CHAPTER II

SEEKING A WAY

The cry for better Government was thus becoming imperative, and the

demand was not a new one. Both the House of Lords and the House of

Commons had entered upon exhaustive enquiries into the subject. The

former had reported that the responsibility of extending the colonial

possessions of the Crown was one that rested solely with the

Government, while the latter had declared in spirited terms that

"however pressing the nation's need for a vigorous emigration policy,

and whatever action the Government might take to meet that need by

finding a soil to which its surplus population might retreat, the

House would tolerate no scheme which implied violence or fraud in

taking possession of such territory." The reference to "surplus

population" in the House of Commons' report introduces a new factor

into the problem. It indicates internal as well as external pressure;

it tells of clamour from the teeming cities, and a rural population

discontented with their lot. It suggests that the nation's mind had

moved faster than the politicians, and that already many of England's

artisans were seeking to escape to some new country where they might

live under freer conditions. The popular theory of the political

economists of those days was "over population," and the panacea for

the existing national poverty was emigration. In spite of the fact

that people are the most precious asset a country can ever have, both

doctrines found much favour with the different sections of the

community whose interest they seemed best to serve; the spirit of

colonisation had got into the air, and the question of finding new

fields for the energies of the "surplus" people became a practical

issue which no Government could afford to ignore. The necessity for

doing something appeared impossible of evasion. Poverty at home and

crime unchecked abroad clamoured for redress, but just what to do, or

how to do it, was not easy of decision.

Sir Richard Bourke had told the Government in plainest terms that

unless they were prepared to give the British Resident more power, and

permanently station a ship of war on the coast to support him, it

would be more in keeping with the dignity of the nation to withdraw

him altogether. To give him more power was an impossibility, unless

the Government was prepared to violate the express injunction of the

House of Commons and all the precedents by which they had acknowledged

the independence of the Maoris. It was therefore not practicable to

supply the existing deficiency by extending the jurisdiction of Mr.

Busby.

In their dilemma the Ministers turned for light and leading to the

comparatively few people then in England who had previous experience

of these far-away islands. Amongst these was Captain Hobson, who in

1837 had been sent over in H.M.S. _Rattlesnake_ pell-mell to

render what aid he could to British shipping and British interests

generally, on news reaching Sydney of serious hostilities between two

of the northern tribes.[28] Captain Hobson had on his return furnished

the Governor with a report upon the condition of affairs as he found

them at the settlements he had visited. He had also entered into the

discussion of a scheme for the future government of the country, in

which he favoured proceeding upon the plan of the Hudson Bay and East

India Companies by establishing trading factories in different parts

of the islands, and so fulfilling what he urged had become a solemn

duty to apply a remedy for a growing evil. "It has occurred to me," he

wrote, "that if factories were established at the Bay of Islands, at

Cloudy Bay, and Hokianga, and in other places as the occupation by

British subjects proceeds, a sufficient restraint could be

constitutionally imposed on the licentious whites, without exciting

the jealousy of the New Zealanders or of any other power. I will not

presume to enter too deeply into the details of such a measure, but

beg simply to suggest that sections of land be purchased, enclosed,

and placed within the influence of British jurisdiction as

dependencies of this (New South Wales) colony. The heads of factories

should be Magistrates, and the chief factor should, in addition, be

accredited to the united chiefs of New Zealand as a political agent

and consul. All communications with the British Government should take

place through the chief factor, with whom alone the local factors

should correspond. All British subjects should be required to register

themselves and their landed property at the factories. Two or more

respectable British residents nearest to each station should hold

Commissions of the Peace to assist the factors. Prisons should be

constructed within the factories and legally proclaimed in the colony.

A treaty should be concluded with the New Zealand chiefs for the

recognition of the factories and the protection of British subjects

and property. To meet the expenses which the establishment of a system

of factories upon the principle I have mentioned would necessarily

entail, funds might be obtained from a variety of sources, such as a

small fee on the registration of the purchase of land from the

natives, on the entry and clearance of British shipping, and a small

percentage on goods and produce imported and exported. The great

security which would result from this system would, it is conceived,

readily dispose the British subjects resident in New Zealand, to

conform to such an impost."

After acknowledging the primary need for Imperial legislation to give

effect to his suggested policy, he continues: "The benefit which may

be supposed to arise from the establishment of factories in New

Zealand is not confined to the mere legal protection they are supposed

to afford; but we may hope they will be the means of introducing

amongst the natives a system of civil Government which may hereafter

be adopted and enlarged upon. Nor is it to be overlooked that in times

of intestine war they will afford a safe retreat to our

fellow-countrymen, who will then become powerful by concentration."

In the estimation of Sir Richard Bourke, Captain Hobson's scheme

contained "suggestions of great value," and in transmitting it to the

Colonial Office he not only gave it his full endorsement, but

justified it because it was in his opinion "neither possible nor

desirable to put a stop to the growing intercourse between the English

colonies in these seas and New Zealand." He also raised his voice

against the neutral policy which was being pursued, for while

admitting the failure of the British Residency, he protested that "it

would be difficult for His Majesty's or this Government to act for any

length of time upon the stern principle of non-interference if the

lives and property of British subjects appeared to be in jeopardy. Any

plan, therefore, by which the intercourse may be sufficiently

regulated, and usurpation, real or apparent, avoided, is well worthy

of serious consideration."

