The Treaty of Waitangi; or, how New Zealand became a British Colony

Baron de Thierry was not a Frenchman in the narrow sense of the term, and his foreign associations were more imaginary than real. He was the son of a French noble refugee who had fled his country and had resided in England for many years. The Baron had been educated at Cambridge, had acquired English sympathies, and had been an officer in the 23rd Lancers, so that he was in sentiment if not by birth a subject of the King. When Hongi, the great Nga-Puhi chief, visited Cambridge in company with his compatriot Waikato and Mr. Kendall, to assist Professor Lee in the compilation of the Maori vocabulary, the Baron met the warrior chief, and became fired with the romance of the Pacific. There was much that was quixotic in his scheme of becoming a potentate amongst the savages of the South Seas, and it is possible it was not altogether devoid of benevolence.19 There is at least reason to believe that Baron de Thierry had persuaded himself that he also had a mission for the uplifting of the benighted, and that when he arranged with Mr. Kendall to purchase him an area of land at Hokianga whereon he proposed to set up his "kingdom," he did so more in the spirit of philanthropy than of mercenary adventure. The area alleged to be purchased by Mr. Kendall on behalf of the Baron was the considerable one of 40,000 acres, and the price paid was the inconsiderable one of 36 axes. The transaction was accompanied by the usual misunderstanding as to the real nature of the deal, the Baron declaring that the axes were payment in full, the natives contending they were but a deposit, or at the best payment for a much smaller area.

The chiefs treated his "sovereign rights and powers" with undisguised derision. They disavowed his territorial claims because they were made regardless of the fundamental principle underlying the Maori law of property – that all the people who have an interest in the land must consent to its sale. Subsequently the matter was compromised by Tamati Waaka Nēne conceding him a small area,20 to which he retired destitute of retainers, and surrounded only by the members of his own family.

The story of the Baron's landing in 1837, with much pomp and circumstance, under a salute of twenty-one guns, his dispute regarding Kendall's purchase, his final disappearance into obscurity, are, however, of secondary importance to our purpose. What is of vital interest is that the announcement in 1835 of his approaching advent galvanised the British Resident and the native chiefs into a state of anxious activity. Living as they were on the confines of civilisation, their information concerning events outside their own little world was necessarily of the scantiest. Their fears were thus often greater than their knowledge of the facts, and so in this emergency they had no difficulty in persuading themselves that an invasion by the French was at hand.

As a counterblast, Mr. Busby counselled that the chiefs should immediately crystallise the position taken up by Britain – that New Zealand was not a British possession – by unequivocally declaring their own independence. His policy was approved, and for the purpose of giving effect to it, thirty-five chiefs assembled at Mr. Busby's house at Waitangi, where in the presence of the resident Missionaries and merchants they evolved the following declaration,21 which brought into existence the much-questioned and questionable authority known as The Confederated Tribes of New Zealand.

It is not difficult to trace the Roman hand of the Resident throughout the document, especially as the Maori had no word in their language to express the idea of sovereignty; but it is only just to remark that in a subsequent despatch Mr. Busby drew the attention of Governor Bourke to the fact that the concluding paragraph, both in language and sentiment, originated with the chiefs:

DECLARATION OF INDEPENDENCE OF NEW ZEALAND

(1) We, the hereditary chiefs and head of the tribes of the Northern parts of New Zealand, being assembled at "Waitangi" in the Bay of Islands on this 28th day of October 1835, declare the independence of our country, which is hereby constituted and declared to be an independent state, under the designation of the United tribes of New Zealand.

(2) All Sovereign powers 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 the tribes in their collective capacity, who also declare that they will not permit any legislative authority separate from themselves in their collective capacity to exist, nor any function 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 the 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 Majesty the King of England, to thank him for his acknowledgment of their flag, and in return for the friendship and protection they have shown and are prepared to show to such of his subjects as have settled in their country, or resorted to its shores for the purpose of trade, they entreat that he will continue to be the parent of their infant State, and that he will become its protector from all attempts upon its independence.

