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diff --git a/41800-8.txt b/41800-8.txt deleted file mode 100644 index 925778a..0000000 --- a/41800-8.txt +++ /dev/null @@ -1,14912 +0,0 @@ -The Project Gutenberg EBook of The Treaty of Waitangi, by T. Lindsay Buick - -This eBook is for the use of anyone anywhere at no cost and with -almost no restrictions whatsoever. You may copy it, give it away or -re-use it under the terms of the Project Gutenberg License included -with this eBook or online at www.gutenberg.org - - -Title: The Treaty of Waitangi - or how New Zealand became a British Colony - -Author: T. Lindsay Buick - -Release Date: January 7, 2013 [EBook #41800] - -Language: English - -Character set encoding: ISO-8859-1 - -*** START OF THIS PROJECT GUTENBERG EBOOK THE TREATY OF WAITANGI *** - - - - -Produced by Chris Pinfield, sp1nd and the Online Distributed -Proofreading Team at http://www.pgdp.net (This file was -produced from images generously made available by The -Internet Archive) - - - - - -Transcriber's Note: - -Italics are indicated by _underscores_, and bold font by =equal signs=, -while small capitals have been converted to full capitals. - -In the text a macron, denoting a long vowel, has been placed over the -first "e" of Tamati Waaka Nene, the prominent Maori chief. It has been -removed from this version. Tamati Waaka Nene was also the recipient of -a letter that was inserted into the book after it had been printed. -This has been shifted to the end of the Appendix. In the letter "mu?u" -has been transcribed as "mutu". - -The text contains quotations from instructions to Captain Hobson in 1839. -After consulting alternative versions of these documents, the following -corrections have been made to clarify their sense: - --chapter I: "repair. By the nearness" changed to "repair. But the - nearness"; --chapter III: "disappeared, or often as" changed to "disappeared, as - often as". - -One "oe" ligature has been removed. The crucifix symbol used in -chapter V, and explained in footnote 155, has been represented by a -"+". - -Apparent typographical errors have been corrected. Inconsistencies in -hyphenation have been removed except where they reflect quotations -from other documents. - - - - -THE TREATY OF WAITANGI - - -[Illustration: THE COMMEMORATIVE MONUMENT. - -"The symbol on which have been engraved the articles of the treaty, so -that eyes may look thereon from year to year." - -_Frontispiece._] - - - - - THE TREATY OF WAITANGI - OR - HOW NEW ZEALAND BECAME A BRITISH COLONY - - - BY - T. LINDSAY BUICK - AUTHOR OF "OLD MARLBOROUGH," "OLD MANAWATU," "AN OLD NEW ZEALANDER" - - - WELLINGTON N.Z. - S. & W. MACKAY LAMBTON QUAY - 1914 - - - - - Dedication - TO - ROBERT M'NAB - M.A., LL.B., F.R.G.S. - - TO WHOSE ENTERPRISE AND SELF-SACRIFICE WE OWE THE RECOVERY OF SO MUCH - OF OUR FAST RECEDING HISTORY I RESPECTFULLY DEDICATE THIS BOOK - - - - -PREFACE - - -The arrival in New Zealand waters of the battleship given to the -Empire by this Dominion during a grave national crisis, marks a new -epoch in the life of our country, and an event so pregnant with the -spirit of Imperialism seems to the author to provide an appropriate -point at which to pause and retrospectively review the causes which -have made possible such an innovation in our naval policy--such a -milestone in our national history. The story of New Zealand's progress -since 1814 has been one of splendid emulation tempered by vicissitude. -There have been dark days, days of doubt, of devastation by war, but -never a period when our people lost heart or renounced their national -faith. No attempt has been here made to tell the whole of that story. -All that I have tried to do is to get back to the beginning of things, -to the birth of law and order, to the genesis of the day when we were -able to say to the Mother Land, "We will build you a Dreadnought, and -yet another if needs must." The Treaty of Waitangi has been frequently -derided and denounced, but it was in very truth the foundation of our -nationhood. When we consider what Britain would have lost in material -wealth, in loyalty, in strategetical advantage; when we reflect what -it would have cost to have conquered the country by force of arms, -then it is that we can see in clearer perspective the wisdom of Lord -Normanby's policy, the breadth of his statesmanship, and we are the -better able to appreciate the triumph in diplomacy which that treaty -represents. - -Unfortunately the lapse of seventy-three years has robbed us of all -who were actively concerned in its consummation, and equally -unfortunately they have left few records behind them. There are -grey-headed men and aged women alive to-day who were children at the -time, but so far as I know there is only one with us now who was -actually present at the signing of the treaty. Old Rahira te Hua, the -daughter of one of the great Hongi's slaves, who has seen ninety-three -summers pass, still carries in her weakening memory some misty -recollections of that day fraught with such far-reaching consequences -to both races. The opportunity for obtaining personal testimony of -what happened is thus irretrievably gone. I have, therefore, had to -rely for my information almost entirely upon official documents, -supplemented by such fugitive memoranda as may have been left by the -few concerned, who happen to have placed their opinions or impressions -on record. The gathering together of this widely-scattered material, -the moulding of it into a connected narrative, has had its pleasurable -as well as its anxious moments, for the subject has not been without -its perplexities, ambiguities, and contradictions. All of these I have -sought to sift with justice and treat with perfect impartiality. Where -I have met with conflicting statements it has been my endeavour to so -present the position that the reader will be able to form his own -conclusions, and where I have expressed my personal opinions they have -only been such opinions as appeared to me to be justified by the facts -of the case. Whatever impression the reading of this narrative may -leave with those who peruse it, I for one cannot lay down my pen from -its writing without affirming that two things appear to me to be -established--that Britain has no reason to be ashamed of the manner in -which she obtained the sovereignty of New Zealand, and in the light of -subsequent events she has no reason to regret it. I have not attempted -to arraign or to defend the various, real or alleged, breaches of the -treaty committed by our Governors or Governments. That phase of the -subject is necessarily so controversial in character, that to do it -justice would require a volume of its own, the need for which has to -some extent been obviated by the publication in 1888 of his -_Aureretanga_, by Mr. G. W. Rusden, in which that vigorous writer -deals exhaustively with at least the Maori side of the case. The -Treaty of Waitangi, the first diplomatic arrangement of the kind -entered into between Britain and a savage race, was a wise, politic, -and humane measure, the justice of which has been vindicated with the -lapse of time. In the expressive language of a native address to Lord -Ranfurly, "This treaty has been rained upon by the rain, it has been -exposed to the blast of the storm, but the words are still clear, they -cannot be obliterated." - -Let us hope that no attempt will ever be made to violate either its -letter or its spirit. - -THE AUTHOR. - - "ENNISMORE," - BOULCOTT STREET, WELLINGTON, - _April 30, 1913_. - - - - -NOTE OF ACKNOWLEDGMENT - - -During the compilation of this work I have necessarily been placed -under obligations to a number of gentlemen, whose services I now -desire to acknowledge. - -I am especially indebted to Mr. Charles Wilson, Librarian to the New -Zealand Parliament, for the privilege of freely examining the rare -official papers I desired to consult. In like manner the courtesy of -Mr. A. Hamilton, Director of the Dominion Museum, must be acknowledged -in placing at my disposal the New Zealand books in the Carter -Collection, while the Hon. J. T. Paul, M.L.C., has been most helpful -in consulting for me authorities contained in the Hocken Collection at -Dunedin. To Mr. Robert M'Nab I am obliged for the extract from Captain -Lavaud's Despatch to the French Minister of Marine, now made public -for the first time, and to Te Heuheu Tukino, the present representative -of that family, for the narrative of his illustrious grandfather's -rejection of the treaty. Valuable assistance has also been lent by the -Hon. Dr. Pomare, M.P., by Messrs. H. M. Stowell, L. M. Grace, and -Elsdon Best, in solving Maori problems of a technical nature, and to -the Rev. T. G. Hammond I am indebted for favours of a more general -character. For permission to use the portrait of Tamati Waaka Nene -I have to thank Mr. H. E. Partridge, of Auckland, and especially Mr. -A. M'Donald for his generous assistance in preparing the balance of -the illustrations. - -The written authorities consulted will be found in the Appendix. - - - - -CONTENTS - - - CHAPTER I - PAGE - - IN THE BEGINNING 1 - - - CHAPTER II - - SEEKING A WAY 36 - - - CHAPTER III - - FINDING A WAY 60 - - - CHAPTER IV - - THE MAORI MAGNA CHARTA 87 - - - CHAPTER V - - IN SEARCH OF SIGNATURES 135 - - - CHAPTER VI - - THE TREATY 214 - - APPENDIX 297 - - BIBLIOGRAPHY 345 - - - - -ILLUSTRATIONS - - - FACE PAGE - - The Commemorative Monument _Frontispiece_ - - Town of Russell 12 - - James Busby 26 - - Lord Normanby 48 - - Captain Hobson, R.N. 64 - - The Mission Church at Kororareka 70 - - Mr. Busby's Residence 98 - - The Waitangi Falls 108 - - Tamati Waaka Nene 118 - - Rev. Henry Williams, C.M.S. 154 - - Major Bunbury, K.T.S. 172 - - Horahora-Kakahu Island 198 - - A Section of the Treaty Signatures 238 - - Captain Hobson's Signatures to the Treaty 258 - - Earl Derby 282 - - Map of the Bay of Islands _On page_ 347 - - Map of Cloudy Bay " 348 - - - - -CHAPTER I - -IN THE BEGINNING - - -"The Islands of New Zealand have long been resorted to by British -Subjects on account of the valuable articles of commerce which they -produce, and by reason of the peculiar advantages which they offer to -whale-ships requiring repair. But the nearness of these Islands to the -British settlements of New South Wales and Van Dieman's Land has also -led to their being resorted to as an asylum for fugitive British -convicts, and such persons having associated with men left in New -Zealand by whale-ships and other vessels, have formed a Society which -indispensably requires the check of some contending authority. Her -Majesty's Government have therefore deemed it expedient to station at -New Zealand an officer, with the character and powers of a British -Consul, and I have the satisfaction to acquaint you that the Queen has -been graciously pleased to select you for that appointment." So wrote -Viscount Palmerston, Foreign Secretary in Lord Melbourne's Cabinet, on -August 13, 1839, to Captain William Hobson, R.N., and this letter may -be taken as the first satisfactory evidence we have that the British -Government had at last decided to accept their long-evaded -responsibility in connection with New Zealand. Ever since the day when -Captain Cook took possession of the country in the name and for the -use of King George III., these islands had been allowed by succeeding -British Governments to remain a neglected geographical quantity, and -this very neglect had now robbed the nation of the title which Cook -had by his splendid enterprise secured for it. - -The Law of Nations has well defined the principle that before a -country becomes entitled to claim sovereignty in any part of the globe -"by right of discovery" it is not sufficient that the mariners of that -country should sail forth and discover new lands; but there must be -some effective act immediately following, such as systematic -occupation, in order to bind other peoples to respect the discovering -nation's claim. - -During the latter part of the century which had elapsed between the -time of Cook's proclamation to the world and the day when the -Melbourne Cabinet decided that Britain must assume in earnest her -responsibilities in the South Pacific there had not only been no -systematic occupation of New Zealand by Britain, but rather a -systematic renunciation of the nation's intention in that direction. -The Duke of Wellington had petulantly declared that England had -colonies enough, and Minister after Minister who had presided over the -Colonial Office had in deeds, if not in words, endorsed this policy of -anti-Imperialism. There were at this time none amongst the British -statesmen blessed with that broader grasp, that wider vision of an -Empire "extending over every sea, swaying many diverse races, and -combining many diverse forms of religion," which afterwards animated -the colonial policy of Lord John Russell.[1] The courage and capacity -which that planter of Imperial outposts declared were necessary to -build such an Empire--to effect such a wholesome blending of -peoples--were wanting, and there was even an imminent danger that in -this negatory attitude towards colonising other Powers would come to -regard Britain not as an equal, nor with the fear that an equal can -inspire, but as a timorous weakling, a nation destitute of enterprise, -the product of a waning courage and of a pusillanimous hand. - -Thus it came about that when in 1839 the Ministry of Lord Melbourne -found themselves coerced by circumstances into recognising the need -for systematic colonisation, they discovered themselves destitute of -what most people believed they possessed--a title to sovereignty in -New Zealand "by right of discovery." - -The spirit of the British nation had not, however, been as idle as the -British statesman, and inherent enterprise, combined with an inherent -love of adventure, had sown and matured the seed which continuous -Ministries had persistently declined to nourish. The elements which -had contributed to the irregular settlement of New Zealand were -faithfully recorded in Lord Palmerston's letter to Captain Hobson, and -a more unpropitious beginning for any colony could scarcely be -imagined. The number of British subjects who, up to 1839, had resorted -to New Zealand for the purposes of legitimate and respectable trade -were comparatively few, but it is estimated that even earlier than -this there were over five hundred escaped convicts living along the -sea coast in and around the Bay of Islands, the point at which -settlement had, up to that time, chiefly congregated. Of those -directly and indirectly concerned in the whaling industry there must -have been a considerable number, for it is officially recorded that in -the year 1836 no less than one hundred and fifty-one vessels had -visited the Bay of Islands alone, and the proportion was even larger -in the first half of the succeeding year. - -The combination of whaler and convict was not one calculated to -strengthen the morality of the community, and so large a leaven of the -lawless class, together with the insatiable desire of the natives to -procure muskets, had the effect of creating a state of society which, -in the words of the Foreign Secretary, "indispensably required the -check of some contending authority." In the absence of any such -authority the more respectable settlers at the Bay of Islands had -organised themselves into a self-constituted Association, into whose -hands was committed the administration of a rude justice, which -recognised a liberal application of tar and feathers as meet -punishment for some of the offences against society. A steadying -influence had also been supplied by the appointment at intervals since -1814 of gentlemen empowered to act as Justices of the Peace, their -authority being derived from a Commission issued by the Governor of -New South Wales, and, if illegal, was on more than one occasion acted -upon with salutary effect.[2] - -Although it has been a popular sport on the part of many writers to -throw darts of sarcasm at the labours of the Missionaries, they, too, -must be accounted a tremendous influence for good, not so much, -perhaps, in checking the licentiousness of the Europeans, as in -preventing the natives from becoming contaminated by it. Destructive -internecine wars had been waging "with fiendish determination" for -many years under the conquering leadership of Hongi, Te Wherowhero, Te -Waharoa and Te Rauparaha, by which whole districts had been -depopulated, and tribe after tribe practically annihilated. Still the -Maori people were a numerous, virile and warlike race, capable of -deeds of blackest barbarism, or equally adaptable to the softening -influences of Christianity and civilisation. - -So far as the darker side of their history is concerned, we have it on -the irreproachable authority of the Rev. Samuel Marsden that the -tragedies in which the natives made war upon the Europeans were in -almost every instance merely acts of retaliation for earlier -outrages.[3] The killing of Marian du Fresne and the massacre on -board the _Boyd_ were unquestionably so; and the dread of the -natives which for several years after these events almost suspended -the sea trade with New Zealand was the natural fruit of that cruelty -which trusting Maori seamen had suffered at the hands of unscrupulous -captains, who had either inveigled them or forced them on board their -whalers. Dark as the history of New Zealand was during these Alsatian -days, there is no chapter quite so dark, or which redounds less to the -credit of the white race, than the story of the sea-going natives who -were taken away from these sunny shores,[4] and abandoned in foreign -countries, or driven at the end of the lash to tasks far beyond their -physical strength, resulting in the premature death of many, while the -poison of undying hatred entered into the souls of the survivors. - -The position on shore was scarcely less disgraceful, for the natives -resident in the seaward _pas_ were cruelly ill-treated by the -crews of the European vessels who visited them; and it is stated in -the records of the Church Missionary Society that within the first two -or three years of the arrival of the Missionaries not less than one -thousand Maoris had been murdered by Europeans, the natives unhappily -not infrequently visiting upon the innocent who came within their -reach revenge for crimes perpetrated by the guilty who had evaded -their vengeance. - -But apart from the commission of actual outrage there was debauchery -of several kinds, and always of a pronounced type. "They lead a most -reckless life, keeping grog shops, selling spirituous liquors to both -Europeans and natives, living with the native females in a most -discreditable way, so that the natives have told me to teach my own -countrymen first before I taught them. They have called us a nation of -drunkards from their seeing a majority of Europeans of that stamp in -New Zealand." Such was the testimony of an erstwhile Missionary, Mr. -John Flatt, when giving evidence before the House of Lords regarding -the northern portion of the colony; and not less unsatisfactory was -the position in the South Island, where the whalers were the -preponderating section of the white population. - -At both Cloudy Bay and Queen Charlotte Sound there was, in 1837, a -considerable white settlement, each man being a law unto himself, -except in so far as he was under the dominion of the head man of the -station. This at least was the opinion formed by Captain Hobson when -visiting those parts in H.M.S. _Rattlesnake_. In describing the -result of his enquiries to Governor Bourke, he dismissed the -probability of these settlements being attacked by the natives, -because they were so confederated by their employment; but he -significantly added: "The only danger they have to apprehend is from -themselves, and that is in a great measure neutralised by the -contending influences of their own reckless and desperate character." - -The Rev. Mr. Stack, then labouring in the north, in writing home to -the parent Society, complained bitterly of the unprincipled white men -who had escaped from the chain gangs at Sydney, and who had recently -shown themselves so desperate that two were seized and taken to Sydney -to be tried at the Assizes on a charge of attempted robbery and -murder.[5] Mr. Stack pleaded for the intervention of the British -Government, which he hoped would not leave the country at the mercy of -the escaped convicts, or the natives to the influence of a commerce -carried on with so many circumstances destructive to the moral health -of the people, that if unchecked, would effectually do the work of -depopulation. "We have no law or justice," wrote Mr. Stack, "no -punishment for crime but private revenge." - -In the beginning of the year 1840 Kororareka, the settlement at the -Bay of Islands which had the greatest right to claim the dignity of a -township, contained about three hundred inhabitants of all ages, -exclusive of the numerous sailors, whose nightly revels constituted the -only interruption to the peace and harmony which generally prevailed. -These gentry resorted in great numbers to the native village at the -inner anchorage, where the principal chief carried on the lucrative -business of grog-selling, besides another of a still more discreditable -kind, for the convenience of his reckless customers--French, English, -and American. "Here," according to Dr. Jameson, "might be seen the -curious spectacle of a still savage chief enriching himself at the -expense of individuals who, although belonging to the most civilised -and powerful nations in the world, were reduced to a lower degree of -barbarism by the influence of their unbridled licentiousness." - -Contact with such social degenerates was not calculated to inspire the -natives with a high ideal of European morality, nor with a conspicuous -example of rectitude; but where the influences destructive of decency -and order were less virulent the Missionaries had a more hopeful tale -to tell. "The door is opening before us in every direction, and the -people are pressing and entreating us to enter. Had we only more help, -where we have now a hundred natives under our care, we would soon have -a thousand." Such was the report of the Rev. Mr. Turner, one of the -Wesleyan Missionaries[6] at Hokianga, in urging his Society to send -more workers to this corner of the human vineyard. The attendance and -attention of the natives at Divine worship were regular and fixed, -while it is recorded that their responses to the reading of the Litany -were particularly devout. - -The sincerity of many of these early converts was one of the most -remarkable features of the evangelising of the Maori; and the Rev. Dr. -Beecham, in giving evidence before the Lords' Committee in 1838, -quoted this eloquent passage from one of the letters of the Rev. Mr. -Hobbs to illustrate the warmth of Maori piety. "The beauty of the -Liturgy, as translated by our brethren at the Bay of Islands into the -Native tongue, is most exquisite, and to me hardly loses any of the -force of original composition, and, I have no doubt, has been made a -great blessing unto many by putting words of prayer into their mouths, -and thus teaching them to pray. Many times has my heart gloried within -me while repeating the 'Te Deum Laudamus,' and especially that part-- - - _Tapu tapu tapu rawa E Ihowa te Atua o nga mano tuauriuri whaioio_, - -that is-- - - Holy, holy, holy, Lord God of Sabaoth, - -and hear them respond-- - - _E kiki ana te Rangi me te whenua i te kahanga o tou kororia_ - - Heaven and Earth are full of the majesty of Thy Glory. - -"I have been informed," continued Dr. Beecham, "by those who have -witnessed the celebration of public worship in the principal church at -Mangungu, that to hear 700 or 800 of the Christian natives correctly -and promptly utter the responses, and then sing the praises of the -True God, is highly affecting. Another feature of their character is -their strict observance of daily social prayer. At dawn of day all the -inhabitants of the villages assemble together in the chapel at the -sound of the bell, or some piece of metal used as a substitute, to -read the scriptures and to pray. The same order is observed in the -evening. When the evening approaches the whole of the population moves -to the house of God, and close the day with devotions. Their reverence -for the Sabbath is remarkable. Those who come from a distance to -attend Divine worship at Mangungu do not travel on the Sunday, but on -the Saturday, and return on the Monday. They refrain from all work on -the Lord's Day. So strict are their views on the sanctity of the -Sabbath they do not even prepare their food on that day. The arrival -of a vessel is always a matter of considerable excitement to the -natives of New Zealand, but if a vessel arrives on the Sunday no stir -is made." - -It would be difficult to find any description quite so touching -concerning the religious observances of the _Pakehas_, whose -irreverence more than once roused the righteous indignation of the -Rev. Mr. Marsden. - -Although the British authorities had as yet taken no decisive step -towards acquiring sovereignty in New Zealand, it cannot be said that -the state of society in the country had entirely escaped their notice. -Especially were the successive Governors of New South Wales vigilant -in keeping Ministers posted as to passing events. Many must have been -their anxious moments, for they being the nearest representatives of -the Crown were naturally most solicitous for the conduct and fate of -their countrymen. As far back as 1814 Governor Macquarie had declared -New Zealand to be a part of that colony, and it was thought that the -jurisdiction of the Supreme Court had also been extended to this -country. These proceedings were, however, almost a nullity, for had -they been formal and constitutional--which they were not--the -practical difficulties in the way of bringing offenders to justice -were so great that the attempt was only made in a few isolated and -extreme instances. - -This state of official negation continued until the tidings of the -part played by Captain Stewart and his brig _Elizabeth_ in Te -Rauparaha's Akaroa raid reached Sydney. Then Governor Darling and his -successor, Sir Richard Bourke, realised that this game of glorified -bluff could not go on indefinitely. The strongest possible -representations were accordingly made to the Home authorities, and -these representations were followed by a pathetic petition from the -natives to King William IV., which was transmitted to Sir Richard -Bourke through Mr. Yate, one of the principal members of the Church -Missionary Society's staff then labouring in the colony. - -The leading chiefs of the northern part of the Islands had long ere -this realised the ineffectiveness of their tribal system to cope with -the altered state of society. The Missionaries on their part watched -with anxiety the unhappy trend of affairs, knowing that if some more -enlightened course was not given to events, a serious collision would -in all probability arise between the two races, which could scarcely -terminate otherwise than in the extermination or expulsion of the one -or the other. - -Being fully persuaded that to maintain the chiefs and their tribes as -an independent people was the most effective safeguard against foreign -aggression, they saw with deepest regret the intestine warfare which -was going on amongst the natives, thinning their ranks, and rendering -them every day less able to resist the pretensions of a foreign power. -Stung by a sense of failure, and excited by a rumour that the French -were at hand, the chiefs placed themselves under Missionary direction -and addressed themselves to the King in the following diplomatic -terms[7]:-- - - - TO KING WILLIAM, THE GRACIOUS CHIEF OF ENGLAND - - KING WILLIAM--We, the chiefs of New Zealand assembled at - this place, called the Kerikeri, write to thee, for we hear that thou - art the great Chief of the other side of the water, since the many - ships which come to our land are from thee. - - We are a people without possessions. We have nothing but timber, - flax, pork and potatoes, we sell these things, however, to your - people, and then we see the property of Europeans. It is only thy - land which is liberal towards us. From thee also come the - Missionaries who teach us to believe on Jehovah God, and on Jesus - Christ His Son. - - We have heard that the tribe of Marian[8] is at hand coming to take - away our land, therefore we pray thee to become our friend and - guardian of these Islands, lest through the teazing of other tribes - should come war to us, and lest strangers should come and take away - our land. And if any of thy people should be troublesome or vicious - towards us (for some persons are living here who have run away from - ships), we pray thee to be angry with them that they may be obedient, - lest the anger of the people of this land fall upon them. - - This letter is from us the chiefs of the natives of New Zealand: - - WARERAHI, chief of Paroa. - REWA, " Waimate. - PATUONE, " Hokianga. - NENE, " Hokianga. - KEKEAO, " Ahuahu. - TITORE, " Kororareka. - TAMARANGA, " Taiamai. - RIPE, " Mapere. - HARA, " Ohaeawai. - ATUAHAERE, " Kaikohe. - MOETARA, " Pakanae. - MATANGI, " Waima. - TAUNUI, " Utakura. - -The accumulating reports of increasing disorder, the strenuous -recommendations of Governor Bourke, added to the touching appeal of -the chiefs, at length moved the Colonial Office to acquiesce in the -contention that some one should be sent to New Zealand directly -charged with the duty of representing the British Crown. In replying -to the Native petition, Lord Goderich,[9] who was then at the Colonial -Office, after expressing the gratification the petition had afforded -the King, accordingly intimated that it had been decided to appoint as -British Resident Mr. James Busby, whose duty it would be to -investigate all complaints which might be made to him. "It will also -be his endeavour," wrote his Lordship, "to prevent the arrival amongst -you of men who have been guilty of crimes in their own country, and -who may effect their escape from the place to which they have been -banished, as likewise to apprehend such persons of this description -who may be found at present at large. In return for the anxious desire -which will be manifested by the British Resident to afford his -protection to the inhabitants of New Zealand, against any acts of -outrage which may be attempted against them by British subjects, it is -confidently expected by His Majesty that on your part you will render -to the British Resident that assistance and support which are -calculated to promote the objects of his appointment, and to extend to -your country all the benefits which it is capable of receiving from -its friendship and alliance with Great Britain." - -Mr. Busby, who had thus been chosen for the responsible task of -guarding both British and Native interests, was the son of a -successful civil engineer in Australia, but it is doubtful whether he -had passed through the administrative experience necessary to fit him -in all respects for his arduous post.[10] His position was rendered -still more difficult by reason of the fact that, much as Ministers -might have wished to do so, it had been found impossible to sweep away -the constitutional difficulties which faced them on every side. Indeed -so hampered was the situation by the circumstance that Britain had not -acquired, or claimed Sovereign rights in New Zealand, that when -Governor Bourke came to direct Mr. Busby upon the scope of his office, -he was compelled to lay greater stress upon the things he could not -do, than upon the powers he was at liberty to exercise. - -[Illustration: RUSSELL. - -Formerly Kororareka.] - -Mr. Busby was instructed to leave Sydney by H.M.S. _Imogene_, -commanded by Captain Blackwood, and on arrival at the Bay of Islands -he was to present to the chiefs the King's reply to their petition, -"with as much formality as circumstances may permit." This instruction -Mr. Busby used his best endeavours to obey, for after a stormy passage -across the Tasman Sea he reached the Bay of Islands on Sunday, May 5, -1833. Here he at once made arrangements with the settlers and -Missionaries to invest his landing with an importance which was its -due; but continued storms made it impossible to perform any kind of -open-air ceremony with comfort and dignity until the 17th. On that -day, however, the weather had moderated, and at an early hour -preparations were afoot for the inevitable feast, a proclivity to -which both Maori and European appear equally addicted. At a later hour -Mr. Busby, accompanied by the first lieutenant of the _Imogene_, -landed under a salute of seven guns, and no sooner had he set foot on -shore than he was claimed by the old chief, Tohitapu, as his -_Pakeha_. A cordial greeting awaited the Resident by the -Missionaries, to whose village at Paihia, but a short distance off, -the party at once adjourned. Here three hoary-headed chiefs delivered -speeches of welcome, a _haka_ was danced, and still more speeches were -made in honour of a stranger whose coming was regarded as the event of -first importance since the landing of Samuel Marsden seventeen years -before. With these evidences of native hospitality at an end, the -formal proceedings were commenced in front of the little mission -chapel round which the people crowded in motley throng, shouting songs -of welcome, and discharging fitful volleys of musketry. By dint of -lively exertion order was at length restored, and standing at a table, -with Captain Blackwood on his right and Mr. Henry Williams, who -interpreted, on his left, Mr. Busby read the King's reply to the -people's Petition for protection. The reading of this document was -listened to with profound respect by the Europeans, who rose and -uncovered their heads, while the natives hung upon the words of Mr. -Williams as he explained the professions of the King's good-will, of -the sincerity of which Mr. Busby was a living evidence. Then followed -Mr. Busby's own address, which was listened to by the wondering crowd -with no less rapt attention: - - MY FRIENDS--You will perceive by the letter which I have - been honoured with the commands of the King of Great Britain to - deliver to you, that it is His Majesty's most anxious wish that the - most friendly feeling should subsist between his subjects and - yourselves, and how much he regrets that you should have cause to - complain of the conduct of any of his subjects. To foster and - maintain this friendly feeling, to prevent as much as possible the - recurrence of those misunderstandings and quarrels which have - unfortunately taken place, and to give a greater assurance of safety - and just dealing both to his own subjects and the people of New - Zealand in their commercial transactions with each other, these are - the purposes for which His Majesty has sent me to reside amongst you, - and I hope and trust that when any opportunities of doing a service - to the people of this country shall arise I shall be able to prove to - you how much it is my own desire to be the friend of those amongst - whom I am come to reside. It is the custom of His Majesty the King of - Great Britain to send one or more of his servants to reside as his - representatives in all those countries in Europe and America with - which he is on terms of friendship, and in sending one of his - servants to reside amongst the chiefs of New Zealand, they ought to - be sensible not only of the advantages which will result to the - people of New Zealand by extending their commercial intercourse with - the people of England, but of the honour the King of a great and - powerful nation like Great Britain has done their country in adopting - it into the number of those countries with which he is in friendship - and alliance. I am, however, commanded to inform you that in every - country to which His Majesty sends his servants to reside as his - representatives, their persons and their families, and all that - belongs to them are considered sacred. Their duty is the cultivation - of peace and friendship and goodwill, and not only the King of Great - Britain, but the whole civilised world would resent any violence - which his representative might suffer in any of the countries to - which they are sent to reside in his name. I have heard that the - chiefs and people of New Zealand have proved the faithful friends of - those who have come among them to do them good, and I therefore trust - myself to their protection and friendship with confidence. All good - Englishmen are desirous that the New Zealanders should be a rich and - happy people, and it is my wish when I shall have erected my house - that all the chiefs will come and visit me and be my friends. We will - then consult together by what means they can make their country a - flourishing country, and their people a rich and wise people like the - people of Great Britain. At one time Great Britain differed but - little from what New Zealand is now. The people had no large houses - nor good clothing nor good food. They painted their bodies and - clothed themselves with the skins of wild beasts; every chief went to - war with his neighbour, and the people perished in the wars of their - chiefs even as the people of New Zealand do now. But after God sent - His Son into the world to teach mankind that all the tribes of the - earth are brethren, and that they ought not to hate and destroy, but - to love and do good to one another, and when the people of England - learned His words of wisdom, they ceased to go to war against each - other, and all the tribes became one people. The peaceful inhabitants - of the country began to build large houses because there was no enemy - to pull them down. They cultivated their land and had abundance of - bread, because no hostile tribe entered into their fields to destroy - the fruit of their labours. They increased the numbers of their - cattle because no one came to drive them away. They also became - industrious and rich, and had all good things they desired. Do you - then, O chiefs and tribes of New Zealand, desire to become like the - people of England? Listen first to the Word of God which He has put - into the hearts of His servants the missionaries to come here and - teach you. Learn that it is the will of God that you should all love - each other as brethren, and when wars shall cease among you then - shall your country flourish. Instead of the roots of the fern you - shall eat bread, because the land shall be tilled without fear, and - its fruits shall be eaten in peace. When there is an abundance of - bread we shall labour to preserve flax and timber and provisions for - the ships which come to trade, and the ships that come to trade will - bring clothing and all other things which you desire. Thus you become - rich, for there are no riches without labour, and men will not labour - unless there is peace, that they may enjoy the fruits of their - labour. - -The Resident's address was received with an outburst of wild applause, -and soon the smoke of discharging muskets again hung heavy on the -morning air. But there was still other diversion for the natives, to -whom the proceedings had proved a great novelty. The mental feast -which was to provide them with food for discussion for many days was -now supplanted by a more material repast, at which fifty settlers were -entertained at Mr. Williams's house, while the Maoris were fed with a -sumptuousness that made memorable to them the coming and the -installation of the first British Resident. - -As an adjunct to his slender authority, Mr. Busby had been informed by -Governor Bourke that Sir John Gore, the Vice-Admiral commanding the -Indian Squadron of the Navy, would be instructed to permit his ships -to call in at New Zealand ports as frequently as possible, and offer -him what support they could during these fitful visits. But upon -neither naval nor civil power was Mr. Busby to rely overmuch. He was -to depend for his authority rather upon his moral influence and his -co-operation with the Missionaries, to whom he went specially -accredited. - -Mr. Busby has frequently been made the butt of the humorist, because -his bark was necessarily worse than his bite. The Maori cynic of his -day chuckled as he dubbed him "_He manuwa pu kore_" ("A -man-of-war without guns"), and many a playful jest has since been made -at his expense, all of which is both unfair and ungenerous to Mr. -Busby. The difficulty in the way of investing him with legal power was -thus tersely explained by Sir Richard Bourke during the course of his -initial instructions to the Resident: - - You are aware that you cannot be clothed with any legal power or - jurisdiction, by virtue of which you might be enabled to arrest - British subjects offending against British or Colonial law in New - Zealand. It was proposed to supply this want of power and to provide - further enforcement of the criminal law as it exists amongst - ourselves, and further to adapt it to the new and peculiar exigencies - of the country to which you are going, by means of a Colonial Act of - Council grafted on a statute of the Imperial Parliament. - Circumstances which I am not at present competent to explain have - prevented the enactment of the Statute in question.[11] You can - therefore rely but little on the force of law, and must lay the - foundation of your measures upon the influence which you shall obtain - over the Native Chiefs. Something, however, may be effected under the - law as it stands at present. By the 9th Geo. IV., cap. 83, sec. A, - the Supreme Courts of N. S. Wales and Van Dieman's Land have power to - enquire of, hear and determine, all offences committed in N.Z. by the - Master and crew of any British ship or vessel, or by any British - subject living there, and persons convicted of such offences may be - punished as if the offence has been committed in England.... If - therefore you should at any time have the means of sending to this - colony any one or more persons capable of lodging an information - before the proper authorities here, of an offence committed in N.Z. - you will, if you think the case of sufficient magnitude and - importance, send a detailed report of the transaction to the Colonial - Secretary by such persons who will be required to depose to the facts - sufficient to support an information upon which a bench Warrant may - be obtained from the Supreme Court for the apprehension of the - offender, and transmitted to you for execution. You will perceive at - once that this process, which is at best a prolix and inconvenient - operation and may incur some considerable expense, will be totally - useless unless you should have some well-founded expectation of - securing the offender upon or after the arrival of the warrant, and - of being able to effect his conveyance here for trial, and that you - have provided the necessary evidence to ensure his conviction. - -Shorn of everything which suggested practical power, except the name -of British Resident, Mr. Busby soon found himself in no very enviable -position. He was ignored by the whites and laughed at by the natives. -To add still further to his difficulties he was slow to recognise that -the Missionaries in the long years of their labour had naturally -acquired more influence with the natives than he could possibly have, -and he was reluctant to achieve his object by appearing to play a -subordinate part to them. He had been explicitly instructed to seek -their hearty co-operation, and take every advantage of the high -respect in which they were held by the natives. It was not long, -however, before he began to develop ideas of his own and to formulate -a policy which he could not enforce, because it was at variance with -that of the Missions. - -He had also been accredited to the thirteen chiefs who had signed the -memorial to the King in the previous year, and had been advised to -seek their assistance in arresting those offenders whom he had power -to transmit to Sydney for trial. The number of such persons whom he -might have apprehended now totalled, we are assured, to several -hundreds; but the process was, as Sir Richard Bourke had suggested, so -obviously "prolix and inconvenient," that Mr. Busby exercised to the -full the measure of discretion given him by the Governor, and left -them severely alone.[12] - -According to Captain Fitzroy, who visited the Bay of Islands during -the cruise of H.M.S. _Beagle_ in 1835, he preferred to fold his -hands and allow events to shape their own course. "He chose to tell -every one who went to him that he had no authority; that he was not -even allowed to act as a Magistrate, and that he could do nothing. The -consequence was that whenever anything did occur, those who were -aggrieved went to the Missionaries. Mr. Busby might have very -considerable power, because the Missionaries have such influence over -the whole body of natives they could support him. If Mr. Busby wanted -a person taken up he had only to express his wish to the Missionaries, -and the natives would have done it for them, but he was slow to act in -that way. He was sent there in a high character, and was accredited to -the Missionaries, and had he communicated with them freely and allowed -them to be cognisant of, if not the agents in all that took place, -while he remained as the head, and the understanding had been that -all that the Missionaries did was done in concert with Mr. Busby, and -all that eventuated was from him as the head, his influence would have -been far too great for any individuals in that part of the Islands to -resist. By dividing the two influences Mr. Busby lost his power of -preventing mischief. He remained on tolerably good terms with them, -but separated himself in an unnecessary degree from them, and thought -he might differ from them sometimes, even to taking a precisely -opposite course of conduct to that which they recommended. The -consequences were that while the natives retained their opinion of the -Missionaries, they found that the Resident was a nonentity, and that -he was there to look on and nothing more." - -As illustrating the class of difference which sometimes arose between -the Resident and the Missionaries, and which must have appreciably -hampered the activities of both, Captain Fitzroy stated to the -Committee of the House of Lords that when he was at the Bay of Islands -in 1835 there was then a serious difference between the real and the -nominal head of the community, with respect to the stopping or -discouraging the sale of ardent spirits. The Missionaries wanted to -carry into effect a regulation similar to one established in the -Society Islands, namely, that no spirits should be imported into the -country. Mr. Busby would not be a party to such a rule, contending -that it was an unnecessary measure; while the Missionaries, on the -other hand, were unanimous in declaring it was one of the most useful -precautions they could take, but no amount of argument could induce -Mr. Busby to co-operate with them.[13] - -Mr. Busby at all times expressed the most profound respect for the -Missionaries and veneration for their labours. He also cheerfully -acknowledged that if the British Government expected them to accord -their influence to its Representative they must be given a specified -share in the government of the country. But when it came to a point of -difference, he plainly let it be known that he considered himself -possessed of a sounder judgment than they. After detailing to Governor -Bourke a discussion in which he claimed to have got the better of the -Missionaries, he wrote: "I thought they would naturally conclude in -future that it was possible for the conclusions of a single mind, when -directed to one object, to be more correct than the collective -opinions of many persons whose minds are altogether engrossed with the -multitude of details which fill up the attention of men, occupied as -they are, leaving neither leisure nor capacity for more enlarged and -comprehensive views." - -Mr. Busby might have said more in fewer words, but he could scarcely -have depreciated the mental powers of the Missionaries in a more -delightfully prolix sentence. Skilfully, however, as the sting was -sheathed within a cloud of words, the barb came through, with the not -unnatural result that he had to confess the Missionaries afterwards -neither respected his opinions nor appeared anxious to co-operate with -him in what he described as "the furtherance of matters connected with -the King's service in this country." - -Though severely handicapped by his inability to coordinate his ideas -with those of the Missionaries, or to sink his individuality before -theirs, it does not follow that Mr. Busby was entirely idle. He lent -himself with considerable industry to the task of placing the -shipping of the country upon a basis more satisfactory than it had up -to that time been. At the date of his arrival there were a number of -New Zealand owned craft trading on our coasts, and several vessels -were building on the Hokianga River. Sailing as these vessels were -under no recognised register, and without the protection of the -British ensign, which they were prohibited from hoisting, they were -liable to seizure at any time by any enterprising pirate.[14] Equally -impossible was it for these owners to register their craft in New -Zealand, for there was as yet no acknowledged flag of the nation. - -These facts were made the subject of representation by Mr. Busby to -the Governor of New South Wales, who accorded a hearty approval to his -suggestion that the commerce of the country warranted some protection -of this nature. Flags of three separate designs were accordingly -entrusted to Captain Lambert of H.M.S. _Alligator_, who brought -them from Sydney and submitted them to the chiefs for approval. - -This event took place at Waitangi, on March 20, 1834, the natives -having been gathered from all the surrounding _pas_ into a large -marquee erected in front of the British Residency, and gaily decorated -with flags from the _Alligator_. Wisely or unwisely the -proceedings were not conducted upon the democratic basis of our -present-day politics; for upon some principle which has not been made -clear the tent was divided by a barrier into two areas, into one of -which only the _rangatiras_ were admitted, and to them the right -of selection was confined. No debate was permitted, but Mr. Busby read -to the chiefs a speech in which he dwelt upon the advantages to be -anticipated from the adoption of a national flag, and then invited -them to take a vote for the choice of design. - -This mode of procedure created considerable dissatisfaction amongst -the plutocracy of the tribes, who resented the doubtful privilege of -being permitted to look on without the consequential right to -exercise their voice. The stifling of discussion also tended to breed -distrust in the minds of some of the chiefs, to whom the settlement of -so important a matter without a _korero_[15] was a suspicious -innovation. Two of the head men declined to record their votes, -believing that under a ceremony conducted in such a manner there must -be concealed some sinister motive. Despite these protests, the British -Resident and Captain Lambert had their way, and at the conclusion of -Mr. Busby's address, the flags were displayed and the electors invited -to vote. The great warrior chief Hongi, acting as poll-clerk, took -down in writing the preference of each chief. Twelve votes were -recorded for the most popular ensign, ten for the next in favour, and -six only for the third. It was then found that the choice of the -majority had fallen upon the flag with a white ground divided by St. -George's Cross, the upper quarter of which was again divided by St. -George's cross, a white star on a blue field appearing in each of the -smaller squares.