Simultaneously with Captain Hobson's scheme, was sent a letter from

Mr. Busby, written while the _Rattlesnake_ was in New Zealand

waters. In this communication the Resident also endeavoured, for the

guidance of Ministers, to reduce to a system a scheme of government

based upon his several years' experience of the people and the

country. Governor Bourke evidently looked upon it with a less

favourable eye than he did upon the report of the naval officer, and

commended it merely as advancing "suggestions that were not without

value."

This letter must, however, be regarded by all historians as the more

valuable of the two, for in it will be found the germ of the treaty

which was afterwards adopted by both _Pakeha_ and Maori as the

basis upon which New Zealand was taken into the British Empire; upon

which her past progress has been built, and her future prosperity must

depend.

In the previous year (1836) Mr. Busby had made a somewhat similar

suggestion, founded upon the principle sanctioned by the Treaty of

Paris in the case of Great Britain and the Ionian Isles, and also

applied in various instances on Britain's Indian frontier. That

principle recognised "a protecting state administering in chief the

affairs of another State in trust for the inhabitants," and this

condition he claimed could be, with but slight modification, applied

to New Zealand both economically and efficiently. Mr. Busby was by no

means of the opinion, afterwards so contemptuously expressed by Sir

George Gipps, that the native Declaration of Independence was "a paper

pellet fired off at Baron de Thierry." On the contrary, he attached

considerable importance to it, proposing to make it the authority on

which the chiefs were entitled to enter into diplomatic relations with

Great Britain for the cession of their administrative rights.

"The chiefs who were parties to the articles of Confederation, and to

the Declaration of Independence," he wrote, "together with those who

subsequently adhered to it, include, with very few exceptions, the

whole of the chiefs of influence in the northern parts of the Islands,

and the adhesion of the remainder could at any time be procured.

Whatever acts approaching to acts of sovereignty or government have

been exercised in the country, have been exercised by these chiefs in

their individual capacity, as relates to their own people, and in

their collective capacity as relates to their negotiations with the

British Government, the only Government with which the chiefs or

people of New Zealand have had any relations of a diplomatic

character. The articles of Confederation having centralised the powers

of sovereignty both _de jure_ and _de facto_ by the several

chiefs, and having established and declared the basis of a

constitution of government founded upon the union of those powers, I

cannot, I think, greatly err in assuming that the congress of chiefs,

the depositing of the powers of the State, as declared by its

constitution, is competent to become a party to a treaty with a

foreign power, and to avail itself of foreign assistance in reducing

the country under its authority to order, and this principle being

once admitted all difficulty appears to me to vanish."

It did not, however, enter into the proposal of Mr. Busby that the

British Government should be both in theory and in fact the

administrative authority. He still contemplated the retention of the

federated chiefs as the nominal source of power, with himself as its

presiding genius. "In theory and ostensibly the government would be

that of the confederated chiefs, but in reality it must necessarily be

that of the protecting power. The chiefs would meet annually, or

oftener, and nominally enact the laws proposed to them, but in truth

the present race of chiefs could not be entrusted with any discretion

whatever in the adoption or rejection of any measure that might be

submitted to them."

He proposed to constitute the chiefs guardians of the peace and public

morals, and to pay them for their services. Schools were to be

established, and the Missionaries and catechists were, as far as their

duties would permit, to be appointed Justices of the Peace, whose

decisions were, if needs must, to be supported by a military force.

Even a periodical newspaper was provided for as a means of

"instructing the natives in those relative duties of the people and

their rulers, which are familiar to all ranks of the population under

established Government, but of which the New Zealanders have scarcely

yet formed an idea." Revenue was to be raised by an impost on shipping

and a duty upon spirits and tobacco. Indeed, so modest was his

contemplated civil establishment that he estimated an expenditure of

not more than £1000 per annum would be sufficient to maintain it in

adequate splendour. All existing land claims were to be settled by an

independent commission, and after that all titles were to be void

unless procured through the Government, whose special duty it would

be to see that ample reserves were retained for the natives.

Mr. Busby, in submitting these proposals, ventured to suggest that

they might be presumed to give an effective degree of protection to

the British subjects resident in New Zealand, without infringing on

the rights of the New Zealanders as an independent people and at the

same time "satisfy the reasonable scruples of a foreign Government."

This latter condition was one that in maturing their plans the British

Cabinet could not leave out of their consideration; for already both

France and America were factors to be counted upon in the South

Pacific, and might with almost equal justice claim a share in the

sovereignty of the country.

