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

99

Captain Nias conducted the meeting at the Waitemata, and secured eight or ten signatures.

100

It is more than likely that at this date Captain Nias did not know the real nature of Captain Hobson's illness. Some correspondence which took place later in the month seems to suggest that there was a little friction between Dr. Lane, the ship's surgeon, and himself on the subject. On the arrival of the Herald in Sydney, towards the end of March, Dr. Lane was sent for by Sir George Gipps, who requested that he be furnished with a written report on the state of Captain Hobson's health. Dr. Lane replied, ascribing the illness to an attack of paralysis hemiplegica. In forwarding this report to the Governor, Captain Nias stated that "it is in total contradiction of everything he has stated before to me on the subject."

101

The attitude of the Missionaries toward the treaty was well expressed by the Rev. Mr. Maunsell in a letter to the Colonial Secretary, Mr. Shortland, dated April 14, 1840.

102

These services were acknowledged in the most generous terms by Captain Hobson.

103

"The appointment of Police Magistrates was one of the first acts under the new order of things. Mr. Robert (?) Shortland, the first Police Magistrate, after the illness of Governor Hobson, styled himself Acting-Governor, and a more ridiculously pompous functionary could scarcely be imagined." – Commander Wilkes.

104

"A report prevails and not without foundation that a conspiracy against the Government and Military exists amongst many of the chiefs of this neighbourhood. I know the persons implicated and I will have them closely watched. If there really is any truth in the matter it may be ascribed to the mischievous stories that have been circulated by low, abandoned Europeans who try to persuade the natives that we only wait until we are strong enough, to take possession of the land, and sell it, irrespective of Native claims." —Vide Captain Hobson's Letter to Sir G. Gipps, May 5, 1840.

105

In many cases Mr. Shortland has used the baptismal name of the men who spoke, and in some instances, such as Forde and Marsden, it is now impossible to identify the men from their signatures on the treaty.

106

A reference to the misrepresentations of the Europeans.

107

"Our chief Noble has become quite a European in his habits. He has a neat little weather-boarded cottage, which is furnished with table and chairs like our own, and his food is much the same. He has purchased tea, sugar, and rice from the European settlers, and is as cleanly with his wife as any white person, and in all respects as comfortable. He assembles his servants and people about him, morning and evening for prayer, and all his concerns are conducted with the utmost order. His Excellency Governor Hobson has just visited this place. He, with his suite, supped at Noble's, and was vastly pleased with him." – Report of Mr. Puckey in Missionary Register, 1841.

108

The meeting concluded with a war dance, and general discharge of musketry, and a feast provided entirely at Nopera's expense. Not only did he refuse to accept any payment, but he added to his generosity by sending to the Governor a present of pigs and potatoes.

109

Captain William Cornwallis Symonds was the son of Sir William Symonds, Surveyor of the Navy, and was Deputy Surveyor of New Zealand. He accompanied Dr. Dieffenbach on some of his exploring expeditions, and made maps of his observations. He was also an enthusiastic student of the native language, and collected a vocabulary of 3000 Maori words. He lost his life in 1841 through his canoe capsizing while crossing the Manakau Harbour.

110

Rewa had said at Waitangi that his opposition there had been inspired by the Bishop.

111

The Rev. Robert Maunsell (afterwards Archdeacon Maunsell) arrived in New Zealand in 1835. He was a "ripe and trained scholar," and after he had mastered the native language became, next to Mr. Henry Williams, the leader of the Missionary movement. He rendered an invaluable service to the cause of Christianity by his translations of the scriptures and prayer-book into the Maori tongue. In July 1843 his house was destroyed by fire, and with it were lost the MSS. of his dictionary, and his revisions of the translated Psalms and Old Testament. He however courageously set to work again almost before the burns upon his hands had healed. A fund of £200 subscribed in England provided him again with a library.

112

Afterwards massacred at the White Cliffs.

113

Neither Te Wherowhero nor his brother, Kati, appear to have signed the treaty.

In the appendix to Kerry Nicholls' King Country appears the following as a portion of the late King Tawhiao's autobiographical narrative: "I remember a European coming to ask Te Wherowhero (Tawhiao's father) to sign the treaty of Waitangi. That European was Mr. Maunsell. The Maori he had with him was Tipene Tahatika. Te Wherowhero said he would not sign. Mr. Maunsell remarked to Tipene, 'This ignorant old man, if he had signed, I would have given him a blanket.' Te Wherowhero was then at Awhitu. Te Wherowhero's name was afterwards put to the treaty, but it was written by Te Kahawai, and not by himself."

114

Mr. Hamlin, though laying no great pretensions to scholarship, was considered by the Maoris to be the most perfect speaker of their language in New Zealand.