[16] - -The election over, the rejected flags were close furled, and the -selected ensign flung out to the breeze beside the Union Jack of Old -England. - -In the name of the chiefs Mr. Busby declared the ensign to be the -national flag of New Zealand. As the symbol of the new-born nation was -run up upon the halyards, it was received with a salute of twenty-one -guns from the warship _Alligator_, and by cheers from her -officers and the goodly crowd of sailors, settlers, and Missionaries -who had assembled to participate in the ceremony. - -As is usual with most such functions where Britons are concerned, the -event was celebrated by a feast. The Europeans were regaled at a cold -luncheon at Mr. Busby's house, while the Maoris had pork, potatoes, -and _kororirori_[17] served upon the lawn in front of the Residency, -which delicacies they devoured _sans_ knives _sans_ forks. - -These proceedings subsequently received on behalf of the British -Government the entire approbation of Lord Aberdeen;[18] and the -countenance thus lent to what at the time was regarded as no more than -a protection to the commerce of the country was discovered to have a -most important bearing upon the question of Britain's sovereignty over -these islands. - -Though Mr. Busby found himself destitute of legal power or military -force to make good his authority, and equally lacking in the tact -necessary to secure by policy what he could not achieve by any other -means, he was sincerely and even enthusiastically loyal to the main -principle underlying his office--the preservation of British -interests. Thus when the tidings came that Baron de Thierry intended -to set up his kingdom at Hokianga, he took immediate and, as far as -lay in his power, effective steps to defeat what he regarded as a -wanton piece of French aggression. - -Baron de Thierry was not a Frenchman in the narrow sense of the term, -and his foreign associations were more imaginary than real. He was the -son of a French noble refugee who had fled his country and had resided -in England for many years. The Baron had been educated at Cambridge, -had acquired English sympathies, and had been an officer in the 23rd -Lancers, so that he was in sentiment if not by birth a subject of the -King. When Hongi, the great Nga-Puhi chief, visited Cambridge in -company with his compatriot Waikato and Mr. Kendall, to assist -Professor Lee in the compilation of the Maori vocabulary, the Baron -met the warrior chief, and became fired with the romance of the -Pacific. There was much that was quixotic in his scheme of becoming a -potentate amongst the savages of the South Seas, and it is possible it -was not altogether devoid of benevolence.[19] There is at least reason -to believe that Baron de Thierry had persuaded himself that he also -had a mission for the uplifting of the benighted, and that when he -arranged with Mr. Kendall to purchase him an area of land at Hokianga -whereon he proposed to set up his "kingdom," he did so more in the -spirit of philanthropy than of mercenary adventure. The area alleged -to be purchased by Mr. Kendall on behalf of the Baron was the -considerable one of 40,000 acres, and the price paid was the -inconsiderable one of 36 axes. The transaction was accompanied by the -usual misunderstanding as to the real nature of the deal, the Baron -declaring that the axes were payment in full, the natives contending -they were but a deposit, or at the best payment for a much smaller -area. - -The chiefs treated his "sovereign rights and powers" with undisguised -derision. They disavowed his territorial claims because they were made -regardless of the fundamental principle underlying the Maori law of -property--that all the people who have an interest in the land must -consent to its sale. Subsequently the matter was compromised by Tamati -Waaka Nene conceding him a small area,[20] to which he retired -destitute of retainers, and surrounded only by the members of his own -family. - -The story of the Baron's landing in 1837, with much pomp and -circumstance, under a salute of twenty-one guns, his dispute regarding -Kendall's purchase, his final disappearance into obscurity, are, -however, of secondary importance to our purpose. What is of vital -interest is that the announcement in 1835 of his approaching advent -galvanised the British Resident and the native chiefs into a state of -anxious activity. Living as they were on the confines of civilisation, -their information concerning events outside their own little world was -necessarily of the scantiest. Their fears were thus often greater than -their knowledge of the facts, and so in this emergency they had no -difficulty in persuading themselves that an invasion by the French was -at hand. - -As a counterblast, Mr. Busby counselled that the chiefs should -immediately crystallise the position taken up by Britain--that New -Zealand was not a British possession--by unequivocally declaring their -own independence. His policy was approved, and for the purpose of -giving effect to it, thirty-five chiefs assembled at Mr. Busby's house -at Waitangi, where in the presence of the resident Missionaries and -merchants they evolved the following declaration,[21] which brought -into existence the much-questioned and questionable authority known as -The Confederated Tribes of New Zealand. - -It is not difficult to trace the Roman hand of the Resident throughout -the document, especially as the Maori had no word in their language to -express the idea of sovereignty; but it is only just to remark that in -a subsequent despatch Mr. Busby drew the attention of Governor Bourke -to the fact that the concluding paragraph, both in language and -sentiment, originated with the chiefs: - - - DECLARATION OF INDEPENDENCE OF NEW ZEALAND - - (1) We, the hereditary chiefs and head of the tribes of the Northern - parts of New Zealand, being assembled at "Waitangi" in the Bay of - Islands on this 28th day of October 1835, declare the independence of - our country, which is hereby constituted and declared to be an - independent state, under the designation of the United tribes of New - Zealand. - - (2) All Sovereign powers and authority within the territories of the - United tribes of New Zealand is hereby declared to reside entirely - and exclusively in the hereditary chiefs and heads of the tribes in - their collective capacity, who also declare that they will not permit - any legislative authority separate from themselves in their - collective capacity to exist, nor any function of Government to be - exercised within the said territories unless by persons appointed by - them and acting under the authority of laws regularly enacted by them - in Congress assembled. - - (3) The hereditary chiefs and heads of the tribes agree to meet in - Congress at Waitangi, in the autumn of each year, for the purpose of - framing laws for the dispensation of justice, the preservation of - peace and good order, and the regulation of trade, and they cordially - invite the Southern tribes to lay aside their private animosities, - and to consult the safety and welfare of our common country by - joining the confederation of the United tribes. - - (4) They also agree to send a copy of this declaration to His Majesty - the King of England, to thank him for his acknowledgment of their - flag, and in return for the friendship and protection they have shown - and are prepared to show to such of his subjects as have settled in - their country, or resorted to its shores for the purpose of trade, - they entreat that he will continue to be the parent of their infant - State, and that he will become its protector from all attempts upon - its independence. - - AGREED unanimously on this 28th day of October 1835 in the - presence of His Britannic Majesty's Resident. - - _English Witnesses_: - - HENRY WILLIAMS, Missionary C.M.S. - GEORGE CLARKE, " " - JAMES C. CLENDON, Merchant. - GILBERT MAIR, " - - (Translated by the Missionaries and certified to by James Busby, - British Resident.) - - - NAMES OF CHIEFS SIGNING DECLARATION OF INDEPENDENCE, - - October 28, 1835. - - AWAROA. - HARE HONGI. - HEMI KEPA TUPE. - WARE POAKA. - WAIKATO. - TITORE. - MOKA. - WHARERAHI. - KEWA. - WAI. - REWETI ATUAHAERE. - AWA. - WIREMU TE TI TAUNUI. - TE NANA. - PI. - KAUA. - TAREHA. - KAWITI. - PUMUKA. - KE KEAE. - TE KAMARA. - POMARE. - WIWIA. - TE TAO. - MARUPO. - KOPIU. - WARAU. - NGERE. - MOETARA. - HIAMOE. - PUKUTUTU. - TE PEKA. - HONE WIREMU HEKE. - PAERARA. - ERERA PARE (te kai-tuhituhi). - - - SUBSEQUENT SIGNATURES TO THE DECLARATION OF INDEPENDENCE - - NENE (Tamati Waaka). - HUHU. - PATUONE. - PARORE, June 25, 1837. - TOWA. - PANAKAREAO (Nopera). - KIWI KIWI, Jan. 13, 1836. - TIRARAU, Feb. 9, 1836. - HAMUREA PITA, March 29, 1836. - TAWHAI. - MATE. - KAHA, June 25, 1837. - TE MORENGA, July 12, 1837. - MAHIA. - TAONUI, Jan. 16, 1838. - PAPAHIA, Sept. 24, 1838. - HAPUKU, Sept. 25, 1838. - TE WHEROWHERO, July 22, 1839.[22] - -[Illustration: JAMES BUSBY.] - -A few days prior to this meeting at Waitangi and the proclamation of -their independence by the chiefs, Mr. Busby issued (on October 10, -1835) a stirring appeal to his scattered countrymen, in which he -announced that he had received from "a person who styles himself -Charles Baron de Thierry, Sovereign chief of New Zealand, and King of -Nukuheva, one of the Marquesas Islands, a formal declaration of his -intention to establish in his own person an independent sovereignty in -this country, which intention he states he has declared to their -Majesties the Kings of Great Britain and France, and to the President -of the United States, and that he is now waiting at Otaheite the -arrival of an armed ship from Panama to enable him to proceed to the -Bay of Islands with strength to maintain his assumed authority. His -intention is founded on an alleged invitation given to him in England -by Shunghee (Hongi) and other chiefs, none of whom as individuals had -any right to the sovereignty of the country, and consequently -possessed no authority to convey a right of sovereignty to another; -also upon an alleged purchase made for him in 1822 by a Mr. Kendall of -three districts on the Hokianga River from three chiefs who had only a -partial property in these districts, parts of which are now settled by -British subjects by virtue of purchase from the rightful proprietors. -The British Resident has also seen an elaborate exposition of his -views which this person has addressed to the Missionaries of the -C.M.S., in which he makes the most ample promises to all persons, -whether whites or natives, who will accept his invitation to live -under his Government, and in which he offers a stipulated salary to -each individual in order to induce him to act as his Magistrate. It is -also supposed he may have made similar communications to other persons -or classes of His Majesty's subjects, who are hereby invited to make -such communications, or any information on this subject they may -possess, known to the British Resident or to Lieutenant MacDonnell. -The British Resident has too much confidence in the loyalty and good -sense of his countrymen to think it necessary to caution them against -turning a favourable ear to such insidious promises. He firmly -believes that the paternal protection of the British Government which -has never failed any of His Majesty's subjects, however remote, will -not be withheld from them, should it be necessary to prevent their -lives, liberties, or property from being subjected to the caprice of -any adventurer who may choose to make this country, in which British -subjects have now by the most lawful means acquired so large a stake, -the theatre of his ambitious projects; nor in the British Resident's -opinion will His Majesty, after acknowledging the sovereignty of the -New Zealand chiefs in their collective capacity, by the recognition of -their flag, permit his humble and confiding allies to be deprived of -their independence upon such pretensions. But although the British -Resident is of opinion that such an attempt as is now announced must -ultimately fail, he nevertheless conceives that if such a person were -once allowed to obtain a footing in the country, he might acquire -such an influence over the simple-minded natives as would produce -effects which could not be too much deprecated, or too anxiously -provided against, and he has therefore considered it his duty to -request the British settlers of all classes to use all the influence -they possess with the natives of every rank in order to counteract the -efforts of any emissaries who may have arrived or may arrive amongst -them, and to inspire both chiefs and people with a spirit of the most -determined resistance to the landing of a person on their shores who -comes with the avowed intention of usurping a sovereignty over them. -The British Resident will take immediate steps for calling together -the native chiefs in order to inform them of this attempt upon their -independence, and to advise them of what is due to themselves and to -their country, and of the protection which British subjects are -entitled to at their hands, and he has no doubt that such a -manifestation will be exhibited of the characteristic spirit, courage, -and independence of the New Zealanders, as will stop at the outset -such an attempt upon their liberties, by demonstrating its utter -hopelessness." - -It is somewhat difficult to say, in the absence of contemporary -newspapers, what impression was created in the public mind by the -Resident's proclamation or by the native Declaration of Independence, -but in due course the latter was, in accordance with the unanimous -desire of the chiefs, "laid at the feet of His Majesty," and in the -following year--so tardy was communication in those days--it was -courteously, but guardedly acknowledged by Lord Glenelg, who wrote to -Governor Bourke: - -"With reference to the desire which the chiefs have expressed on this -occasion, to maintain a good understanding with His Majesty's -subjects, it will be proper that they be assured, in His Majesty's -name, that he will not fail to avail himself of every opportunity of -showing his goodwill, and of affording to those chiefs such support -and protection as may be consistent with a due regard to others, and -to the interests of His Majesty's subjects." - -Left to its own devices, the native Confederation was faced with a -task that proved altogether too exacting for its resources, and it -cannot be claimed for the new authority that it remodelled the -Government or reclaimed the dissolute society by which it was -surrounded. Had it been possible to restrict the intercourse of the -natives to the Missionaries and the more respectable portion of the -settlers, they might, combined with the counsels of the Resident, have -been speedily induced to form an effective administration amongst -themselves, and that important stage once reached, they, with their -quick intelligence, might have easily acquired a working knowledge of -the higher principles of self-government. But thrust as they were in -the midst of a strangely confused community, any such limitation was -obviously impossible. - -Even if it had been practicable, the irreconcilable differences which -had sprung up between the Resident and the Missionaries, of which the -natives were perfectly cognisant, necessarily detracted from the -beneficial influence which an official in Mr. Busby's position might, -and ought to have wielded. - -The absence of the physical force which Mr. Busby pined for was -unmistakably against the due observance of the ordinary decencies of -life, for the people whom Captain Fitzroy had described as -"ragamuffins," and Captain Hobson had still more emphatically -condemned as "abandoned ruffians," were scarcely likely to be amenable -to anything more gentle than the grip of the handcuff or the probe of -the bayonet. It was therefore to but little purpose that the -Confederation should pass ordinances which, if not respected, could -not be enforced. - -The difficulties of the Confederation accumulated with the increase of -trade and population, both of which were growing rapidly. In the year -1836 no fewer than 93 British, 54 American, and 3 French ships put in -at the Bay of Islands. The irregular settlement of white people at -various spots along the coast had increased in like manner, until in -the early part of 1838 a body of no less than 2000 British subjects -had taken up their permanent abode in New Zealand. The part these -people were playing in the scheme of civilisation was still small, if -we are to accept as accurate the verdict of Dr. G. R. Jameson, who in -his _Travels in New Zealand_ has taken the responsibility of saying -that from all he had seen and heard respecting the fixed traders, or -the casual visitors for trade, it could be affirmed in the most -positive terms that not one of them had ever attempted to teach a -native to read or write, or to communicate to his mind one ray of -Christian knowledge or of moral rectitude. With a few honourable -exceptions they had been in their intercourse with the natives guided -by one ruling impulse--the love of gain. Their predominant aim was -ever and always to obtain the greatest possible quantity of pigs, -potatoes, flax, maize, labour, or land in exchange for the smallest -possible amount of tobacco, ammunition, and piece-goods.[23] - -It was not alone, however, by the criminal taint of a large section of -the population and this excessive hunger for trade that the seeds of -continued anarchy were sown. A new evil was at hand which threatened -to sap the independence of the Maori, and reduce them to a condition -of speedy and abject poverty. This was the land hunger which about -this time seized the white population of Australia. There the opinion -had gripped the public mind that under the Declaration of Independence -it would be possible to pursue in New Zealand the schemes of land -aggregation which Sir George Gipps had checked in New South Wales. -Under his new land regulations the price of land in that colony had -been raised from 3s. to 12s. per acre, and hearing that large areas -were to be obtained in New Zealand for less than the proverbial song, -the speculators swarmed over to the Bay of Islands, and in the year -1837 the land fever in all its phases of "sharking," "jobbing," and -legitimate purchase literally raged throughout the country. "What gold -was to the Spaniard in Mexico the land at this period became to the -English in these islands, and as the warlike aborigines most coveted -the acquisition of firearms, they divested themselves of their only -possessions in order to obtain those deadly instruments, which, -together with ardent spirits, were the most potent means for the -destruction of their race. Almost every captain of a ship arriving in -Sydney exhibited a piece of paper with a tattooed native head rudely -drawn upon it, which he described as the title-deed of an estate -bought for a few muskets, hatchets, or blankets." - -Several years elapsed before it was possible to reduce these frenzied -bargains to tabulated form, but during the debate on New Zealand -affairs, which occupied the House of Commons for three days in 1845, -the representative for Westminster, the Hon. Captain Rous, R.N., put -forward the following startling figures as authentic. A Mr. Webster, -an American, he said, claimed to have purchased forty miles of -frontage on the west side of the river Piako;[24] a Mr. Painham -claimed nearly the whole of the north coast of the Northern Island. -Mr. Wentworth of New South Wales asserted his right to 20,100,000 -acres in the Middle Island; Catlin & Co. to 7,000,000; Weller & Co. to -3,557,000; Jones & Co. to 1,930,000; Peacock & Co. to 1,450,000; Green -& Co. to 1,377,000; Guard & Co. to 1,200,000, and the New Zealand -Company to 20,000,000. - -Yet another authority has stated that the whole of the South Island -was claimed by a Company consisting of four gentlemen, in consideration -of giving the chiefs a few hundred pounds in money and merchandise, -and a life annuity of £100.[25] Another individual, representing a -commercial firm in Sydney, claimed several hundred thousand acres, -including the township of Auckland, for which he paid as compensation -one keg of gunpowder. The island of Kapiti was claimed by five -different parties, each declaring they had purchased it, but each -naming a different price. Some alleged they had paid £100, others -goods to the value of £30, and so on, the only point of unanimity -being that they were each able to produce something that resembled the -signatures of Te Rauparaha or Te Rangihaeata. - -In much the same way the district round Porirua was claimed by eight -separate parties, each contending that Te Rauparaha had sold to them, -and to them alone. Cooper, Holt & Rhodes of Sydney asserted they had -paid merchandise to the value of £150 for a tract of country between -the Otaki and Waikanae Rivers, running in an easterly direction forty -miles from the mouth of the river, thirty miles in another direction, -and ten miles along the coast. Mr. John Hughes, also of Sydney, -claimed in part all the lands of Porirua for a distance of thirty -miles, bounded by the sea on the one hand, and by the Tararua Range on -the other. - -In the general censure which followed upon the disclosure of these -unseemly proceedings the Missionaries did not escape criticism, and -are still, at times, subject to severest strictures on this question, -as it affects public morals. Unjust as these strictures frequently are -the purchase from Hongi, in 1819, of 13,000 acres at Kirikiri for -forty-eight axes, by the Rev. Samuel Marsden,[26] was one amongst -other transactions which on the face of it seems to leave room for the -gravest enquiry as to its propriety.[27] - -If the Confederation of chiefs had been helpless in the face of social -disorder, it was still more impotent to cope with the inroads of the -speculator. The greed for land on the part of the _Pakeha_, and the -hunger for muskets on that of the Maori, rendered futile all attempts -to control the traffic by an already effete administration. The need -for a wider application of authority and efficient Government at -length found voice in a petition which was submitted to the King by -the law-abiding settlers at Kororareka. The settlers, catechists, and -Missionaries to the number of one hundred and ninety-two, headed by -the Rev. Henry Williams, Chairman of the Church Mission, joined in the -plea for protection. - -During the course of their representations they made it clear that the -attempt to evolve order out of chaos had utterly failed; that the -Confederation of Chiefs was impotent in the face of existing evils; -and, praying that His Majesty would graciously regard the peculiarity -of their position, asked that he would afford them such relief as to -him seemed most expedient. - - - TO THE KING'S MOST EXCELLENT MAJESTY - - SIRE--May it please Your Majesty to allow your faithful and - loyal subjects at present residing in New Zealand to approach the - throne, and crave your condescending attention to their petition - which is called forth by their peculiar situation. - - The present crisis of the threatened usurpation of power over New - Zealand by Baron Charles de Thierry, the particulars of which have - been forwarded to Your Majesty's Government by James Busby, Esquire, - the British Resident, strongly urges us to make known our fears and - apprehensions for ourselves and families, and the people amongst whom - we dwell. - - Your humble Petitioners would advert to the serious evils and - perplexing grievances which surround and await them arising for the - most part, if not entirely from some of Your Majesty's subjects, who - fearlessly commit all kinds of depredations upon other of Your - Majesty's subjects who are peaceably disposed. British property in - vessels, as well as on shore, is exposed without redress to every - imaginable risk and plunder, which may be traced to the want of a - power in the land to check and control evils, and preserve order - amongst Your Majesty's subjects. - - Your Petitioners are aware that it is not the desire of Your Majesty - to extend the colonies of Great Britain, but they would call Your - Majesty's attention to the circumstance of several of Your Majesty's - subjects having resided for more than twenty years past, since which - their numbers have accumulated to more than five hundred, north of - the River Thames alone, many of whom are heads of families. The - frequent arrival of persons from England and the adjacent colonies is - a fruitful source of further augmentation. Your Petitioners would - therefore humbly call Your Majesty's attention to the fact that there - is at present a considerable body of Your Majesty's subjects - established in this Island, and that owing to the salubrity of the - climate there is every reason to anticipate a rapidly rising colony - of British subjects. Should this colony continue to advance, no doubt - means would be devised whereby many of its internal expenses would be - met as in other countries. There are numbers of land-holders, and the - Kouri (Kauri) forests have become, for the most part, the private - property of Your Majesty's subjects. - - Your humble Petitioners would also entreat Your Majesty's attention - to the important circumstance that the Bay of Islands has long been - the resort of ships employed in the South Sea fishery and the - Merchant Service, and is in itself a most noble anchorage for all - classes of vessels, and is further highly important in affording - supplies and refreshment to shipping. There are also several other - harbours and anchorage of material importance to the shipping - interests in situations where British subjects have possessions and - property to a large amount. The number of arrivals of vessels in the - Bay of Islands during the last three years has been considerably on - the increase. At one period thirty-six were at anchor, and in the - course of six months ending June 1836 no less than one hundred and - one vessels visited the Bay. - - Your Petitioners would further state that since the increase of the - European population several evils have been growing upon them. The - crews of vessels have frequently been descryed on shore, to the great - detriment of trade, and numberless robberies have been committed on - shipboard and on shore by a lawless band of Europeans, who have not - even scrupled to use firearms to support them in their depredations. - Your humble Petitioners seriously lament that when complaints have - been made to the British Resident of these acts of outrage, he has - expressed his deep regret that he has not yet been furnished with - authority and power to act, not even the authority of a civil - Magistrate to administer an affidavit. - - Your humble Petitioners express with much concern their conviction - that unless Your Majesty's fostering care be extended towards them, - they can only anticipate that both Your Majesty's subjects and also - the aborigines of this land will be liable in an increased degree to - murders, robberies, and every kind of evil. - - Your Petitioners would observe that it has been considered that the - confederate tribes of New Zealand were competent to enact laws for - the proper Government of this land, whereby protection would be - afforded in all cases of necessity; but experience evidently shows - that in the infant state of the country this cannot be accomplished - or expected. It is acknowledged by the chiefs themselves to be - impracticable. Your Petitioners therefore feel persuaded that - considerable time must elapse before the chiefs of this land can be - capable of exercising the duties of an independent Government. - - Your Petitioners would therefore pray that Your Majesty may - graciously regard the peculiarity of their situation, and afford that - relief which may appear most expedient to Your Majesty. - - Relying upon Your Majesty's wisdom and clemency we shall ever pray - Almighty God to behold with favour and preserve our Gracious - Sovereign. - -[1] On one occasion when Lord John Russell was asked by a French -Diplomat how much of Australia Britain claimed, he promptly replied, -"The whole of it." - -[2] As indicating the state into which society had fallen it may be -mentioned that one Master of a trading vessel who had no muskets to -sell, gave a chief a packet of corrosive sublimate wherewith to -destroy his enemies. To correct this condition of affairs a -proclamation was published in the New South Wales Government -_Gazette_ in 1814 appointing the Rev. Mr. Kendall and the chiefs, -Ruatara, Hongi and Korokoro, Magistrates at the Bay of Islands, for -the purpose of suppressing outrages. This authority was subsequently -revoked as being illegal. - -[3] "The Rev. Mr. Kendall has received a commission to act as a -Magistrate, but it does not appear that he possesses the means of -rendering effective assistance to the natives against the oppressions -of the crews of European vessels, and of controlling in any degree the -intercourse that subsists between them."--Commissioner Bigge to Earl -Bathurst, 1823. - -[4] This practice was prohibited by the Governor of New South Wales by -Proclamation, on November 9, 1814. - -[5] Edward Doyle underwent the extreme penalty of the law at Sydney -for a burglary committed at the Bay of Islands on June 18, 1836, the -sentence being imposed under a statute of George IV. - -[6] The Wesleyan mission in New Zealand originated in a visit made to -this country in the year 1819 by the Rev. Mr. Leigh, a missionary of -the Wesleyan Society then stationed in New South Wales. He made the -visit for the benefit of his health on the recommendation of the Rev. -Mr. Marsden. - -[7] Petition sent to King William through Mr. Yate, per Colonial -Secretary of New South Wales, November 16, 1831. - -[8] The French were called by the natives "the tribe of Marian" after -Captain Marian du Fresne, who met his untimely death at their hands in -1772. To show that these fears were not altogether unfounded, it may -be mentioned that the French ship _La Favourite_ anchored in the -Bay of Islands the day after the petition was signed. - -[9] He afterwards became Earl of Ripon. - -[10] Mr. Busby's father had been appointed in 1823 as a Mineral -Surveyor and Civil Engineer for the colony of New South Wales, by Earl -Bathurst, and Mr. Busby accompanied him as a settler, taking with him -capital to the extent of about £1000. At the time of his appointment -Mr. Busby was Collector of Internal Revenue and a Member of the Land -Board of New South Wales. - -[11] The Bill was not passed, because it was found that Parliament was -legislating in a "foreign country," and this it has no power to do. - -[12] Mr. Busby's difficulties in this connection were considerably -increased by the fact that when British subjects were accused they -frequently sheltered themselves under the American flag, saying, "We -are Americans, you have no right to interfere with us."--Captain -Fitzroy. - -[13] "After ardent spirits were introduced in the neighbourhood of -Hokianga the Christian natives themselves became so sensible of the -evils resulting from the use of them, that under the influence of the -Missionaries the chiefs assembled and agreed to certain regulations, -the effect of which was to prohibit the introduction and sale of -ardent spirits. Those regulations received the sanction of the -Governor of New South Wales, and were for a time partially carried -into effect. Our Missionaries have transmitted a copy of the -resolutions adopted at a meeting of the natives at Hokianga for the -formation of a Temperance Society. Those resolutions were signed by -fifteen native chiefs. One chief who was present declined for a time, -but at length he agreed, and also signed them. Another chief remarked -that it would be desirable that wine and porter should also be -prohibited, for if they were allowed the English would say when the -rum casks came that they were wine and porter, and by that means -spirits would continue to be smuggled into the river. The later -accounts give us reason to fear that notwithstanding these regulations -spirits continued to be introduced there in defiance of the laws made -by the native chiefs."--Rev. Dr. Beecham before Committee of House of -Lords. - -[14] The British Admiralty agreed to respect and protect the New -Zealand ships' registers after the National flag had been hoisted. - -[15] _Korero_ = talk, debate, discussion. - -[16] Dr. Marshall, surgeon of H.M.S. _Alligator_, mentions that -during his visit to the district he had become interested in a chief -named Hau, who, prior to the voting, asked the Doctor for his opinion, -on the designs. The Doctor favoured the one ultimately chosen, and Hau -"having discovered how my taste lay, paid me the compliment of -adopting it, and canvassed others for their votes also." This -influence in all probability decided the election. After cession of -sovereignty to the Queen in 1840 this flag was of course superseded by -the Union Jack as a National ensign. It was then adopted by the Shaw -Savill & Albion Shipping Company, and is now flown by them as their -house flag. - -[17] _Kororirori_ was a mixture of flour and water, sweetened -with sugar, of which the natives had become very fond. While the feast -was in progress word came that Pomare had arrived at the Bay at the -head of a large armed party. Mr. Williams was sent to enquire why he -had brought arms to a peaceable gathering? He replied, "It is New -Zealand custom," and then added, "The _Rangatira_ from the -warships have their swords, and we ought not for shame to be without -our guns," an observation which left little room for an effective -rejoinder. Pomare, who was a great stickler for etiquette, was -offended because he thought he had not been properly invited, and took -this method of showing his displeasure. He was however soon placated -by the Missionary. - -[18] _Vide_ his despatch of November 21, 1834. - -[19] The Baron has been described as a crotchety enthusiast rather -than a knavish schemer. - -[20] Nene gave him 5000 acres, which was subsequently reduced by -quarrels and quibbles to 1000 acres. - -[21] Sir George Gipps, Governor of New South Wales, in succession to -Sir Richard Bourke, in a despatch dated August 1840, speaks of the -Declaration, as entirely a measure of Mr. Busby's concoction, and -designates it "a silly as well as an unauthorised act--a paper pellet -fired off at the Baron de Thierry." - -[22] The chiefs who signed this document were thoroughly representative -of the tribes residing between the North Cape and the latitude of the -River Thames. - -[23] Dr. Jameson concludes his unalluring picture, by the statement: -"It is to the Missionary labour only that we can justly attribute the -abolition of infanticide, polygamy, and the atrocities of native -warfare which have disappeared before the dawn of Christianity." - -[24] This claim is still the subject of negotiation between the -British and United States Governments. - -[25] Probably the Wentworth Purchase. - -[26] The deed confirming this transaction is now in the Hocken -Collection at Dunedin. - -[27] "The Missionaries have been successful, but I think a greater -effect might be given to them if their minds were relieved from those -secular things which press upon them on behalf of their children. If -they could devote their lives to the service of Christianity instead -of trying to better the condition of their own children. At present -they are cultivating their land. To use the words of the Rev. Henry -Williams--They are just holding on for their children, seeing no other -prospect for them than the cultivation of those lands. They cannot -send them home to England, for that would be too expensive; New South -Wales would not be desirable for them, and this is their only -chance."--Evidence of Mr. John Flatt (formerly a catechist of the -C.M.S.) before a Parliamentary Committee. - - - - -CHAPTER II - -SEEKING A WAY - - -The cry for better Government was thus becoming imperative, and the -demand was not a new one. Both the House of Lords and the House of -Commons had entered upon exhaustive enquiries into the subject. The -former had reported that the responsibility of extending the colonial -possessions of the Crown was one that rested solely with the -Government, while the latter had declared in spirited terms that -"however pressing the nation's need for a vigorous emigration policy, -and whatever action the Government might take to meet that need by -finding a soil to which its surplus population might retreat, the -House would tolerate no scheme which implied violence or fraud in -taking possession of such territory." The reference to "surplus -population" in the House of Commons' report introduces a new factor -into the problem. It indicates internal as well as external pressure; -it tells of clamour from the teeming cities, and a rural population -discontented with their lot. It suggests that the nation's mind had -moved faster than the politicians, and that already many of England's -artisans were seeking to escape to some new country where they might -live under freer conditions. The popular theory of the political -economists of those days was "over population," and the panacea for -the existing national poverty was emigration. In spite of the fact -that people are the most precious asset a country can ever have, both -doctrines found much favour with the different sections of the -community whose interest they seemed best to serve; the spirit of -colonisation had got into the air, and the question of finding new -fields for the energies of the "surplus" people became a practical -issue which no Government could afford to ignore. The necessity for -doing something appeared impossible of evasion. Poverty at home and -crime unchecked abroad clamoured for redress, but just what to do, or -how to do it, was not easy of decision. - -Sir Richard Bourke had told the Government in plainest terms that -unless they were prepared to give the British Resident more power, and -permanently station a ship of war on the coast to support him, it -would be more in keeping with the dignity of the nation to withdraw -him altogether. To give him more power was an impossibility, unless -the Government was prepared to violate the express injunction of the -House of Commons and all the precedents by which they had acknowledged -the independence of the Maoris. It was therefore not practicable to -supply the existing deficiency by extending the jurisdiction of Mr. -Busby. - -In their dilemma the Ministers turned for light and leading to the -comparatively few people then in England who had previous experience -of these far-away islands. Amongst these was Captain Hobson, who in -1837 had been sent over in H.M.S. _Rattlesnake_ pell-mell to -render what aid he could to British shipping and British interests -generally, on news reaching Sydney of serious hostilities between two -of the northern tribes.[28] Captain Hobson had on his return furnished -the Governor with a report upon the condition of affairs as he found -them at the settlements he had visited. He had also entered into the -discussion of a scheme for the future government of the country, in -which he favoured proceeding upon the plan of the Hudson Bay and East -India Companies by establishing trading factories in different parts -of the islands, and so fulfilling what he urged had become a solemn -duty to apply a remedy for a growing evil. "It has occurred to me," he -wrote, "that if factories were established at the Bay of Islands, at -Cloudy Bay, and Hokianga, and in other places as the occupation by -British subjects proceeds, a sufficient restraint could be -constitutionally imposed on the licentious whites, without exciting -the jealousy of the New Zealanders or of any other power. I will not -presume to enter too deeply into the details of such a measure, but -beg simply to suggest that sections of land be purchased, enclosed, -and placed within the influence of British jurisdiction as -dependencies of this (New South Wales) colony. The heads of factories -should be Magistrates, and the chief factor should, in addition, be -accredited to the united chiefs of New Zealand as a political agent -and consul. All communications with the British Government should take -place through the chief factor, with whom alone the local factors -should correspond. All British subjects should be required to register -themselves and their landed property at the factories. Two or more -respectable British residents nearest to each station should hold -Commissions of the Peace to assist the factors. Prisons should be -constructed within the factories and legally proclaimed in the colony. -A treaty should be concluded with the New Zealand chiefs for the -recognition of the factories and the protection of British subjects -and property. To meet the expenses which the establishment of a system -of factories upon the principle I have mentioned would necessarily -entail, funds might be obtained from a variety of sources, such as a -small fee on the registration of the purchase of land from the -natives, on the entry and clearance of British shipping, and a small -percentage on goods and produce imported and exported. The great -security which would result from this system would, it is conceived, -readily dispose the British subjects resident in New Zealand, to -conform to such an impost." - -After acknowledging the primary need for Imperial legislation to give -effect to his suggested policy, he continues: "The benefit which may -be supposed to arise from the establishment of factories in New -Zealand is not confined to the mere legal protection they are supposed -to afford; but we may hope they will be the means of introducing -amongst the natives a system of civil Government which may hereafter -be adopted and enlarged upon. Nor is it to be overlooked that in times -of intestine war they will afford a safe retreat to our -fellow-countrymen, who will then become powerful by concentration." - -In the estimation of Sir Richard Bourke, Captain Hobson's scheme -contained "suggestions of great value," and in transmitting it to the -Colonial Office he not only gave it his full endorsement, but -justified it because it was in his opinion "neither possible nor -desirable to put a stop to the growing intercourse between the English -colonies in these seas and New Zealand." He also raised his voice -against the neutral policy which was being pursued, for while -admitting the failure of the British Residency, he protested that "it -would be difficult for His Majesty's or this Government to act for any -length of time upon the stern principle of non-interference if the -lives and property of British subjects appeared to be in jeopardy. Any -plan, therefore, by which the intercourse may be sufficiently -regulated, and usurpation, real or apparent, avoided, is well worthy -of serious consideration." - -Simultaneously with Captain Hobson's scheme, was sent a letter from -Mr. Busby, written while the _Rattlesnake_ was in New Zealand -waters. In this communication the Resident also endeavoured, for the -guidance of Ministers, to reduce to a system a scheme of government -based upon his several years' experience of the people and the -country. Governor Bourke evidently looked upon it with a less -favourable eye than he did upon the report of the naval officer, and -commended it merely as advancing "suggestions that were not without -value." - -This letter must, however, be regarded by all historians as the more -valuable of the two, for in it will be found the germ of the treaty -which was afterwards adopted by both _Pakeha_ and Maori as the -basis upon which New Zealand was taken into the British Empire; upon -which her past progress has been built, and her future prosperity must -depend. - -In the previous year (1836) Mr. Busby had made a somewhat similar -suggestion, founded upon the principle sanctioned by the Treaty of -Paris in the case of Great Britain and the Ionian Isles, and also -applied in various instances on Britain's Indian frontier. That -principle recognised "a protecting state administering in chief the -affairs of another State in trust for the inhabitants," and this -condition he claimed could be, with but slight modification, applied -to New Zealand both economically and efficiently. Mr. Busby was by no -means of the opinion, afterwards so contemptuously expressed by Sir -George Gipps, that the native Declaration of Independence was "a paper -pellet fired off at Baron de Thierry." On the contrary, he attached -considerable importance to it, proposing to make it the authority on -which the chiefs were entitled to enter into diplomatic relations with -Great Britain for the cession of their administrative rights. - -"The chiefs who were parties to the articles of Confederation, and to -the Declaration of Independence," he wrote, "together with those who -subsequently adhered to it, include, with very few exceptions, the -whole of the chiefs of influence in the northern parts of the Islands, -and the adhesion of the remainder could at any time be procured. -Whatever acts approaching to acts of sovereignty or government have -been exercised in the country, have been exercised by these chiefs in -their individual capacity, as relates to their own people, and in -their collective capacity as relates to their negotiations with the -British Government, the only Government with which the chiefs or -people of New Zealand have had any relations of a diplomatic -character. The articles of Confederation having centralised the powers -of sovereignty both _de jure_ and _de facto_ by the several -chiefs, and having established and declared the basis of a -constitution of government founded upon the union of those powers, I -cannot, I think, greatly err in assuming that the congress of chiefs, -the depositing of the powers of the State, as declared by its -constitution, is competent to become a party to a treaty with a -foreign power, and to avail itself of foreign assistance in reducing -the country under its authority to order, and this principle being -once admitted all difficulty appears to me to vanish." - -It did not, however, enter into the proposal of Mr. Busby that the -British Government should be both in theory and in fact the -administrative authority. He still contemplated the retention of the -federated chiefs as the nominal source of power, with himself as its -presiding genius. "In theory and ostensibly the government would be -that of the confederated chiefs, but in reality it must necessarily be -that of the protecting power. The chiefs would meet annually, or -oftener, and nominally enact the laws proposed to them, but in truth -the present race of chiefs could not be entrusted with any discretion -whatever in the adoption or rejection of any measure that might be -submitted to them." - -He proposed to constitute the chiefs guardians of the peace and public -morals, and to pay them for their services. Schools were to be -established, and the Missionaries and catechists were, as far as their -duties would permit, to be appointed Justices of the Peace, whose -decisions were, if needs must, to be supported by a military force. -Even a periodical newspaper was provided for as a means of -"instructing the natives in those relative duties of the people and -their rulers, which are familiar to all ranks of the population under -established Government, but of which the New Zealanders have scarcely -yet formed an idea." Revenue was to be raised by an impost on shipping -and a duty upon spirits and tobacco. Indeed, so modest was his -contemplated civil establishment that he estimated an expenditure of -not more than £1000 per annum would be sufficient to maintain it in -adequate splendour. All existing land claims were to be settled by an -independent commission, and after that all titles were to be void -unless procured through the Government, whose special duty it would -be to see that ample reserves were retained for the natives. - -Mr. Busby, in submitting these proposals, ventured to suggest that -they might be presumed to give an effective degree of protection to -the British subjects resident in New Zealand, without infringing on -the rights of the New Zealanders as an independent people and at the -same time "satisfy the reasonable scruples of a foreign Government." -This latter condition was one that in maturing their plans the British -Cabinet could not leave out of their consideration; for already both -France and America were factors to be counted upon in the South -Pacific, and might with almost equal justice claim a share in the -sovereignty of the country. - -The Government were still wrestling with the perplexities of the -position when the New Zealand Association rose into being, and served -to still further complicate the issues. There was an opinion in -political circles, afterwards crystallised into a definite -recommendation by the House of Lords, that the colonisation of New -Zealand was the duty of the State, if it was Britain's duty at all, -but private enterprise had never been wholly disassociated from the -scheme.[29] As far back as 1825 a New Zealand Company, "acting with -the sanction and encouragement of the Government," had been formed -under Lord Durham, and had acquired an estate on the banks of the -Hokianga River. This settlement, under Captain Heard, had been of the -most fugitive character; but the land still remained more or less an -asset, and subsequently was acquired by the New Zealand Association, -founded in 1837 by the Hon. Francis Baring, M.P. for Sheffield, in -conjunction with other gentlemen prominent in English public life of -that day. This Association grew out of an enquiry made at the instance -of the House of Commons by a committee called the Committee on -Colonial Lands, but the real subject of the enquiry was colonisation. -One of the principal witnesses was Mr. Edward Gibbon Wakefield, who -gave some account of the then existing state of New Zealand, and spoke -of it as a country extremely eligible for the purpose of British -colonisation, provided some regular system should be adopted in place -of the lawless practices that were then rampant. In consequence of -that statement, a member of the committee spoke to him upon the -subject of colonising New Zealand. Subsequently other gentlemen were -admitted to their discussions, and as a result of their joint -deliberations they determined to form an Association for the purpose -of obtaining from Parliament (for Parliamentary aid was considered -essential) some regulation both for the colonisation and the -government of the Islands, to take the place of the irregular -practices that were then on foot. - -There is little doubt that in its inception the Association had a -large measure of philanthropy underlying its principles, for it was -the outcome of the unsatisfactory social conditions existing in -England at that period. The scheme attracted to its aid men of wealth -and culture, and under the organising genius of Edward Gibbon -Wakefield it acquired an influence, both social and political, which -no government could safely regard with indifference.[30] - -To secure New Zealand as a British possession; to find a profitable -investment for British capital; and to provide employment and -opportunity for England's idle labour were the nominal objects for -which the Association had been formed. To give these purposes -practical effect the Association had, under the guiding hand of -Wakefield, formulated definite theories upon the subject of -colonisation; and to the end that their ideals might be achieved they -sought the assistance of the Government and the sanction of -Parliament. - -On a day in June 1837 they secured an interview with the Prime -Minister, Lord Melbourne, whom they found attended by Lord Howick, a -member of the Government, though not of the Colonial Office, and who -was present, so they were told, in the character of an adviser on the -subject, he having paid considerable attention to colonial problems. -The aims and purposes of the Association were laid before the -Ministers by Mr. Baring, chairman of the society, and the result of -the deputation was an assurance from the Premier that for himself he -saw no objection to the scheme of the Association, and that he -perceived in some of their purposes a laudable object, but that not -being familiarly conversant with such subjects he did not care to do -more than to express his general approbation, and to refer the -deputation for the discussion of all matters of detail to Lord Howick, -who was well informed on all such questions, and who possessed, in the -office which he held, as much leisure as would enable him to attend to -the subject. The committee was highly satisfied with their interview, -and communicated in various ways with Lord Howick upon the details of -their plan, amongst other things submitting to him a draft of the Bill -which they proposed to introduce into the House of Commons. Lord -Howick examined the Bill, and both in conversation and in writing -suggested various modifications, which though not universally approved -by the promoters, were adopted in their entirety rather than risk the -loss of that influence which they considered essential to the success -of their plan--the assistance of the Executive Government. The death -of the King, William IV., at this juncture, put a sudden termination -to their political proceedings; but the outlook for their negotiation -appeared so satisfactory that, pending the assembly of the new -Parliament, they published an invitation to all persons so disposed to -join the Association for the purpose of emigrating to New Zealand. The -publication of this resolution drew to their ranks a large body of -wealthy and influential people; and when Parliament met again in -December of the same year a very considerable number of persons had -expressed their intention of settling in the new colony. Accordingly -the committee, on December 13, again waited on Lord Melbourne with a -view to obtaining his final approval upon the measure which they -proposed to submit to the Commons. As at the previous interview, the -object of the Association in seeking this second conference was stated -by Mr. Baring, when Lord Melbourne, who appeared to have forgotten -what had passed on the former occasion, referred the deputation to -Lord Glenelg, who was present as Colonial Minister. - -This gentleman at once adopted an attitude of hostility to the whole -proposal, his objections being primarily that the jealousy of foreign -powers might be excited by the extension of British colonies; that -England had colonies enough; that they were very expensive to govern -and to manage; and that they were not of sufficient value to make it -worth while to increase their number.