The Government were still wrestling with the perplexities of the

position when the New Zealand Association rose into being, and served

to still further complicate the issues. There was an opinion in

political circles, afterwards crystallised into a definite

recommendation by the House of Lords, that the colonisation of New

Zealand was the duty of the State, if it was Britain's duty at all,

but private enterprise had never been wholly disassociated from the

scheme.[29] As far back as 1825 a New Zealand Company, "acting with

the sanction and encouragement of the Government," had been formed

under Lord Durham, and had acquired an estate on the banks of the

Hokianga River. This settlement, under Captain Heard, had been of the

most fugitive character; but the land still remained more or less an

asset, and subsequently was acquired by the New Zealand Association,

founded in 1837 by the Hon. Francis Baring, M.P. for Sheffield, in

conjunction with other gentlemen prominent in English public life of

that day. This Association grew out of an enquiry made at the instance

of the House of Commons by a committee called the Committee on

Colonial Lands, but the real subject of the enquiry was colonisation.

One of the principal witnesses was Mr. Edward Gibbon Wakefield, who

gave some account of the then existing state of New Zealand, and spoke

of it as a country extremely eligible for the purpose of British

colonisation, provided some regular system should be adopted in place

of the lawless practices that were then rampant. In consequence of

that statement, a member of the committee spoke to him upon the

subject of colonising New Zealand. Subsequently other gentlemen were

admitted to their discussions, and as a result of their joint

deliberations they determined to form an Association for the purpose

of obtaining from Parliament (for Parliamentary aid was considered

essential) some regulation both for the colonisation and the

government of the Islands, to take the place of the irregular

practices that were then on foot.

There is little doubt that in its inception the Association had a

large measure of philanthropy underlying its principles, for it was

the outcome of the unsatisfactory social conditions existing in

England at that period. The scheme attracted to its aid men of wealth

and culture, and under the organising genius of Edward Gibbon

Wakefield it acquired an influence, both social and political, which

no government could safely regard with indifference.[30]

To secure New Zealand as a British possession; to find a profitable

investment for British capital; and to provide employment and

opportunity for England's idle labour were the nominal objects for

which the Association had been formed. To give these purposes

practical effect the Association had, under the guiding hand of

Wakefield, formulated definite theories upon the subject of

colonisation; and to the end that their ideals might be achieved they

sought the assistance of the Government and the sanction of

Parliament.

On a day in June 1837 they secured an interview with the Prime

Minister, Lord Melbourne, whom they found attended by Lord Howick, a

member of the Government, though not of the Colonial Office, and who

was present, so they were told, in the character of an adviser on the

subject, he having paid considerable attention to colonial problems.

The aims and purposes of the Association were laid before the

Ministers by Mr. Baring, chairman of the society, and the result of

the deputation was an assurance from the Premier that for himself he

saw no objection to the scheme of the Association, and that he

perceived in some of their purposes a laudable object, but that not

being familiarly conversant with such subjects he did not care to do

more than to express his general approbation, and to refer the

deputation for the discussion of all matters of detail to Lord Howick,

who was well informed on all such questions, and who possessed, in the

office which he held, as much leisure as would enable him to attend to

the subject. The committee was highly satisfied with their interview,

and communicated in various ways with Lord Howick upon the details of

their plan, amongst other things submitting to him a draft of the Bill

which they proposed to introduce into the House of Commons. Lord

Howick examined the Bill, and both in conversation and in writing

suggested various modifications, which though not universally approved

by the promoters, were adopted in their entirety rather than risk the

loss of that influence which they considered essential to the success

of their plan--the assistance of the Executive Government. The death

of the King, William IV., at this juncture, put a sudden termination

to their political proceedings; but the outlook for their negotiation

appeared so satisfactory that, pending the assembly of the new

Parliament, they published an invitation to all persons so disposed to

join the Association for the purpose of emigrating to New Zealand. The

publication of this resolution drew to their ranks a large body of

wealthy and influential people; and when Parliament met again in

December of the same year a very considerable number of persons had

expressed their intention of settling in the new colony. Accordingly

the committee, on December 13, again waited on Lord Melbourne with a

view to obtaining his final approval upon the measure which they

proposed to submit to the Commons. As at the previous interview, the

object of the Association in seeking this second conference was stated

by Mr. Baring, when Lord Melbourne, who appeared to have forgotten

what had passed on the former occasion, referred the deputation to

Lord Glenelg, who was present as Colonial Minister.

