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

A move was then made towards the tents by the whole party, closely followed by the natives, who crowded under the canvas with no small excitement and hustle. Some preliminary details – such as the arrangement of tables at which the chiefs could sign – having been completed, the Governor and party then ascended the platform, and Captain Hobson announced that this not being a regularly convened public meeting he could not permit of any discussion on the merits of the treaty. The business, therefore, would be confined to accepting the signatures of those chiefs who were willing and ready to sign.

At this juncture a message came to His Excellency from Bishop Pompallier, stating that he and his priest were at that moment resting in Mr. Busby's house, and were anxious to be present at the meeting. Lieutenant Shortland was immediately despatched to bring the Bishop in, and on his entering he was welcomed and invited to occupy the seat he had filled on the previous day.

The business was resumed by Captain Hobson proposing that Mr. Henry Williams should read the treaty from the parchment on which it had been engrossed, as that which had been submitted to them on the preceding day had been merely the original draft. This office was performed by Mr. Williams, whereupon Bishop Pompallier leaned over to the Governor and asked that the natives might be informed that all who should join the Catholic Church should have the protection of the British Government.

Captain Hobson, with much blandness of gesture and expression,86 replied, "Most certainly," and proceeded to express his regret that the Bishop had not made known his wishes earlier, as in that event the provision "would have been embodied in the treaty."

Turning then to Mr. Williams, he said: "The Bishop wishes it to be publicly stated to the natives that his religion will not be interfered with, and that free toleration will be allowed in matters of faith. I should therefore thank you to say to them that the Bishop will be protected and supported in his religion – that I shall protect all creeds alike."

"I presume the same protection will be offered to all?" remarked Mr. Williams; to which the Governor replied, "Certainly."

"What need, then," asked Mr. Williams, "is there to burden the proceedings with such an announcement if all are to have protection alike?"

To this the Governor replied that as the Bishop was anxious that the announcement should be made, he would feel obliged if Mr. Williams would deliver it to the meeting.

Mr. Williams then proceeded to address the natives: "Na, e mea ana te Kawana" – "Attend, the Governor says." Here, however, he felt the matter was one of such magnitude that he could not afford to treat it in a casual way, and he expressed this opinion to his fellow Missionary, Mr. Clarke, who was standing near him.

"Pray, sir, write it down first, as it is an important sentence," suggested Mr. Colenso.

Mr. Williams, taking pencil and paper, then wrote as follows: "The Governor wishes you to understand that all the Maoris who shall join the Church of England, who shall join the Wesleyans, who shall join the Pikopo, or Church of Rome, and those who retain their Maori practices shall have the protection of the British Government."

This he handed to the Governor, who passed it on to the Bishop, who, having read it, said in English, "Oh yes, that will do very well."

The statement was read to the meeting, and if Mr. Williams is to be accepted as an authority, it was received in silence, the natives not knowing what it meant.87 Bishop Pompallier then rose and, bowing to the Governor, left the meeting.

These preliminaries having been satisfactorily disposed of, the chiefs were as a body invited to come forward and append their signatures to the treaty. To this invitation no one responded for a time, none caring to be the first to take what might prove to be a precipitate step. For several minutes the Maori mind hung in this state of doubt and indecision until Mr. Busby hit upon the expedient of calling upon the chiefs by name. He had prepared a list for his own information of those eligible to sign, and by a fortunate circumstance the name of Hone Heke stood first upon that list. Heke, who had proved himself such a redoubtable advocate of the treaty, came forward frankly enough when thus directly appealed to, and was about to sign, when Mr. Colenso interposed by asking the permission of the Governor to clear up one point upon which grave doubts had been raised in his mind as the result of his mingling with the natives since the earlier meeting. This permission was readily granted, whereupon Mr. Colenso said, "May I ask Your Excellency whether it is your opinion that these natives understand the articles of the treaty which they are now called upon to sign?"

