CHAPTER VI

THE TREATY

Captain Hobson having now by his own efforts and the agency of those

who were associated with him completed his negotiations with the

native chiefs, it remains for us to examine briefly the nature of the

compact into which the Maori and _Pakeha_ had thus solemnly

entered. The Treaty of Waitangi is a document of few clauses and

precise terms. Yet under the conflicting interests which it was

designed to harmonise few documents have been more generally

misunderstood or more persistently misinterpreted. More than once in

high places its utility has been denied, its simple contracts have

been repudiated, and its existence has been ignored. Lawyers have

repeatedly questioned its legality, courts have discussed its

constitutional force, parliaments have debated its wisdom, but still

it stands to-day--unaltered in text or spirit--the great charter of

Maori rights. Its most virulent enemies have ever been the land

speculators, and there are not wanting signs in these times of

unsatisfied land hunger--of never-ceasing speculation--that the treaty

has either been forgotten by those whose duty it is to remember it, or

that its obligations have ceased to have their old-time moral value.

Lest we forget that the treaty is still in force, and that native

lands are not common plunder for the avaricious _Pakeha_, let us

briefly review the circumstances which made the compact between the

two nations a political virtue, if not a political necessity.

It is a principle recognised by the civilised nations of the Earth

that the discovery of a waste and uninhabited land by a pioneering

country confers on that country a right, as against all other

civilised countries, to colonise its new discovery. In such a case the

discovering nation may in fact go further, by immediately taking

possession of the new-found territory, and assuming sovereignty over

it. In this way Norfolk Island being found devoid of inhabitants by

Captain Cook, his discovery of the sea-girt isle not only entitled

Britain to colonise it, but automatically added it to the possessions

of the Empire. This principle has thus been concisely stated by

Vattel: "All men have an equal right to the things which have not yet

fallen into the possession of any one; and these things appertain to

the first occupant. Wherefore, when a nation finds a country

uninhabited and without a master, it may lawfully seize upon the same,

and after it has adequately denoted its will in this respect another

cannot thereof despoil it. Thus navigators going on their voyages of

discovery, provided with a commission from their sovereign, and

falling in with desert islands, or other desert lands, have taken

possession of them in the name of their nation, and commonly this

title has been respected, provided that thereupon a real possession

has closely followed."

It is equally an acknowledged maxim of the Law of Nations that should

the newly discovered land not prove to be "waste and without a

master," but that it should be inhabited and under government of any

kind, then the mere fact of its discovery by a civilised nation

confers upon the discoverer no title to the soil, but only the prior

right to colonise as against other colonising nations. This is but the

natural reward which belongs to the enterprise displayed in fitting

out ships and expeditions destined to navigate unknown seas or to

travel in unknown lands. Such prior right to colonise is, however,

strictly limited by the important consideration that colonisation can

only take place with the free will and consent of the savage or

semi-civilised inhabitants of the newly discovered country. In no

sense does the act of discovery confer the right of property in the

land, or the right of sovereignty over its people. That is to say, in

the abstract, no nation whatever can under any pretext violate the

rights of any other independent nation. This was clearly the principle

which guided those British Governments to whose lot fell the

establishment of the first colonies in America. In all these cases was

the property of the Indian tribes respected, and no land was acquired

save by purchase, or by some other equitable arrangement made with the

aboriginal owners.[156] Hence in the celebrated case of the Cherokee

tribe against the State of Georgia, tried in 1832, before the late

Chief-Justice Marshall, that eminent judge was able to declare that as

the United States had only inherited its rights from Great Britain

after the War of Independence, the individual States could not assume

rights greater than Britain had claimed to possess prior to that

event. No right in Cherokee lands therefore vested in the State until

the Indian title had been honourably extinguished.

This equitable principle has not always been observed between

so-called civilised nations and semi-barbarous peoples, but that it

has long held a place amongst the ideals of men is suggested to us by

the Phoenician legend, that when the merchant princes of Tyre and

Sidon resolved to establish a trading factory on the site upon which

subsequently rose the city of Carthage, they fairly bought the land

from the natives of Northern Africa, the area being determined by the

length of the thongs cut from a bullock's hide. Such a story, coming

down to us as it does through the hoary mists of time, may or may not

appeal to our practical present-day minds, but the fact that it was

commonly told and commonly accepted amongst the ancients is at least

an indication that the principles which govern the conduct of modern

nations towards their less fortunate brethren are founded upon and

have the sanction of great antiquity.

When we come to apply these principles to New Zealand it is of course

necessary to remember that the first European discoverer[157] of this

Dominion was not Cook, but Abel Tasman. The Dutchman's association

with the country was, however, so cursory, and his nation's subsequent

interest in it so nominal, that to the sailor it appeared only as "a

great land uplifted high," while to his countrymen it was known only

as a vague scrawl upon the chart. That Tasman's discovery of 1642 gave

the Dutch a right to colonise in New Zealand had they been so disposed

is undoubted; but whatever rights they had thus acquired, such were

clearly exhausted by Holland's failure to assert them during the long

period of 135 years that elapsed before Cook came to make a reality of

what to Tasman had only been a shadow.

With his characteristic thoroughness Cook left no weak link in the

claim which he made on behalf of his nation. He landed on our shores,

held intercourse with the natives, he surveyed our coasts, he took

formal possession of both Islands "in the name, and for the use of His

Majesty King George III."

"A philosopher perhaps might enquire on what ground Lieutenant Cook

could take formal possession of this part of New Zealand in the name

and for the use of the King of Great Britain, when the country was

already inhabited, and of course belonged to those by whom it was

inhabited, and whose ancestors might have resided in it for many

preceding ages. To this the best answer seems to be that the

Lieutenant in the ceremony performed by him had no reference to the

original inhabitants, or any intention to deprive them of their

national rights, but only to preclude the claims of further European

navigators, who under the auspices and for the benefit of their

respective States, or Kingdoms, might form pretensions to which they

were not entitled by prior discovery."

So wrote one of the great explorer's most friendly biographers, and in

his dispassionate review of the facts we have a correct summation of

the rights which Cook's discoveries did and did not confer upon our

nation. Clearly New Zealand was not a country in which, or over which,

Britain could, by Cook's act, acquire a _bona fide_ possession, for it

was inhabited by a strong and virile people, living under a system of

government adequate in all respects for their social and military

purposes.