This gentleman at once adopted an attitude of hostility to the whole

proposal, his objections being primarily that the jealousy of foreign

powers might be excited by the extension of British colonies; that

England had colonies enough; that they were very expensive to govern

and to manage; and that they were not of sufficient value to make it

worth while to increase their number.[31] The rebuttal of these

unexpected objections involved a discussion of over an hour, during

which considerable feeling was displayed by some of the gentlemen

present, who saw in the attitude of the Minister a grim prospect of

their scheme being thwarted. Several of these had, during the interval

since the previous interview, disposed of their property and quitted

professions in which they were engaged, with a view to emigrating, and

they now felt very strongly the position in which they were placed by

the withdrawal of the Ministerial approval which they believed their

enterprise was to receive. One of these was described to Lord

Melbourne as having wound up his affairs with a view to emigrating,

and as being likely to suffer very seriously from now finding himself

unable to carry his plan into effect. Lord Melbourne, not knowing that

he was present, said that such an individual must be mad. The

gentleman immediately rose and, facing the Premier, said that he was

the madman. This created a distinctly dramatic situation, and the

conference was on the point of breaking up in excitement and disorder

when Lord Melbourne was reminded of his former sympathetic reception

of the Association's proposals, whereupon he held a further brief

consultation with the leaders of the deputation, and gave them to

understand that the matter would be again considered by the

Government, and that if they would wait upon Lord Glenelg in a week's

time they would get an answer more to their satisfaction. Pursuant to

that arrangement, the same body of persons waited on the Colonial

Secretary on that day week (Wednesday, December 20), when Lord Glenelg

informed them that the subject of the colonisation of New Zealand had

been reconsidered by the Cabinet, and that circumstances which had

occurred during the interval had induced Ministers to think that their

former view was not the correct one. What had happened to so influence

the Ministerial mind was the receipt of those important despatches

from Mr. Busby, the British Resident, and from Captain Hobson, in

which both these officers urged the need for a more vigorous policy on

the part of the Colonial Office in its relations with New Zealand. The

opinions of the Government, therefore, now approximated somewhat more

closely to those of the Association, but there was still some

hesitancy in proceeding by way of Act of Parliament. The Colonial

Department, Lord Glenelg said, had fully considered the matter, and

were satisfied that the measures desired might be carried into

complete effect without applying to Parliament at all; and that they

were consequently prepared, in the exercise of the power of the Crown

vested in the Secretary of State for the Colonial Department, to give

to the Association a Charter of Incorporation, being a Charter of

government similar to those which were granted in the sixteenth and

seventeenth centuries to the companies which founded the thirteen

great colonies in America. Nine days after this interview the

Association received an official letter from Lord Glenelg, reiterating

his offer of a Charter, and calling upon the committee to form their

members into a Joint-Stock Company with a subscribed capital

sufficient to qualify them for the Charter he proposed to issue. This

proposition was wholly unacceptable to the Association for two vital

reasons. They had from the beginning declared that they intended to

take no private pecuniary interest in the undertaking, and yet in

spite of their care in this direction they had been very untruly

charged before the public with having no other object than that of

private pecuniary gain for themselves. Again some of their most

influential leaders were persons, such as distinguished clergymen of

the Established Church, holding preferment, who were almost

disqualified by that circumstance from becoming members of a

Joint-Stock Company, and, therefore, it was unanimously resolved that

the offer of the Colonial Secretary could not be accepted. But though

this avenue of procedure was closed there was still another open to

them, and it was determined to procure, if possible, the passage of a

Bill through Parliament, based upon the plan which they had originally

placed before the Government. Such a Bill was brought into the House

of Commons by Mr. Baring, but owing to the opposition of the

Ministers, including Lord Howick,[32] and the widespread impression

that the Association was nothing better than a land-sharking Company,

the measure was defeated by a large majority.

The discussion which was provoked by this Bill was responsible for

concentrating public attention upon two points, namely, the objects

which animated the Association, and, secondly, the diversity of

opinion which existed on the subject of British sovereignty in New

Zealand. One of the most ardent advocates of the Association was the

Rev. Dr. Hinds, a clergyman of the Established Church, who had been

greatly impressed by the social stagnation in England, and who had

joined the committee in the hope of providing some outlet for the

country's allegedly "surplus" population. Dr. Hinds told the Committee

of the House of Lords in 1838[33] that he considered the colonisation

of New Zealand expedient because of the number of persons of various

classes in Great Britain who were anxious to settle themselves in a

colony in New Zealand; persons who from their character, station, and

other considerations, had a claim on the British Parliament to

facilitate that object. The feeling, he assured their Lordships, in

favour of such a colony was deep seated and sincere, supporting his

contention by quoting letters he had received from Scotland,[34]

where, he said, existing conditions were clamant for an immediate

remedy. That remedy, he contended, the colonisation of New Zealand

would supply. "There is," he said, "an abundance of capital and an

abundance of labour in Great Britain, and the abundance of capital the

capitalists can hardly employ so as to be sufficiently remunerative by

any investment in this country. At the same time there is a great mass

of the labouring population who can no longer obtain sufficient wages

to keep up what have become the necessaries of life to them. The

proposed colony would therefore be a measure of relief to both the

capitalists and labourers."

[Illustration: LORD NORMANBY.]

Dr. Hinds concluded his instructive picture of social England at that

date by urging the colonisation of New Zealand on the general ground

that settlement was already proceeding there along irregular lines,

and without any "combining principle." This fundamental requirement to

all well-ordered societies, he thought, was provided for in the plan

of the Association, and he proceeded to explain in very explicit terms

the two cardinal points of its constitution--its Government, and the

principles which would control its land transactions.