He was proceeding to say that he had that morning arrived at a different conclusion, when Captain Hobson interrupted him with the remark: "If the native chiefs do not know the contents of this treaty it is no fault of mine. I wish them to fully understand it. I have done all that I could to make them understand the same, and I really don't know how I shall be enabled to get them to do so. They have heard the treaty read by Mr. Williams."

"True, Your Excellency," rejoined Mr. Colenso, "but the natives are quite children in their ideas. It is no easy matter to get them to understand – fully to comprehend a document of this kind; still I think they ought to know somewhat of it to constitute its legality. I speak under correction, Your Excellency. I have spoken to some of the chiefs concerning it, who had no idea whatever as to the purport of the treaty."

Here Mr. Busby joined in the discussion by reminding Mr. Colenso that the best answer that could be given to his observation would be found in the speech made yesterday by the very chief about to sign, Hone Heke, who said "the native mind could not comprehend these things; they must trust to the advice of their Missionaries."

"Yes, that is the very thing to which I was going to allude," replied Mr. Colenso. "The Missionaries should do so, but at the same time the Missionaries should explain the thing in all its bearings to the natives, so that it should be their very own act and deed. Then in case of a reaction taking place, the natives could not turn round on the Missionary and say, "You advised me to sign that paper, but never told me what were the contents thereof."88

Captain Hobson, who had evidently not contemplated this contingency, expressed the hope that no such reaction would take place. "I think," he said, "that the people under your care will be peaceable enough: I am sure you will endeavour to make them so. And as to those that are without, why, we must endeavour to do our best with them."

This attitude on the part of the Governor sufficed to satisfy Mr. Colenso, who had no desire to be contumacious, but having conscientious doubts upon the native grasp of a subject necessarily foreign to their tribal policy, he felt it his duty to give full expression to those doubts, and he thanked His Excellency for having given him the opportunity to do so.

Hone Heke then put his name upon the parchment,89 and as if to answer the objection raised by Mr. Colenso, he told the people in a brief speech that he fully approved of the proceeding, as they all needed protection from every foreign power, and they well knew the fostering care of the Queen of England towards them.

With so propitious a lead there was no further hesitancy on the part of the remaining chiefs, and the process of recording their signatures went merrily on. While it was proceeding, Marupo, a chief of the Whanaurara tribe, and Ruhe, a chief of the Ngatihineira tribe, were busy making violent speeches against the treaty. Both warriors delivered themselves in the style characteristic of their people when they have serious business on hand, running sharply up and down a beaten avenue, gesticulating energetically, stamping their feet, and pouring out their denunciations with a volubility that was difficult to follow. Marupo, who had discarded all his clothing except a piupiu made of reeds which hung round his waist, was especially determined in his opposition, continuing his harangue until voice and body failed from sheer physical exhaustion.

Then realising that his oratory had not turned the tide of public opinion, and that the adoption of the treaty was inevitable, he and his compatriots, appreciating the advantage of being on the popular side, joined the ranks of the signatories and drew their moko90 upon the parchment.

Marupo signalised his conversion by shaking hands heartily – even violently – with the Governor, and desired to confirm the new-formed friendship by seizing the Governor's hat, which was lying on the table, and putting it upon his head.

The next of the insurgents to surrender was the versatile but volatile Te Kemara, who, when he had succumbed to the pressure of the popular will, volunteered the statement that he had been influenced in his opposition by the French Bishop, who had told him "not to write on the paper, for if he did he would be made a slave."

The only chief of high standing who was present and had not now signed the treaty was Rewa, but his obduracy was at length overcome, he yielding to the persuasions of his tribal friends, supported by the advice of the Church Missionaries, and when at length he drew his curious hieroglyphics upon the parchment, he too admitted that his opposition had been wholly inspired by the Bishop, who had earnestly interceded with him not to become a party to the treaty.