Agreed unanimously on this 28th day of October 1835 in the presence of His Britannic Majesty's Resident.

English Witnesses:

(Translated by the Missionaries and certified to by James Busby, British Resident.)

Names of Chiefs signing Declaration of Independence, October 28, 1835

Awaroa.

Hare Hongi.

Hemi Kepa Tupe.

Ware Poaka.

Waikato.

Titore.

Moka.

Wharerahi.

Kewa.

Wai.

Reweti Atuahaere.

Awa.

Wiremu Te Ti Taunui.

Te Nana.

Pi.

Kaua.

Tareha.

Kawiti.

Pumuka.

Ke Keae.

Te Kamara.

Pomare.

Wiwia.

Te Tao.

Marupo.

Kopiu.

Warau.

Ngere.

Moetara.

Hiamoe.

Pukututu.

Te Peka.

Hone Wiremu Heke.

Paerara.

Erera Pare (te kai-tuhituhi).

Subsequent Signatures to the Declaration Of Independence

Nēne (Tamati Waaka).

Huhu.

Patuone.

Parore, June 25, 1837.

Towa.

Panakareao (Nopera).

Kiwi Kiwi, Jan. 13, 1836.

Tirarau, Feb. 9, 1836.

Hamurea Pita, March 29, 1836.

Tawhai.

Mate.

Kaha, June 25, 1837.

Te Morenga, July 12, 1837.

Mahia.

Taonui, Jan. 16, 1838.

Papahia, Sept. 24, 1838.

Hapuku, Sept. 25, 1838.

Te Wherowhero, July 22, 1839.22

A few days prior to this meeting at Waitangi and the proclamation of their independence by the chiefs, Mr. Busby issued (on October 10, 1835) a stirring appeal to his scattered countrymen, in which he announced that he had received from "a person who styles himself Charles Baron de Thierry, Sovereign chief of New Zealand, and King of Nukuheva, one of the Marquesas Islands, a formal declaration of his intention to establish in his own person an independent sovereignty in this country, which intention he states he has declared to their Majesties the Kings of Great Britain and France, and to the President of the United States, and that he is now waiting at Otaheite the arrival of an armed ship from Panama to enable him to proceed to the Bay of Islands with strength to maintain his assumed authority. His intention is founded on an alleged invitation given to him in England by Shunghee (Hongi) and other chiefs, none of whom as individuals had any right to the sovereignty of the country, and consequently possessed no authority to convey a right of sovereignty to another; also upon an alleged purchase made for him in 1822 by a Mr. Kendall of three districts on the Hokianga River from three chiefs who had only a partial property in these districts, parts of which are now settled by British subjects by virtue of purchase from the rightful proprietors. The British Resident has also seen an elaborate exposition of his views which this person has addressed to the Missionaries of the C.M.S., in which he makes the most ample promises to all persons, whether whites or natives, who will accept his invitation to live under his Government, and in which he offers a stipulated salary to each individual in order to induce him to act as his Magistrate. It is also supposed he may have made similar communications to other persons or classes of His Majesty's subjects, who are hereby invited to make such communications, or any information on this subject they may possess, known to the British Resident or to Lieutenant MacDonnell. The British Resident has too much confidence in the loyalty and good sense of his countrymen to think it necessary to caution them against turning a favourable ear to such insidious promises. He firmly believes that the paternal protection of the British Government which has never failed any of His Majesty's subjects, however remote, will not be withheld from them, should it be necessary to prevent their lives, liberties, or property from being subjected to the caprice of any adventurer who may choose to make this country, in which British subjects have now by the most lawful means acquired so large a stake, the theatre of his ambitious projects; nor in the British Resident's opinion will His Majesty, after acknowledging the sovereignty of the New Zealand chiefs in their collective capacity, by the recognition of their flag, permit his humble and confiding allies to be deprived of their independence upon such pretensions. But although the British Resident is of opinion that such an attempt as is now announced must ultimately fail, he nevertheless conceives that if such a person were once allowed to obtain a footing in the country, he might acquire such an influence over the simple-minded natives as would produce effects which could not be too much deprecated, or too anxiously provided against, and he has therefore considered it his duty to request the British settlers of all classes to use all the influence they possess with the natives of every rank in order to counteract the efforts of any emissaries who may have arrived or may arrive amongst them, and to inspire both chiefs and people with a spirit of the most determined resistance to the landing of a person on their shores who comes with the avowed intention of usurping a sovereignty over them. The British Resident will take immediate steps for calling together the native chiefs in order to inform them of this attempt upon their independence, and to advise them of what is due to themselves and to their country, and of the protection which British subjects are entitled to at their hands, and he has no doubt that such a manifestation will be exhibited of the characteristic spirit, courage, and independence of the New Zealanders, as will stop at the outset such an attempt upon their liberties, by demonstrating its utter hopelessness."