[31] The rebuttal of these -unexpected objections involved a discussion of over an hour, during -which considerable feeling was displayed by some of the gentlemen -present, who saw in the attitude of the Minister a grim prospect of -their scheme being thwarted. Several of these had, during the interval -since the previous interview, disposed of their property and quitted -professions in which they were engaged, with a view to emigrating, and -they now felt very strongly the position in which they were placed by -the withdrawal of the Ministerial approval which they believed their -enterprise was to receive. One of these was described to Lord -Melbourne as having wound up his affairs with a view to emigrating, -and as being likely to suffer very seriously from now finding himself -unable to carry his plan into effect. Lord Melbourne, not knowing that -he was present, said that such an individual must be mad. The -gentleman immediately rose and, facing the Premier, said that he was -the madman. This created a distinctly dramatic situation, and the -conference was on the point of breaking up in excitement and disorder -when Lord Melbourne was reminded of his former sympathetic reception -of the Association's proposals, whereupon he held a further brief -consultation with the leaders of the deputation, and gave them to -understand that the matter would be again considered by the -Government, and that if they would wait upon Lord Glenelg in a week's -time they would get an answer more to their satisfaction. Pursuant to -that arrangement, the same body of persons waited on the Colonial -Secretary on that day week (Wednesday, December 20), when Lord Glenelg -informed them that the subject of the colonisation of New Zealand had -been reconsidered by the Cabinet, and that circumstances which had -occurred during the interval had induced Ministers to think that their -former view was not the correct one. What had happened to so influence -the Ministerial mind was the receipt of those important despatches -from Mr. Busby, the British Resident, and from Captain Hobson, in -which both these officers urged the need for a more vigorous policy on -the part of the Colonial Office in its relations with New Zealand. The -opinions of the Government, therefore, now approximated somewhat more -closely to those of the Association, but there was still some -hesitancy in proceeding by way of Act of Parliament. The Colonial -Department, Lord Glenelg said, had fully considered the matter, and -were satisfied that the measures desired might be carried into -complete effect without applying to Parliament at all; and that they -were consequently prepared, in the exercise of the power of the Crown -vested in the Secretary of State for the Colonial Department, to give -to the Association a Charter of Incorporation, being a Charter of -government similar to those which were granted in the sixteenth and -seventeenth centuries to the companies which founded the thirteen -great colonies in America. Nine days after this interview the -Association received an official letter from Lord Glenelg, reiterating -his offer of a Charter, and calling upon the committee to form their -members into a Joint-Stock Company with a subscribed capital -sufficient to qualify them for the Charter he proposed to issue. This -proposition was wholly unacceptable to the Association for two vital -reasons. They had from the beginning declared that they intended to -take no private pecuniary interest in the undertaking, and yet in -spite of their care in this direction they had been very untruly -charged before the public with having no other object than that of -private pecuniary gain for themselves. Again some of their most -influential leaders were persons, such as distinguished clergymen of -the Established Church, holding preferment, who were almost -disqualified by that circumstance from becoming members of a -Joint-Stock Company, and, therefore, it was unanimously resolved that -the offer of the Colonial Secretary could not be accepted. But though -this avenue of procedure was closed there was still another open to -them, and it was determined to procure, if possible, the passage of a -Bill through Parliament, based upon the plan which they had originally -placed before the Government. Such a Bill was brought into the House -of Commons by Mr. Baring, but owing to the opposition of the -Ministers, including Lord Howick,[32] and the widespread impression -that the Association was nothing better than a land-sharking Company, -the measure was defeated by a large majority. - -The discussion which was provoked by this Bill was responsible for -concentrating public attention upon two points, namely, the objects -which animated the Association, and, secondly, the diversity of -opinion which existed on the subject of British sovereignty in New -Zealand. One of the most ardent advocates of the Association was the -Rev. Dr. Hinds, a clergyman of the Established Church, who had been -greatly impressed by the social stagnation in England, and who had -joined the committee in the hope of providing some outlet for the -country's allegedly "surplus" population. Dr. Hinds told the Committee -of the House of Lords in 1838[33] that he considered the colonisation -of New Zealand expedient because of the number of persons of various -classes in Great Britain who were anxious to settle themselves in a -colony in New Zealand; persons who from their character, station, and -other considerations, had a claim on the British Parliament to -facilitate that object. The feeling, he assured their Lordships, in -favour of such a colony was deep seated and sincere, supporting his -contention by quoting letters he had received from Scotland,[34] -where, he said, existing conditions were clamant for an immediate -remedy. That remedy, he contended, the colonisation of New Zealand -would supply. "There is," he said, "an abundance of capital and an -abundance of labour in Great Britain, and the abundance of capital the -capitalists can hardly employ so as to be sufficiently remunerative by -any investment in this country. At the same time there is a great mass -of the labouring population who can no longer obtain sufficient wages -to keep up what have become the necessaries of life to them. The -proposed colony would therefore be a measure of relief to both the -capitalists and labourers." - -[Illustration: LORD NORMANBY.] - -Dr. Hinds concluded his instructive picture of social England at that -date by urging the colonisation of New Zealand on the general ground -that settlement was already proceeding there along irregular lines, -and without any "combining principle." This fundamental requirement to -all well-ordered societies, he thought, was provided for in the plan -of the Association, and he proceeded to explain in very explicit terms -the two cardinal points of its constitution--its Government, and the -principles which would control its land transactions. - -The executive authority of the Association was, he said, to be placed -in the hands of a Commission resident in England, which Commission was -to be merely a provisional body to last so long as might be thought -necessary to set the scheme on foot. It was proposed to delegate to -these Commissioners the power to make laws, the Crown to determine the -extent of the delegation, and many other important matters. A further -power of delegation was to be given to a Council in New Zealand, but -the responsibility for all that was done was to rest with the -Commission at home. "Whatever the powers are, it is only required that -they should be exercised for a period of twenty-one years, and the -Association would not at all object if it should seem desirable to -have the time shortened. At the end of that term the whole Government -of the colony would revert to the Crown." - -In its land dealings, the element of profit was to be eliminated by -the fact that the whole of the money derived from the sale of land or -other sources must be spent in the interests of the colony, and no -member was to derive any advantage therefrom: "The money for which the -land will be sold by the Commissioners will be a price made up of -several sums. It will in the first place contain the sum paid for the -land itself, which I conceive will be a very small proportion. It will -contain then a sum which will be calculated as sufficient for bringing -out labourers to cultivate the land purchased; that will be the -largest amount. It is also proposed that there should be a further sum -added for the purpose of making roads, bridges, and public works, and -it is also proposed that one of the items should be a sum to be -expended in making provision for the natives, such as procuring them -medical assistance and some instruction in the arts. The price the -settlers will pay for the land will be only the price paid for it to -the natives, and the additions to that sum will be in fact the -purchase money paid for certain benefits which are considered -essential to the prosperity of the colony, more especially for a due -supply of labour." - -The House of Lords' Committee reported against this scheme on the -broadly Imperial grounds that the extension of the colonial -possessions of the Crown was a question of public policy with which -the Government only should deal. The element of private enterprise -was, in their Lordships' opinion, eminently undesirable, holding with -Captain Fitzroy, whose personal experience they valued, that -"colonisation to be useful must be entirely under the control of the -Executive Government of the Mother Country." - -At this point a new and vigorous opponent directed its energies -against the plans of the Association. The Church Missionary Society -had been watching its proceedings with a jealous eye, and from the -moment of the Association's inception had adopted an attitude of -hostility towards it. Rightly or wrongly the Society had conceived the -notion that the colonisation of the country must have a detrimental -effect upon its Missions, and that therefore a sacred duty devolved -upon the Committee to frustrate its consummation if it were at all -possible so to do. - -Immediately following the publication of the Association's prospectus -the Society had communicated with its Missionaries in New Zealand, -calling their attention to the scheme, and urging them to furnish the -Committee with their views upon it, and so assist the parent body in -reaching a conclusion as to its merits. Without waiting for these -replies the Committee proceeded to deliberate upon the evidence then -available, and on June 6, 1837, formulated the following resolutions, -which they ever afterwards consistently made the basis of their -attitude towards the Association. - - That the New Zealand Association appears to the Committee highly - objectionable on the principle that it proposes to engage the British - Legislature to sanction the disposal of portion of a foreign country - over which it has no claim to sovereignty or jurisdiction whatever. - - That the Association is further objectionable from its involving the - colonisation of New Zealand by Europeans, such colonisation of - countries inhabited by uncivilised tribes having been found by - universal experience to lead to the infliction upon the aborigines of - great wrongs and most severe injuries. - - That the Committee consider the execution of such a scheme as that - contemplated by the Association especially to be deprecated in the - present case, from its unavoidable tendency, in their judgment, to - interrupt if not to defeat, those measures for the religious - improvement and civilisation of the natives of New Zealand, which are - now in favourable progress through the labours of the Missionaries. - - That for the reasons assigned in the preceding resolutions the - Committee are of opinion that all suitable means should be employed - to prevent the plan of the New Zealand Association from being carried - into execution. - -The Society again made declaration of its views in the following year, -embodying in its annual report (May 1, 1838) a plea for the humane -consideration of New Zealand's claims, and for their own disinterested -services to the country: - - Your Committee cannot close this report on the New Zealand Mission - without adverting to the peculiar situation of that country as it is - regarded by the public at large. What events may await this fair - portion of the globe, whether England will regard with a sisterly eye - so beautiful an Island, placed like herself in a commanding position, - well harboured, well wooded, and fertile in resources; whether this - country will stretch forth a friendly and vigorous arm, so that New - Zealand may with her native population adorn the page of future - history as an industrious, well-ordered, and Christian nation, it is - not for the committee of the Church Missionary Society to - anticipate--but this consolation they do possess. They know that the - Society has for the past twenty years done good to the natives, - hoping for nothing again, nothing save the delight of promoting the - Glory of God and good-will among men. The Society has sent forth its - heralds of peace and messengers of salvation, and has thus contracted - such an obligation towards those whom it has sought to benefit that - your Committee are constrained to lift up their voice on behalf of - that Island, and to claim that no measures shall be adopted towards - that interesting country which would involve any violation of the - principles of justice on our part, or the rights and liberties of the - natives of New Zealand. - -The Society having once determined upon its attitude towards the -Association never turned back. Their Secretary, Mr. Dandeson Coates, -became a militant force whom they found it difficult to shake off, and -together with the enormous influence he was able to wield in religious -circles, constituted a power that might have made the Government pause -had they been predisposed to afford the Association the shelter of -their wing. - -Harassed by the Church Missionary Society and repulsed by Parliament -the Association turned to the hope of resuming the negotiations with -the Government at the point at which they had broken with Lord -Glenelg. In the previous year the Colonial Secretary had, it will be -remembered, reluctantly professed sympathy with the objects of the -organisation up to the point that it fell short of being a Joint-Stock -Company. He had then informed Lord Durham[35] that colonisation having -gone on in New Zealand to some extent, the only question was between -allowing it to proceed along desultory lines, without law, and fatal -to the natives, or a colonisation organised and salutory. "Her -Majesty's Government are therefore," he said, "disposed to entertain -the proposal of establishing such a colony. They are willing to -consent to a Corporation by a Royal Charter, of various persons to -whom the settlement and government of the projected colony for some -short term of years would be confided. The Charter would be framed -with reference to the precedents of the colonies established in North -America by Great Britain in the sixteenth and seventeenth centuries." - -The basis on which these Atlantic colonies had been established was -that of business concerns; for it was officially stated that the -Association's scheme was objected to because of the absence of an -actual subscribed capital, and the consequent want of protection to -those proceeding to the colony as emigrants. For the reasons already -given, the stipulation that the Association should convert itself into -a Joint-Stock Company was so contrary to the motives which had -inspired it that it was at first, and still was, hotly resented and -resisted by its principal and truly philanthropic promoters. Many of -these now withdrew from the ranks of the Association; but others, -rather than give up the hope of colonising the Islands, consented to -comply with the demand of the Minister, after Parliament had rejected -their Bill, as they wrongly assumed, for the insufficient reason of a -non-existent capital. The Association then, in 1838, became a Company, -shares were issued, capital subscribed, the reorganisation changing -its whole character from a quasi-benevolent to a strictly commercial -concern, whose business it was to buy land at a low price in New -Zealand, and sell it at a high price in England.[36] - -In the meantime a change had taken place at the Colonial Office. Lord -Glenelg had fallen over his Canadian policy, and in the year following -its reconstruction, the Company, on the ground that they had now -complied with all that had been stipulated for, approached his -successor, Lord Normanby, "with a view of obtaining, through his -Lordship's intervention, a Royal Charter of Incorporation." Upon what -took place at this interview the widest divergence of opinion appears -to exist. The Company claimed that the Minister received them with the -greatest affability and encouragement, and that in consequence they -left the Colonial Office in high spirits at the very favourable -reception they had met with, and were perfectly satisfied in their own -minds that all opposition to their scheme had not only ceased, but -that they could proceed with the full concurrence of the Government. - -Their feelings may, therefore, be easily imagined when, within -forty-eight hours of their meeting with the Minister, they received an -official letter from Lord Normanby, dated March 11, 1839, in which his -Lordship warmly repudiated the suggestion that the Government was in -any way bound to give effect to his predecessor's promise. He pointed -out that Lord Glenelg's offer had been distinctly rejected by those to -whom it was made; that they had since applied to Parliament for powers -which they had failed to procure from the Crown; and that the -personnel of the Company had so completely changed that by no process -of reasoning could it be argued that the promise of Ministerial -approval had been given to the same people as were now making the -application. He therefore claimed that he stood unfettered by any -pledge, and was free to discuss the question in the public interests, -and for the public as though the rejected offer of 1837 had not been -made. - -In thus sternly refusing to countenance the proceedings of the -Company, the Minister may have been induced to adopt the course he -took by a reason altogether different from that which he gave, but one -which he found more difficult to diplomatically express. For directing -his attention to the change in the personnel of the promoters he was -indebted to his Departmental Secretary, Mr. Stephen, who had kept the -strictest watch upon the correspondence of the Company, and when the -request, now under review, was preferred, he wrote a Memorandum to his -Minister which may have profoundly influenced the mind of Lord -Normanby. - - "You can see," he said, "from looking over the list of the proposed - Directors, that the leading members are now Roman Catholics. If this - business is committed to them, New Zealand will infallibly become a - Roman Catholic country. I am convinced that this would give the most - severe offence to all the religious bodies which have established - Missions there. I cannot withhold expressing my own opinion that the - objection would be perfectly just and well founded. As long as we - have the choice of establishing Popery or Protestantism in any part - of the world I cannot understand how any one, not a Roman Catholic, - would hesitate what that choice should be."[37] - -How far the suggestion of Mr. Stephen weighed, or did not weigh, with -his chief can now only be a matter of merest speculation, for -unfortunately little in the way of record has been left to guide us. -It is possible that under the sway of the religious feeling which -existed in England at that time he did not altogether disregard it, -but it is more probable that the circumstance which weighed with him -most was the fact that since Lord Glenelg's day the Government had -received more serviceable advice as to their powers under the Law of -Nations, and that finding it was not within their right to issue a -Charter affecting New Zealand, they were then considering the -suggestions made by Mr. Busby and Captain Hobson, and were even at -that moment contemplating the steps which they afterwards took. Lord -Normanby would, under these circumstances, find it difficult and -inexpedient to refer in definite language to these immature plans, and -consequently the general terms in which he was compelled to speak may -have misled the members of the Company who waited on him to sue for a -Charter. In considering a petition from the Merchants, Bankers, and -Shipowners of the City of London respecting the colonisation of New -Zealand, an effort was made by a Committee of the House of Commons, in -1840, to discover exactly what was the attitude of the Ministerial -mind at this juncture. Mr. Gibbon Wakefield complained that the -Company had been scurvily treated by Lord Normanby, who had led them -to suppose that they had his sympathy and approval, and had then, -within a comparatively few hours, despatched the letter in which he -refused to be bound by the promise of his predecessor to issue a -Charter. In reply to this accusation, Mr. Labouchere, who was then -Under-Secretary at the Colonial Office, and might, therefore, be -expected to have some inside knowledge, took the view that the -Minister had been misunderstood, and asked whether the position was -not this: That Lord Normanby had stated to the Company that he -considered their objects very useful and laudable, and that he should -have been disposed to give them his most favourable consideration, -provided New Zealand were a British colony; that he intended to take -steps that he believed would probably lead to the constitution of New -Zealand, either wholly or in part as a British colony; but that till -those steps had been taken it would be utterly inconsistent with his -official duty, not only to give encouragement, as a Minister, to the -proceedings of the Company, but even to recognise them in any way -whatever? - -To this Mr. Wakefield's answer was: "My impression has always been -that when Lord Normanby received those gentlemen he sincerely felt -what he said; that he was glad to see persons of so much influence, -and of such station in society, engaged in such a work; but that after -the interview he came into communication with the officers of his -Department, and received information of what had passed before, for he -was quite new in the office,[38] and that the letter written after the -interview, which was so much at variance with it, was written rather -by the office, I should say, than by Lord Normanby himself, for the -purpose of maintaining the consistency of the course which the -Government had pursued." - -It was therefore clearly the opinion of Mr. Wakefield that Mr. Stephen -was a force to be reckoned with, and that whether he influenced it -from the religious or the secular point of view, the Departmental head -of the office was a powerful factor in moulding the policy which the -Minister afterwards followed. But be that as it may, it still remains -that from this date the Company and its colonising scheme received no -quarter from the Colonial Secretary nor from the Department while he -was at its head. Nothing daunted by official discouragement, the -Company went steadily on with their arrangements; and within the year -they had so far completed their plans that their pilot ship was ready -to sail, all that was requisite being the extension of a helping hand -to Colonel Wakefield, their pioneer representative, by Her Majesty's -officers in Australia, in the event of things going badly with him. To -this end, on April 29, Mr. William Hutt, who had now become chairman -of the Company, Lord Petre and Mr. Somes waited upon Lord Normanby, -preferring a request that letters might be given to the leader of -their expedition, soliciting the good offices of the Governors of New -South Wales and Van Dieman's land, should Colonel Wakefield require -their aid. Their request was accompanied by a copy of the Company's -instructions to Wakefield, all of which came as a violent surprise to -the Colonial Secretary, who immediately pronounced with unmistakable -emphasis, the Government's hostility to these unauthorised -proceedings. He protested that this was the first he had heard of the -Company's matured plans to proceed to New Zealand and there set up a -system of Government independent of the authority of the British -Crown, therefore it was impossible that he could do any act which -might be construed into a direct, or even indirect, sanction of such a -proceeding. He further made it plain that the Government could not -recognise the authority of any agents whom the Company might send out -to New Zealand, nor would they give future recognition to any -proprietary titles to land within that country, which the Company -might obtain by grant or purchase from the natives. Indeed, so far had -matters, he said, now been pushed, that he had no option but to -indicate that the time had arrived when Her Majesty must be advised by -her Ministers to adopt one of the last of Lord Glenelg's -recommendations, before he left the Colonial Office,[39] and take -measures without delay to obtain cession in sovereignty to the British -Crown of such parts of New Zealand as are, or might be, occupied by -British subjects, and that officers selected by the Queen, and not by -the Company, would be appointed to administer the executive Government -within such territory. "Under these circumstances," the Colonial -Secretary concluded, "I must decline to furnish the Company with the -introductory letters for which they apply." - -This intimation was given to the Company in the dying days of April -1839, and by the 13th of June Lords Normanby and Palmerston had, after -consultation with the Law Officers of the Crown, agreed not only that -the moment was ripe for official action, but that the proper course to -take was to send to New Zealand an officer with Consular powers, whose -first duty would be to secure the cession in sovereignty from the -chiefs. The territory so ceded was then to be annexed to New South -Wales, the Consul to be raised to the rank of Lieut.-Governor, acting -under the Governor of the Mother colony, but invested with sufficient -authority to preserve law and order in the country. His salary of £500 -per annum was at first to be a charge upon the revenues of New South -Wales, to be refunded so soon as the necessary arrangements could be -made for the collection of taxation in New Zealand. - -On July 19 these proposals were confirmed by the Lords of the -Treasury, whereupon Lord Palmerston penned the letter to Captain -Hobson of which the opening paragraph of the previous chapter is a -brief extract. - -In the meantime a clipper brig of 400 tons, named the _Tory_ had -been quietly fitted out by the Company for a dash to New Zealand. She -was armed with eight big guns, and as a precaution against a hostile -reception, small arms were provided for all the members of the crew, a -specially selected body of men. Under the command of Captain Chaffers, -who had been round the world with Fitzroy in the _Beagle_, she -left Plymouth Sound on May 12 (1839) and proving a smart sailer, -crossed the equator twenty-six days out, the high land of the South -Island being sighted in the vicinity of Cape Farewell on August 16. -This pioneer ship of the Company's fleet carried in her cabin their -official representative in the person of Colonel William Wakefield, -and in her hold a full complement of pots, pipes, and Jews' harps, -which that gentleman proposed to exchange as full value for the land -he hoped to acquire by barter from the natives. - -The sailing of the _Tory_ was the New Zealand Company's challenge -to the Government, and in any estimate of its subsequent policy this -precipitate event must be accounted an important factor in endowing -the Colonial Office with a vital force which had hitherto been sadly -lacking. - -[28] This war, it is said, arose through some one on board the -_Roslyn Castle_ carrying off a native woman of high rank to sea. -Her friends at Kawakawa accused the people of Kororareka of killing -and eating her in satisfaction of an old feud. This they denied, but a -war ensued, 1500 fighting men being engaged, the war continuing for -several months, eighty being killed. - -[29] In 1821 Mr. Henry Goulburn, by direction of Earl Bathurst, -informed R. M. Sugden that his Lordship "did not feel he had any power -of approving any particular encouragement to the establishment of a -colony in New Zealand." In 1822 Earl Bathurst informed Thomas England -and Messrs. Taylor and Upton that no encouragement was given by the -Government to settlers to proceed to New Zealand. In the same year Mr. -John Thomson, A.M., Edinburgh, offered to found a colony of 50 sober -men, 100 Sepoys, and 100 convicts, as "the inhabitants of New Zealand -are just in that state of civilisation to be made useful." In November -1823 Lieutenant-Colonel Nicolls, an ex-Indian officer, made a proposal -to Earl Bathurst to establish a colony of military pensioners. In the -following month Baron de Thierry's scheme was brought under the notice -of the Government. The year 1825 saw the first New Zealand Company -established. Colonel R. Torrens, who afterwards did such good work in -South Australia, applied in 1826 for the command of a military force -in New Zealand, and so enable him to "make preliminary arrangements -which would facilitate the future colonisation of these islands upon -sound economical principles." - -[30] It was said that at one period of its existence the New Zealand -Association could command 42 votes in the House of Commons. - -[31] Lord Glenelg did not on this occasion urge as an objection that -New Zealand was not a part of the British Empire. - -[32] After the Association was formed into a Company Lord Howick -became one of its most ardent supporters. - -[33] A select Committee of the House of Lords was set up in 1838 "to -enquire into the present state of the Islands of New Zealand and of -the expediency of regulating the settlement of British subjects -therein." - -[34] "It was only within the last three months that I received a -letter from Paisley, stating that if a colony were formed in New -Zealand on the principles laid down in our publication in that -neighbourhood alone there were a hundred respectable persons--indeed I -am not sure the expression was not 'respectable families,' but I have -not the letter with me--who would emigrate immediately" (Dr. Hinds -before the House of Lords Committee). Mr. G. S. Evans, LL.D., in his -evidence stated there was an Association in the West of Scotland -consisting of 200 members, and another in the Carse of Gowrie -consisting of at least 100 persons, all anxious to emigrate to New -Zealand. - -[35] _Vide_ his letter to Lord Durham, December 29, 1837. - -[36] "I was the principal founder of the Company and the principal -Managing Director from the time of its formation till the summer of -1846, allowing for intervals of absence occasioned by illness and -other occupation at a distance from England. My incapacity changed the -whole character of the direction of the New Zealand Company's affairs, -which then fell into the hands of a few persons in whose minds sound -principles of colonisation and colonial government were as nothing -compared with pounds, shillings, and pence."--Evidence of E. G. -Wakefield before a New Zealand Parliamentary Committee on New Zealand -Company's debt--Sessions 1 and 2. - -[37] For the text of the above Memorandum I am indebted to Mr. R. -M'Nab, who copied it from the original in the Record Office, London. -Mr. Stephen, who wrote the Memorandum, was, at the time, an officer of -the Church Missionary Society. - -[38] Lord Normanby became Colonial Secretary on February 8, 1839. - -[39] _Vide_ his letter to Lord Palmerston, December 12, 1838. - - - - -CHAPTER III - -FINDING A WAY - - -The favour of Ministerial selection for the onerous task of bringing -New Zealand within the realms of Britain fell upon Captain Hobson, -because his record in the Navy had justified the opinion expressed of -him by Sir Richard Bourke, that he was an experienced and judicious -officer. Moreover, his visit to the country in the _Rattlesnake_ -had given him a local knowledge of which few men of eminence and -character were at that time possessed. There is no reason to suppose -that the appointment was in any way a party one, and except that the -new Consul was the victim of indifferent health, it was probably the -best that could have been made at the time, its greatest justification -being the complete success which attended his mission up to the time -of his early decease.[40] Captain Hobson left England in the H.M.S. -_Druid_ commanded by Lord John Churchill. He went out fortified -for his task by a series of instructions which left little doubt that -if Ministers had been slow to move, they had at least endeavoured to -take a statesman-like view of the position when circumstances -compelled them to act, the breadth of which can be best understood -from the instructions themselves. After adverting to the social -conditions existing in New Zealand, with which Captain Hobson was -perfectly cognisant and which Lord Normanby assured him the Government -had watched with attention and solicitude, the Colonial Secretary -proceeded to explain the attitude which the Government had adopted in -regard to this branch of Imperial policy. - - We have not been insensible to the importance of New Zealand to the - interests of Great Britain in Australia, nor unaware of the great - natural resources by which that country is distinguished, or that its - geographical position must in seasons, either of peace or war, enable - it in the hands of civilised men to exercise a paramount influence in - that quarter of the globe. There is probably no part of the earth in - which colonisation could be effected with a greater or surer prospect - of national advantage. - - On the other hand, the Ministers of the Crown have been restrained by - still higher motives from engaging in such an enterprise. They have - deferred to the advice of the Committee of the House of Commons in - the year 1836 to enquire into the state of the Aborigines residing in - the vicinity of our colonial settlements, and have concurred with - that Committee in thinking that the increase in national wealth and - power, promised by the acquisition of New Zealand, would be a most - inadequate compensation for the injury which must be inflicted on - this kingdom itself by embarking in a measure essentially unjust, and - but too certainly fraught with calamity to a numerous and inoffensive - people whose title to the soil and to the sovereignty of New Zealand - is undisputable and has been solemnly recognised by the British - Government. We retain these opinions in unimpaired force, and though - circumstances entirely beyond our control have at length compelled us - to alter our course, I do not scruple to avow that we depart from it - with extreme reluctance. - - The necessity for the interposition of the Government has, however, - become too evident to admit of any further inaction. The reports - which have reached this office within the last few months establish - the facts that about the commencement of 1838 a body of not less than - two thousand British subjects had become permanent inhabitants of New - Zealand, that amongst them were many persons of bad and doubtful - character,--convicts who had fled from our penal settlements, or - seamen who had deserted their ships,--and that these people, - unrestrained by any law and amenable to no tribunals, were - alternately the authors and victims of every species of crime and - outrage. It further appears that extensive cessions of land have been - obtained from the natives, and that several hundred persons have - recently sailed from this country to occupy and cultivate these - lands. The spirit of adventure having been effectually roused it can - be no longer doubted that an extensive settlement of British subjects - will be rapidly established in New Zealand, and that unless protected - and restrained by necessary loans and institutions they will repeat - unchecked in that quarter of the Globe the same process of war and - spoliation under which uncivilised tribes have almost invariably - disappeared, as often as they have been brought into the immediate - vicinity of emigrants from the nations of Christendom. To mitigate, - and if possible to avert these disasters, and to rescue the emigrants - themselves from the evils of a lawless state of society, it has been - resolved to adopt the most effective measures for establishing - amongst them a settled form of Government. To accomplish this design - is the principal object of your mission. - - I have already stated that we acknowledge New Zealand as a sovereign - and independent state so far at least as it is possible to make that - acknowledgment in favour of a people composed of numerous dispersed - and petty tribes, who possess few political relations to each other, - and are incompetent to act or even deliberate in concert. But the - admission of their rights, though inevitably qualified by this - consideration, is binding on the faith of the British Crown. The - Queen, in common with Her Majesty's predecessor, disclaims for herself - and her subjects every pretension to seize on the Islands of New - Zealand, or to govern them as a part of the Dominions of Great Britain - unless the free intelligent consent of the natives, expressed - according to their established usages, shall be first obtained. - Believing, however, that their own welfare would, under the - circumstances I have mentioned, be best promoted by the surrender to - Her Majesty of a right now so precarious, and little more than - nominal, and persuaded that the benefits of British protection and of - laws administered by British judges would far more than compensate for - the sacrifice by the natives of a national independence which they are - no longer able to maintain, Her Majesty's Government have resolved to - authorise you 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 which they may be willing to place under Her - Majesty's dominion. I am not unaware of the difficulties by which such - a treaty may be encountered. The motives by which it is recommended - are, of course, open to suspicion. The natives may probably regard - with distrust a proposal which may carry on the face of it the - appearance of humiliation on their side, and of a formidable - encroachment on ours: and their ignorance even of the technical - terms in which that proposal must be conveyed, may enhance their - aversion to an arrangement of which they may be unable to comprehend - the exact meaning, or the probable results. These are, however, - impediments to be gradually overcome by the exercise on your part of - mildness, justice, and perfect sincerity in your intercourse with - them. You will, I trust, find powerful auxiliaries amongst the - Missionaries who have won and deserved their confidence; and amongst - the older British residents who have studied their character and - acquired their language. It is almost superfluous to say that, in - selecting you for the discharge of this duty, I have been guided by a - firm reliance on your uprightness and plain dealing. You will - therefore frankly and unreservedly explain to the natives or their - chiefs the reasons which should urge them to acquiesce in the - proposals you will make to them. Especially you will point out to - them the dangers to which they may be exposed by the residence - amongst them of settlers amenable to no laws or tribunals of their - own and the impossibility of Her Majesty extending to them any - effectual protection unless the Queen be acknowledged as the - Sovereign of their country, or at least of those districts within, or - adjacent to which Her Majesty's subjects may acquire lands or - habitations. If it should be necessary to propitiate their consent by - presents, or other pecuniary arrangements, you will be authorised to - advance at once to a certain extent in meeting such demands, and - beyond those limits you will refer them for the decision of Her - Majesty's Government. - - It is not, however, to the mere recognition of the sovereign authority - of the Queen that your endeavours are to be confined, or your - negotiations directed. It is further necessary that the chiefs should - be induced, if possible, to contract with you, as representing Her - Majesty, that henceforward no lands shall be ceded, either - gratuitously or otherwise, except to the Crown of Great Britain. - Contemplating the future growth and extension of a British colony in - New Zealand, it is an object of the first importance that the - alienation of the unsettled lands within its limits should be - conducted from its commencement upon that system of sale of which - experience has proved the wisdom, and the disregard of which has been - so fatal to the prosperity of other British Settlements. With a view - to those interests it is obviously the same thing whether large tracts - of land be acquired by the mere gift of the Government or by purchases - effected on nominal considerations from the aborigines. On either - supposition the land revenue must be wasted, the introduction of - emigrants delayed or prevented, and the country parcelled out amongst - large land-owners whose possession must long remain an unprofitable, - or rather a pernicious waste. Indeed, in a comparison of the two - methods of acquiring land gratuitously, that of grants from the - Crown, mischievous as it is, would be the less inconvenient, as such - grants must be made with at least some kind of system, with some - degree of responsibility, subject to some conditions, and recorded - for general information. But in the case of purchases from the - natives even these securities against abuse must be omitted, and none - could be substituted for them. You will, therefore, immediately on - your arrival announce, by a proclamation[41] addressed to all the - Queen's subjects in New Zealand that Her Majesty will not acknowledge - as valid any title to land which either has been, or shall hereafter - be acquired in that country which is either not derived from or - confirmed by a grant to be made in Her Majesty's name and on her - behalf. You will, however, at the same time take care to dispel any - apprehensions which may be created in the minds of the settlers that - it is intended to dispossess the owners of any property which has - been acquired on equitable conditions, and which is not upon a scale - which must be prejudicial to the latent interests of the community. - Extensive acquisitions of such lands have undoubtedly been already - obtained, and it is probable before your arrival a great addition - will have been made to them. The embarrassments occasioned by such - claims will demand your earliest and most careful attention. - - I shall in the sequel explain the relation in which the proposed - colony will stand to the Government of New South Wales. From that - relation I propose to derive the resources necessary for encountering - the difficulty I have mentioned. The Governor of that country will, - with the advice of the Legislative Council, be instructed to appoint - a Legislative Commission to investigate and ascertain what are the - lands held by British subjects under grants from the natives; how far - such grants were lawfully acquired and ought to be respected; and - what may have been the price or other valuable consideration given - for them. The Commissioners will make their report to the Governor, - and it will then be decided by him how far the claimants, or any of - them, may be entitled to confirmatory grants from the Crown, and on - what conditions such confirmations ought to be made. - -[Illustration: CAPTAIN HOBSON, R.N.] - - The propriety of immediately subjecting to a small annual tax all - uncleared lands within the British settlements in New Zealand will - also engage the attention of the Governor and Council of New South - Wales. The forfeiture of all lands in respect of which the tax shall - remain for a certain period in arrear would probably before long - restore to the demesne of the Crown so much of the waste land as may - be held unprofitably to themselves, and the public, by the actual - claimants. Having by these measures obviated the dangers of the - acquisition of large tracts of country by mere land-jobbers, it will - be your duty to obtain by fair and equal contracts with the natives - the cession to the Crown of such waste lands as may be progressively - required for the occupation of settlers resorting to New Zealand. All - such contracts should be made by yourself, through the intervention - of an officer expressly appointed to watch over the interests of the - aborigines as their protector. The resales of the first purchases - that may be made will provide the funds necessary for future - acquisitions; and beyond the original investment of a comparatively - small sum of money no other resource would be necessary for this - purpose. I thus assume that the price to be paid to the natives by - the local Government will bear an exceedingly small proportion to the - price for which the same lands will be resold by the Government to - the settlers, nor is there any real injustice in this inequality. To - the natives or their chiefs much of the land in the country is of no - actual use, and in their hands it possesses scarcely any exchangeable - value. Much of it must long remain useless, even in the hands of the - British Government also, but its value in exchange will be first - created, and then progressively increased by the introduction of - capital and of settlers from this country. In the benefits from that - increase the natives themselves will gradually participate. - - All dealings with the natives for their lands must be conducted on - the same principles of sincerity, justice, and good faith as must - govern your transactions with them for the recognition of Her - Majesty's sovereignty in the Islands. Nor is this all: they must not - be permitted to enter into any contracts in which they might be - ignorant and unintentional authors of injuries to themselves. You - will not, for example, purchase from them any territory, the - retention of which by them would be essential or highly conducive to - their own comfort, safety, or subsistence. The acquisition of land by - the Crown for the future settlement of British subjects must be - confined to such districts as the natives can alienate without - distress or serious inconvenience to themselves. To secure the - observance of this rule will be one of the first duties of their - Official Protector. - - There are yet other duties owing to the aborigines of New Zealand - which may be all comprised in the comprehensive expression of - promoting their civilisation, understanding by that term whatever - relates to the religious, intellectual, and social advancement of - mankind. For their religious instruction liberal provision has - already been made by the zeal of the Missionaries, and of the - Missionary Societies in this Kingdom, and it will be at once the most - important and the most grateful of your duties to this ignorant race - of men to afford the utmost encouragement, support, and protection to - their Christian teachers. I acknowledge also the obligation of - rendering to the Missions such pecuniary aid as the local Government - may be able to afford, and as their increased labours may reasonably - entitle them to expect. The establishment of schools for the - education of the aborigines in the elements of literature will be - another object of your solicitude, and until they can be brought - within the pale of civilised life, and trained to the adoption of its - habits, they must be carefully defended in the observance of their - own customs, so far as these are compatible with the universal maxims - of humanity and morals. But the savage practices of human sacrifice - and cannibalism must be promptly and decisively interdicted; such - atrocities, under whatever plea of religion they may take place, are - not to be tolerated in any part of the dominions of the British - Crown. - - It remains to be considered in what manner provision is to be made - for carrying these instructions into effect as for the establishment - and exercise of your authority over Her Majesty's subjects who may - settle in New Zealand, or who are already there. Numerous projects - for the establishment of a constitution for the proposed colony have - at different times been suggested to myself and to my immediate - predecessor in office, and during the last session of Parliament, a - Bill for the same purpose was introduced into the House of Commons at - the instance of some persons immediately connected with the - emigrations then contemplated. The same object was carefully examined - by a Committee of the House of Lords. But the common result of all - enquiries, both in this office and in either House of Parliament, was - to show the impracticability of the schemes proposed for adoption, - and the extreme difficulty of establishing at New Zealand any - institutions, legislative, judicial, or fiscal without some more - effective control than could be found amongst the settlers themselves - in the infancy of their settlement. It has therefore been resolved to - place whatever territories may be acquired in the sovereignty by the - Queen in New Zealand in the relation of a dependency to the - Government of New South Wales. I am of course fully aware of the - objections which may be reasonably urged against this measure; but - after the most ample investigation I am convinced that for the - present there is no other practicable course which would not be - opposed by difficulties still more considerable, although I trust - that the time is not distant when it may be proper to establish in - New Zealand itself a local legislative authority. - - In New South Wales there is a Colonial Government possessing - comparatively long experience, sustained by a large revenue, and - constituted in such a manner as is best adapted to enable the - legislative and executive authorities to act with promptitude and - decision. It presents the opportunity of bringing the internal - economy of the proposed new colony under the constant revision of a - power sufficiently near to obtain early and accurate intelligence, - and sufficiently remote to be removed from the influence of the - passions and prejudices by which the first colonists must in the - commencement of their enterprise be agitated. It is impossible to - confide to an indiscriminate body of persons who have voluntarily - settled themselves in the immediate vicinity of the numerous - population of New Zealand those large and irresponsible powers which - belong to the representative system of Colonial Government. Nor is - that system adapted to a colony struggling with the first - difficulties of their new situation. Whatever may be the ultimate - form of government to which the British settlers in New Zealand are - to be subject, it is essential to their own welfare, not less than - that of the aborigines, that they should at first be placed under a - rule which is at once effective and to a considerable degree - external. The proposed connection with New South Wales will not, - however, involve the extension to New Zealand of the character of a - penal settlement. Every motive concurs in forbidding this, and it is - to be understood as a fundamental principle of the new colony that no - convict is ever to be sent thither to undergo his punishment. - - The accompanying correspondence with the Law Officers will explain to - you the grounds of law on which it is to be concluded that by the - annexation of New Zealand to New South Wales the powers vested by - Parliament in the Governor and Legislative Council of the older - settlement might be exercised over the inhabitants of the new colony. - The accompanying Commission under the Great Seal will give effect to - this arrangement, and the warrant which I enclose under Her Majesty's - sign manual will constitute you Lieut.