CHAPTER IV

THE MAORI MAGNA CHARTA

So soon as the _Herald_ was come to anchor she was boarded by Mr.

Busby and three of the resident Missionaries, from whom Captain Hobson

learned that his apprehensions regarding French occupancy were

groundless, the tricolour on the hill indicating no more than the

whereabouts of Bishop Pompallier's church. One of the visitors who had

come thus early to pay his respects to the new Governor was Mr.

Colenso, with whom Captain Hobson entered into an arrangement for the

printing, at the press of the Church Missionary Society, of circular

letters inviting the chiefs to meet him at Mr. Busby's residence at

Waitangi on the following Wednesday, for the purpose of discussing the

proposals of the British Government; and to all the British residents

requesting their presence at the Mission church at Kororareka on the

following day, there to hear Her Majesty's Commission under the Great

Seal, extending the limits of the colony of New South Wales, and also

Her Majesty's Commission under the Royal signet and Sign manual,

appointing Captain Hobson as Lieutenant-Governor over such part of

that colony as might be acquired in Sovereignty in New Zealand. These

invitations were in circulation on the following morning, messengers

being despatched to inform the chiefs, while the European residents

perused the notice issued to them with marked interest and mixed

feelings. During the afternoon Captain Hobson, accompanied by Captain

Nias and his officers, landed on the Kororareka beach, and walking to

the church there read his Letters Patent in the presence of the

assembled people, forty of whom so far signified their approval of the

proceedings as to subscribe their names to the document. The

proclamations framed by Sir George Gipps and his Executive were also

read, the first announcing that Her Majesty's authority had been

asserted over British subjects in New Zealand; the second, which was

by no means so popular, acquainting the public of the fact that Her

Majesty did not deem it expedient to acknowledge as valid any titles

to land in New Zealand which were not derived from, or confirmed by, a

grant from the Crown.

These ceremonies concluded, the intervening days were spent in

completing arrangements for the fateful gathering on the 5th, not the

least arduous duty being the drafting of the treaty, upon the

acceptance or rejection of which everything would depend. The

exigencies of the position demanded that the greatest care should be

exercised in framing the terms of the document,[51] because while it

was desired that the proposal of the Crown should be stated with the

utmost frankness, the least looseness of expression might imperil the

whole project by raising ungrounded alarm in the minds of the natives.

To guard against this it was necessary that those concerned in the

preparation of the treaty should have not only a full knowledge of the

Crown's intentions, but also an intimate acquaintance with the

subtleties of the native character. This latter qualification neither

Captain Hobson nor the members of his staff possessed even in a remote

degree. To add to their difficulties, Captain Hobson began now to

experience the first symptoms of that illness which in less than three

years proved fatal to him. He became indisposed, and was unable to

leave the _Herald_. In the seclusion of his cabin, however, he devoted

himself to an effort to reduce to concrete terms the obligations in

which the Crown was prepared to involve itself, and the reciprocating

advantages it would require from the natives. In this he achieved but

meagre success, and conscious of failure he despatched his chief

clerk, Mr. George Cooper, to Mr. Busby, giving him his rough notes

together with a request that the erstwhile Resident might favour him

with his opinion as to their suitability as the basis of the treaty.

Mr. Busby had no hesitation in saying that he regarded them as quite

unsuitable, but offered to prepare the draft treaty for Captain

Hobson's consideration, if such a service would be acceptable. To this

Mr. Cooper replied that nothing would afford His Excellency greater

pleasure, as he recognised that Mr. Busby's seven years of official

training and native experience had furnished him with many

qualifications for the task. The result was entirely satisfactory. The

draft prepared by Mr. Busby was adopted by Captain Hobson without

alteration beyond the transposition of certain paragraphs, which did

not in any degree affect the spirit or the sense of what has long been

regarded as the Maori Magna Charta.

A pleasant interlude was afforded by the presentation to Captain

Hobson of an Address of Welcome by forty-five of the settlers, in

which they expressed their gratification at his safe arrival, and at

the early prospect of the establishment of British law and authority

in the Islands, which had long been the desire nearest to their

hearts. They expressed equal gratification at the appointment of a

gentleman as Lieutenant-Governor so distinguished for courage,

firmness, justice, and humanity as Captain Hobson, presaging as it did

a bright era of prosperity for the colony. They expressed their

readiness to await with patience the unfolding of a scheme of

government in which the best interests of all were involved, and

promised not only to continue the service of loyal subjects of the

Queen, but to aid with their best exertions her representative in

establishing order, law, and security for life and property in what

they were pleased to designate "this improving and important colony."

As was becoming of him, Captain Hobson replied in most gracious

terms, which seemed to indicate the existence of a useful harmony

between the new Governor and the more decently-disposed settlers.

Not so the speculative element, who were deeply chagrined at the

unexpected turn affairs had taken. To these law-breakers the arrival

of Hobson meant the complete suspension of their future operations,

and what was equally distasteful, a revision of their past

transactions. Their hope, therefore, lay in preventing the

consummation of the official plan, and before the Lieutenant-Governor

had been at the Bay twelve hours, the lawless and the land-grabber

were busy poisoning the native mind against the Governor's proposal,

telling them with many dark insinuations and bitter taunts, that now

they were to be made _taurekareka_--the "slaves" of the Queen.

These mischievous suggestions naturally had a disquieting influence

upon the minds of many of the chiefs, who had not as yet gathered the

full purport of the impending change, and whose haughty spirit

rebelled against the prospect of any loss in tribal dignity.

Fortunately they were able to appeal with confidence to the

Missionaries, and to the credit of that body it must be said that they

were as loyal to their country as they had already proved themselves

faithful to their church. Mr. Henry Williams, the head of the Church

Missionary Society's group of Missionaries, than whom no man wielded

greater influence with the natives at this period, was not at the Bay

of Islands when the _Herald_ arrived. He had just returned to the

Waimate Mission station from the Manawatu, whither he had gone with

Tamihana Te Rauparaha, and Matene te Whiwhi, to install the Rev.

Octavius Hadfield in his West Coast charge. The hurried decision of

the Home Government to forestall the New Zealand Company had been as

unknown to him as it was to the other residents of New Zealand, and

the first intimation he had that the change he so much desired was

near fruition, was a letter from the Bishop of Australia informing him

of Captain Hobson's arrival in Sydney, and the rumoured report of his

mission. Bishop Broughton earnestly advised the Missionary to assist

Captain Hobson to the end that success might crown his efforts.[52]

Closely following upon this came a letter, dated January 30, 1840,

from Captain Hobson, inviting Mr. Williams to meet him at his earliest

convenience, and although it was late at night when the messenger

arrived, he made immediate preparations to comply with the request.

Leaving home early in the morning the energetic Missionary boarded the

_Herald_ that afternoon, and congratulated the newly-arrived

Governor upon his coming, which indeed was a pleasant surprise. He

assured him of the hearty support of the Missionaries in the purpose

of establishing Her Majesty's authority in the Islands, and of his own

personal aid to any extent that it might be of service to him.

Of this offer Captain Hobson availed himself a few days later, when at

4 P.M. on February 4 he brought to him the draft of the

treaty which had been prepared for submission to the chiefs at

Waitangi on the morrow, and asked that he might be good enough to

translate it into the native language. In this Mr. Williams had the

assistance of his son Edward, who was then regarded as the scholar

_par excellence_ in the Nga-Puhi dialect, the purest of all the

dialects of the Maori tongue.

The task of translation was necessarily a difficult one, it being

essential that there should be a complete avoidance of all expressions

of the English for which there was no equivalent in Maori, and yet

permitting no alterations which would destroy the original spirit and

tenor of the treaty. Upon its completion the work was revised by Mr.

Busby, who suggested the elimination of the word _huihuinga_ used

by the translators, and the substitution of _whakaminenga_ to

more adequately express the idea of the Maori Confederation of Chiefs.

With this exception the translation was adopted, and the excellence

of its rendering may be judged from the fact that though it has been

many times tried by the most accomplished of Maori scholars, the

translation has never been shaken, and stands to-day a perfect native

reflex of the European mind, conveying in all probability a clearer

view to the Maori of what the treaty meant than the English version

has done to the average _Pakeha_.

The scene chosen for the conference with the chiefs was the lawn in

front of Mr. Busby's house,[53] which stands upon a gently sloping

promontory directly opposite the old town of Kororareka. A large and

commodious building, with its French casements, cedar doors, and

old-fashioned fittings, it looks out across the Bay from the seclusion

of its plantation of imported trees. Down between the house and the

sea beach there runs a grassy slope, at the termination of which rises

a grove of the beautiful _Pohutukawa_, which had just shed their

blaze of Christmas bloom when Captain Hobson arrived.

To the right flow the tidal waters of the Waitangi River, whose falls

four miles beyond its mouth have given their name to the district.[54]

Upon the flat which fringes the river bank, the Maoris camped amongst

the cabbage palms, and the smoke of their fires might have been seen

curling upwards until it was lost in the mists of the morning air.

Still farther to the right, and across the river, under the

forest-clad hill, nestled the little Mission station of Paihia, where

Mr. Colenso was industriously producing copies of the New Testament

from his primitive printing-press. Away to the left, in Oihi Bay,

stands the cross marking the spot where the first Christian sermon was

preached to the Maoris by Samuel Marsden, on Christmas Day of 1814,

and between these two points where they had first received the spoken

and the written Word, the natives were now asked to decide a question

that very largely involved their political salvation.

The morning of the auspicious day (Wednesday, February 5) broke with

nature's approving smile upon it. The sun shining brightly in the

Heavens lit up the blue waters of the Bay, the slopes of the brown

hills, the shadows of the sombre forest in which the birds sang even

more blithely than was their wont. Many of the natives had arrived

during the previous day, and the face of the harbour was still alive

with canoes speeding from all directions to the place of meeting,

their crews keeping time with their paddles to the chant of the

excited _Kai tuki_[55] as he stood upon the centre thwart, urging

by word, song, and gesture, a more vigorous bending of broad backs and

straining of tawny arms in the hope of outstripping his opponents in

the race to Waitangi.

On shore a large marquee had been erected upon the grassy lawn in

front of Mr. Busby's residence, towards which the bunting of the

_Herald_ had been liberally applied, the Union Jack waving gaily

over the whole scene until the official proceedings were begun, when

it was lowered as an indication that sovereignty had not yet been

ceded to the Queen. The ships in the harbour had likewise marked the

occasion by displaying all their bright flags and in the brilliant

sunlight the scene was one of picturesque animation, not the least

interesting feature being the blue-shirted settlers--British and

American[56]--promenading on the lawn. As a counterpoise to these

there were the groups of natives squatting on the ground, each tribe

discussing with ample gesticulation and volubility the treaty from

their own immediate point of view. "Beyond the grounds," writes Dr.

