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

While on shore at Mana, the protection of Major Bunbury was solicited by a section of the whaling population against the alleged encroachments of the Maori chiefs in general and Te Rangihaeata in particular. Though clamorous for justice, they were unable to formulate any specific charges against the chief; and after such investigation as was possible under the circumstances, the Major came to the conclusion that the accusers were a set of "drunken, lawless vagabonds," and that so far from their having any just grounds of complaint against Te Rangihaeata, the chief in all probability would have more reason to feel aggrieved towards them.

The Herald's course was now directed to Port Nicholson, and arriving there next day (20th) she anchored inside the Heads, the wind and tide having failed her at a critical moment. Major Bunbury at once left the ship and pulled towards the Thorndon beach, where much to his surprise on landing, he met Mr. Shortland. The presence of Lieutenant Shortland at Port Nicholson at this juncture requires some explanation. Shortly after the departure of Major Bunbury from the Bay of Islands, copies of the New Zealand Gazette, a paper published by the colonists at Port Nicholson, reached the Lieutenant-Governor, and from the columns of this journal, as well as from other well-authenticated sources, he learned that the settlers had set up a system of Local Government consisting of a Council, over which Colonel Wakefield presided, and a bench of Magistrates, who were attempting to levy taxes, and to enforce punishments for breaches of laws enacted by their self-constituted authority.146

To this latter tribunal on April 14 came a Mr. Wade, pleading for protection against the violence of Captain Pearson of the brig Integrity, his allegation being that this rude seaman had not only assaulted him, but threatened to throw him overboard. The law, such as it was, was immediately set in motion, the Captain was arrested and haled before Major Baker, who held the post of District Magistrate. To his other supposed offences, Pearson now added the more heinous one of refusing to recognise the jurisdiction of the Court. He defied the complainant to proceed with his charge, and dared the Magistrate to convict him. For this exhibition of independence he was immediately committed by the irate Magistrate, who could brook no such contempt for his brief authority.

On hearing of the fate of their Captain, the crew of the Integrity flew to arms and pulled to the rescue, but the settlers were loyal to the law and repulsed them. In view of this belligerent attitude on the part of his shipmates, it was deemed safer to incarcerate the recalcitrant Captain on board one of the other ships lying in the harbour, whither he was conveyed, but it is said, "owing to the culpable negligence of the constable in charge," he was permitted to escape.

While the authorities were foolishly dreaming that their victim was safely under lock and key, the Integrity sailed for the Bay of Islands, where Captain Pearson reported, no doubt with advantages, to the Lieutenant-Governor that the settlers at Port Nicholson were "a turbulent set of rebels who were seeking to establish a republic."

The story of the indignant Captain took Governor Hobson completely by storm, and after satisfying himself by reading the latest copies of the New Zealand Gazette147 that it had some foundation in fact he developed a state of anxiety not far removed from panic. It did not take him long, however, to determine how he should act in the emergency.

In the absence of any legal authority to advise him he rather absurdly interpreted the proceedings of the New Zealand Company as acts of high treason, and within an hour had ordered the officer commanding the troops to detach thirty men of the 80th Regiment for duty at Port Nicholson. He also, two days later, dictated a Proclamation in which he denounced the attempt to supersede the authority of the Queen, and called upon all loyal subjects to resume their allegiance to their lawful sovereign.

PROCLAMATION

Whereas certain persons residing at Port Nicholson, New Zealand, part of the Dominions of Her Majesty, Queen Victoria, have formed themselves into an illegal Association, under the title of a Council, and in contempt of Her Majesty's authority, have assumed and attempted to usurp the powers vested in me by Her Majesty's Letters Patent, for the Government of the said Colony, to the manifest injury and detriment of all Her Majesty's liege subjects in New Zealand.

Now, therefore, I, William Hobson, Lieutenant-Governor of New Zealand, command all persons connected with such illegal Association immediately to withdraw therefrom, and I call upon all persons resident at Port Nicholson, or elsewhere, within the limits of this Government, upon the allegiance they owe to Her Majesty, Queen Victoria, to submit to the proper authorities in New Zealand, legally appointed, and to aid and assist them in the discharge of their respective duties.

