CHAPTER XIII

GREAT BRITAIN WINS

We are arrived at a pass when the good ship _Tory_ is hurrying

southwards, bearing to the goal of all their hopes the preliminary

expedition of the New Zealand Land Company. On the track of the _Tory_

follows in dignified pursuit Her Majesty's ship _Druid_, proud of her

distinguished burden, the first Lieutenant-Governor of the Colony

that is soon to be. The air is filled with rumours of the impending

formation of a colony by France; and, indeed, a French ship presently

flies in the wake of the _Tory_ and the _Druid_, bound, they say, for

Akaroa in the Middle Island, where many thousands of goodly acres are

already in one Frenchman's hands. New Zealand herself, precious object

of the desire of so many, sits upon her sea-girt throne and lifts

anxious eyes to the scales of Fate, watching the quivering balance. One

arm must soon descend, weighted with her destiny. Which?

Fortunately for New Zealand, Britain had a fair start of France in

the race for possession. Unfortunately for many colonists, then

and to be, the New Zealand Company ran well ahead of the British

Government in the race for the acquisition of land. Most fortunately

for all concerned, Her Majesty's representatives were men not afraid

to undo the tangle caused by the early dealings in land. They were men

determined to adjust upon an equitable basis all land transactions

between the white population and the brown. They were men who insisted

that the Maori, ignorant at first of the value of that with which

they parted so lightly, should not be driven from their ancestral

possessions for the price of a few old muskets, a handful of red

sealing-wax, or even an orchestra of Jew's-harps and tin bugles.

It would be improper to refer otherwise than delicately to a past so

recent. Something must be said, but not without consideration for the

feelings of others. Moreover, the subject of the proceedings of the New

Zealand Land Company is so difficult and involved, that, save in the

briefest manner, it does not fall to be dealt with in a history of this

nature.

While the _Tory_ was ploughing through girdling oceans north and south,

the Directors of the New Zealand Company were doing all they could to

attract a good class of emigrants. They described in glowing terms the

situation, scenery, and climate of the country, eulogised their system

of colonisation, and offered, by lottery, land at popular prices, which

included the passage out of the emigrant and his household.

Fifty thousand acres in the North Island were at first offered by the

Company for purchase, and over eleven hundred emigrants--purchasers,

labourers, and their families--sailed within six months for New

Zealand, full of hope in the future.

The startling feature of the story is that the Company had no title to

land in New Zealand, nor any right to sell it. The significant lines

did not occur to them, "The man that once did sell the lion's skin

while the beast lived, was killed with hunting him."

After a voyage of four months, the _Tory_ dropped anchor in Port

Nicholson on the 20th of September, 1839. The shores of Cook Strait

had been for many a year the scene of fighting among the Maori and, as

first one and then another tribe came uppermost in the struggle, the

question of the actual ownership of the land became decidedly matter

for argument. It will be remembered that, by Maori law, conquest of

land constituted ownership. True; but if the conquerors of to-day were

likely to be turned out to-morrow by the recently vanquished, or by

another set of combatants, it does not need much demonstration to show

that intending purchasers would require to be very careful as to the

soundness of their own right and title, or entirely careless of any law

but that of possession.

The Company's agent stayed not to inquire as to Maori disputes

regarding land. He ascertained through an interpreter the names of

this cape, that river, those islands, and yonder mountain, and asked

the chiefs Epuni and Wharepori of the Ngati-Awa, who had come aboard,

whether they would sell the entire landscape.

"Yes," answered the chiefs, who had little better title to the land

than had the Company who had sold it before buying it. And so, for

a collection of articles which included blankets, guns of various

sorts, axes, spades, and fish-hooks--not to speak of Jew's-harps,

soap, trousers, pencils, sealing-wax and cartridge-paper, the Company

acquired (justly, perhaps, in their opinion) a territory about the size

of Ireland, embracing both the east and west coasts of New Zealand.

This astonishing bargain, begun on the deck of the _Tory_, took some

months to complete, and by that time the agent had taken formal

possession of the fine bay known as Port Nicholson--Poneki in the Maori

tongue--and planned out the settlement of Britannia at the entrance

to the charming valley of the Eritonga, better known now--if not so

musically named--as the Hutt river.

