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.