It is somewhat difficult to say, in the absence of contemporary newspapers, what impression was created in the public mind by the Resident's proclamation or by the native Declaration of Independence, but in due course the latter was, in accordance with the unanimous desire of the chiefs, "laid at the feet of His Majesty," and in the following year – so tardy was communication in those days – it was courteously, but guardedly acknowledged by Lord Glenelg, who wrote to Governor Bourke:

"With reference to the desire which the chiefs have expressed on this occasion, to maintain a good understanding with His Majesty's subjects, it will be proper that they be assured, in His Majesty's name, that he will not fail to avail himself of every opportunity of showing his goodwill, and of affording to those chiefs such support and protection as may be consistent with a due regard to others, and to the interests of His Majesty's subjects."

Left to its own devices, the native Confederation was faced with a task that proved altogether too exacting for its resources, and it cannot be claimed for the new authority that it remodelled the Government or reclaimed the dissolute society by which it was surrounded. Had it been possible to restrict the intercourse of the natives to the Missionaries and the more respectable portion of the settlers, they might, combined with the counsels of the Resident, have been speedily induced to form an effective administration amongst themselves, and that important stage once reached, they, with their quick intelligence, might have easily acquired a working knowledge of the higher principles of self-government. But thrust as they were in the midst of a strangely confused community, any such limitation was obviously impossible.

Even if it had been practicable, the irreconcilable differences which had sprung up between the Resident and the Missionaries, of which the natives were perfectly cognisant, necessarily detracted from the beneficial influence which an official in Mr. Busby's position might, and ought to have wielded.

The absence of the physical force which Mr. Busby pined for was unmistakably against the due observance of the ordinary decencies of life, for the people whom Captain Fitzroy had described as "ragamuffins," and Captain Hobson had still more emphatically condemned as "abandoned ruffians," were scarcely likely to be amenable to anything more gentle than the grip of the handcuff or the probe of the bayonet. It was therefore to but little purpose that the Confederation should pass ordinances which, if not respected, could not be enforced.

The difficulties of the Confederation accumulated with the increase of trade and population, both of which were growing rapidly. In the year 1836 no fewer than 93 British, 54 American, and 3 French ships put in at the Bay of Islands. The irregular settlement of white people at various spots along the coast had increased in like manner, until in the early part of 1838 a body of no less than 2000 British subjects had taken up their permanent abode in New Zealand. The part these people were playing in the scheme of civilisation was still small, if we are to accept as accurate the verdict of Dr. G. R. Jameson, who in his Travels in New Zealand has taken the responsibility of saying that from all he had seen and heard respecting the fixed traders, or the casual visitors for trade, it could be affirmed in the most positive terms that not one of them had ever attempted to teach a native to read or write, or to communicate to his mind one ray of Christian knowledge or of moral rectitude. With a few honourable exceptions they had been in their intercourse with the natives guided by one ruling impulse – the love of gain. Their predominant aim was ever and always to obtain the greatest possible quantity of pigs, potatoes, flax, maize, labour, or land in exchange for the smallest possible amount of tobacco, ammunition, and piece-goods.23