Captain Hobson, who had apparently recovered from his recent indisposition, appeared to be in the cheeriest of spirits, and as each chief signed the treaty he took him by the hand, and repeating in Maori "He iwi tahi tatou" – "We are now one people" – paid a little compliment to the native race that was hugely appreciated by the recipients.91

During the course of the morning small contingents of natives had been arriving from distant parts, who had not been present at the previous day's proceedings owing to the unavoidable delay in receiving their summoning circulars, but after brief explanations by their friends, they, without exception, subscribed to the Queen's proposal to give their country a stable Government. Altogether forty-five chiefs signed the treaty on this eventful February 6, but they were for the most part men of only moderate influence, and with the exception of Waaka Nēne, and his brother Eruera Patuone, who hailed from Hokianga, and Kauwhata, Wharau, and Ngere, from Wangaruru, all were resident within the immediate vicinity of the Bay of Islands. Twenty-six of these, however, had signed the much-despised Declaration of Independence five years before, and Captain Hobson so far concluded that their acquiescence in his present mission "must be deemed a full and clear recognition of the sovereign rights of Her Majesty over the northern parts of this Island," that he immediately arranged with Captain Nias to announce the cession on the morrow with a salute of twenty-one guns from the deck of the Herald.92

Having now concluded the official portion of the business, Captain Hobson, who had conducted the whole of the proceedings with conspicuous patience and ability, left the meeting under a volley of cheers from the natives, which resounded through the hills and across the sunny waters of the Bay.

"In the course of these proceedings," wrote Captain Hobson to Sir George Gipps, "I have courted the utmost publicity, and I have forborne to adopt even the customary measure of propitiating the consent of the chiefs by promises of presents, and not until the treaty was signed did I give them anything. To have sent them home without some acknowledgment would have been a violation of their customs, and would have given offence. I therefore distributed a few articles of trifling value before they separated."

This distribution was entrusted to Mr. Colenso, each chief who had signed the treaty receiving two blankets and a quantity of tobacco, and "by dint of close and constant attention," reports that gentleman, "the said distribution went off well without any mishap or hitch."

Next morning broke with a grey sky and rain so incessant as to dissipate all hope of holding the contemplated meeting. Neither was it deemed advisable under such depressing circumstances to proclaim the event by a Royal salute, so that by a strange perversion of fate, Friday the 7th, which was to have been the day of days, passed off cold, bleak, and uneventful. It was not, therefore, until Saturday the 8th that the proceedings, so far as they had gone, were fully consummated. This was accomplished amidst the floating of bunting and the booming of guns, for upon this bright and sunny day it may be said that New Zealand became a British colony, and what some of us are vain enough to regard as the brightest jewel in Britain's Crown.93

CHAPTER V

IN SEARCH OF SIGNATURES

Although Captain Hobson had every reason to be gratified with the result of his mission at Waitangi, it was perfectly obvious that the signatures obtained there were only sufficient to give him jurisdiction over a very circumscribed area of country. It was equally evident that if the full intentions of the British Government were to be given effect to, it would be necessary to put into practice the Mahomedan principle and go to the mountain, since the mountain had failed to come to him. He accordingly arranged a campaign by which the districts north of the Bay of Islands would be visited, either by himself personally, or by his duly accredited officers. Pursuant to this arrangement on the morning of the 10th, the Lieutenant-Governor (accompanied by Captain Nias) and his suite left the Bay of Islands and rode over to the Mission station at Waimate, where on the 12th they held a meeting and obtained the signatures of all the chiefs present. With two of the Church Missionaries, Messrs. Taylor and Clarke, added to his company, Captain Hobson left Waimate next day and continued his journey to Hokianga, where it was anticipated a great meeting would be held. On arriving at Waihou, a settlement on the banks of the river about seven miles above the Wesleyan Mission station, – for he was now within the Wesleyan sphere of influence, – the Governor was met by the members of the Mission and all the principal European settlers in the neighbourhood. Here he received, probably in the form of an address, the warmest assurances of the settlers' fidelity to the Queen, and the most hearty congratulations to himself upon his selection as her representative.

From this point the journey was continued by boats supplied by the settlers, and the progress down the river was marked by frequent evidences of cordiality and even enthusiasm. On passing the settlement at Hauraki a salute of thirteen guns was fired from a miniature fort of European construction, and on arrival at the Mission station the Governor was again the recipient of congratulations from the settlers and the Missionaries.

