes it as an historical legal term.

164 Busby to Col Sec, 16 Jun 1837, No 112, p 256. The text Busby was referring to was most probably The Rise and Progress of the English Commonwealth: Anglo-Saxon Period (London: John Murray, 1832), (http://books.google.co.nz/books, accessed 12 November 2009). I could only locate vol 2 of this, which referred to this Saxon jury system at pp 176-178.

58 people’s circumstances. If Māori were not currently able to exercise legal judgement in a British criminal justice sense – because they knew not its forms and rationale – then they needed to be educated into it over time by sitting as ‘witnesses’ on juries. In like manner Busby saw the Congress of rangatira as ‘a School in which the Chiefs would be instructed in the duties required of them’.165 The learning would take time and it would be “on the job” learning. This conception of civilization requiring exemplary education for its emergence was derived clearly from stadial or Scottish Enlightenment concepts. Although Busby also shared in the Evangelical missionary idenfication of conversion as integral to civilization, the civilization of Māori also required coaching or tuition in British legal forms.166 Busby believed that the ‘infant Māori state’ had to be tutored to emerge gradually as ‘enlightened’. Only then could its juries adjudicate on matters of fact, guilt or innocence. This was, according to Busby, the education, knowledge or ‘enlightenment’ problem. The other problem, mentioned in Busby’s jury reference, was the required cultivation of ‘virtue’. In Busby’s view, rangatira needed to transition from Māori conceptions of justice (muru or group compensation) to British conceptions (individual punishment on behalf of the community or state). Busby’s use of the word ‘virtue’ perhaps fundamentally indicated the need for moral and character growth (as he conceived it), rather than mere shifts in theoretical understanding. In his 16 June 1837 ‘plan of Government’ this reasoning also appeared in the passage immediately

before he described the Congress as a ‘school’. He said:

In theory and ostensibly the Government would be that of the Confederate Chiefs, but in reality it must necessarily be that of the Representative of the British Government. The Chiefs would meet annually or oftener and nominally enact Laws proposed to them, but in truth the present race of Chiefs could not be entrusted with a discretion in the adoption or rejection of any measure that might be submitted to them, moral principle, if it exist among them at all, being too weak to withstand the temptation of the slightest personal consideration.167

–  –  –

This proved the need for Congress to be a ‘School’, in which both British legal forms and a British morality supposedly adverse to personal aggrandisement and nepotism would be inculcated with time. This passage echoes Busby’s comments prior to 1835 about the inadvisability of Confederation rangatira enforcing a liquor prohibition regime (with search and seizure functions) for fear they would be ‘paid off’ by traders who would then be able to avoid the law.168 And with reference to the Rete affair, Busby was concerned that rangatira enforcing a forfeiture of land would consider themselves justified in plundering property personally (ironically, rangatira did receive some personal payment, both from Rete’s property and from Busby).169 From ‘savagery’ to ‘civilization’ The above quotation was moderate compared with the fierceness of Busby’s expression following the Te Hikutu attack on Whananaki, the language of ‘savage’ being more prominent

than at any other time:

Pages:     | 1 |   ...   | 9 | 10 || 12 | 13 |   ...   | 35 |

Similar works:

«MACROCOSMI – Ordnungen anderer Art Un progetto di Pascual Jordan A cura di Martina Cavallarin Pascual Jordan Assistente curatoriale Stefano Monti Coordinamento Fondazione Forum der Kulturen In collaborazione con nGbK neue Gesellschaft für bildende Kunst Associazione Gallerie Bologna Galleries Association of Berlin (Ivbg) Berlin Art Week MACROCOSMI – Ordnungen anderer Art, da Berlino a Bologna e da Bologna a Berlino, è un progetto di Arte Contemporanea costruito per concentrarsi sulle...»

«Yacht chartering guide A guide for the first time charterer The European Boating Association (EBA) is a civil, not for profit, recreational boat users’ association, founded in 1982. The purpose of the EBA is to represent the mutually agreed common interests of national recreational boating unions and associations and to coordinate and develop recreational boating activities in Europe. Web: www.eba.eu.com EBA Yacht chartering guide 2011 Contents Introduction 3 Before you go 8 Types of charter...»

«Enfield Light Operatic and Dramatic Society Hon. Vice-Presidents Sue Pritchard Secretary Mike Gilbert, Sally Pearson Membership Marie Isbister Committee Officers Sunny Carter Social Chairman Mark Shaw Naomi Delamore General Sandra Ashworth Treasurer Frank Bundle Stella Kitanos Message from the Chairman I was very proud to be part of ELODS for our last show Jesus Christ Superstar in October 2011. Existing and new members combined to create a memorable show with a cast of over 50. An expensive...»