The executive authority of the Association was, he said, to be placed

in the hands of a Commission resident in England, which Commission was

to be merely a provisional body to last so long as might be thought

necessary to set the scheme on foot. It was proposed to delegate to

these Commissioners the power to make laws, the Crown to determine the

extent of the delegation, and many other important matters. A further

power of delegation was to be given to a Council in New Zealand, but

the responsibility for all that was done was to rest with the

Commission at home. "Whatever the powers are, it is only required that

they should be exercised for a period of twenty-one years, and the

Association would not at all object if it should seem desirable to

have the time shortened. At the end of that term the whole Government

of the colony would revert to the Crown."

In its land dealings, the element of profit was to be eliminated by

the fact that the whole of the money derived from the sale of land or

other sources must be spent in the interests of the colony, and no

member was to derive any advantage therefrom: "The money for which the

land will be sold by the Commissioners will be a price made up of

several sums. It will in the first place contain the sum paid for the

land itself, which I conceive will be a very small proportion. It will

contain then a sum which will be calculated as sufficient for bringing

out labourers to cultivate the land purchased; that will be the

largest amount. It is also proposed that there should be a further sum

added for the purpose of making roads, bridges, and public works, and

it is also proposed that one of the items should be a sum to be

expended in making provision for the natives, such as procuring them

medical assistance and some instruction in the arts. The price the

settlers will pay for the land will be only the price paid for it to

the natives, and the additions to that sum will be in fact the

purchase money paid for certain benefits which are considered

essential to the prosperity of the colony, more especially for a due

supply of labour."

The House of Lords' Committee reported against this scheme on the

broadly Imperial grounds that the extension of the colonial

possessions of the Crown was a question of public policy with which

the Government only should deal. The element of private enterprise

was, in their Lordships' opinion, eminently undesirable, holding with

Captain Fitzroy, whose personal experience they valued, that

"colonisation to be useful must be entirely under the control of the

Executive Government of the Mother Country."

At this point a new and vigorous opponent directed its energies

against the plans of the Association. The Church Missionary Society

had been watching its proceedings with a jealous eye, and from the

moment of the Association's inception had adopted an attitude of

hostility towards it. Rightly or wrongly the Society had conceived the

notion that the colonisation of the country must have a detrimental

effect upon its Missions, and that therefore a sacred duty devolved

upon the Committee to frustrate its consummation if it were at all

possible so to do.

Immediately following the publication of the Association's prospectus

the Society had communicated with its Missionaries in New Zealand,

calling their attention to the scheme, and urging them to furnish the

Committee with their views upon it, and so assist the parent body in

reaching a conclusion as to its merits. Without waiting for these

replies the Committee proceeded to deliberate upon the evidence then

available, and on June 6, 1837, formulated the following resolutions,

which they ever afterwards consistently made the basis of their

attitude towards the Association.

That the New Zealand Association appears to the Committee highly

objectionable on the principle that it proposes to engage the British

Legislature to sanction the disposal of portion of a foreign country

over which it has no claim to sovereignty or jurisdiction whatever.

That the Association is further objectionable from its involving the

colonisation of New Zealand by Europeans, such colonisation of

countries inhabited by uncivilised tribes having been found by

universal experience to lead to the infliction upon the aborigines of

great wrongs and most severe injuries.

That the Committee consider the execution of such a scheme as that

contemplated by the Association especially to be deprecated in the

present case, from its unavoidable tendency, in their judgment, to

interrupt if not to defeat, those measures for the religious

improvement and civilisation of the natives of New Zealand, which are

now in favourable progress through the labours of the Missionaries.

That for the reasons assigned in the preceding resolutions the

Committee are of opinion that all suitable means should be employed

to prevent the plan of the New Zealand Association from being carried

into execution.

The Society again made declaration of its views in the following year,

embodying in its annual report (May 1, 1838) a plea for the humane

consideration of New Zealand's claims, and for their own disinterested

services to the country:

Your Committee cannot close this report on the New Zealand Mission

without adverting to the peculiar situation of that country as it is

regarded by the public at large. What events may await this fair

portion of the globe, whether England will regard with a sisterly eye

so beautiful an Island, placed like herself in a commanding position,

well harboured, well wooded, and fertile in resources; whether this

country will stretch forth a friendly and vigorous arm, so that New

Zealand may with her native population adorn the page of future

history as an industrious, well-ordered, and Christian nation, it is

not for the committee of the Church Missionary Society to

anticipate--but this consolation they do possess. They know that the

Society has for the past twenty years done good to the natives,

hoping for nothing again, nothing save the delight of promoting the

Glory of God and good-will among men. The Society has sent forth its

heralds of peace and messengers of salvation, and has thus contracted

such an obligation towards those whom it has sought to benefit that

your Committee are constrained to lift up their voice on behalf of

that Island, and to claim that no measures shall be adopted towards

that interesting country which would involve any violation of the

principles of justice on our part, or the rights and liberties of the

natives of New Zealand.

