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

"Listen to me, Governor; all of you listen to me. This is my speech. If the Baron de Thierry wishes to claim my land, why is he not here to-day? No, no; it was never sold to him. Does he think he will have it? No, no; he shall not have any of it. This is all I have to say."

A chief, Hone Kingi Raumati, whose baptismal name was John King, next delivered a sympathetic address: "My speech is to the Governor. This is what I have to say. It was my father, it was Muriwai, told me to behave well to the Pakehas. Listen, this is mine; you came, you found us poor and destitute. We on this side say, 'Stay and sit here.' We say, 'Welcome, welcome'; let those on the other side say what they like. This is ours to you. Stay in peace. Great has been your trade with our land. What else do you come for but to trade? Here am I. I who brought you on my shoulders.97 I say come; you must direct us, and keep us in order; that is all mine to you. If any one steal anything now there will be payment for it. I have done my speech."

A chief whose name does not seem to have been preserved by the chronicler of the meeting, but who had support for the Governor in his words, said: "How do you do? Here am I, a poor man; and what is this place? A poor place, but this is why you have come to speak to us to-day. Let the Pakehas come and I have not anything to say against it. There is my place, it is good land; come and make it your sitting-place – you must stay with me. That is all."

The last speech was that of Daniel Kahika: "What indeed!" he said in indignant tones. "Do you think I will consent to other people selling my land? No, truly. If my land is to be sold I will sell it myself. But no, I will not sell my land. I do not like the Pakehas to tease me to sell my land. It is bad. I am quite sick with it. This is my speech."

So closed the debate at Hokianga. Apologies were freely offered by the opposing chiefs, the most prominent of whom at once came forward and signed the treaty.

"When the example had once been shown," wrote Captain Hobson, "it was with difficulty I could restrain those who were disentitled by their rank from inserting their names. Upwards of fifty-six signatures were given,98 and at twelve o'clock at night the business closed. Before the last of the party were dismissed it was intimated to me that the chiefs were desirous I should attend their feast on the following morning, and in order to gratify them I relinquished a visit I had arranged to the lower part of the river. At ten o'clock on the 13th I went by appointment to the Hauraki, and there 1000 as fine warriors as were ever seen were collected in their best costume. The native war-dance, accompanied by those terrific yells which are so well qualified to exhibit the natural ferocity of the New Zealand character, was exhibited for my amusement, the guns from a small European battery were fired, and the natives discharged their muskets and dispersed under three hearty cheers for my party. The feast which I had ordered to be prepared, consisting of pigs, potatoes, rice, and sugar, with a small portion of tobacco to every man, was partaken of by all in perfect harmony. It was estimated that of men, women, and children there were 3000 persons present. The influence against me was entirely traceable to the foreign Bishop of the Roman Catholic persuasion, and to a set of escaped convicts and other low ruffians who have congregated on the river in considerable numbers. These parties, though actuated by different motives, were united in their proceedings, and many of the latter were agents of the former. Mr. Manning, whom I have before mentioned, though not of a degraded class, is an adventurer, who lives with a native woman, has purchased a considerable portion of land, and being an Irish Catholic is the active agent of the Bishop. Another person, altogether of a lower description, known under the name of 'Jackey Marmon,' who is married to a native woman, and has resided in this country since 1809, is also an agent of the Bishop. He assumes the native character in its worst form – is a cannibal – and has been conspicuous in the native wars and outrages for years past. Against such people I shall have to contend in every quarter, but I do not despair of arranging matters hereafter with comparative ease. The two points at which I have already met the natives were the strongholds of our most violent opponents, and notwithstanding the untiring efforts of the Bishop Pompallier and the convicts, I have obtained the almost unanimous assent of the chiefs. Of the whole of the Hokianga but two head chiefs refused their consent, and even from their tribes many chiefs have added their names to the treaty. On the morning of the 14th, when preparing to return here, I regret to say that, notwithstanding the universal good feeling which subsisted among the chiefs on the previous day, two tribes of the Roman Catholic Communion requested that their names might be withdrawn from the treaty. It is obvious that the same mischievous influence I before complained of had been exercised in this instance. I did not of course suffer the alteration, but I regret that the credulity of the chiefs should render them so susceptible of unfavourable impressions. I considered that on the conclusion of the treaty at Waitangi the sovereignty of Her Majesty over the whole of the northern district was complete. I can now only add that the adherence of the Hokianga chiefs renders the question beyond dispute. I therefore propose to issue a Proclamation announcing that Her Majesty's dominions in New Zealand extend from the North Cape to the 36th degree of longitude. As I proceed southward and obtain the consent of the chiefs I shall extend these limits by Proclamation until I can include the whole of the Island."