It was not alone, however, by the criminal taint of a large section of the population and this excessive hunger for trade that the seeds of continued anarchy were sown. A new evil was at hand which threatened to sap the independence of the Maori, and reduce them to a condition of speedy and abject poverty. This was the land hunger which about this time seized the white population of Australia. There the opinion had gripped the public mind that under the Declaration of Independence it would be possible to pursue in New Zealand the schemes of land aggregation which Sir George Gipps had checked in New South Wales. Under his new land regulations the price of land in that colony had been raised from 3s. to 12s. per acre, and hearing that large areas were to be obtained in New Zealand for less than the proverbial song, the speculators swarmed over to the Bay of Islands, and in the year 1837 the land fever in all its phases of "sharking," "jobbing," and legitimate purchase literally raged throughout the country. "What gold was to the Spaniard in Mexico the land at this period became to the English in these islands, and as the warlike aborigines most coveted the acquisition of firearms, they divested themselves of their only possessions in order to obtain those deadly instruments, which, together with ardent spirits, were the most potent means for the destruction of their race. Almost every captain of a ship arriving in Sydney exhibited a piece of paper with a tattooed native head rudely drawn upon it, which he described as the title-deed of an estate bought for a few muskets, hatchets, or blankets."

Several years elapsed before it was possible to reduce these frenzied bargains to tabulated form, but during the debate on New Zealand affairs, which occupied the House of Commons for three days in 1845, the representative for Westminster, the Hon. Captain Rous, R.N., put forward the following startling figures as authentic. A Mr. Webster, an American, he said, claimed to have purchased forty miles of frontage on the west side of the river Piako;24 a Mr. Painham claimed nearly the whole of the north coast of the Northern Island. Mr. Wentworth of New South Wales asserted his right to 20,100,000 acres in the Middle Island; Catlin & Co. to 7,000,000; Weller & Co. to 3,557,000; Jones & Co. to 1,930,000; Peacock & Co. to 1,450,000; Green & Co. to 1,377,000; Guard & Co. to 1,200,000, and the New Zealand Company to 20,000,000.

Yet another authority has stated that the whole of the South Island was claimed by a Company consisting of four gentlemen, in consideration of giving the chiefs a few hundred pounds in money and merchandise, and a life annuity of £100.25 Another individual, representing a commercial firm in Sydney, claimed several hundred thousand acres, including the township of Auckland, for which he paid as compensation one keg of gunpowder. The island of Kapiti was claimed by five different parties, each declaring they had purchased it, but each naming a different price. Some alleged they had paid £100, others goods to the value of £30, and so on, the only point of unanimity being that they were each able to produce something that resembled the signatures of Te Rauparaha or Te Rangihaeata.

In much the same way the district round Porirua was claimed by eight separate parties, each contending that Te Rauparaha had sold to them, and to them alone. Cooper, Holt & Rhodes of Sydney asserted they had paid merchandise to the value of £150 for a tract of country between the Otaki and Waikanae Rivers, running in an easterly direction forty miles from the mouth of the river, thirty miles in another direction, and ten miles along the coast. Mr. John Hughes, also of Sydney, claimed in part all the lands of Porirua for a distance of thirty miles, bounded by the sea on the one hand, and by the Tararua Range on the other.