115

"Here I may remark that it is impossible to view with unconcern the injurious tendency of religious dissensions among a people just emerging from paganism. Between the disciples of the Bishop and those who have embraced the doctrines of Protestantism there already exists a feeling which borders on hostility, and it is not unusual to hear the former taunted by their adversaries as worshippers of wood and stone, misguided unbelievers, devils, etc. To express sentiments of severe censure against the Roman Catholic Church and its followers is not the most efficient means of advancing the interests of the Protestant Church, and in reply to the illiberal language which is dealt forth so unsparingly on this subject, we may cite among innumerable other facts, the life and actions of Fénélon, the most blameless and virtuous of men, in proof that a Roman Catholic clergyman is not of necessity either a Jesuit or a hypocrite. But holding in view the admitted tendency of religious dissensions to unsettle and weaken the impression of Christianity in the minds of the natives of New Zealand, and at the same time to foster dissension and angry feeling it is certainly to be regretted that an attempt has been made to introduce the doctrines of Rome into a field already preoccupied by the active and zealous emissaries of the reformed Church." – Jameson.

116

"During my residence at the Bay of Islands, on this occasion, I derived much pleasure from the acquaintance and conversation of M. de Pompallier, the chief of the French Catholic Mission to the South Seas, and Bishop of Oceania, who was held in high esteem by every individual in the settlement, not only on account of his polished and courteous demeanour, but from his more important merits of learning, professional zeal, and practical benevolence. Whatever may be said of his persuasion, it is at least evident that no motives of a worldly or ambitious nature could have thus induced a man of rank and wealth to devote himself to the arduous and hazardous duties of a missionary in the Pacific." – Jameson.

117

Captain Lavaud mentions that during this interview he had always addressed the Lieutenant-Governor as "Captain," and not as His "Excellency." He explains, however, that he did so "more by instinct than with any intention of being discourteous."

118

The treaty is here transcribed in the Captain's Despatch.

119

The Rev. William Williams does not appear to have obtained the signatures of Te Kani-a-Takirau or Houkamau amongst the chiefs of Waiapu. It is unlikely that men of importance such as these were overlooked, and we may therefore conclude that they objected to sign. Mr. Williams reported that he would require sixty more blankets to complete the gifts to the chiefs in his district. Mr. Williams was afterwards first Bishop of Waiapu.

120

The district now surrounding Napier.

121

"I desire to impress upon you the anxious wish of the Directors that you, and all the servants of the Company, should do whatever may be in your power to promote the success of Captain Hobson's mission, and to accelerate as much as possible the time when it is to be hoped that he, as Her Majesty's representative may establish a British authority and the regular application of English law, not only in the Company's settlements, but throughout the Islands of New Zealand." – Extract from a letter written by Mr. John Ward, Secretary to the Company, to Colonel Wakefield, after the Company had been advised that its proceedings were illegal.

122

"On the Wednesday following, while preparing to take my departure – not being able to obtain the signatures required owing to the opposition of Colonel Wakefield and others, to the treaty between the chiefs and Her Majesty – Colonel Wakefield came to me, making a most ample apology, and expressed his regret that he should have given way to his hasty feelings on the previous Saturday, and hoped that I should not leave the port with unfavourable feelings, and that he was ready, if I wished, to make a public apology. The fact was that Colonel Wakefield wanted the land, and was willing to make any sacrifice confined to words." – Carleton's Life of Henry Williams.

123

This letter, written subsequent to the Colonel's apology, was first made public through the columns of the London Times, and it was not for months afterwards that Mr. Williams heard of it. The history of the land transaction referred to, which excited the indignation (righteous or otherwise) of Colonel Wakefield, is fully told in that interesting book, Hugh Carleton's Life of Henry Williams, vol. i. pp. 237-243, and should be read by all impartial students of the question.

124

Amongst others, by Te Rauparaha and his niece Topeora, the poetess, on May 14.

125

Immediately after his seizure, Captain Hobson had dispensed with the services of the Herald, on account of his personal differences with her Captain. She then returned to Sydney, but Sir George Gipps sent her back again, telling Captain Nias that "naval co-operation was essential to the enterprise at New Zealand, as the Queen's sovereignty was established over only a small portion of the Northern Island."

126

Major Bunbury, K.T.S., and a portion of his regiment (the 80th) were sent to New Zealand by Sir George Gipps in H.M.S. Buffalo, as the result of a request from Captain Hobson for some military support. They left Sydney just as the news of Captain Hobson's illness reached the seat of Government, and Major Bunbury was given a commission to act as Lieutenant-Governor in the event of Hobson's death or resignation.