-Governor of that part of the - New South Wales colony which has thus been extended over the New - Zealand Islands. These instructions you will deliver to Sir George - Gipps, who on your proceeding to New Zealand will place them in your - hands to be published there. You will then return it to him to be - deposited amongst the archives of the New South Wales Government. - - In the event of your death or absence the officer administering the - Government of New South Wales will, provisionally, and until Her - Majesty's pleasure can be known, appoint a Lieut.-Governor in your - place, by an instrument under the public seal of his Government. - - It is not for the present proposed to appoint any subordinate - officers for your assistance. That such appointments will be - indispensable is not, indeed, to be doubted. But I am unwilling at - first to advance beyond the strict limits of the necessity which - alone induces the Ministers of the Crown to interfere at all on this - subject. You will confer with Sir George Gipps as to the number and - nature of the official appointments which would be made at the - commencement of the undertaking and as to the proper rate of their - emoluments. These must be fixed with the most anxious regard for - frugality in the expenditure of public resources. The selection of - the individuals by whom such offices are to be borne must be made by - yourself from the colonists either of New South Wales or New Zealand, - but upon the full and distinct understanding that their tenure of - office, and even the existence of the offices which they are to hold - must be provisional and dependent upon the future pleasure of the - Crown. Amongst the offices thus to be created, the most evidently - indispensable are those of a Judge, a Public Prosecutor, a Protector - of the Aborigines, a Colonial Secretary, a Surveyor-General of Lands, - and a Superintendent of Police. Of these, the Judge alone will - require the enactment of a law to create and define his functions. - The Act now pending in Parliament, for the revival, with amendments, - of the New South Wales Act will, if passed into law, enable the - Governor and Legislative Council to make all necessary provision for - the establishment in New Zealand of a Court of Justice and a judicial - system separate from and independent of the existing Supreme Court. - The other functionaries I have mentioned can be appointed by the - Governor in the unaided exercise of the delegated prerogative of the - Crown. Whatever laws may be required for the Government of the new - colony will be enacted by the Governor and Legislative Council. It - will be his duty to bring under their notice such recommendations as - you may see cause to convey to him on subjects of this nature. The - absolute necessity of the revenue being raised to defray the expenses - of the Government of the proposed settlement in New Zealand has not, - of course, escaped my careful attention. Having consulted the Lords - of the Treasury on this subject I have arranged with their Lordships - that until the sources of such revenue shall have been set in action, - you should be authorised to draw on the Government of New South Wales - for your unavoidable expenditure. Separate accounts, however, will be - kept of the public revenue of New Zealand and of the application of - it and whatever debt may be contracted to New South Wales, must be - replaced by the earliest possible opportunity. Duties of impost on - tobacco, spirits, wine, and sugar will probably supersede the - necessity of any other taxation, and such duties except on spirits - will probably be of a very moderate amount. - - The system at present established in New South Wales regarding land - will be applied to all the waste lands which may be kept by the Crown - in New Zealand. - - Separate accounts must be kept of the Land revenue, subject to the - necessary reductions for the expense of surveys and management, and - for the improvement by roads and otherwise the unsold territory, and - subject to any deductions which may be required to meet the - indispensable exigencies of the local Government. The surplus of this - revenue will be applicable, as in New South Wales, to the charge of - removing emigrants from this kingdom to the new colony. - - The system established in New South Wales to provide for the - religious instruction of the inhabitants has so fully justified the - policy by which it was dictated that I could suggest no better means - of providing for this all-important object in New Zealand. It is, - however, gratifying to know that the spiritual wants of the settlers - will, in the commencement of the undertaking, be readily and amply - provided for by the Missionaries of the Established Church of England - and of other Christian communions, who have been so long settled in - those Islands. It will not be difficult to secure for the European - inhabitants some portion of that time and attention which the - Missionaries have hitherto devoted exclusively to the aborigines. - - I enclose, for your information and guidance, copies of a - correspondence between this department and the Treasury, referring - you to Sir George Gipps for additional instructions as may enable you - to give full effect to the view of Her Majesty's Government on the - subject of finance. You will observe that the general principle is - that of maintaining in the proposed colony a system of revenue, - expenditure, and account entirely separate from that of New South - Wales, though corresponding with it as far as that correspondence can - be maintained. - -After briefly describing the rules to be observed by Captain Hobson in -conducting his correspondence with his immediate superior, Governor -Gipps, and the Colonial Office, Lord Normanby concluded his -instructions as follows: - - I have thus attempted to touch on all the topics on which it seems to - me necessary to address you on your departure from this country. Many - questions have been unavoidably passed over in silence, and others - have been adverted to in a brief and cursory manner, because I am - fully impressed with the conviction that in such an undertaking as - that in which you are about to engage much must be left to your own - discretion, and many questions must occur which no foresight could - anticipate or properly resolve beforehand. Reposing the utmost - confidence in your judgment, experience, and zeal for Her Majesty's - service, and aware how powerful a coadjutor and how able a guide you - will have in Sir George Gipps, I willingly leave for consultation - between you many subjects on which I feel my own incompetency, at - this distance from the scene of action, to form an opinion.[42] - -The publication of this document brought down upon the head of the -Minister a storm of criticism from the committee of the New Zealand -Company, who attacked with especial bitterness that portion of the -instructions wherein Lord Normanby made it especially clear that -Britain claimed no right of sovereignty in or over New Zealand. In the -previous year, when the Company was promoting its Bill in the House of -Commons, and when the organisation was less mercenary in its nature, -the promoters had taken a modified view of this question of -sovereignty, and were prepared to concede something to the natives -which, as a Company, they were now eager to deny. - -[Illustration: THE MISSION CHURCH AT KORORAREKA. - -Where Captain Hobson read his Proclamations.] - -This earlier attitude was admirably expressed by the Rev. Dr. Hinds, -who in discussing the matter before the Committee of the House of -Lords, boldly stated that he believed civilised people had a right--an -inherent right--over countries that have not been subject to -civilisation, whether those countries were uninhabited or partially -inhabited by savages who were never likely themselves to cultivate the -country. "Here," he said, "is a country considered to be populous for -a savage country. According to an estimate made by a respectable -Missionary of the C.M.S. the inhabitants of the Northern Island amount -to about 105,000. This Northern Island is probably about the size of -England, and this its population of 105,000 stated to be decreasing in -number without the least chance of their becoming cultivators or -sovereigns of the soil. I hold it not to be an infringement of any -natural rights to claim the sovereignty of the Island, and this is a -claim which until lately would never have been questioned. There has -been often a question as to the mode in which sovereign rights over -savage countries should be distributed among civilised people, but it -has been a question between one civilised country and another. -Formerly the Pope used to claim the disposal of sovereignty. -Subsequently it has been more conveniently settled by allowing the -priority of claim to the first discoverers--a course as convenient -probably as can be advised. Within the last few years, however, the -justice of this claim has been questioned, and it has been asserted -that savage as well as civilised men have sovereign rights. I do -not, myself, think they have; but it has been the wish of the -Association not to offend any scruples, and therefore they have -carefully in this Bill waived the question, and allowed the claim to a -sovereign right of some kind to exist in those savages. I say a -sovereign right of some kind, because it is clear in the instance just -mentioned, the giving the flag to the Bay of Islands, that the very -assumption on the part of Great Britain of a right to give that flag -supposes the New Zealanders not to be altogether a sovereign power. -Many probably who may be willing to cede to them the right of -sovereignty as far as concerns themselves would not go to such lengths -as to say that Great Britain should not cede the sovereignty as -regards any right which may be put in by other nations; and I do not -know on what principle we should draw a distinction, and say how much -or how little of this right of sovereignty we should claim. The French -have been attracted by the flax: suppose they were to say 'If you -relinquish your rights of sovereignty we will put in our claim, we -stand next,' or the Dutch may say so. I do not know which visited the -country first, but I cannot see on what principle we could interfere -with the French or Dutch unless we contend that we had some disposal -over the sovereignty of the Islands. The question, however, has been -waived in the Bill; we suppose the New Zealanders and not Great -Britain to be in possession of the right of sovereignty, and we -propose accordingly that a purchase should be made of the sovereignty -as well as the fee simple of the land. We have some precedents for -this. I do not know whether it is of consequence to bring forward -precedents, but even at a late period a purchase of this kind has been -made; Sir Stafford Canning took possession in 1815 of Singapore; it -was at that time in possession of the Malays, the subjects of the -Sultan of Jahore. In 1825 he found, I think, some inconvenience -arising from the Sultan's claims, and the English bought the Domain of -the Sultan for a sum of money, and so clear was the understanding -about it, that the Sultan made some reservations; some exceptional -laws, as they are called in this Bill, were made. There was a clause -that the Sultan's slaves should not be emancipated, and certain lands -were reserved and became entailed property and inalienable. When Penn -purchased Pennsylvania he no doubt understood he purchased the -sovereignty as well as the fee simple of the land, for I can conceive -no one mad enough to found a colony in the midst of barbarians without -securing the colonists against their interference as sovereigns. -Vattel certainly speaks of Penn's treaty as if he understood him to -have purchased the sovereign rights as well as the fee simple. These -are precedents which may not be considered as carrying any great -authority. The question has not been very much discussed; it has been -taken for granted, and I think with reason, that the savage is in a -state of pupilage, and must be treated as we treat children. The only -principle which it is important to maintain is this: If you go into a -country at all inhabited by savages and take possession of their land -and become sovereigns of it, you infringe their rights if you do not -consider their benefit as well as your own. If you were treating with -a child you would not infringe the rights of that child simply by -acting and deciding for him, but you would infringe his rights if you -acted and decided for your benefit and not his. So with respect to -savages; they are compared with civilised men, like children. They are -of themselves incapable of acquiring the arts and habits of civilised -life; unless some interference that amongst civilised men would be -considered unjust, takes place, they never can, by themselves, rise to -that higher condition. The injustice to be deprecated is that of -seeking our own benefit solely and not theirs; and with respect to the -New Zealanders our purchase of the sovereignty of their country ought -not to be represented as being the same kind of bargain as if the -French, for instance, were bargained with to cede the sovereignty over -any portion of their territory. When the French ceded their sovereign -rights over Martinique, Guadaloupe, and the Mauritius, they strictly -ceded all their sovereign rights; but in the present instance what is -meant by the cession of sovereignty amounts to this--that we purchase -the right to participate in the sovereignty with them; we do not wish -to exclude them, but pay them a price to partake in the sovereignty -with them. Of course, in the first instance, the civilised man will be -the only sovereign, but that is because he only will be fit and -capable of exercising sovereign rights. As the savage advances in -civilisation he will come in for his share; and I see no reason, as -soon as the New Zealander is capable of it, against his being Chief -Justice, Governor, or Bishop, or holding any other office. It is not -therefore that we take the sovereignty from him; we purchase the right -of participating with him in the sovereignty, and by so doing we -enable him to become Sovereign of the country, which he is not at -present." - -In the meantime the Government had unmistakably demonstrated their -intention not to recognise the Company, and with all hope of political -patronage gone the Company saw no reason why they should spare the -Government. There was now in their opinion no possible room to doubt -that the sovereignty over New Zealand rested in Great Britain, and -that the Colonial Department was betraying a national trust in -conceding any rights to the natives, thereby opening the door to -foreign intervention. They first showered their protests against this -supposed surrender of a national asset upon the Colonial Office, but -when they discovered themselves ignored in this direction they turned -with renewed complaint to the Foreign Minister. "We are assured," they -wrote to him, on November 7, 1839, "that this question of the -sovereignty of New Zealand engages the attention of various commercial -bodies and a large portion of the public press in France; that the -sovereignty in England is denied; that the French Government is urged -either to join in that denial, by protesting against the colonisation -of the Islands by England, or to claim an equal right with England to -plant settlements there. We are not without fear that some such -protest or claim should be admitted by your Lordship's Department, as -it appears to have been admitted by the Colonial Department. It -appears that the agitation of this question in France has been -produced by the publication of a Minute of the British Treasury made -at the instance of the Colonial Department (July 19), and also of an -extract of certain instructions recently given by that Department to -Captain Hobson,--two documents by which the Crown of England seems to -repudiate the sovereignty of New Zealand. The apparent repudiation -consists of an acknowledgment of sovereignty in the native chiefs from -whom Captain Hobson is instructed to procure, if possible, a cession -to Her Majesty. It is this acknowledgment, according to all our -information, which has given occasion to the pretensions now urged in -France.[43] That which England, it is contended, instructs her officer -to procure, if possible, she admits she does not possess, and she -thereby admits the right of France either to obtain sovereign -jurisdiction in New Zealand, by the means which Captain Hobson is -instructed to employ, or if France should prefer that course, to -sustain the independent sovereignty of the natives. The argument -appears conclusive. It becomes very important, therefore, if it is of -great importance to England, to prevent the establishment of a French -power in the midst of the English colonies of Australasia that your -Lordship should be made aware of the acts of the British Crown which -lead to a conclusion directly at variance from that which may be drawn -from the said minute and instructions." - -The Company's nominal[44] advocate on this occasion was their -Deputy-Governor, Mr. Somes, who apparently possessed a faculty for -stating strongly a weak case; and in the course of this letter to Lord -Palmerston he taxed his ability to show that the right of sovereignty -in New Zealand had vested in Britain since the discovery of the -Islands by Captain Cook; that it had been confirmed by numerous -diplomatic acts in all the years since then, and could not now be -abandoned on the mere whim of a Minister. - -During the course of his trenchant review of the position Mr. Somes -declared that the sovereignty of England in New Zealand had been over -and over again asserted and exercised. Whether it could be -subsequently abandoned by such documents as the Treasury Minute and -instructions was a question in constitutional and international law on -which his Lordship was of course far more competent to judge than they -could pretend to be. But that there was recently a British sovereignty -either to maintain or to abandon the Company had no sort of doubt. He -pointed out that in the year 1769, Captain Cook, acting under a -commission from the Crown of England, took possession of the Islands -of New Zealand, in the name of His Majesty, George III. This act was -performed in the most formal manner, and was published to the world. -"We are not aware," he wrote, "that it was ever questioned by any -foreign power. It constituted sovereignty by possession. The Law of -Nations, we believe, recognises no other mode of assuming dominion in -a country, of which the inhabitants are so barbarous as to be ignorant -of the meaning of the word sovereignty, and therefore incapable of -ceding sovereign rights. This was the case with the New Zealanders, -from whom it would have been impossible for Captain Cook to have -obtained, except in mockery of truth, a British sovereignty by -cession. Sovereignty by possession is that which the British Crown -maintains in a large portion of its foreign dependencies. In this -year, 1787, a Royal Commission was granted to Captain Philip -appointing him in pursuance of the British sovereignty in -possession, which had previously been established by Captain Cook, -"Captain-General and Governor-in-Chief in and over the territory of -New South Wales and its dependencies." This territory was described in -the commission as "Extending from Cape York, latitude 11° 37´ south, -to the South Cape, latitude 43° 30´ south, and inland to the westward -as far as 135° east longitude, comprehending all the Islands adjacent -in the Pacific Ocean, within the latitudes of the above-named capes." -This is the Act by which the Crown first assumed the Government of -New South Wales and the other barbarous lands of which Captain Cook -had taken possession in the name of the King. The Islands of New -Zealand are as clearly within the prescribed limits as Norfolk Island, -Van Dieman's Land, or even New South Wales itself. On November 9, -1814, the Governor and Captain-General of New South Wales and its -dependencies, acting on the representation of the Crown, by public -proclamation, declared New Zealand to be a Dependency of his -Government, and by regular commission of _dedimus potestatem_ -appointed Justices of the Peace to act there. Some of the Magistrates -so appointed were aboriginal natives of the country. It is plain that -they were treated as British subjects. In 1819 again Governor -Macquarrie appointed an English Magistrate in New Zealand. This -Justice of the Peace exercised the authority so bestowed on him by -apprehending offenders and sending them for trial to the seat of -Government. In 1823 a British Act of Parliament (4 George IV. cap. 96) -extended the jurisdiction of the Courts of New South Wales to New -Zealand by name, and also to other places in the Southern Pacific not -within the latitudes previously mentioned. Under this authority -several persons, we understand, have been tried in New South Wales for -offences committed in New Zealand, and we have been informed that -property in New Zealand, as well real as personal, has been made the -subject of the Bankruptcy law of New South Wales. The authority of the -British Crown was frequently enforced by means of ships of war, and -although it cannot be asserted that regular government was ever -established in New Zealand, far more than was essential to creating -British dependency seems to have been performed. The Islands thus -continued in a state of dependency until the year 1831, when a series -of proceedings commenced by which the sovereignty of Britain may -perhaps have been forfeited. An officer was appointed to reside at the -Bay of Islands. He presented to certain native chiefs, as from the -Crown of England, what was termed "a national flag." This might have -been considered a transfer to these chiefs of the British -sovereignty, if the Resident had not been 'accredited' to certain -officers of the Church Missionary Society, then settled at the Bay of -Islands. By the latter act the sovereignty of the Islands would almost -seem to have been transferred to these Missionaries. But in October -1835 this diplomatic agent assembled certain native chiefs residing in -the Northern part of the North Island, called them a "Confederation," -and sanctioned a declaration of Native Independence, to which their -names were appended. This last act appears, by all accounts, to have -been a mere mockery of its ostensible purport. The tribes of New -Zealand are so entirely distinct, so utterly destitute of nationality, -as to have no name for the whole country which they inhabit. A -national name was invented for this occasion--the words _Na Terrene_ -which express the native pronunciation of the English words "New -Zealand." The only parties besides to the so-called Declaration of -Independence were the chiefs of a few tribes then inhabiting a small -part of one of the Islands. These even, inasmuch as their language -contains no words to express nationality, sovereignty, or -independence, must have been unconscious instruments of the Resident, -or of the Missionaries, to whom that officer was accredited, as if -they (the Missionaries) had been the sovereigns of New Zealand. If -indeed the sovereignty was delegated to the Missionaries they could, -being British subjects, have held it as trustees for the Crown. If the -sovereignty of the natives was then acknowledged it extended only to a -small part of one Island inhabited by the parties to the Declaration. -And in either case this mockery of an independent sovereign -nationality has been set at naught by the power in whose name it took -place, inasmuch as the jurisdiction of British law, and the armed -authority of British warships have been exercised since in the same -way as before the Bay of Islands' Declaration of Independence. - -"I beg leave," continued Mr. Somes, "to assure your Lordship in the -name of my colleagues that we intrude on you with the greatest -reluctance. But we have felt that it was incumbent on us especially -during the recess of Parliament to convey to your Lordship the -information that we have received as to the state of feeling in France -on this subject, so that if unhappily the British sovereignty of New -Zealand were lost it should be through no fault of ours. We fear that -the measures recently adopted by the Colonial Department may, unless -promptly remedied, lead to very disastrous results. We are deeply -concerned for the fate of a large and most respectable body of our -countrymen, who have emigrated under our auspices. Connected as -several of us are with the commercial and shipping interests of the -country, and knowing therefore how much importance they attach to the -British possession of New Zealand, as they have frequently stated in -memorials to the Treasury and Board of Trade, we have felt that it was -a duty to express to your Lordship the apprehensions which we -entertain. We have been told that a French frigate recently sailed for -the South Seas with sealed orders, and some of the French newspapers -report, with expressions of satisfaction, that the Government of the -United States of America has appointed a Consul in New Zealand, to be -accredited to 'the Confederation of chiefs,' and has sent him to his -destination in a man-of-war, which is to remain under his orders. -These statements may be untrue, or only premature, but in either case -Captain Hobson's instructions which attach two conditions, either or -both of which may be unattainable, to the exercise of any authority by -him in New Zealand, namely possession of the land by British subjects, -and cession by the natives of the sovereignty over such land, are -calculated to invite foreign pretensions which otherwise would never -have been imagined." - -This protest was taken most philosophically by Lord Palmerston, who -merely passed it on to Lord John Russell, who had now succeeded Lord -Normanby at the Colonial Office. Lord John treated it even more -philosophically, for it was not for several months (March 11, 1840) -that he deigned to reply, and then only after he had been reminded of -the omission by the Foreign Office. In the meantime all need of -further argument had been obviated by the success of Captain Hobson's -mission, and so the Colonial Secretary wasted no words in rhetoric, -but forwarded to his colleague a memorandum couched in concise -official terms, setting out in sequence the events which in the light -of International law would be used as evidence against any claim to -British sovereignty, and which contained all the information it -appeared necessary to afford in answer to the communication from Mr. -Somes. - -It is easy to understand the indignation of the Company on learning of -the Minister's repudiation of British sovereignty in New Zealand, -because it sapped the very foundations of their scheme, seeing that it -was illegal for British subjects to establish colonies outside the -limits of the Empire without the sanction of the Crown. They had -always presupposed the existence of a British sovereignty over New -Zealand and upon that supposition all their calculations had been -built. Now the basis of their building had gone, they adroitly -pretended that what grieved them was not so much their loss as that -the repudiation of British authority was a national calamity, and that -what was the neglect of Britain became the opportunity of France. - -The position taken up by the Government was, however, perfectly sound, -and was the only logical one they could occupy. Whether previous -Governments had acted wisely and well in declining to embrace the -opportunity to colonise which Cook's discovery had opened to them, may -be a debatable question, but the fact at this date was that the golden -opportunity had passed, and that by subsequent diplomatic acts, -deliberately taken, the independence of the Maori people had been -clearly and emphatically acknowledged. "The answers," wrote Lord John -Russell to Lord Palmerston, "which would be made by foreign nations to -such a claim as that put forward by Mr. Somes are two. First that the -British Statute Book has, in the present century, in three distinct -enactments, declared that New Zealand is not a part of the British -Dominions, and secondly that King William IV. made the most public, -solemn, and authentic declaration which it was possible to make that -New Zealand was a substantive and independent state. The resolution by -the King, Lords, and Commons of Great Britain of the fact that New -Zealand is not a part of the British Dominions will be found in the -Statutes 57 George III. cap. 53, 4 George IV. cap. 96, sec. 3, and -9 George IV. cap. 83, sec. 4." - -The Act of 57 George III. cap. 53 is entitled "An Act for the more -effectual punishment of murders and manslaughters committed in places -not within His Majesty's dominions." It sets forth--"Whereas grievous -murders and manslaughters have been committed at the settlement of the -Bay of Honduras in South America, etc.," "and the like offences have -also been committed in the South Pacific Ocean, as well on the high -seas as on land, in the Islands of New Zealand and Otaheite, and in -other Islands, countries, and places not within His Majesty's -dominions, by the Masters and crews of British ships, and other -persons who have for the most part deserted from or left their ships, -and have continued to live and reside amongst the inhabitants of those -Islands, etc.," and the Act then provides for the punishment of -offences so committed "in the said Islands of New Zealand and -Otaheite, or within any other Islands, countries, or places, not -within His Majesty's dominions, nor subject to any other European -State or power," etc. - -The Statute 4 George IV. cap. 96, sec. 3 enacts that the Supreme -Courts in the colonies of New South Wales and Van Dieman's Land may -try offences "committed in the islands of New Zealand, Otaheite, or -any other Island, country, or place, situate in the Indian or Pacific -Oceans, and not subject to His Majesty or to any European State," if -such offences were committed by British subjects. - -The Statute 9 George IV. cap. 83, sec. 4 repeats that enactment in the -same words, adding only that the punishment of the offence shall be -the same as if the crime had been committed in England. - -The recognition by King William IV. of New Zealand as a substantive -and independent state is shown in the following narrative: - -"On November 16 a letter to King William IV. from thirteen of the -chiefs of New Zealand was transmitted to Lord Goderich, praying the -protection of the British Crown against the neighbouring tribes and -against British subjects residing in the Islands. On June 14, 1832, -Lord Ripon despatched Mr. Busby as British Resident, partly to protect -British Commerce, and partly to repress the outrages of British -subjects on the natives. His Lordship sent with Mr. Busby a letter to -the chiefs, in which the King was made to address them as an -independent people. Their support was requested for Mr. Busby, and -they were reminded of the benefits which they would derive from 'the -friendship and alliance with Great Britain.' - -"In the month of June 1832 a Bill was brought into the House of -Commons for the prevention of crimes committed by His Majesty's -subjects 'in New Zealand, and in other Islands in the Pacific not -being within His Majesty's dominions.' The Bill was rejected because -Parliament could not lawfully legislate for a foreign country. - -"On April 13, 1833, the Governor of New South Wales, in obedience to -Lord Ripon's (formerly Lord Goderich) orders, addressed instructions -to Mr. Busby, in which New Zealand was expressly mentioned as a -foreign country, and Mr. Busby himself as being accredited to the -chiefs. That document throughout assumes the independence of New -Zealand. - -"On April 29, 1834, General Bourke transmitted to Lord Stanley a -proposal from Mr. Busby for establishing a national flag for the -tribes of New Zealand, 'in their collective capacity,' and advised -that ships built in the Island and registered by the chiefs should -have their registers respected in their intercourse with British -possessions. Sir R. Bourke reported that he had sent three patterns of -flags, one of which had been selected by the chiefs; that the chiefs -had accordingly assembled with the commanders of the British and three -American ships, to witness the inauguration of the flag, at which the -officers of H.M.S. _Alligator_ were also present. The flag had been -declared to be 'the national flag' of New Zealand, and being hoisted, -was saluted with twenty-one guns by the _Alligator_, a British -ship-of-war. - -"On November 21, 1834, a despatch was addressed to Sir Richard Bourke -by Lord Aberdeen, approving of all these proceedings in the name of -the King, and sending a copy of a letter from the Admiralty, stating -that they had instructed their officers to give effect to the New -Zealand Registers, and to acknowledge and respect the national flag of -New Zealand. - -"If these solemn Acts[45] of Parliament, and of the King of Great -Britain, are not enough to show that the pretension made on behalf of -Her Majesty by this Company is unfounded, it might still further be -repelled by a minute narrative of all the relations between New -Zealand and the adjacent British colonies. It is presumed, however, -that after the preceding statement it would be superfluous to -accumulate arguments of that nature and the rather because they could -not be intelligibly stated without entering into long and tedious -details." - -While this discussion was proceeding in England, Captain Hobson was -happily on his way to Sydney, with his instructions rendered still -more explicit[46] by further explanation from Lord Normanby, thus -eliminating, as far as human forethought could provide, the -possibility of misunderstanding as to the extent of his authority, or -to the sincerity of the broad humanitarian principles which were to -govern his conduct towards the natives. - -Reaching Sydney late in December 1839[47] he immediately reported -himself to Sir George Gipps, who entered into the spirit of the -enterprise with his characteristic enthusiasm for the service of the -Empire. During their official negotiations the final arrangements were -completed agreeably to the intentions of the Colonial Secretary. -Captain Hobson was placed in the possession of the Proclamation under -the Great Seal, by which the Government of New South Wales was -extended to any territory which might be acquired as the result of -Hobson's mission "in those Islands commonly called New Zealand." -Simultaneously he was presented with his own Commission as -Lieutenant-Governor of any such territory, and with the proclamations -he was to issue in New Zealand, as circumstances rendered necessary or -advisable. He was also placed in possession of further instructions -from Sir George Gipps, who laid special stress upon the financial -relations existing between the two colonies. "My responsibility for -the due expenditure of the public money of this colony," he said, "is -one of which I cannot divest myself, and where responsibility is there -also must be control. The extent to which establishments are to be -erected in New Zealand, the salaries to be paid to public officers, -and the expenditure of public money on public works, must for the -present be fixed by myself on estimates and reports or proposals to be -forwarded by you." Close enquiry was also made into the legal question -which Captain Hobson had raised with Lord Normanby when seeking fuller -information regarding his powers of administration. Hobson desired the -power to appoint and suspend Magistrates; to pardon offences and remit -sentences, and to exercise original control, which the insular position -of New Zealand seemed to demand, but which was seldom conferred upon -those holding the subordinate office of Lieutenant-Governor. To this -request Lord Normanby had replied that all the powers necessary for -the proper conduct of his office would be conferred upon him by acts -of the Governor and Legislature of New South Wales. Hobson was -unconvinced, but deferentially refrained from pitting his lay opinion -against that which he naturally assumed was based upon the wider -knowledge possessed by the Department. Sir George Gipps had no such -reservations, and at once declared his inability to delegate to -another powers which had only been delegated to him. - -In communicating his final instructions to the Lieutenant-Governor, -Gipps wrote: "With respect to certain powers or prerogations of the -Crown, with which Governors of colonies are usually entrusted, it is -necessary for me to point out to you that though I am myself -authorised by Her Majesty to exercise them in her name, and on her -behalf, I have no power to delegate the exercise of them to another. -From this, which is an inherent maxim in law, it will, I believe -follow: - -"(1) That you will not have power to pardon offences, or to remit -sentences pronounced on offenders in due course of law, though you may -stay the execution of the law. - -"(2) That you will not be authorised to suspend officers holding -appointments direct from Her Majesty, though you may recommend to me -the suspension of them. With respect to persons holding appointments -from me you will have the power of suspension, and over such as hold -appointments from yourself a power of dismissal unless they may have -been previously recommended by you for confirmation in the service, in -which case your power will extend only to suspension. - -"(3) You will not have power of appointing Magistrates, though of -course you will recommend to me such persons as you may think fit to -be appointed. - -"(4) In the event of the enrolment of a militia, the same will hold -good respecting the appointment of officers." - -A staff of officials for the due conduct of the civil business of the -country was also appointed,[48] even to a small force of policemen, -and with an almost prophetic punctiliousness for detail, a Commission -was prepared for his successor in the event of Hobson's death, so that -there might be no break in the continuity of official control. - -With these preliminaries settled, Governor Gipps, on January 14, -issued three proclamations: (1) extending the boundaries of New South -Wales to New Zealand; (2) proclaiming Captain Hobson Lieutenant-Governor -of those Islands, and "calling upon all British subjects to the aiding -and assisting of the said William Hobson in the exercise of his said -duty"; (3) to put an end to the speculation in New Zealand lands then -being openly carried on in Sydney. - -The _Herald_, a frigate of twenty guns, commanded by Captain -Nias, lay in Spring Cove, waiting to convey the Queen's representative -and his party to New Zealand.[49] At six o'clock on the evening of -Saturday the 18th the staff appointed to accompany the Consul joined -the vessel, and at a somewhat later hour Captain Hobson himself went -on board. Under the influence of a fine N.E. wind, a full moon shining -down upon the harbour, the _Herald_ left Port Jackson and headed -for the Bay of Islands. Fine weather was experienced in the Tasman Sea -and on Sunday the 26th, while a gentle breeze filled the sails and -soft zephyrs whispered through the cordage, Captain Nias conducted -Divine service on the gun deck, which was attended by the whole ship's -company, and "a more beautiful and impressive scene I never -witnessed," is the description of the ceremony given by Mr. Felton -Mathew, who was coming with Hobson as the Surveyor-General to the new -colony. At daylight on the following morning the Three Kings were -sighted, and shortly after the mainland came into view. Two days were -spent in beating up the coast, and again at daylight on the 29th, the -_Herald_ entered the Bay of Islands, drifting with the tide, there -being not a breath of wind. All the morning was spent in this tedious -process, and it was not till eleven o'clock that the anchor was cast -in front of the little town of Kororareka.[50] Across the Bay the -Union Jack was flying in front of Mr. Busby's residence, but what most -attracted the attention and excited the interest of those on board was -the French tricolour floating from a staff upon the hill-side above -the township. "What this may indicate," wrote Mr. Mathew in his diary, -"we have yet to learn--whether it is merely a French Missionary -establishment or whether a French frigate is at anchor in the Bay and -has anticipated us, we shall soon discover." - -[40] Captain Hobson had acquired some distinction in the Navy by the -capture of a band of pirates in the Mediterranean, the personal -bravery displayed by him on that occasion being decidedly meritorious. -He was afterwards engaged with the sloop-of-war _Rattlesnake_, -and first attracted political notice by his report to the Government -on the state of Society in New Zealand. Major Bunbury, who had -considerable personal knowledge of him, describes him as an officer -who wrote a good despatch, was fluent of speech, and was not without -abilities, but had not the necessary grasp of thought to seize the -main point of a question--to separate the grain from the chaff. He was -very jealous of his authority and obstinate, particularly as disease -made encroachment on his frame and intellect. He was of social habits -and had the faculty of making private friends and also of creating -public enemies. Mrs. Hobson is described as "an interesting person." - -[41] This Proclamation was not enclosed amongst the official -correspondence delivered to Captain Hobson upon his leaving England, -and the deficiency was supplied by one drafted by Sir George Gipps and -his Executive. - -[42] _Vide_ his instructions to Captain Hobson, August 14, 1839. - -[43] The _Journal de Havre_ was particularly active in discussing -New Zealand at this time. - -[44] It is suggested that the real advocate was Edward Gibbon -Wakefield. - -[45] These Acts were quoted as evidences of Britain's repudiation of -sovereignty in New Zealand, by M. Guizot, the French Foreign Minister, -during the debate on the sovereignty question in the Chamber of -Deputies on May 29, 1844. - -[46] After perusing the original draft of his instructions, Captain -Hobson referred several matters therein back to the Minister for -further explanation, and on August 15, 1839, Lord Normanby replied in -a memorandum which amplified his intentions, but in no way changed -their spirit. - -[47] On arrival at Sydney Captain Hobson was waited on by a deputation -of New Zealand landowners, who requested to know his views regarding -their lands. With his answers to their questions the deputation was in -general satisfied, as he encouraged them to occupy their lands and -proceed with their improvements. Subsequently an address of Welcome -was presented to him at Government House, and he appeared highly -flattered by the compliment paid him. - -[48] "Captain Hobson is accompanied by several officers, selected for -their known incompetency by Sir George Gipps. What assistance he is to -expect from these persons I do not know, but they are evidently sent -to New Zealand because Sir George Gipps has no use for their services -here, and was consequently anxious to get rid of them." Dr. Martin's -_New Zealand Letters_. - -[49] The ship _Westminster_ was also engaged to convey stores to -New Zealand so soon as word should be received of the success of -Captain Hobson's mission. The _Westminster_ reached the Bay of -Islands on March 17, 1840, bringing with her Mr. and Mrs. Burrows and -Mr. and Mrs. Matthew for the C.M.S. Mission. - -[50] I am indebted to Mr. H. M. Stowell (Hare Hongi) for the following -note on the origin and meaning of _Kororareka_; the ancient name -of the town of Russell. - -_Kororareka_ has several original native names: - -1. _O-kiato_: _kiato_ means confined, of circumscribed area; -and this describes its situation exactly. - -2. _Wai-taha-rua_: This means, two-sided water, or, the double -waterside. This also describes its situation for it has a fine -frontage to the Bay itself, and an arm of the Bay runs up to its -back-door (so to speak). - -3. _Kororareka_: _Korora-reka_, means Sweet-penguin. This -has remained its favourite name, and it originated in the following -incident: An old high chief lay here dying. He expressed a wish to -taste a little of the penguin bird before dying. Now this bird is a -rarity in those waters. So many young men of the tribe went off in -their canoes and scoured the headlands, isles, and islets for miles -around the Bay. At length two young men were fortunate enough to -discover a penguin, a real _Korora_, or blue penguin, which they -managed to capture. They hastened back with their catch, and the bird -was feathered and cleaned and boiled in the ancient manner of boiling. -This was to place the bird in a deep wooden bowl, cover it well with -water, and keep that water boiling by dropping red-hot stones in it -from an oven by its side. - -The bird being cooked in this way was served up to the old chief, but -being unable to chew or to eat any portion he begged for a little of -the water (soup) in which it had been boiled. This was brought to him, -and having been assisted to a partially seated position he drank some -of the "soup," after which he sank back on his pillow, murmured: -"_Ka reka te Korora_" and immediately expired. Now, _Ka reka te -Korora_, means: How _sweet_ is the Penguin. - - - - -CHAPTER IV - -THE MAORI MAGNA CHARTA - - -So soon as the _Herald_ was come to anchor she was boarded by Mr. -Busby and three of the resident Missionaries, from whom Captain Hobson -learned that his apprehensions regarding French occupancy were -groundless, the tricolour on the hill indicating no more than the -whereabouts of Bishop Pompallier's church. One of the visitors who had -come thus early to pay his respects to the new Governor was Mr. -Colenso, with whom Captain Hobson entered into an arrangement for the -printing, at the press of the Church Missionary Society, of circular -letters inviting the chiefs to meet him at Mr. Busby's residence at -Waitangi on the following Wednesday, for the purpose of discussing the -proposals of the British Government; and to all the British residents -requesting their presence at the Mission church at Kororareka on the -following day, there to hear Her Majesty's Commission under the Great -Seal, extending the limits of the colony of New South Wales, and also -Her Majesty's Commission under the Royal signet and Sign manual, -appointing Captain Hobson as Lieutenant-Governor over such part of -that colony as might be acquired in Sovereignty in New Zealand. These -invitations were in circulation on the following morning, messengers -being despatched to inform the chiefs, while the European residents -perused the notice issued to them with marked interest and mixed -feelings. During the afternoon Captain Hobson, accompanied by Captain -Nias and his officers, landed on the Kororareka beach, and walking to -the church there read his Letters Patent in the presence of the -assembled people, forty of whom so far signified their approval of the -proceedings as to subscribe their names to the document. The -proclamations framed by Sir George Gipps and his Executive were also -read, the first announcing that Her Majesty's authority had been -asserted over British subjects in New Zealand; the second, which was -by no means so popular, acquainting the public of the fact that Her -Majesty did not deem it expedient to acknowledge as valid any titles -to land in New Zealand which were not derived from, or confirmed by, a -grant from the Crown. - -These ceremonies concluded, the intervening days were spent in -completing arrangements for the fateful gathering on the 5th, not the -least arduous duty being the drafting of the treaty, upon the -acceptance or rejection of which everything would depend. The -exigencies of the position demanded that the greatest care should be -exercised in framing the terms of the document,[51] because while it -was desired that the proposal of the Crown should be stated with the -utmost frankness, the least looseness of expression might imperil the -whole project by raising ungrounded alarm in the minds of the natives. - -To guard against this it was necessary that those concerned in the -preparation of the treaty should have not only a full knowledge of the -Crown's intentions, but also an intimate acquaintance with the -subtleties of the native character. This latter qualification neither -Captain Hobson nor the members of his staff possessed even in a remote -degree. To add to their difficulties, Captain Hobson began now to -experience the first symptoms of that illness which in less than three -years proved fatal to him. He became indisposed, and was unable to -leave the _Herald_. In the seclusion of his cabin, however, he devoted -himself to an effort to reduce to concrete terms the obligations in -which the Crown was prepared to involve itself, and the reciprocating -advantages it would require from the natives. In this he achieved but -meagre success, and conscious of failure he despatched his chief -clerk, Mr. George Cooper, to Mr. Busby, giving him his rough notes -together with a request that the erstwhile Resident might favour him -with his opinion as to their suitability as the basis of the treaty. - -Mr. Busby had no hesitation in saying that he regarded them as quite -unsuitable, but offered to prepare the draft treaty for Captain -Hobson's consideration, if such a service would be acceptable. To this -Mr. Cooper replied that nothing would afford His Excellency greater -pleasure, as he recognised that Mr. Busby's seven years of official -training and native experience had furnished him with many -qualifications for the task. The result was entirely satisfactory. The -draft prepared by Mr. Busby was adopted by Captain Hobson without -alteration beyond the transposition of certain paragraphs, which did -not in any degree affect the spirit or the sense of what has long been -regarded as the Maori Magna Charta. - -A pleasant interlude was afforded by the presentation to Captain -Hobson of an Address of Welcome by forty-five of the settlers, in -which they expressed their gratification at his safe arrival, and at -the early prospect of the establishment of British law and authority -in the Islands, which had long been the desire nearest to their -hearts. They expressed equal gratification at the appointment of a -gentleman as Lieutenant-Governor so distinguished for courage, -firmness, justice, and humanity as Captain Hobson, presaging as it did -a bright era of prosperity for the colony. They expressed their -readiness to await with patience the unfolding of a scheme of -government in which the best interests of all were involved, and -promised not only to continue the service of loyal subjects of the -Queen, but to aid with their best exertions her representative in -establishing order, law, and security for life and property in what -they were pleased to designate "this improving and important colony." - -As was becoming of him, Captain Hobson replied in most gracious -terms, which seemed to indicate the existence of a useful harmony -between the new Governor and the more decently-disposed settlers. - -Not so the speculative element, who were deeply chagrined at the -unexpected turn affairs had taken. To these law-breakers the arrival -of Hobson meant the complete suspension of their future operations, -and what was equally distasteful, a revision of their past -transactions. Their hope, therefore, lay in preventing the -consummation of the official plan, and before the Lieutenant-Governor -had been at the Bay twelve hours, the lawless and the land-grabber -were busy poisoning the native mind against the Governor's proposal, -telling them with many dark insinuations and bitter taunts, that now -they were to be made _taurekareka_--the "slaves" of the Queen. - -These mischievous suggestions naturally had a disquieting influence -upon the minds of many of the chiefs, who had not as yet gathered the -full purport of the impending change, and whose haughty spirit -rebelled against the prospect of any loss in tribal dignity. -Fortunately they were able to appeal with confidence to the -Missionaries, and to the credit of that body it must be said that they -were as loyal to their country as they had already proved themselves -faithful to their church. Mr. Henry Williams, the head of the Church -Missionary Society's group of Missionaries, than whom no man wielded -greater influence with the natives at this period, was not at the Bay -of Islands when the _Herald_ arrived. He had just returned to the -Waimate Mission station from the Manawatu, whither he had gone with -Tamihana Te Rauparaha, and Matene te Whiwhi, to install the Rev. -Octavius Hadfield in his West Coast charge. The hurried decision of -the Home Government to forestall the New Zealand Company had been as -unknown to him as it was to the other residents of New Zealand, and -the first intimation he had that the change he so much desired was -near fruition, was a letter from the Bishop of Australia informing him -of Captain Hobson's arrival in Sydney, and the rumoured report of his -mission. Bishop Broughton earnestly advised the Missionary to assist -Captain Hobson to the end that success might crown his efforts.