In conferring upon New Zealand her charter of severance from New South

Wales in 1840 Lord John Russell thus conveyed to Captain Hobson his

view of the governmental state to which the Maori had risen: "They are

not mere wanderers over an extended surface in search of a precarious

existence; nor tribes of hunters, or of herdsmen, but a people among

whom the arts of government have made some progress; who have

established by their own customs a division and appropriation of the

soil; who are not without some measure of agricultural skill, and a

certain subordination of ranks, with usages having the character and

authority of law." New Zealand then being an inhabited country and a

country under a system of government at least so efficient as to

subsequently induce the British authorities to recognise the Maori

nation as an independent State, it becomes obvious that this could not

be designated a land which could be lawfully seized upon by

circumnavigators.

But such rights as Cook's discoveries did confer upon the nation, the

Government of that day sought to conserve. Following upon his return

to England with the accounts of his travels in strange waters, his

contact with strange peoples, his finding of new lands, proclamations

were issued which were not contested by other Powers. The Dutch title

to these islands was thereby lawfully extinguished, and New Zealand,

Van Dieman's Land, and Australia became for geographical and

colonising purposes portions of the British Empire.

A laudable effort was made to render the claims of Britain even more

explicit when in 1787 Captain Philip was appointed by Royal Commission

Captain-General and Governor-in-Chief in and over the colony of New

South Wales and its dependencies, which were claimed to include all

the discoveries of Cook in the Southern Pacific. The territory over

which the new Governor was authorised to exercise jurisdiction was

described in his Commission as extending "from Cape York, the

extremity of the coast to the northward in the latitude of 11° 37´

south, to the South Cape, the southern extremity of the coast in the

latitude of 43° 30´ south, and inland to the westward as far as 135°

of east longitude, comprehending all the islands adjacent in the

Pacific Ocean within the latitudes of the above-mentioned capes."

Unfortunately, owing doubtless to imperfect geographical knowledge on

the part of those responsible, these boundaries were but loosely

defined, for if they had been strictly adhered to, then Britain was

setting up a claim not only to Cook's valuable discoveries, but to all

the islands eastward of Australia, as far as the western coast of

South America, embracing many Spanish discoveries; while on the other

hand they excluded not only Stewart's Island, but all that part of the

Southern Island of New Zealand south of Bank's Peninsula. Governor

Philip's Commission was therefore faulty, because it asserted

excessive rights in the one direction and made insufficient claims on

the other.

It is true that in later years these boundaries were abandoned and the

position made even more anomalous. During the Governorship of Sir

Thomas Brisbane it was deemed expedient to separate Van Dieman's Land

from New South Wales, and more circumscribed limits were assigned to

the Mother State. In this readjustment, whether by accident or design

it is impossible now to say, not only Van Dieman's Land but New

Zealand were excluded from amongst the dependencies of New South

Wales. Then it became an arguable point whether the word "adjacent"

had ever covered Islands so far distant from the parent colony, and

much legal acumen was expended in the effort to justify the contention

that New Zealand had always been beyond the pale of the dependencies.

Up to this point, however, the official mind had never been troubled

by doubts as to the extent of its jurisdiction. Governor Philip not

only believed that his authority extended to New Zealand, but far

beyond it, and under this belief he actually colonised Norfolk Island

as a part of the territory he had been commissioned to govern. In like

manner the British Government believed it had a right to all that it

claimed in Philip's Commission; and at the Congress of Vienna at the

close of the Napoleonic wars in 1814, when the map of Europe was

recast, it had its claims allowed, New Zealand being acknowledged by

the Great Powers to be a portion of our then infant Empire. Even

earlier in the century Ministers had seriously discussed a

representation made by Lieutenant-Colonel Foveaux, of the New South

Wales Corps, to appoint a Lieutenant-Governor in New Zealand, which

under his scheme was to become a penal settlement subordinate to New

South Wales. Fortunately for New Zealand that baneful suggestion was

not entertained; but Governor Macquarie appointed Justices of the

Peace and exercised the functions of Government within the Islands, as

did his successor, Sir Thomas Brisbane, down to the time of his

proclamation which excluded New Zealand from amongst the dependencies

of New South Wales.

Thus far Britain would seem _prima facie_ to have kept alive her

right to colonise in these Islands as against any other nation,

except, perhaps, in the important particular that she had not

systematically occupied the land. It is not sufficient that discovery

should take place, or that the free will and consent of the native

inhabitants should be obtained to the introduction of colonisation. It

is an essential factor in the acquisition of new territory that the

sanction thus secured should be followed up by speedy emigration and

effective settlement, for obviously no nation could be permitted to

hold idle for an indefinite period vast tracts of waste country to the

exclusion of another nation to whom the inhabitants might also be

willing to concede the right to colonise. The principle upon which

this view is based has thus been stated: "The Law of Nations, then,

will recognise the proprietary rights, and the sovereignty of a

nation over only uninhabited countries which it shall have occupied

really and in fact, in which it shall have formed a settlement, or

from which it shall be deriving an actual use."

In the case of inhabited countries the condition of occupation is no

less exacting. It is, however, hedged about by the additional

restriction that before occupation can take place the right to settle

must be ceded by the inhabitants. Had the point ever become one of

national importance as between ourselves and France, Britain might

have pleaded that her occupation was at least as far advanced as that

of her rival. She might have pointed to her Missionaries, her traders,

and her whalers as evidences of an irregular settlement by no means

inconsiderable. But whatever importance British jurists may have

attached to such a form of occupation in the settlement of an

international dispute, it cannot be denied that it loses much of its

value from the fact that the settlement was irregular, and that

British Ministers would have been put in the anomalous position of

calling to their aid a condition of society which had arisen, not with

the sanction of the Crown, but in spite of the Crown.

If these views be founded on the principles of justice, it will be

seen that it is a popular fallacy to suppose that Britain acquired any

rights of sovereignty in, or over New Zealand by virtue of Cook's

discovery. Her position in 1770 was much less absolute than that, and

whatever rights she had then acquired she subsequently proceeded to

abrogate. In 1817 commenced a period of renunciation during which

successive British Governments appeared only too anxious to absolve

themselves from all further colonial responsibilities. Not only by

neglect, but by direct Act and Ordinance did they repudiate the claim

to New Zealand which their predecessors had been laboriously building

up through all these years. These Acts of repudiation were

specifically enumerated by Lord John Russell in the memorandum which

he prepared for Lord Palmerston in reply to the protest of the New

Zealand Company against the views on sovereignty adopted by Lord

Normanby in his instructions to Captain Hobson, and it was the known

abrogation in these statutes of whatever claim Britain may have had to

New Zealand that led to the Declaration of Maori Independence in 1835.

