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

Te Pukuatua then rose and gave the final answer for his tribe: "Listen, O Parore, you and your Pakeha companions. The Arawa have nothing to add to the words of Te Heuheu. His words denying the mana of the Queen are also our words. As he is not willing to write his name upon your treaty, neither will the chiefs of the Arawa come forward to sign."

Then turning to Te Heuheu he added: "Hear me, O Heu. The Arawas have nothing to say, for you are the person of the Arawa canoe."

The blankets given to Iwikau, at Waitangi, were returned to the Missionaries by Te Heuheu, with the remark: "I am not willing that your blankets should be received as payment for my head and these Islands," and with this embargo put upon their operations, the agents of the Lieutenant-Governor were unable to secure a single Arawa signature to the treaty.

The fiat of Te Heuheu went even far beyond the steaming waters of Rotorua, for at Tauranga upon the coast there lived Tupaea, a chief of the Ngai-te-Rangi, whom because of his influence the Missionaries were particularly anxious to enlist as a subject of the Queen. He too hung upon the words of Te Heuheu, and when he was approached he made answer thus: "What did Te Heuheu say to you at Rotorua?"

The reply was: "Te Heuheu did not consent."

"And what of the Arawa chiefs?" asked Tupaea.

"They followed the word of Te Heuheu," replied the Missionaries.

"Then," said Tupaea, "I will not agree to the chiefs of Ngai-te-Rangi signing the treaty of Waitangi," a decision from which neither he nor his people could ever be induced to depart.132

In the meantime the Herald had left the Auckland waters, and made her way to the south, arriving off Banks's Peninsula during the night of the 24th. Calms and storms alternately intercepted her progress, and it was not until the 28th that Major Bunbury was able to disembark at Akaroa, accompanied by Mr. Edward Williams and Captain Stewart, whose personal acquaintance with the Southern chiefs and their altered dialect133 was destined to be of great service in promoting a common understanding.

At Akaroa they found a native pa in which lived a remnant of the Ngai-Tahu people, broken by the last raid of Te Rauparaha, a whaling station, and a cattle run,134 established by a Captain Lethart, who had arrived from Sydney as recently as the previous November. The visitors were more favourably impressed with the condition of Lethart's cattle than with the appearance of the natives, who were so dejected by their misfortunes as to consider themselves almost destitute of rights and without a name. The signature of Iwikau, a brother of Tamiaharanui, the chief who was conveyed captive by Te Rauparaha in the blood-stained Elizabeth, was obtained, as well as that of John Love, another native less highly born, but more richly endowed with intelligence. These two signatures Major Bunbury conceived to be of considerable consequence to his purpose, although from the diminished number of the tribe the men themselves scarcely laid claim to the rank of chief.

Southward the frigate again sailed, and on June 4 cast anchor in Zephyr Bay, a beautiful inlet at Southern Port, Stewart's Island. Accompanied by Captain Stewart, who was now in latitudes peculiarly his own, Major Bunbury landed next morning, and set out to visit a station in the harbour, distant four or five miles, where for some time Stewart had employed a number of boat-builders, and who, it was hoped, might still be there. Vestiges of their former residence were found but that was all. Their camp was deserted, their industry abandoned, and no sound broke the stillness of the primeval forest save the flick of a bird's wing, or the screech of the brightly plumaged parrakeet.

Several excursions were made to other parts of the island, but no natives were met with, either upon the shores of the sheltered coves, or within the generous shade of the bush, and Major Bunbury returned to the ship for the first time without having added a signature as a trophy in the cause of the Queen's sovereignty.

Aided by his own experience, and fortified by the local knowledge of Captain Stewart, Major Bunbury concluded that the prospect of meeting with any chief in the apparently deserted island was so slight as not to warrant the delay involved in the search. He therefore consulted with Captain Nias, and together they agreed that it would be advisable to proclaim without protraction the Queen's authority over a territory that had impressed them both as being singularly beautiful.135 For this purpose, during the afternoon of the day after arrival, the marines were landed with a party of officers from the ship which had now been moved into Sylvan Bay. Here upon the apex of a small island which becomes a peninsula at low water, the ceremonial forms usual to such occasions were duly observed. The Union Jack was hoisted by Captain Nias and saluted by the marines. A salute was also fired from the guns of the Herald, and after the following declaration had been read by Major Bunbury to the assembled sailors, Stewart's Island became an outpost of the Empire.