[52] - -Closely following upon this came a letter, dated January 30, 1840, -from Captain Hobson, inviting Mr. Williams to meet him at his earliest -convenience, and although it was late at night when the messenger -arrived, he made immediate preparations to comply with the request. -Leaving home early in the morning the energetic Missionary boarded the -_Herald_ that afternoon, and congratulated the newly-arrived -Governor upon his coming, which indeed was a pleasant surprise. He -assured him of the hearty support of the Missionaries in the purpose -of establishing Her Majesty's authority in the Islands, and of his own -personal aid to any extent that it might be of service to him. - -Of this offer Captain Hobson availed himself a few days later, when at -4 P.M. on February 4 he brought to him the draft of the -treaty which had been prepared for submission to the chiefs at -Waitangi on the morrow, and asked that he might be good enough to -translate it into the native language. In this Mr. Williams had the -assistance of his son Edward, who was then regarded as the scholar -_par excellence_ in the Nga-Puhi dialect, the purest of all the -dialects of the Maori tongue. - -The task of translation was necessarily a difficult one, it being -essential that there should be a complete avoidance of all expressions -of the English for which there was no equivalent in Maori, and yet -permitting no alterations which would destroy the original spirit and -tenor of the treaty. Upon its completion the work was revised by Mr. -Busby, who suggested the elimination of the word _huihuinga_ used -by the translators, and the substitution of _whakaminenga_ to -more adequately express the idea of the Maori Confederation of Chiefs. -With this exception the translation was adopted, and the excellence -of its rendering may be judged from the fact that though it has been -many times tried by the most accomplished of Maori scholars, the -translation has never been shaken, and stands to-day a perfect native -reflex of the European mind, conveying in all probability a clearer -view to the Maori of what the treaty meant than the English version -has done to the average _Pakeha_. - -The scene chosen for the conference with the chiefs was the lawn in -front of Mr. Busby's house,[53] which stands upon a gently sloping -promontory directly opposite the old town of Kororareka. A large and -commodious building, with its French casements, cedar doors, and -old-fashioned fittings, it looks out across the Bay from the seclusion -of its plantation of imported trees. Down between the house and the -sea beach there runs a grassy slope, at the termination of which rises -a grove of the beautiful _Pohutukawa_, which had just shed their -blaze of Christmas bloom when Captain Hobson arrived. - -To the right flow the tidal waters of the Waitangi River, whose falls -four miles beyond its mouth have given their name to the district.[54] -Upon the flat which fringes the river bank, the Maoris camped amongst -the cabbage palms, and the smoke of their fires might have been seen -curling upwards until it was lost in the mists of the morning air. -Still farther to the right, and across the river, under the -forest-clad hill, nestled the little Mission station of Paihia, where -Mr. Colenso was industriously producing copies of the New Testament -from his primitive printing-press. Away to the left, in Oihi Bay, -stands the cross marking the spot where the first Christian sermon was -preached to the Maoris by Samuel Marsden, on Christmas Day of 1814, -and between these two points where they had first received the spoken -and the written Word, the natives were now asked to decide a question -that very largely involved their political salvation. - -The morning of the auspicious day (Wednesday, February 5) broke with -nature's approving smile upon it. The sun shining brightly in the -Heavens lit up the blue waters of the Bay, the slopes of the brown -hills, the shadows of the sombre forest in which the birds sang even -more blithely than was their wont. Many of the natives had arrived -during the previous day, and the face of the harbour was still alive -with canoes speeding from all directions to the place of meeting, -their crews keeping time with their paddles to the chant of the -excited _Kai tuki_[55] as he stood upon the centre thwart, urging -by word, song, and gesture, a more vigorous bending of broad backs and -straining of tawny arms in the hope of outstripping his opponents in -the race to Waitangi. - -On shore a large marquee had been erected upon the grassy lawn in -front of Mr. Busby's residence, towards which the bunting of the -_Herald_ had been liberally applied, the Union Jack waving gaily -over the whole scene until the official proceedings were begun, when -it was lowered as an indication that sovereignty had not yet been -ceded to the Queen. The ships in the harbour had likewise marked the -occasion by displaying all their bright flags and in the brilliant -sunlight the scene was one of picturesque animation, not the least -interesting feature being the blue-shirted settlers--British and -American[56]--promenading on the lawn. As a counterpoise to these -there were the groups of natives squatting on the ground, each tribe -discussing with ample gesticulation and volubility the treaty from -their own immediate point of view. "Beyond the grounds," writes Dr. -Bright, "refreshment was vended to the Europeans and many a cork -(adopting a poetic phrase) escaped its glassy confines, to let out, -not a lake, but Dunbar's foaming stout, or Hodge's paler streams. Nor -were more patrician fluids wanting; nor yet ardent cognac; nor the -clear burning fluid of St. Giles' dames; nor the spirit of storms, -rum, which sailors gulp, ingulphing a torrid zone within no temperate -one--all waters of fire to the sober Maori, and which they might be -taught are waters that the Devil navigates to reach the island of the -soul. Nor was there wanting solid aliment--pork, salt and fresh, in -various forms of hams, cold roast, pork pies, and baskets of bread and -biscuit all to be transmuted into money. Troops of natives came from -all directions to the _korero_ with the _rangatira nui_, or great -gentleman from England. You might inspect a group of brown skins and -then a group of white skins, and with but little puzzling discern the -same stage-stock of feelings common to both. The Europeans were very -numerous but the natives were more so, many who came from a distance -carrying guns. What, thought I, if these savages refuse to accede to -the treaty, is to hinder them from driving us into the sea, or into -their ovens? What greater proof of their sovereignty than their -willingness to yield it up to us?" - -At 9 o'clock the Lieutenant-Governor, accompanied by Captain Nias, -landed at Waitangi, and they were shortly afterwards followed by the -officers of the ship, Lieutenant Shortland and the members of the -civil staff, and by the Missionaries who were resident in and about -the Bay of Islands. - -During this time Captain Hobson, Mr. Busby, and Mr. Henry Williams, -were engaged in a final discussion upon the treaty and its -translation. At 10.30 Bishop Pompallier, the newly-appointed Roman -Catholic Bishop of Oceania, dressed in full canonicals[57] and -accompanied by one of his priests[58] arrived from Kororareka, and -without displaying any hesitation, walked straight to Mr. Busby's -house, and entered the room in which the Lieutenant-Governor and his -associates were in close conference. The Bishop's manner was so full -of confident assurance that the two constables[59] standing on guard -at the door were so completely taken by surprise that they failed to -challenge the cleric's right to enter. The incident was equally -startling in its dramatic suddenness to all the astonished onlookers, -and it made a considerable impression upon the natives. In their eyes -the pomp and circumstance implied by the ecclesiastical dress meant -much, while the air of superior authority with which the proceeding -had been carried out conveyed the suggestion to them that this man -must indeed be a _rangatira_.[60] - -A buzz of comment arose, the natives whispering amongst themselves, -"_Ko ia anote tino rangatira! Ko Pikopo[61] anake te hoa mo te -Kawana._" "This surely is the chief gentleman. The Bishop only is -the companion for the Governor." - -The importance of these comments were not lost upon the Church -Missionaries, who were deferentially standing outside, and a hurried -conference resulted in their deciding to be on equal terms with the -Bishop. They accordingly moved towards the house, and had just reached -the verandah when an announcement was made that the Lieutenant-Governor -intended to hold a levee in order that all who had not already been -introduced to him, and desired to have that privilege, might do so by -entering at one door and passing out at another. While the -introductions were proceeding Bishop Pompallier remained in the room, -and as the Missionaries were unable to take their position with him -owing to the crush in the narrow passage, they made a virtue of -necessity and coldly declined to participate in the ceremony. - -The levee over, and it was not a lengthy proceeding, Captain Nias and -Mr. Busby, preceded by the representatives of the police, came out of -the house followed by the Lieutenant-Governor, and in this order the -procession was moving towards the tent when the Bishop and his -associate stepped briskly forward and took their positions immediately -behind Captain Hobson, thus giving the Protestant Missionaries no -option but to follow in his wake. "Brethren," said Mr. Colenso, "this -won't do. We must never consent to this position." - -"No," replied the Rev. Richard Taylor, "I will never consent to follow -Rome," and so saying he and his brethren quietly withdrew from the -procession and made their way unofficially towards the marquee. - -A raised platform had been erected at the end of the marquee, and on -this the Lieutenant-Governor and Captain Nias took their seats. Bishop -Pompallier and his priest were shown to chairs on the left, and Mr. -Henry Williams was directed to a chair on the Governor's right. The -other missionaries, Messrs. King, Kemp, Baker, Clarke, and Colenso[62] -were modestly standing behind this group when Lieutenant Shortland, -who was acting as Secretary to the Governor and as Master of -Ceremonies, plucked Mr. Colenso by the sleeve of his coat and said, -"Go over to that end and support your cloth," an intimation which, -according to Mr. Colenso, they lost no time in attending to, ranging -themselves as best they could behind Mr. Williams. - -Meanwhile the crowd had been accumulating, and were rapidly finding -positions of vantage within the tent. "The scene," says an -eye-witness,[63] "was very interesting and impressive. In the centre -of the narrow raised platform were the Governor and Captain of the -man-of-war in full uniform, on the Governor's left were Mr. Busby and -the Roman Catholic Bishop in canonicals, his massive gold chain and -crucifix glistening on his dark purple-coloured habit. On the right of -His Excellency were the members of the Church of England Mission, in -plain black dresses. The different officers of the _Herald_ -together with His Excellency's suite stationed themselves as best they -could--some here and there on the platform, and some immediately -before it. In front of the platform, in the foreground, were the -principal native chiefs of several tribes, some clothed with dog-skin -mats made of alternate longitudinal stripes of black and white hair. -Others were habited in splendid-looking new woollen cloaks[64] of -crimson, blue, brown, and plaid, and indeed of every shade of striking -colour such as I had never before seen in New Zealand, while some were -dressed in plain European, and some in common native dresses. Near by, -in the midst, stood Hakitara, a tall native of the Rarawa tribe, -dressed in a very large and handsome silky white _Kaitaka_ mat--a -garment of the finest and best kind, and only worn by superior -chiefs--fringed with a deep and dark coloured woven border of a -lozenge and zigzag pattern, the whole of native and national design -and manufacture. The sunlight streaming down from an aperture in the -top of the tent on this beautiful white dress, admired by natives and -Europeans alike, threw the figure of this chief into very prominent -and conspicuous relief, forming a fine contrast to the deep and dark -shades of colour around; whilst here and there a _hani_ or -_taiaha_[65] was seen erected adorned with the long flowing white hair -of the tails of the New Zealand dog, and crimson cloth and red -feathers. In the distance the raven black and glossy locks of the -natives, gracefully ornamented with the snow-white and drooping -feathers of sea-birds, and of the white crane, forming a striking -contrast, added much to the _tout ensemble_. Around the sides of the -tent were the whites, residents, and settlers, by far the greater part -being very respectably dressed; and outside of them, against the walls -of the tent were flags of different nations, which from the brightness -of their colours, gave a charming air of liveliness to the whole, the -table being covered by the vivid colours of the Union Jack." - -As Captain Hobson rose from his seat the hum of human voices which -filled the tent suddenly ceased. Animated conversation gave way to an -air of silent expectancy as the Queen's representative began to speak -in slow and measured tones. His speech had been carefully prepared, -and for the purposes of greater accuracy he relied upon extensive -notes. - -[Illustration: MR. BUSBY'S RESIDENCE. - -Where the Treaty was signed.] - -"Her Majesty Victoria, Queen of Great Britain and Ireland," he said, -"wishing to do good to the chiefs and people of New Zealand, and for -the welfare of her subjects living amongst you, has sent me to this -place as Governor. But as the law of England gives no civil powers to -Her Majesty out of her dominions, her efforts to do you good will be -futile unless you consent. Her Majesty has commanded me to explain -these matters to you, that you may understand them. The people of -Great Britain are, thank God! free, and so long as they do not -transgress the laws, they can go where they please, and their -sovereign has no power to restrain them. You have sold them lands here -and encouraged them to come here. Her Majesty, always ready to protect -her subjects is also always ready to restrain them. Her Majesty the -Queen asks you to sign this treaty, and to give her that power which -shall enable her to restrain them. I ask you for this publicly: I do -not go from one chief to another. I will give you time to consider the -proposal I shall now offer you. What I wish you to do is expressly for -your own good, as you will soon see by the treaty. You yourselves have -often asked the King of England to extend his protection unto you. Her -Majesty now offers you that protection in this treaty. I think it is -not necessary to say any more about it. I will therefore read the -treaty."[66] - -In a clear voice His Excellency then read the treaty in English for -the benefit of the European settlers, the terms of the document being -as follows: - - TREATY OF WAITANGI - - HER MAJESTY VICTORIA, Queen of the United Kingdom, of Great - Britain and Ireland regarding with her Royal favour the Native chiefs - and tribes in New Zealand, and anxious to protect their just rights - and property, and to secure to them the enjoyment of peace and good - order, has deemed it necessary in consequence of the great number of - Her Majesty's subjects who have already settled in New Zealand, and - the rapid extension of emigration both from Europe and Australia - which is still in progress, to constitute and appoint a functionary - properly authorised to treat with the aborigines of New Zealand for - the recognition of Her Majesty's sovereign authority over the whole - or any part of those Islands. Her Majesty, therefore, being desirous - to establish a settled form of Civil Government with a view to avert - the evil consequences which must result from the absence of the - necessary laws and institutions, alike to the native population and - to her subjects, has been graciously pleased to empower and authorise - me, William Hobson, a Captain in Her Majesty's Royal Navy, Consul and - Lieutenant-Governor of such parts of New Zealand as may be or - hereafter shall be ceded to Her Majesty, to invite the confederate - and independent chiefs of New Zealand to concur in the following - articles and conditions: - - _Article the First_ - - The chiefs of the Confederation of the United tribes of New Zealand, - and the separate and independent chiefs who have not become members - of the Confederation, cede to Her Majesty the Queen of England, - absolutely and without reservation, all the rights and powers of - sovereignty which the said confederation or individual chiefs - respectively exercise or possess, or may be supposed to exercise or - possess over their respective territories as the sole Sovereigns - thereof. - - _Article the Second_ - - Her Majesty, the Queen of England, confirms and guarantees to the - chiefs and tribes of New Zealand, and to the respective families and - individuals thereof the full, exclusive, and undisturbed possession - of their lands and estates, forests, fisheries, and other properties - which they may collectively or individually possess, so long as it is - their wish and desire to retain the same in their possession; but the - chiefs of the United tribes and the individual chiefs yield to Her - Majesty the exclusive right of pre-emption over such lands as the - proprietors thereof may be disposed to alienate, at such prices as - may be agreed upon between the respective proprietors and persons - appointed by Her Majesty to treat with them in that behalf. - - _Article the Third_ - - In consideration thereof Her Majesty, the Queen of England, extends - to the natives of New Zealand her Royal protection, and imparts to - them all the rights and privileges of British subjects. - - W. HOBSON, - Lieutenant-Governor. - - Now, therefore, we the chiefs of the Confederation of the United - tribes of New Zealand, being assembled in congress at Victoria, in - Waitangi, and we the separate and independent chiefs of New Zealand, - claiming authority over the tribes and territories which are - specified after our respective names, having been made fully to - understand the provisions of the foregoing treaty, accept and enter - into the same in the full spirit and meaning thereof; in witness of - which we have attached our signatures or marks at the places and the - dates respectively specified. - -When he had concluded, he turned to Mr. Henry Williams, and invited -him to read to the natives the translation which had been prepared in -the Maori language. - -"In the midst of profound silence," Mr. Williams wrote in subsequent -years, "I read the treaty to all assembled. I told all to listen with -care; explaining clause by clause to the chiefs, giving them caution -not to be in a hurry, but telling them that we, the Missionaries, -fully approved of the treaty, that it was an act of love towards them, -on the part of the Queen, who desired to secure to them their -property, rights, and privileges. That this treaty was a fortress to -them against any foreign power which might desire to take possession -of their country, as the French had taken possession of Otiaiti." - - MAORI TRANSLATION OF THE TREATY OF WAITANGI - AS PRINTED AT THE PRESS OF THE CHURCH MISSIONARY SOCIETY, PAIHIA - - KO, WIKITORIA, te Kuini o Ingarani i tana mahara - atawai ki nga Rangatira me nga Hapu, o Nu Tirani, i tana hiahia hoki - kia tohungia ki a ratou o ratou rangatiratanga, me to ratou whenua, a - kia mau tonu hoki te Rongo ki a ratou me te ata noho hoki kau wakaaro - ia he mea tike kia tukua mai tetahi Rangatira hei kai wakarite ki nga - tangata Maori o Nu Tirini. Kia wakaaetia e nga Rangatira Maori te - Kawanatanga o te Kuini ki nga wahi katoa o te wenua hei me nga motu. - Na te mea hoki he tokomaha ke nga tangata o tona iwi kua noho ki - tenei wenua, a e mai nei. - - Na, ko te Kuini e hiahia ana kia wakaritea te Kawanatanga, kia kaua - ai nga kino e puta mai ki te tangata Maori ki te pakeha e noho enoho - ture kore ana. - - Na, kau pai te Kuini kia tukua a hau, a Wiremu Hopihona, he Kapitana - i te Roiara Nawi, hei Kawana mo nga wahi katoa o Nu Tirini, e tukua - aianei amua atu ki te Kuini e mea atu ana ia ki nga Rangatira o te - Wakaminenga o nga Hapu o Nu Tirini me era Rangatira atu enei ture ka - korerotia nei. - - _Ko te tuatahi_ - - Ko nga Rangatira o te Wakaminenga, me nga Rangatira katoa hoki, kihai - i uru ki taua Wakaminenga, ka tuku rawa atu ki te Kuini o Ingarani - ake tonu atu te Kawanatanga katoa o ratou wenua. - - _Ko te tuarua_ - - Ko te Kuini o Ingarani ka wakarite ka wakaae ki nga Rangatira, ki nga - Hapu, ki nga tangata katoa o Nu Tirini, te tino Rangatiratanga o o - ratou wenu o ratu kainga me o ratu taonga katoa. Otiia ko nga - Rangatira o te Wakaminenga me nga Rangatira katoa atu, ka tuku ki te - Kuini te hokonga o era wahi wenua e pai ai te tangata nona te wenua, - ki te ritenga o te utu e wakaritea ai e ratou ko te kai hoko e meatia - nei e te Kuini hei kai hoko mona. - - _Ko te tuatoru_ - - Hei wakaritenga mai hoki mo te wakaaetanga ki te Kawanatanga o te - Kuini. Ka tiakina e te Kuini o Ingarani nga tangata Maori katoa o Nu - Tirani. Ka tukua ki a ratou nga tikanga katoa rite tahi ki ana mea ki - nga tangata o Ingarani. - - WILLIAM HOBSON, - Consul and Lieutenant-Governor. - - Na ko matou, ko nga Rangatira o te Wakaminenga o nga Hapu o Nu - Tirani, ka huihui nei ki Waitangi. Ko matou hoki ko nga Rangatira o - Nu Tirani, ka kite nei i te ritenga o enei kupa, ka tangohia, ka - wakaaetia katoatia e matou. Koia ka tohungia ai o matou ingoa o matou - tohu. - - Ka meatia tenei ki Waitangi, i te ono o nga ra o Pepuere, i te tau - kotahi mano, ewaru rau, ewa tekau, o to tatou Ariki. - - A TRANSLATION OF THE TREATY OF WAITANGI - INTO ENGLISH FROM THE ORIGINAL MAORI - - Here's Victoria, Queen of England, in her gracious remembrance - towards the chiefs and tribes of New Zealand, and in her desire that - the chieftainships and their lands should be secured to them and that - obedience also should be held by them, and the peaceful state also; - has considered it as a just thing, to send here some chief to be a - person to arrange with the native men of New Zealand, that the - Governorship of the Queen may be assented to by the native chiefs in - all places of the land, and of the islands. Because too many together - are the men of her tribe who have sat down in this land and are - coming hither. - - Now it is the Queen who desires that the Governorship may be arranged - that evils may not come to the native men, to the white who dwells - lawless. There! Now the Queen has been good that I should be sent, - William Hobson, a Captain of the Royal Navy, a Governor for all the - places in New Zealand that are yielded now or hereafter to the Queen. - She says to the Chiefs of the Assemblage (Confederation) of the - tribes of New Zealand, and other chiefs besides, these laws which - shall be spoken now. - - Here's the first: Here's the chief of the Assemblage, and all the - chiefs also who have not joined the Assemblage mentioned, cede to the - utmost to the Queen of England for ever continually to the utmost the - whole Governorship of their lands. - - Here's the second: Here's the Queen of England arranges and confirms - to the chiefs, to all the men of New Zealand the entire chieftainship - of their lands, their villages, and all their property. - - But here's the chiefs of the Assemblage, and all the chiefs besides, - yield to the Queen the buying of those places of land where the man - whose land it is shall be good to the arrangement of the payment - which the buyer shall arrange to them, who is told by the Queen to - buy for her. - - Here's the third: This, too, is an arrangement in return for the - assent of the Governorship of the Queen. The Queen of England will - protect all the native men of New Zealand. She yields to them all the - rights, one and the same as her doings to the men of England. - - Now here's we: Here's the chiefs of the Assemblage of the tribes of - New Zealand who are congregated at Waitangi. Here's we too. Here's - the chiefs of New Zealand, who see the meaning of these words, we - accept, we entirely agree to all. Truly we do mark our names and - marks. - - This is done at Waitangi on the six of the days of February, in the - year one thousand eight hundred and four tens of our Lord. - -The whole subject was now before the meeting for discussion, and the -chiefs were invited to express their views upon it, or to make any -enquiries upon points that were still obscure. There being some little -hesitancy displayed Mr. Busby rose and, addressing the natives, -assured them that the Governor had not come to deprive them of their -lands, but rather to secure them in possession of what they had not -already sold. He reminded them that he had frequently given them his -word that land not properly acquired from them would not be recognised -as the property of the person claiming it, but would be returned to -the natives, to whom it rightly belonged. He was proceeding to say -that this promise the Governor would of a certainty be prepared to -carry out, when suddenly he was interrupted by Te Kemara, a chief of -the Ngatikawa tribe, who, springing from his place in front of the -platform exclaimed: - -"Health to thee, O Governor. This is mine to thee, O Governor. I am -not pleased towards thee. I will not consent to thy remaining here in -this country. If thou stayest as Governor then perhaps Te Kemara will -be judged and condemned. Yes, indeed, and more than that--even hung by -the neck. No, no, no, I shall never say 'Yes' to your staying. Were -all to be on an equality, then perhaps Te Kemara would say, 'Yes.' But -for the Governor to be up and Te Kemara down--Governor high up, up -up, and Te Kemara down low, small, a worm, a crawler. No, no, no. O -Governor! this is mine to thee, O Governor! my land is gone, gone, all -gone. The inheritances of my ancestors, fathers, relatives, all gone, -stolen, gone with the Missionaries. Yes, they have it all, all, all. -That man there, the Busby, and that man there, the Williams, they have -my land. The land on which we are now standing this day is mine. This -land, even this under my feet, return this to me. O Governor! return -me my lands. Say to Williams 'Return to Te Kemara his land.'" With -outstretched finger he ran and pointed to the Missionary, "Thou, thou, -thou, thou bald-headed man, thou hast got my lands. O Governor! I do -not wish thee to stay. You English are not kind to us like other -foreigners. You do not give us good things. I say go back, go back, -Governor, we do not want thee here in this country. And Te Kemara says -to thee, go back, leave to Busby and to Williams to arrange and to -settle matters for us natives as heretofore." - -Te Kemara was a master in the art of Maori oratory, and he delivered -this speech with much simulated anger. Gesture and grimace were alike -extravagant even for a native; his eyes rolled in violent oscillations -and flashed with demoniacal fire, while his whole body trembled as -though convulsed by pent-up rage. He made a brave show of injured -innocence, especially when pleading for the return of his lands. And -yet it was not serious: it was mere theatrical display; for not long -afterwards he gave evidence before the Land Claims Commissioners, and -testified to the fair sale of his land. For the present, however, -Maori vanity was satisfied--Te Kemara had made a great speech. - -The serious impression made by the hostile deliverance of the -Ngatikawa chief was somewhat dispelled by the diversion created when -Rewa, of Ngaitawake rose, and, addressing His Excellency in the best -English he could command said, "How d'ye do, Mr. Governor?" The sally -was so unexpected that it immediately created a roar of laughter, in -which all present joined. But Rewa soon became more earnest. He had -evidently no intention of being frivolous--"This is mine to thee, O -Governor!" he impressively said. "Go back. Let the Governor return to -his own country. Let my lands be returned to me which have been taken -by the Missionaries--by Davis and by Clarke and by who and who -besides. I have no lands now--only a name,[67] only a name. Foreigners -come, they know Mr. Rewa, but this is all I have left--a name! What do -native men want of a Governor? We are not whites or foreigners. This -country is ours, but the land is gone. Nevertheless we are the -Governor--we the chiefs of this our Fathers' land. I will not say -'Yes' to the Governor's remaining. No, no, no, return. What! this land -to become like Port Jackson and all other lands seen by the English. -No, no, return. I, Rewa, say to thee, O Governor, go back. Send the -man away. Do not sign the paper. If you do you will be reduced to the -condition of slaves, and be compelled to break stones on the roads. -Your land will be taken from you and your dignity as chiefs will be -destroyed." - -The next speaker was Moka, a chief of the Patukeha tribe, from -Rawhiti, the burden of whose speech was also against the acceptance of -the treaty. "Let the Governor return to his own country. Let us remain -where we are. Let my lands be returned to me--all of them--those that -are gone with Baker. Do not say, 'The lands will be returned to you.' -Who will listen to thee, O Governor? Who will obey thee? Where is -Clendon? Where is Mair?[68] Gone to buy, buy our land, notwithstanding -the 'book'[69] of the Governor." - -On this statement being interpreted to him Captain Hobson immediately -stopped the speaker, and in the most earnest manner assured the -gathering that lands unjustly held would be returned, and that after -the date of the Proclamation all land, however purchased, would be the -subject of enquiry, and no purchases would be lawful until sanctioned -by the Crown. - -This scarcely sufficed to satisfy the sceptical Moka, who replied, as -he advanced close up to the platform, "That is good, O Governor! that -is straight. But stay, let me see. Yes, yes, indeed! Where is Baker? -Where is the fellow? Ah, there he is--there standing. Come, return to -me my lands?" - -Here the orator paused, awaiting a reply. His injunction was addressed -to Mr. Baker in the most direct and personal way, so that it could not -be evaded. Moka stood leaning against the edge of the platform, -looking directly at the Missionary, upon whom all eyes were -immediately turned. There was profound silence and the suspense was -acute. Mr. Baker did not flinch but quietly replied, "_E hoki, -koia_"; in other words, "We shall see whether they will return." - -This retort was comfortless to Moka, who exclaimed, "There, there, -that is as I said. No, no, no, all false, all false, alike. The lands -will not return to me." - -He was in the midst of this lamentation when he was again interrupted. -A European came forward, and addressing His Excellency said that the -speeches of the natives were not being faithfully interpreted by Mr. -Williams, nor were His Excellency's remarks being fully reported to -the natives. He said the natives complained of being robbed, and by a -gesture indicated that Mr. Williams was the robber. This he followed -up by venturing to suggest that a Mr. Johnson, who was present, could -do the work with greater satisfaction to both parties. This was the -first open declaration of the general discontent which pervaded the -settlers, who were angry because of the Proclamation which had so -summarily put an end to their speculations, and which they felt was -playing them unfair. They had heard that a Charter had been granted -to a rich Company in England, while many of them who had worked long -in the land were being, as they thought, overreached by the -Government. But the honest settler was not more angry than the -land-jobbers, the gamblers of the south, who stood on the outskirts of -the crowd, "looking like smugglers foiled in a run, or a pack of -hounds lashed off their dying prey," and appeared as if they were -taking a vengeful pleasure in thwarting the wishes of authority. Many -viewed the proceedings with malignant eyes and smouldering mischief in -their hearts, remaining silent themselves, yet prompting others to -interrupt; hence these accusations of false interpretation, these -irrelevant observations about the Missionaries and Mr. Busby taking -advantage of their privileged positions to unfairly acquire land. - -Captain Hobson, always willing to be affable, and desirous that -nothing should give rise to misunderstanding, begged Mr. Johnson, who -was a dealer in spirits at Kororareka, to come forward and do him the -favour of making everything clear to natives and Europeans alike. - -Johnson, however, was not so confident of his attainments as a Maori -linguist as his friend was, and in reply to His Excellency's question -whether he fully understood the native language he replied, "Why, I -can't say I do, but I know how to speak to them, and know also what -they say when they speak to me, and----" - -"Then pray tell me, Mr. Johnson, what has not been interpreted?" said -Captain Hobson. - -To which the modest Johnson replied, "No, Sir, I beg to be excused. -The gentlemen of the Mission ought to be able to do it, and can do it -very well; only let Mr. Williams speak out loud so that we may -hear--that is, those of us in the back part of the tent, and let all -that the natives say be interpreted to the Governor. They say a great -deal about land and Missionaries which Mr. Williams does not translate -to you."[70] - -This reflection both upon his capacity as a linguist and his integrity -as a man rather nettled the Missionary, who, having obtained the -permission of the Governor to vindicate himself, addressed the white -people in English, and with his customary directness came at once to -the point. He said there had been much talk about the Missionaries -owning land and farming and such like; but the Commissioners who were -about to sit would examine into the lands held by the Missionaries, -and their titles thereto, as strictly as into any other. It was his -special wish that this should be done, and he had so far given an -earnest of his desire in that direction that he had already applied to -His Excellency to have the Missionary lands made the first subject of -investigation. "People," he said, "should recollect that were it not -for the Missionaries they would not be here this day, nor be in -possession of a foot of land in New Zealand. If any one person has a -prior claim to land in this country that person must be the -Missionary, who has laboured for so many years in this land when -others were afraid to show their noses. I have a large family--a -family of eleven children--more probably than any one present, and -what are they to do when I am taken from them if they are not to have -some land? Much has been said about my land, but I believe that when -it is seen and known, and shared up between my children, no one will -say that I have been over the mark, but on the contrary under. All I -shall say at present is, I hope that all who hold land, obtained from -the natives, will be able to show as good and honest titles to the -same as the Missionaries can do to theirs."[71] - -[Illustration: THE WAITANGI FALLS.] - -Mr. Busby, who owned the whole of the Peninsula between the Waitangi -and Kerikeri Rivers, felt that he, too, was being drawn into the -vortex of the speculators by these accusations of native spoliation. -He accordingly deemed it due to himself that something should be said -in defence of his purchases, and so having obtained the permission of -Captain Hobson he rose, and, speaking in English, said with some -emphasis, "I deny that the term 'robbed' has been used by the chiefs -Te Kemara and Rewa with reference to my purchase of land, as indicated -by the white man who spoke, and coupled by him with Mr. Williams, by -gestures, though not plainly by words. I never bought any land but -what the natives pressed me to buy, for which I always paid them -liberally. Allusion has been made to my possessing large tracts of -land. I am happy to say I do hold some land; but I did not make any -extensive purchases until I was out of office, and then, on my finding -that, after having served the Government for fifteen years, not any -provision was made, nor was likely to be made for myself and family, I -purchased land. I only regret I had not done so at an earlier period, -and that to a larger extent. In all my purchases, also, I have -reconveyed to the natives both habitations and cultivations, by an -inalienable gift, according to the number of persons thereon." - -Mr. Busby having delivered his protest against what he considered to -be the unwarranted aspersions of the white settler, whose name does -not appear to have been recorded, Tamati Pukututu, a chief of the Te -Uri-o-te-hawato tribe broke in upon the monotony of the opposition -with a speech in favour of the treaty. - -"This is mine to thee, O Governor! Sit, Governor, sit, a Governor for -us--for me, for all, that our lands may remain with us; that these -'_piritoka_' and '_piriawaawa_,' these homeless wanderers -who sneak about, sticking to rocks, and to the side of the brooks and -gullies may not have it all. Sit, Governor, sit for me, for us. Remain -here a father for us. These chiefs say, 'Don't sit,' because they have -sold all their possessions and they are filled with foreign property, -and they have also no more to sell. But I say, what of that? Sit, -Governor, sit. You two stay here, you and Busby--you two, and they -also, the Missionaries." - -In his advocacy of the Governor's cause Tamati was seconded by Matiu, -a chief of the Uri-o-ngongo tribe. "O Governor! sit, stay, remain, you -as one with the Missionaries, a Governor for us. Do not go back, but -sit here, a Governor, a father for us, that good may increase, may -become large to us. This is my word to thee. Do thou sit here, a -father for us." - -"No, no, go back, go back," cried Kawiti, a turbulent Ngatihine. "What -dost thou want here? We native men do not wish thee to stay. We do not -want to be tied up and trodden down. We are free. Let the Missionaries -remain, but as for thee, return to thine own country. I will not say -'Yes' to thy sitting here. What! to be fired at in our boats and -canoes by night! What! to be fired at when quickly paddling our canoes -by night! I, even I, Kawiti, must not paddle this way nor paddle that -way because the Governor said 'No,' because of the Governor, his -soldiers, and his guns. No, no, no, go back, go back, there is no -place here for a Governor." - -A chief of the Ngatiamake tribe named Wai, now rose and addressed some -pertinent enquiries to His Excellency. - -"To thee, O Governor! this. Will you remedy the selling, the -exchanging, the cheating, the lying, the stealing of the whites? O -Governor! yesterday I was cursed by a white man. Is that straight? The -white man gives us natives a pound for a pig, but he gives a -_Pakeha_ four pounds for such a pig. Is that straight? The white -man gives us a shilling for a basket of potatoes, but to a -_Pakeha_ he gives four shillings for a basket like that one of -ours. Is that straight? No, no, they will not listen to thee, so go -back, go back. If they would listen and obey, ah yes, good that, but -have they ever listened to Busby? And will they listen to thee, a -stranger, a man of yesterday? Sit indeed! what for? Wilt thou make -dealing straight?" - -At this point there was again some general dissatisfaction amongst the -Europeans who apparently were only able to hear imperfectly. A hawker, -a pedlar named Jones, from Kororareka, called out to His Excellency -that the whites could not follow the interpreter. A young man on the -opposite side of the tent confirmed his complaint, and the European -who had previously objected to Mr. Williams's methods once more became -prominent in support of his confrères. These dissatisfied individuals -maintained a running comment across the tent for some moments, which -resulted in the Governor again requisitioning the services of Mr. -Johnson, who came forward and interpreted the speech of Wai, but not -to the complete satisfaction of that dusky orator, who described the -Johnsonian effort as "great lies." - -This resulted in the restoration of Mr. Williams, whose next subject -was Pumuka, a man of influence in the Roroa tribe who was favourable -to the treaty: "Stay, remain, Governor; remain for me" was his -message. "Hear all of you. I will have this man a foster-father for -me. Stay, sit, Governor. Listen to my words, O Governor! Do not go -away; remain. Sit, Governor, sit. I wish to have two fathers--thou and -Busby and the Missionaries." - -"Yes, what else? Stay, sit if not what? Sit, if not how?" were the -opening queries of Warerahi, a chief of Ngaitawake, who was popularly -known as George King. "Is it not good to be at peace?" he asked. "We -will have this man as our Governor. What! turn him away! Say to this -man of the Queen, 'Go back?' No, no."[72] - -The next speaker was to be Hakiro, who wanted room to deliver himself -as became a great chief, and whilst the reclining natives were being -moved back to make a clear space in which he could run from one end of -the platform to the other a chief from the Waikare, whose name has not -been recorded, rose and complained of the unjust dealings of the white -people, who had no sense of justice. For a very little thing--a -shilling--they wanted a pig as big as himself. What he wanted to know -was could the Governor make the _Pakeha_ give a payment as large as -the article he bought, but the speech was little noticed in the hustle -caused by the clearing of a passage for Hakiro. - -Hakiro belonged to the Ngatirehia tribes, being the son of Tareha, but -on this occasion he essayed to speak for Titore,[73] though it is -highly questionable whether he reflected the sentiments to which that -chief would have given utterance had he been still with the living. -Titore was justly regarded as one of the noblest of the Nga-Puhi -chieftains, and his early death was generally mourned, not only as a -personal loss, but as a misfortune to the cause of national unity. Be -that as it may, his illustrious representative on this auspicious -occasion, swayed by other influences, elected to throw the weight of -his great name into the opposite scale to which he would almost -certainly have thrown it himself. - -"To thee, O Governor! this. Who says sit? Who? Hear me, O Governor! I -say, no, no." - -As he shouted these questions and answers he ran swiftly backwards and -forwards brandishing a _taiaha_ as he ran. - -"Sit indeed! Who says sit? Go back, go back. Do not thou sit here. -What wilt thou sit here for? We are not thy people. We are free. We -will not have a Governor. Return, return, leave us. The Missionaries -and Busby are our fathers. We do not want thee, so go back, return, -depart." - -Tareha, who followed, was easily one of the largest natives in the -North, and had been one of the most ferocious of cannibals.[74] He -seldom burdened himself with much clothing, and on this occasion, as -if to show how independent he was of such European luxuries, he -appeared with nothing more than a dirty piece of old matting fastened -round his waist. In the one hand he carried a canoe paddle, and in the -other a small bunch of fern-root, tied by a piece of string, for the -purpose of further demonstrating that he and his people still had the -food of their fathers to rely upon. Tareha never became a -Christian--dying as he lived, a heathen--but under the influence of -Hongi he had always shown considerable solicitude for the -Missionaries, whose interests he had invariably protected, both with -his personal and tribal power. His particular protégé at this time was -Bishop Pompallier, to whom, in common with Rewa, Moka, and Hakiro, he -lived near at Kororareka. Whether this association in any way affected -the views of Tareha and his associates is probably a matter best left -to individual opinion, but it has been observed as an interesting -coincidence that the natives who were in closest contact with the -Bishop were the most aggressively hostile to the treaty. - -This fact had already been so much in evidence that when Tareha rose, -and in his deep sepulchral voice shouted, "No Governor for me--for us -native men," no one who was taking a keen interest in the proceedings -was very much surprised. With much of the gesticulation peculiar to -Maori oratory and a clever application of the arts involved in native -elocution, Tareha began to develop his pronouncement against the -Governor. "We, we only are the chiefs--the rulers. We will not be -ruled over. What! thou, a foreigner, up and I down! Thou high, and I, -Tareha, the great chief of the Nga-Puhi tribes low! No, no, never, -never. I am jealous of thee; I am, and shall be until thou and thy -ship go away. Go back, go back, thou shalt not stay here. No, no, I -will never say 'Yes.' Stay! Alas! what for? Why? What is there here -for thee? Our lands are already all gone. Yes, it is so, but our names -remain. Never mind, what of that--the lands of our fathers alienated! -Dost thou think we are poor, indigent, poverty-stricken--that we -really need thy foreign garments, thy food? Look at this!" - -Here he dangled his bunch of fern-root in the air as proof that his -argument was not without foundation. - -"See, this is my food, the food of my ancestors, the food of the -native people. Pshaw! Governor, to think of tempting men--us -natives--with baits of clothing and food! Yes, I say we are the -chiefs. If all were to be alike, all equal in rank with thee; but thou -the Governor up high--up, up, as this tall paddle[75] and I down, -under, beneath! No, no, no. I will never say 'Yes, stay.' Go back, -return, make haste away. Let me see you (all) go; thee and thy ship. -Go, go, return, return." - -The speech of Tareha with its forceful opinions and dramatic delivery -had a marked and visible effect upon the native section of the -audience, so much so that Captain Hobson began to regard the result -with considerable trepidation. He expressed these fears to Mr. -Williams, who, knowing the delicacy of the situation, advised him not -to betray his anxiety, but at the close of the meeting to recommend -the treaty to their deliberate consideration, and to say that he would -give them three days in which to finally make up their minds upon it. - -For this advice Captain Hobson thanked the Missionary, and then a more -favourable turn was given to the debate by a humorous sally from -Rawiri, a chief of Ngatitautahi, who, anxious to display his -smattering of newly acquired English, opened his speech with the -salutation, "Good morning, Mr. Governor, very good you." This was as -far as his linguistic accomplishments could carry him, and for the -remainder of his oration he relapsed into his native tongue, in which -he made an earnest appeal for established authority and a law that -would maintain them in peace. "Our Governor, our Father! stay here, O -Governor! Sit that we may be in peace. A good thing this for us, my -friends, native men. Stay, sit. Do thou remain, O Governor! to be a -Governor for us." - -Up to this point the weight of influence and oratory had been heavily -against the Governor, the opposition evidently considering it good -tactics to get in early and reap the fruits of a first impression. But -the friends of the treaty now put up a powerful foil to Tareha in the -person of Hone Heke, the nephew and son-in-law of Hongi, and -admittedly one of the most influential men, both by lineage and -achievement, in all the North. Heke at this time was actively -espousing the Christian cause, and had not developed the mischievous -spirit which afterwards gave him even greater prominence in European -annals than he had as yet acquired in Maori fame. He began in that -mystical manner so much beloved by Maori orators, the skilful use of -which was regarded as a test of their accomplishment. - -"To raise up, or to bring down? To raise up, or to bring down? Which? -Who knows? Sit, Governor, sit. If thou shouldst return, we natives are -gone, utterly gone, nothinged, extinct. What then shall we do? Who are -we? Remain, Governor, a father for us. If thou goest away, what then? -We do not know." - -Then turning and addressing himself to those immediately about him, he -said, "This, my friends, is a good thing. It is even as the word of -God.[76] Thou to go away! No, no, no! For then the French people or -the rum-sellers will have us natives. Remain, remain, sit, sit here; -you with the Missionaries all as one. But we natives are children. -Yes, it is not for us, but for you, our fathers--you Missionaries--it -is for you to say, to decide what it shall be. It is for you to -choose, for we are only natives. Who and what are we? Children, yes, -children solely. We do not know. Do you then choose for us. You our -fathers--you Missionaries. Sit, I say, Governor, sit. A father, a -Governor for us." - -The emphasis with which these concluding sentences were pronounced, -and the gestures by which they were accompanied, came as a convincing -climax to what had been a mighty speech. The _mana_ of Heke was -great, for was he not descended from Rahiri, who came down in a direct -line from a Viking Admiral of the Hawaiki fleet; was he not the -representative of the Ariki family of Nga-Puhi; had he not by virtue -of his great name levied toll upon all who crossed his estate at -Puketona; was he not the brave who had distinguished himself at the -1830 fight at Kororareka when Hengi was killed, and had he not fought -valiantly at Tauranga when Titore attacked the _pa_ at Otumoetai? -Heke had thus become great in all that told most in the estimation of -the Maori, and when he had spoken it was indiscreet for any dog to -bark.[77] - -No sooner had he resumed his seat upon the ground than the hum of -approving comment could be heard in all quarters of the tent. Here was -a speech indeed, Europeans and natives alike joining in eulogiums of -both its manner and its matter. While the buzz of conversation filled -the air, Hakitara, a chief of the Rarawa tribe, rose and commenced a -speech in favour of the treaty. He was, however, unfortunate in having -to follow Heke, who had for the moment captured public attention, and -Hakitara, being unable to raise his voice above the din, soon subsided -and made way for a greater even than Heke. - -While the latter was speaking the gathering had received an important -augmentation by the arrival of Tamati Waaka Nene, his elder brother -Patuone, and the Nga-Puhi chiefs of Hokianga. They had mingled with -the crowd, and immediately the Rarawa chief had concluded, Nene -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 Nene 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 Nene'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 NENE. - -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 Nene. -"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 Nene 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 Nene'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, Nene -"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 Nene. 