It cannot be said that this Declaration of Independence was a serious

bar to Britain's colonising scheme, for under the Confederation of

Chiefs which grew out of it, no Government was founded stable enough

to merit recognition by other established administrations. Indeed its

own members were the first to acknowledge its failure in the face of

the difficulties by which it was confronted. As useless and as

harmless as the "paper pellet" to which it has been compared by the

sarcastic Gipps, it was neither government for the Maori nor a

controlling influence for the Europeans. It was therefore not that

which the Maori had done which created difficulty for the Melbourne

Cabinet when they had seriously to face the question of assuming

responsibility in New Zealand--the obstacles to be overcome had,

curiously enough, been raised by the acts of the British Parliament

itself. This was why, at the critical hour, Britain stood in no better

position towards New Zealand than did any of the other nations; why

she had to run the gauntlet of their competition for sovereignty, and

why more astute statesmanship on the part of France or the United

States might have robbed her of "the fairest flower in all the field."

In bidding for the sovereignty of the country two courses were open to

the British Government--force of arms, or honourable negotiation with

the chiefs. It is not to be doubted that had Britain chosen to invade

the country, she might, by pouring her battalions into it, in course

of time have overcome the tribes by the slaughter of the sword. But

who can estimate at what a cost the country would thus have been

won?--while the crime of it would have been even more awful to

contemplate than the sacrifice of blood and treasure. Happily it can

never be suggested that Lord Melbourne's Ministers had ever

contemplated such a mode of securing sovereignty. Their personal view

was that it must be ceded if it was to be acquired at all, while the

House of Commons had made it abundantly clear that it would accept it

on no other terms.

Here then we have the genesis of the treaty. Discovery gave us no

right of sovereignty. Force of arms was incompatible with the spirit

of the times; possibly beyond the resources of the nation. Negotiation

on the other hand had been made easy by the labours of the

Missionaries, and the repeated expressions of good-will which had

passed between the British Sovereigns and the chiefs. It was the line

of least resistance; a mode agreeable to the national conscience, and

approved by the laws of civilisation. For these all-sufficient reasons

then Captain Hobson was despatched to New Zealand, charged with the

mission of securing for the British Crown the sovereignty of the

country by the "free and intelligent consent of the natives, according

to their established usages."

In proceeding to an analysis of the treaty itself it will not be

necessary to refer to the preamble, which is but an abridged recital

of all that has appeared in the previous chapters of this work. It

asserts no principle, and is remarkable only for the fact that it

reflects in dignified terms the spirit of justice and equity in which

its promoters desired to approach the Maori people.

In the first clause the chiefs both within and without the

Confederation were invited to "cede to Her Majesty Queen Victoria

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."

It has been said that this was a condition which the natives never

did, and could not possibly understand, seeing that they had neither

sovereignty amongst themselves, nor any word in their language to

express the idea of sovereignty. Their tribal system, it is true, was

fatal to the principle of sovereignty in its broadest sense, and until

the formation of the Confederation of Chiefs there was no force

amongst them capable of exercising absolute authority over any great

number of the people, the sovereignty of each chief being limited to

his own tribe. No real sovereignty, however, vested even in the

Confederation. From the first it was impotent as a national

Government, because it lacked the requisite cohesion. Mutual tribal

jealousies still prevailed, making it a Confederation only in name;

and so far as is known it did not pretend to exercise any sort of

dominion over the people after the excitement consequent upon the

advent of Baron de Thierry had subsided. The native mind had therefore

learned nothing of what was meant by sovereignty as we understand it,

from the union of their chiefs. All that they knew of a paramount

authority which it was their duty habitually to obey was the

_mana_[158] of their personal chiefs. That they understood perfectly,

and that conveyed to them all that they required to understand. Each

chief was a sovereign over his own people, and the people were not so

lacking in intelligence as not to perceive that the treaty meant the

passing of this _mana_ from the chief to the Queen. It would, of

course, be radically unsound to pretend that every native who signed

the treaty had perfectly grasped its provisions, and knew with even

moderate certainty what he was retaining and what he was conceding. In

many instances, particularly where the land had already been sold, it

might not be incorrect to say that some of the chiefs did not even

attempt to comprehend it. The red blanket[159] or the juicy plug of

tobacco was an irresistible bait to many who felt they had no longer a

"name," and so far as they were concerned, sovereignty and all else

might fly to the four winds so long as their personal wants and their

love of colour were gratified. The predicament in which those natives

found themselves who afterwards alleged they had signed the treaty

without a full appreciation of its terms and its obligations was

poignantly put by Paora (Paul) Tuahaere, who, speaking at the

Kohimarama Conference[160] in 1860, said the treaty had come "in a

time of ignorance," and upbraided the elder chiefs for being caught

thus unwarily. "Blankets were brought by Mr. Williams. These I call

the bait. The fish did not know there was a hook within. He took the

bait and was caught. When he came to a chief Mr. Williams presented

his hook and drew out a subject for the Queen."

In less figurative, but not less pointed speech, Paora was supported

by Heme Parae, who declared that the only law he heard of in 1840 was

the law of God. "As to what is called the Treaty of Waitangi, I have

heard nothing about it. It is true I received one blanket from Mr.

Williams, but I did not understand what was meant by it. It was given

to me without explanation by Mr. Williams and Reihana."

Twenty-three years after the event, when discussing the mental

attitude of the Maori towards the treaty, the Rev. John Warren, one of

the Wesleyan Missionaries, wrote: "I was present at the great meeting

at Waitangi when the celebrated treaty was signed, and also at a

meeting which took place subsequently on the same subject at Hokianga.

There was a great deal of talk by the natives, principally on the

subject of securing their proprietary right in the land, and their

personal liberty. Everything else they were only too happy to yield to

the Queen, as they said repeatedly, because they knew they could only

be saved from the rule of other nations by sitting under the shadow of

the Queen of England. In my hearing they frequently remarked, "Let us

be one people. We had the Gospel from England, let us have the law

from England." My impression at the time was that the natives

perfectly understood that by signing the treaty they became British

subjects, and though I lived among them more than fifteen years after

that event, and often conversed with them on the subject, I never saw

the slightest reason to change my opinion. The natives were at that

time in mortal fear of the French, and justly thought they had done a

pretty good stroke of business when they had placed the British lion

between themselves and the French eagle. We have heard indignation

expressed at the way in which the natives were, in the treaty,

overreached by the Government, especially in the matter of securing to

the Queen the right of pre-emption in the purchase of their lands.