Fast in the wake of the _Tory_ followed the _Aurora_ with the first

instalment of immigrants, whose feelings may be imagined, when they

realised that nobody could give or sell to them the right and title

to the lands they desired to call their own. They learned this much

in March 1840 from the Maori themselves, when, owing to its faulty

position, the settlement on the Hutt was abandoned, and the town of

Wellington founded upon the flats of Thorndon and Te Aro, which lay in

a more sheltered bay of the great basin of Port Nicholson.

Other emigrants from England and elsewhere soon arrived; the first

steamer puffed and churned its way into the harbour; and the astounded

Maori demanded anxiously whether "all the tribes had left England and

come to settle among them?" They were not disinclined to welcome the

settlers; but Puakawa and other chiefs strongly objected to part with

their lands, which they averred had been sold by people who had no

right to dispose of them.

This was sad hearing; but, if a Company choose to "buy" twenty million

acres from some fifty people whose right to sell them is hotly

disputed, it is to be expected that the ten thousand or so who claim

ownership of those acres will have something to say on the subject.

Mercifully for the settlers, the Maori near Wellington had no objection

to their lands being occupied, but merely wished to make it clear that

they had not been sold outright. So the settlers became aware before

long that the Company's purchases were not good, and that, if they, the

immigrants, bought land of the Company, their own title to it would

be equally not good, and would in the natural course of events become

liable to investigation.

But why this concern about right and title? On the one hand are white

men desirous of acquiring land, and, on the other, coloured men who

have felt the touch of civilisation without having been greatly

influenced thereby, and who, while undeniably owning the land, use

but little of it. Why bother about their rights? Why not oppose to

the protests of the brown man the impudence of the white man, whose

argument has too often been, "What I desire I take, and what I have I

hold"?

Because--and it is with keen pleasure that one can write this

truth--the story of colonisation in New Zealand is honourably

distinguished from that in some other portions of the globe, by the

righteous attitude of most of the early settlers towards the native

population in possession, and by the fact that the rights of the

original owners of the soil were clearly recognised, and forcibly

insisted upon by those in power. And the same principle is at work

to-day.

True, there were many who shamelessly swindled the Maori out of their

land; but with a number of these the Crown eventually dealt very

effectually. True, also, there were not wanting those who--as ever in

a new country--advocated lead and steel as the best means of combating

objections to land transfer, and, incidentally, of "civilising" the

Maori. But of such there were too few thoroughly to leaven the lump,

and the general attitude of the white men was one of honest desire to

deal justly with the brown. Serious differences arose, but the guiding

principle was there and, despite wars and contentions, there was never

abroad that spirit of hatred which has marked some contests between the

white and the coloured races. Pakeha and Maori as a rule fought out

their quarrel fairly, with the result that they now live at peace, the

white men respecting and caring for the needs of the brown, the brown

men content to recognise the superiority of the white, and taking an

intelligent share with them in the ruling of their ancient heritage.

The Maori have been represented for many years in the Parliament of

New Zealand by men of their own race; men, too, directly descended

from powerful chiefs who strenuously opposed the Pakeha's rule. The

newspapers announced a few months ago[58] that a full-blooded Red

Indian had for the first time in the history of the United States taken

his seat in Congress. Comment is needless.

Whatever their title, the Company's settlers remained where they were

for the present, and for the better ordering of matters in which all

were concerned, quickly formed a "Provisional Government," with the

energetic and sunny-tempered Colonel Wakefield as its first president.

So, leaving the Company's settlers in Wellington to argue questions of

title with their keen-witted opponents, let us follow the fortunes of

Lieutenant-Governor Hobson from the time of his arrival in Sydney.

Having paid his respects to his chief, Sir George Gipps, Governor of

New South Wales, Captain Hobson sailed for the Bay of Islands, where he

arrived on the 29th of January, 1840. He immediately exhibited three

documents, which gave the settlers plenty to think about.