In his Reminiscences the Major states that Captain Hobson begged him to undertake this Southern mission in order to relieve him (Hobson) from the necessity of again sailing with Captain Nias, with whom he had several violent quarrels about the salutes he was to receive and other similar details. "It was," says the Major, "a grievous sacrifice to make, the troops not having yet landed or arrangements been made for their accommodation, but I could not prevail upon myself to refuse him."

127

Horeta te Taniwha, the celebrated chief known as "Hook-nose," who remembered Cook's visit to New Zealand.

128

This was what the natives called "making their hearts good." "Pay us first and we will write afterwards." "Put money in my left hand and I will write with my right hand," was how they often expressed it.

129

Taihoa = delay, postpone, put off, reserve for further consideration.

130

Meaning that he was the representative of the central district.

131

The writing of the treaty.

132

Major Bunbury left eight blankets with Mr. Stack for distribution amongst future signatories, but the Missionary mentions in a subsequent letter: "Several more may be wanting if Tupaea and his friends sign." Tupaea would not sign, either when approached by Mr. Stack, or later when he paid a visit to Manakau. The above discussion explains why.

133

The dialect spoken by the natives of the South Island of New Zealand differs in some important respects from that spoken in the North Island.

134

Major Bunbury was so impressed with the fertile appearance of Banks's Peninsula that he recommended it be surveyed as soon as possible and thrown open for settlement in allotments of convenient size, in order to put a stop to the "preposterous claims" which were being urged by the Sydney land speculators. Most of these claims of "doubtful origin" originated in sales contracted with Taiaroa, the Otago chief, who had an equally "doubtful" right to sell. Taiaroa went to Sydney in the Dublin Packet in 1839.

135

"In some excursions I made I was much pleased with the fertile appearance of this beautiful island, and although the winter was so far advanced it was not so cold as I had anticipated from its being so far south. Indeed the number of parrakeets seen flying about give it rather the appearance of a tropical island… The soil appears in general good, with plenty of timber. There are several varieties of pine. All the trees, however, appear to be evergreens." – Major Bunbury's Despatch.

136

Major Bunbury mentions that by this time he had become ashamed of this sobriquet, which was given to him by the whalers, and disowned it, preferring to be called by his native name.

137

Tu Hawaiki had only returned in the previous month of March from Sydney, where he had been presented with these uniforms by Sir George Gipps. Shortly after this chief's repulse of Te Rauparaha at Lake Grassmere, on the coast of Marlborough, he boarded a British man-of-war, and on being asked who he was, proudly replied: "Me all the same the Duke of Wellington, Te Rauparaha all the same Napoleon."

138

Another chief named Taiaroa is also credited with signing. It is difficult to determine which chief this was, as the great Taiaroa was at Moeraki at the time. Possibly it was one of his sons.

139

These were Kaikoura and Taiaroa. The identity of this Taiaroa is not clear.

140

There were two American and two French whalers at the anchorage here at the time.

141

Major Bunbury mentions that some of these speculators had already sent a number of cattle over, but the natives resisted the occupation of their alleged purchases, and the persons who were placed in charge of the cattle "find themselves in rather an awkward predicament."

142

Popularly known amongst the whalers as "Jordy Bolts."

143

Major Bunbury mentions the eagerness manifested by the natives of Cloudy Bay for spelling-books and Testaments. On the table in his cabin was lying a Testament printed in the native language which had been given to him by Bishop Broughton. This was seen by some of the Maoris visiting the ship, who importuned him for it, with the result, he feared, that his refusal gave serious offence.

144

As the Herald left Cloudy Bay, the Kaikouras, clad in their winter snow, loomed up in the distance, and Major Bunbury was deeply impressed with what he calls their "bleak and savage appearance." The Major took his departure from the Middle Island fully convinced that it had been greatly underrated by the authorities both in regard to the fertility of its soil and the intelligence of its natives.

145

Te Rauparaha may have laid himself open to this charge of insincerity by afterwards making light of the fact that he had signed the treaty, and offering to sign again if they gave him another blanket. With Te Rangihaeata it was different. Savage that he was, he had the keenest sense of honour, and he would not have signed the treaty had he not approved it so far as he understood it. His subsequent rebellion was not a protest against the establishment of civil authority so much as it was active resistance towards what he believed to be the unfair if not the dishonest methods of land dealing adopted by the New Zealand Company, in whom he lost all confidence after their attempt to seize the Wairau Valley.

146

Before the first batch of the Company's emigrants sailed from the Thames, they were induced by the Directors to sign an agreement binding themselves to "submit in all things needful to peace and order until the establishment of a regular Government." This meant that if any of them committed a breach of the law of England, he should be punished according to the law of England. This agreement was brought under the notice of Lord John Russell who challenged the right of the Company to enforce such a provision. The Company took the opinion of Serjeant Wilde upon the point, and his advice, given on November 14, 1839, was that (1) the parties will not be justified by law in acting under the agreement, (2) that those acting under it were liable to prosecution for so doing, and (3) the agreement should be abandoned.