There is a native proverb which says, with reference to a man of great

keenness and sagacity, 'He was born with his teeth,' and in the matter

of making bargains the New Zealanders may be said to be a people who

were born with their teeth. I believe it is a very long time since it

was possible to overreach the natives much in a bargain. I know that

their particular clause of the treaty was there by their own urgent

request, and that it met with the universal and unqualified

approbation of the chiefs."

In adopting this view Mr. Warren is not singular, for we find that his

impression is confirmed by many equally competent authorities. It

would therefore be an undeserved reflection upon the well-established

intelligence of the Maori race to suppose that these indifferents

constituted any large section of the people, there being amongst them

a wide comprehension of the two great principles embodied in the

treaty--that they were surrendering the magisterial control of the

country to the Queen, and retaining the possession of the land to

themselves.[161] The speeches of its opponents were eloquent of this

fact. This was what Te Kemara meant when he exclaimed, "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."

This surely was what the great Te Heuheu of Taupo meant when,

addressing some natives who had signed the treaty, he said: "You are

all slaves now. Your dignity and power are gone, but mine is not. Just

as there is one man in Europe, King George, so do I stand alone in New

Zealand; the chief over all others; the only free man left. Look at

me, for I do not hide when I say I am Te Heuheu. I rule over you all

just as my ancestor Tonga-Riro, the mountain of snow, stands over all

this land."

The forms by which our sovereignty was exercised were doubtless new

and strange to them, as witness their amazement at the pains the Crown

took to prove a crime against a prisoner who had already confessed his

guilt.[162] In some instances the degree of authority parted with may

also have exceeded their anticipations, for we are told that it came

as a shock to some of the chiefs when they discovered that they were

not free to kill their slaves under the new regime as they had been

under the old. Failure to comprehend such details is understandable in

the peculiarity of the circumstances. Indeed complete clarity of

mental vision could not have been expected, and would not have been

attained in all particulars had civilised men instead of savages been

concerned. The natives, however, understood clearly enough that for

the advantages they hoped to reap from the treaty they were yielding

much of their existing power to the _Pakeha_ Governor, and

whether it was much or little they were the more willing to surrender

it because they realised that the advent of the European had so

altered their social conditions that rule by the old method was no

longer possible.

To these convictions must be added the indispensable persuasions of

the Missionaries, in whose word and advice the Maoris placed implicit

trust; but the thing which proved the determining influence in the

negotiations--more than the inducements offered by the Crown, or the

persuasions of the Missionaries--was that the chiefs had acquired a

clear grip of the primal fact that whatever it took from them, the

treaty left them in secure possession of their lands.

The sovereignty was the shadow, the land was the substance; and since

the shadow was already passing from them by force of circumstances

over which they were powerless to exercise control, they consented to

its surrender with all the less regret. Once having determined upon

this course, and given effect to their determination, there was no

wavering, even though in its early stages the rule of the

_Pakeha_ must have clashed harshly with their ideas of individual

authority. The Maori people were a people capable of delegating their

sovereign rights, and they did so delegate them. The Treaty of

Waitangi therefore became what it professed to be, a yielding of the

supreme political power in the country to the British Crown,[163] and

when the last signature had been put to it, Britain's right to

colonise and govern in New Zealand was incontestable before all the

world.

That is why it has always appeared to the writer that there was at the

time, and has been for many years since, much beating of the air by

the importance given to the so-called race to Akaroa, between the

British sloop _Britomart_ and the French frigate _L'Aube_,

when, soon after the consummation of the treaty, the sovereignty of the

South Island was supposed to be in danger. As this incident is the

leading historical event which seems to challenge the value of the

clause now under review it will be convenient to discuss it here.

Major Bunbury had returned from his southern mission on July 4, and at

midnight of the 10th the French corvette, _L'Aube_, cast anchor

in the Bay of Islands. From the pilot who went out to bring her in,

Captain Lavaud heard that British sovereignty had been proclaimed over

the country by Captain Hobson, and that the Union Jack was flying over

his residence as an evidence of the fact.

This was serious intelligence for the Frenchman, who saw in it a

circumstance that would render discreet a material modification of the

instructions under which he had sailed from France. He had been

commissioned to hoist the French flag at Akaroa, where a colony of his

countrymen was to be established under his protection. These

instructions had been given to him by the French Ministry in ignorance

of the British Government's intentions, and Captain Lavaud now saw

that to carry them out in their strict and literal sense must

inevitably plunge the two countries into a distressful and useless

war. The French Commander thus found himself in a position of great

delicacy, but fortunately he was an officer blessed with a healthy

frankness of spirit, and he lost no time in communicating to Captain

Hobson the real nature of his mission. So soon as he had satisfied

himself by an examination of the treaty and the proclamations that

British sovereignty had been procured in a manner such as could be

approved by other nations, and was effectual in its operation, he

readily agreed to respect the rights thus acquired without committing

himself so far as to formally acknowledge them until he should hear

further from his own Government. At the same time he undertook, upon

the first opportunity, to communicate with his Minister, and he

entertained little doubt that on his representation of the altered

conditions he would be instructed to recognise British sovereignty,

and honour the British flag. It is at least certain that at the

conferences between the two officers, an amicable arrangement was

arrived at by which the French commander was able to preserve the

honour of his own flag, while avoiding the tragedy of a conflict

between their respective countries. There is even colour for the

suggestion that the subsequent despatch of H.M.S. _Britomart_,

followed by _L'Aube_, was only a part of a preconcerted plan, and that

the much-paraded race to Akaroa between the French corvette and the

British sloop was not a serious contest for sovereignty, but merely a

little piece of theatrical play, promoted for the purpose of saving

the Frenchman's face. Certain it is that before he left the Bay of

Islands, Captain Lavaud had realised that it would be impossible to

carry out his instruction at Akaroa without rupturing the national

peace, and he was equally determined that he would not accept the

responsibility of firing the first shot until he had been further

advised from Paris. When this is understood it is all that is

necessary to explain the conciliatory manner in which he met the

British demands at Akaroa, and participated with our officers in the

preservation of order at the southern settlement.