In the general censure which followed upon the disclosure of these unseemly proceedings the Missionaries did not escape criticism, and are still, at times, subject to severest strictures on this question, as it affects public morals. Unjust as these strictures frequently are the purchase from Hongi, in 1819, of 13,000 acres at Kirikiri for forty-eight axes, by the Rev. Samuel Marsden,26 was one amongst other transactions which on the face of it seems to leave room for the gravest enquiry as to its propriety.27

If the Confederation of chiefs had been helpless in the face of social disorder, it was still more impotent to cope with the inroads of the speculator. The greed for land on the part of the Pakeha, and the hunger for muskets on that of the Maori, rendered futile all attempts to control the traffic by an already effete administration. The need for a wider application of authority and efficient Government at length found voice in a petition which was submitted to the King by the law-abiding settlers at Kororareka. The settlers, catechists, and Missionaries to the number of one hundred and ninety-two, headed by the Rev. Henry Williams, Chairman of the Church Mission, joined in the plea for protection.

During the course of their representations they made it clear that the attempt to evolve order out of chaos had utterly failed; that the Confederation of Chiefs was impotent in the face of existing evils; and, praying that His Majesty would graciously regard the peculiarity of their position, asked that he would afford them such relief as to him seemed most expedient.

TO THE KING'S MOST EXCELLENT MAJESTY

Sire – May it please Your Majesty to allow your faithful and loyal subjects at present residing in New Zealand to approach the throne, and crave your condescending attention to their petition which is called forth by their peculiar situation.

The present crisis of the threatened usurpation of power over New Zealand by Baron Charles de Thierry, the particulars of which have been forwarded to Your Majesty's Government by James Busby, Esquire, the British Resident, strongly urges us to make known our fears and apprehensions for ourselves and families, and the people amongst whom we dwell.

Your humble Petitioners would advert to the serious evils and perplexing grievances which surround and await them arising for the most part, if not entirely from some of Your Majesty's subjects, who fearlessly commit all kinds of depredations upon other of Your Majesty's subjects who are peaceably disposed. British property in vessels, as well as on shore, is exposed without redress to every imaginable risk and plunder, which may be traced to the want of a power in the land to check and control evils, and preserve order amongst Your Majesty's subjects.

Your Petitioners are aware that it is not the desire of Your Majesty to extend the colonies of Great Britain, but they would call Your Majesty's attention to the circumstance of several of Your Majesty's subjects having resided for more than twenty years past, since which their numbers have accumulated to more than five hundred, north of the River Thames alone, many of whom are heads of families. The frequent arrival of persons from England and the adjacent colonies is a fruitful source of further augmentation. Your Petitioners would therefore humbly call Your Majesty's attention to the fact that there is at present a considerable body of Your Majesty's subjects established in this Island, and that owing to the salubrity of the climate there is every reason to anticipate a rapidly rising colony of British subjects. Should this colony continue to advance, no doubt means would be devised whereby many of its internal expenses would be met as in other countries. There are numbers of land-holders, and the Kouri (Kauri) forests have become, for the most part, the private property of Your Majesty's subjects.

Your humble Petitioners would also entreat Your Majesty's attention to the important circumstance that the Bay of Islands has long been the resort of ships employed in the South Sea fishery and the Merchant Service, and is in itself a most noble anchorage for all classes of vessels, and is further highly important in affording supplies and refreshment to shipping. There are also several other harbours and anchorage of material importance to the shipping interests in situations where British subjects have possessions and property to a large amount. The number of arrivals of vessels in the Bay of Islands during the last three years has been considerably on the increase. At one period thirty-six were at anchor, and in the course of six months ending June 1836 no less than one hundred and one vessels visited the Bay.

Your Petitioners would further state that since the increase of the European population several evils have been growing upon them. The crews of vessels have frequently been descryed on shore, to the great detriment of trade, and numberless robberies have been committed on shipboard and on shore by a lawless band of Europeans, who have not even scrupled to use firearms to support them in their depredations. Your humble Petitioners seriously lament that when complaints have been made to the British Resident of these acts of outrage, he has expressed his deep regret that he has not yet been furnished with authority and power to act, not even the authority of a civil Magistrate to administer an affidavit.