The first was his commission as Lieutenant-Governor over _whatever

parts of New Zealand might be thereafter added to Queen Victoria's

dominions_; the second asserted Her Majesty's authority over all

her subjects then resident in New Zealand; the third--note it

well--proclaimed that the Queen would acknowledge no titles to land

other than those derived from Crown grants, that to purchase land from

the natives would after that date be illegal, and that a Commission

would investigate all land purchases already made.

While Lieutenant-Governor Hobson was familiarising the Kororarekans

with this last intimation, the agent of the New Zealand Company at

Wellington continued to acquire land from the Maori, irrespective of

native right and title; while immigrants as eagerly besieged genial

Colonel Wakefield for town lots and country lands, careless of _his_

right and title and, apparently, of their own insecure tenure.

So, with Captain Hobson proclaiming himself Governor over territory

yet to be acquired; with the Company selling, and the immigrants

buying, land to which neither had a proper title, the materials for the

production of a very difficult and unpleasant situation were apparent

even to inexperienced eyes.

They were so apparent to Captain Hobson, that he took with creditable

promptitude two decided steps. First, he convened at Waitangi--the

lovely "Weeping Water" in the Bay of Islands--a meeting of powerful

hereditary chiefs, to whom he proposed an agreement, historically known

as the Treaty of Waitangi.

The chiefs of the United Tribes of New Zealand by this treaty ceded

to Queen Victoria the sovereignty of their territories, and agreed

to sell lands to no other purchaser than the Crown. Queen Victoria,

in consideration of this cession of sovereignty, agreed to extend

her royal protection to the Maori, and to confer upon them all the

privileges of British subjects.

[Illustration: Signing the Treaty of Waitangi]

This important treaty was not carried through off-hand. Shrewd chiefs

opposed it, though the greater number present argued in its favour,

among them Hongi's veteran lieutenant, Tomati Waka Nene (Thomas

Walker), afterwards our strong ally. No conclusion was come to until

next day, when forty-six prominent chiefs signed the treaty in presence

of a great following.

Forty-six being a small proportion of the number of chiefs of rank in

the North Island, Governor Hobson circulated the treaty by the hands of

trusted agents. The first signatures were appended early in February,

1840, and over five hundred chiefs had signed before the end of June,

very few of them accepting the presents offered by the agents, lest it

should be considered that they had been bribed into taking so important

a step.

Thus encouraged, the Governor executed the great measure which caution

had bidden him postpone, and on the 21st of May, 1840, proclaimed Queen

Victoria's sovereignty over the Islands of New Zealand. To make matters

sure, sovereignty over the Middle Island was separately proclaimed on

the 17th of June.

Governor Hobson now took his second step. The proclamation of the

sole right of the Crown to purchase land from the natives plainly

gave him control of the acquisitions of the New Zealand Company; the

proclamation of the Queen's sovereignty over the Islands justified him

in repudiating the Provisional Government formed at Wellington. Of the

latter he made short work, sending Mr. Shortland, R.N., the Colonial

Secretary, and a company of soldiers to haul down the Company's flag

and replace it by the standard of Britain. The act was natural and

inevitable; but it made the Company and their representative very

bitter against Captain Hobson.

The declaration of sovereignty over the Middle Island came none too

soon; for the French emigrant ship _Comte de Paris_, convoyed by the

frigate _L'Aube_, arrived less than two months later at Akaroa, and

fifty-seven immigrants disembarked. The British flag had been hoisted

forty-eight hours earlier by Captain Stanley, R.N., and when, in face

of this, the French frigate landed six field-pieces, the captain

of H.M.S. _Britomart_ thought it time to protest. He protested so

effectually, that the French commander acknowledged his immigrants to

be settlers in a British Colony, reshipped his twenty-four pounders,

and the incident closed.

Thus New Zealand, after long delays, became a British Colony, with

her status established not only before her own motherland, but in

the eyes of Europe as well. It remained for her to shake off the

partial allegiance she owed to New South Wales, and then, with all the

confidence of youth and sturdy independence, go proudly down the path

of the future to the high destiny which awaited her.

FOOTNOTES:

[Footnote 58: Autumn, 1907.]

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