During their stay at the Bay of Islands the officers of _L'Aube_

were entertained with the utmost cordiality by Captain Hobson, who in

conversation with their Commander learned something of the proceedings

of the Nantes-Bordelaise Company, a colonising corporation organised

in France for the purpose of establishing a settlement of their own

countrymen at Banks's Peninsula, and whose vessel, the _Comte de

Paris_, was now within a few days' sail of the coast. In 1838 a

Captain L'Anglois, as master of a French whaler, had visited Banks's

Peninsula, and there, for some articles of European manufacture valued

at £6, together with some agreeable promises, had secured the

signatures of several chiefs to a deed conveying to him an estate of

30,000 acres of the Peninsula's finest land.[164] This document,

composed in French, provided the basis of a negotiation which

L'Anglois arranged between two mercantile firms in Nantes, two in

Bordeaux, and three Parisian gentlemen, by which they agreed to

promote the Nantes-Bordelaise Company whose purpose was to promote a

French colony in New Zealand. Their project received the sanction and

support of Louis Philippe, who undertook to sustain their enterprise

by the presence of one or two ships of war in the South Pacific.

Meanwhile the French King had repeatedly assured the British Foreign

Office that he had no designs towards territorial aggrandisement in

New Zealand. This, in a qualified sense, may have been perfectly true,

because while it had been agreed that the Nantes-Bordelaise Company

was to cede certain lands to the French Crown in consideration of the

protection afforded them, there is every reason to suppose that the

French colonising design did not extend beyond Banks's Peninsula, and

that there never was any serious intention to annex the South Island.

This position was made clear to Captain Hobson by Captain Lavaud, and

if it was not secretly agreed upon as a means of strengthening the

latter's hands in making his representations to his Government, the

sending of the _Britomart_ south with two Magistrates can only have

been a precautionary measure on the part of Hobson, who hoped by this

means to make the assurance of his former act doubly sure. It has long

been a cherished conviction in our history that by his strategetical

move Captain Hobson cleverly outwitted the French. It is more probable

that he was acting in concert with them, and that what has hitherto

passed as a popular historical fact must now be relegated to the realm

of historical fiction. Be that as it may, it is a fact that on the

night of July 30, while _L'Aube_ lay at her anchors, the old and

weather-worn _Britomart_ sailed for Akaroa, carrying with her

Messrs. Robinson and Murphy, who were instructed to open courts at all

the settlements on the Peninsula, where the British flag was also to

be displayed by Captain Stanley. The manner in which that officer, and

those associated with him, executed their mission, is told in the

Commander's Despatch, written while the Britomart was returning to the

Bay of Islands.

HER MAJESTY'S SHIP "BRITOMART,"

_September 17, 1840_.

SIR--I have the honour to inform Your Excellency that I

proceeded in Her Majesty's sloop under my command to the port of

Akaroa, in Banks's Peninsula, where I arrived on August 10, after a

very stormy passage, during which the stern-boat was washed away, and

one of the quarter boats stove. The French frigate _L'Aube_ had

not arrived when I anchored, nor had any French emigrants been

landed. On August 11 I landed, accompanied by Messrs. Murphy and

Robinson, Police Magistrates, and visited the only two parts of the

Bay where there were houses. At both places the flag was hoisted, and

a court, of which notice had been given the day before, was held by

the Magistrates. Having received information that there were three

whaling stations on the Southern side of the Peninsula the exposed

positions of which afforded no anchorage for the _Britomart_, I

sent Messrs. Murphy and Robinson to visit them in a whale boat. At

each station the flag was hoisted and a court held. On August 15 the

French frigate _L'Aube_ arrived, having been four days off the

port. On the 16th the French whaler _Comte de Paris_, having on

board 57 French emigrants, arrived.[165] With the exception of Mr.

Bellegui, from the Jardin des Plantes, who is sent out to look after

the emigrants, and who is a good botanist and mineralogist, the

emigrants are all of the lower order, and include carpenters,

gardeners, stone-masons, labourers, a baker, and a miner, in all 30

men, 11 women, and the rest children. Captain Lavaud, on the arrival

of the French emigrants, assured me on his word of honour that he

would maintain the most strict neutrality between the British

residents and the emigrants, and that should any difference arise

between them he would settle matters impartially. Captain Lavaud also

informed me that as the _Comte de Paris_ had to proceed to sea,

whaling, that he would cause the emigrants to be landed in some

unoccupied part of the Bay, where he pledged himself he would do

nothing that could be considered as hostile to our Government; that

the emigrants would merely build themselves houses for shelter, and

clear away what little land they might require for gardens. Upon

visiting the _Comte de Paris_ I found that she had on board, besides

agricultural tools for the settlers, six long 24-pounders, mounted

on field carriages. I immediately called upon Captain Lavaud to

protest against the guns being landed. Captain Lavaud assured me he

had been much surprised at finding the guns had been sent out in the

_Comte de Paris_, but that he had already given the most positive

orders that they should not be landed. On August 19 the French

emigrants having landed in a sheltered, well-chosen part of the Bay,

where they could not interfere with any one, I handed over to Messrs.

Murphy and Robinson the instructions entrusted to me by Your

Excellency to meet such a contingency. Mr. Robinson, finding that he

could engage three or four Englishmen as constables, and having been

enabled through the kindness of Captain Lavaud to purchase a boat

from a French whaler, decided upon remaining. Captain Lavaud

expressed much satisfaction when I informed him that Mr. Robinson was

to remain, and immediately offered him the use of his cabin and table

as long as _L'Aube_ remained at Akaroa. Mr. Robinson accepted Captain

Lavaud's offer until he could establish himself on shore. On August

27 I sailed from Akaroa for Pigeon Bay, when finding no inhabitants I

merely remained long enough to survey the harbour, which, though

narrow and exposed to the northward, is well sheltered from every

other wind and is much frequented by whalers, who procure great

numbers of pigeons. From Pigeon Bay I went to Port Cooper, where Mr.

Murphy held a Court; several chiefs were present, and seemed to

understand and appreciate Mr. Murphy's proceedings in one or two

cases that came before him. Between Port Cooper and Cloudy Bay I

could hear of no anchorage whatever from the whalers who frequent the

coast. I arrived at Port Nicholson on September 2, embarked Messrs.

Shortland and Stuart, and sailed for the Bay of Islands on September

16.