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, Nene -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 Nene'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 Nene 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." - -Nene 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, Nene, 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 Nene -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 -Nene, 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 Nene; 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 Nene, 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] "Nene 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. - - - - -CHAPTER V - -IN SEARCH OF SIGNATURES - - -Although Captain Hobson had every reason to be gratified with the -result of his mission at Waitangi, it was perfectly obvious that the -signatures obtained there were only sufficient to give him jurisdiction -over a very circumscribed area of country. It was equally evident that -if the full intentions of the British Government were to be given -effect to, it would be necessary to put into practice the Mahomedan -principle and go to the mountain, since the mountain had failed to -come to him. He accordingly arranged a campaign by which the districts -north of the Bay of Islands would be visited, either by himself -personally, or by his duly accredited officers. Pursuant to this -arrangement on the morning of the 10th, the Lieutenant-Governor -(accompanied by Captain Nias) and his suite left the Bay of Islands -and rode over to the Mission station at Waimate, where on the 12th -they held a meeting and obtained the signatures of all the chiefs -present. With two of the Church Missionaries, Messrs. Taylor and -Clarke, added to his company, Captain Hobson left Waimate next day and -continued his journey to Hokianga, where it was anticipated a great -meeting would be held. On arriving at Waihou, a settlement on the -banks of the river about seven miles above the Wesleyan Mission -station,--for he was now within the Wesleyan sphere of influence,--the -Governor was met by the members of the Mission and all the principal -European settlers in the neighbourhood. Here he received, probably in -the form of an address, the warmest assurances of the settlers' -fidelity to the Queen, and the most hearty congratulations to himself -upon his selection as her representative. - -From this point the journey was continued by boats supplied by the -settlers, and the progress down the river was marked by frequent -evidences of cordiality and even enthusiasm. On passing the settlement -at Hauraki a salute of thirteen guns was fired from a miniature fort -of European construction, and on arrival at the Mission station the -Governor was again the recipient of congratulations from the settlers -and the Missionaries. - -In response to these graceful felicitations Captain Hobson delivered a -brief address, in which he expressed the high sense he entertained of -this earnest of their loyal zeal in forwarding the views of Her -Majesty's Government, and of the honour they had conferred upon him -personally by their flattering attention. At the same time Captain -Hobson took occasion to announce that in accordance with notices -already published, he proposed to hold a meeting of the chiefs there -next day, to which a cordial invitation was extended to the European -population of every class and nation. - -The novelty of the occasion was not without its influence upon the -natives, and upon a careful estimate it is computed that there were -not less than 3000 at the station next morning, of whom between 400 -and 500 were chiefs of varying rank and importance. Thus everything -promised well. But at the hour appointed for the assembly it was -observed that there was a great disinclination on the part of the -chiefs to associate themselves with the movement. Some were reticent, -others morose, more were openly hostile, and that to such an extent it -was manifest they were not approaching the subject with unprejudiced -minds, and it required no keen observer to detect that an unfavourable -spirit prevailed amongst them. By the exercise of a little judicious -manoeuvring, however, they were at length induced to admit that -there could be nothing derogatory in at least hearing what message the -Governor had to deliver, and after some delay they were induced to -form into procession and march to the place of meeting. - -The business of the day commenced in much the same manner as it had -done at Waitangi and Waimate, the Rev. Mr. Hobbs, of the Wesleyan -Mission, acting as interpreter. After a short address to the -Europeans, Captain Hobson entered into a full explanation to the -chiefs of the views and motives of Her Majesty in proposing to extend -to New Zealand her powerful protection. He then, as on previous -occasions, read the treaty, expounded its provisions, offered to -elucidate all doubtful points, and invited the freest discussion. -"This undisguised manner of proceeding," wrote Captain Hobson to Sir -George Gipps, "defeated much of the opposition, but did not, to the -extent of my wish or expectation, remove the predetermination to -oppose me that had already been manifested. The New Zealanders are -passionately fond of declamation, and they possess considerable -ingenuity in exciting the passions of the people. On this occasion all -the best orators were against me,[94] and every argument they could -devise was used to defeat my object." - -The debate was opened by Aperahama Taonui, who rose and said: "We are -glad to see the Governor. Let him come to be a Governor to the -_Pakehas_. As for us we want no Governor; we will be our own -Governor. How do the _Pakehas_ behave to the black fellows at -Port Jackson? They treat them like dogs! See a _Pakeha_ kills a -pig; the black fellow comes to the door and eats the refuse." - -"What is the Governor come for?" exclaimed Papahia. "He, indeed! He to -be high, very high, like Maungataniwha (a high hill near Hokianga) and -we low on the ground; nothing but little hills. No, no, no! Let us be -equal; why should one hill be high and another low? This is bad." - -MOSES (Mohi Tawhai)--"How do you do, Mr. Governor? All we -think is that you come to deceive us. The _Pakehas_ tell us so, -and we believe what they say; what else?" - -TAONUI--"We are not good (or willing) to give up our land. It -is from the earth we obtain all things. The land is our Father; the -land is our chieftainship; we will not give it up." - -"No, no," cried Kaitoke; "no, Mr. Governor, you will not square out -our land and sell it. See there, you came to our country, looked at -us, stopped, came up the river, and what did we do? We gave you -potatoes, you gave us a fish-hook; that is all. We gave you land, you -gave us a pipe, that is all. We have been cheated, the _Pakehas_ -are thieves. They tear a blanket, make two pieces of it, and sell it -for two blankets. They buy a pig for one pound in gold, and sell it -for three. They get a basket of potatoes for sixpence, sell it for two -shillings. This is all they do; steal from us, this is all." - -Here the voluble Taonui again broke in upon the proceedings with some -observations which were so clearly not of native origin as to convince -Captain Hobson that he had not only the natural Maori ignorance and -suspicion to contend with, but powerful counter-influences originating -with the Europeans. - -"Ha, ha, ha, this is the way you do," cried Taonui. "First your Queen -sends Missionaries to New Zealand to put things in order, gives them -£200 a year. Then she sends Mr. Busby to put up a flag, and gives him -£500 a year, and £200 to give to us natives. Now she sends a -Governor."[95] - -"Speak your own sentiments, not what bad men have told you," retorted -Captain Hobson. - -"I do," replied Taonui. "I have not been to Port Jackson, but I know -Governors have salaries." - -The Governor again felt compelled to interpose, and accused the -speaker of being prompted by designing Europeans. - -This fact Taonui frankly admitted, and, turning to the assembly, -called for his _Pakeha_ adviser to come forward and sustain his -allegations. "This call was reiterated by me," says Captain Hobson, -"when a person named Manning[96] presented himself. I asked him his -motive for endeavouring to defeat the benevolent object of Her -Majesty, whose desire it is to secure to these people their just -rights, and to the European settlers peace and civil Government." - -Manning's reply was that he conscientiously believed that the natives -would be degraded under British rule and influence, and that therefore -he had advised them to resist the persuasions of the Governor and the -Missionaries in favour of the treaty, admitting at the same time that -the laws of England were requisite to restrain and protect British -subjects, but to British subjects alone should they be applicable. - -"But are you not aware that English laws can only be exercised on -English soil?" asked Captain Hobson. - -"I am not aware," replied Manning, "I am not a lawyer." - -"Then that will do. Resume your seat," commanded Hobson. - -The Lieutenant-Governor then proceeded to tell the chiefs that their -_Pakeha_ friend had given them advice in utter ignorance of the -most important principle that British laws could not be enforced on a -foreign soil, and that their only hope of protection against -unscrupulous Europeans was to become a party to the treaty. - -"If you listen to such counsel," he continued, "and oppose me, you -will be stripped of all your lands by a worthless class of British -subject, who will consult no interest but their own, and who care not -how much they will trample upon your rights. I am sent here to control -such people, and to ask from you the authority to do so." - -This spirited little speech was responded to by what Captain Hobson -has called "a song of applause." Several chiefs who had been silently -sympathetic with the Governor now sprang up actively in his support, -and by their championship changed the whole spirit of the debate. - -"Welcome, welcome, welcome, Governor!" cried Ngaro. "Here are the -Missionaries; they come to the land, they bought and paid for it, else -I would not have them. Come, Come! I will have the Governor. No one -else perhaps will say 'Yes,' but I, Ngaro, I will have him. That is -all I say." - -MOSES (Mohi Tawhai)--"Where does the Governor get his -authority? Is it from the Queen? Let him come; what power has he? -Well, let him come, let him stop all the lands from falling into the -hands of the _Pakehas_. Hear, all ye _Pakehas_! Perhaps you -are rum-drinkers, perhaps not; hear what is said by us. I want all to -hear. It is quite right for us to say what we think; it is right for -us to speak. Let the tongue of every one be free to speak; but what of -it? What will be the end? Our sayings will sink to the bottom like a -stone, but your sayings will float light, like the wood of the -Whau-tree, and always remain to be seen. Am I telling lies?" - -Kaitoke, who had previously delivered a hostile speech, again openly -maintained his opposition by interjecting, "Let us choose our own -Governor." - -These sentences, democratic though they were to the last degree, found -no sympathy with Rangatira Moetara, who followed with a brief speech. - -"Welcome, Mr. Governor! How do you do? Who sold our land to the -_Pakehas_? It was we ourselves by our own free will; we let it -go, and it is gone, and what now? What good is there in throwing away -our words? Let the Governor sit for us." - -MOSES (Mohi Tawhai)--"Suppose the land has been stolen from -us, will the Governor enquire about it? Perhaps he will, perhaps he -will not. If they have acquired the land by fair purchase, let them -have it." - -Taonui, upon whom the refutation of Manning by the Governor had -evidently had a marked effect, again rose and said: - -"Lo, now for the first time my heart has come near to your thoughts. I -approach you with my whole heart. You must watch over my children; let -them sit under your protection. There is my land too; you must take -care of it, but I do not wish to sell it. What of the land that is -sold? Can my children sit down on it? Can they--eh?" - -Here the chiefs Waaka Nene, his brother Patuone, Rangatira, and -Taonui stepped forward and chanted a song of welcome to the Governor, -after which Nene made the following speech: - -"Listen to me, Governor; all of you listen to me. This is my speech. -If the Baron de Thierry wishes to claim my land, why is he not here -to-day? No, no; it was never sold to him. Does he think he will have -it? No, no; he shall not have any of it. This is all I have to say." - -A chief, Hone Kingi Raumati, whose baptismal name was John King, next -delivered a sympathetic address: "My speech is to the Governor. This -is what I have to say. It was my father, it was Muriwai, told me to -behave well to the _Pakehas_. Listen, this is mine; you came, you -found us poor and destitute. We on this side say, 'Stay and sit here.' -We say, 'Welcome, welcome'; let those on the other side say what they -like. This is ours to you. Stay in peace. Great has been your trade -with our land. What else do you come for but to trade? Here am I. I -who brought you on my shoulders.[97] I say come; you must direct us, -and keep us in order; that is all mine to you. If any one steal -anything now there will be payment for it. I have done my speech." - -A chief whose name does not seem to have been preserved by the -chronicler of the meeting, but who had support for the Governor in his -words, said: "How do you do? Here am I, a poor man; and what is this -place? A poor place, but this is why you have come to speak to us -to-day. Let the _Pakehas_ come and I have not anything to say against -it. There is my place, it is good land; come and make it your -sitting-place--you must stay with me. That is all." - -The last speech was that of Daniel Kahika: "What indeed!" he said in -indignant tones. "Do you think I will consent to other people selling -my land? No, truly. If my land is to be sold I will sell it myself. -But no, I will not sell my land. I do not like the _Pakehas_ to -tease me to sell my land. It is bad. I am quite sick with it. This is -my speech." - -So closed the debate at Hokianga. Apologies were freely offered by the -opposing chiefs, the most prominent of whom at once came forward and -signed the treaty. - - "When the example had once been shown," wrote Captain Hobson, "it was - with difficulty I could restrain those who were disentitled by their - rank from inserting their names. Upwards of fifty-six signatures were - given,[98] and at twelve o'clock at night the business closed. Before - the last of the party were dismissed it was intimated to me that the - chiefs were desirous I should attend their feast on the following - morning, and in order to gratify them I relinquished a visit I had - arranged to the lower part of the river. At ten o'clock on the 13th I - went by appointment to the Hauraki, and there 1000 as fine warriors - as were ever seen were collected in their best costume. The native - war-dance, accompanied by those terrific yells which are so well - qualified to exhibit the natural ferocity of the New Zealand - character, was exhibited for my amusement, the guns from a small - European battery were fired, and the natives discharged their muskets - and dispersed under three hearty cheers for my party. The feast which - I had ordered to be prepared, consisting of pigs, potatoes, rice, and - sugar, with a small portion of tobacco to every man, was partaken of - by all in perfect harmony. It was estimated that of men, women, and - children there were 3000 persons present. The influence against me - was entirely traceable to the foreign Bishop of the Roman Catholic - persuasion, and to a set of escaped convicts and other low ruffians - who have congregated on the river in considerable numbers. These - parties, though actuated by different motives, were united in their - proceedings, and many of the latter were agents of the former. Mr. - Manning, whom I have before mentioned, though not of a degraded - class, is an adventurer, who lives with a native woman, has - purchased a considerable portion of land, and being an Irish Catholic - is the active agent of the Bishop. Another person, altogether of a - lower description, known under the name of 'Jackey Marmon,' who is - married to a native woman, and has resided in this country since - 1809, is also an agent of the Bishop. He assumes the native character - in its worst form--is a cannibal--and has been conspicuous in the - native wars and outrages for years past. Against such people I shall - have to contend in every quarter, but I do not despair of arranging - matters hereafter with comparative ease. The two points at which I - have already met the natives were the strongholds of our most violent - opponents, and notwithstanding the untiring efforts of the Bishop - Pompallier and the convicts, I have obtained the almost unanimous - assent of the chiefs. Of the whole of the Hokianga but two head - chiefs refused their consent, and even from their tribes many chiefs - have added their names to the treaty. On the morning of the 14th, - when preparing to return here, I regret to say that, notwithstanding - the universal good feeling which subsisted among the chiefs on the - previous day, two tribes of the Roman Catholic Communion requested - that their names might be withdrawn from the treaty. It is obvious - that the same mischievous influence I before complained of had been - exercised in this instance. I did not of course suffer the - alteration, but I regret that the credulity of the chiefs should - render them so susceptible of unfavourable impressions. I considered - that on the conclusion of the treaty at Waitangi the sovereignty of - Her Majesty over the whole of the northern district was complete. I - can now only add that the adherence of the Hokianga chiefs renders - the question beyond dispute. I therefore propose to issue a - Proclamation announcing that Her Majesty's dominions in New Zealand - extend from the North Cape to the 36th degree of longitude. As I - proceed southward and obtain the consent of the chiefs I shall extend - these limits by Proclamation until I can include the whole of the - Island." - -On the day that Captain Hobson had first met the Rev. Henry Williams -on board the _Herald_ one of the many subjects they had discussed -was the purchasing of a site for the colonial Capital. In this respect -the Missionary's geographical knowledge of the north was invaluable, -and when asked for his opinion he immediately pronounced solidly -against the Bay of Islands where the land was too confined for a -potential city. He was, however, enthusiastic about the isthmus at the -Waitemata, as being unoccupied by natives, and possessing topographical -advantages far in excess of any other known site. It was, therefore, -for the dual purpose of inspecting this promising locality, and of -meeting the natives at Waitemata, that the Governor and Mr. Williams -left the Bay of Islands on February 21 in the _Herald_. A -considerable number of signatures were obtained at various points -along the coast of the Hauraki Gulf, and on reaching the mouth of the -Waitemata River in the Firth of Thames,[99] Mr. Williams was -despatched to Maraetai to communicate with and collect the natives in -that district. As he was returning to the ship four days later he met -Captain Nias coming to meet him in his boat. The Captain conveyed to -him the disquieting intelligence that on the previous Sunday (March 1) -Captain Hobson had been attacked by a violent illness--due to the -harassing nature of his duties and to long exposure to wet, resulting -in a paralytic seizure[100]--so severe as to disable him, and to cause -him to seriously contemplate his resignation and return to Sydney. - -When the Missionary saw the invalid in his cabin he took a more -optimistic view of the situation, and strongly urged Captain Hobson -not to determine so hurriedly to relinquish his office as Governor. He -further offered to find him comfortable quarters at the Mission -station where he could rest and have every care it was possible to -provide under the circumstances. These persuasions induced the -Governor to fall in with the Missionary's views; the _Herald_ -returned to the Bay of Islands, and the patient was conveyed to the -house of Mr. Richard Davis at Waimate, where he was attended by the -ship's surgeon, Dr. Alexander Lane, and was for several months nursed -with the utmost solicitude by the Missionary's family. - -During this period of forced inactivity Captain Hobson displayed the -greatest anxiety that the interests of his mission should not suffer -because of his misfortune, and so far as his energies would permit he -daily laid his plans for the carrying on of the campaign which had -thus been suddenly interrupted so far as he was personally concerned. - -Fortunately he was surrounded by a band of men who were loyal, and -enthusiastic in the cause he had come to espouse, and he had no -difficulty in enlisting the services of those who were prepared to -continue the work where he had been compelled to lay it down. In this -respect the Missionaries, confidently relying on the traditional -justice of the British Government,[101] were particularly zealous, and -to them more than to any one else does the ultimate success belong. -Had they so much as whispered hostility, the treaty and all its -professions would have been rejected and despised. So far from this, -they not only lent it the influence of their word, but at this -critical stage, when the Governor was lying a stricken man, they -became the harbingers of its promises and the apostles of its -principles.[102] - -To the north went the Rev. Mr. Taylor with Mr. Shortland; to the east -the Rev. William Williams, each bearing an authenticated copy of the -treaty, and authorised to treat with the principal native chiefs, at -properly constituted gatherings, for their signatures and their -adherence to the provisions of the national compact. - -The meeting in the north, which must rank next in importance to the -gatherings at Waitangi and Hokianga, was that conducted by Lieutenant -Shortland at Kaitaia. Indeed it is questionable whether in some -respects it has not achieved a greater celebrity, for it was here that -the eloquent chief Nopera (Noble) coined the phrase which has been -more often quoted than any other in connection with the history of the -treaty: "The shadow of the land goes to the Queen, but the substance -remains with us." - -On April 27 Mr. Shortland, who had now become Colonial Secretary, -accompanied by the Rev. Mr. Taylor, Dr. Johnston, and Lieutenant Smart -of the mounted police embarked on board the little schooner _New -Zealander_, and steering for the far north, touched first at -Mangonui, where they obtained the services of a native pilot, and on -the following Saturday anchored in the Awanui River, fully sixteen -miles from their destination. Mr. Taylor and the Doctor at once left -the vessel, and pushed on to the Mission station, there to arrange the -preliminaries with Mr. Puckey, the resident Missionary. The Colonial -Secretary remained on board the schooner until the Monday, and then -with Lieutenant Smart and the members of his force proceeded up the -river to Kaitaia, where they were received with volleys of musketry, -and the fearsome evolutions of the war dance. From an early hour on -the following morning the chiefs and people were astir, busy with the -preparations for the meeting, their demeanour being marked by a -cordiality which had been so conspicuous by its absence at Waitangi -and Hokianga. - -At 10 o'clock the people--a motley and vivacious crowd--assembled on a -large grass plot in front of Mr. Matthew's house, where they were -addressed by the Colonial Secretary, with a solemnity befitting the -occasion and a pomposity[103] which he deemed becoming his station. -The illness of the Governor was touchingly referred to as a reason for -the speaker's presence; the text of the treaty was read; the purpose -of the compact explained; the machinations of the Queen's opponents -were denounced, and a promise given that His Excellency would strictly -perform all the solemn engagements which the treaty imposed upon him -in the name of Her Majesty. - -With this important difference, that there was but little opposition, -there were few features to distinguish the debate from its -predecessors. Several of the speakers boldly stated they had been told -that the treaty was nothing but a cunning device to enslave them. -There were also dark references to a Nga-Puhi plot to drive the -_Pakehas_ into the sea, but to which they unhesitatingly declared -they were not prepared to give their countenance,[104] the speeches as -a whole breathing deeply the influence of the Missionaries. - -The first speaker was a chief who had accepted the baptismal name of -Taylor,[105] who appeared to scent trouble, but subsequently signed -the treaty under the name of Reihana Teira. - -"This is my speech. We have always been gentlemen; we do not want a -shepherd. We will not be hindered getting wood; we formerly cleared -any spot of land we liked, burnt the wood; then some once came and -built a house on it, and then we quarrelled." - -"The _Pakehas_ say the Governor comes to take the land," -exclaimed a chief whose name has not been recorded. "This is the first -time I ever heard the _pukapuka_ (the treaty). The _Pakehas_ -explained it differently. Some people say plenty of _Pakehas_ are -coming to buy our land, but not for our good. They say the soldiers -are come to shoot us, and that the Governor will not be a shepherd for -us.[106] They say Mr. Puckey and Mr. Matthew know what is to become -of us, but will not tell us. These are my sayings." - -WILLIAM (Wiremu Wirihana)--"They tell us you are come to -murder all the Maoris, but if your works are good you will come to -preserve us. If you are like the Missionaries that will be good. We -fear the soldiers." - -In clear and emphatic tones Te Rewiti, to whom has been given the -English name of Davis, exclaimed, "I say 'Yes,' I say 'Yes' for the -Queen. Although some men say 'No,' for the Governor, I say, 'Yes.' If -the Governor come to be our shepherd that is good; but if he come to -take our land I will not have him. If you say who makes me say, 'Yes,' -I say my own heart. Much land has been bought by the _Pakehas_. -Let it not be said it has been taken by the Governor. It has been -taken before. I have nothing more to say. If you have anything to say, -say it now, but do not go home and grumble." - -"Let all our sayings be one, let none say 'No,'" was the counsel of -Forde. "The Governor has not taken our land, it was taken before. My -heart and my thoughts are with the Governor. I say, Yes, yes." - -MARSDEN--"We shall not be slaves. Had we gone to other lands -we might have been slaves; they have come to protect us. Let not our -hearts be dark; let us not listen to words from afar; let us see -first. Is it not sin to murder and commit adultery; to tell lies. If -what we hear from our teachers is true then what we hear from the -Governor is not a lie." - -"I have no land to give the Governor," said Toketau (Tokitahi). "We -were gentlemen before, we will be greater now. Now we have more -blankets, shirts, and trousers. Our houses were once made of rushes; -they are better now. I have made my speech." - -BUSBY (Puhipi)--"Before the _Pakehas_ came we loved our -own people. We sometimes quarrelled and then made war; then we made -peace again and rubbed noses, then we had another battle. I am glad -you are come; let our hearts be one. If quarrels happen who will settle -them? You are so far off. Murder and theft may be suppressed, but what -shall be done with adultery? It is carried on privately; do not let it -be said that I hide anything." - -PI (Pihere)--"It will be good to see all the adulterers -hanged in a row." - -"Will a man be taken up if he walk in the night?" was the pertinent -question put by Matiu Tauhara (Mathew). "That is all I am afraid of. -If a man steal it is right to punish him. This is all I have to say: -Let all the Governors and _Pakehas_ be like the Missionaries, -that we be good. We have not been hurt by them." - -"If your thoughts are as our thoughts in Christ, let us be one. We -believe your hearts to be good. The _Pakehas_ bought all our -land, and we have no more," were the words of Matiu Huhu. - -The speech of Paratene Waiora (Broughton) concluded those of the minor -chiefs. - -"There is only one great man," he said, "who cannot be killed, that is -the tongue; it often stirs up great wars. My father, Nopera, was -sitting in his house reading his Bible when they said he was gone to -the north to kill the people. I say send away Pikopo (Bishop -Pompallier). Send him back; he is the cause of strife amongst us." - -Nopera Panakareao, the most powerful chief in the district, who had -accepted the not inappropriate baptismal name of Noble,[107] then rose -and delivered the great speech of the meeting--a speech if not the -most influential in guiding the native mind at a critical moment it is -at least so rich in worldly wisdom, so happy in poetic simile, so full -of fervent loyalty, that it has become one of the Maori classics, and -deserves to be preserved amongst the finest examples extant of -old-time native oratory: - -"Here all of you _Pakehas_ and Maoris. This is my speech. My desire -is that we should be all of one heart. Speak your words openly; speak -as you mean to act; do not say one thing and mean another. I am at -your head. I wish you all to have the Governor. We are saved by this. -Let every one say 'Yes,' as I do. We have now some one to look up to. -Some say it will be the _Pakehas_ who will offend, I say no; it will -be the Maoris. My grandfather brought the _Pakehas_ to this very spot, -and the chiefs agreed with what my grandfather did. He went on board -the ship and got trade. He spread it through the land. Let us act -right as my ancestors did. The _Pakehas_ went to the Bay of Islands -and were murdered. Let us do them no harm. What has the Governor done -wrong? The shadow of the land goes to the Queen, but the substance -remains with us. We will go to the Governor and get payment for our -land as before. If the Nga-Puhi commit evil they will suffer. We have -always been friendly with the _Pakehas_. We never went in ships to -England or Port Jackson to buy arms to kill our countrymen. If you -want to be cut off, go and fight the Governor. Do not, like the chiefs -at Hokianga, wish to kill the Governor. Live peaceably with the -_Pakehas_. We have now a helmsman, one said, 'Let me steer,' and -another said, 'Let me steer,' and we never went straight. Be jealous: -look well into your own hearts and commit no evil. The natives did -wrong at the Bay and suffered. What man of sense would believe that -the Governor would take our goods, and only give us half of it? If you -have anything else to say, say it; but if not, finish, and all of you -say, 'Yes'--say 'Yes.'" - -This oration swept away all vestige of possible opposition as chaff -before the wind. No one was bold enough to contend with the -redoubtable Nopera, to agree with him were superfluous. The debate -therefore abruptly closed with a general exclamation of "_Ae, -Ae_" ("Yes, yes") and the assent and signatures of sixty of the -principal chiefs were speedily obtained,[108] so that a few days -later Captain Hobson was able to write from his sick-room to the Chief -Secretary for the Colonies: "I am happy to report to your lordship -that Mr. Shortland succeeded to the fullest extent." - -The Ambassador to the west was Captain Symonds,[109] an officer of the -British Army, who immediately on receipt of his instructions proceeded -to Manakau and there, aided by Mr. Hamlin, a Catechist of the Church -Missionary Society, summoned at short notice a meeting of the chiefs. -The Missionary explained to the assembled warriors the views of the -British Government, and solicited their adherence to the treaty, but -the opponents of the measure had been in advance of its advocates, and -prejudice was already in the air. Amongst the most active in his -hostility was the vacillating Rewa, who having reluctantly signed the -document at Waitangi, had speedily recanted.[110] He now sought to -make up for his apparent desertion from the ranks of the opponents by -the violence of his attacks upon the Government, and Captain Symonds -found the chief had been so successful in his misrepresentations that -he was not able to do more at the first meeting than to dispel some of -the doubts which the ingeniousness of Rewa had created in the minds of -all. A few days later the chiefs were again in council, when new -forces were gathered from the Waikato, Taranaki, and Taupo. With these -Rewa had less influence, with the result that some signatures, and -several promises were obtained from amongst the most influential men. - -But now a new species of opposition was developed. The haughty Te -Wherowhero, the potential king of the Waikato, felt that he had been -slighted in not being bidden to consult with the _Pakeha_ -Governor ere this. Why had he been left to this late hour, and who -were these who had been placed before him? His dignity was severely -wounded; his aristocratic soul rebelled against such scurvy treatment, -and in a fit of pique he wrapped his blanket about him and refused to -sign. - -Feeling that he must be satisfied for the present with whatever -measure of success he had achieved, Captain Symonds left Manukau on -April 3, and hauling his boats across the portage which divides the -Manakau from the waters of the Waikato, he proceeded down the Awaroa -river to the Church Mission station at the Waikato Heads. Here he was -received with the utmost cordiality by the Rev. Mr. Maunsell[111] who -was waiting his coming with no small anxiety. Matters had almost -reached a crisis with the Missionary, who in the previous month had -taken advantage of a large gathering of natives for religious purposes -to introduce the subject of the treaty, a copy of which had already -been forwarded to him by the Lieutenant-Governor. The project had been -received by the natives in the most friendly spirit, and signatures -had been obtained with the utmost alacrity. One important feature, -unobserved at the time, had, however, been omitted. No presents had -been sent to the Missionary to distribute amongst the signatories. -Exception had not been taken to this apparent lack of hospitality at -the moment, but word had come into the settlement from the north that -all who had signed the treaty at the Bay of Islands, and at Hokianga -had been paid with the Governor's blanket. The insidious nature of -this treatment had just dawned upon them when Captain Symonds arrived. -The whole settlement was in a state of wildest excitement. Their -Missionary had deceived them; payment had been withheld; their -signatures had been wrongly obtained. To put matters right they loudly -demanded the return of the offending paper that they might tear it to -bits and scatter it to the winds. Symonds was, however, able to -quieten the tumult with timely explanations, and, what was more to the -purpose, distributed a number of blankets amongst the chiefs, -promising a similar gift to all others who would subscribe to the -terms of the treaty. - -The expedition displayed by Mr. Maunsell, but which had come so -perilously near wrecking his own influence, proved an unexpected boon -to Captain Symonds, who on examination of the signatures thus obtained -discovered that with few exceptions all the influential chiefs as far -south as Mokau, had acknowledged the sovereignty of the Queen. These -few were resident in the districts of Aotea and Kawhia, and were -within the sphere wherein was labouring the Rev. John Whiteley,[112] -of the Wesleyan Mission. To him accordingly Captain Symonds wrote, -"being well assured of the disposition on the part of the Wesleyan -Mission to support the Government by every exertion in its power," and -confided to him the execution of that portion of his instructions -which he deemed could be more expeditiously carried out by the -Missionary than by himself. - -On April 18 Captain Symonds returned to Manakau, and there obtained -seven more signatures. Te Wherowhero[113] was still obdurate, though -manifesting no ill-will towards the Government. His native pride had -been hurt, and time had not yet healed his injured spirit. - -In these latter negotiations Captain Symonds laboured under the -considerable disadvantage that he was unable to procure the services -of a competent interpreter, Mr. Hamlin[114] being absent on duties -incidental to his station. The lack of all public ceremonial was also -to his disadvantage, the pageant of which ever appeals with persuasive -force to the impressionable mind of the savage; while the surroundings -were not altogether without the suggestion that the crozier was still -secretly opposing the Crown. - -[Illustration: REV. HENRY WILLIAMS, C.M.S.] - -For the purpose of preserving the consecutive nature of our narrative -it will be convenient at this point to digress for a moment, and in -that time discuss a debatable point which must ere now have occurred -to the reader, viz. what was Bishop Pompallier's attitude towards the -treaty? To aid our judgment in this connection two classes of evidence -are available,--that of the Protestant Missionaries and the official -despatches of those engaged in the promotion of the treaty, on the one -side, and the personal statement of his position by the Bishop on the -other. Bishop Pompallier had landed at Hokianga in 1838 for the -purpose of establishing a branch of the Roman Catholic Oceanic -Mission, of which he had been appointed Vicar Apostolic. We have his -assurance, which may be accepted without reservation, that he hoped to -labour in a part of the country where he would not come into conflict -with other Missions, and it came to him as a surprise, and probably as -a deep disappointment, when he discovered that the existing Missions -had so far covered the country that no such isolation was possible at -Hokianga, upon which he had determined as the centre of his operations. -But having come he decided to remain; and his advent was a bitter -trial to the representatives of the Protestant Missions, who foresaw -in it a serious interruption of their work by the introduction to the -Maori of doubts and controversies which, while disturbing, were not -essential either to their civilisation or to their soul's -salvation.[115] Exactly what they anticipated would occur, did occur, -with the result that the animosities of religious rivalry were kindled -in a way that had never been known between the Anglican and Wesleyan -Missions; and the absurdity was not infrequently witnessed of Maoris -confidently discussing matters of dogma which for centuries have -baffled solution at the hands of trained theologians. The effect of -this was to sow the seeds of bitterness in the hearts of the -Protestant Missionaries, and there is sometimes noticeable a dearth of -charity in their references to the Bishop which unfortunately is not -singular in Church history. - -We may, therefore, discount on the grounds of prejudice their -accusations against the "Catholic Bishop" as much as we please, but we -have still to account for the awkward fact, to which Mr. Colenso has -drawn pointed attention, that the most violent opposition to the -treaty at Waitangi came from the chiefs living under the religious -guidance of Bishop Pompallier. The same circumstance was noted by -Captain Hobson at Hokianga, by Captain Symonds at Manakau, and by -Major Bunbury at Tauranga. Was, then, this widespread disaffection -amongst the Catholic converts merely a coincidence? or was it the -fruit of suggestion? - -It has to be admitted that whatever feelings animated the Protestant -Missionaries, at least Captain Hobson was not the victim of religious -prejudice. From the first he adopted an attitude of most respectful -deference towards the Bishop, a partiality which the Frenchman was not -slow to observe and comment upon. When, therefore, the Lieutenant-Governor, -took the responsibility of stating in his despatch to Sir George Gipps -(February 17, 1840), "The influence against me was easily traceable to -the foreign Bishop of the Roman Catholic persuasion," he is at least -entitled to the credit--considering the character of the man--of our -believing that he would not have made so bold an assertion had he not -been fortified by the conviction that there was evidence to support -it. The same measure of confidence must be accorded to Captain -Symonds, a military officer of, so far as we can judge, the highest -integrity. In reporting the result of his mission at Manakau he -records the fact that "Rewa the principal follower of the Roman -Catholic Bishop, exerted all his influence against me," and that on -his return to this settlement from the Waikato Heads a few days later, -he was still unable to secure the signatures of certain chiefs, a -failure which he attributed "partly to the Bishop's influence." Again -bluff Major Bunbury tells us that when at the Otumoetai Pa, near -Tauranga, "Another chief expressed some indignation because the -Christian chiefs had not, as he said, met them. I presume he meant -those from the other _pa_ where Mr. Stack's influence was -supposed to extend more than his own, and where a Roman Catholic -Residency and the Catholic Bishop were supposed to have more -influence." - -Whether this failure on the part of the Christian natives to -co-operate with the residents of Otumoetai in the consideration of the -treaty meant their active hostility, or merely a negative indifference -to the proposals of the Crown, is not clear, nor is it certain to -what extent the influence of the Missionary Bishop and his assistant -contributed to either of these conditions, if either existed. Certain -it is, however, that neither exerted themselves to aid the -consummation of the treaty. Of this fact Bishop Pompallier has made no -secret so far as he himself was concerned, and it is unlikely that his -clergy would adopt an attitude different to his own. Neutrality he -makes the buttress of his position, professing a total disregard for -politics; his whole concern being the spreading of the Church's -influence and the refutation of heresy. Of this, a perusal of the -Bishop's own statement is the least devious road to proof: - - On January 1840 Captain Hobson arrived at the Bay of Islands with the - qualification of English Consul and Vice-Governor of New Zealand, - under the immediate control of the Governor of Sydney in New Holland. - The corvette, the _Herald_, brought Captain Hobson and all the - members of his approaching administration. The Protestant - Missionaries spread the report amongst the natives that this time the - Catholic Bishop was going to be taken out of the country by the - English man-o'-war which lay at anchor off the coast. They said also - that I would not dare to appear at the public meetings that the new - Governor was going to hold with the Maori chiefs and the whites, to - talk over with them his plans for the Colonial administration of New - Zealand. All the natives in the country were astonished both at the - arrival of a strange Governor, and at the strange reports that were - flying about. The day after his arrival, the Maori chiefs received - printed letters from Captain Hobson, inviting them to meet at a place - in the Bay called "Waitangi," where a treaty was to be read to them - in their own language, and afterwards signed by them. Many of the - Catholic chiefs came to consult me, above all the great chief Rewa. - They asked me what was to be done under the circumstances in which - their country was placed, and whether they ought or not to sign. I - answered them that these were political matters which were outside my - province. I was only in this country to pasture souls in the word of - God, and direct them in the faith, morality, and the Catholic - discipline, confer the sacraments of salvation on persons of - whatsoever nationality who should have recourse to my ministry in a - proper disposition, and that there ended my divine mission. It was - for them to determine what they might desire to do with their - national sovereignty; whether to keep it or to transfer it to a - foreign nation; they were therefore at liberty to sign or not, to - sign the treaty which was going to be put before them; that for - myself and my clergy we were prepared to exercise our ministry of - salvation for those who signed in the same manner as for those who - did not sign. In a word, we were prepared to instruct them in the - faith whether they continued to be New Zealanders or became English. - Now in this way I kept myself entirely aloof from politics, and the - people were at liberty to do as seemed best to them, with regard to - their social state of life, and I remained free in what concerned my - ministry for the spiritual and Christian life they had to follow in - the Catholic Church. I went dressed in my Episcopal cassock, to the - great meeting of the chiefs of the Bay of Islands with the whites, - over which Captain Hobson presided. His Excellency was surrounded by - the officers of the corvette and by a number of Protestant - Missionaries. My coming was a great surprise to the latter, and to - the natives who had heard that I should never dare to appear there. - Captain Hobson received me with much civility and respect, and caused - me to be put in a place of distinction. A political treaty which the - English Government wished to conclude with the Maoris was read and - explained to them. By virtue of this treaty the Maoris became English - subjects; they remained masters of their landed property, but they - were not allowed to sell, as formerly to private purchasers. If they - desired to sell any of their land they could only do so with the - consent of the Colonial Government. - - While the speeches were being made on behalf of Captain Hobson and - the chiefs of the Maori tribes I remained silent; I had nothing to - say; they were simply about political matters. One question, however, - interested me deeply, it was that of religious freedom about which no - one in any way seemed to trouble themselves. Before the last meeting - broke up, and it became a question of signing the treaty I broke - silence. I addressed Captain Hobson, begging him to make known to all - the people the principles of European civilisation which obtain in - Great Britain, and which would guarantee free and equal protection to - the Catholics as to every other religion in New Zealand. My demand - was immediately acceded to by Captain Hobson, who made a formal - notification of it to all the assembled people, to the great - satisfaction of all the Catholic chiefs and tribes, who triumphed in - the fact of my presence in the face of the Protestant Missionaries, - and at the speedy compliance with the few words I had spoken. As to - the political treaty, was it or was it not understood by the natives? - That is a mystery difficult to solve. The result was that some chiefs - signed it and some did not. But the Catholic religion gained instead - of losing its dignity and its influence over the minds of the people. - When a certain number of natives had signed the treaty the - sovereignty of England over the whole of New Zealand was declared by - a salvo of artillery fired by the corvette _Herald_. The English - flag floated over the country, and Mr. Hobson took the title of - Vice-Governor of New Zealand. As for myself, I exercised my ministry - as freely as before over all parts of this large archipelago. The - Governor seemed to have a particular regard for the Catholic Bishop. - His Excellency promised that my future missionary vessel should be - free from all imposts, and that everything that came to me from - beyond the country for the purpose of my labours should be free from - duty. My position at this time disappointed not a little the ill-will - of those who had spread sinister reports about myself and my clergy, - some weeks before. The people became more and more confident in the - idea that Protestantism had always been deceiving them. They saw, - moreover, that we had come to New Zealand but for them and the ends - of salvation, in favour of every soul that lived in the country, not - troubling ourselves as to what national flag they belonged. They saw - in our hands but one standard, that of the cross that leads to - Heavenly glory. At one time they had said the Catholic had come to - seize upon the sovereignty of New Zealand, and they beheld him - remaining and working just as before, after possession had been - taken. Many natives in their uprightness said, "It was all very well - for the Protestant Ministers to tell us so much about the Catholic - Bishop taking our country, but on the contrary, it was themselves, in - their own nation who took it from us." From all these new - circumstances there resulted on the part of the people, English and - Maoris, but especially the latter, more esteem, more confidence, more - attention for the Bishop and the Catholic Clergy.[116] - -The Bishop's publicly expressed views receive valuable confirmation -from Captain Lavaud, of the French frigate _L'Aube_ which reached -the Bay of Islands in July 1840. After paying his respects to the -Lieutenant-Governor, the Captain proceeded to the Bishop's house and -there had an interview with the prelate, the substance of which he -subsequently reported in the following terms to the French Minister of -Marine: - - I arrived at the Bishop's only in the afternoon, so long is the - passage from Russell-town to Kororareka against contrary winds and - tide. I was curious and impatient to hear what he might have to - communicate to me. Still I was reassured as to the situation in which - he found himself placed with regard to the authorities, by the very - pleasing manner in which Mr. Hobson[117] had just spoken of him to - me: the feelings of esteem and consideration which he expressed; the - respect his name evoked from all those present, and the well-deserved - praise they gave to his character and his tolerance. Compared with - the Anglican Missionaries he was the real good man, the friend of the - poor and of the savages, having no other ambition than to call to the - Catholic faith and to civilisation the natives, to whose happiness he - consecrates his existence, hoping to receive in the other world a - reward which his adversaries prefer to taste in this one. Their - evangelic labours are thus always accompanied by schemes of - aggrandisement of luxury, and of riches, things in which they have - until now made considerable progress. To stop them nothing less was - necessary than the prohibition of the Queen (of England) forbidding - them henceforth to acquire land from the natives, and limiting the - holdings to 2500 acres. These gentlemen were indeed not slow to - notice that though they were occult instruments of British power in - New Zealand, they were its first victims. One must not, however, - believe that the Anglican, Wesleyan, Methodist, and other - Missionaries occupy themselves exclusively, and all of them, with - speculations and means of making their fortunes; they also occupy - themselves with the instruction of the people, but I shall have - opportunity later on of returning to this subject. On my arrival at - Bishop Pompallier's I received the marks of kindness which that - excellent pastor lavishes on all his fellow-countrymen. He thanked me - more than it was necessary for him to do for all my care and - attention towards the priests during the voyage, and he did not - conceal from me that this little increase of subjects sent out to him - by the Marist community had been so necessary for so long a time that - it was no longer by twos, but by tens and even twenties that priests - ought to be sent out to him to help him to save the people of New - Zealand, of whom 25,000 were already on the way to Catholicism. He - also told me how grateful he was to the French Government for the - protection it granted him, as well as to his mission in these seas. - He spoke to me of the acts of kindness of the King, of the Queen and - the Royal family, and principally of the interest H.R.H. Madam - Adelaide was taking in the success of his labours. I took great - pleasure in listening to Monsignor Pompallier on this subject, but I - had not lost sight of the fact that he must have other things whereof - to inform me. I, too, since I had seen Captain Hobson, was rather - eager for news, and curious to know the mission of the _Herald_. I - therefore profited by the first opportunity I had to ask the Bishop - to speak to me about the political events of this country, but - Monsignor is like they all are, he loves his Mission, his successes, - his hopes, and it was with difficulty he decided upon changing the - subject of conversation, but at last he did it most graciously. I - learned thus from him, that from the month of February 1839, Captain - Hobson, who had arrived some days previously in the Bay of Islands, - with the title of "Consul" had assumed the rank of Lieutenant-Governor - of the Islands of New Zealand conferred on him by the gracious will - of the Queen; that an assembly presided over by him, and attended by - most of the great chiefs of the North Island, as well as several - Europeans of distinction, Monsignor himself included, had taken - place, the aim of which was to make known to the New Zealand chiefs - that the Queen would grant her powerful protection to the New Zealand - tribes who had solicited it, only under the condition that the treaty - proposed to them would inform them that H.B.M. would extend her - sovereignty over the Islands of New Zealand only as far as these - chiefs would consent to sign it. I here transcribe this official - document, yet but little known, and so singularly reproduced by some - persons.