Bright, "refreshment was vended to the Europeans and many a cork

(adopting a poetic phrase) escaped its glassy confines, to let out,

not a lake, but Dunbar's foaming stout, or Hodge's paler streams. Nor

were more patrician fluids wanting; nor yet ardent cognac; nor the

clear burning fluid of St. Giles' dames; nor the spirit of storms,

rum, which sailors gulp, ingulphing a torrid zone within no temperate

one--all waters of fire to the sober Maori, and which they might be

taught are waters that the Devil navigates to reach the island of the

soul. Nor was there wanting solid aliment--pork, salt and fresh, in

various forms of hams, cold roast, pork pies, and baskets of bread and

biscuit all to be transmuted into money. Troops of natives came from

all directions to the _korero_ with the _rangatira nui_, or great

gentleman from England. You might inspect a group of brown skins and

then a group of white skins, and with but little puzzling discern the

same stage-stock of feelings common to both. The Europeans were very

numerous but the natives were more so, many who came from a distance

carrying guns. What, thought I, if these savages refuse to accede to

the treaty, is to hinder them from driving us into the sea, or into

their ovens? What greater proof of their sovereignty than their

willingness to yield it up to us?"

At 9 o'clock the Lieutenant-Governor, accompanied by Captain Nias,

landed at Waitangi, and they were shortly afterwards followed by the

officers of the ship, Lieutenant Shortland and the members of the

civil staff, and by the Missionaries who were resident in and about

the Bay of Islands.

During this time Captain Hobson, Mr. Busby, and Mr. Henry Williams,

were engaged in a final discussion upon the treaty and its

translation. At 10.30 Bishop Pompallier, the newly-appointed Roman

Catholic Bishop of Oceania, dressed in full canonicals[57] and

accompanied by one of his priests[58] arrived from Kororareka, and

without displaying any hesitation, walked straight to Mr. Busby's

house, and entered the room in which the Lieutenant-Governor and his

associates were in close conference. The Bishop's manner was so full

of confident assurance that the two constables[59] standing on guard

at the door were so completely taken by surprise that they failed to

challenge the cleric's right to enter. The incident was equally

startling in its dramatic suddenness to all the astonished onlookers,

and it made a considerable impression upon the natives. In their eyes

the pomp and circumstance implied by the ecclesiastical dress meant

much, while the air of superior authority with which the proceeding

had been carried out conveyed the suggestion to them that this man

must indeed be a _rangatira_.[60]

A buzz of comment arose, the natives whispering amongst themselves,

"_Ko ia anote tino rangatira! Ko Pikopo[61] anake te hoa mo te

Kawana._" "This surely is the chief gentleman. The Bishop only is

the companion for the Governor."

The importance of these comments were not lost upon the Church

Missionaries, who were deferentially standing outside, and a hurried

conference resulted in their deciding to be on equal terms with the

Bishop. They accordingly moved towards the house, and had just reached

the verandah when an announcement was made that the Lieutenant-Governor

intended to hold a levee in order that all who had not already been

introduced to him, and desired to have that privilege, might do so by

entering at one door and passing out at another. While the

introductions were proceeding Bishop Pompallier remained in the room,

and as the Missionaries were unable to take their position with him

owing to the crush in the narrow passage, they made a virtue of

necessity and coldly declined to participate in the ceremony.

The levee over, and it was not a lengthy proceeding, Captain Nias and

Mr. Busby, preceded by the representatives of the police, came out of

the house followed by the Lieutenant-Governor, and in this order the

procession was moving towards the tent when the Bishop and his

associate stepped briskly forward and took their positions immediately

behind Captain Hobson, thus giving the Protestant Missionaries no

option but to follow in his wake. "Brethren," said Mr. Colenso, "this

won't do. We must never consent to this position."

"No," replied the Rev. Richard Taylor, "I will never consent to follow

Rome," and so saying he and his brethren quietly withdrew from the

procession and made their way unofficially towards the marquee.

A raised platform had been erected at the end of the marquee, and on

this the Lieutenant-Governor and Captain Nias took their seats. Bishop

Pompallier and his priest were shown to chairs on the left, and Mr.

Henry Williams was directed to a chair on the Governor's right. The

other missionaries, Messrs. King, Kemp, Baker, Clarke, and Colenso[62]

were modestly standing behind this group when Lieutenant Shortland,

who was acting as Secretary to the Governor and as Master of

Ceremonies, plucked Mr. Colenso by the sleeve of his coat and said,

"Go over to that end and support your cloth," an intimation which,

according to Mr. Colenso, they lost no time in attending to, ranging

themselves as best they could behind Mr. Williams.

Meanwhile the crowd had been accumulating, and were rapidly finding

positions of vantage within the tent. "The scene," says an

eye-witness,[63] "was very interesting and impressive. In the centre

of the narrow raised platform were the Governor and Captain of the

man-of-war in full uniform, on the Governor's left were Mr. Busby and

the Roman Catholic Bishop in canonicals, his massive gold chain and

crucifix glistening on his dark purple-coloured habit. On the right of

His Excellency were the members of the Church of England Mission, in

plain black dresses. The different officers of the _Herald_

together with His Excellency's suite stationed themselves as best they

could--some here and there on the platform, and some immediately

before it. In front of the platform, in the foreground, were the

principal native chiefs of several tribes, some clothed with dog-skin

mats made of alternate longitudinal stripes of black and white hair.

Others were habited in splendid-looking new woollen cloaks[64] of

crimson, blue, brown, and plaid, and indeed of every shade of striking

colour such as I had never before seen in New Zealand, while some were

dressed in plain European, and some in common native dresses. Near by,

in the midst, stood Hakitara, a tall native of the Rarawa tribe,

dressed in a very large and handsome silky white _Kaitaka_ mat--a

garment of the finest and best kind, and only worn by superior

chiefs--fringed with a deep and dark coloured woven border of a

lozenge and zigzag pattern, the whole of native and national design

and manufacture. The sunlight streaming down from an aperture in the

top of the tent on this beautiful white dress, admired by natives and

Europeans alike, threw the figure of this chief into very prominent

and conspicuous relief, forming a fine contrast to the deep and dark

shades of colour around; whilst here and there a _hani_ or

_taiaha_[65] was seen erected adorned with the long flowing white hair

of the tails of the New Zealand dog, and crimson cloth and red

feathers. In the distance the raven black and glossy locks of the

natives, gracefully ornamented with the snow-white and drooping

feathers of sea-birds, and of the white crane, forming a striking

contrast, added much to the _tout ensemble_. Around the sides of the

tent were the whites, residents, and settlers, by far the greater part

being very respectably dressed; and outside of them, against the walls

of the tent were flags of different nations, which from the brightness

of their colours, gave a charming air of liveliness to the whole, the

table being covered by the vivid colours of the Union Jack."

As Captain Hobson rose from his seat the hum of human voices which

filled the tent suddenly ceased. Animated conversation gave way to an

air of silent expectancy as the Queen's representative began to speak

in slow and measured tones. His speech had been carefully prepared,

and for the purposes of greater accuracy he relied upon extensive

notes.

[Illustration: MR. BUSBY'S RESIDENCE.

Where the Treaty was signed.]

"Her Majesty Victoria, Queen of Great Britain and Ireland," he said,

"wishing to do good to the chiefs and people of New Zealand, and for

the welfare of her subjects living amongst you, has sent me to this

place as Governor. But as the law of England gives no civil powers to

Her Majesty out of her dominions, her efforts to do you good will be

futile unless you consent. Her Majesty has commanded me to explain

these matters to you, that you may understand them. The people of

Great Britain are, thank God! free, and so long as they do not

transgress the laws, they can go where they please, and their

sovereign has no power to restrain them. You have sold them lands here

and encouraged them to come here. Her Majesty, always ready to protect

her subjects is also always ready to restrain them. Her Majesty the

Queen asks you to sign this treaty, and to give her that power which

shall enable her to restrain them. I ask you for this publicly: I do

not go from one chief to another. I will give you time to consider the

proposal I shall now offer you. What I wish you to do is expressly for

your own good, as you will soon see by the treaty. You yourselves have

often asked the King of England to extend his protection unto you. Her

Majesty now offers you that protection in this treaty. I think it is

not necessary to say any more about it. I will therefore read the

treaty."[66]

In a clear voice His Excellency then read the treaty in English for

the benefit of the European settlers, the terms of the document being

as follows:

TREATY OF WAITANGI

HER MAJESTY VICTORIA, Queen of the United Kingdom, of Great

Britain and Ireland regarding with her Royal favour the Native chiefs

and tribes in New Zealand, and anxious to protect their just rights

and property, and to secure to them the enjoyment of peace and good

order, has deemed it necessary in consequence of the great number of

Her Majesty's subjects who have already settled in New Zealand, and

the rapid extension of emigration both from Europe and Australia

which is still in progress, to constitute and appoint a functionary

properly authorised to treat with the aborigines of New Zealand for

the recognition of Her Majesty's sovereign authority over the whole

or any part of those Islands. Her Majesty, therefore, being desirous

to establish a settled form of Civil Government with a view to avert

the evil consequences which must result from the absence of the

necessary laws and institutions, alike to the native population and

to her subjects, has been graciously pleased to empower and authorise

me, William Hobson, a Captain in Her Majesty's Royal Navy, Consul and

Lieutenant-Governor of such parts of New Zealand as may be or

hereafter shall be ceded to Her Majesty, to invite the confederate

and independent chiefs of New Zealand to concur in the following

articles and conditions:

_Article the First_

The chiefs of the Confederation of the United tribes of New Zealand,

and the separate and independent chiefs who have not become members

of the Confederation, cede to Her Majesty the Queen of England,

absolutely and without reservation, all the rights and powers of

sovereignty which the said confederation or individual chiefs

respectively exercise or possess, or may be supposed to exercise or

possess over their respective territories as the sole Sovereigns

thereof.

_Article the Second_

Her Majesty, the Queen of England, confirms and guarantees to the

chiefs and tribes of New Zealand, and to the respective families and

individuals thereof the full, exclusive, and undisturbed possession

of their lands and estates, forests, fisheries, and other properties

which they may collectively or individually possess, so long as it is

their wish and desire to retain the same in their possession; but the

chiefs of the United tribes and the individual chiefs yield to Her

Majesty the exclusive right of pre-emption over such lands as the

proprietors thereof may be disposed to alienate, at such prices as

may be agreed upon between the respective proprietors and persons

appointed by Her Majesty to treat with them in that behalf.

_Article the Third_

In consideration thereof Her Majesty, the Queen of England, extends

to the natives of New Zealand her Royal protection, and imparts to

them all the rights and privileges of British subjects.

W. HOBSON,

Lieutenant-Governor.

Now, therefore, we the chiefs of the Confederation of the United

tribes of New Zealand, being assembled in congress at Victoria, in

Waitangi, and we the separate and independent chiefs of New Zealand,

claiming authority over the tribes and territories which are

specified after our respective names, having been made fully to

understand the provisions of the foregoing treaty, accept and enter

into the same in the full spirit and meaning thereof; in witness of

which we have attached our signatures or marks at the places and the

dates respectively specified.

When he had concluded, he turned to Mr. Henry Williams, and invited

him to read to the natives the translation which had been prepared in

the Maori language.

"In the midst of profound silence," Mr. Williams wrote in subsequent

years, "I read the treaty to all assembled. I told all to listen with

care; explaining clause by clause to the chiefs, giving them caution

not to be in a hurry, but telling them that we, the Missionaries,

fully approved of the treaty, that it was an act of love towards them,

on the part of the Queen, who desired to secure to them their

property, rights, and privileges. That this treaty was a fortress to

them against any foreign power which might desire to take possession

of their country, as the French had taken possession of Otiaiti."