GIVEN under my hand at Government House, Russell, Bay of Islands, this 23rd day of May in the year of our Lord 1840.

William Hobson,Lieutenant-Governor.

By command of His Excellency the Lieutenant-Governor,

Willoughby Shortland,Colonial Secretary.

The exigencies of the circumstances were such as seemed to warrant the taking of even a more decisive step than the despatching of troops to Wellington, and without waiting for a report from Major Bunbury as to the success or failure of his mission, two other proclamations were hastily formulated and published, the one taking possession of the North Island by virtue of its cession by the native chiefs; the other declaring the South Island to be part of the Queen's Dominions by right of discovery.148

In order to give effect to the views which he had formed Captain Hobson commissioned Lieutenant Shortland, in whose discretion he placed implicit confidence, to proceed to Port Nicholson, there to personally read the proclamations, and to take such steps as he might deem necessary to secure the due recognition of the Crown at the Southern settlement. Accompanied by the small detachment of troops, and a still smaller force of mounted police, under the command of Lieutenants Smart and Best, the Colonial Secretary reached Port Nicholson in the barque Integrity on the evening of Tuesday, June 2. A Mr. Cole149 one of the civil staff, was immediately sent on shore with copies of the proclamations, and a letter to Colonel Wakefield, telling him it was Mr. Shortland's intention to land next day and read the proclamations, requesting at the same time that he would make all the necessary arrangements.

These dispositions were interfered with by a heavy gale which sprang up during the night, making it impossible to carry out the intended ceremony. In the meantime the Colonial Secretary was waited upon on board the Integrity by Dr. Evans, and Messrs. Chaffers and Tod, who came for the purpose of expressing the gratification it gave the settlers to learn of his arrival. They then proceeded to assure Mr. Shortland that their actions and intentions had been greatly misrepresented. Dr. Evans volunteering the information that their Council had been formed for no other purpose than to preserve the peace, and for mutual protection until either the Lieutenant-Governor or some duly accredited representative of the Crown should arrive in their midst.

These assurances Mr. Shortland indicated he was prepared to accept, conditionally upon their being followed by some practical evidence of their sincerity. He told them plainly that the Council must disappear, that the flags flown as the insignia of its authority must come down, and that any proposal from any body of persons assuming any power or rights would be regarded by him as an act of hostility. To these conditions the deputation agreed and withdrew, after again protesting the loyalty of the colonists.

The storm having abated, Lieutenant Shortland landed on the beach at Thorndon at 2 o'clock on the afternoon of Thursday June 4, accompanied by Lieutenants Smart and Best and the four members of the police force. They were received on the beach by Colonel Wakefield, Dr. Evans, Captain Smith, R.A., and all the principal settlers, who conducted them to the appointed place of ceremony. Here the Colonial Secretary read the proclamations, which he assures us "were responded to by three hearty cheers; a royal salute from the Europeans, and with a war dance and general discharge of musketry by the natives who had assembled in great numbers."

PROCLAMATION

In the name of Her Majesty, Victoria, Queen of the United Kingdom of Great Britain and Ireland. By William Hobson, Esq., a Captain in the Royal Navy, Lieutenant-Governor of New Zealand.

Whereas by a treaty bearing date the 5th day of February in the year of our Lord 1840, made and executed by me William Hobson, a Captain in the Royal Navy, Consul and Lieutenant-Governor in New Zealand, vested for this purpose with full powers by Her Britannic Majesty, of the one part, and the chiefs of the confederation of the United tribes of New Zealand, and the separate and independent chiefs of New Zealand, not members of the confederation, of the other, and further ratified and confirmed by the adherence of the principal chiefs of this Island of New Zealand, commonly called "The Northern Island," all rights and powers of Sovereignty over the said Northern Island were ceded to Her Majesty the Queen of Great Britain and Ireland, absolutely and without reservation.