DECLARATION OF SOVEREIGNTY OF THE QUEEN OF ENGLANDOVER STEWART'S ISLAND

The Island called Stewart's Island, New Zealand, situated between the meridian 167° and 168° east of Greenwich, and 46° and 48° south parallel, with all the Bays, Rivers, Harbours, Creeks, etc., in and on the islands lying off, were taken possession of in the name and in the right (by the discovery of the late lamented Captain Cook) for Her Most Excellent Majesty Victoria, Queen of the United Kingdom and Ireland, and Her Majesty's colours were accordingly hoisted at Sylvan Bay, Southern Port, on the 5th day of June 1840, by Captain Joseph Nias, commanding Her Majesty's ship Herald, with a detachment of Royal Marines, and by Major Thomas Bunbury, K.T.S., 80th Regiment, who were commissioned for that purpose.

Done in the presence of us:

Peter Fisher, Lieutenant, H.M.S. Herald; C. Hewitt, Lieutenant, Royal Marines, H.M.S. Herald; James Giles, Purser, H.M.S. Herald; J. H. Shairp, Mate, H.M.S. Herald; William Kelly, Gunner, H.M.S. Herald; John Caseley, Boatswain, H.M.S. Herald; Fred. S. Grey, Volunteer, H.M.S. Herald.

Witnesses.– Joseph Nias, Captain; Thomas Bunbury, Major 80th Regiment (charged with a diplomatic Mission).

On the island eminence, where the sovereignty of the Queen had been declared, the original of this document was buried, enclosed in a bottle – a silent witness to be produced in the contingency of international complications, which were then believed to be by no means remote.

For three days the Herald lay weather-bound, but on Tuesday the 9th the wind shifted to a more favourable quarter, enabling her to leave her anchorage in Sylvan Bay and move over to Ruapuke Island, the home of the greatest of all the Ngati-Tahu chiefs, Tu Hawaiki, more widely known as "Bloody Jack."136 On nearing the land a boat manned by some natives and Europeans came off, and a Mr. Hesketh boarded the Herald and explained that they had been expecting her arrival for some time. He represented himself as the resident agent of Jones & Co., of Sydney, and being on intimate business relations with Tu Hawaiki volunteered to go ashore and bring him off that evening, leaving an English seaman, formerly in the employ of Captain Stewart, to pilot the frigate to an anchorage. Here she lay in proximity to a French and a Portuguese whaler, neither of which had enjoyed a successful season:

The native village, being at some distance from an anchorage ground Mr. Hesketh did not return until late in the evening. The chief Tooiaki (Tu Hawaiki) came on board in the full dress staff uniform137 of a British aide-de-camp, with gold lace trousers, cocked hat and plume, in which he looked extremely well, and his behaviour at Captain Nias's table, when he took tea, showed that the examples he had seen had not been lost upon him. He was also accompanied by a native orderly-sergeant dressed in a corresponding costume. The chief spoke a little English, and appeared to be aware of the nature of the treaty, but which I thought it necessary to have read and explained to him in the presence of Mr. Hesketh, and he signed it without hesitation.138

He said he had at his village twenty men dressed and in training as British soldiers, and was very anxious that Captain Nias should permit them to come on board the following morning and see the marines go through the manual and platoon exercise, which he (the Captain) kindly acceded to. The chief then gave me a paper written in English which he wished me to sign and affirm. It was a declaration that the Island of Ruapuke was his property and that of his tribe, to different individuals to whom he had allotted portions of it. Not wishing that he should conceive that any deception was intended on our part I wrote on the back of the document, "I have seen this paper but am not prepared to give an opinion, or any information on the purport of it. The treaty guarantees the full and exclusive possession of their lands and other properties to the natives." No mention having been made in this document to the title to the Middle Island, although this chief styles himself the principal, I am inclined to suppose it is claimed by some Europeans, I believe by a Mr. Weller, of Sydney. On the chief taking leave, I told him I would return his visit on the morrow, which I accordingly did, accompanied by Lieutenant Hewitt, Royal Marines, and Captain Stewart, to whom the chief was known, Mr. Williams, and an officer from the ship in charge of the boats.