MAORI TRANSLATION OF THE TREATY OF WAITANGI

AS PRINTED AT THE PRESS OF THE CHURCH MISSIONARY SOCIETY, PAIHIA

KO, WIKITORIA, te Kuini o Ingarani i tana mahara

atawai ki nga Rangatira me nga Hapu, o Nu Tirani, i tana hiahia hoki

kia tohungia ki a ratou o ratou rangatiratanga, me to ratou whenua, a

kia mau tonu hoki te Rongo ki a ratou me te ata noho hoki kau wakaaro

ia he mea tike kia tukua mai tetahi Rangatira hei kai wakarite ki nga

tangata Maori o Nu Tirini. Kia wakaaetia e nga Rangatira Maori te

Kawanatanga o te Kuini ki nga wahi katoa o te wenua hei me nga motu.

Na te mea hoki he tokomaha ke nga tangata o tona iwi kua noho ki

tenei wenua, a e mai nei.

Na, ko te Kuini e hiahia ana kia wakaritea te Kawanatanga, kia kaua

ai nga kino e puta mai ki te tangata Maori ki te pakeha e noho enoho

ture kore ana.

Na, kau pai te Kuini kia tukua a hau, a Wiremu Hopihona, he Kapitana

i te Roiara Nawi, hei Kawana mo nga wahi katoa o Nu Tirini, e tukua

aianei amua atu ki te Kuini e mea atu ana ia ki nga Rangatira o te

Wakaminenga o nga Hapu o Nu Tirini me era Rangatira atu enei ture ka

korerotia nei.

_Ko te tuatahi_

Ko nga Rangatira o te Wakaminenga, me nga Rangatira katoa hoki, kihai

i uru ki taua Wakaminenga, ka tuku rawa atu ki te Kuini o Ingarani

ake tonu atu te Kawanatanga katoa o ratou wenua.

_Ko te tuarua_

Ko te Kuini o Ingarani ka wakarite ka wakaae ki nga Rangatira, ki nga

Hapu, ki nga tangata katoa o Nu Tirini, te tino Rangatiratanga o o

ratou wenu o ratu kainga me o ratu taonga katoa. Otiia ko nga

Rangatira o te Wakaminenga me nga Rangatira katoa atu, ka tuku ki te

Kuini te hokonga o era wahi wenua e pai ai te tangata nona te wenua,

ki te ritenga o te utu e wakaritea ai e ratou ko te kai hoko e meatia

nei e te Kuini hei kai hoko mona.

_Ko te tuatoru_

Hei wakaritenga mai hoki mo te wakaaetanga ki te Kawanatanga o te

Kuini. Ka tiakina e te Kuini o Ingarani nga tangata Maori katoa o Nu

Tirani. Ka tukua ki a ratou nga tikanga katoa rite tahi ki ana mea ki

nga tangata o Ingarani.

WILLIAM HOBSON,

Consul and Lieutenant-Governor.

Na ko matou, ko nga Rangatira o te Wakaminenga o nga Hapu o Nu

Tirani, ka huihui nei ki Waitangi. Ko matou hoki ko nga Rangatira o

Nu Tirani, ka kite nei i te ritenga o enei kupa, ka tangohia, ka

wakaaetia katoatia e matou. Koia ka tohungia ai o matou ingoa o matou

tohu.

Ka meatia tenei ki Waitangi, i te ono o nga ra o Pepuere, i te tau

kotahi mano, ewaru rau, ewa tekau, o to tatou Ariki.

A TRANSLATION OF THE TREATY OF WAITANGI

INTO ENGLISH FROM THE ORIGINAL MAORI

Here's Victoria, Queen of England, in her gracious remembrance

towards the chiefs and tribes of New Zealand, and in her desire that

the chieftainships and their lands should be secured to them and that

obedience also should be held by them, and the peaceful state also;

has considered it as a just thing, to send here some chief to be a

person to arrange with the native men of New Zealand, that the

Governorship of the Queen may be assented to by the native chiefs in

all places of the land, and of the islands. Because too many together

are the men of her tribe who have sat down in this land and are

coming hither.

Now it is the Queen who desires that the Governorship may be arranged

that evils may not come to the native men, to the white who dwells

lawless. There! Now the Queen has been good that I should be sent,

William Hobson, a Captain of the Royal Navy, a Governor for all the

places in New Zealand that are yielded now or hereafter to the Queen.

She says to the Chiefs of the Assemblage (Confederation) of the

tribes of New Zealand, and other chiefs besides, these laws which

shall be spoken now.

Here's the first: Here's the chief of the Assemblage, and all the

chiefs also who have not joined the Assemblage mentioned, cede to the

utmost to the Queen of England for ever continually to the utmost the

whole Governorship of their lands.

Here's the second: Here's the Queen of England arranges and confirms

to the chiefs, to all the men of New Zealand the entire chieftainship

of their lands, their villages, and all their property.

But here's the chiefs of the Assemblage, and all the chiefs besides,

yield to the Queen the buying of those places of land where the man

whose land it is shall be good to the arrangement of the payment

which the buyer shall arrange to them, who is told by the Queen to

buy for her.

Here's the third: This, too, is an arrangement in return for the

assent of the Governorship of the Queen. The Queen of England will

protect all the native men of New Zealand. She yields to them all the

rights, one and the same as her doings to the men of England.

Now here's we: Here's the chiefs of the Assemblage of the tribes of

New Zealand who are congregated at Waitangi. Here's we too. Here's

the chiefs of New Zealand, who see the meaning of these words, we

accept, we entirely agree to all. Truly we do mark our names and

marks.

This is done at Waitangi on the six of the days of February, in the

year one thousand eight hundred and four tens of our Lord.

The whole subject was now before the meeting for discussion, and the

chiefs were invited to express their views upon it, or to make any

enquiries upon points that were still obscure. There being some little

hesitancy displayed Mr. Busby rose and, addressing the natives,

assured them that the Governor had not come to deprive them of their

lands, but rather to secure them in possession of what they had not

already sold. He reminded them that he had frequently given them his

word that land not properly acquired from them would not be recognised

as the property of the person claiming it, but would be returned to

the natives, to whom it rightly belonged. He was proceeding to say

that this promise the Governor would of a certainty be prepared to

carry out, when suddenly he was interrupted by Te Kemara, a chief of

the Ngatikawa tribe, who, springing from his place in front of the

platform exclaimed:

"Health to thee, O Governor. This is mine to thee, O Governor. I am

not pleased towards thee. I will not consent to thy remaining here in

this country. If thou stayest as Governor then perhaps Te Kemara will

be judged and condemned. Yes, indeed, and more than that--even hung by

the neck. No, no, no, I shall never say 'Yes' to your staying. Were

all to be on an equality, then perhaps Te Kemara would say, 'Yes.' But

for the Governor to be up and Te Kemara down--Governor high up, up

up, and Te Kemara down low, small, a worm, a crawler. No, no, no. O

Governor! this is mine to thee, O Governor! my land is gone, gone, all

gone. The inheritances of my ancestors, fathers, relatives, all gone,

stolen, gone with the Missionaries. Yes, they have it all, all, all.

That man there, the Busby, and that man there, the Williams, they have

my land. The land on which we are now standing this day is mine. This

land, even this under my feet, return this to me. O Governor! return

me my lands. Say to Williams 'Return to Te Kemara his land.'" With

outstretched finger he ran and pointed to the Missionary, "Thou, thou,

thou, thou bald-headed man, thou hast got my lands. O Governor! I do

not wish thee to stay. You English are not kind to us like other

foreigners. You do not give us good things. I say go back, go back,

Governor, we do not want thee here in this country. And Te Kemara says

to thee, go back, leave to Busby and to Williams to arrange and to

settle matters for us natives as heretofore."

Te Kemara was a master in the art of Maori oratory, and he delivered

this speech with much simulated anger. Gesture and grimace were alike

extravagant even for a native; his eyes rolled in violent oscillations

and flashed with demoniacal fire, while his whole body trembled as

though convulsed by pent-up rage. He made a brave show of injured

innocence, especially when pleading for the return of his lands. And

yet it was not serious: it was mere theatrical display; for not long

afterwards he gave evidence before the Land Claims Commissioners, and

testified to the fair sale of his land. For the present, however,

Maori vanity was satisfied--Te Kemara had made a great speech.

The serious impression made by the hostile deliverance of the

Ngatikawa chief was somewhat dispelled by the diversion created when

Rewa, of Ngaitawake rose, and, addressing His Excellency in the best

English he could command said, "How d'ye do, Mr. Governor?" The sally

was so unexpected that it immediately created a roar of laughter, in

which all present joined. But Rewa soon became more earnest. He had

evidently no intention of being frivolous--"This is mine to thee, O

Governor!" he impressively said. "Go back. Let the Governor return to

his own country. Let my lands be returned to me which have been taken

by the Missionaries--by Davis and by Clarke and by who and who

besides. I have no lands now--only a name,[67] only a name. Foreigners

come, they know Mr. Rewa, but this is all I have left--a name! What do

native men want of a Governor? We are not whites or foreigners. This

country is ours, but the land is gone. Nevertheless we are the

Governor--we the chiefs of this our Fathers' land. I will not say

'Yes' to the Governor's remaining. No, no, no, return. What! this land

to become like Port Jackson and all other lands seen by the English.

No, no, return. I, Rewa, say to thee, O Governor, go back. Send the

man away. Do not sign the paper. If you do you will be reduced to the

condition of slaves, and be compelled to break stones on the roads.

Your land will be taken from you and your dignity as chiefs will be

destroyed."

The next speaker was Moka, a chief of the Patukeha tribe, from

Rawhiti, the burden of whose speech was also against the acceptance of

the treaty. "Let the Governor return to his own country. Let us remain

where we are. Let my lands be returned to me--all of them--those that

are gone with Baker. Do not say, 'The lands will be returned to you.'

Who will listen to thee, O Governor? Who will obey thee? Where is

Clendon? Where is Mair?[68] Gone to buy, buy our land, notwithstanding

the 'book'[69] of the Governor."

On this statement being interpreted to him Captain Hobson immediately

stopped the speaker, and in the most earnest manner assured the

gathering that lands unjustly held would be returned, and that after

the date of the Proclamation all land, however purchased, would be the

subject of enquiry, and no purchases would be lawful until sanctioned

by the Crown.

This scarcely sufficed to satisfy the sceptical Moka, who replied, as

he advanced close up to the platform, "That is good, O Governor! that

is straight. But stay, let me see. Yes, yes, indeed! Where is Baker?

Where is the fellow? Ah, there he is--there standing. Come, return to

me my lands?"

Here the orator paused, awaiting a reply. His injunction was addressed

to Mr. Baker in the most direct and personal way, so that it could not

be evaded. Moka stood leaning against the edge of the platform,

looking directly at the Missionary, upon whom all eyes were

immediately turned. There was profound silence and the suspense was

acute. Mr. Baker did not flinch but quietly replied, "_E hoki,

koia_"; in other words, "We shall see whether they will return."

This retort was comfortless to Moka, who exclaimed, "There, there,

that is as I said. No, no, no, all false, all false, alike. The lands

will not return to me."

He was in the midst of this lamentation when he was again interrupted.

A European came forward, and addressing His Excellency said that the

speeches of the natives were not being faithfully interpreted by Mr.