On the day that Captain Hobson had first met the Rev. Henry Williams on board the Herald one of the many subjects they had discussed was the purchasing of a site for the colonial Capital. In this respect the Missionary's geographical knowledge of the north was invaluable, and when asked for his opinion he immediately pronounced solidly against the Bay of Islands where the land was too confined for a potential city. He was, however, enthusiastic about the isthmus at the Waitemata, as being unoccupied by natives, and possessing topographical advantages far in excess of any other known site. It was, therefore, for the dual purpose of inspecting this promising locality, and of meeting the natives at Waitemata, that the Governor and Mr. Williams left the Bay of Islands on February 21 in the Herald. A considerable number of signatures were obtained at various points along the coast of the Hauraki Gulf, and on reaching the mouth of the Waitemata River in the Firth of Thames,99 Mr. Williams was despatched to Maraetai to communicate with and collect the natives in that district. As he was returning to the ship four days later he met Captain Nias coming to meet him in his boat. The Captain conveyed to him the disquieting intelligence that on the previous Sunday (March 1) Captain Hobson had been attacked by a violent illness – due to the harassing nature of his duties and to long exposure to wet, resulting in a paralytic seizure100– so severe as to disable him, and to cause him to seriously contemplate his resignation and return to Sydney.

When the Missionary saw the invalid in his cabin he took a more optimistic view of the situation, and strongly urged Captain Hobson not to determine so hurriedly to relinquish his office as Governor. He further offered to find him comfortable quarters at the Mission station where he could rest and have every care it was possible to provide under the circumstances. These persuasions induced the Governor to fall in with the Missionary's views; the Herald returned to the Bay of Islands, and the patient was conveyed to the house of Mr. Richard Davis at Waimate, where he was attended by the ship's surgeon, Dr. Alexander Lane, and was for several months nursed with the utmost solicitude by the Missionary's family.

During this period of forced inactivity Captain Hobson displayed the greatest anxiety that the interests of his mission should not suffer because of his misfortune, and so far as his energies would permit he daily laid his plans for the carrying on of the campaign which had thus been suddenly interrupted so far as he was personally concerned.

Fortunately he was surrounded by a band of men who were loyal, and enthusiastic in the cause he had come to espouse, and he had no difficulty in enlisting the services of those who were prepared to continue the work where he had been compelled to lay it down. In this respect the Missionaries, confidently relying on the traditional justice of the British Government,101 were particularly zealous, and to them more than to any one else does the ultimate success belong. Had they so much as whispered hostility, the treaty and all its professions would have been rejected and despised. So far from this, they not only lent it the influence of their word, but at this critical stage, when the Governor was lying a stricken man, they became the harbingers of its promises and the apostles of its principles.102

To the north went the Rev. Mr. Taylor with Mr. Shortland; to the east the Rev. William Williams, each bearing an authenticated copy of the treaty, and authorised to treat with the principal native chiefs, at properly constituted gatherings, for their signatures and their adherence to the provisions of the national compact.

The meeting in the north, which must rank next in importance to the gatherings at Waitangi and Hokianga, was that conducted by Lieutenant Shortland at Kaitaia. Indeed it is questionable whether in some respects it has not achieved a greater celebrity, for it was here that the eloquent chief Nopera (Noble) coined the phrase which has been more often quoted than any other in connection with the history of the treaty: "The shadow of the land goes to the Queen, but the substance remains with us."

On April 27 Mr. Shortland, who had now become Colonial Secretary, accompanied by the Rev. Mr. Taylor, Dr. Johnston, and Lieutenant Smart of the mounted police embarked on board the little schooner New Zealander, and steering for the far north, touched first at Mangonui, where they obtained the services of a native pilot, and on the following Saturday anchored in the Awanui River, fully sixteen miles from their destination. Mr. Taylor and the Doctor at once left the vessel, and pushed on to the Mission station, there to arrange the preliminaries with Mr. Puckey, the resident Missionary. The Colonial Secretary remained on board the schooner until the Monday, and then with Lieutenant Smart and the members of his force proceeded up the river to Kaitaia, where they were received with volleys of musketry, and the fearsome evolutions of the war dance. From an early hour on the following morning the chiefs and people were astir, busy with the preparations for the meeting, their demeanour being marked by a cordiality which had been so conspicuous by its absence at Waitangi and Hokianga.