After being carried through the surf by some natives, we were received by the chief in the same scarlet uniform he had worn the day before, and by the sergeant who then accompanied him, at the head of six soldiers dressed in British uniforms, without hats or shoes. The chief took us to his cottage, a weatherboard hut, and offered us rum, of which he appeared to have a good supply, but Mr. Hesketh, to their credit, states that although they are not absolutely temperance men, they seldom get drunk. I was afterwards introduced to his son, a fine boy of about seven years of age, of whom he appears justly proud. The child was dressed in a very becoming manner, and has six toes on each of his feet, which his father seemed to exhibit with much satisfaction. Rauparaha, who is a great warrior, and the mortal enemy of this tribe, is similarly gifted with this unusual addition to his feet. I also received from him a memorandum respecting the register of a small craft between 25 and 30 tons, building at Mauraki (Moeraki), which paper I beg herewith to forward.

I was very sorry to learn from the chief that a British subject, named M'Gregor, who had been residing some years in this neighbourhood, had suddenly disappeared with a small craft, taking with him some of this chief's women and kookis (slaves). The vessel is without a name or register, and Captain Nias is in hopes we may be able to meet with her. M'Gregor is reported to be a convict escaped from Van Dieman's Land, and his conduct made the English residing here for some time apprehensive that the chief might retaliate on them and insist on a compensation. An Englishman, a carpenter residing at Otakou (Otago) I hear has been shot by a native when in a state of intoxication, but whether in connection with the above affair or otherwise, I could not satisfactorily ascertain.

Knowing that Captain Nias was anxious to proceed on his voyage, we were obliged to shorten our visit. The chief and his son came off with us, and the sergeant and six of his soldiers, with two other chiefs, came off in two whale boats, a third following with natives bringing potatoes, etc., to the ship. The soldiers of the chief and natives having arranged themselves on deck, the Marines went through the manual and platoon exercise, as had been promised, and afterwards, at my request, Captain Nias permitted a few sailors to go through the sword exercise, which, as I had anticipated, pleased and interested them very much, particularly the "attack" and "defence," the chief frequently calling to his followers to pay attention and see how it was performed.

Whilst the ship was getting under way they took their departure, two other chiefs139 having also been permitted to sign at the request of Tooiaki (Tu Hawaiki). This influential chief is one of the individuals, who (similarly with Rauparaha in Cook Strait) have had sufficient address to gain the ascendency over the chiefs of the neighbouring tribes, without any claim from circumstance of birth.

Such is Major Bunbury's own account of his historic meeting with this singular native, whom he left upon his lonely island in the midst of a windy strait struggling between his native barbarism and an inarticulate craving for civilisation. On the 13th the Herald reached the Otago Heads, but so late in the evening that there was only time to obtain the signatures of two chiefs who resided near the entrance of the harbour.140 Taiaroa was absent at Moeraki, and his son was so far inaccessible that the limits of daylight would not permit of his being reached. The boat, therefore, returned to the ship, and on June 16 she dropped anchor in Cloudy Bay, then the most important centre of European activity in the South Island.

Seven whalers were lying at anchor when the Herald arrived, and the strange admixture of humanity – the venturesome, quarrelsome, quasi-criminal collection – which went to make up a whaling community was forcibly impressed upon Major Bunbury when he landed at Guard's Cove in the evening. The only chief of importance whom he met was old Nohorua, the elder brother of Te Rauparaha, who had with him three younger men, his nephews. Their reception of the Major was cordial enough, but when the subject of the treaty was broached to them they resolutely declined to attach their signatures to it, or to countenance it in any way. This attitude was adopted under the distinct impression that if they signed the document their lands would be taken from them, and considering that their only experience of deeds had been with the Sydney land sharks141 the reservation was, to put it mildly, a natural one.

Not having been successful in securing the immediate concurrence of Nohorua, Major Bunbury left him in the hope that he would fulfil his reluctant promise to visit the ship on the following day, by which time he would have had the opportunity – dear to every Maori – of holding a korero upon the novel suggestion. Early next morning the Major, Mr. Williams, and Captain Stewart set off for one of the neighbouring coves, and here they met with greater success, the chiefs signing without any hesitation when the principles of the treaty had been explained to them. Amongst the various natives whom they encountered was a young chief whom Major Bunbury has called Maui Pu, who, having visited Hobart Town in the warship Conway, had sufficient command of English to converse freely with the Europeans. His sympathies were at once enlisted in support of the treaty, and when the difficulties met with at Guard's Cove were mentioned he expressed no surprise, as the natives had no conception of a deed that did not mean the sacrifice of their land. He, however, offered to go with them and assist at the second interview with Nohorua, and so adroitly did he explain the purport of the second Article that the old chief's objections were at length so far overcome that he agreed to sign provided his signature was witnessed by his European son-in-law, Joseph Toms,142 a whaler who had interests both here and at Porirua.