Williams, nor were His Excellency's remarks being fully reported to

the natives. He said the natives complained of being robbed, and by a

gesture indicated that Mr. Williams was the robber. This he followed

up by venturing to suggest that a Mr. Johnson, who was present, could

do the work with greater satisfaction to both parties. This was the

first open declaration of the general discontent which pervaded the

settlers, who were angry because of the Proclamation which had so

summarily put an end to their speculations, and which they felt was

playing them unfair. They had heard that a Charter had been granted

to a rich Company in England, while many of them who had worked long

in the land were being, as they thought, overreached by the

Government. But the honest settler was not more angry than the

land-jobbers, the gamblers of the south, who stood on the outskirts of

the crowd, "looking like smugglers foiled in a run, or a pack of

hounds lashed off their dying prey," and appeared as if they were

taking a vengeful pleasure in thwarting the wishes of authority. Many

viewed the proceedings with malignant eyes and smouldering mischief in

their hearts, remaining silent themselves, yet prompting others to

interrupt; hence these accusations of false interpretation, these

irrelevant observations about the Missionaries and Mr. Busby taking

advantage of their privileged positions to unfairly acquire land.

Captain Hobson, always willing to be affable, and desirous that

nothing should give rise to misunderstanding, begged Mr. Johnson, who

was a dealer in spirits at Kororareka, to come forward and do him the

favour of making everything clear to natives and Europeans alike.

Johnson, however, was not so confident of his attainments as a Maori

linguist as his friend was, and in reply to His Excellency's question

whether he fully understood the native language he replied, "Why, I

can't say I do, but I know how to speak to them, and know also what

they say when they speak to me, and----"

"Then pray tell me, Mr. Johnson, what has not been interpreted?" said

Captain Hobson.

To which the modest Johnson replied, "No, Sir, I beg to be excused.

The gentlemen of the Mission ought to be able to do it, and can do it

very well; only let Mr. Williams speak out loud so that we may

hear--that is, those of us in the back part of the tent, and let all

that the natives say be interpreted to the Governor. They say a great

deal about land and Missionaries which Mr. Williams does not translate

to you."[70]

This reflection both upon his capacity as a linguist and his integrity

as a man rather nettled the Missionary, who, having obtained the

permission of the Governor to vindicate himself, addressed the white

people in English, and with his customary directness came at once to

the point. He said there had been much talk about the Missionaries

owning land and farming and such like; but the Commissioners who were

about to sit would examine into the lands held by the Missionaries,

and their titles thereto, as strictly as into any other. It was his

special wish that this should be done, and he had so far given an

earnest of his desire in that direction that he had already applied to

His Excellency to have the Missionary lands made the first subject of

investigation. "People," he said, "should recollect that were it not

for the Missionaries they would not be here this day, nor be in

possession of a foot of land in New Zealand. If any one person has a

prior claim to land in this country that person must be the

Missionary, who has laboured for so many years in this land when

others were afraid to show their noses. I have a large family--a

family of eleven children--more probably than any one present, and

what are they to do when I am taken from them if they are not to have

some land? Much has been said about my land, but I believe that when

it is seen and known, and shared up between my children, no one will

say that I have been over the mark, but on the contrary under. All I

shall say at present is, I hope that all who hold land, obtained from

the natives, will be able to show as good and honest titles to the

same as the Missionaries can do to theirs."[71]

[Illustration: THE WAITANGI FALLS.]

Mr. Busby, who owned the whole of the Peninsula between the Waitangi

and Kerikeri Rivers, felt that he, too, was being drawn into the

vortex of the speculators by these accusations of native spoliation.

He accordingly deemed it due to himself that something should be said

in defence of his purchases, and so having obtained the permission of

Captain Hobson he rose, and, speaking in English, said with some

emphasis, "I deny that the term 'robbed' has been used by the chiefs

Te Kemara and Rewa with reference to my purchase of land, as indicated

by the white man who spoke, and coupled by him with Mr. Williams, by

gestures, though not plainly by words. I never bought any land but

what the natives pressed me to buy, for which I always paid them

liberally. Allusion has been made to my possessing large tracts of

land. I am happy to say I do hold some land; but I did not make any

extensive purchases until I was out of office, and then, on my finding

that, after having served the Government for fifteen years, not any

provision was made, nor was likely to be made for myself and family, I

purchased land. I only regret I had not done so at an earlier period,

and that to a larger extent. In all my purchases, also, I have

reconveyed to the natives both habitations and cultivations, by an

inalienable gift, according to the number of persons thereon."

Mr. Busby having delivered his protest against what he considered to

be the unwarranted aspersions of the white settler, whose name does

not appear to have been recorded, Tamati Pukututu, a chief of the Te

Uri-o-te-hawato tribe broke in upon the monotony of the opposition

with a speech in favour of the treaty.

"This is mine to thee, O Governor! Sit, Governor, sit, a Governor for

us--for me, for all, that our lands may remain with us; that these

'_piritoka_' and '_piriawaawa_,' these homeless wanderers

who sneak about, sticking to rocks, and to the side of the brooks and

gullies may not have it all. Sit, Governor, sit for me, for us. Remain

here a father for us. These chiefs say, 'Don't sit,' because they have

sold all their possessions and they are filled with foreign property,

and they have also no more to sell. But I say, what of that? Sit,

Governor, sit. You two stay here, you and Busby--you two, and they

also, the Missionaries."

In his advocacy of the Governor's cause Tamati was seconded by Matiu,

a chief of the Uri-o-ngongo tribe. "O Governor! sit, stay, remain, you

as one with the Missionaries, a Governor for us. Do not go back, but

sit here, a Governor, a father for us, that good may increase, may

become large to us. This is my word to thee. Do thou sit here, a

father for us."

"No, no, go back, go back," cried Kawiti, a turbulent Ngatihine. "What

dost thou want here? We native men do not wish thee to stay. We do not

want to be tied up and trodden down. We are free. Let the Missionaries

remain, but as for thee, return to thine own country. I will not say

'Yes' to thy sitting here. What! to be fired at in our boats and

canoes by night! What! to be fired at when quickly paddling our canoes

by night! I, even I, Kawiti, must not paddle this way nor paddle that

way because the Governor said 'No,' because of the Governor, his

soldiers, and his guns. No, no, no, go back, go back, there is no

place here for a Governor."

A chief of the Ngatiamake tribe named Wai, now rose and addressed some

pertinent enquiries to His Excellency.

"To thee, O Governor! this. Will you remedy the selling, the

exchanging, the cheating, the lying, the stealing of the whites? O

Governor! yesterday I was cursed by a white man. Is that straight? The

white man gives us natives a pound for a pig, but he gives a

_Pakeha_ four pounds for such a pig. Is that straight? The white

man gives us a shilling for a basket of potatoes, but to a

_Pakeha_ he gives four shillings for a basket like that one of

ours. Is that straight? No, no, they will not listen to thee, so go

back, go back. If they would listen and obey, ah yes, good that, but

have they ever listened to Busby? And will they listen to thee, a

stranger, a man of yesterday? Sit indeed! what for? Wilt thou make

dealing straight?"

At this point there was again some general dissatisfaction amongst the

Europeans who apparently were only able to hear imperfectly. A hawker,

a pedlar named Jones, from Kororareka, called out to His Excellency

that the whites could not follow the interpreter. A young man on the

opposite side of the tent confirmed his complaint, and the European

who had previously objected to Mr. Williams's methods once more became

prominent in support of his confrères. These dissatisfied individuals

maintained a running comment across the tent for some moments, which

resulted in the Governor again requisitioning the services of Mr.

Johnson, who came forward and interpreted the speech of Wai, but not

to the complete satisfaction of that dusky orator, who described the

Johnsonian effort as "great lies."

This resulted in the restoration of Mr. Williams, whose next subject

was Pumuka, a man of influence in the Roroa tribe who was favourable

to the treaty: "Stay, remain, Governor; remain for me" was his

message. "Hear all of you. I will have this man a foster-father for

me. Stay, sit, Governor. Listen to my words, O Governor! Do not go

away; remain. Sit, Governor, sit. I wish to have two fathers--thou and

Busby and the Missionaries."

"Yes, what else? Stay, sit if not what? Sit, if not how?" were the

opening queries of Warerahi, a chief of Ngaitawake, who was popularly

known as George King. "Is it not good to be at peace?" he asked. "We

will have this man as our Governor. What! turn him away! Say to this

man of the Queen, 'Go back?' No, no."[72]

The next speaker was to be Hakiro, who wanted room to deliver himself

as became a great chief, and whilst the reclining natives were being

moved back to make a clear space in which he could run from one end of

the platform to the other a chief from the Waikare, whose name has not

been recorded, rose and complained of the unjust dealings of the white

people, who had no sense of justice. For a very little thing--a

shilling--they wanted a pig as big as himself. What he wanted to know

was could the Governor make the _Pakeha_ give a payment as large as

the article he bought, but the speech was little noticed in the hustle

caused by the clearing of a passage for Hakiro.

Hakiro belonged to the Ngatirehia tribes, being the son of Tareha, but

on this occasion he essayed to speak for Titore,[73] though it is

highly questionable whether he reflected the sentiments to which that

chief would have given utterance had he been still with the living.

Titore was justly regarded as one of the noblest of the Nga-Puhi

chieftains, and his early death was generally mourned, not only as a

personal loss, but as a misfortune to the cause of national unity. Be

that as it may, his illustrious representative on this auspicious

occasion, swayed by other influences, elected to throw the weight of

his great name into the opposite scale to which he would almost

certainly have thrown it himself.

"To thee, O Governor! this. Who says sit? Who? Hear me, O Governor! I

say, no, no."

As he shouted these questions and answers he ran swiftly backwards and

forwards brandishing a _taiaha_ as he ran.

"Sit indeed! Who says sit? Go back, go back. Do not thou sit here.

What wilt thou sit here for? We are not thy people. We are free. We

will not have a Governor. Return, return, leave us. The Missionaries

and Busby are our fathers. We do not want thee, so go back, return,

depart."

Tareha, who followed, was easily one of the largest natives in the

North, and had been one of the most ferocious of cannibals.[74] He

seldom burdened himself with much clothing, and on this occasion, as

if to show how independent he was of such European luxuries, he

appeared with nothing more than a dirty piece of old matting fastened

round his waist. In the one hand he carried a canoe paddle, and in the

other a small bunch of fern-root, tied by a piece of string, for the

purpose of further demonstrating that he and his people still had the

food of their fathers to rely upon. Tareha never became a

Christian--dying as he lived, a heathen--but under the influence of

Hongi he had always shown considerable solicitude for the

Missionaries, whose interests he had invariably protected, both with

his personal and tribal power. His particular protégé at this time was

Bishop Pompallier, to whom, in common with Rewa, Moka, and Hakiro, he

lived near at Kororareka. Whether this association in any way affected

the views of Tareha and his associates is probably a matter best left

to individual opinion, but it has been observed as an interesting

coincidence that the natives who were in closest contact with the

Bishop were the most aggressively hostile to the treaty.