In response to these graceful felicitations Captain Hobson delivered a brief address, in which he expressed the high sense he entertained of this earnest of their loyal zeal in forwarding the views of Her Majesty's Government, and of the honour they had conferred upon him personally by their flattering attention. At the same time Captain Hobson took occasion to announce that in accordance with notices already published, he proposed to hold a meeting of the chiefs there next day, to which a cordial invitation was extended to the European population of every class and nation.

The novelty of the occasion was not without its influence upon the natives, and upon a careful estimate it is computed that there were not less than 3000 at the station next morning, of whom between 400 and 500 were chiefs of varying rank and importance. Thus everything promised well. But at the hour appointed for the assembly it was observed that there was a great disinclination on the part of the chiefs to associate themselves with the movement. Some were reticent, others morose, more were openly hostile, and that to such an extent it was manifest they were not approaching the subject with unprejudiced minds, and it required no keen observer to detect that an unfavourable spirit prevailed amongst them. By the exercise of a little judicious manœuvring, however, they were at length induced to admit that there could be nothing derogatory in at least hearing what message the Governor had to deliver, and after some delay they were induced to form into procession and march to the place of meeting.

The business of the day commenced in much the same manner as it had done at Waitangi and Waimate, the Rev. Mr. Hobbs, of the Wesleyan Mission, acting as interpreter. After a short address to the Europeans, Captain Hobson entered into a full explanation to the chiefs of the views and motives of Her Majesty in proposing to extend to New Zealand her powerful protection. He then, as on previous occasions, read the treaty, expounded its provisions, offered to elucidate all doubtful points, and invited the freest discussion. "This undisguised manner of proceeding," wrote Captain Hobson to Sir George Gipps, "defeated much of the opposition, but did not, to the extent of my wish or expectation, remove the predetermination to oppose me that had already been manifested. The New Zealanders are passionately fond of declamation, and they possess considerable ingenuity in exciting the passions of the people. On this occasion all the best orators were against me,94 and every argument they could devise was used to defeat my object."

The debate was opened by Aperahama Taonui, who rose and said: "We are glad to see the Governor. Let him come to be a Governor to the Pakehas. As for us we want no Governor; we will be our own Governor. How do the Pakehas behave to the black fellows at Port Jackson? They treat them like dogs! See a Pakeha kills a pig; the black fellow comes to the door and eats the refuse."

"What is the Governor come for?" exclaimed Papahia. "He, indeed! He to be high, very high, like Maungataniwha (a high hill near Hokianga) and we low on the ground; nothing but little hills. No, no, no! Let us be equal; why should one hill be high and another low? This is bad."

Moses (Mohi Tawhai) – "How do you do, Mr. Governor? All we think is that you come to deceive us. The Pakehas tell us so, and we believe what they say; what else?"

Taonui – "We are not good (or willing) to give up our land. It is from the earth we obtain all things. The land is our Father; the land is our chieftainship; we will not give it up."

"No, no," cried Kaitoke; "no, Mr. Governor, you will not square out our land and sell it. See there, you came to our country, looked at us, stopped, came up the river, and what did we do? We gave you potatoes, you gave us a fish-hook; that is all. We gave you land, you gave us a pipe, that is all. We have been cheated, the Pakehas are thieves. They tear a blanket, make two pieces of it, and sell it for two blankets. They buy a pig for one pound in gold, and sell it for three. They get a basket of potatoes for sixpence, sell it for two shillings. This is all they do; steal from us, this is all."

Here the voluble Taonui again broke in upon the proceedings with some observations which were so clearly not of native origin as to convince Captain Hobson that he had not only the natural Maori ignorance and suspicion to contend with, but powerful counter-influences originating with the Europeans.