Though there is no definite information on the point, it is probable that Toms had added his persuasion to those of Maui Pu, as Nohorua's reason for insisting upon the above stipulation discloses the justice of his mind and his desire to fix the responsibility beyond any chance of evasion: "If my grandchildren lose their land, their father must share the blame." The three younger men having no son-in-law on whom to shift the responsibility still postponed the important step until they were aboard the ship.

On returning to the Herald there was a considerable gathering of chiefs awaiting the treaty party, and with the exception of Nohorua's nephews all expressed their willingness to subscribe to the terms of the compact. Not so these young gentlemen, who still held aloof. For their reservation, however, the wife of one of them was anxious to compensate, by demanding the privilege of signing the treaty. She claimed to be the daughter of the great Te Pehi, who was caught in his own trap at Kaiapoi in 1829, and when Major Bunbury politely but firmly declined to permit her the honour, she gave way to a fit of anger, and in a torrent of invective expressed her opinions concerning the Pakeha in general, and Major Bunbury in particular, with a freedom that would have been painful had all her observations been clearly understood.

As an evidence of the persistency with which these people had been harassed about their lands, and the jealousy with which they sought to preserve this class of property, it was noted that they all firmly declined to receive the presents143 which it had now become customary to offer, lest by some quibble it might be construed into a payment for its surrender, and in this attitude they persisted until they had been repeatedly assured to the contrary.

The Rev. Henry Williams having visited Queen Charlotte Sound during the course of his Southern Mission and secured the signatures of the chiefs there, Cloudy Bay thus became the last port in the Middle Island at which the Herald could profitably call. Under these circumstances Major Bunbury consulted with Captain Nias, and they were agreed that it would be advisable to at once proclaim the Queen's authority over the Island as the most effectual means of preventing further dissensions amongst the natives and Europeans.

This resolution was not hurriedly arrived at, for although many important signatures had now been obtained the whole position was so hedged about with intricately interwoven interests that Major Bunbury felt it was something akin to cutting the Gordian knot to take the contemplated step without further consulting the Lieutenant-Governor. Yet view the matter as he would, there appeared no simpler way, for there was every reason to believe that delay would only breed new difficulties, by suspending the establishment of political authority, and by affording other powers time to develop their embryonic claims. The presence, too, of so many vessels at anchor in the harbour seemed to lend opportunity to the occasion, for with their co-operation it was possible to render the declaration of Her Majesty's sovereignty more solemn and imposing, and where it was desired to impress the native mind Major Bunbury realised the advantage of pressing to his service the assistance of this additional theatrical touch.

The decision come to by the Major and Captain Nias was conveyed to the natives while they were still on board, and whether or not they were seized of all that the ceremony involved, they entered with considerable enthusiasm into the spirit of the occasion.

In order to invest the intended declaration with becoming dignity the marines were landed on the little island on which was situated the Horahora-Kakahu pa. There a temporary flagstaff was erected and standing at the foot of it at 2 P.M. Major Bunbury read to the assembled people the following Declaration of Sovereignty.

DECLARATION OF SOVEREIGNTY OVERTAVAI POENAMMOO (TE WAI-POUNAMU)

This Island called Tavai Poenammoo (Te Wai-Pounamu), or Middle Island of New Zealand, situate between the meridian 166° and 174° 30' east of Greenwich, and 40° 30' and 46° 30' south parallel, with all the Bays, Rivers, Harbours, Creeks, etc., in and on the Islands lying off, having been ceded in Sovereignty by the several independent native chiefs to Her Most Gracious Majesty Victoria, Queen of the United Kingdom of Great Britain and Ireland, the said Island was accordingly taken possession of and formally proclaimed, and Her Majesty's colours hoisted at the pa of Hoikaka (Horahora-Kakahu), Cloudy Bay, under a salute of 21 guns on the 17th day of June 1840, by Captain Joseph Nias, commanding Her Majesty's ship Herald, and by Major Thomas Bunbury, K.T.S., 80th Regiment, who were commissioned for that purpose.