This fact had already been so much in evidence that when Tareha rose,

and in his deep sepulchral voice shouted, "No Governor for me--for us

native men," no one who was taking a keen interest in the proceedings

was very much surprised. With much of the gesticulation peculiar to

Maori oratory and a clever application of the arts involved in native

elocution, Tareha began to develop his pronouncement against the

Governor. "We, we only are the chiefs--the rulers. We will not be

ruled over. What! thou, a foreigner, up and I down! Thou high, and I,

Tareha, the great chief of the Nga-Puhi tribes low! No, no, never,

never. I am jealous of thee; I am, and shall be until thou and thy

ship go away. Go back, go back, thou shalt not stay here. No, no, I

will never say 'Yes.' Stay! Alas! what for? Why? What is there here

for thee? Our lands are already all gone. Yes, it is so, but our names

remain. Never mind, what of that--the lands of our fathers alienated!

Dost thou think we are poor, indigent, poverty-stricken--that we

really need thy foreign garments, thy food? Look at this!"

Here he dangled his bunch of fern-root in the air as proof that his

argument was not without foundation.

"See, this is my food, the food of my ancestors, the food of the

native people. Pshaw! Governor, to think of tempting men--us

natives--with baits of clothing and food! Yes, I say we are the

chiefs. If all were to be alike, all equal in rank with thee; but thou

the Governor up high--up, up, as this tall paddle[75] and I down,

under, beneath! No, no, no. I will never say 'Yes, stay.' Go back,

return, make haste away. Let me see you (all) go; thee and thy ship.

Go, go, return, return."

The speech of Tareha with its forceful opinions and dramatic delivery

had a marked and visible effect upon the native section of the

audience, so much so that Captain Hobson began to regard the result

with considerable trepidation. He expressed these fears to Mr.

Williams, who, knowing the delicacy of the situation, advised him not

to betray his anxiety, but at the close of the meeting to recommend

the treaty to their deliberate consideration, and to say that he would

give them three days in which to finally make up their minds upon it.

For this advice Captain Hobson thanked the Missionary, and then a more

favourable turn was given to the debate by a humorous sally from

Rawiri, a chief of Ngatitautahi, who, anxious to display his

smattering of newly acquired English, opened his speech with the

salutation, "Good morning, Mr. Governor, very good you." This was as

far as his linguistic accomplishments could carry him, and for the

remainder of his oration he relapsed into his native tongue, in which

he made an earnest appeal for established authority and a law that

would maintain them in peace. "Our Governor, our Father! stay here, O

Governor! Sit that we may be in peace. A good thing this for us, my

friends, native men. Stay, sit. Do thou remain, O Governor! to be a

Governor for us."

Up to this point the weight of influence and oratory had been heavily

against the Governor, the opposition evidently considering it good

tactics to get in early and reap the fruits of a first impression. But

the friends of the treaty now put up a powerful foil to Tareha in the

person of Hone Heke, the nephew and son-in-law of Hongi, and

admittedly one of the most influential men, both by lineage and

achievement, in all the North. Heke at this time was actively

espousing the Christian cause, and had not developed the mischievous

spirit which afterwards gave him even greater prominence in European

annals than he had as yet acquired in Maori fame. He began in that

mystical manner so much beloved by Maori orators, the skilful use of

which was regarded as a test of their accomplishment.

"To raise up, or to bring down? To raise up, or to bring down? Which?

Who knows? Sit, Governor, sit. If thou shouldst return, we natives are

gone, utterly gone, nothinged, extinct. What then shall we do? Who are

we? Remain, Governor, a father for us. If thou goest away, what then?

We do not know."

Then turning and addressing himself to those immediately about him, he

said, "This, my friends, is a good thing. It is even as the word of

God.[76] Thou to go away! No, no, no! For then the French people or

the rum-sellers will have us natives. Remain, remain, sit, sit here;

you with the Missionaries all as one. But we natives are children.

Yes, it is not for us, but for you, our fathers--you Missionaries--it

is for you to say, to decide what it shall be. It is for you to

choose, for we are only natives. Who and what are we? Children, yes,

children solely. We do not know. Do you then choose for us. You our

fathers--you Missionaries. Sit, I say, Governor, sit. A father, a

Governor for us."

The emphasis with which these concluding sentences were pronounced,

and the gestures by which they were accompanied, came as a convincing

climax to what had been a mighty speech. The _mana_ of Heke was

great, for was he not descended from Rahiri, who came down in a direct

line from a Viking Admiral of the Hawaiki fleet; was he not the

representative of the Ariki family of Nga-Puhi; had he not by virtue

of his great name levied toll upon all who crossed his estate at

Puketona; was he not the brave who had distinguished himself at the

1830 fight at Kororareka when Hengi was killed, and had he not fought

valiantly at Tauranga when Titore attacked the _pa_ at Otumoetai?

Heke had thus become great in all that told most in the estimation of

the Maori, and when he had spoken it was indiscreet for any dog to

bark.[77]

No sooner had he resumed his seat upon the ground than the hum of

approving comment could be heard in all quarters of the tent. Here was

a speech indeed, Europeans and natives alike joining in eulogiums of

both its manner and its matter. While the buzz of conversation filled

the air, Hakitara, a chief of the Rarawa tribe, rose and commenced a

speech in favour of the treaty. He was, however, unfortunate in having

to follow Heke, who had for the moment captured public attention, and

Hakitara, being unable to raise his voice above the din, soon subsided

and made way for a greater even than Heke.

While the latter was speaking the gathering had received an important

augmentation by the arrival of Tamati Waaka Nēne, his elder brother

Patuone, and the Nga-Puhi chiefs of Hokianga. They had mingled with

the crowd, and immediately the Rarawa chief had concluded, Nēne

came forward and spoke "with a degree of natural eloquence that

surprised all the Europeans and eventually turned aside the temporary

feeling of hostility that had been created."[78]

Dr. Bright, one of the few Englishmen who have left us an account of

this historic gathering, describes Nēne at this moment as a

"mild-looking, middle-aged man with a deportment as if he felt he was

a gentleman." As he listened to Heke he rested upon his _taiaha_,

and smiled upon those about him. His face bore evidence that he was

glad to see the white man and the brown in conference.

To this chief with his great mental powers, his keen perception, his

capacity to read the signs of the times, it had been long apparent

that the advent of the _Pakeha_ was inevitable, and that the

Maori system was incapable of developing the principles of a stable

Government. To now enter upon a campaign of hostility to the whites

would, he believed, certainly result in the destruction of his own

race. It was too late. Yet to govern themselves was manifestly

impossible. He therefore found himself in the same dilemma as had

presented itself to a large section of the ancient Jews in the

beleaguered city of Jerusalem, who honestly enough believed that their

country had arrived at that stage in its history when its only

salvation lay in its seizure and government by a foreign power strong

enough to establish justice and security, even though it might be at

the sacrifice of liberty. What the Romans were to Palestine the

British were in Nēne's eyes to New Zealand, and that was what he

meant when he begged the Governor to remain and be to the Maori a

friend, a father, and a Governor.

As he stepped into the arena of debate the storms were laid still, and

a general calm suppressed the rising excitement, for he was esteemed

by the white men and known to his own race as one who dared to fight

as well as to talk of peace. His voice was low at first, nor needed he

to raise it high--no sound intruded on it.

[Illustration: TAMATI WAAKA NĒNE.

After the painting by G. Lindauer in the Partridge Collection,

Auckland, by kind permission of the owner.]

"I will first speak to us, to ourselves, the natives," said Nēne.

"What do you say? The Governor to return? What then shall we do? Say

here to me, O ye chiefs of the tribes of the northern part of New

Zealand, how are we henceforward to act? Friends, whose potatoes do we

eat? Whose were our blankets? These spears (holding up his

_taiaha_) are laid aside. What has the Nga-Puhi now? The

_Pakeha's_ gun, his shot, his powder. Many months has he been in

our _whares_; many of his children are our children. Is not the

land already gone? Is it not covered, all covered with men, with

strangers, foreigners--even as the grass and herbage--over whom we

have no power? We the chiefs, and natives of this land, are down low;

they are up high, exalted, yet they make no slaves. What do you say?

The Governor to go back? I am sick, I am dead, killed by you. Had you

spoken thus in the olden time, when the traders and grog-sellers

came--had you turned them away, then you could well say to the

Governor, 'Go back,' and it would have been correct, straight, and I

would also have said with you, 'Go back'--yes, we together as one man,

with one voice. But now as things are, no, no, no. What did we do

before the _Pakeha_ came? We fought, we fought continually. But now

we can plant our grounds and the _Pakeha_ will bring plenty of trade

to our shores. Then let us keep him here. Let us all be friends

together. I'll sign the _puka puka_.[79] I am walking beside the

_Pakeha_."

This portion of the speech had been spoken with all the fiery

declamation of which Waaka Nēne was capable when needs demanded it,

but having delivered his message to his own people, he turned and,

with pleading and pathos in his voice, said: "O Governor, sit. I,

Tamati Waaka, say to thee, sit. Do not thou go away from us; remain

for us a father, a judge, a peacemaker. You must not allow us to

become slaves. You must preserve our customs, and never permit our

land to be wrested from us. Yes, it is good, it is straight. Sit thou

here, dwell in our midst. Remain, do not go away. Do not thou listen

to what the chiefs of Nga-Puhi say. Stay, then, our friend, our

father, our Governor."[80]

As it has always been frankly conceded that Nēne's speech was the

turning-point in the debate, it may be well to present here a sketch

of the chief whose stirring history and admirable characteristics were

well and personally known to a writer who lived through all these

eventful days in New Zealand. According to this authority, Nēne

"had a singularly open, honest, and benevolent expression of face, and

though, if needs were, he could be stern enough, there was little of

cruelty or vindictiveness in his composition as there could possibly

have been in one whose youth was spent in such surroundings. He was

the bravest among the brave; a splendid Maori general, averse to

fighting until every way of conciliation was exhausted; and although

he never heard of Polonius, with him too it was a maxim, 'Beware of

entrance to a quarrel, but, being in, bear't that the opposed may

beware of thee.' He was impressed with the abiding feeling that the

only chance for his race was to keep peace with the _Pakeha_, to

accept loyally the supremacy of the Queen, and to bear themselves

patiently through the slow and difficult transition from Maori custom

to British law. His bare word was trusted all through the country as

the most binding writing would be trusted amongst ourselves, and he

had the power of attracting followers to his person with a devotion

which made them ready to stand by him in life or in death.

"He had for many years been a convert of the Wesleyan Mission, and had

received at his baptism the prefix Thomas Walker to his old Maori name

of Nēne. From beginning to end he never swerved in his pledge of

loyalty to the Queen. When he died he was buried in the little

churchyard of Kororareka, having solemnly adjured his friends not to

allow the Maori custom of disposing of his bones, but to let him lie

in peace in a Christian grave; and over his grave the Government

raised a stone monument, with an inscription in both languages

expressive of their gratitude, and purporting that _that_ was the

resting-place of one who was alike steadfast in his friendship for the

British and in his labours to secure the best interests of his

countrymen--a chief of men, one wise in counsel as he was brave in

war.

"For once in a way there was an epitaph of severe and simple truth,

and there was not a word of flattery in its praise of the dead. He had

been one of Hongi's lieutenants, and had traversed with his war

parties the whole of the Northern Island to the neighbourhood of Cook

Strait. But it was for his wisdom as a counsellor and his influence as

a peacemaker that he was specially famous. No one could set down his

conciliation to weakness or fear. In his ordinary bearing he was

gentle as a child. In conversation his voice was soft as a woman's,

but in the shout of battle it was said to be terrible, and it could be

heard above all the clash of arms and the din of the conflict. He was

hardly ever defeated, and it was his way before he fought to look

beyond the victory, and to determine the move by which it should be

followed. He was half a life older than Heke, and indeed he regarded

the action of that chief very much as the escapade of a petulant boy.

In their case the struggle had none of the bitterness of personal

resentment, and when Heke made his somewhat sulky submission, Nēne

advised the Government to treat him with kindness and consideration,

and the war being ended, not to add to his disappointment anything

that would hurt his sense of personal dignity. We owe Nēne's

memory, more than to any other of the Maori race, a real debt of

gratitude and respect, for at many a crisis he threw himself into the

breach, and averted dangers that might have been fatal in those early

days. As a father he was a man of tender feeling. He had but one son,

eighteen years old, whom my mother nursed in his illness, and after

the boy's death, when Nēne came to our house, he could not speak of

his loss without tears, or thank her too much for the kindness that

seemed to him to have been all in vain."

Nēne was followed in the debate by his elder brother, Patuone, well

known as one of the fathers of Nga-Puhi. Though he has not held the

picturesque position in Maori history occupied by his younger

relation, his life was at least eventful enough to have become the

subject of an interesting biography,[81] as he was at this time as

highly esteemed by his own people as he was by the _Pakeha_ in

later years; when in his old age he was living well down into the

European era.

Patuone spoke briefly, but definitely. He favoured the coming of the

Governor as the solution of all their troubles.

"What shall I say on this great occasion, in the presence of all these

great chiefs of both countries? Here then this is my word to thee, O

Governor! Sit, stay--thou and the Missionaries, and the word of God.

Remain here with us, to be a father to us, that the French have us

not, that Pikopo,[82] that bad man, have us not. Remain, Governor,

sit, stay, our friend."

The turn which affairs had now taken proved too much for the

excitable Te Kemara, who had been the first speaker. He had patiently

heard out Heke, Nēne, and Patuone, but unable to longer restrain

himself he at this point jumped up and in his lively, breezy manner

proceeded to counter the flow of pro-British oratory: "No, no," he

shouted. "Who says stay? Go away, return to thine own land. I want my

lands returned to me. If thou wilt say, 'Return to that man, Te

Kemara, his land,' then it will be good. Let us be all alike. Then, O

Governor, remain. But the Governor up, Te Kemara down, low, flat! No,

no, no. Besides, where art thou to stay, to dwell? There is no place

left for thee."

This exclamation of Te Kemara's drew from Mr. Busby the remark that

his house would be occupied by the Governor until a suitable residence

could be procured for him, which piece of information served to

produce a marked change in the chief's demeanour.

Crossing his hands as though they were locked in handcuffs, he ran up

to the Governor, and with eyes flashing with anger, he exclaimed:

"Shall I be thus? Say to me, Governor; speak. Like this--eh, like

this? Come, come; speak, Governor, Like this--eh?"

Here his manner became distinctly offensive to His Excellency, and one

of the chiefs sitting near-by reproached him for his insolence,

whereupon he turned one of those violent mental somersaults which all

extremists are at times apt to do. Leaping forward, he seized hold of

Captain Hobson's hands and shook them heartily, grinning gleefully,

while he shouted in the best English he could command, "How d'ye

do--eh, Governor? How d'ye do--eh, Mister Governor?" This enquiry he

repeated over and over again, the Governor evidently enjoying the joke

as much as any one. "This," says Captain Hobson, "occasioned amongst

the natives a general expression of applause, and a loud cheer from

the Europeans in which the natives joined."

Thus the business of the meeting closed in the most amiable spirit,

the further consideration of the momentous question being by general

consent adjourned until the following Friday (the 7th), in order that

the natives might have one clear day during which to reflect upon the

Governor's proposal.[83]

When Captain Hobson and his escort left the meeting they descended the

rude pathway cut in the side of the hill, and as they walked towards

the beach where their boat lay, the Governor was discussing with Mr.

Colenso the printing of the treaty and other kindred matters. They had

just reached the boat and were preparing to enter, when their

attention was directed to a commotion not far off. They had not

discovered the cause of the excitement before a chief, very much out

of breath, burst in upon the viceregal party, and, standing directly

before the Lieutenant-Governor, gazed intently at him for a few

minutes. Then in a loud shrill voice he cried out in wailing tones,

"_Au e he koroheke! E kore e roa kua mate_," and at once fell

back into the crowd.

The incident was so sudden in its happening, and was so evidently of

personal moment to himself, that Captain Hobson was naturally curious

to know its full import. He appealed to Mr. Colenso to kindly

interpret the old man's message, but the Missionary, unwilling to

enlighten the Governor as to the sinister suggestion conveyed by the

grey-headed seer, endeavoured to evade the point by telling him what

was perfectly true--that this was an old chief who had just arrived

from the interior and was anxious to see the Queen's representative.

The explanation, though plausible enough, did not satisfy the

Governor, who had a predilection that there was more behind the

chief's wild lament than this, and his importunities to know the truth

being supported by those of Captain Nias, Mr. Colenso at length had to

admit that there was more of prophecy than curiosity in the chief's

mournful exclamation: "Alas! an old man. He will soon be dead."

The incident, which had something of comedy in its early features,

thus terminated with a tragic note, and the Governor, who had been

highly elated at the success of the meeting, pulled off to his ship in

a gloomy and meditative mood.

During the remainder of the day[84] a strong effort was made by the

beach-combers and whisky-sellers of Kororareka to spread dissension

amongst the chiefs, and to prejudice the idea of the Queen's

protection; but the Missionaries were whole-hearted in their support,

and vigilant to counteract the opposition of these ill-disposed

individuals.[85] The good impression created by Heke and Nēne

therefore stood, and before the evening had closed there was a

preponderating number anxious to sign the treaty.

The Missionaries were equally anxious to take advantage of this

favourable feeling, and were now keenly apprehensive that the delay

until Friday would be detrimental to the treaty party. They therefore

consulted together with a view to expediting the taking of the chiefs'

signatures, and concluded that it would be better to do so on the

morrow.

There was also another, and undeniably a powerful, factor operating in

favour of a speedy termination of the business. This was the fact that

the natives, having been called hurriedly together, were insufficiently

supplied with food, nor were provisions for so large a number

procurable within easy distance. The natives were thus faced with the

alternative of remaining hungry at Waitangi or returning home to be

fed. This was an option about which no Maori ever had two opinions,

and it was perfectly obvious that if the proceedings were further

delayed until Friday there would be a stampede from the scene of

negotiations and the golden opportunity would be in all probability

irretrievably lost.

Influenced by these considerations, the Missionaries agreed that

Captain Hobson should be made aware of the altered position of

affairs, but apparently no proper steps were taken to have the

information conveyed to him. Consequently when they arrived next

morning from their station at Paihia, about one and a half miles

distant from Waitangi, the Governor had not yet come on shore. There

was also a perceptible diminution in the number of the natives

present, several companies, chagrined at their treatment in the

scramble for the tobacco on the previous day, having folded their

blankets and returned home. Still there were from 300 to 400 squatting

in groups here and there, all earnestly discussing the treaty with

more or less clarity of comprehension. An hour flew by and yet no sign

of the Governor, nor could any movement be detected on board the

_Herald_ indicative of his coming.

Noon had arrived but still no Governor, impatience being manifest on

every face, when a boat containing two officers was seen to leave the

ship. They rowed leisurely across the Bay, and when they reached the

landing-place and were told that both natives and Europeans were

awaiting the Governor, they were considerably surprised, and explained

that "His Excellency certainly knew nothing of a meeting to be held

here this day."

Now that it was clear there had been an unfortunate misunderstanding

it was not long before communication was held with the ship, and

Captain Hobson, accompanied by the officers of his Government, came

ashore; but his departure had been so hurried that he came in

civilian clothes, having no time to don more of his uniform than his

cocked hat. He hurriedly assured those about him that he had not

entertained the least notion that a meeting was to be held; that as

matters stood he was quite prepared to take the signatures of all the

chiefs willing to sign, but that he must still hold the public meeting

on the following day as already announced by him.

A move was then made towards the tents by the whole party, closely

followed by the natives, who crowded under the canvas with no small

excitement and hustle. Some preliminary details--such as the

arrangement of tables at which the chiefs could sign--having been

completed, the Governor and party then ascended the platform, and

Captain Hobson announced that this not being a regularly convened

public meeting he could not permit of any discussion on the merits of

the treaty. The business, therefore, would be confined to accepting

the signatures of those chiefs who were willing and ready to sign.

At this juncture a message came to His Excellency from Bishop

Pompallier, stating that he and his priest were at that moment resting

in Mr. Busby's house, and were anxious to be present at the meeting.

Lieutenant Shortland was immediately despatched to bring the Bishop

in, and on his entering he was welcomed and invited to occupy the seat

he had filled on the previous day.

The business was resumed by Captain Hobson proposing that Mr. Henry

Williams should read the treaty from the parchment on which it had

been engrossed, as that which had been submitted to them on the

preceding day had been merely the original draft. This office was

performed by Mr. Williams, whereupon Bishop Pompallier leaned over to

the Governor and asked that the natives might be informed that all who

should join the Catholic Church should have the protection of the

British Government.

Captain Hobson, with much blandness of gesture and expression,[86]

replied, "Most certainly," and proceeded to express his regret that

the Bishop had not made known his wishes earlier, as in that event the

provision "would have been embodied in the treaty."

Turning then to Mr. Williams, he said: "The Bishop wishes it to be

publicly stated to the natives that his religion will not be

interfered with, and that free toleration will be allowed in matters

of faith. I should therefore thank you to say to them that the Bishop

will be protected and supported in his religion--that I shall protect

all creeds alike."

"I presume the same protection will be offered to all?" remarked Mr.

Williams; to which the Governor replied, "Certainly."

"What need, then," asked Mr. Williams, "is there to burden the

proceedings with such an announcement if all are to have protection

alike?"

To this the Governor replied that as the Bishop was anxious that the

announcement should be made, he would feel obliged if Mr. Williams

would deliver it to the meeting.

Mr. Williams then proceeded to address the natives: "_Na, e mea ana

te Kawana_"--"Attend, the Governor says." Here, however, he felt

the matter was one of such magnitude that he could not afford to treat

it in a casual way, and he expressed this opinion to his fellow

Missionary, Mr. Clarke, who was standing near him.

"Pray, sir, write it down first, as it is an important sentence,"

suggested Mr. Colenso.

Mr. Williams, taking pencil and paper, then wrote as follows: "The

Governor wishes you to understand that all the Maoris who shall join

the Church of England, who shall join the Wesleyans, who shall join

the Pikopo, or Church of Rome, and those who retain their Maori

practices shall have the protection of the British Government."

This he handed to the Governor, who passed it on to the Bishop, who,

having read it, said in English, "Oh yes, that will do very well."

The statement was read to the meeting, and if Mr. Williams is to be

accepted as an authority, it was received in silence, the natives not

knowing what it meant.[87] Bishop Pompallier then rose and, bowing to

the Governor, left the meeting.

These preliminaries having been satisfactorily disposed of, the chiefs

were as a body invited to come forward and append their signatures to

the treaty. To this invitation no one responded for a time, none

caring to be the first to take what might prove to be a precipitate

step. For several minutes the Maori mind hung in this state of doubt

and indecision until Mr. Busby hit upon the expedient of calling upon

the chiefs by name. He had prepared a list for his own information of

those eligible to sign, and by a fortunate circumstance the name of

Hone Heke stood first upon that list. Heke, who had proved himself

such a redoubtable advocate of the treaty, came forward frankly enough

when thus directly appealed to, and was about to sign, when Mr.

Colenso interposed by asking the permission of the Governor to clear

up one point upon which grave doubts had been raised in his mind as

the result of his mingling with the natives since the earlier meeting.

This permission was readily granted, whereupon Mr. Colenso said, "May

I ask Your Excellency whether it is your opinion that these natives

understand the articles of the treaty which they are now called upon

to sign?"

He was proceeding to say that he had that morning arrived at a

different conclusion, when Captain Hobson interrupted him with the

remark: "If the native chiefs do not know the contents of this treaty

it is no fault of mine. I wish them to fully understand it. I have

done all that I could to make them understand the same, and I really

don't know how I shall be enabled to get them to do so. They have

heard the treaty read by Mr. Williams."

"True, Your Excellency," rejoined Mr. Colenso, "but the natives are

quite children in their ideas. It is no easy matter to get them to

understand--fully to comprehend a document of this kind; still I

think they ought to know somewhat of it to constitute its legality. I

speak under correction, Your Excellency. I have spoken to some of the

chiefs concerning it, who had no idea whatever as to the purport of

the treaty."

Here Mr. Busby joined in the discussion by reminding Mr. Colenso that

the best answer that could be given to his observation would be found

in the speech made yesterday by the very chief about to sign, Hone

Heke, who said "the native mind could not comprehend these things;

they must trust to the advice of their Missionaries."

"Yes, that is the very thing to which I was going to allude," replied

Mr. Colenso. "The Missionaries should do so, but at the same time the

Missionaries should explain the thing in all its bearings to the

natives, so that it should be their very own act and deed. Then in

case of a reaction taking place, the natives could not turn round on

the Missionary and say, "You advised me to sign that paper, but never

told me what were the contents thereof."[88]

Captain Hobson, who had evidently not contemplated this contingency,

expressed the hope that no such reaction would take place. "I think,"

he said, "that the people under your care will be peaceable enough: I

am sure you will endeavour to make them so. And as to those that are

without, why, we must endeavour to do our best with them."

This attitude on the part of the Governor sufficed to satisfy Mr.

Colenso, who had no desire to be contumacious, but having conscientious

doubts upon the native grasp of a subject necessarily foreign to their

tribal policy, he felt it his duty to give full expression to those

doubts, and he thanked His Excellency for having given him the

opportunity to do so.

Hone Heke then put his name upon the parchment,[89] and as if to

answer the objection raised by Mr. Colenso, he told the people in a

brief speech that he fully approved of the proceeding, as they all

needed protection from every foreign power, and they well knew the

fostering care of the Queen of England towards them.

With so propitious a lead there was no further hesitancy on the part

of the remaining chiefs, and the process of recording their signatures

went merrily on. While it was proceeding, Marupo, a chief of the

Whanaurara tribe, and Ruhe, a chief of the Ngatihineira tribe, were

busy making violent speeches against the treaty. Both warriors

delivered themselves in the style characteristic of their people when

they have serious business on hand, running sharply up and down a

beaten avenue, gesticulating energetically, stamping their feet, and

pouring out their denunciations with a volubility that was difficult

to follow. Marupo, who had discarded all his clothing except a

_piupiu_ made of reeds which hung round his waist, was especially

determined in his opposition, continuing his harangue until voice and

body failed from sheer physical exhaustion.

Then realising that his oratory had not turned the tide of public

opinion, and that the adoption of the treaty was inevitable, he and

his compatriots, appreciating the advantage of being on the popular

side, joined the ranks of the signatories and drew their _moko_[90]

upon the parchment.

Marupo signalised his conversion by shaking hands heartily--even

violently--with the Governor, and desired to confirm the new-formed

friendship by seizing the Governor's hat, which was lying on the

table, and putting it upon his head.

The next of the insurgents to surrender was the versatile but volatile

Te Kemara, who, when he had succumbed to the pressure of the popular

will, volunteered the statement that he had been influenced in his

opposition by the French Bishop, who had told him "not to write on

the paper, for if he did he would be made a slave."

The only chief of high standing who was present and had not now signed

the treaty was Rewa, but his obduracy was at length overcome, he

yielding to the persuasions of his tribal friends, supported by the

advice of the Church Missionaries, and when at length he drew his

curious hieroglyphics upon the parchment, he too admitted that his

opposition had been wholly inspired by the Bishop, who had earnestly

interceded with him not to become a party to the treaty.

Captain Hobson, who had apparently recovered from his recent

indisposition, appeared to be in the cheeriest of spirits, and as each

chief signed the treaty he took him by the hand, and repeating in

Maori "_He iwi tahi tatou_"--"We are now one people"--paid a

little compliment to the native race that was hugely appreciated by

the recipients.[91]

During the course of the morning small contingents of natives had been

arriving from distant parts, who had not been present at the previous

day's proceedings owing to the unavoidable delay in receiving their

summoning circulars, but after brief explanations by their friends,

they, without exception, subscribed to the Queen's proposal to give

their country a stable Government. Altogether forty-five chiefs signed

the treaty on this eventful February 6, but they were for the most

part men of only moderate influence, and with the exception of Waaka

Nēne, and his brother Eruera Patuone, who hailed from Hokianga, and

Kauwhata, Wharau, and Ngere, from Wangaruru, all were resident within

the immediate vicinity of the Bay of Islands. Twenty-six of these,

however, had signed the much-despised Declaration of Independence five

years before, and Captain Hobson so far concluded that their

acquiescence in his present mission "must be deemed a full and clear

recognition of the sovereign rights of Her Majesty over the northern

parts of this Island," that he immediately arranged with Captain Nias

to announce the cession on the morrow with a salute of twenty-one guns

from the deck of the _Herald_.[92]

Having now concluded the official portion of the business, Captain

Hobson, who had conducted the whole of the proceedings with

conspicuous patience and ability, left the meeting under a volley of

cheers from the natives, which resounded through the hills and across

the sunny waters of the Bay.

"In the course of these proceedings," wrote Captain Hobson to Sir

George Gipps, "I have courted the utmost publicity, and I have

forborne to adopt even the customary measure of propitiating the

consent of the chiefs by promises of presents, and not until the

treaty was signed did I give them anything. To have sent them home

without some acknowledgment would have been a violation of their

customs, and would have given offence. I therefore distributed a few

articles of trifling value before they separated."

This distribution was entrusted to Mr. Colenso, each chief who had

signed the treaty receiving two blankets and a quantity of tobacco,

and "by dint of close and constant attention," reports that gentleman,

"the said distribution went off well without any mishap or hitch."

Next morning broke with a grey sky and rain so incessant as to

dissipate all hope of holding the contemplated meeting. Neither was it

deemed advisable under such depressing circumstances to proclaim the

event by a Royal salute, so that by a strange perversion of fate,

Friday the 7th, which was to have been the day of days, passed off

cold, bleak, and uneventful. It was not, therefore, until Saturday the

8th that the proceedings, so far as they had gone, were fully

consummated. This was accomplished amidst the floating of bunting and

the booming of guns, for upon this bright and sunny day it may be

said that New Zealand became a British colony, and what some of us are

vain enough to regard as the brightest jewel in Britain's Crown.[93]

[51] The number and extent of the erasures in the original draft

indicate that the greatest care was taken in its composition by those

concerned.

[52] "Upon the fullest consideration my judgment inclines me strongly

to recommend you, and through you, all the other members of the

Mission, that your influence should be exercised amongst the chiefs

attached to you, to induce them to make the desired surrender of

sovereignty to Her Majesty."--Bishop Broughton's letter to Mr. Henry

Williams.

[53] Mr. Busby's house was built of Australian hard wood, and though

upwards of eighty years old is still standing in an excellent state of

preservation. The property is now occupied by Mr. Theo. A. Izard, who

recently unearthed on the site where the marquee was erected the iron

shoe of a military tent-peg of the period, doubtless one that was used

in connection with the signing of the Treaty of Waitangi.

[54] Waitangi signifies "crying water," and there were many people

superstitious enough to believe that the choice of this spot was a bad

omen.

[55] The man who stands in the centre of the canoe and gives the time

to the rowers.

[56] Amongst the Americans present were several of the scientists

attached to the United States exploring expedition, under Commander

Wilkes, who had assembled at the Bay of Islands to await the return of

their vessels from the Antarctic. With the exception of Bishop

Pompallier the Frenchmen at the Bay were conspicuous by their absence,

believing that in this way they were offering a protest against the

proceedings.

[57] This was a clever strategetical move on the part of the Bishop,

who, though protesting that he was not concerned in a political

negotiation, evidently saw the advantage of utilising the occasion to

make an impression on the native mind in the interests of his Church.

In his published account of the event Bishop Pompallier makes it

appear that the Protestant Missionaries had been circulating the

statement amongst the natives that he would not "dare" to put in an

appearance at the meeting. He was, however, specially invited by

Captain Hobson, and he made the most of the opportunity thus given

him.

[58] The name of this priest does not seem to have been preserved.

[59] They were members of the Mounted Police Force which Captain

Hobson had brought with him from Sydney.

[60] _Rangatira_: Chief, gentleman, one in authority.

[61] In his discussions with the Maoris, Bishop Pompallier had

stressed the point that he held the advantage over the Protestant

Missionaries in that he was a member of the Episcopacy. The best

attempt on the part of the natives to render into their own language

the word Episcopo, in its varied forms, was "_Pikopo_," hence the

Bishop and his converts became known as _Pikopo_.

[62] The Revs. Ironside and Warren, of the Wesleyan Mission, arrived

at a later hour, with the contingent of Hokianga natives, including

Tamati Waaka Nēne; and on the following day they were amongst the

witnesses to the signatures.

[63] _Authentic and Genuine History of the Signing of the Treaty of

Waitangi_, by the Rev. W. Colenso.

[64] These were all of foreign manufacture, and were the gifts of

Bishop Pompallier. On this point Jameson says: "But the most virtuous

of human actions are liable to be misinterpreted and misjudged, and M.

de Pompallier's liberality to the natives was uncharitably stigmatised

as an attempt to bribe and lure them to the adoption of the Catholic

persuasion. This conduct was invidiously contrasted with that of the

Church of England and Wesleyan Missionaries, who deemed it a point of

duty to hold out no temptation to the cupidity of the natives, as an

inducement for them to become Christians, and also to encourage among

them regular habits of industry, gave them nothing except in fair

exchange for agricultural produce or for services performed. The

Protestant Missionaries have laboured with great zeal and success

amongst the New Zealanders. But in acknowledging their merits, we, in

common justice, cannot condemn the motives of M. de Pompallier."

[65] A short spear.

[66] "Captain Hobson spoke briefly but emphatically and with strong

feeling."--Felton Mathew.

[67] Rewa once replied to a European who had chided him because he had

ceased to pay him his customary visits, "I was ashamed to go, because

I had no present to offer you. Formerly, when I went to see my friends

I always carried them a present of pigs and potatoes, but I am a poor

man now. I have sold all my land and I have nothing to give my

friends."

[68] Mr. Gilbert Mair was a merchant at Kororareka. Mr. James E.

Clendon was likewise a merchant there, and had been Assistant British

Resident at Hokianga. He was at this period U.S.A. Consul.

[69] Meaning the Proclamation referring to land titles.

[70] Colenso repudiates the suggestion that the speeches were not

properly interpreted, and explains that Maori oratory is redundant

with repetition which, of course, was very properly eliminated during

the course of the translation.

[71] The Bishop of Australia thus wrote to Mr. Williams on the subject

of the Missionaries' land claims: "I am led to believe that the

immediate consequence of establishing the British Dominion will be the

settlement of titles to land according to the principles of law and

equity. This proceeding will necessarily lead to a judicial

investigation of the landed properties transmitted to the Society.

These should be exactly and jealously re-examined, that you may be

prepared to sustain them, even to the minutest point when brought

under the scrutiny of the world at large, as beyond all doubt they

will be. I think also that it will be expedient that you should take

advantage of the warning thus given of what you are to expect, by

preparing a most full and explicit account of all the transactions

between you and any of the natives."

[72] This native had been actually christened at his own request as

"King George," Mr. Williams having taken the responsibility of

reversing the names, and entering them in that form in the Register.

[73] This was not the great Titore, who was the first to commence the

felling of kauri spars for the Navy, but another chief of the same

name. Titore Nui (the great) signed the Treaty under the name of

Takiri.

[74] The Rev. R. Taylor relates an instance in which Tareha was about

to despatch a slave for some real or imaginary offence. Mr. Kemp, one

of the Missionaries interposed, and could not be persuaded to let the

killing go on. Whereupon Tareha picked him up (for he was a small man)

and carried him over to his cottage, deposited him inside, and told

Mrs. Kemp to shut him up and keep him out of harm's way. He then

returned to the business on hand. On another occasion the Missionaries

discovered Tareha in a choking condition, a fish bone having lodged in

his throat. He being _tapu_ (sacred) none of his people dared

touch him, but after considerable labour the Missionaries succeeded in

dislodging the bone with the aid of a pair of scissors. After he had

recovered, the punctilious Tareha claimed the scissors as payment for

the desecration of his sacred throat.

[75] Here he held up the canoe paddle, which he had used dramatically

throughout his oration.

[76] This was a reference to the New Testament, which had just been

printed in the native language at the Missionary Press, at Paihia, and

circulated amongst the tribes.

[77] Amongst the many contradictions which the historian of the Treaty

of Waitangi has to reconcile, none is more difficult than the

explanation of Hone Heke's attitude towards the negotiation. The

report of his speech as printed above is taken from Colenso's account

of the proceedings, and would lead one to suppose that Heke was in

favour of the treaty. Colenso's view is supported by the Rev. Henry

Williams, who tells us that Heke "fully approved" of the treaty and

advised the people to sign it. Other accounts are quite different. The

Rev. Mr. Burrows states that Heke "gave a lot of trouble" at the

signing of the treaty. The Rev. Mr. Ironside reports that Heke "was

violent in his harangue against Captain Hobson, vociferating

repeatedly in his native style, '_Haere e hoki_' ('Go, return').

Tamati Waaka came to me and said his heart was _pouri_ (grieved)

with Heke's violence, and the way Captain Hobson was being treated.

'Well,' I said, 'if you think so, say so'; whereupon Tamati sprang up

and made his speech." In some interesting annotations made on the

treaty by Mr. William B. Baker, translator to the Native Department in

1869, that gentleman says: "I remember distinctly being present during

the whole of the meeting; that Hone Heke Pokai was very violent in his

language, though he is not mentioned by Captain Hobson. The chief

whose name is given, Kaiteke, was a better-known character in those

days than Heke, who, though a person of high rank and influence

through his marriage with Hongi's favourite daughter, Rongo, had

previously led a very quiet and retired life. A war of words ensued

between Tamati Waaka Nēne, who came in at this crisis, and Heke,

the result of which was that Waaka 'removed the temporary feeling that

had been created.'" There is thus a distinct difference of opinion and

impression between Mr. Colenso and the above writers who were also

present and heard what was said.

[78] _Vide_ Captain Hobson's despatch to Sir George Gipps,

February 5, 1840.

[79] The Treaty.

[80] "Nēne spoke in a strain of fervid and impassioned eloquence

such as I never before heard, and which immediately turned the tide in

our favour."--Felton Mathew.

[81] _Life and Times of Patuone_, by C. O. Davis.

[82] This was a reference to Bishop Pompallier. The remark was no

doubt prompted by religious prejudice, and serves to show to what

extent the bitterness of sectarian feeling had already grown, for

Patuone was otherwise a man of a most kindly nature.

[83] "One of the chiefs said, 'Give us time to consider this

matter--we will talk it over amongst ourselves, we will ask questions,

and then decide whether we will sign the treaty.' The speeches

occupied about six hours, and the whole scene was one I would not have

missed for worlds, and which I will never forget."--Felton Mathew.

[84] An attempt was made during the afternoon to distribute a quantity

of tobacco amongst the natives, but in their impetuosity to secure the

"fragrant weed" they upset the distributor, and an unseemly scramble

ensued which resulted in a certain amount of bad feeling.

[85] "In the meantime Mr. J. R. Clendon, an Englishman acting as

American Consul, the Missionaries, and many interested persons

residing there, or about becoming settlers, were made to understand

that their interests would be much promoted if they should forward the

views of the British Government. Every exertion was now made by these

parties to remove the scruples of the chiefs, and thus form a party

strong enough to overreach the rest of the natives, and overcome their

objections. About forty chiefs, principally minor ones--a very small

representation of the proprietors of the soil--were induced to sign

the treaty. The influence of Mr. Clendon arising from his position as

the representative of the United States, was amongst the most

efficient means by which the assent of even this small party was

obtained. The natives placed much confidence in him, believing him to

be disinterested. He became a witness to the document, and informed

me, when speaking of the transaction, that it was entirely through his

influence that the treaty was signed."--Extract from Commander

Wilkes's _Journal_.

[86] In some _Early Recollections_ Archdeacon Williams attributes

this affability to the fact that at this time Captain Hobson was

"under the delusion" that the Catholics carried the sway with the

natives.

[87] The Bishop rather plumes himself that by his intervention he

secured the inestimable boon of religious freedom to the people of New

Zealand--_vide_ his _History of the Catholic Church in Oceana_; but he

is obviously labouring a point about which there was no dispute.

[88] Archdeacon Williams is responsible for the statement that none of

the natives held back from signing the treaty because they did not

understand it, but many did because of extraneous influences brought

to bear upon them.

[89] Hone Heke signed the treaty under his ancestral name, Pokai. All

the writers are agreed that he was the first, or amongst the first to

sign; but on the treaty itself his name appears as sixty-sixth in

order, the place of honour being given to Kawiti, his confederate in

the war of 1845. This may be accounted for by the fact that he wrote

his name on the part of the sheet that came most convenient to him.

[90] The tattoo marks on their face.

[91] At the close of the second day's ceremony Patuone advanced to the

dais and presented Captain Hobson with a handsome greenstone

_mere_ as a gift to the Queen. He afterwards returned on board

the _Herald_ and had dinner with the Governor.

[92] The _Herald_ lay off the Hermione reef, where her guns could

command the lawn in front of Mr. Busby's house, as well as the flat to

the left on which the Maoris were camped.

[93] The following interesting reminiscences regarding the Treaty of

Waitangi are from the pen of Mr. George Elliott-Elliott, who in the

year 1841 was Record clerk in the Government service: "This celebrated

document, a sort of New Zealand Magna Charta in its importance, is not

a single document, but is composed of a number of separate sheets;

and, if I remember rightly, some few are of parchment and some of

paper--the text is the same in all; these separate sheets were sent to

the different tribes and _hapus_ of natives for the signatures of

the different chiefs and influential men amongst them. Some of them

could write, and signed their names; others affixed their marks, in

the shape of what was supposed to be an imitation of the tattoo on

their faces. Each of these sheets was in charge of some well-known

European, generally some one in connection with the Church of England

or Wesleyan Missions, who attested the signatures and remarks of the

various persons on the document, and, on completion, returned it to

the Government.

"There is no doubt that this treaty has a _mana_ peculiar to

itself, and that the natives regard it with respect. They believe that

they have thereby voluntarily given up to the _Pakeha_ a

something which is their loss and the _Pakeha's_ gain; but what

that something is they are quite unable to define. I feel pretty sure

that if, from any accident in the early days, this document had been

lost or destroyed, the natives would never have been induced to sign

another. That it was once saved from such accident the following will

show: In 1841 the Government offices were held in a four-roomed wood

cottage in Official Bay, Auckland. The Colonial Secretary, the Audit,

the Colonial Treasurer, and the Customs each had one room. Mr.

Shortland was Colonial Secretary (the Audit was also under his

control), Mr. Cooper was Colonial Treasurer and Collector of Customs.

There were four clerks in the establishment--Grimstone in the

Treasury, Leech in the Audit, Freeman and myself in the Colonial

Secretary's. We were the Government in those prehistoric days. I was

called Clerk of Records, and had charge of the various records and

papers--not many then--amongst them this Treaty of Waitangi. This,

with the seal of the colony, I kept in a small iron box brought from

Sydney in the _Westminster_ the year before. I was living in a

_raupo_ whare in Queen Street, close to Shortland Street, at that

time ('41), when early one morning--I can't remember the precise

date--I observed a great body of smoke ascending from Official Bay. I

at once ran up Shortland Street, and on reaching the top of the hill

found that the Government offices were on fire. When I got to the

building one end was in flames and the place full of smoke. I saw that

nothing could save the place. I at once tied my handkerchief over my

face, got the door open, and rushed into the room which the Colonial

Secretary occupied. I could not see for the smoke, and the

handkerchief both blinded and choked me. The room was small, and I

knew it so well I could put my hand on anything in it blindfold. I at

once went to the iron box, unlocked it, took out the Treaty of

Waitangi, and the seal of the colony, and ran out again directly. I

suppose from the time I entered the building until I left it was not

more than a minute, but it seemed an hour. I carried the seal and the

treaty to the house of Mr. Felton Mathew (Surveyor-General), which was

close by, and gave them into his charge. When I got outside the

burning offices several persons had come up, amongst them some seamen

from a French man-o'-war, then in harbour. They had a portable

fire-engine, but it was useless, for there was no water. Of course the

building and its contents were all destroyed, amongst them the iron

box from which I had taken the seal and the treaty. The box was made

of common sheet iron.

"I subsequently fastened the different sheets of the treaty together

and deposited it in the Colonial Secretary's office, where I presume

it has been ever since."

To commemorate the signing of the treaty, Mrs. Busby planted the

Pohutukawa tree still growing in front of the old Residency (see

illustration).

The Maoris have also erected a monument on the opposite side of the

river, beside what is known as the Treaty House, where they at one

time hoped to establish a Parliament of their own. The monument was

unveiled by the Hon. William Rolleston, Native Minister, on March 23,

1881.

The original documents comprising the Treaty of Waitangi are now in

charge of the Department of Internal Affairs.

The Treaty of Waitangi; or, how New Zealand became a British Colony · 第 4 / 10 章