"Ha, ha, ha, this is the way you do," cried Taonui. "First your Queen sends Missionaries to New Zealand to put things in order, gives them £200 a year. Then she sends Mr. Busby to put up a flag, and gives him £500 a year, and £200 to give to us natives. Now she sends a Governor."95

"Speak your own sentiments, not what bad men have told you," retorted Captain Hobson.

"I do," replied Taonui. "I have not been to Port Jackson, but I know Governors have salaries."

The Governor again felt compelled to interpose, and accused the speaker of being prompted by designing Europeans.

This fact Taonui frankly admitted, and, turning to the assembly, called for his Pakeha adviser to come forward and sustain his allegations. "This call was reiterated by me," says Captain Hobson, "when a person named Manning96 presented himself. I asked him his motive for endeavouring to defeat the benevolent object of Her Majesty, whose desire it is to secure to these people their just rights, and to the European settlers peace and civil Government."

Manning's reply was that he conscientiously believed that the natives would be degraded under British rule and influence, and that therefore he had advised them to resist the persuasions of the Governor and the Missionaries in favour of the treaty, admitting at the same time that the laws of England were requisite to restrain and protect British subjects, but to British subjects alone should they be applicable.

"But are you not aware that English laws can only be exercised on English soil?" asked Captain Hobson.

"I am not aware," replied Manning, "I am not a lawyer."

"Then that will do. Resume your seat," commanded Hobson.

The Lieutenant-Governor then proceeded to tell the chiefs that their Pakeha friend had given them advice in utter ignorance of the most important principle that British laws could not be enforced on a foreign soil, and that their only hope of protection against unscrupulous Europeans was to become a party to the treaty.

"If you listen to such counsel," he continued, "and oppose me, you will be stripped of all your lands by a worthless class of British subject, who will consult no interest but their own, and who care not how much they will trample upon your rights. I am sent here to control such people, and to ask from you the authority to do so."

This spirited little speech was responded to by what Captain Hobson has called "a song of applause." Several chiefs who had been silently sympathetic with the Governor now sprang up actively in his support, and by their championship changed the whole spirit of the debate.

"Welcome, welcome, welcome, Governor!" cried Ngaro. "Here are the Missionaries; they come to the land, they bought and paid for it, else I would not have them. Come, Come! I will have the Governor. No one else perhaps will say 'Yes,' but I, Ngaro, I will have him. That is all I say."

Moses (Mohi Tawhai) – "Where does the Governor get his authority? Is it from the Queen? Let him come; what power has he? Well, let him come, let him stop all the lands from falling into the hands of the Pakehas. Hear, all ye Pakehas! Perhaps you are rum-drinkers, perhaps not; hear what is said by us. I want all to hear. It is quite right for us to say what we think; it is right for us to speak. Let the tongue of every one be free to speak; but what of it? What will be the end? Our sayings will sink to the bottom like a stone, but your sayings will float light, like the wood of the Whau-tree, and always remain to be seen. Am I telling lies?"

Kaitoke, who had previously delivered a hostile speech, again openly maintained his opposition by interjecting, "Let us choose our own Governor."

These sentences, democratic though they were to the last degree, found no sympathy with Rangatira Moetara, who followed with a brief speech.

"Welcome, Mr. Governor! How do you do? Who sold our land to the Pakehas? It was we ourselves by our own free will; we let it go, and it is gone, and what now? What good is there in throwing away our words? Let the Governor sit for us."

Moses (Mohi Tawhai) – "Suppose the land has been stolen from us, will the Governor enquire about it? Perhaps he will, perhaps he will not. If they have acquired the land by fair purchase, let them have it."

Taonui, upon whom the refutation of Manning by the Governor had evidently had a marked effect, again rose and said:

"Lo, now for the first time my heart has come near to your thoughts. I approach you with my whole heart. You must watch over my children; let them sit under your protection. There is my land too; you must take care of it, but I do not wish to sell it. What of the land that is sold? Can my children sit down on it? Can they – eh?"

Here the chiefs Waaka Nēne, his brother Patuone, Rangatira, and Taonui stepped forward and chanted a song of welcome to the Governor, after which Nēne made the following speech: