Formation[ edit ] At common law, the elements of a contract are offer, acceptance, intention to create legal relations, and consideration. Not all agreements are necessarily contractual, as the parties generally must be deemed to have an intention to be legally bound.
I have been invited by Mr. Murray to write a few words of introduction to his book on Papua. As I spent the best ten years of my life—less six months on leave of absence—in that country, it will naturally always possess an interest for me.
I therefore welcome Mr. Murray's work, because he has had opportunities of seeing into the heart of things in New Guinea in a way that no previous writer on that country could ever lay claim to. I understand that Mr. Murray's book deals in considerable detail with the history of Papua.
History seldom reaches a full analysis of the kernel of things; and, so far, none of those best acquainted with Papua have written otherwise than officially regarding it. My attention was first called to New Guinea inby a private letter from the late Lord Stanmore, then in London on leave of absence from Fiji, begging me to use my custom writing pads australia immigration efforts to prevent the officer then performing the duties of High Commissioner from proceeding to Port Moresby to deal with custom writing pads australia immigration state of affairs that had arisen in consequence of the discovery of gold some short time previously.
In April,I was studying in Berlin under a tutor who had formerly been a professor in the University there, but was then an editor on the National Zeitung. His first news to me one morning was that Queensland had annexed New Guinea. I said at once that if not previously sanctioned by the Imperial Government, it would certainly be disallowed.
He was able to go at once and write a leader on the subject. The death of that fine officer before he had really settled down to work was a very great loss to the Protectorate.
There can be no doubt that Sir Peter Scratchley would have been a just and enlightened ruler had his life been spared. His memory is preserved in Mount Scratchley, a magnificent mountain mass over 12, feet high, round the great base of which were found gold and the rare and very precious mineral osmiridium.
When I first came to the Pacific, inGreat Britain could probably have annexed, without protest, every island in it not already in possession of a foreign Power.
There were many statesmen in Australia that could see the importance of taking advantage of this state of matters.
The best papers on the subject, dealing specially with New Guinea, are reports by the Agents-General, and by Sir Arthur Gordon, respectively, strongly urging annexation. These representations failed to rouse the Imperial Government to action.
The world is now marked out in claims by the Great Powers in such a way that it would be hardly possible to have another annexation of primitive new territory; and it may therefore be interesting to record here how this was done in the case of New Guinea.
This will be learned from the following copy of Mr. Chester's instructions, received by him by telegraph, March 20, Duff in charge during your absence. The Premier leaves to your discretion to determine on what part of the coast to land, but in carrying out this duty it is expected that you will do all in your power to conciliate the natives, for whom you had better take a supply of the usual trade.
When Moresby took possession of Hayter Island he rigged a flagstaff on shore, and read the following proclamation: God Save the Queen. A similar mode of procedure I presume it will be necessary for you to take.
After these formalities you will return on to Thursday Island and fully report to the Colonial Secretary what you have done. On that account he looked back with pride on the action that Queensland had taken with regard to New Guinea.
It did not spring from a paltry desire to get more land, for they already had , acres, with a population of only ,; nor from a wish to get niggers to work on the sugar plantations, because they knew that the natives of New Guinea were not fitted for the work, but simply for the purpose of preventing bad neighbours from coming near them, and in order to become part and parcel of the British Empire.
But Sir Thomas MacIlwraith was a man that was always well acquainted with his own mind, and knew perfectly well that the weak point of Australia will for many generations to come be the want of population. We went to New Guinea solely and simply to serve our own ends, and this fact should never be forgotten in dealing with the natives of that country.
The Queen's sovereignty was thus declared over a new country with a superficial area exceeding 90, square miles, without a single soldier or policeman to support the new administration.
This may, perhaps, be regarded with some right as the first political example of "peaceful penetration. The position of the Administrator was not unlike that of a man dropped into deep water with his hands tied behind his back, and is worth recalling on account of some winged words of Captain Bosanquet, who frankly informed me he was specially instructed to not land any men for police or similar duty in the possession; "but," he added, "if I see you fellows beset anywhere with your back to a wall, I shall not look on with indifference.
The great tasks before one were: First of all to consider the form in which legislation should be initiated and carried out, so that when the proper time came New Guinea should become part of federated Australia, with a native population intact, without which the possession would be useless.
There was, of course, no legislature to begin with. The most important laws were those that dealt with land.
The Land Law was drafted by me, but was very carefully revised by Sir Samuel Griffith, with whom, on this fundamental question, I was in complete accord. It is the palladium of Papau. I understand that it is claimed that the Land Laws as now modified in Papau are held up as being a model, on liberal principles.
It may reasonably be doubted whether land laws that do not grant titles in fee simple are liberal or not.
But that is a mere matter of academical detail compared to the security of native tenure provided by the original Land Law of Papua, for which the natives of that country owe a debt of gratitude to the Right Honourable Sir Samuel Griffith, without whose concurrence it could never have been passed.As a specialist note pad supplier, we will deliver your promotional or custom printed note pad order free throughout Australia.
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