Now, therefore, I, William Hobson, Lieutenant-Governor of New Zealand, in the name and on behalf of Her Majesty, do hereby proclaim and declare to all men, that from and after the date of the above-mentioned treaty, the full sovereignty of the Northern Island of New Zealand vests in Her Majesty Queen Victoria, her heirs and successors for ever.

Given under my hand at Government House, Russell, Bay of Islands, this 21st day of May in the year of our Lord 1840.

William Hobson,Lieutenant-Governor.

By His Excellency's command,

Willoughby Shortland,Colonial Secretary.PROCLAMATION

In the name of Her Majesty, Victoria, Queen of the United Kingdom of Great Britain and Ireland. By William Hobson, Esq., a Captain in the Royal Navy, Lieutenant-Governor of150 New Zealand.

Whereas I have it in command from Her Majesty Queen Victoria, through her principal Secretary of State for the Colonies, to assert the Sovereign rights of Her Majesty over the Southern Islands of New Zealand, commonly called "The Middle Island" and "Stewart's Island," and also the Island commonly called "The Northern Island," the same having been ceded in Sovereignty to Her Majesty.

Now, therefore, I, William Hobson, Lieutenant-Governor of New Zealand, do hereby proclaim and declare to all men, that from and after the date of these presents the full sovereignty of the Islands of New Zealand extending from 34° 30' north151 to 47° 10' south latitude, and between 166° 5' to 179° of east longitude, vests in Her Majesty Queen Victoria, her heirs and successors for ever.

Given under my hand at Government House, Russell, Bay of Islands, this 21st day of May in the year of our Lord 1840.

William Hobson,Lieutenant-Governor.

By His Excellency's command,

Willoughby Shortland,Colonial Secretary.

As the last sounds of the rejoicing died away the leaders of the Settlement again pressed upon the Colonial Secretary their protestations of loyalty, and reiterated their assurances that in appearing to assume authority over the community they had been actuated by no other motive than a desire to preserve the peace and to protect their property. Under these circumstances the Colonial Secretary was able to write to Captain Hobson on June 20, "I have great pleasure in informing your Excellency that Her Majesty's Government is now fully established, and that both European and native populations are in a very satisfactory state."

Matters were in this position when Major Bunbury landed at Port Nicholson. He confirmed the harmonious nature of the relations between Pakeha and Maori in an interview he held with some native chiefs, and subsequently with Captain Smith, R.A., Surveyor-General to the Company. This gentleman expressed himself as being much annoyed at the exaggerated accounts which had been spread regarding the condition of the settlement,152 and the disloyalty of the settlers, whom he averred had received the Colonial Secretary153 with the most spontaneous cordiality, the feminine section of the community being equally enthusiastic in acclaiming the substitution of the British flag for that of the Company. These protestations must be received and accepted for whatever weight they may bear. It is a fact too well known to again require substantiation, that the intervention of the British Government at this juncture was a grievous blow to the promoters of the New Zealand Company, and that whatever the feelings of the populace may have been, the leaders were never in a mood to express jubilation at the authority of the Crown thus unceremoniously overriding their own.

It is at least significant that the New Zealand Gazette, the organ of the Company, in its issue of June 6, is content with making the most meagre mention of the fact that Lieutenant Shortland had landed at Thorndon and read the Governor's proclamations. There is no enthusiasm, no shouts of acclamation described there, while the editorial is sullen in temper, and ill conceals the barb of disappointment, or the touch of sarcasm in its congratulations:

We congratulate our fellow-colonists upon being secured in this part of the world in all the rights of British subjects. All know, of course, that His Excellency has it not in his power either to extend or limit our rights, consequently if we were, so are we now entitled to the representative Government we have sometime enjoyed, though it may be for the present placed in abeyance. Under the British flag and having our representative Government in respect of administration of affairs, we shall be the most favoured Colony in this part of the world. We shall be in a better position even than South Australia, whose constitution is conditional upon having a given amount of population at a particular moment, and the which may be when obtained of a very questionable kind. If deprived of our representative Government, the main good of the proclamations will have been placing us, so far as the benefits of trade are concerned, on a footing with all other British colonies. But with this good we have a large quantity of bitter thrown into the cup. The highest in the scale of rank is a non-subcolony with a representative Government, and free of convicts; the lowest a subcolony to a Crown penal colony; and this is the position in which the free men of New Zealand find themselves placed by a British proclamation. We are dependent on New South Wales, and are therefore lowest in the scale of British colonies – indeed it would be difficult to conceive a lower condition. We are to be legislated for by a convict colony, we are therefore its inferior. New South Wales has Norfolk Island – the accursed of jails – and New Zealand as its dependencies. We place Norfolk Island first, because first subjected to New South Wales. The difference between these dependencies is that the one is now devoted to the convict system and the other is not, but as yet we have no guarantee that this shall not be the cherished abode of vice and crime. We have congratulated the colonists upon being placed under the British flag, but of course we firmly believe that Lord John Russell will immediately render these Islands independent of New South Wales, and that if we lose our Representative Government for the present, we shall not find ourselves placed upon a less favourable footing than the colonists of South Australia. It must never be forgotten that we have shewn we can govern ourselves, and were proceeding in a quiet, orderly, and successful career when the assertion of British authority took place.

That these sentiments faithfully reflected the views of the leaders at Port Nicholson is scarcely open to question, for the writer was in daily communication with them, and the most cursory perusal of them is all that is needed to establish how much of elation there is in their tone. The fact is the despatch of Captain Hobson to New Zealand, and his subsequent success, brought the keenest mortification to Colonel Wakefield and his colleagues, and after resistance and ridicule had failed to prevent the consummation of the treaty, they adopted an attitude of silent but angry acquiescence in a line of policy which in their hearts they regarded with the utmost malignity.

One thing, and one thing only, made the new position tolerable to them, and that was the prospect of securing to their own settlement the seat of Government. To this end they adopted an address of welcome to Captain Hobson, and despatched Colonel Wakefield to the Bay of Islands to present it. The bait was offered of a hearty welcome and the most valuable sites in the town for the convenience of the public offices. Captain Hobson's failure to accept the bribe only added fuel to the smouldering fires of discontent and served to enhance the difficulties of his already intricate administration – perhaps to shorten his life.

The Herald left Port Nicholson just before dusk on Sunday the 21st, beating out of the Heads in the dark against a fresh south-east breeze, with her boats holding lights on the extremities of the outlying reefs for the guidance of the helmsman. Her journey along the coast was uneventful, and on the night of the 23rd she anchored in Hawke's Bay.

On the following morning Major Bunbury landed in search of the chief Te Hapuku, the most influential representative of the Ngati-Kahungunu tribe living on this stretch of coast. By common report this chief had acquired an unenviable reputation for rapacity and extortion towards the Europeans settled at Ahuriri (Napier). For this reason Major Bunbury anticipated some little difficulty in finding him "at home":

"Nor," says he, "did the tears of some of the women who followed us from one of his residences we found at the bottom of the Bay, make me think more favourably of him. After walking about a mile along the beach, and crossing the sandy isthmus we arrived at an estuary, the road leading round it being only passable at low water. After walking and wading another half hour we arrived at the pa, but the chief had gone into the country. A native was, however, sent after him. Here we remained some time, but no chief appearing, we prepared to return, and left a note for him explaining the nature of our mission, with a native who was able to read. Before reaching our boat Te Hapuku overtook us, accompanied by a chief from the Bay of Islands district, named Hara. The chief, Te Hapuku, at first refused to sign the treaty, saying that he was nobody, and that he had heard that those who signed it at the Bay of Islands had been made slaves. I therefore requested Mr. Williams to ask the chief Hara, who was one of those who had signed, how he came not to be made a slave and how many slaves he had seen at that place when he left the Bay of Islands with Mr. Williams' father. He endeavoured then to explain his meaning by a sort of diagram on a piece of board, placing the Queen by herself over the chiefs as these were over the tribes. I told him it was literally as he described it, but not for an evil purpose as they supposed, but to enable her to enforce the execution of justice and good government equally amongst her subjects. Her authority having been already proclaimed over New Zealand with the consent of the greatest number of influential chiefs, he would find that the tribes must no longer go to war with each other, but must subject their differences to her arbitration; strangers and foreigners must no longer be plundered and oppressed by natives or chiefs; nor must the natives be injured or insulted by white men. It was not the object of Her Majesty's Government to lower the chiefs in the estimation of the tribes, and that his signature being now attached to the treaty could only tend to increase his consequence by acknowledging his title. He might, therefore, sign or otherwise as he thought best for his own interests and those of his tribe. To give him greater confidence I told him I regretted it was not in my power to show him the ship, as we had not the means of relanding his party. I could give him and his party a seat in our gig, but as they did not appear to have any canoes in this part of the Bay I did not know how they were to get back. He then immediately volunteered to go and take his chance of meeting with some canoes alongside the ship, in which he might return.

"A complaint having been made to me by Mr. Ellis, against a native who had taken from him a whaling boat with its oars and sails, on pretence that Ellis had cursed him, and who acknowledged he had been induced so to act from having been prevented from removing some sawyers he had employed, and for an attempt made to make him pay over again five sovereigns and 40 lbs. of tobacco he had paid for the timber. I referred the matter on the spot to Te Hapuku, who acknowledged that the Englishman's statement was correct. He said, however, that the native did not belong to his tribe, but as he had been cursed he wished to know how the native was to be compensated. I told him Ellis had done wrong, but according to our notions, under all the circumstances, the punishment had far exceeded the offence. I should therefore insist upon the boat being returned to him, but as mild measures were always preferable, I begged he would send a native to advise the boat being immediately given up, to prevent the necessity for my employing the ship-of-war, which I otherwise should do. Mr. Parker of the Herald and Mr. Williams having volunteered to accompany Mr. Ellis in his boat, I desired the latter, who understood and spoke the native language, to be told by Mr. Williams in their language, that I was determined that justice should be done, not alone to the natives, but to strangers also, and if necessary the Herald would interfere. When Mr. Ellis was about to shove off in his boat he returned and told me the observations that had been made had caused such a sensation amongst the natives present that he was confident his boat would be, immediately on his arrival, returned to him, and that he did not consider it would now be necessary to trouble either Mr. Parker or Mr. Williams to accompany him. These gentlemen were accordingly passed into the Herald's gig, and accompanied by Te Hapuku, Hara, and some other natives we returned on board. Captain Nias ordered a gun to be fired, at their request, and having signed the treaty and received some blankets and tobacco as a present, they were put on shore at a native village in the Bay, where they would get canoes to convey them to their residence. Mr. Ellis not having returned on board the Herald according to an agreement I had made with him on shore, we concluded his boat had been restored to him."

Major Bunbury having now visited all the places of importance from the point of view of native population on the East Coast, the Herald once more set her course for the Bay of Islands, reaching port on July 4. Captain Hobson had so far recovered in health, as to resume the active administration of affairs, and was at the moment of the Major's arrival "absent on a tour of duty." The propaganda of the treaty had prospered to the fullest expectation. Five hundred and twelve154 signatures had been obtained, embracing almost every man of influence throughout the Islands with the exception of Te Wherowhero of Waikato, Te Heuheu, of Taupo, Te Waharoa, chief of Ngatihaua and Taiaroa, of Otago.

In recognition of this achievement Lord John Russell wrote to Captain Hobson then rapidly approaching his end: "As far as it has been possible to form a judgment, your proceedings appear to have entitled you to the entire approbation of Her Majesty's Government."

In these circumstances we have now reached that stage in our history where we may in words of the chiefs themselves, write: "Now, we, the chiefs of the Assembly of the hapus of New Zealand, assembled at Waitangi. We, also, the chiefs of New Zealand, see the meaning of these words. They are taken and consented to altogether by us. Therefore are affixed our names and our marks."

SIGNATURES TO THE TREATY OF WAITANGIWaitangi, February 6, 1840

Kawiti. The leader with Heke of the rebellion in the North in 1845.