At 10 o'clock the people – a motley and vivacious crowd – assembled on a large grass plot in front of Mr. Matthew's house, where they were addressed by the Colonial Secretary, with a solemnity befitting the occasion and a pomposity103 which he deemed becoming his station. The illness of the Governor was touchingly referred to as a reason for the speaker's presence; the text of the treaty was read; the purpose of the compact explained; the machinations of the Queen's opponents were denounced, and a promise given that His Excellency would strictly perform all the solemn engagements which the treaty imposed upon him in the name of Her Majesty.

With this important difference, that there was but little opposition, there were few features to distinguish the debate from its predecessors. Several of the speakers boldly stated they had been told that the treaty was nothing but a cunning device to enslave them. There were also dark references to a Nga-Puhi plot to drive the Pakehas into the sea, but to which they unhesitatingly declared they were not prepared to give their countenance,104 the speeches as a whole breathing deeply the influence of the Missionaries.

The first speaker was a chief who had accepted the baptismal name of Taylor,105 who appeared to scent trouble, but subsequently signed the treaty under the name of Reihana Teira.

"This is my speech. We have always been gentlemen; we do not want a shepherd. We will not be hindered getting wood; we formerly cleared any spot of land we liked, burnt the wood; then some once came and built a house on it, and then we quarrelled."

"The Pakehas say the Governor comes to take the land," exclaimed a chief whose name has not been recorded. "This is the first time I ever heard the pukapuka (the treaty). The Pakehas explained it differently. Some people say plenty of Pakehas are coming to buy our land, but not for our good. They say the soldiers are come to shoot us, and that the Governor will not be a shepherd for us.106 They say Mr. Puckey and Mr. Matthew know what is to become of us, but will not tell us. These are my sayings."

William (Wiremu Wirihana) – "They tell us you are come to murder all the Maoris, but if your works are good you will come to preserve us. If you are like the Missionaries that will be good. We fear the soldiers."

In clear and emphatic tones Te Rewiti, to whom has been given the English name of Davis, exclaimed, "I say 'Yes,' I say 'Yes' for the Queen. Although some men say 'No,' for the Governor, I say, 'Yes.' If the Governor come to be our shepherd that is good; but if he come to take our land I will not have him. If you say who makes me say, 'Yes,' I say my own heart. Much land has been bought by the Pakehas. Let it not be said it has been taken by the Governor. It has been taken before. I have nothing more to say. If you have anything to say, say it now, but do not go home and grumble."

"Let all our sayings be one, let none say 'No,'" was the counsel of Forde. "The Governor has not taken our land, it was taken before. My heart and my thoughts are with the Governor. I say, Yes, yes."

Marsden – "We shall not be slaves. Had we gone to other lands we might have been slaves; they have come to protect us. Let not our hearts be dark; let us not listen to words from afar; let us see first. Is it not sin to murder and commit adultery; to tell lies. If what we hear from our teachers is true then what we hear from the Governor is not a lie."

"I have no land to give the Governor," said Toketau (Tokitahi). "We were gentlemen before, we will be greater now. Now we have more blankets, shirts, and trousers. Our houses were once made of rushes; they are better now. I have made my speech."

Busby (Puhipi) – "Before the Pakehas came we loved our own people. We sometimes quarrelled and then made war; then we made peace again and rubbed noses, then we had another battle. I am glad you are come; let our hearts be one. If quarrels happen who will settle them? You are so far off. Murder and theft may be suppressed, but what shall be done with adultery? It is carried on privately; do not let it be said that I hide anything."

Pi (Pihere) – "It will be good to see all the adulterers hanged in a row."

"Will a man be taken up if he walk in the night?" was the pertinent question put by Matiu Tauhara (Mathew). "That is all I am afraid of. If a man steal it is right to punish him. This is all I have to say: Let all the Governors and Pakehas be like the Missionaries, that we be good. We have not been hurt by them."

"If your thoughts are as our thoughts in Christ, let us be one. We believe your hearts to be good. The Pakehas bought all our land, and we have no more," were the words of Matiu Huhu.