[118] - - It will be noticed that at the Assembly of which I have just spoken, - which was held in Busby's in Wai-Tanghi, there was not one single - Frenchman, except Monsignor. They thought by their absence (at least - that was their intention) to protest against what was taking place. - The Bishop who certainly was not obliged to inform me of the motives - that made him act differently, told me, however, that having received - a special invitation from Mr. Hobson, he thought he ought not to - refuse his presence, inasmuch as his Mission was quite a spiritual - one, and that his being an ecclesiast put him outside of all - politics, and that it was most necessary for the success of - Catholicism in this country that all should be convinced that in that - respect he was perfectly indifferent, that every day he was trying to - avoid giving his conduct the slightest doubt of the purity of his - intentions, that besides in the assembly Captain Hobson had in his - address to the New Zealand chiefs, of whom several were Catholics, - informed them that Bishop Pompallier, pointing him out, would remain - amongst them, that he would be protected there, as well as the - religion he preached, in the same manner as the British Missionaries - and their co-religionists. At this assembly the New Zealanders - appeared uneasy and anxious to know how the meeting would end, - during which several speeches were delivered by the chiefs, partly to - the Governor and partly to the New Zealanders themselves. At one - moment it was feared the treaty would be rejected. Several chiefs - spoke against it, and one of the most prominent, Rewa-Rewa, went as - far as to say, "Let us drive away the white chief. What does he come - here for? To take away from us the liberty you are enjoying. Do not - believe his words. Do you not see that, later on, he will use you to - break stones on the roads?" - - This chief belonged to the Catholic religion, but his allocution was - opposed by two of the principal chiefs of the Island, and of the - district of Hokiangha, as well as by Pomare the nephew of the - celebrated chief of that name of Kawa-Kawa, in the Bay of Islands, - all partisans of the Williams Mission. This allocution (Rewa's) did - not have the success he expected for it, and the acceptance took - place, although without enthusiasm, by the majority of the members of - the assembly. Several gave their adhesion by signing the treaty, - others retired without signing, and already on the following day, - after a few small gifts, the sovereignty of H.M. the Queen of England - was proclaimed over the North Island of New Zealand. Eye-witnesses - report that this declared sovereignty is a conjuring trick on the - part of Captain Hobson, but in that case, at least we must admit that - the trick was played rapidly and skilfully enough. Other official - declarations were made on the same subject. - -Here then are the facts--conflicting it is true--from which no doubt -conclusions equally conflicting will be drawn. Having regard to the -high character of the Bishop it is inconceivable that he would desire -to do anything but that which was right. It is, however, equally -possible that he experienced a difficulty in completely suppressing -his national feelings, and that he had unconsciously created for -himself the paradoxical position of being neutral as an ecclesiastic, -and yet hostile as a Frenchman. - -Along the populous shores of the Bay of Plenty, and in the interior -behind Tauranga, Hobson had as his allies the Revs. Brown and Stack, -while William Williams[119] carried the treaty from _hapu_ to _hapu_ -through the rugged country on the eastern coast between East Cape and -Ahuriri.[120] In a like manner upon Missionaries Chapman and Morgan -devolved the onerous task of bringing the turbulent Arawas at Rotorua -into line. The manner in which these minor envoys laboured, and the -extent to which they succeeded is modestly told in their letters to -the Lieutenant-Governor; but this much must in justice be said, that -though their proceedings were necessarily less picturesque in their -setting, and less sensational in their climax, they were equally -sincere with those who garnered in the wider fields, and who in -consequence have loomed more prominently in the historical -perspective. - -A mission upon a more extensive scale and one fraught with more -important issues was entrusted to the Rev. Henry Williams. To this -virile Missionary was allotted the task of bearding the lion in his -den, for the Lieutenant-Governor had every reason to believe that the -officers of the New Zealand Company would use whatever influence they -possessed to prevent the consummation of a policy which in its -ultimate effects they surmised would be so prejudicial to their own. -For this assumption events proved there was only too much justification. -The Government had, however, put its hand to the plough; and in Mr. -Williams, Colonel Wakefield found a match both in determination and -diplomacy. - -A small schooner, the _Ariel_, owned and sailed by Captain -Clayton, was chartered for the journey, and late in March they set -off, calling at Tauranga and Poverty Bay _en route_, leaving -copies of the treaty for local circulation as they went. The -_Ariel_ reached Port Nicholson late in April, her coming being by -no means a welcome circumstance to the principal agent of the Company. -The first meeting between Colonel Wakefield and the Missionary took -place on the Saturday after arrival, at the house of Mr. Hunter, and -was more animated than friendly. The former had either not yet -received--or chose to ignore--the private instructions of his -superiors in England, to afford Captain Hobson all the aid and -assistance in his power towards the attainment of British -sovereignty.[121] - -For ten days the Colonel doggedly held on his course of opposition, -during which time there was a frequent clash of wordy weapons, the -soldier seeking to vindicate the independence of his settlement on the -ground that they had acquired their rights from the chiefs prior to -the intervention of the Crown; the missionary maintaining that no such -rights could be acquired by British subjects without the consent of -the Sovereign. - -Whether or not the constitutional nature of this argument appealed to -the Colonel, it is impossible to say. In all probability it did not, -but there are ample reasons for concluding that the governing -influence in his conduct was a desire to obtain possession of a block -of forty acres of land in what was then the most valuable portion of -the infant settlement of Wellington, and to which Mr. Williams had -acquired an undoubted title. Wakefield's subsequent actions at least -indicate that his surrender did not carry with it his conversion to -the treaty, which he still strove to persuade himself could not affect -the purchases of the Company. But whatever the considerations that -influenced him, just as the Missionary was preparing to depart in -disgust, he at length[122] consented to withdraw his objections to -the chiefs considering the treaty, and retracting what Mr. Williams -has been pleased to designate as his "insolent" remarks. - -The character of the terms in which the Colonel was likely to address -the Missionary may be judged from a paragraph in a letter indicted by -him to his directors on May 25, 1840, in which he declares: "I cannot -express to you the feelings of repugnance entertained by the -respectable colonists who came into contact with Mr. Williams, towards -him, on account of his selfish views, his hypocrisy, and unblushing -rapaciousness. He frequently said that finding I had been before him -in the purchase of land in the Strait without consulting him, he had -endeavoured to do the best for himself, and had disparaged the Company -and its settlers to the natives. On the whole, it was only by a great -effort, and in the hope of benefiting the colony that I could bring -myself to hold any terms with this worst of land-sharks."[123] - -The hostility of the Company's principal agent once removed, -thirty-two of the chiefs signed the treaty readily enough on the 29th -of the month, the impression made on Mr. Williams's mind being "that -they were much gratified that protection was now afforded to them in -common with Her Majesty's subjects." - -In his marked antipathy to Mr. Williams and all that he did Colonel -Wakefield has endeavoured to deprecate the value of these proceedings -in his report to his superiors, wherein he takes the responsibility of -saying, "The natives executed some paper, the purport of which they -were totally ignorant," and insinuates that the whole transaction took -place in an underhand way and had neither the countenance nor the -assistance of the colonists. - -The _Ariel_ then crossed over to Queen Charlotte Sound, "where," -says Mr. Williams in his Memoir, "we saw all who were to be seen -there. We crossed over to Kapiti, Waikanae, and Otaki the stations of -the Rev. O. Hadfield. The treaty was explained at all these places and -signed.[124] On this visit I saw in the Bank at Wellington a map of -New Zealand about six feet in length, and was told by the authorities -of the New Zealand Company that the coloured portion was the property -of the Company from the 38° to the 42° parallel of latitude. At this -time there was no one in connection with their Company who knew -anything of the language. A man named Barret could speak a few words -in the most ordinary form. This man alone was the medium of -communication between the Maoris and the Company in all their affairs, -and the deeds of purchase were drawn up in English, not one word of -which was understood by the Maoris." - -It had been Mr. Williams's intention, after completing the collection -of the signatures in the vicinity of Cook Strait, to proceed to the -far South, soliciting the assent of the Ngai-Tahu tribe to the terms -of the treaty. To this end he had already entered into an arrangement -with Captain Clayton, who like the loyal sailor he was, readily agreed -to forgo his more lucrative coastal trade in order that his vessel -might remain at the disposal of the Government. Before this section of -the voyage could be undertaken, however, it was ascertained that the -Governor, deeming the mission worthy of some more ostentatious display -of power than could be effected by a schooner, had commissioned Major -Bunbury of the 80th Regiment to sail with Captain Nias in Her -Majesty's frigate _Herald_,[125] for the purpose of visiting the more -important Southern settlements. - -On hearing of this, Mr. Williams returned with all expedition to his -duties at Waimate, which place he reached on June 10, bringing with -him the famous Ngati-Awa chief, Wiremu Kingi, whose anxiety to see the -Governor had induced him to travel all the roadless miles which lay -between Waikanae and the Bay of Islands. - -On the submission of his report to the Governor, Mr. Williams was the -recipient of the most hearty congratulations from Captain Hobson, who -recognised in the service of the Missionary an arduous task well and -faithfully performed in the interests of the Crown. - -On the morning of April 28 the _Herald_ left her anchorage in the -outer harbour of the Bay of Islands, carrying with her Major Bunbury,[126] -commissioned to accept the signatures of the Southern chiefs; Mr. -Edward Marsh Williams engaged to act as interpreter, and a small -company of marines whose presence it was thought would add somewhat to -the impressiveness of the occasion. Captain Nias was authorised "to -display the force of his ship along the coast," and Major Bunbury was -furnished with complete instructions for the governance of his conduct -in all his negotiations with the native people, which needless to say, -were to be continued along the strictly honourable lines which had -hitherto been observed by the Lieutenant-Governor. Pursuant to these -instructions the _Herald_ entered the Coromandel harbour next day -(30th), and Major Bunbury, accompanied by Mr. Williams, landed at the -house of Mr. Webster, an American whose claims to land in New Zealand -have since been the subject of searching enquiry by his own country. -The purpose of this visit was to arrange a time and place at which the -chiefs might be invited to a _korero_. Monday May 4, and Mr. Webster's -establishment were selected to fill these essentials, and messengers -were accordingly despatched to the various surrounding _pas_ to bid -the chiefs to the conference. Hearing that the Scottish exile, Captain -Stewart, the discoverer of the southern Island which bears his name, -was at Mercury Bay, a special messenger was hurried off to him -requesting that he would pilot the _Herald_ in these waters, and -likewise use his influence with the chiefs of Mercury Bay in the -direction of securing their presence at the meeting, to both of which -the sealer Captain gave a ready response. - -"On the day appointed," so writes the Major, "Captain Nias, with -several officers of the ship, together with Mr. Williams and myself, -went on shore at 11 o'clock, but no native chiefs had at that hour -assembled. A considerable number of Europeans appeared, however, to -have been attracted by the report of the expected meeting. -Subsequently a number of natives did assemble with six chiefs of -different tribes. Mr. Williams explained the treaty; its object in -consequence of the increasing influx of strangers; and that the claim -for pre-emption on the part of the Crown was intended to check their -imprudently selling their lands without sufficiently benefiting -themselves or obtaining a fair equivalent. After a variety of -objections on the part of the chiefs we succeeded in obtaining the -signatures of four, one of these being the principal chief of the -district the celebrated Horeta,[127] of Bannin's Island notoriety. The -principal orator, an old chief named Piko, and another of inferior -note, refused to sign, alleging as a reason that they wanted more time -to assemble the different tribes of the Thames district, and to -consult with them, when they would also sign; but that he could, for -himself, see no necessity for placing himself under the dominion of -any prince or queen, as he was desirous of governing his own tribe." - -This policy of procrastination was obviously induced by the -intelligence which had reached them of the arrest at the Bay of -Islands of a native, Kiti, for the murder of Mr. Williams's shepherd, -Patrick Macdonald, and of his trial and subsequent condemnation. They -did not complain of the injustice of the punishment, but the whole -proceeding was so novel in its character, and so dubious in its -ultimate result that they felt prudence warranted a deeper reflection -than the subject had yet received. They therefore hesitated before -committing themselves to a policy, the end whereof they could not see. - -There was also a passing difficulty with those chiefs who signed the -treaty, for these gentlemen elected to entertain so exalted an idea of -the Queen's munificence that they deemed the homely blanket offered to -them as being altogether unworthy of so great a Sovereign's -generosity, and expressed a decided preference for forage caps and -scarlet cloaks. There was greater unanimity displayed over the feast -of pork and potatoes which Major Bunbury had thoughtfully provided for -their entertainment before he left. - -After completing arrangements for securing the signatures of a few -eligible chiefs who were living near the Mission station of the Rev. -Mr. Preece, Major Bunbury, late in the evening of Friday the 8th, took -his departure from Coromandel in the schooner _Trent_, chartered -from Captain Bateman, and coasted round to Tauranga, a district where, -in consequence of a war with the Rotorua people, the claims of the -Crown had not been enthusiastically received. On Sunday, at nightfall, -the vessel arrived at the entrance of the harbour, but prudent -seamanship dictated the wisdom of remaining in the offing till the -morning, when the treaty party landed at the Mission station and were -welcomed by Mr. Stack. - -"I was agreeably surprised," wrote Major Bunbury to Captain Hobson, -"to learn that most of the native chiefs in this neighbourhood had -already signed the treaty, the exception being the principal chief, -and one or two of his friends at the Omimoetoi (Otumoetai) _pa_. This -_pa_ we visited the same evening, accompanied by Mr. Stack. It was a -very extensive fortification, and appears to contain about one -thousand men. The chief who had declined signing is a very young man, -and his manner was timidly reserved and less prepossessing than most -of those I had before seen. On our taking leave he made the usual -remark, that he wanted to consult the other chiefs, and that he would -meet us with them at the Mission station on the morrow. On the -following day he did not speak until the close of the conference, and -then only in private to Mr. Williams--after Mr. Stack and I had left -them--to enquire how much he was to get for his signature.[128] -Another chief expressed some indignation because the Christian chiefs -had not--as he said--met them. I presume he meant those from the other -_pa_ where Mr. Stack's influence was supposed to extend more than to -his own, and where a Roman Catholic European residentiary and the -Catholic Bishop are supposed to have more influence." - -A third chief, evidently of an enquiring mind, created some amusement -by his quaint method of arriving at a complete analysis of the -position. The debate had to all appearances closed--his own speech -being no small contribution to the oratory of the day--and he was -approached with a view to securing his signature, he firmly deprecated -everything in the nature of hurry, and calmly _taihoa-ed_[129] -the whole proceeding. - -"Now first let us talk a little," he said. "Who was the first stranger -who visited our shores?" - -On being told it was Captain Cook, he continued, "And who was Cook's -king, was he not Georgi?" - -To this a reply was returned in the affirmative. "And who then," he -asked, "is this Queen?" - -Major Bunbury took some trouble to explain to him that the King George -to whom he referred had been dead for some years, as also his two sons -George IV. and William IV., who had succeeded him on the throne, and -that the present Queen now reigned because she was the next in line to -these dead monarchs. - -This modest little dissertation on the Royal genealogy appeared to -satisfy him on that point, for he immediately adverted to the native -wars, and more particularly to their own hostilities with the Rotorua -tribes. Major Bunbury assured him that one of the principal objects of -his mission was to persuade all the tribes at present at war to accept -the mediation of the Governor, and to induce them to abide by his -decision. - -"If then your nation is so fond of peace, why have you introduced into -this country firearms and gunpowder?" was his pertinent rejoinder. - -To this Major Bunbury replied that the effects of this traffic had -been much deplored by Her Majesty's Government, who were most anxious -to mitigate its consequences by substituting justice and a regular -form of government in their country for the anarchy which had -prevailed, but this could only be done by the surrender of the -sovereign rights to the Queen as asked for in the treaty. - -His next enquiry was whether the Queen governed all the white nations? - -"Not all," replied Major Bunbury, "but she is the Queen of the most -powerful white nation." The Major then went on to explain that Britain -had acknowledged the Maoris as an independent nation, but that -arrangement had proved abortive in consequence of the native wars and -their want of cohesion. To themselves alone therefore were to be -attributed the evils from which they suffered. As a corrective for -these political troubles the Government had not leagued themselves -with other white nations to force an unwelcome authority upon them, -but they had come direct to the Maoris themselves, and asked them as -a spontaneous gift to vest in Britain the power to avert the evils -which were assuredly accumulating round them; evils due to the -increasing influx of the _Pakeha_, and who must otherwise remain -subject to no law and amenable to no control. - -"On being told," continues Major Bunbury's report, "that I was a chief -of a body of soldiers, and that I had served under the monarchs -already named, he enquired should his tribe, agreeable to my request, -abstain from making war upon the natives at Rotorua, would the -Governor send a portion of my force to protect them? I told them Your -Excellency desired rather to mediate between them, and only in cases -of extreme emergency would you be prevailed upon to act in any other -manner. If, however, your arbitration was applied for I had no doubt -the custom of their country would be complied with, by your insisting -on a compensation being made to the party injured, by the party -offending." - -Major Bunbury then dwelt upon the sale of native lands, and the right -of pre-emption claimed for the Queen, explaining that this restriction -was intended equally for their benefit, and to encourage industrious -white men to settle amongst them to teach them arts, and how to -manufacture those articles which were so much sought after and admired -by them. This course, he pointed out, was preferable to leaving the -sale of large tracts of country to themselves, when they would almost -surely pass into the hands of men who would never come amongst them, -but would by their speculations hamper the industrious. The Government -being aware of the intentions of these men--many of whom had no doubt -counselled them against signing the treaty--would nevertheless -unceasingly exert themselves to mitigate the evils following in the -train of the speculators, by purchasing the land directly from the -natives at a more just valuation. - -To this the Nestor of the tribe replied that there was but cold -comfort in that for them, as their lands had already gone to the white -men, but the land had been fairly sold and fairly bought. - -[Illustration: MAJOR BUNBURY, K.T.S.] - -Feeling that he had now said all that he could say of a nature likely -to influence the chiefs, and knowing the constitutional abhorrence on -the part of the Maori to hurry in such matters, Major Bunbury -intimated that he had still another _pa_ to visit, and departed, -leaving Mr. Williams to answer any new points which might be evolved -in the fertile brain of the men who spoke for the tribe. Their further -deliberations, however, took a pecuniary rather than a legal turn. -Presents were demanded, and when Mr. Williams indicated that Major -Bunbury would doubtless arrange that Mr. Stack should distribute his -gifts to those entitled to receive them the sceptical diplomat, who -believed in having his bird in the hand, was candid enough to remark -that he was not enamoured of prospects so remote. - -Before leaving the district Major Bunbury visited the chiefs of the -Maungatapu _pa_, a stronghold of great strength, peopled by a -tribe of considerable importance. These men being well disposed -towards the Government had, with two exceptions, previously signed the -treaty, and their reception of the Governor's representative was most -cordial. The hospitality of his table was offered by Nuka, the -principal chief, whose engaging manners and admirable bearing so -impressed the visitor that he estimated his good-will as worth -securing at the cost of "some mark of distinction" if ever it came -within the policy of the Government to so honour the more discerning -of the chiefs. - -"I have deemed it expedient to enter more fully into the detail of -this conference," wrote the Major to the Lieutenant-Governor in rebuke -of the disloyal speculators, "as one which not only shows fully the -general character of the natives, but also the nature of the obstacles -I may hereafter expect to meet when principles alien to the Government -have been instilled by interested Europeans into their minds, as -exemplified also at Coromandel Harbour. Neither will I disguise from -Your Excellency my regrets that men professing Christianity should, in -a country emerging from barbarity, whose inhabitants are scarcely able -to comprehend the simplest doctrines of the Christian religion, -endeavour to create distrust of its Ministers--of whatever -persuasion--Christianity in any shape, with these people being better -than the deplorable condition of many of them at present. It is not -the specious professions of a religion which asserts itself -unconnected with civil Government which should blind us to the -political disunion it creates, but rather its sincerity should be -tested by its acts and their effects whether it seeks to open a new -field of labour before uncultivated, or to paralyse the efforts of -those who have laboured to improve the soil by establishing themselves -upon it. The latter I conceive is incompatible with such professions, -while this country contains so vast a field untried, but still it is -to be hoped reclaimable." - -At the conclusion of the Tauranga conference Major Bunbury resumed his -journey towards the south, the Missionaries being commissioned by him -to continue their negotiations for signatures as opportunity offered. -With the Arawa people at Rotorua, they had but poor success, for the -reason that the members of that tribe were not altogether free to -exercise their own will. Worsted in recent wars by Hongi and other -victorious chiefs, the Arawas had in self-defence sought an alliance -with the great Te Heuheu, of Taupo, whose protecting _mana_ was -at this time thrown over them, and fearful lest they might forfeit his -good-will should they adopt a course to which they had every reason to -believe their ally was hostile, they refused to subscribe to the -treaty until the voice of Te Heuheu had been heard. This leads us to a -point where it will be convenient to consider the attitude adopted -towards the treaty by this remarkable man. - -Te Heuheu Tukino was the second chief of that name, and was a leader -endowed with exceptional power, being large of body and of brain. His -home was on the shores of Lake Taupo, and by claiming certain -geographical features as portions of his own body, he had thereby -rendered his domain sacred, and so limited the right to dispose of it -to himself. He was not amongst the chiefs present at Waitangi, for -under the limited notice given by Captain Hobson, that was not -possible. It is even within the bounds of probability that had the -messengers of the Lieutenant-Governor reached him he would have -dismissed them as they came, for of this he was firmly convinced--that -he was "a law unto himself," asserting his own _rangatiratanga_ as -sufficiently strong to rule his own people, for which he neither -needed nor desired foreign assistance. His first introduction to the -treaty came to him through his younger brother Iwikau, who, together -with another chief of Taupo, Te Korohiko, were at the then small -settlement which has now grown into the city of Auckland, when they -were met by Captain Hobson's messengers, and invited to Waitangi. -Iwikau and his companion was in charge of a company of Taupo natives -who had gone to the shores of Waitemata harbour for the purpose of -acquiring European goods. They had packed bundles of flax fibre on the -backs of their slaves, who had carried this medium of trade over -trackless miles to the coast in order that it might be exchanged for -guns and powder. While trafficking with the _Pakehas_ news came of the -projected meeting at Waitangi, and some of the Nga-Puhi chiefs--so we -are told--thus addressed Iwikau: "Go you to Waitangi, for you are the -fish of the stomach of the island.[130] The _mana_ of Queen Victoria -is about to be drawn as a cover over the island. All we chiefs of the -native people will pass under her and her _mana_, that we may not be -assailed by the other great nations of the world." - -To this Iwikau answered: "I will not be able to attend that meeting if -such is its object, namely consenting to the _mana_ of Queen -Victoria being placed over us. The right man to consent to or reject -such a course is my elder brother, Te Heuheu, at Taupo; and any action -on my part might be condemned by him." - -This objection was combated by the messengers from Nga-Puhi, who -replied: "By all means go, that you may acquire red blankets to take -back to your elder brother at Taupo." - -Iwikau was still obdurate, feeling that he had no authority to -compromise his tribe in the absence of his superior chief, but the -vision of the red blankets was more than Te Korohiko could resist, and -he joined to those of the Nga-Puhi chiefs his own solicitations: "Oh, -let us go that we may acquire the red blankets." - -This appeal finally broke down the resistance of Iwikau. They attended -the conference at Waitangi, and amongst others of influential rank -were invited to sign the treaty. Before signing, Iwikau remarked to -Captain Hobson, "I have heard the payment for the chiefs' consent to -the Queen's rule consists of blankets." To which the Queen's officer, -always anxious that his presents should not be misunderstood, replied, -"No, not exactly. The blankets are not payment, but a friendly gift to -you folks who have come from afar, and as a means of keeping you warm -on your home journey." - -The point of distinction was evidently neither so wide nor so fine as -to cause Iwikau any alarm, and he signed the document with a portion -of his _moko_, his clan being Ngati-Turumakina. Te Korohiko also -signed, and when the gathering had broken up they returned to Taupo to -report their proceedings. They met Te Heuheu at Rangiahua, his -_pa_ at Te Rapa, where he stood in the midst of the assembled -people, a giant amongst men. When the self-constituted ambassadors had -concluded their explanations, and produced their blankets the storm -which Iwikau had secretly feared burst upon them. - -"What amazing conduct is this of yours? Were you two, indeed, sent to -perform such acts? O say! O say! is it for you to place the _mana_ -of Te Heuheu beneath the feet of a woman. I will not agree to the -_mana_ of a strange people being placed over this land. Though -every chief in the island consent to it, yet I will not. I will -consent to neither your acts nor your goods. As for these blankets, -burn them." - -Thus did Te Heuheu assert his prerogative, and scorn the interference -of the stranger, but he was soon soothed into a more reasonable frame -of mind, by Iwikau, who urged his angry brother to await future -developments when he would himself see the treaty. "Be not so severe -and you can state your thoughts to the Queen's official yourself, for -he is travelling the islands of Ao-tea-roa and Wai-pounamu, seeking -you, the surviving chieftains, that you may agree to that -marking."[131] - -Te Heuheu consented to wait, and the blankets were for the moment -preserved. At length news arrived that Parore, a Nga-Puhi chief, and -the Queen's official were on their way to Rotorua to bear the treaty -to the Arawa chiefs. Then Te Heuheu thus instructed his people: "When -the officer reaches the Arawa at Rotorua I shall attend. Let the tribe -accompany me, armed, as trouble may arise over my declining to accept -the Queen's rule." - -There was much burnishing of rusty arms and snapping of fire-locks at -Taupo for the next few days, in anticipation of possible contingencies, -for these inland tribes had not yet fully realised the peaceful nature -of Britain's mission. Living as they did in the centre of the Island, -they were less corrupted by the influence of the degenerate whites, -and had neither seen nor felt the need for the interposition of a -correcting hand in the same way that the imperative necessity for a -change had appealed to the residents of the coastal districts. - -Neither were the tribesmen of Te Heuheu being influenced by the same -considerations that were driving Nga-Puhi to accept the gospel from -the Missionaries and the treaty from the Government. For many years -the northerners had enjoyed almost a monopoly in the business of -procuring guns, and this superiority in weapons had enabled them to -levy a bloody toll upon their southern neighbours. With the increase -of traders and the enlarged enterprise of the tribes less favourably -situated, this advantage was rapidly receding. Others were securing -guns as well as they, and the leaders of Nga-Puhi saw that the day was -not far distant when their victims would retaliate, and they would -perhaps receive as good as they had given. They therefore welcomed the -gospel as a shield, and the intervention of British authority as a -bulwark that would stand between them and their enemies whenever they -should think fit to seek satisfaction for former injuries on something -like equal terms. Not so the Taupo tribes, who were less controlled by -such motives. Their position of greater isolation gave them the -confidence begotten of a sense of greater security; they felt that -they breathed the refreshing atmosphere of a wider independence, and -were less subjected to the force of external considerations. - -Moreover, the ceding of authority by treaty was an innovation dangerous -in its novelty to a people who had known no method of acquiring or -foregoing rights so effectual as conquest, and, confident in their own -strength to maintain their position by the older method, they were -less disposed to dabble in the subtleties of negotiation. With war and -its consequences they were perfectly familiar. Diplomacy they did not -understand so well; and when to the uncertainty of the procedure was -added the supposed indignity of being asked to treat with a Queen, the -haughty spirit of Te Heuheu rebelled against such a demeaning -suggestion. To submit himself to the superior authority of a chief of -his own aristocratic lineage would have been indignity enough, but to -come under the dominion of a woman was beyond the limits of toleration. - -In due course a messenger reached the _pa_ with the intelligence -that the Missionaries at Rotorua had received a copy of the treaty, -whereupon Te Heuheu set off with five hundred picked men, prepared to -resist to the uttermost should an attempt be made to compel his -submission to the Queen. On reaching the Papai-o-Uru _pa_ at -Ohinemutu, the discussion began, after the ceremonial of welcoming the -strangers had been concluded. The copy of the treaty which the Arawas -were being invited to sign, had been entrusted to Messrs. Morgan and -Chapman, the Church Missionaries, and to them Te Amohau and Te Haupapa -addressed themselves on behalf of their tribe: "The Arawa people have -nothing to say in regard to your object. The Arawa will await the -word of Te Heuheu Tukino, and will abide by what he says to you." - -Te Heuheu arose with stately grace, and repeated an ancient chant, -revered amongst the sacred _karakia_ of the Maori, and known as -_Hiremai_. He repeated it to the end, all ears being strained to -detect an error, the commitment of which would have boded evil, but he -went on faultless to the finish. Leaping to their feet his warriors -then indulged in mock passages-at-arms, and when this form of revelry -had ended the great chief delivered his judgment upon the treaty: -"_Hau wahine e hoki i te hau o Tawhaki_. I will never consent to -the _mana_ of a woman resting upon these islands. I myself will -be a chief of these isles; therefore, begone! Heed this, O ye Arawa. -Here is your line of action, the line for the Arawa canoe. Do not -consent, or we will become slaves for this woman, Queen Victoria." - -Te Pukuatua then rose and gave the final answer for his tribe: -"Listen, O Parore, you and your _Pakeha_ companions. The Arawa -have nothing to add to the words of Te Heuheu. His words denying the -_mana_ of the Queen are also our words. As he is not willing to -write his name upon your treaty, neither will the chiefs of the Arawa -come forward to sign." - -Then turning to Te Heuheu he added: "Hear me, O Heu. The Arawas have -nothing to say, for you are the person of the Arawa canoe." - -The blankets given to Iwikau, at Waitangi, were returned to the -Missionaries by Te Heuheu, with the remark: "I am not willing that -your blankets should be received as payment for my head and these -Islands," and with this embargo put upon their operations, the agents -of the Lieutenant-Governor were unable to secure a single Arawa -signature to the treaty. - -The fiat of Te Heuheu went even far beyond the steaming waters of -Rotorua, for at Tauranga upon the coast there lived Tupaea, a chief of -the Ngai-te-Rangi, whom because of his influence the Missionaries were -particularly anxious to enlist as a subject of the Queen. He too hung -upon the words of Te Heuheu, and when he was approached he made answer -thus: "What did Te Heuheu say to you at Rotorua?" - -The reply was: "Te Heuheu did not consent." - -"And what of the Arawa chiefs?" asked Tupaea. - -"They followed the word of Te Heuheu," replied the Missionaries. - -"Then," said Tupaea, "I will not agree to the chiefs of Ngai-te-Rangi -signing the treaty of Waitangi," a decision from which neither he nor -his people could ever be induced to depart.[132] - -In the meantime the _Herald_ had left the Auckland waters, and -made her way to the south, arriving off Banks's Peninsula during the -night of the 24th. Calms and storms alternately intercepted her -progress, and it was not until the 28th that Major Bunbury was able to -disembark at Akaroa, accompanied by Mr. Edward Williams and Captain -Stewart, whose personal acquaintance with the Southern chiefs and -their altered dialect[133] was destined to be of great service in -promoting a common understanding. - -At Akaroa they found a native _pa_ in which lived a remnant of -the Ngai-Tahu people, broken by the last raid of Te Rauparaha, a -whaling station, and a cattle run,[134] established by a Captain -Lethart, who had arrived from Sydney as recently as the previous -November. The visitors were more favourably impressed with the -condition of Lethart's cattle than with the appearance of the -natives, who were so dejected by their misfortunes as to consider -themselves almost destitute of rights and without a name. The -signature of Iwikau, a brother of Tamiaharanui, the chief who was -conveyed captive by Te Rauparaha in the blood-stained _Elizabeth_, was -obtained, as well as that of John Love, another native less highly -born, but more richly endowed with intelligence. These two signatures -Major Bunbury conceived to be of considerable consequence to his -purpose, although from the diminished number of the tribe the men -themselves scarcely laid claim to the rank of chief. - -Southward the frigate again sailed, and on June 4 cast anchor in -Zephyr Bay, a beautiful inlet at Southern Port, Stewart's Island. -Accompanied by Captain Stewart, who was now in latitudes peculiarly -his own, Major Bunbury landed next morning, and set out to visit a -station in the harbour, distant four or five miles, where for some -time Stewart had employed a number of boat-builders, and who, it was -hoped, might still be there. Vestiges of their former residence were -found but that was all. Their camp was deserted, their industry -abandoned, and no sound broke the stillness of the primeval forest -save the flick of a bird's wing, or the screech of the brightly -plumaged parrakeet. - -Several excursions were made to other parts of the island, but no -natives were met with, either upon the shores of the sheltered coves, -or within the generous shade of the bush, and Major Bunbury returned -to the ship for the first time without having added a signature as a -trophy in the cause of the Queen's sovereignty. - -Aided by his own experience, and fortified by the local knowledge of -Captain Stewart, Major Bunbury concluded that the prospect of meeting -with any chief in the apparently deserted island was so slight as not -to warrant the delay involved in the search. He therefore consulted -with Captain Nias, and together they agreed that it would be advisable -to proclaim without protraction the Queen's authority over a territory -that had impressed them both as being singularly beautiful.[135] For -this purpose, during the afternoon of the day after arrival, the -marines were landed with a party of officers from the ship which had -now been moved into Sylvan Bay. Here upon the apex of a small island -which becomes a peninsula at low water, the ceremonial forms usual to -such occasions were duly observed. The Union Jack was hoisted by -Captain Nias and saluted by the marines. A salute was also fired from -the guns of the _Herald_, and after the following declaration had been -read by Major Bunbury to the assembled sailors, Stewart's Island -became an outpost of the Empire. - - DECLARATION OF SOVEREIGNTY OF THE QUEEN OF ENGLAND - OVER STEWART'S ISLAND - - The Island called Stewart's Island, New Zealand, situated between the - meridian 167° and 168° east of Greenwich, and 46° and 48° south - parallel, with all the Bays, Rivers, Harbours, Creeks, etc., in and - on the islands lying off, were taken possession of in the name and in - the right (by the discovery of the late lamented Captain Cook) for - Her Most Excellent Majesty Victoria, Queen of the United Kingdom and - Ireland, and Her Majesty's colours were accordingly hoisted at Sylvan - Bay, Southern Port, on the 5th day of June 1840, by Captain Joseph - Nias, commanding Her Majesty's ship _Herald_, with a detachment - of Royal Marines, and by Major Thomas Bunbury, K.T.S., 80th Regiment, - who were commissioned for that purpose. - - Done in the presence of us: - - Peter Fisher, Lieutenant, H.M.S. _Herald_; C. Hewitt, - Lieutenant, Royal Marines, H.M.S. _Herald_; James Giles, Purser, - H.M.S. _Herald_; J. H. Shairp, Mate, H.M.S. _Herald_; - William Kelly, Gunner, H.M.S. _Herald_; John Caseley, Boatswain, - H.M.S. _Herald_; Fred. S. Grey, Volunteer, H.M.S. _Herald_. - - _Witnesses._--Joseph Nias, Captain; Thomas Bunbury, Major 80th - Regiment (charged with a diplomatic Mission). - -On the island eminence, where the sovereignty of the Queen had been -declared, the original of this document was buried, enclosed in a -bottle--a silent witness to be produced in the contingency of -international complications, which were then believed to be by no -means remote. - -For three days the _Herald_ lay weather-bound, but on Tuesday the -9th the wind shifted to a more favourable quarter, enabling her to -leave her anchorage in Sylvan Bay and move over to Ruapuke Island, the -home of the greatest of all the Ngati-Tahu chiefs, Tu Hawaiki, more -widely known as "Bloody Jack."[136] On nearing the land a boat manned -by some natives and Europeans came off, and a Mr. Hesketh boarded the -_Herald_ and explained that they had been expecting her arrival -for some time. He represented himself as the resident agent of Jones & -Co., of Sydney, and being on intimate business relations with Tu -Hawaiki volunteered to go ashore and bring him off that evening, -leaving an English seaman, formerly in the employ of Captain Stewart, -to pilot the frigate to an anchorage. Here she lay in proximity to a -French and a Portuguese whaler, neither of which had enjoyed a -successful season: - - The native village, being at some distance from an anchorage ground - Mr. Hesketh did not return until late in the evening. The chief - Tooiaki (Tu Hawaiki) came on board in the full dress staff - uniform[137] of a British aide-de-camp, with gold lace trousers, - cocked hat and plume, in which he looked extremely well, and his - behaviour at Captain Nias's table, when he took tea, showed that the - examples he had seen had not been lost upon him. He was also - accompanied by a native orderly-sergeant dressed in a corresponding - costume. The chief spoke a little English, and appeared to be aware - of the nature of the treaty, but which I thought it necessary to have - read and explained to him in the presence of Mr. Hesketh, and he - signed it without hesitation.[138] - - He said he had at his village twenty men dressed and in training as - British soldiers, and was very anxious that Captain Nias should - permit them to come on board the following morning and see the - marines go through the manual and platoon exercise, which he (the - Captain) kindly acceded to. The chief then gave me a paper written in - English which he wished me to sign and affirm. It was a declaration - that the Island of Ruapuke was his property and that of his tribe, to - different individuals to whom he had allotted portions of it. Not - wishing that he should conceive that any deception was intended on - our part I wrote on the back of the document, "I have seen this paper - but am not prepared to give an opinion, or any information on the - purport of it. The treaty guarantees the full and exclusive - possession of their lands and other properties to the natives." No - mention having been made in this document to the title to the Middle - Island, although this chief styles himself the principal, I am - inclined to suppose it is claimed by some Europeans, I believe by a - Mr. Weller, of Sydney. On the chief taking leave, I told him I would - return his visit on the morrow, which I accordingly did, accompanied - by Lieutenant Hewitt, Royal Marines, and Captain Stewart, to whom the - chief was known, Mr. Williams, and an officer from the ship in charge - of the boats. - - After being carried through the surf by some natives, we were - received by the chief in the same scarlet uniform he had worn the day - before, and by the sergeant who then accompanied him, at the head of - six soldiers dressed in British uniforms, without hats or shoes. The - chief took us to his cottage, a weatherboard hut, and offered us rum, - of which he appeared to have a good supply, but Mr. Hesketh, to their - credit, states that although they are not absolutely temperance men, - they seldom get drunk. I was afterwards introduced to his son, a fine - boy of about seven years of age, of whom he appears justly proud. The - child was dressed in a very becoming manner, and has six toes on each - of his feet, which his father seemed to exhibit with much - satisfaction. Rauparaha, who is a great warrior, and the mortal enemy - of this tribe, is similarly gifted with this unusual addition to his - feet. I also received from him a memorandum respecting the register - of a small craft between 25 and 30 tons, building at Mauraki (Moeraki), - which paper I beg herewith to forward. - - I was very sorry to learn from the chief that a British subject, - named M'Gregor, who had been residing some years in this - neighbourhood, had suddenly disappeared with a small craft, taking - with him some of this chief's women and _kookis_ (slaves). The - vessel is without a name or register, and Captain Nias is in hopes we - may be able to meet with her. M'Gregor is reported to be a convict - escaped from Van Dieman's Land, and his conduct made the English - residing here for some time apprehensive that the chief might - retaliate on them and insist on a compensation. An Englishman, a - carpenter residing at Otakou (Otago) I hear has been shot by a native - when in a state of intoxication, but whether in connection with the - above affair or otherwise, I could not satisfactorily ascertain. - - Knowing that Captain Nias was anxious to proceed on his voyage, we - were obliged to shorten our visit. The chief and his son came off - with us, and the sergeant and six of his soldiers, with two other - chiefs, came off in two whale boats, a third following with natives - bringing potatoes, etc., to the ship. The soldiers of the chief and - natives having arranged themselves on deck, the Marines went through - the manual and platoon exercise, as had been promised, and - afterwards, at my request, Captain Nias permitted a few sailors to go - through the sword exercise, which, as I had anticipated, pleased and - interested them very much, particularly the "attack" and "defence," - the chief frequently calling to his followers to pay attention and - see how it was performed. - - Whilst the ship was getting under way they took their departure, two - other chiefs[139] having also been permitted to sign at the request - of Tooiaki (Tu Hawaiki). This influential chief is one of the - individuals, who (similarly with Rauparaha in Cook Strait) have had - sufficient address to gain the ascendency over the chiefs of the - neighbouring tribes, without any claim from circumstance of birth. - -Such is Major Bunbury's own account of his historic meeting with this -singular native, whom he left upon his lonely island in the midst of a -windy strait struggling between his native barbarism and an -inarticulate craving for civilisation. On the 13th the _Herald_ -reached the Otago Heads, but so late in the evening that there was -only time to obtain the signatures of two chiefs who resided near the -entrance of the harbour.