147

"Captain Pearson of the brig Integrity was arrested to-day (April 14) under a warrant issued for illegal conduct towards his charterer, Mr. Wade, of Hobart Town, and brought before the District Magistrate, Major Baker. The prisoner refused to recognise the Court, and was accordingly committed. The ensuing day Captain Pearson made his escape, and an escape Warrant has accordingly been issued against him." – Extract from New Zealand Gazette (the first newspaper published in the Colony), April 18, 1840.

148

The proclamation itself does not make it clear on what grounds Hobson took possession of the "Island." Indeed it is so ambiguously worded that he seems to imply that he claimed it by right of cession. In his despatch to the Secretary for State, however, he made it clear that he intended to claim it "by right of discovery," a course which he had recommended to Lord Normanby before he left England.

149

"Captain" Cole as he was sometimes called, because he had been sailing in an East Indiaman, had been one of the early Wellington settlers, having come out in the Aurora. On the arrival of Captain Hobson he removed to the Bay of Islands, and had succeeded in getting himself appointed chief constable at Port Nicholson, in which capacity he now appeared in the Southern settlement.

150

As sovereignty over only a small portion of the Colony had at this time been ceded to the Queen, Hobson was claiming a wider jurisdiction than he was entitled to in describing himself as "Lieutenant-Governor of New Zealand." He was only Lieutenant-Governor in New Zealand.

151

This also was a mistake. It should have been South, not North. On this error Sir George Grey once based the argument that New Zealand included New Guinea, and was entitled to claim control over it. The error was corrected and the boundaries so amended as to include the Chatham Islands. – Vide Letters Patent issued to Captain Hobson, April 4, 1842.

152

It had been reported that the settlers were starving, which was quite untrue.

153

While H.M.S. Britomart (Captain Stanley) was returning from her historic visit to Bank's Peninsula she put in to Port Nicholson and took Mr. Shortland on board, leaving Mr. Murphy to supply his place as the representative of the Government at the Southern settlement.

154

This number was subsequently increased to 546.

155

Mr. Fredarb, who was trading master of the schooner Mercury, added the following note to his copy of the treaty: "The chiefs at Opotiki expressed a wish to have it signified who were Pikopos (i. e. Roman Catholics) and who were not, the which I did by placing a crucifix † preceding the names of those who are, as above, and at which they seemed perfectly satisfied."

156

"One cannot but laud the moderation of the English Puritans who first established themselves in New England. Although provided with a charter from their Sovereign, they purchased of the savages the land they required to occupy. This praiseworthy example was followed by William Penn, and the colony of Quakers which he conducted into Pennsylvania." – Vattel.

157

The real discoverer of New Zealand was probably a Polynesian.

158

Stowell in his Maori-English Tutor thus defines mana:

I speak of potency, the rightTo order things as I may deem;I, nothing wanting, have the mightWhich clothes authority supreme.

Surely as much power as is possessed by any crowned head, and more than is possessed by some.

159

For some years after the treaty was signed the red blanket was considered amongst the Maoris the hall-mark of distinction, and no chief who had not received the "treaty blanket" was admitted to the select circle of their counsels.

160

The Kohimarama Conference was summoned at Auckland in July 1860, by Governor Gore Browne, "to afford an opportunity of discussing with him various matters connected with the welfare and advancement of the two races dwelling in New Zealand." It was attended on the opening day by 112 chiefs from all parts of the country, and next to the meeting at Waitangi in 1840 is the most important native conference ever held.

161

"When casuists afterwards strove to qualify the terms accorded to the Maoris, the words tino rangatiratanga foiled them. Tino is an intense expression of fulness, comprehension, and precision, and rangatiratanga included all the rights of chieftainship." – Rusden.

162

In 1841 a Mrs. Robertson, her two children, and a half-caste were murdered at the Bay of Islands by a native named Maketu. The case was heard at the first Criminal sitting of the Supreme Court in New Zealand, presided over by Chief-Justice Martin, and was watched with the keenest interest by the natives.

163

Writing on this point to Lord Stanley in a letter dated Torquay, January 18, 1845, Lieutenant Shortland remarks: "I was present at the several meetings of the natives at Waitangi, Hokianga, and Kaitaia for the purpose of considering the treaty, and the impression on my mind at the time was, that the subject was fully understood by them, and they were quite aware of the nature of the transaction in which they were engaged. I was so impressed with this idea, and so struck with the shrewdness and intelligence of many of their remarks at the first meeting at Waitangi, that at the subsequent ones I noted down the speeches of the chiefs, which all serve to show that the natives not only understood the treaty, but that they were peculiarly sensitive with regard to every question affecting their lands."