The Society having once determined upon its attitude towards the

Association never turned back. Their Secretary, Mr. Dandeson Coates,

became a militant force whom they found it difficult to shake off, and

together with the enormous influence he was able to wield in religious

circles, constituted a power that might have made the Government pause

had they been predisposed to afford the Association the shelter of

their wing.

Harassed by the Church Missionary Society and repulsed by Parliament

the Association turned to the hope of resuming the negotiations with

the Government at the point at which they had broken with Lord

Glenelg. In the previous year the Colonial Secretary had, it will be

remembered, reluctantly professed sympathy with the objects of the

organisation up to the point that it fell short of being a Joint-Stock

Company. He had then informed Lord Durham[35] that colonisation having

gone on in New Zealand to some extent, the only question was between

allowing it to proceed along desultory lines, without law, and fatal

to the natives, or a colonisation organised and salutory. "Her

Majesty's Government are therefore," he said, "disposed to entertain

the proposal of establishing such a colony. They are willing to

consent to a Corporation by a Royal Charter, of various persons to

whom the settlement and government of the projected colony for some

short term of years would be confided. The Charter would be framed

with reference to the precedents of the colonies established in North

America by Great Britain in the sixteenth and seventeenth centuries."

The basis on which these Atlantic colonies had been established was

that of business concerns; for it was officially stated that the

Association's scheme was objected to because of the absence of an

actual subscribed capital, and the consequent want of protection to

those proceeding to the colony as emigrants. For the reasons already

given, the stipulation that the Association should convert itself into

a Joint-Stock Company was so contrary to the motives which had

inspired it that it was at first, and still was, hotly resented and

resisted by its principal and truly philanthropic promoters. Many of

these now withdrew from the ranks of the Association; but others,

rather than give up the hope of colonising the Islands, consented to

comply with the demand of the Minister, after Parliament had rejected

their Bill, as they wrongly assumed, for the insufficient reason of a

non-existent capital. The Association then, in 1838, became a Company,

shares were issued, capital subscribed, the reorganisation changing

its whole character from a quasi-benevolent to a strictly commercial

concern, whose business it was to buy land at a low price in New

Zealand, and sell it at a high price in England.[36]

In the meantime a change had taken place at the Colonial Office. Lord

Glenelg had fallen over his Canadian policy, and in the year following

its reconstruction, the Company, on the ground that they had now

complied with all that had been stipulated for, approached his

successor, Lord Normanby, "with a view of obtaining, through his

Lordship's intervention, a Royal Charter of Incorporation." Upon what

took place at this interview the widest divergence of opinion appears

to exist. The Company claimed that the Minister received them with the

greatest affability and encouragement, and that in consequence they

left the Colonial Office in high spirits at the very favourable

reception they had met with, and were perfectly satisfied in their own

minds that all opposition to their scheme had not only ceased, but

that they could proceed with the full concurrence of the Government.

Their feelings may, therefore, be easily imagined when, within

forty-eight hours of their meeting with the Minister, they received an

official letter from Lord Normanby, dated March 11, 1839, in which his

Lordship warmly repudiated the suggestion that the Government was in

any way bound to give effect to his predecessor's promise. He pointed

out that Lord Glenelg's offer had been distinctly rejected by those to

whom it was made; that they had since applied to Parliament for powers

which they had failed to procure from the Crown; and that the

personnel of the Company had so completely changed that by no process

of reasoning could it be argued that the promise of Ministerial

approval had been given to the same people as were now making the

application. He therefore claimed that he stood unfettered by any

pledge, and was free to discuss the question in the public interests,

and for the public as though the rejected offer of 1837 had not been

made.

In thus sternly refusing to countenance the proceedings of the

Company, the Minister may have been induced to adopt the course he

took by a reason altogether different from that which he gave, but one

which he found more difficult to diplomatically express. For directing

his attention to the change in the personnel of the promoters he was

indebted to his Departmental Secretary, Mr. Stephen, who had kept the

strictest watch upon the correspondence of the Company, and when the

request, now under review, was preferred, he wrote a Memorandum to his

Minister which may have profoundly influenced the mind of Lord

Normanby.

"You can see," he said, "from looking over the list of the proposed

Directors, that the leading members are now Roman Catholics. If this

business is committed to them, New Zealand will infallibly become a

Roman Catholic country. I am convinced that this would give the most

severe offence to all the religious bodies which have established

Missions there. I cannot withhold expressing my own opinion that the

objection would be perfectly just and well founded. As long as we

have the choice of establishing Popery or Protestantism in any part

of the world I cannot understand how any one, not a Roman Catholic,

would hesitate what that choice should be."[37]

How far the suggestion of Mr. Stephen weighed, or did not weigh, with

his chief can now only be a matter of merest speculation, for

unfortunately little in the way of record has been left to guide us.

