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1 9 6 APPENDIX.
. 2. All sovereign power and authority within the territories of the
United Tribes of New Zealand is hereby declared to reside entirely,
and exclusively, in the hereditary chiefs and heads of tribes in their
collective capacity: who also declare that they will not allow any
legislative authority separate from themselves in their collective
capacity to exist; nor any functions of government to be exercised
within the said territories, unless by persons appointed by them,
and acting under the authority of laws regularly enacted by them in
congress assembled.
3. The hereditary chiefs and heads of tribes agree to meet in
congress at Waitangi, in the autumn of each year, for the purpose
of framing laws for the dispensation of justice, the preservation of
peace and good order, and the regulation of trade; and they cordially
invite the southern tribes to lay aside their private animosities,
and to consult the safety and welfare of our common country, by
joining the confederation of the United Tribes.
4 . They also agree to send a copy of this declaration to his IVIajesty
the king of England, to thank him for his acknowledgment of
their ttag: and in return for the friendship and protection they have
shewn, and are prepared to shew to such of liis subjects as have
settled in their country, or resorted to its shores for the purposes of
b-ade, they entreat that he will contmue to be the parent of their
infant state, and that he will become its protector from all attempts
upon its independence.
Agreed to unanimously on this 28th day of October 1835, in the
presence of his Britannic Majesty's Resident.
Here follow the signatures, or marks, of thirty-five hereditary
cliiefs and heads of tribes, which form a fiiir representation of the
tribes of New Zealand, from the North Cape to the latitude of the
river Thames.
Enghsh witnesses,
( S i g n e d ) HENEY WILLIAMS, Missionary C . M . S.
G E O . CLARKE, C. M . S.
J A M E S C . CLENDON, Merchant.
G I L B E R T MAIN, Merchant.
I certify that the above is a correct copy of the declaration of the
chiefs, according to the translation of missionaries who have resided
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A P P E N D I X . 197
ten years and upwards in tlie country, and it is transmitted to his
most gracious Majesty the King of England, at the unanimous
request of the chiefs.
J A M E S BUSBY,
British Resident at Ne w Zealand.
No. 37.
Colonial Secretary's Office, Sydney,
SIR: 29th June 1835.
I am directed by the governor to inform you that he has received
a despatch from the right honourable the Secretary of State for the
Colonies, communicating the representation made by you of the
advantages which would result to you personally, as well as to other
Europeans who have settled in the district in which you reside, by
your being invested with an appointment corresponding to that
lately conferred upon Mr. James Busby ;—the extreme distance of
that gentleman fi-om the quarter in which you and other European
settlers reside, preventing him from rendering that assistance which
he might otherwise be expected to afford :—and I am accordingly
commanded by Sir Richard Bourke to acquaint you, that in pursuance
of the authority thus conveyed, his Excellency has been pleased
to nominate you to be an " Additional British Resident" at New
Zealand.
The creation of the appointment held by Mr. Busby originated in
the desire of checking the atrocities and irregularities committed
at Ne w Zealand by Europeans, and of giving encouragement and
protection to the well-disposed settlers and traders from Great Britain
and this colony ; and as the general rules by which it is the
wish of this government that the British resident should regulate his
proceedings, should also guide you in cases m which you may feel
yourself called upon to act—
I am directed by his Excellency to transmit to you the enclosed
extract of the instructions (13th April 1833) issued to Mr. Busby on
his departure to assume the duties of his office.
By an adherence to the principles laid down in these orders, and
their discreet application to circumstances, it is hoped that you will
not be disappomted in your expectation of being enaliled to benefit
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