Done in the presence of us: —

Peter Fisher, Lieutenant, H.M.S. Herald; P. L. D. Bean, Master, H.M.S. Herald; C. J. Parker, Acting Master, H.M.S. Beagle; J. H. Shairp, Mate, H.M.S. Herald; Thomas Frazer, Surgeon, H.M.S. Herald; James Giles, Purser, H.M.S. Herald; C. Hewitt, 1st Lieutenant Marines, H.M.S. Herald; F. H. Niblett, 2nd Master, H.M.S. Herald; G. F. Munro, Assistant Surgeon, H.M.S. Herald; Edmund Webber, Midshipman, H.M.S. Herald; John B. Catoo, Midshipman, H.M.S. Herald; H. R. Crofton, Midshipman, H.M.S. Herald; H. W. Comber, Midshipman, H.M.S. Herald; Frederick S. Grey, Volunteer, H.M.S. Herald; William Kelly, Gunner, H.M.S. Herald; John Caseley, Boatswain, H.M.S. Herald; J. Chappels, Carpenter, H.M.S. Herald.

Witnesses to Signatures.– Joseph Nias, Captain, H.M.S. Herald, Thomas Bunbury, Major, 80th Regiment, charged with diplomatic Mission; Edward Marsh Williams, Interpreter.

The reading of the Proclamation done, the Union Jack was run up by Captain Nias, and the guns of the Herald began to boom forth the Royal Salute. The yards of the frigate were manned, and the cheers of those grouped round the flagstaff were answered by those on board the man-of-war, the echoes from the surrounding hills being reinforced by the approving shouts of the natives.

The all-important step having now been taken and received with local approbation, the Herald weighed anchor and sailed for Kapiti144. Two days later (June 19), she arrived under the shadow of Te Rauparaha's home. By a fortunate circumstance the great chief, whom Major Bunbury had special instructions to see, was at that moment entering his canoe, preparatory to making an excursion to the Island of Mana. As the Herald's boat was proceeding to the shore the Queen's Commissioner and the chief met mid way, the meeting being of the most cordial nature. Te Rauparaha left his own canoe "in lordly decoration the lordliest far," and returned on board with Major Bunbury in the ship's boat. Here the proceedings of the Rev. Henry Williams were related by the chiefs – how he had explained the treaty, obtained Te Rauparaha's signature, and presented him with the much-prized blanket.

On enquiry being made by Major Bunbury for Te Rangihaeata and Te Hiko, he was informed that both these warriors were at Mana. As this Island lay directly in the route to Port Nicholson, the Herald was put about and her course shaped towards the south. Under a fresh wind the vessel was soon abreast of Mana. The chief and Mr. Williams accompanied Major Bunbury on shore, where they found Te Rangihaeata but Te Hiko was absent on an expedition to the mainland.

No record appears to have been preserved of the negotiations which followed between the representative of the Crown and the two leaders of the Ngati-Toa tribe. Major Bunbury contents himself with informing us that "the chief Rangihaeata, after some time, returned with us on board, accompanied by Rauparaha, when both signed the treaty."

The importance of their discussion is, however, somewhat diminished by the fact that the elder chief had already signed the treaty under the persuasions of the Rev. Henry Williams, but their questions, which were certain to have been shrewd and searching, would have been interesting as revealing their mental attitude towards the proposed innovation. There is a widespread impression, founded upon equally widespread prejudice, that both men were thoroughly insincere145 when they subscribed to the terms of the treaty, and this view is encouraged by the fact that at this time they stood less in need of British protection than any other chiefs of the native race. They were indeed masters of all the territory they claimed. Their immediate enemies had been defeated and crushed, their powerful foes were far distant. There was a gun in the hand of their every warrior, and solidarity in the ranks of their every hapu. So situated they had less to gain by ceding their sovereign rights than others had. Neither is it to be supposed that the advantages of their position were not apparent to themselves, for with their gifts of military command, they combined a state-craft that was of quite an exceptional order. If political considerations entered into the transaction at all, it is more than likely that a presentiment of impending trouble with the New Zealand Company was the governing influence in securing their adherence to the policy of the Crown, and in the light of subsequent events their fears were not unfounded – their foresight was almost prophetic.