Much has been said and written concerning this incident, and in the

discussion it has been invested with an importance which it does not

deserve. In no sense can it rightly be elevated into the crisis of a

great international dispute, for the simple and sufficient reason that

no dispute existed. Whatever Captain Hobson may have understood as the

result of his conversation with Captain Lavaud, the amiable manner in

which that officer complied with every request made by Captain

Stanley, together with his conciliatory despatch to his own immediate

Minister in France, indicate that he at least had no views in the

direction of taking forcible possession of any territory in New

Zealand, since British sovereignty over it had been officially

declared. The pleasure he expressed when he learned that the British

Magistrate had determined to remain amongst the settlers; the ready

hospitality he extended to him; his refusal to allow the master of the

_Comte de Paris_ to land the artillery brought in that vessel; and his

promise to do even-handed justice to both English and French should

disputes arise, were not the acts of a man who felt that he had been

forestalled and worsted in a race involving the sacrifice of new

territory and the loss of national prestige.

That Captains Hobson and Lavaud understood each other perfectly is

abundantly clear from the letter which the latter wrote to the former

over twelve months (September 17, 1841) after the events just

narrated. In the month of October 1840 Mr. Robinson, the Magistrate

stationed at Akaroa, had intimated his intention of hoisting the

British flag, against which Captain Lavaud had successfully protested,

as being, in the peculiar circumstances, calculated to inflame the

prejudices of the colonists, and to destroy his influence as a keeper

of the peace between his own people and the whalers. When Governor

Hobson paid his first official visit to Akaroa in September 1841,

Captain Lavaud interviewed him and subsequently wrote to him,

explaining the incident, and asked that his action might be sustained.

During the course of his communication he said:

You have been good enough to promise me that you will give orders to

Mr. Robinson that nothing shall be changed in the already established

position at Akaroa, upon which we were agreed at the Bay of Islands,

until I should receive fresh instructions. I have received nothing

since my arrival in New Zealand, but I learned when you arrived that

the corvette _L'Allier_ was being fitted out at Brest in

February last, to come to relieve me, and would consequently bring

the instructions which I now await with so much impatience. This

vessel must now soon arrive, and any day I ought to see it make its

appearance. From the note of our _chargé d'affaires_ at London,

which you were good enough to send to me, I have no doubt as to the

recognition by the French Government of British sovereignty over

these Islands, and that is all the more reason why I should appeal to

Your Excellency to maintain the position we are in to-day, until the

arrival of the vessel which will take the place of _L'Aube_ in

the protection of the fisheries. My conduct at Akaroa should have

sufficiently proved to the British Government that I have no idea of

opposing the rights of Her Majesty the Queen of Great Britain to the

sovereignty, or in any way impeding it, upon the land. There has been

no act on my part, other than with the idea of maintaining order in

this place, and preventing friction between the two races. It is not

without some trouble and firmness that I have been able, up to the

present, to maintain order and satisfy the colonists. I have told

them that I have taken all the responsibility upon myself until I

receive fresh instructions, and that then I would inform them

definitely as to the position in which they would be placed with

regard to the British Government. If so soon before the time when my

promise should be fulfilled some aggressive action on the part of the

British Government were to take place my honour would be seriously

compromised. The authority which I exercise over my countrymen has,

up to the present, been as advantageous to the interests of Great

Britain as to the colonists, seeing that it has only been used for

the maintenance of order. More than once I have been asked by the

Magistrate appointed by Your Excellency to interfere in a quarrel

between some Englishmen and the police who had been driven back and

beaten by the first named. The corvette which I command, in giving

its protection to the authorities, detained the law-breakers for a

few days, and since it was proved that the war-ship was a protection

for British authority, order has been maintained. Last October,

however, this influence which has been exercised only for good by me,

was on the point of being destroyed, when Mr. Robinson announced that

he was going to hoist the British flag. Upon representations from me

he consented to postpone these proceedings. The following were the

grounds upon which I based my objection: The hoisting of the flag in

the present state of affairs would add nothing to British rights, the

flag having already been hoisted and saluted by the corvette

_Herald_ before my arrival. The proclamations in the name of the

Queen had quite another effect, as also had the acts and presence of

the Magistrate to enforce the British sovereignty. Nothing on my part

could have caused the English authorities to doubt in any way the

purity and sincerity of my intentions, and of the arrangements

between myself and Captain Stanley, to whom I promised that no arms

or projectiles of war should be landed. If the British flag were to

be hoisted at Akaroa so shortly before the day when I shall doubtless

receive orders from my Government to recognise the British

sovereignty, the authority which I exercise over my countrymen would

come to an end. I should be unable to interfere in any manner

whatever on land for the maintenance of peace and order. I should

confine myself to my functions as captain of my ship, and should

regard myself merely as the protector of my nation's subjects in case

of trouble or judicial proceedings, as in the case of all foreign

countries where there is no Consul. From such a state of affairs

serious evils might result, and before long, so you may be assured

from the experience of my fourteen months' sojourn here,

consternation and disgust would take possession of the colonists;

work would not be proceeded with; there would be widespread

drunkenness, and most complete disorder. If on the other hand you may

think fit to order Mr. Robinson to await the arrival of my

instructions, which certainly cannot fail to be in agreement with the

spirit of the note of our _chargé d'affaires_, in London, you will at

the same time prevent the colony being placed in the undesirable

position which I have shown you is possible, and you will give me the

pleasure of according to your flag, the day it is hoisted, the

honours which are due to it, without any disturbance taking place, as

I shall inform the colonists that my Government, having recognised

the Queen's sovereignty, they must, like myself, submit to the orders

I have received.

This letter Captain Hobson acknowledged with becoming courtesy, and

promised that as, under existing circumstances, no question could

arise respecting the sovereign rights of Her British Majesty over

every part of the colony of New Zealand, he would willingly forego the

exhibition of any authority that could have a tendency to weaken

Captain Lavaud's influence over the minds of his countrymen. He would

therefore not display the British flag or publish any proclamation at

Akaroa, unless some pressing and unforeseen event should render such

measures necessary.[166]

Fortunately no such exceptional circumstances did arise before the

formal acknowledgment was made by France, and in the following

November Hobson, when penning his despatch to the Home authorities,

was able to assure them that Captain Lavaud's attitude had been

consistent throughout; that he had frankly disclaimed any national

intentions on the part of his Government, but had vigilantly supported

the claims of the French emigrants as private individuals. As a matter

of fact, since he had satisfied himself as to the validity of Britain's

pretensions, Captain Lavaud had taken up the position that he was in

these waters for no other purpose than to see his countrymen peaceably

settled on the estate of 30,000 acres to which the Nantes-Bordelaise

Company believed they had secured a title by one of those loose

transactions so common in the history of New Zealand. He was

determined to preserve the peace until he should be instructed to make

war.