It is possible that under the sway of the religious feeling which

existed in England at that time he did not altogether disregard it,

but it is more probable that the circumstance which weighed with him

most was the fact that since Lord Glenelg's day the Government had

received more serviceable advice as to their powers under the Law of

Nations, and that finding it was not within their right to issue a

Charter affecting New Zealand, they were then considering the

suggestions made by Mr. Busby and Captain Hobson, and were even at

that moment contemplating the steps which they afterwards took. Lord

Normanby would, under these circumstances, find it difficult and

inexpedient to refer in definite language to these immature plans, and

consequently the general terms in which he was compelled to speak may

have misled the members of the Company who waited on him to sue for a

Charter. In considering a petition from the Merchants, Bankers, and

Shipowners of the City of London respecting the colonisation of New

Zealand, an effort was made by a Committee of the House of Commons, in

1840, to discover exactly what was the attitude of the Ministerial

mind at this juncture. Mr. Gibbon Wakefield complained that the

Company had been scurvily treated by Lord Normanby, who had led them

to suppose that they had his sympathy and approval, and had then,

within a comparatively few hours, despatched the letter in which he

refused to be bound by the promise of his predecessor to issue a

Charter. In reply to this accusation, Mr. Labouchere, who was then

Under-Secretary at the Colonial Office, and might, therefore, be

expected to have some inside knowledge, took the view that the

Minister had been misunderstood, and asked whether the position was

not this: That Lord Normanby had stated to the Company that he

considered their objects very useful and laudable, and that he should

have been disposed to give them his most favourable consideration,

provided New Zealand were a British colony; that he intended to take

steps that he believed would probably lead to the constitution of New

Zealand, either wholly or in part as a British colony; but that till

those steps had been taken it would be utterly inconsistent with his

official duty, not only to give encouragement, as a Minister, to the

proceedings of the Company, but even to recognise them in any way

whatever?

To this Mr. Wakefield's answer was: "My impression has always been

that when Lord Normanby received those gentlemen he sincerely felt

what he said; that he was glad to see persons of so much influence,

and of such station in society, engaged in such a work; but that after

the interview he came into communication with the officers of his

Department, and received information of what had passed before, for he

was quite new in the office,[38] and that the letter written after the

interview, which was so much at variance with it, was written rather

by the office, I should say, than by Lord Normanby himself, for the

purpose of maintaining the consistency of the course which the

Government had pursued."

It was therefore clearly the opinion of Mr. Wakefield that Mr. Stephen

was a force to be reckoned with, and that whether he influenced it

from the religious or the secular point of view, the Departmental head

of the office was a powerful factor in moulding the policy which the

Minister afterwards followed. But be that as it may, it still remains

that from this date the Company and its colonising scheme received no

quarter from the Colonial Secretary nor from the Department while he

was at its head. Nothing daunted by official discouragement, the

Company went steadily on with their arrangements; and within the year

they had so far completed their plans that their pilot ship was ready

to sail, all that was requisite being the extension of a helping hand

to Colonel Wakefield, their pioneer representative, by Her Majesty's

officers in Australia, in the event of things going badly with him. To

this end, on April 29, Mr. William Hutt, who had now become chairman

of the Company, Lord Petre and Mr. Somes waited upon Lord Normanby,

preferring a request that letters might be given to the leader of

their expedition, soliciting the good offices of the Governors of New

South Wales and Van Dieman's land, should Colonel Wakefield require

their aid. Their request was accompanied by a copy of the Company's

instructions to Wakefield, all of which came as a violent surprise to

the Colonial Secretary, who immediately pronounced with unmistakable

emphasis, the Government's hostility to these unauthorised

proceedings. He protested that this was the first he had heard of the

Company's matured plans to proceed to New Zealand and there set up a

system of Government independent of the authority of the British

Crown, therefore it was impossible that he could do any act which

might be construed into a direct, or even indirect, sanction of such a

proceeding. He further made it plain that the Government could not

recognise the authority of any agents whom the Company might send out

to New Zealand, nor would they give future recognition to any

proprietary titles to land within that country, which the Company

might obtain by grant or purchase from the natives. Indeed, so far had

matters, he said, now been pushed, that he had no option but to

indicate that the time had arrived when Her Majesty must be advised by

her Ministers to adopt one of the last of Lord Glenelg's

recommendations, before he left the Colonial Office,[39] and take

measures without delay to obtain cession in sovereignty to the British

Crown of such parts of New Zealand as are, or might be, occupied by

British subjects, and that officers selected by the Queen, and not by

the Company, would be appointed to administer the executive Government

within such territory. "Under these circumstances," the Colonial

Secretary concluded, "I must decline to furnish the Company with the

introductory letters for which they apply."

This intimation was given to the Company in the dying days of April

1839, and by the 13th of June Lords Normanby and Palmerston had, after

consultation with the Law Officers of the Crown, agreed not only that

the moment was ripe for official action, but that the proper course to

take was to send to New Zealand an officer with Consular powers, whose

first duty would be to secure the cession in sovereignty from the

chiefs. The territory so ceded was then to be annexed to New South

Wales, the Consul to be raised to the rank of Lieut.-Governor, acting

under the Governor of the Mother colony, but invested with sufficient

authority to preserve law and order in the country. His salary of £500

per annum was at first to be a charge upon the revenues of New South

Wales, to be refunded so soon as the necessary arrangements could be

made for the collection of taxation in New Zealand.