The speech of Paratene Waiora (Broughton) concluded those of the minor chiefs.

"There is only one great man," he said, "who cannot be killed, that is the tongue; it often stirs up great wars. My father, Nopera, was sitting in his house reading his Bible when they said he was gone to the north to kill the people. I say send away Pikopo (Bishop Pompallier). Send him back; he is the cause of strife amongst us."

Nopera Panakareao, the most powerful chief in the district, who had accepted the not inappropriate baptismal name of Noble,107 then rose and delivered the great speech of the meeting – a speech if not the most influential in guiding the native mind at a critical moment it is at least so rich in worldly wisdom, so happy in poetic simile, so full of fervent loyalty, that it has become one of the Maori classics, and deserves to be preserved amongst the finest examples extant of old-time native oratory:

"Here all of you Pakehas and Maoris. This is my speech. My desire is that we should be all of one heart. Speak your words openly; speak as you mean to act; do not say one thing and mean another. I am at your head. I wish you all to have the Governor. We are saved by this. Let every one say 'Yes,' as I do. We have now some one to look up to. Some say it will be the Pakehas who will offend, I say no; it will be the Maoris. My grandfather brought the Pakehas to this very spot, and the chiefs agreed with what my grandfather did. He went on board the ship and got trade. He spread it through the land. Let us act right as my ancestors did. The Pakehas went to the Bay of Islands and were murdered. Let us do them no harm. What has the Governor done wrong? The shadow of the land goes to the Queen, but the substance remains with us. We will go to the Governor and get payment for our land as before. If the Nga-Puhi commit evil they will suffer. We have always been friendly with the Pakehas. We never went in ships to England or Port Jackson to buy arms to kill our countrymen. If you want to be cut off, go and fight the Governor. Do not, like the chiefs at Hokianga, wish to kill the Governor. Live peaceably with the Pakehas. We have now a helmsman, one said, 'Let me steer,' and another said, 'Let me steer,' and we never went straight. Be jealous: look well into your own hearts and commit no evil. The natives did wrong at the Bay and suffered. What man of sense would believe that the Governor would take our goods, and only give us half of it? If you have anything else to say, say it; but if not, finish, and all of you say, 'Yes' – say 'Yes.'"

This oration swept away all vestige of possible opposition as chaff before the wind. No one was bold enough to contend with the redoubtable Nopera, to agree with him were superfluous. The debate therefore abruptly closed with a general exclamation of "Ae, Ae" ("Yes, yes") and the assent and signatures of sixty of the principal chiefs were speedily obtained,108 so that a few days later Captain Hobson was able to write from his sick-room to the Chief Secretary for the Colonies: "I am happy to report to your lordship that Mr. Shortland succeeded to the fullest extent."

The Ambassador to the west was Captain Symonds,109 an officer of the British Army, who immediately on receipt of his instructions proceeded to Manakau and there, aided by Mr. Hamlin, a Catechist of the Church Missionary Society, summoned at short notice a meeting of the chiefs. The Missionary explained to the assembled warriors the views of the British Government, and solicited their adherence to the treaty, but the opponents of the measure had been in advance of its advocates, and prejudice was already in the air. Amongst the most active in his hostility was the vacillating Rewa, who having reluctantly signed the document at Waitangi, had speedily recanted.110 He now sought to make up for his apparent desertion from the ranks of the opponents by the violence of his attacks upon the Government, and Captain Symonds found the chief had been so successful in his misrepresentations that he was not able to do more at the first meeting than to dispel some of the doubts which the ingeniousness of Rewa had created in the minds of all. A few days later the chiefs were again in council, when new forces were gathered from the Waikato, Taranaki, and Taupo. With these Rewa had less influence, with the result that some signatures, and several promises were obtained from amongst the most influential men.

But now a new species of opposition was developed. The haughty Te Wherowhero, the potential king of the Waikato, felt that he had been slighted in not being bidden to consult with the Pakeha Governor ere this. Why had he been left to this late hour, and who were these who had been placed before him? His dignity was severely wounded; his aristocratic soul rebelled against such scurvy treatment, and in a fit of pique he wrapped his blanket about him and refused to sign.