But had his intentions been other than peaceable, Captain Hobson's

precautions in sending Magistrates to Akaroa could not have made the

British title more secure than it already was. The Treaty of Waitangi

was a compact such as no civilised nation could, or would ignore, and

when Major Bunbury, by virtue of that treaty, hoisted the British flag

at the Cloudy Bay _pa_ on June 17, 1840, he put the sovereignty

in the South Island beyond all question of doubt until it could be

wrested from Britain by force of arms.

The most that can be said for the sudden despatch of the _Britomart_

to Akaroa, and the proceedings of her Captain and his associates

there, is that the presence of British authority on the Peninsula may

have prevented the growth of any false ideas concerning national

interests in the minds of the emigrants, and so obviated possible

friction at a later date. In no sense did it give anew to Britain a

right that had already been ceded to her by the only people who were

capable of ceding it--the natives. That the official mind of France

had no delusions on this point was demonstrated during the discussion

which engaged the Chamber of Deputies after the receipt of Captain

Lavaud's despatch, when M. Guizot, as Foreign Minister, maintained in

the face of the sharpest opposition that the British proclamation read

at Cloudy Bay determined by the highest principles known to nations in

whom the right of sovereignty lay.

It is both interesting and instructive to observe that during this

debate M. Guizot declined to seriously discuss the proclamation issued

by Captain Hobson on May 21, declaring the Queen's sovereignty over

the South Island, "by right of discovery," although the point was

warmly pressed by MM. Billault and Berryer. Captain Hobson had always

favoured this mode of dealing with the South Island, he being under a

grave misapprehension both as to the number and character of the

natives residing there. Before he left England he felt that his

instructions were meagre in this regard, and in seeking more explicit

direction from the Chief Secretary of State he drew the attention of

Lord Normanby to what he regarded as a material distinction between

Britain's position in the two Islands. In August (1839) he wrote to

his Lordship:

The first paragraph (of the original instructions) relates to the

acquisition of the sovereign rights by the Queen over the Islands of

New Zealand. Under this head I perceive that no distinction is made

between the Northern and Southern Islands, although their relations

with this country, and their respective advancement towards

civilisation are essentially different. The Declaration of

Independence of New Zealand was signed by the United chiefs of the

Northern Island only (in fact only of the Northern part of that

Island) and it was to them alone that His late Majesty's letter was

addressed on the presentation of their flag; and neither of these

instruments had any application whatsoever to the Southern Islands.

It may be of vast importance to keep this distinction in view, not as

regards the natives, towards whom the same measure of justice must be

dispensed, however their allegiance may have been obtained, but as it

may apply to British settlers, who claim a title to property in New

Zealand as in a free and independent State. I need not exemplify here

the uses that may hereafter be made of this difference in their

condition; but it is obvious that the power of the Crown may be

exercised with much greater freedom in a country over which it

possesses all the rights that are usually assumed by first discoverers,

than in an adjoining State which has been recognised as free and

independent. In the course of my negotiations, too, my proceedings

may be greatly facilitated by availing myself of this disparity, for

with the wild savages in Southern Islands, it appears scarcely

possible to observe even the form of a treaty, and there I might be

permitted to plant the British flag in virtue of those rights of the

Crown to which I have alluded.

[Illustration: A SECTION OF THE TREATY SIGNATURES.]

To this Lord Normanby replied that Captain Hobson had correctly

interpreted his instructions when he limited his Lordship's remarks

concerning the independence of the New Zealanders to the tribes

inhabiting the Northern Island. His knowledge respecting the Southern

Island was too imperfect to allow of his laying down any definite

course of action to be pursued there. If it were really as Captain

Hobson supposed, uninhabited, or peopled only by a small number of

tribesmen in a savage state, incapable from their ignorance of

entering intelligently into any treaties with the Crown, then the

ceremonial of entering into any such engagements with them would be a

mere illusion and pretence which ought to be avoided, and discovery

might be made the basis of the Crown's claim. Still he had a marked

predilection in favour of a treaty as the only means of affording an

effective protection to the natives; "but," he continued, "in my

inevitable ignorance of the real state of the case I must refer the

decision in the first instance to your own discretion, aided by the

advice you will receive from the Governor of New South Wales."

The frankness with which Lord Normanby admitted his "inevitable

ignorance" of native conditions in the South Island is in striking

contrast to Hobson's confident assurance that they were "wild savages

with whom it was scarcely possible to observe even the form of a

treaty," for at this time his intercourse with the southern tribes was

as limited as that of the Chief Secretary's. Nor was his knowledge of

them any more complete when he issued his proclamation on May 21. He

was then clearly under the impression that the southern tribes were a

people physically, intellectually, and socially much inferior to those

whom he had met in the North; in fact, so much inferior that he did

not believe them capable of understanding the spirit or the letter of

a treaty. Such an opinion could only have been founded upon

information conveyed to him at the Bay of Islands, and that by chiefs

who, glorying in the pride of conquest, were no doubt wont to look

upon their southern enemies as the siftings of the race; as "the

remnant of their meal." It is therefore open to doubt whether Hobson

ever anticipated any great measure of success when he despatched Major

Bunbury to the South, and it is conceivable that the results achieved

by that ambassador were as pleasing to the Lieutenant-Governor as the

information was surprising that the Southern Island and the southern

people had been much misunderstood. The falsity of the impression

under which Captain Hobson acted, together with all that had gone

before, completely undermines the value of his proclamation of May 21,

and M. Guizot was only stating the fact when in answer to his critics

he declared in the Chamber of Deputies that "this method of taking

possession (by right of discovery) has never had any serious

consequences. It could not be regarded as having constituted rights,

and that is so true that the English Government has been the first to

proclaim it."

The second clause of the treaty proved to be the storm centre of the

compact. By those natives who took the trouble to reason out the

purpose and effect of the negotiation it was unanimously approved; by

the land-jobbers it was as unanimously condemned. Guaranteeing as it

did to the tribes the full and complete possession of their lands,

fisheries, and forests, it complied with the one condition that made

the treaty tolerable to them; yet by reserving to the Crown the right,

by pre-emption,[167] to become the medium of purchase between the

natives and the settlers, it provided the contentious point upon which

all who were interested in the acquisition of land concentrated their

attacks. Nor was this opposition shown merely because by a broad sweep

of the pen the speculator's sphere of operations had been materially

limited for the future, but the hostility became the more vehement

because by an equally bold assertion of a great principle of law, the

treaty called under review all that they had done in the past. The

acknowledgment by the British Crown of the native title to all the

land in New Zealand, whether waste or cultivated, was in the opinion

of many a blunder grievous enough; but that the Crown should claim the

right to scrutinise all titles which had been acquired before

sovereignty was declared, was an excess of zeal which they regarded as

nothing short of preposterous.

