THE DEED OF CESSION OF
Note. - One original of the Deed of Cession was
retained in
The two interlineations, referred to in the Interpreter's
certificate, initialled by him in the margin, and indicated below by asterisks,
were as follows: (1) in Sir Hercules Robinson's title, the adjective honorable,
used for the Order of Saint Michael and Saint George, was altered to distinguished;
(2) the article the was transposed from a position before bona fide
to that given in the text. The only other alterations were the correction of
certain individual letters, and the deletion of the phrase and the laws,
which had been duplicated in copying.
Instrument of Cession of the Islands of Fiji by Thakombau, styled Tui Viti
and Vuni Valu, and by the other high Chiefs of the said islands to Her Most
gracious Majesty Victoria, by the grace of God, of the United Kingdom of Great
Britain and Ireland Queen, Defender of the Faith, &c &c &c:
Whereas divers of the subjects of Her Majesty the Queen of Great Britain and
Ireland have from time to time settled in the Fijian group of islands and have
acquired property or certain pecuniary interests therein; And Whereas
the Fijian Chief Thakombau styled Tui Viti and Vuni Valu and the other high
native chiefs of the said islands are desirious [sic] of securing the promotion
of civilization and Christianity and of increasing trade and industry within
the said islands; And Whereas it is obviously desirable, in the
interests as well of the native as of the white population, that order and good
government should be established therein; And Whereas the said
Tui Viti and other high chiefs have conjointly and severally requested Her
Majesty the Queen of Great Britain and Ireland aforesaid to undertake the
government of the said islands henceforth; And Whereas in order
to the establishment of British government within the said islands the said Tui
Viti and other the several high chiefs thereof for themselves and their
respective tribes have agreed to cede the possession of and the dominion and
sovereignty over the whole of the said islands and over the inhabitants thereof
and have requested Her said Majesty to accept such cession,- which cession the
said Tui Viti and other high chiefs, relying upon the justice and generosity of
Her said Majesty, have determined to tender unconditionally,- and which cession
on the part of the said Tui Viti and other high chiefs is witnessed by their
execution of these presents and by the formal surrender of the said territory
to Her said Majesty; And Whereas His Excellency Sir Hercules
George Robert Robinson, Knight Commander of the most distinguished* order of
Saint Michael and Saint George, Governor Commander in Chief and Vice Admiral of
The British Colony of New South Wales and its dependencies, and Governor of
Norfolk Island, hath been authorised and deputed by Her said Majesty to accept
on Her behalf the said Cession:
Now
These Presents Witness,
1. That the possession of and full sovereignty and dominion over the whole of
the group of islands in the South Pacific Ocean known as the Fijis (and lying
between the parallels of latitude of fifteen degrees South and twenty two
degrees South of the Equator and between the Meridians of longitude of one
hundred and seventy seven degrees West and one hundred and seventy five degrees
East of the meridian of Greenwich) and over the inhabitants thereof, together
with the possession of and sovereignty over the waters adjacent thereto and of
and over all ports harbours havens roadsteads rivers estuaries and other waters
and all reefs and foreshores within or adjacent thereto, are hereby ceded to
and accepted on behalf of Her said Majesty the Queen of Great Britain and
Ireland her heirs and successors, to the intent that from this time forth the
said islands and the waters reefs and other places as aforesaid lying within or
adjacent thereto may be annexed to and be a possession and dependency of the
British Crown.
2. That the form or constitution of government, the means of the maintenance
thereof, and the laws* and regulations to be administered within the said
islands shall be such as Her Majesty shall prescribe and determine.
3. That, pending the making by Her Majesty as aforesaid of some more permanent
provision for the government of the said islands His Excellency Sir Hercules
George Robert Robinson, in pursuance of the powers in him vested and with the
consent and at the request of the said Tui Viti and other high Chiefs the
ceding parties hereto, shall establish such temporary or provisional government
as to him may seem meet.
4. That the absolute proprietorship of all lands not shown to be now alienated
so as to have become bona fide the* property of Europeans or other foreigners
or not now in the actual use or occupation of some Chief or tribe or not
actually required for the probable future support and maintenance of some chief
or tribe shall be and is hereby declared to be vested in Her said Majesty her
heirs and successors.
5. That Her Majesty shall have power, whenever it shall be deemed necessary for
public purposes, to take any lands upon payment to the proprietor of a
reasonable sum by way of compensation for the deprivation thereof.
6. That all now existing public buildings houses and offices, all enclosures
and other pieces or parcels of land now set apart or being used for public
purposes, and all stores fittings and other articles now being used in
connection with such purposes are hereby assigned transferred and made over to
Her said Majesty.
7. That on behalf of Her Majesty His Excellency Sir Hercules George Robert
Robinson promises (1.) that the rights and interests of the said Tui Viti and
other high chiefs the ceding parties hereto shall be recognised so far as is
and shall be consistent with British Sovereignty and Colonial form of
government, (2.) that all questions of financial liabilities and engagements
shall be carefully scrutinized and dealt with upon principles of justice and
sound public policy, (3.) that all claims to title to land by whomsoever
preferred and all claims to pensions or allowances whether on the part of the
said Tui Viti and other high chiefs or of persons now holding office under them
or any of them shall in due course be fully investigated and equitably
adjusted.
In Witness whereof, the whole of the contents of this instrument
of Cession having been, previously to the execution of the same, interpreted
and explained to the ceding parties hereto by David Wilkinson Esquire, the
interpreter nominated by the said Tui Viti and the other high chiefs and
accepted as such interpreter by the said Sir Hercules George Robert Robinson,
the respective parties hereto have hereunto set their hands and seals.
Done at Levuka this tenth day of October, in the year of Our Lord
one thousand eight hundred and seventy four.
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Cakobau R. Tui Viti and Vunivalu |
(Seal) |
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Maafu |
(Seal) |
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Hercules Robinson |
(Seal) |
Tui Cakau |
(Seal) |
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Ratu Epeli |
(Seal) |
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Vakawalitabua Tui Bua |
(Seal) |
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Savenaca |
(Seal) |
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Esekele |
(Seal) |
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B. V. Tui Dreketi |
(Seal) |
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Ritova |
(Seal) |
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Kato-nivere |
(Seal) |
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Ratu Kini |
(Seal) |
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Matanitobua |
(Seal) |
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Nacagilevu |
(Seal) |
I
hereby certify that, prior to the execution of the above Instrument of Cession
- which execution I do hereby attest - I fully and faithfully interpreted and
explained to the ceding parties the whole of the contents of the said document,
the interlineations appearing on line 33 of page 1 and on line 30 of page 2
having been first made, and that such contents were fully understood and
assented to by the said ceding parties. Prior to the execution of the said
instrument of Cession I wrote out an interpretation of the same in the Fijian
language, which interpretation I read to the Tui Viti and other high chiefs the
ceding parties, who one and all approved thereof. A copy of such interpretation
is hereto annexed marked A. Dated this tenth day of October, A.D. 1874.
D. WILKINSON
Chief Interpreter
The interpreter named
in the foregoing instrument of Cession