«The Ultimate Guide to Metal Lunch Boxes! To let others know about this eBook please direct them to: TinLunchBoxesHQ.com (c) TinLunchBoxesHQ.com Copyright Information No part of this document may be duplicated, transmitted, resold or reproduced in any way without prior written permission from the author. Unauthorized duplication of this material in any form is strictly prohibited. Violators will be prosecuted. Disclaimer The author assumes no responsibility for the use or misuse of this product,...»

«Joining the World of Journals Welcome to the nation’s first and, to our knowledge, only undergraduate research journal in communications. We discovered this fact while perusing the Web site of the Council on Undergraduate Research, which lists and links to the 60 or so undergraduate research journals nationwide (http://www.cur.org/ugjournal. html). Some of these journals focus on a discipline (e.g., Journal of Undergraduate Research in Physics), some are university-based and multidisciplinary...»

«CHAPTer 3 Sophistic Method and Practice David Wolfsdorf 1. Problems with the Sophists The term “sophists” refers to certain Greeks active in the latter half of the fifth and early fourth centuries bce. Beyond this, the phrase is problematic. Much of the difficulty relates to Plato’s influential appropriation of the term and criticisms of the men to whom he applies it. Hence, in order to make headway in an inquiry into sophistic method and practice, we need to engage with Plato’s...»

«Brookville Road Animal Hospital 8049 Brookville Road, Indianapolis, IN 46239 phone: (317) 353-6143 Home Care Instructions  A bandage wrap has been placed over the ears, to help with the initial bleeding and mess. This is likely to come off over the next 24 hour; if not, please remove the wrap in 2-3 days. Remove slowly and gently. If cutting is required to remove, please cut underneath the opposite ear to avoid cutting the affected ear which is under the bandage, on top of the head. ...»

«REGLAMENTO SOBRE EL DERECHO DE VÍA DE LOS CAMINOS PÚBLICOS Y SU RELACIÓN CON LOS PREDIOS QUE ATRAVIESAN Casa del Gobierno: Guatemala, 5 de Junio de 1942 EL PRESIDENTE DE LA REPÚBLICA ACUERDA: Aprobar el siguiente: Reglamento sobre el derecho de vía de los caminos públicos y su relación con los predios que atraviesan. DERECHO DE VÍA Artículo 1o. Se consideran caminos públicos las carreteras nacionales o de primer orden, las departamentales o de segundo orden, las municipales o de...»

«Page 1 of 5 Insect Bites and Stings Most stings from bees, wasps and hornets cause pain and slight swelling, but have little other effect. But, some people are allergic to stings and can develop reactions that can be life-threatening. Call an ambulance immediately if you suspect an allergic reaction soon after being stung. If you are stung by a bee and the stinger remains in the skin, then scrape out the stinger as quickly as possible. Do not pluck it out as this may squeeze more venom into the...»

«Sunday 15 November 2015 Don’t sweat the small stuff Romans 14 In the last 5 chapters of Romans Professor Paul is taking us through Applied Christianity 101. The first 11 chapters were the theology and so now we are into in light of who we are in Christ, in light of God’s goodness to us, this is how we should then live, not as kiwi’s or maori or samoan but as people of the kingdom. Romans 12 dealt primarily with functioning in the body, that is discerning God’s will, discovering your...»

«Hilary Term [2015] UKPC 13 Privy Council Appeal No 0023 of 2014 JUDGMENT Crédit Agricole Corporation and Investment Bank (Appellant) v Papadimitriou (Respondent) (Gibraltar) From the Court of Appeal of Gibraltar before Lord Neuberger Lord Mance Lord Clarke Lord Sumption Lord Toulson JUDGMENT DELIVERED BY LORD CLARKE ON 24 March 2015 Heard on 20 October 2014 Appellant Respondent Terence Mowschenson QC Stephen Moverley Smith QC John Restano QC Charles Simpson (Instructed by Myers (Instructed by...»

«Guido A. Podestá Interim Vice-Provost and Dean Division of International Studies University of Wisconsin-Madison 268 Bascom Hall Madison, Wisconsin 53706 (608) 262-5805 Home Address 210 N. Franklin Ave. Madison, Wisconsin 53705 (608) 238-2699 CURRICULUM VITAE EDUCATION Ph.D. 1987. University of Minnesota-Twin Cities. Spanish and Portuguese. Dissertation Title: Anacronismo y modernidad en los escritos de César Vallejo. Minor in Comparative Literature. M.A. 1983. University of Minnesota-Twin...»

<<  HOME   |    CONTACTS
2016 www.dissertation.xlibx.info - Dissertations, online materials

Materials of this site are available for review, all rights belong to their respective owners.
If you do not agree with the fact that your material is placed on this site, please, email us, we will within 1-2 business days delete him.