This feeling of indignation was rampant amongst those who were deeply

implicated in land speculations when the proclamations were issued at

Sydney and the Bay of Islands, declaring null and void all titles

which were not derived from the Crown; and their ideas of British

enterprise were even further outraged when on May 28, 1840, Sir George

Gipps introduced to his Legislative Council, "A Bill[168] to empower

the Governor of New South Wales to appoint Commissioners to examine

and report on claims to grants of land in New Zealand."

In addition to the gigantic pretensions put forward by the New Zealand

Company there were 1200 claimants whose demands upon the soil of the

country varied from a single rood to over 20,000,000 acres. Three of

these exceeded 1,000,000 acres each; three others were claiming

1,500,000 acres between them; three others comprised more than 25,000

acres each, while upwards of thirty persons expected to be placed in

possession of more than 20,000 acres each, the aggregation of alleged

purchases amounting to 45,976,000 acres. "Some of these claimants,"

says one writer, "had nothing more to show for their purchases than an

ornamental scrawl on a deed which was so phrased as to be unintelligible

to the chiefs who signed it." To reduce these wholesale purchases to

some principle regulated by justice was the purpose of the Government;

to let the dead past bury its dead was the fervent wish of all

those who had entrenched themselves behind Maori signatures.

By the following June 25 the provisions of the Bill had been widely

circulated, on which date a spirited protest against its enactment was

received from a number of gentlemen claiming to be landowners in the

new colony. This document, which was presented to the Legislative

Council by Mr. H. H. Macarthur, set out that the petitioners having

perused certain proclamations in the New South Wales Government

_Gazette_ of January 22, as well as the Bill introduced by the

Governor, they submitted that their rights and privileges as subjects

of the Queen and as landowners in New Zealand would be unwarrantably

and unconstitutionally invaded by the provisions of the said measure.

They therefore prayed that they might be heard by the Council in

protest against such unjust legislation.

So reasonable a request was readily acceded to by the members of the

Legislature, and on June 30 Mr. Busby, the former British Resident,

Mr. William Charles Wentworth, Mr. A'Beckett, and Mr. Darvall,

barristers-at-law, were introduced to the Council, and on that and

several subsequent days addressed the members in opposition to the

Bill.

The burden of Mr. Busby's contention in defence of his claim to 50,000

acres, including the site of a township, was that the Bill sought to

legalise confiscation, and that therefore the principles which it was

designed to enact were at variance with and in excess of all that was

sanctioned by the British constitution.[169] No doubt, he said, there

were many claims to land in New Zealand which would not bear

investigation; but contrariwise there were many respectable settlers

on the banks of the rivers and shores of the harbours who would be

deeply injured were the proposed Bill to become law. This injury

would be all the more ruthless because no attempt had been made by the

Government, now become so paternal, to prevent British subjects

acquiring property in New Zealand, as had been done in the case of

those settlers who had come over from Van Dieman's land to originate

the settlement at Port Philip. No sooner did it become known that

these speculators had purchased extensive tracts of country from the

aborigines than a proclamation was issued declaring the illegality of

their proceedings. No such prohibition had, however, been put upon the

acquisition of property in New Zealand, where the settlers, relying

upon certain acts of repudiation by the British Government, had

purchased from the natives in the belief that they were negotiating

with an independent people. Mr. Busby proceeded to review the various

stages of New Zealand's history in order to emphasise the events by

which the independence of the chiefs and people had been repeatedly

acknowledged, and concluded by asking why the chiefs had been induced

under the Treaty of Waitangi to surrender the pre-emptive right of

purchase to the Queen if they had never had the right as an

independent people to dispose of their lands as they pleased?

Mr. Busby was followed by Mr. Wentworth, one of the local Magistrates,

who was claiming 100,000 acres in the North Island, and practically

the whole of the South Island except some 3,000,000 acres which he

magnanimously conceded had been already sold to other purchasers. The

history of Mr. Wentworth's claim, which to say the least, was one of

the most scandalous in the long list of extraordinary transactions

with the natives, is thus told by Sir George Gipps in his despatch to

the Chief Secretary for the Colonies,[170] in which he intimated that

in consequence of the part Mr. Wentworth had played in this flagrant

attempt to flout the Government, he desired to withdraw a recommendation

he had previously made in favour of this gentleman's appointment to

the Legislative Council.

"In the month of February last" (1840), wrote Sir George, "seven[171]

chiefs from the Middle Island of New Zealand happening to be in

Sydney, it was suggested to me by the persons who had brought them

here, and under whose protection they were living, that they should

be invited to sign a declaration of willingness to receive Her

Majesty as their sovereign, similar in effect to the declaration

which Captain Hobson was then engaged in obtaining from the chiefs of

the Northern Island. The chiefs in question were accordingly brought

to the Government house, and, through the medium of an interpreter,

the nature of the document they were required to sign was fully

explained to them in the presence of myself, the Colonial Secretary,

and several persons who claimed to have purchased land in the Middle

Island; and amongst other things it was expressly declared to them

that only such purchases of land as should be approved by Her Majesty

would ultimately be confirmed. At the conclusion of this conference a

present of ten sovereigns was made to each of the chiefs, and they

all promised to attend on the next day but one to sign the paper

which was to be prepared for them. On the day appointed, however,

none of them appeared; and in reply to a message that was sent to

them, a short answer was received by one of the Englishmen, under

whose protection they were, that they had been advised to sign no

treaty which did not contain full security for the possession by the

purchasers of all lands acquired from the natives.

"It subsequently appeared that it was by the advice of Mr. Wentworth

that they adopted this course of proceeding; and Mr. Wentworth, when

before the Council, acknowledged that he had not only given the

advice, but also that he had subsequently and after the issue of my

proclamation, in conjunction with four or five persons, purchased the

whole of the Middle Island (or all the unsold portion of it) from

these very natives, paying them for it £200 in ready money, with a

promise of a like sum as long as they should live.[172]

"Such was the origin of Mr. Wentworth's claim to twenty millions of

acres in the Middle Island," continued Sir George, "and it was the

legality and validity of this transaction that he appeared before the

Council to defend."

The Treaty of Waitangi; or, how New Zealand became a British Colony · 第 7 / 10 章