On July 19 these proposals were confirmed by the Lords of the

Treasury, whereupon Lord Palmerston penned the letter to Captain

Hobson of which the opening paragraph of the previous chapter is a

brief extract.

In the meantime a clipper brig of 400 tons, named the _Tory_ had

been quietly fitted out by the Company for a dash to New Zealand. She

was armed with eight big guns, and as a precaution against a hostile

reception, small arms were provided for all the members of the crew, a

specially selected body of men. Under the command of Captain Chaffers,

who had been round the world with Fitzroy in the _Beagle_, she

left Plymouth Sound on May 12 (1839) and proving a smart sailer,

crossed the equator twenty-six days out, the high land of the South

Island being sighted in the vicinity of Cape Farewell on August 16.

This pioneer ship of the Company's fleet carried in her cabin their

official representative in the person of Colonel William Wakefield,

and in her hold a full complement of pots, pipes, and Jews' harps,

which that gentleman proposed to exchange as full value for the land

he hoped to acquire by barter from the natives.

The sailing of the _Tory_ was the New Zealand Company's challenge

to the Government, and in any estimate of its subsequent policy this

precipitate event must be accounted an important factor in endowing

the Colonial Office with a vital force which had hitherto been sadly

lacking.

[28] This war, it is said, arose through some one on board the

_Roslyn Castle_ carrying off a native woman of high rank to sea.

Her friends at Kawakawa accused the people of Kororareka of killing

and eating her in satisfaction of an old feud. This they denied, but a

war ensued, 1500 fighting men being engaged, the war continuing for

several months, eighty being killed.

[29] In 1821 Mr. Henry Goulburn, by direction of Earl Bathurst,

informed R. M. Sugden that his Lordship "did not feel he had any power

of approving any particular encouragement to the establishment of a

colony in New Zealand." In 1822 Earl Bathurst informed Thomas England

and Messrs. Taylor and Upton that no encouragement was given by the

Government to settlers to proceed to New Zealand. In the same year Mr.

John Thomson, A.M., Edinburgh, offered to found a colony of 50 sober

men, 100 Sepoys, and 100 convicts, as "the inhabitants of New Zealand

are just in that state of civilisation to be made useful." In November

1823 Lieutenant-Colonel Nicolls, an ex-Indian officer, made a proposal

to Earl Bathurst to establish a colony of military pensioners. In the

following month Baron de Thierry's scheme was brought under the notice

of the Government. The year 1825 saw the first New Zealand Company

established. Colonel R. Torrens, who afterwards did such good work in

South Australia, applied in 1826 for the command of a military force

in New Zealand, and so enable him to "make preliminary arrangements

which would facilitate the future colonisation of these islands upon

sound economical principles."

[30] It was said that at one period of its existence the New Zealand

Association could command 42 votes in the House of Commons.

[31] Lord Glenelg did not on this occasion urge as an objection that

New Zealand was not a part of the British Empire.

[32] After the Association was formed into a Company Lord Howick

became one of its most ardent supporters.

[33] A select Committee of the House of Lords was set up in 1838 "to

enquire into the present state of the Islands of New Zealand and of

the expediency of regulating the settlement of British subjects

therein."

[34] "It was only within the last three months that I received a

letter from Paisley, stating that if a colony were formed in New

Zealand on the principles laid down in our publication in that

neighbourhood alone there were a hundred respectable persons--indeed I

am not sure the expression was not 'respectable families,' but I have

not the letter with me--who would emigrate immediately" (Dr. Hinds

before the House of Lords Committee). Mr. G. S. Evans, LL.D., in his

evidence stated there was an Association in the West of Scotland

consisting of 200 members, and another in the Carse of Gowrie

consisting of at least 100 persons, all anxious to emigrate to New

Zealand.

[35] _Vide_ his letter to Lord Durham, December 29, 1837.

[36] "I was the principal founder of the Company and the principal

Managing Director from the time of its formation till the summer of

1846, allowing for intervals of absence occasioned by illness and

other occupation at a distance from England. My incapacity changed the

whole character of the direction of the New Zealand Company's affairs,

which then fell into the hands of a few persons in whose minds sound

principles of colonisation and colonial government were as nothing

compared with pounds, shillings, and pence."--Evidence of E. G.

Wakefield before a New Zealand Parliamentary Committee on New Zealand

Company's debt--Sessions 1 and 2.

[37] For the text of the above Memorandum I am indebted to Mr. R.

M'Nab, who copied it from the original in the Record Office, London.

Mr. Stephen, who wrote the Memorandum, was, at the time, an officer of

the Church Missionary Society.

[38] Lord Normanby became Colonial Secretary on February 8, 1839.

[39] _Vide_ his letter to Lord Palmerston, December 12, 1838.

The Treaty of Waitangi; or, how New Zealand became a British Colony · 第 2 / 10 章