Feeling that he must be satisfied for the present with whatever measure of success he had achieved, Captain Symonds left Manukau on April 3, and hauling his boats across the portage which divides the Manakau from the waters of the Waikato, he proceeded down the Awaroa river to the Church Mission station at the Waikato Heads. Here he was received with the utmost cordiality by the Rev. Mr. Maunsell111 who was waiting his coming with no small anxiety. Matters had almost reached a crisis with the Missionary, who in the previous month had taken advantage of a large gathering of natives for religious purposes to introduce the subject of the treaty, a copy of which had already been forwarded to him by the Lieutenant-Governor. The project had been received by the natives in the most friendly spirit, and signatures had been obtained with the utmost alacrity. One important feature, unobserved at the time, had, however, been omitted. No presents had been sent to the Missionary to distribute amongst the signatories. Exception had not been taken to this apparent lack of hospitality at the moment, but word had come into the settlement from the north that all who had signed the treaty at the Bay of Islands, and at Hokianga had been paid with the Governor's blanket. The insidious nature of this treatment had just dawned upon them when Captain Symonds arrived. The whole settlement was in a state of wildest excitement. Their Missionary had deceived them; payment had been withheld; their signatures had been wrongly obtained. To put matters right they loudly demanded the return of the offending paper that they might tear it to bits and scatter it to the winds. Symonds was, however, able to quieten the tumult with timely explanations, and, what was more to the purpose, distributed a number of blankets amongst the chiefs, promising a similar gift to all others who would subscribe to the terms of the treaty.

The expedition displayed by Mr. Maunsell, but which had come so perilously near wrecking his own influence, proved an unexpected boon to Captain Symonds, who on examination of the signatures thus obtained discovered that with few exceptions all the influential chiefs as far south as Mokau, had acknowledged the sovereignty of the Queen. These few were resident in the districts of Aotea and Kawhia, and were within the sphere wherein was labouring the Rev. John Whiteley,112 of the Wesleyan Mission. To him accordingly Captain Symonds wrote, "being well assured of the disposition on the part of the Wesleyan Mission to support the Government by every exertion in its power," and confided to him the execution of that portion of his instructions which he deemed could be more expeditiously carried out by the Missionary than by himself.

On April 18 Captain Symonds returned to Manakau, and there obtained seven more signatures. Te Wherowhero113 was still obdurate, though manifesting no ill-will towards the Government. His native pride had been hurt, and time had not yet healed his injured spirit.

In these latter negotiations Captain Symonds laboured under the considerable disadvantage that he was unable to procure the services of a competent interpreter, Mr. Hamlin114 being absent on duties incidental to his station. The lack of all public ceremonial was also to his disadvantage, the pageant of which ever appeals with persuasive force to the impressionable mind of the savage; while the surroundings were not altogether without the suggestion that the crozier was still secretly opposing the Crown.

For the purpose of preserving the consecutive nature of our narrative it will be convenient at this point to digress for a moment, and in that time discuss a debatable point which must ere now have occurred to the reader, viz. what was Bishop Pompallier's attitude towards the treaty? To aid our judgment in this connection two classes of evidence are available, – that of the Protestant Missionaries and the official despatches of those engaged in the promotion of the treaty, on the one side, and the personal statement of his position by the Bishop on the other. Bishop Pompallier had landed at Hokianga in 1838 for the purpose of establishing a branch of the Roman Catholic Oceanic Mission, of which he had been appointed Vicar Apostolic. We have his assurance, which may be accepted without reservation, that he hoped to labour in a part of the country where he would not come into conflict with other Missions, and it came to him as a surprise, and probably as a deep disappointment, when he discovered that the existing Missions had so far covered the country that no such isolation was possible at Hokianga, upon which he had determined as the centre of his operations. But having come he decided to remain; and his advent was a bitter trial to the representatives of the Protestant Missions, who foresaw in it a serious interruption of their work by the introduction to the Maori of doubts and controversies which, while disturbing, were not essential either to their civilisation or to their soul's salvation.115 Exactly what they anticipated would occur, did occur, with the result that the animosities of religious rivalry were kindled in a way that had never been known between the Anglican and Wesleyan Missions; and the absurdity was not infrequently witnessed of Maoris confidently discussing matters of dogma which for centuries have baffled solution at the hands of trained theologians. The effect of this was to sow the seeds of bitterness in the hearts of the Protestant Missionaries, and there is sometimes noticeable a dearth of charity in their references to the Bishop which unfortunately is not singular in Church history.