[140] Taiaroa was absent at Moeraki, and his -son was so far inaccessible that the limits of daylight would not -permit of his being reached. The boat, therefore, returned to the -ship, and on June 16 she dropped anchor in Cloudy Bay, then the most -important centre of European activity in the South Island. - -Seven whalers were lying at anchor when the _Herald_ arrived, and -the strange admixture of humanity--the venturesome, quarrelsome, -quasi-criminal collection--which went to make up a whaling community -was forcibly impressed upon Major Bunbury when he landed at Guard's -Cove in the evening. The only chief of importance whom he met was old -Nohorua, the elder brother of Te Rauparaha, who had with him three -younger men, his nephews. Their reception of the Major was cordial -enough, but when the subject of the treaty was broached to them they -resolutely declined to attach their signatures to it, or to -countenance it in any way. This attitude was adopted under the -distinct impression that if they signed the document their lands would -be taken from them, and considering that their only experience of -deeds had been with the Sydney land sharks[141] the reservation was, -to put it mildly, a natural one. - -Not having been successful in securing the immediate concurrence of -Nohorua, Major Bunbury left him in the hope that he would fulfil his -reluctant promise to visit the ship on the following day, by which -time he would have had the opportunity--dear to every Maori--of -holding a _korero_ upon the novel suggestion. Early next morning -the Major, Mr. Williams, and Captain Stewart set off for one of the -neighbouring coves, and here they met with greater success, the chiefs -signing without any hesitation when the principles of the treaty had -been explained to them. Amongst the various natives whom they -encountered was a young chief whom Major Bunbury has called Maui Pu, -who, having visited Hobart Town in the warship _Conway_, had -sufficient command of English to converse freely with the Europeans. -His sympathies were at once enlisted in support of the treaty, and -when the difficulties met with at Guard's Cove were mentioned he -expressed no surprise, as the natives had no conception of a deed that -did not mean the sacrifice of their land. He, however, offered to go -with them and assist at the second interview with Nohorua, and so -adroitly did he explain the purport of the second Article that the old -chief's objections were at length so far overcome that he agreed to -sign provided his signature was witnessed by his European son-in-law, -Joseph Toms,[142] a whaler who had interests both here and at Porirua. - -Though there is no definite information on the point, it is probable -that Toms had added his persuasion to those of Maui Pu, as Nohorua's -reason for insisting upon the above stipulation discloses the justice -of his mind and his desire to fix the responsibility beyond any chance -of evasion: "If my grandchildren lose their land, their father must -share the blame." The three younger men having no son-in-law on whom -to shift the responsibility still postponed the important step until -they were aboard the ship. - -On returning to the _Herald_ there was a considerable gathering -of chiefs awaiting the treaty party, and with the exception of -Nohorua's nephews all expressed their willingness to subscribe to the -terms of the compact. Not so these young gentlemen, who still held -aloof. For their reservation, however, the wife of one of them was -anxious to compensate, by demanding the privilege of signing the -treaty. She claimed to be the daughter of the great Te Pehi, who was -caught in his own trap at Kaiapoi in 1829, and when Major Bunbury -politely but firmly declined to permit her the honour, she gave way to -a fit of anger, and in a torrent of invective expressed her opinions -concerning the _Pakeha_ in general, and Major Bunbury in -particular, with a freedom that would have been painful had all her -observations been clearly understood. - -As an evidence of the persistency with which these people had been -harassed about their lands, and the jealousy with which they sought to -preserve this class of property, it was noted that they all firmly -declined to receive the presents[143] which it had now become customary -to offer, lest by some quibble it might be construed into a payment -for its surrender, and in this attitude they persisted until they had -been repeatedly assured to the contrary. - -The Rev. Henry Williams having visited Queen Charlotte Sound during -the course of his Southern Mission and secured the signatures of the -chiefs there, Cloudy Bay thus became the last port in the Middle -Island at which the _Herald_ could profitably call. Under these -circumstances Major Bunbury consulted with Captain Nias, and they were -agreed that it would be advisable to at once proclaim the Queen's -authority over the Island as the most effectual means of preventing -further dissensions amongst the natives and Europeans. - -This resolution was not hurriedly arrived at, for although many -important signatures had now been obtained the whole position was so -hedged about with intricately interwoven interests that Major Bunbury -felt it was something akin to cutting the Gordian knot to take the -contemplated step without further consulting the Lieutenant-Governor. -Yet view the matter as he would, there appeared no simpler way, for -there was every reason to believe that delay would only breed new -difficulties, by suspending the establishment of political authority, -and by affording other powers time to develop their embryonic claims. -The presence, too, of so many vessels at anchor in the harbour seemed -to lend opportunity to the occasion, for with their co-operation it -was possible to render the declaration of Her Majesty's sovereignty -more solemn and imposing, and where it was desired to impress the -native mind Major Bunbury realised the advantage of pressing to his -service the assistance of this additional theatrical touch. - -The decision come to by the Major and Captain Nias was conveyed to the -natives while they were still on board, and whether or not they were -seized of all that the ceremony involved, they entered with -considerable enthusiasm into the spirit of the occasion. - -In order to invest the intended declaration with becoming dignity the -marines were landed on the little island on which was situated the -Horahora-Kakahu _pa_. There a temporary flagstaff was erected and -standing at the foot of it at 2 P.M. Major Bunbury read to -the assembled people the following Declaration of Sovereignty. - - - DECLARATION OF SOVEREIGNTY OVER TAVAI POENAMMOO (TE WAI-POUNAMU) - - This Island called Tavai Poenammoo (Te Wai-Pounamu), or Middle Island - of New Zealand, situate between the meridian 166° and 174° 30' east - of Greenwich, and 40° 30' and 46° 30' south parallel, with all the - Bays, Rivers, Harbours, Creeks, etc., in and on the Islands lying - off, having been ceded in Sovereignty by the several independent - native chiefs to Her Most Gracious Majesty Victoria, Queen of the - United Kingdom of Great Britain and Ireland, the said Island was - accordingly taken possession of and formally proclaimed, and Her - Majesty's colours hoisted at the _pa_ of Hoikaka - (Horahora-Kakahu), Cloudy Bay, under a salute of 21 guns on the 17th - day of June 1840, by Captain Joseph Nias, commanding Her Majesty's - ship _Herald_, and by Major Thomas Bunbury, K.T.S., 80th - Regiment, who were commissioned for that purpose. - - Done in the presence of us:-- - - Peter Fisher, Lieutenant, H.M.S. _Herald_; P. L. D. Bean, - Master, H.M.S. _Herald_; C. J. Parker, Acting Master, H.M.S. - _Beagle_; J. H. Shairp, Mate, H.M.S. _Herald_; Thomas - Frazer, Surgeon, H.M.S. _Herald_; James Giles, Purser, H.M.S. - _Herald_; C. Hewitt, 1st Lieutenant Marines, H.M.S. - _Herald_; F. H. Niblett, 2nd Master, H.M.S. _Herald_; G. F. - Munro, Assistant Surgeon, H.M.S. _Herald_; Edmund Webber, - Midshipman, H.M.S. _Herald_; John B. Catoo, Midshipman, H.M.S. - _Herald_; H. R. Crofton, Midshipman, H.M.S. _Herald_; H. W. - Comber, Midshipman, H.M.S. _Herald_; Frederick S. Grey, - Volunteer, H.M.S. _Herald_; William Kelly, Gunner, H.M.S. - _Herald_; John Caseley, Boatswain, H.M.S. _Herald_; J. - Chappels, Carpenter, H.M.S. _Herald_. - - _Witnesses to Signatures._--Joseph Nias, Captain, H.M.S. - _Herald_, Thomas Bunbury, Major, 80th Regiment, charged with - diplomatic Mission; Edward Marsh Williams, Interpreter. - -The reading of the Proclamation done, the Union Jack was run up by -Captain Nias, and the guns of the _Herald_ began to boom forth -the Royal Salute. The yards of the frigate were manned, and the cheers -of those grouped round the flagstaff were answered by those on board -the man-of-war, the echoes from the surrounding hills being reinforced -by the approving shouts of the natives. - -The all-important step having now been taken and received with local -approbation, the _Herald_ weighed anchor and sailed for -Kapiti[144]. Two days later (June 19), she arrived under the shadow of -Te Rauparaha's home. By a fortunate circumstance the great chief, whom -Major Bunbury had special instructions to see, was at that moment -entering his canoe, preparatory to making an excursion to the Island -of Mana. As the _Herald's_ boat was proceeding to the shore the -Queen's Commissioner and the chief met mid way, the meeting being of -the most cordial nature. Te Rauparaha left his own canoe "in lordly -decoration the lordliest far," and returned on board with Major -Bunbury in the ship's boat. Here the proceedings of the Rev. Henry -Williams were related by the chiefs--how he had explained the treaty, -obtained Te Rauparaha's signature, and presented him with the -much-prized blanket. - -On enquiry being made by Major Bunbury for Te Rangihaeata and Te Hiko, -he was informed that both these warriors were at Mana. As this Island -lay directly in the route to Port Nicholson, the _Herald_ was put -about and her course shaped towards the south. Under a fresh wind the -vessel was soon abreast of Mana. The chief and Mr. Williams -accompanied Major Bunbury on shore, where they found Te Rangihaeata -but Te Hiko was absent on an expedition to the mainland. - -No record appears to have been preserved of the negotiations which -followed between the representative of the Crown and the two leaders -of the Ngati-Toa tribe. Major Bunbury contents himself with informing -us that "the chief Rangihaeata, after some time, returned with us on -board, accompanied by Rauparaha, when both signed the treaty." - -The importance of their discussion is, however, somewhat diminished by -the fact that the elder chief had already signed the treaty under the -persuasions of the Rev. Henry Williams, but their questions, which -were certain to have been shrewd and searching, would have been -interesting as revealing their mental attitude towards the proposed -innovation. There is a widespread impression, founded upon equally -widespread prejudice, that both men were thoroughly insincere[145] -when they subscribed to the terms of the treaty, and this view is -encouraged by the fact that at this time they stood less in need of -British protection than any other chiefs of the native race. They were -indeed masters of all the territory they claimed. Their immediate -enemies had been defeated and crushed, their powerful foes were far -distant. There was a gun in the hand of their every warrior, and -solidarity in the ranks of their every _hapu_. So situated they -had less to gain by ceding their sovereign rights than others had. -Neither is it to be supposed that the advantages of their position -were not apparent to themselves, for with their gifts of military -command, they combined a state-craft that was of quite an exceptional -order. If political considerations entered into the transaction at -all, it is more than likely that a presentiment of impending trouble -with the New Zealand Company was the governing influence in securing -their adherence to the policy of the Crown, and in the light of -subsequent events their fears were not unfounded--their foresight was -almost prophetic. - -While on shore at Mana, the protection of Major Bunbury was solicited -by a section of the whaling population against the alleged -encroachments of the Maori chiefs in general and Te Rangihaeata in -particular. Though clamorous for justice, they were unable to -formulate any specific charges against the chief; and after such -investigation as was possible under the circumstances, the Major came -to the conclusion that the accusers were a set of "drunken, lawless -vagabonds," and that so far from their having any just grounds of -complaint against Te Rangihaeata, the chief in all probability would -have more reason to feel aggrieved towards them. - -The _Herald's_ course was now directed to Port Nicholson, and -arriving there next day (20th) she anchored inside the Heads, the wind -and tide having failed her at a critical moment. Major Bunbury at once -left the ship and pulled towards the Thorndon beach, where much to his -surprise on landing, he met Mr. Shortland. The presence of Lieutenant -Shortland at Port Nicholson at this juncture requires some explanation. -Shortly after the departure of Major Bunbury from the Bay of Islands, -copies of the _New Zealand Gazette_, a paper published by the -colonists at Port Nicholson, reached the Lieutenant-Governor, and from -the columns of this journal, as well as from other well-authenticated -sources, he learned that the settlers had set up a system of Local -Government consisting of a Council, over which Colonel Wakefield -presided, and a bench of Magistrates, who were attempting to levy -taxes, and to enforce punishments for breaches of laws enacted by -their self-constituted authority.[146] - -To this latter tribunal on April 14 came a Mr. Wade, pleading for -protection against the violence of Captain Pearson of the brig -_Integrity_, his allegation being that this rude seaman had not -only assaulted him, but threatened to throw him overboard. The law, -such as it was, was immediately set in motion, the Captain was -arrested and haled before Major Baker, who held the post of District -Magistrate. To his other supposed offences, Pearson now added the more -heinous one of refusing to recognise the jurisdiction of the Court. He -defied the complainant to proceed with his charge, and dared the -Magistrate to convict him. For this exhibition of independence he was -immediately committed by the irate Magistrate, who could brook no such -contempt for his brief authority. - -On hearing of the fate of their Captain, the crew of the -_Integrity_ flew to arms and pulled to the rescue, but the -settlers were loyal to the law and repulsed them. In view of this -belligerent attitude on the part of his shipmates, it was deemed safer -to incarcerate the recalcitrant Captain on board one of the other -ships lying in the harbour, whither he was conveyed, but it is said, -"owing to the culpable negligence of the constable in charge," he was -permitted to escape. - -While the authorities were foolishly dreaming that their victim was -safely under lock and key, the _Integrity_ sailed for the Bay of -Islands, where Captain Pearson reported, no doubt with advantages, to -the Lieutenant-Governor that the settlers at Port Nicholson were "a -turbulent set of rebels who were seeking to establish a republic." - -The story of the indignant Captain took Governor Hobson completely by -storm, and after satisfying himself by reading the latest copies of -the _New Zealand Gazette_[147] that it had some foundation in -fact he developed a state of anxiety not far removed from panic. It -did not take him long, however, to determine how he should act in the -emergency. - -In the absence of any legal authority to advise him he rather absurdly -interpreted the proceedings of the New Zealand Company as acts of high -treason, and within an hour had ordered the officer commanding the -troops to detach thirty men of the 80th Regiment for duty at Port -Nicholson. He also, two days later, dictated a Proclamation in which -he denounced the attempt to supersede the authority of the Queen, and -called upon all loyal subjects to resume their allegiance to their -lawful sovereign. - - - PROCLAMATION - - WHEREAS certain persons residing at Port Nicholson, New - Zealand, part of the Dominions of Her Majesty, Queen Victoria, have - formed themselves into an illegal Association, under the title of a - Council, and in contempt of Her Majesty's authority, have assumed and - attempted to usurp the powers vested in me by Her Majesty's Letters - Patent, for the Government of the said Colony, to the manifest injury - and detriment of all Her Majesty's liege subjects in New Zealand. - - NOW, THEREFORE, I, WILLIAM HOBSON, Lieutenant-Governor of - New Zealand, command all persons connected with such illegal - Association immediately to withdraw therefrom, and I call upon all - persons resident at Port Nicholson, or elsewhere, within the limits - of this Government, upon the allegiance they owe to Her Majesty, - Queen Victoria, to submit to the proper authorities in New Zealand, - legally appointed, and to aid and assist them in the discharge of - their respective duties. - - GIVEN under my hand at Government House, Russell, Bay of Islands, - this 23rd day of May in the year of our Lord 1840. - - WILLIAM HOBSON, - Lieutenant-Governor. - - By command of His Excellency the Lieutenant-Governor, - - WILLOUGHBY SHORTLAND, - Colonial Secretary. - - -The exigencies of the circumstances were such as seemed to warrant the -taking of even a more decisive step than the despatching of troops to -Wellington, and without waiting for a report from Major Bunbury as to -the success or failure of his mission, two other proclamations were -hastily formulated and published, the one taking possession of the -North Island by virtue of its cession by the native chiefs; the other -declaring the South Island to be part of the Queen's Dominions by -right of discovery.[148] - -In order to give effect to the views which he had formed Captain -Hobson commissioned Lieutenant Shortland, in whose discretion he -placed implicit confidence, to proceed to Port Nicholson, there to -personally read the proclamations, and to take such steps as he might -deem necessary to secure the due recognition of the Crown at the -Southern settlement. Accompanied by the small detachment of troops, -and a still smaller force of mounted police, under the command of -Lieutenants Smart and Best, the Colonial Secretary reached Port -Nicholson in the barque _Integrity_ on the evening of Tuesday, -June 2. A Mr. Cole[149] one of the civil staff, was immediately sent -on shore with copies of the proclamations, and a letter to Colonel -Wakefield, telling him it was Mr. Shortland's intention to land next -day and read the proclamations, requesting at the same time that he -would make all the necessary arrangements. - -These dispositions were interfered with by a heavy gale which sprang -up during the night, making it impossible to carry out the intended -ceremony. In the meantime the Colonial Secretary was waited upon on -board the _Integrity_ by Dr. Evans, and Messrs. Chaffers and Tod, -who came for the purpose of expressing the gratification it gave the -settlers to learn of his arrival. They then proceeded to assure Mr. -Shortland that their actions and intentions had been greatly -misrepresented. Dr. Evans volunteering the information that their -Council had been formed for no other purpose than to preserve the -peace, and for mutual protection until either the Lieutenant-Governor -or some duly accredited representative of the Crown should arrive in -their midst. - -These assurances Mr. Shortland indicated he was prepared to accept, -conditionally upon their being followed by some practical evidence of -their sincerity. He told them plainly that the Council must disappear, -that the flags flown as the insignia of its authority must come down, -and that any proposal from any body of persons assuming any power or -rights would be regarded by him as an act of hostility. To these -conditions the deputation agreed and withdrew, after again protesting -the loyalty of the colonists. - -The storm having abated, Lieutenant Shortland landed on the beach at -Thorndon at 2 o'clock on the afternoon of Thursday June 4, accompanied -by Lieutenants Smart and Best and the four members of the police -force. They were received on the beach by Colonel Wakefield, Dr. -Evans, Captain Smith, R.A., and all the principal settlers, who -conducted them to the appointed place of ceremony. Here the Colonial -Secretary read the proclamations, which he assures us "were responded -to by three hearty cheers; a royal salute from the Europeans, and with -a war dance and general discharge of musketry by the natives who had -assembled in great numbers." - - - PROCLAMATION - - In the name of Her Majesty, Victoria, Queen of the United Kingdom of - Great Britain and Ireland. By William Hobson, Esq., a Captain in the - Royal Navy, Lieutenant-Governor of New Zealand. - - WHEREAS by a treaty bearing date the 5th day of February in - the year of our Lord 1840, made and executed by me William Hobson, a - Captain in the Royal Navy, Consul and Lieutenant-Governor in New - Zealand, vested for this purpose with full powers by Her Britannic - Majesty, of the one part, and the chiefs of the confederation of the - United tribes of New Zealand, and the separate and independent chiefs - of New Zealand, not members of the confederation, of the other, and - further ratified and confirmed by the adherence of the principal - chiefs of this Island of New Zealand, commonly called "The Northern - Island," all rights and powers of Sovereignty over the said Northern - Island were ceded to Her Majesty the Queen of Great Britain and - Ireland, absolutely and without reservation. - - NOW, THEREFORE, I, William Hobson, Lieutenant-Governor of - New Zealand, in the name and on behalf of Her Majesty, do hereby - proclaim and declare to all men, that from and after the date of the - above-mentioned treaty, the full sovereignty of the Northern Island - of New Zealand vests in Her Majesty Queen Victoria, her heirs and - successors for ever. - - GIVEN under my hand at Government House, Russell, Bay of - Islands, this 21st day of May in the year of our Lord 1840. - - WILLIAM HOBSON, - Lieutenant-Governor. - - By His Excellency's command, - - WILLOUGHBY SHORTLAND, - Colonial Secretary. - - - PROCLAMATION - - In the name of Her Majesty, Victoria, Queen of the United Kingdom of - Great Britain and Ireland. By William Hobson, Esq., a Captain in the - Royal Navy, Lieutenant-Governor of[150] New Zealand. - - WHEREAS I have it in command from Her Majesty Queen - Victoria, through her principal Secretary of State for the Colonies, - to assert the Sovereign rights of Her Majesty over the Southern - Islands of New Zealand, commonly called "The Middle Island" and - "Stewart's Island," and also the Island commonly called "The Northern - Island," the same having been ceded in Sovereignty to Her Majesty. - - NOW, THEREFORE, I, WILLIAM HOBSON, Lieutenant-Governor of - New Zealand, do hereby proclaim and declare to all men, that from and - after the date of these presents the full sovereignty of the Islands - of New Zealand extending from 34° 30' north[151] to 47° 10' south - latitude, and between 166° 5' to 179° of east longitude, vests in Her - Majesty Queen Victoria, her heirs and successors for ever. - - GIVEN under my hand at Government House, Russell, Bay of - Islands, this 21st day of May in the year of our Lord 1840. - - WILLIAM HOBSON, - Lieutenant-Governor. - - By His Excellency's command, - - WILLOUGHBY SHORTLAND, - Colonial Secretary. - - -As the last sounds of the rejoicing died away the leaders of the -Settlement again pressed upon the Colonial Secretary their -protestations of loyalty, and reiterated their assurances that in -appearing to assume authority over the community they had been -actuated by no other motive than a desire to preserve the peace and to -protect their property. Under these circumstances the Colonial -Secretary was able to write to Captain Hobson on June 20, "I have -great pleasure in informing your Excellency that Her Majesty's -Government is now fully established, and that both European and native -populations are in a very satisfactory state." - -[Illustration: HORAHORA-KAKAHU ISLAND. - -Where sovereignty was declared over the South Island.] - -Matters were in this position when Major Bunbury landed at Port -Nicholson. He confirmed the harmonious nature of the relations between -_Pakeha_ and Maori in an interview he held with some native -chiefs, and subsequently with Captain Smith, R.A., Surveyor-General to -the Company. This gentleman expressed himself as being much annoyed at -the exaggerated accounts which had been spread regarding the condition -of the settlement,[152] and the disloyalty of the settlers, whom he -averred had received the Colonial Secretary[153] with the most -spontaneous cordiality, the feminine section of the community being -equally enthusiastic in acclaiming the substitution of the British -flag for that of the Company. These protestations must be received and -accepted for whatever weight they may bear. It is a fact too well -known to again require substantiation, that the intervention of the -British Government at this juncture was a grievous blow to the -promoters of the New Zealand Company, and that whatever the feelings -of the populace may have been, the leaders were never in a mood to -express jubilation at the authority of the Crown thus unceremoniously -overriding their own. - -It is at least significant that the _New Zealand Gazette_, the -organ of the Company, in its issue of June 6, is content with making -the most meagre mention of the fact that Lieutenant Shortland had -landed at Thorndon and read the Governor's proclamations. There is no -enthusiasm, no shouts of acclamation described there, while the -editorial is sullen in temper, and ill conceals the barb of -disappointment, or the touch of sarcasm in its congratulations: - - We congratulate our fellow-colonists upon being secured in this part - of the world in all the rights of British subjects. All know, of - course, that His Excellency has it not in his power either to extend - or limit our rights, consequently if we were, so are we now entitled - to the representative Government we have sometime enjoyed, though it - may be for the present placed in abeyance. Under the British flag and - having our representative Government in respect of administration of - affairs, we shall be the most favoured Colony in this part of the - world. We shall be in a better position even than South Australia, - whose constitution is conditional upon having a given amount of - population at a particular moment, and the which may be when obtained - of a very questionable kind. If deprived of our representative - Government, the main good of the proclamations will have been placing - us, so far as the benefits of trade are concerned, on a footing with - all other British colonies. But with this good we have a large - quantity of bitter thrown into the cup. The highest in the scale of - rank is a non-subcolony with a representative Government, and free of - convicts; the lowest a subcolony to a Crown penal colony; and this is - the position in which the free men of New Zealand find themselves - placed by a British proclamation. We are dependent on New South - Wales, and are therefore lowest in the scale of British - colonies--indeed it would be difficult to conceive a lower condition. - We are to be legislated for by a convict colony, we are therefore its - inferior. New South Wales has Norfolk Island--the accursed of - jails--and New Zealand as its dependencies. We place Norfolk Island - first, because first subjected to New South Wales. The difference - between these dependencies is that the one is now devoted to the - convict system and the other is not, but as yet we have no guarantee -that this shall not be the cherished abode of vice and crime. We have -congratulated the colonists upon being placed under the British flag, -but of course we firmly believe that Lord John Russell will -immediately render these Islands independent of New South Wales, and -that if we lose our Representative Government for the present, we -shall not find ourselves placed upon a less favourable footing than -the colonists of South Australia. It must never be forgotten that we -have shewn we can govern ourselves, and were proceeding in a quiet, -orderly, and successful career when the assertion of British authority -took place. - -That these sentiments faithfully reflected the views of the leaders at -Port Nicholson is scarcely open to question, for the writer was in -daily communication with them, and the most cursory perusal of them is -all that is needed to establish how much of elation there is in their -tone. The fact is the despatch of Captain Hobson to New Zealand, and -his subsequent success, brought the keenest mortification to Colonel -Wakefield and his colleagues, and after resistance and ridicule had -failed to prevent the consummation of the treaty, they adopted an -attitude of silent but angry acquiescence in a line of policy which in -their hearts they regarded with the utmost malignity. - -One thing, and one thing only, made the new position tolerable to -them, and that was the prospect of securing to their own settlement -the seat of Government. To this end they adopted an address of welcome -to Captain Hobson, and despatched Colonel Wakefield to the Bay of -Islands to present it. The bait was offered of a hearty welcome and -the most valuable sites in the town for the convenience of the public -offices. Captain Hobson's failure to accept the bribe only added fuel -to the smouldering fires of discontent and served to enhance the -difficulties of his already intricate administration--perhaps to -shorten his life. - -The _Herald_ left Port Nicholson just before dusk on Sunday the -21st, beating out of the Heads in the dark against a fresh south-east -breeze, with her boats holding lights on the extremities of the -outlying reefs for the guidance of the helmsman. Her journey along the -coast was uneventful, and on the night of the 23rd she anchored in -Hawke's Bay. - -On the following morning Major Bunbury landed in search of the chief -Te Hapuku, the most influential representative of the Ngati-Kahungunu -tribe living on this stretch of coast. By common report this chief had -acquired an unenviable reputation for rapacity and extortion towards -the Europeans settled at Ahuriri (Napier). For this reason Major -Bunbury anticipated some little difficulty in finding him "at home": - - "Nor," says he, "did the tears of some of the women who followed us - from one of his residences we found at the bottom of the Bay, make me - think more favourably of him. After walking about a mile along the - beach, and crossing the sandy isthmus we arrived at an estuary, the - road leading round it being only passable at low water. After walking - and wading another half hour we arrived at the _pa_, but the - chief had gone into the country. A native was, however, sent after - him. Here we remained some time, but no chief appearing, we prepared - to return, and left a note for him explaining the nature of our - mission, with a native who was able to read. Before reaching our boat - Te Hapuku overtook us, accompanied by a chief from the Bay of Islands - district, named Hara. The chief, Te Hapuku, at first refused to sign - the treaty, saying that he was nobody, and that he had heard that - those who signed it at the Bay of Islands had been made slaves. I - therefore requested Mr. Williams to ask the chief Hara, who was one - of those who had signed, how he came not to be made a slave and how - many slaves he had seen at that place when he left the Bay of Islands - with Mr. Williams' father. He endeavoured then to explain his meaning - by a sort of diagram on a piece of board, placing the Queen by - herself over the chiefs as these were over the tribes. I told him it - was literally as he described it, but not for an evil purpose as they - supposed, but to enable her to enforce the execution of justice and - good government equally amongst her subjects. Her authority having - been already proclaimed over New Zealand with the consent of the - greatest number of influential chiefs, he would find that the tribes - must no longer go to war with each other, but must subject their - differences to her arbitration; strangers and foreigners must no - longer be plundered and oppressed by natives or chiefs; nor must the - natives be injured or insulted by white men. It was not the object of - Her Majesty's Government to lower the chiefs in the estimation of the - tribes, and that his signature being now attached to the treaty could - only tend to increase his consequence by acknowledging his title. He - might, therefore, sign or otherwise as he thought best for his own - interests and those of his tribe. To give him greater confidence I - told him I regretted it was not in my power to show him the ship, as - we had not the means of relanding his party. I could give him and - his party a seat in our gig, but as they did not appear to have any - canoes in this part of the Bay I did not know how they were to get - back. He then immediately volunteered to go and take his chance of - meeting with some canoes alongside the ship, in which he might - return. - - "A complaint having been made to me by Mr. Ellis, against a native - who had taken from him a whaling boat with its oars and sails, on - pretence that Ellis had cursed him, and who acknowledged he had been - induced so to act from having been prevented from removing some - sawyers he had employed, and for an attempt made to make him pay over - again five sovereigns and 40 lbs. of tobacco he had paid for the - timber. I referred the matter on the spot to Te Hapuku, who - acknowledged that the Englishman's statement was correct. He said, - however, that the native did not belong to his tribe, but as he had - been cursed he wished to know how the native was to be compensated. I - told him Ellis had done wrong, but according to our notions, under - all the circumstances, the punishment had far exceeded the offence. I - should therefore insist upon the boat being returned to him, but as - mild measures were always preferable, I begged he would send a native - to advise the boat being immediately given up, to prevent the - necessity for my employing the ship-of-war, which I otherwise should - do. Mr. Parker of the _Herald_ and Mr. Williams having - volunteered to accompany Mr. Ellis in his boat, I desired the latter, - who understood and spoke the native language, to be told by Mr. - Williams in their language, that I was determined that justice should - be done, not alone to the natives, but to strangers also, and if - necessary the _Herald_ would interfere. When Mr. Ellis was about - to shove off in his boat he returned and told me the observations - that had been made had caused such a sensation amongst the natives - present that he was confident his boat would be, immediately on his - arrival, returned to him, and that he did not consider it would now - be necessary to trouble either Mr. Parker or Mr. Williams to - accompany him. These gentlemen were accordingly passed into the - _Herald's_ gig, and accompanied by Te Hapuku, Hara, and some - other natives we returned on board. Captain Nias ordered a gun to be - fired, at their request, and having signed the treaty and received - some blankets and tobacco as a present, they were put on shore at a - native village in the Bay, where they would get canoes to convey them - to their residence. Mr. Ellis not having returned on board the - _Herald_ according to an agreement I had made with him on shore, - we concluded his boat had been restored to him." - -Major Bunbury having now visited all the places of importance from the -point of view of native population on the East Coast, the -_Herald_ once more set her course for the Bay of Islands, -reaching port on July 4. Captain Hobson had so far recovered in -health, as to resume the active administration of affairs, and was at -the moment of the Major's arrival "absent on a tour of duty." The -propaganda of the treaty had prospered to the fullest expectation. -Five hundred and twelve[154] signatures had been obtained, embracing -almost every man of influence throughout the Islands with the -exception of Te Wherowhero of Waikato, Te Heuheu, of Taupo, Te -Waharoa, chief of Ngatihaua and Taiaroa, of Otago. - -In recognition of this achievement Lord John Russell wrote to Captain -Hobson then rapidly approaching his end: "As far as it has been -possible to form a judgment, your proceedings appear to have entitled -you to the entire approbation of Her Majesty's Government." - -In these circumstances we have now reached that stage in our history -where we may in words of the chiefs themselves, write: "Now, we, the -chiefs of the Assembly of the _hapus_ of New Zealand, assembled -at Waitangi. We, also, the chiefs of New Zealand, see the meaning of -these words. They are taken and consented to altogether by us. -Therefore are affixed our names and our marks." - - -SIGNATURES TO THE TREATY OF WAITANGI - -=Waitangi, February 6, 1840= - - KAWITI. The leader with Heke of the rebellion in the North - in 1845. - TIRARAU. The principal chief of Northern Wairoa. - POMARE. Was detained on board H.M.S. _North Star_ - during the Northern war. - KIORE HEKE, of the Matarahurahu tribe. - HORI KINGI, WHARERAHI. This chief accompanied Hongi to - England. - TAMATI PUKUTUTU. Fought with our troops against Kawiti, at - Ruapekapeka. - HAKIRO. Son of Tareha. - WIKITENE (HIKITENE). Chief of Kapotai of Waikare. - PUMUKA. Was killed by Captain Robertson of H.M.S. _Hazzard_ - at the sack of Kororareka. - MARUPO. A noted warrior. Conquered Ngatimaru and Ngatipaoa. - TE TAO. - REWITI ATUAHAERE. An uncle of Hone Heke. - WIREMU HAU. Afterwards a native assessor. Fought for the - British at Ohaeawai. - KAUA. - TONA. - MENE. - TAMATI WAAKA NENE. The celebrated loyal chief of Nga-Puhi. - MATU HUKA. - KAMERA (KAITEKE). - WARAU. - NGERE. - PATUONE ERUERA MAIHI. Brother of Tamati Waaka Nene. - PAORA NOHOMATANGI. - RUHE. Father of Maketu, who was the first Maori hung for - murder in New Zealand. Ruhe shot himself in 1865. - KAITARA WIREMU KINGI. - TAURA. Killed at Mawhekairangi. - TAURAU. The younger brother of Te Tirarau. - TE ROHA. The younger brother of Te Tirarau. - REWA. Father of Huirau. - MOKA. A celebrated chief in the early days of the colony. - PAPAHIA. Chief of the Hokianga tribes. Father of Wi Tana. - TAKIRI (TITORE NUI, the Great). First commenced - the felling of Kauri spars for the navy. - TAKO. - WIREMU TANA. Son of Papahia. - TANGATA KOTAHI. Son of Papahia. - TE TAI. Son of Papahia. - TOROIHUA. - TE KEHA. - KOWAO. - TAKURUA. - HINAKI. - MANUTA WUNU. - NGA MANU (HAUTOKIA). - HIRO. - MARAMA. - MOE NGAHEREHERE. - MAHU. - WIREMU WUNA. - TAWAEWAE. - WHAREUMU. Killed at Waima. - MAKOWARE. - TE AHU. Son of Parore of Nga-Puhi. - TUKUPUNGA. - HARA. - HAKITARA. Went to England to see King William IV. - HAWAITU (TAMATI). - MATATAHI. - RAWIRI TAIWHANGA. Father of Hirini (Sydney) and Hemi. A - very intelligent man. - PARAARA. - ANA HAMU. - HIRA PURE. - IWI. Ngatirangi tribe, Te Waka. - WHIORAU. - WIREMU WAHTIPU. - PIRIPI HAURANGI. - POKAI. Ngatirangi tribe. The celebrated Hone Heke. Leader - of the rebellion of 1845. - KAUWHATA. Ngatiwai tribe. - TUIRANGI. Matarahurahu tribe. - HOHEPA KINGI RAUMATI. - TAWAKAWAHA. Ngaitawake tribe. - TAWATANUI. - RAWHITI. - KUIHANGA (MAIHI PARAONE KAWITI). - PARAKA. - TAHUA HORI KINGI. - PUKA. - KOROIKO (TE KOROHIKO). A chief from Taupu. - IWIKAU HEUHEU. Younger brother of the great Te Heuheu, of - Taupo. He afterwards became an ardent Kingite. - - _Witnesses._--James Busby; Henry Williams; Richard Taylor, - M.A.; John Mason, of the Church Missionary Society; Samuel Ironside, - Wesleyan Missionary Society; James Stuart Freeman, gentleman. - Witness to the signature of Pomare--James R. Clendon. - -=February 9, 1840= - - REWITI IRIKOE. - TE KUTA. - PAORA KINGI (?). Patu Matekoraha. - HAUPOKIA AHUAHU. A celebrated chief and priest. He was - wounded in three places during the Northern war: twice through the - chest. - MOHI TAHUA. - KAME KUTU. - RANGI TUTURAU. - - _Witnesses._--Joseph Nias, Captain H.M.S. _Herald_; Henry - Williams, clerk. - -=Hokianga, February 13, 1840= - - HAKE. - REWIRI. - TE PANA. - HONE MAKINAIHUNGA. - PANGARI. - RANGATIRA PAKANAE (RANGATIRA MOETARA). - TIO. - TE KAREKARE. - TUKARAWA. - PAKA. - WHAREKORERO. - MARUPO. Ngatikorokoro tribe. - TOTO. - TOKO. - PO. - PIRIPI NGAROMUTU. - WIREMU RAURAKA. - WIREMU PATENE. Son of Otene Pura. - MANAIHI. - PARATENE (TE RIPI). - TE HIRA. - TURAU. - TE KETI. - KENANA. - PERO. - TE URUTI. - WITIKAMA. - TIRA. - TIPANE. - MATIU. - KAIHU. - KAITOKE (TE WHAKAWAI). - HIRA. - KIRI KOTIRIA. - - _Witnesses._--Joseph Nias, Captain H.M.S. _Herald_; - Willoughby Shortland; George Clarke, Church Missionary Society; - William Woon, Wesleyan Mission Society; G. P. Russell, Kohukohu. - -=Waimate, February 15, 1840= - - TAMATI HAPIMANA. - TE KEKEAO PARATENE. - TAONUI MAKOARE. - DANIEL KAHIKA. - ABRAHAM TAUTORU (APERAHAMA TAONUI). - KAITOKE MURIWAI. - TE NAIHI. - TAHUA. - TUKU. - NGARO. - RAWIRI MUTU. - WIREMU WAHNGAROA. - TIMOTI TAKARE. - HAMIORA MATANGI. - ARAMA HONGI. - HAIMONA TAURANGA. - TE KURA. - HEREMAIA. - PI, TE MAHUREHURE. Of the Waima tribe. Killed at Otuihu. Father of - Arama Karaka. - REPA MANGO. - MAUNGA RONGO. - WIRE MANU. - TAKAHOREA. - WAKANAU. - MOHI TAWHAI. A loyal chief who fought for us at Ohaewai. - TIMOTI MITO. - HAIMONA PAIKORAHA. - HUNA TUHEKA. Ngatipakau. - PERO. - WIREMU KINGI. - - _Witness._--Richard Taylor, Church Missionary Society. - -=Waitemata, March 4, 1840= - - WIREMU HOETE. Chief of Ngatimaru. - HAKOPA. - TE AWA. Father of Te Hira. - TAPURU. - TITAHA. Killed by Heke at the battle of Ohaeawai. - KAHUKOTI. - RUINGA. Hori Pokai. - HOHEPA. - POUROTO. - ENOKA. - HINAKI. - KEPA. - PAORA (PUTU). - MOHI TE AHI-A-TE-NGU. - ANARU. - WAITANGI, of Paroa. - WILLIAM KOROKORO. Chief of Ngatiwai. - - _Witnesses._--Joseph Nias, Captain H.M.S. _Herald_; Henry - Williams; William Thomas Fairburn. - -=Kaitaia, April 29, 1840= - - NOPERA PANAKAREAO. Died April 1856 of erysipelas. - PAORA NGARUE. - WIREMU WIRIHANA. - UMU. - HIMIONA TANGATA. Died in 1860. - MATENGA PAERATA. Died in 1862. - RAPATA WAKAHOTU. - HORI POPATA WAKA. Died in 1862. - TAUA. - TAITIMU. - MATIU HUHU. - TOKITAHI. - PARATENE WAIORA. - RAPITI REHUREHU. - KORONEHO PUPU. - PIRIPI RAORAO. - KOPA. - MEINATA HONGI. - OTOPI. - PAETAI. - MARAMA. - PARATENE KARUHURI. - TAMATI PAWAU. - REIHANA TEIRA MANGONUI. - WATENE PATONGA. - WIREMU NGARAE. - HOHEPA POUTAMA. - HARE MATENGA KAWA. Died in 1862. - KINGI KOHURU. - MATIU TAUHARA. - HAMIORA POTAKA. - HUYATAHI (HETARAKA). - MARAKAI MAWAI. - UTIKA HU. - HARE HURU. - TAMATI MUTAWA. - HAUORA. - TOMO. - PUHIPI TE RIPA. Afterwards a native assessor. - EREONORA. Wife of Nopera Panakareao. She died in 1847. - POARI TE MAHANGA. - RAWIRI. - KEPA WAHA. - KORONIRIA NUA. - NGARE (RIWAI HAKI NGARE). - HAMIORA TAWARI. - WHITI. Chief of Awanui. - RUANUI. - HAUNUI. Died in 1862. - KURI. - KAWARIKI. - RAWIRI AWARUA. - RU. Died in 1862 of typhoid fever. - PAPANUI. - HAKARAIA KOHANGA. - KAWAHEITIKI. - PERE KAMUKAMU. - KARAKA KAWAU. Afterwards a native assessor. - PAORA TE HOI. Died in 1862 of typhoid. - HIMIONA WHARAORA. - APERAHAMA OTIRU. - TARA. - PIHERE, from Kawakawa. Ngatimanu tribe. - - _Witnesses._--William Gilbert Puckey, Church Missionary - Society; John Johnson, M.D.; H. D. Smart, 28th Regiment, New Zealand - Mounted Police; Richard Taylor, M.A., Church Missionary Society; - Willoughby Shortland, Colonial Secretary. - -THAMES NATIVES FROM WHAREKAWA - -=Tamaki, July 9, 1840= - - TE ARA KARAMU. - KUPENGA. - NGAHUKA. - NGA MANU. - RARO MANU. - TE HANGI. - - _Witnesses._--David Rough; George Clarke, P.G.A.; John Johnson, - M.D., Colonial Surgeon. - -=Russell, August 5, 1840= - - HAKE (URIKAPANA). - KANAWA. - HANIWA. - - _Witnesses._--George Clarke, Protector of Aborigines; James - Coates, gentleman; James Stuart Freeman, gentleman. - -=Coromandel Harbour, May 4, 1840= - - HORETA TE TANIWHA. Father of Kitahi (Ngatiwhanaunga tribe). - KITAHI. - PUAKANGA. - HAUAURU. - - _Witnesses._--Joseph Nias, Captain H.M.S. _Herald_; Thomas - Bunbury, Major 80th Regiment. - -=Mercury Bay= - - PUNAHI. Ngatimaru tribe. - NGATAIEPA, RAPUPO. - - _Witness._--Joseph Nias, Captain H.M.S. _Herald_. - -=Akaroa= - - IWIKAU. Ngatirangiamoa tribe. - JOHN LOVE. Ngatikahukura tribe. - - _Witnesses._--Thomas Bunbury, Major 80th Regiment; Edward Marsh - Williams. - -=Ruapuke, Foveaux Straits= - - JOHN TOUWAICK (TU HAWAIKI). - TAIAROA. - KAIKOURA. - - _Witnesses._--Joseph Nias, Captain H.M.S. _Herald_; Thomas - Bunbury, Major 80th Regiment. - -=Otago= - - JOHN KARITAI. - KORAKO. - - _Witnesses._--Thomas Bunbury, Major 80th Regiment; W. Stewart. - -=Cloudy Bay, June 17, 1840= - - MAUI PU. - EKA HARE. - PUKE. - KAIKOURA. - JOSEPH TOMS. Son-in-law of Nohorua. - NOHORUA. Elder brother of Te Rauparaha. - WAITI. - WI. - TE KANAE. - PUKEKO. - - _Witnesses._--Thomas Bunbury, Major 80th Regiment; W. Stewart. - -=Kapiti, June 19, 1840= - - TE RAUPARAHA. - TE RANGIHAEATA. - - _Witnesses._--Thomas Bunbury, Major 80th Regiment; W. Stewart. - -=Hawkes Bay, June 23, 1840= - - TE HAPUKU. - WAIKATO. Went to England with Hongi. - MAHIKAI. - - _Witnesses._--Thomas Bunbury, Major 80th Regiment; Edward M. - Williams. - -=Manukau, March 20, 1840= - - KAWAU (APIHAI). Chief of Ngatiwhatua tribe. - TINANA. - TE REWETI (WIREMU REWETI). - - _Witnesses._--W. C. Symonds; James Hamlin. - -=Kawhia, April 28, May 25, June 15, August 27, September 3, 1840= - - RAWIRI. - TE KAWANA. - TARIKI. - HAUPOKIA. - TE WARU (HORI). - TAONUI. - HONE WAITERE AOTUROA. - TE MATENA TE WHAPU. - NGAMOTU. - WHAREKAWA. - - _Witnesses._--James Wallis; John Whiteley. - -=Waikato Heads, April 11 and 26, 1840= - - PAENGAHURU. Ngatitipa tribe. - KIWI NGARAE. Ngatitahinga tribe. Father of Apera Kiwi. - PAKI. Ngaungau tribe. - NGAPAKA. Ngatitipa tribe. - KUKUTAI. Ngatitipa. Father of Waata Kukutai. - TE NGOHI. Ngatimaniapoto from Kawhia. - MURIWHENUA. Ngatihaua from Aotea. - TE PAKARU. Ngatimaniapoto from Kawhia. - NUTONE. Afterwards a pensioner. - TE WARAKI. Ngatimaniapoto from Kawhia. - TE ROTO KIWI. Ngatimahuta from Kawhia. - PAERATA NGATIPOU. - KATIPA NGATIPOU. Father of Maihi, who was captured at - Rangiriri. - MAIKUKU. Ngatiteata tribe. - APERAHAMA NGAKAINGA. Ngatiteata tribe. - HOANA RIUTOTO. Ngatimahuta tribe. - WAIRAKAU. Ngatitetata tribe. - HAKI AOTEA. Ngatituwehi tribe. - WIREMU TE AWAITAIA (WIREMU NERO). The well-known loyal - chief of Whaingaroa. - TUNUI NGAWAKA. Ngatitahinga from Waikato. - KAMURA WAUROA. - POHEPOHE. Ngatihaua from Matamata. - POKAWA RAWHIRAWHI. Ngatihaua from Matamata. - PUATA. Ngatiruru from Otawhao. - MOKOROA. Ngatiruru from Otawhao. - PUNGAREHU. Ngatiapakura from Tarawera. - POHOTUKIA. - TE KEHA. Ngatinaho. - WHAREPU. Ngatiahine from Taupiri (Pene). Killed at - Rangiriri. - KANAWA. Ngatiahine from Taupiri (Kihiringi). Killed at - Rangiriri. - WHATA. Ngatitipa from Whangaroa. - NGAWAKA TE AO (TE AO-O-TE-RANGI). Ngatiwauroa from Putataka. - PEEHI. Ngatiruru from Otawhao. - WIREMU NGAWARO. - HONE KINGI. - TE TAWA. - TAMATI. - RAPATA WAITI. - TE AWARAHI. - REHUREHU. - - _Witnesses._--R. Maunsell; B. Ashwell; W. C. Symonds. - -=Opotiki, May 27 and 28, 1840= - - +TAUTORU. - TAKAHI. - APOROTANGA. Killed by the wife of Tohi-Pekamu after the battle - of Te Awa-a-te-Atua. - ATUA. - WHAKIIA. - +RANGIMATANUKU. - +RANGIHAEREPO. - -=Torere, June 11, 1840= - - PUTIKI. - RANGIHUATAKI. - -=Tekaha, June 14, 1840= - - HAUPURURANGI (AOPURANGI). - HAHIWARU. - HAOMARAMA. - WHARAU. - -=Torere, June 14, 1840= - - TAKU. - TAUTARI. - - _Witnesses._--James W. Fredarb;[155] Papahia; Wiremu Maihi. - -=Whakatane, June 16, 1840= - - MOKAI. - MATA. - TARAWATEWATE. - TUNUI. - TAUPIRI. - HAUKAKAWA. - PIARIARI. - MATATETOHIA. - REWA. - TUPARA. - MOKAI. - TE UIRA. Ngatipou tribe. - NGAHU. - RAHIRI. Ngatimaru tribe. - TE MOKE. Ngatitewehi tribe. - TE WERA. Ngatimaru tribe. - - _Witnesses._--J. W. Fredarb; R. Maunsell. - -=Wellington (Port Nicholson), April 29, 1840= - - TUARAU. - HIKO-O-TE-RANGI. Chief of Mana Island. - TUNGIA. - RAKE. - WHAREPOURI. - MATANGI. - TARINGA KURI. - WHAKAKEHO. - PORUTU. Attended the Kohimarama Conference, 1860. - WHAKATAURANGA. - HORE. - PANI. - RAWI. - KOPIRI. - WHANGA. - NGAPAPA. - REIHANA REWETI. - NGATATA. Father of Wi Tako. - PUAKAWE. - NAPUNA. - MOHIROA. - TUTE. - INGO. - PAKAU. - PATUHIKI. - TE KAHE. Grandmother of the Hon. Dr. Pomare, M.P.; and with - Topeora, Rangihiata's sister, was the only woman permitted to sign - the treaty. - KOPEKA. - REREWA. - TE PUNI (TE HONIANA). - TUHOTO. - PAKEWA. - POPUKA. - - _Witnesses._--Henry Williams, Clerk; George Thomas Clayton, - Merchant. - -=Queen Charlotte's Sound, May 4 and 5, 1840= - - TOHEROA. - REWA. - WHATIMO. - TE TUPE. - TIAHO. - TIKAUKAU. - ORAKAKA. - TUTERAPOURI. - TIRARAU. - NGAORANGA. - HURIWENUA. - TAUKINA. - IWIKAU. - PUNGA. - RANGOWAKA. - KIRIKIRI. - POTIKI. - TARAHEKE. - ANARU. - PIKAU. - HONE. (?) ROPOAMA TE ONE - MANA. - KAPARANGI. - TAPOTUKU. - UAPIKI. - MARU. - KARAKA. - - _Witnesses._--Henry Williams, Clerk; George Thomas Clayton, - Merchant. - -=Rangitoto, May 11, 1840= - - TE WHETU (The Star). - PARI. - TAROPIKO. - PUTETE. - RANGIAHUA. - TAHANUI. - OROKAKA. - TOITOI. - TE MAKO. - IPUKOHU. - TE TIHI. - HUIA. - NUKUMAI. - - _Witnesses._--Henry Williams, Clerk; George Thomas Clayton, - Merchant. - -=Kapiti, Otaki, Manawatu, May 14, 1840= - - TE RAUPARAHA. Principal Chief of Cook's Strait. - KATU. - TE WHIWHI (MATENE). - TOPEORA. Mother of Matene Te Whiwhi. - TE RURU (APERAHAMA). - MATIA. - KEHU. - HAKEKE. Father of Kawana Hunia. - TAUMARU. - MAHI. - TE OTA. - KIHAROA. - TE PUKE. - TOREMI (HOROMONA). - TE AHOAHO (TE KINGI). - TAHURANGI. - PATUROA. - TE TOHE. - TE WHETU. - TAUHEKE. - PAKAU. - WHITIOPAI. - - _Witnesses._--Henry Williams, Clerk; Octavius Hadfield, Clerk. - -=Waikanae, May 16, 1840= - - RERETAWHANGAWHANGA. Father of Whiti. - WHITI. the Celebrated Wiremu Kingi. - PATUKEKENO. - NGARAUREKAU. - TE HEKE. - TUAMANE. - NGAPUKE. - PATUKA KARIKI. Died At Taranaki. - NGAKANAE. - PUKERANGIORA. - KUKUTAI. Killed at Te Poutoko. - KOMAKI. - RARANGA. - HOHEPA MATAHAU. - KIHA. - HIANGARERE. - URERUA. Killed at Waikanae. - TE WEHI. - PEHI. - KETETAKERE. - - _Witnesses._--Henry Williams, Clerk; Octavius Hadfield, Clerk. - -=Motu Ngarara, June 4, 1840= - - TE RANGIHIROA. - TE OHU. - - _Witnesses._--Henry Williams, Clerk; George Thomas Clayton, - Merchant. - -=Wanganui, May 23 and 31, 1840= - - ANAUA (HORI KINGI). - TAWITO (KAWANA PAIPAI). - MAWAE. - RERE. - TE TAURI (WIREMU ERUERA). - RORE. - TUROA. - TAKA. - KURAWHATUA. - RANGIWHAKARURUA. - URIPO. - HIKO. - TAKATERANGI. - PAKORO. - - _Witnesses._--Henry Williams, Clerk; O. Hadfield, Clerk. - -=Tauranga, Poverty Bay= - - MANUTAHI. - TURUKI. - KAINGAKIORE. - ERUERA WINA. - TAKATUA, from Waiapu. - DAVID RANGIKATI, from Waiapu. - TAMAWA KAMEHUA, from Tokomaru. - TE PAKARA, from Turanga. - PAI-TE-RANGI. - TUTAPATURANGI TAETANGAWARE. - TITIRANGI. - TAWARAU. - RANGIUIA UAWA (NOPERA RANGIHUIA). - RANGIWAI, from Waiapu. - MIMIOPAWA, from Waiapu. - KAKATARAU, from Waiapu. - AWARAU, from Waiapu. - TAMITERE, from Tokomaru. - MANGARE, from Turanga. - MARONUI, from Turanga. - TONA (TANAMANAIA), from Turanga. - NGATIKAREAHO, from Wairoa. - TUHURA. - TE HORE, from Turanga. - WHAKAHINGATU, from Turanga. - PONEKAHIKA (HORI), from Uawa. - RANGIWHAKATATAE, from Waiapu. - MOKOPUORONGO (PARATENE). Leader of the Kingites at Tokomaru. - POTOTI, from Turanga. - UIRAMAITAI, from Turanga. - TAWARAKIHI, from Turanga. - TUROA, from Turanga. - MAHUIKA, from Turanga. - TE PANEPANE, from Turanga. - TE WHAREANA, from Turanga. - TE EKE (RAWIRI), from Turanga. Father of Hirini. - TE TORE, from Ahuriri. - TUTAEPA, from Waiapu. - KAURU-O-TE-RANGI (POPATA). Afterwards leader of the King - party at Korauruterangi, from Waiapu. - TE POTAE (ENOKA), from Tokomaru. Father of Henare Potae. - - _Witnesses._--William Williams; Henry Williams, Junr.; G. - Clarke, Junr. - -=Tauranga (now Gisborne)= - - TE WHANAKE. - HIUTAO. - TAMAIWAHIA. - TE HUI. - PAETUI. - TE KOU. - REKO. - TARI. - MATATAHUNA. - TE KONIKONI. - TAUARUMIA. - NUKA. - TE TUTAHI. - TE POHOI. - PUTARAHI. - PIKITIA. - TE MAKO. - TE PEIKA. - KAPA. - TE HAEREROA. - HOANI ANETA. - - _Witnesses._--Hoani Aneta; James Stack; Henry Taylor. - -[94] Although the Hokianga chiefs as a body were the most determined -in their opposition to the treaty, it is worthy of note that they were -afterwards the most faithful in their adherence to the Government, and -fought gallantly under Waaka Nene, Aperahama Taonui, and Mohi -Tawhai against Heke and Kawiti, during the Northern war of 1845. - -[95] These speeches are reported from notes made at the time by -Lieutenant Shortland. In Captain Hobson's despatch he makes it appear -that it was Papa Haiga (Papahia) who made this statement, but from Mr. -Shortland's notes it would appear to have been Taonui. - -[96] Afterwards Judge Manning of the Native Land Court, and author of -that classic _Old New Zealand_. - -[97] Meaning one who has been favourable to the introduction of -Europeans. - -[98] Altogether 120 signatures were obtained in the Hokianga -district. - -[99] Captain Nias conducted the meeting at the Waitemata, and secured -eight or ten signatures. - -[100] It is more than likely that at this date Captain Nias did not -know the real nature of Captain Hobson's illness. Some correspondence -which took place later in the month seems to suggest that there was a -little friction between Dr. Lane, the ship's surgeon, and himself on -the subject. On the arrival of the _Herald_ in Sydney, towards -the end of March, Dr. Lane was sent for by Sir George Gipps, who -requested that he be furnished with a written report on the state of -Captain Hobson's health. Dr. Lane replied, ascribing the illness to an -attack of paralysis hemiplegica. In forwarding this report to the -Governor, Captain Nias stated that "it is in total contradiction of -everything he has stated before to me on the subject." - -[101] The attitude of the Missionaries toward the treaty was well -expressed by the Rev. Mr. Maunsell in a letter to the Colonial -Secretary, Mr. Shortland, dated April 14, 1840. - -[102] These services were acknowledged in the most generous terms by -Captain Hobson. - -[103] "The appointment of Police Magistrates was one of the first acts -under the new order of things. Mr. Robert (?) Shortland, the first -Police Magistrate, after the illness of Governor Hobson, styled -himself Acting-Governor, and a more ridiculously pompous functionary -could scarcely be imagined."--Commander Wilkes. - -[104] "A report prevails and not without foundation that a conspiracy -against the Government and Military exists amongst many of the chiefs -of this neighbourhood. I know the persons implicated and I will have -them closely watched. If there really is any truth in the matter it -may be ascribed to the mischievous stories that have been circulated -by low, abandoned Europeans who try to persuade the natives that we -only wait until we are strong enough, to take possession of the land, -and sell it, irrespective of Native claims."--_Vide_ Captain -Hobson's Letter to Sir G. Gipps, May 5, 1840. - -[105] In many cases Mr. Shortland has used the baptismal name of the -men who spoke, and in some instances, such as Forde and Marsden, it is -now impossible to identify the men from their signatures on the -treaty. - -[106] A reference to the misrepresentations of the Europeans. - -[107] "Our chief Noble has become quite a European in his habits. He -has a neat little weather-boarded cottage, which is furnished with -table and chairs like our own, and his food is much the same. He has -purchased tea, sugar, and rice from the European settlers, and is as -cleanly with his wife as any white person, and in all respects as -comfortable. He assembles his servants and people about him, morning -and evening for prayer, and all his concerns are conducted with the -utmost order. His Excellency Governor Hobson has just visited this -place. He, with his suite, supped at Noble's, and was vastly pleased -with him."--Report of Mr. Puckey in _Missionary Register_, 1841. - -[108] The meeting concluded with a war dance, and general discharge of -musketry, and a feast provided entirely at Nopera's expense. Not only -did he refuse to accept any payment, but he added to his generosity by -sending to the Governor a present of pigs and potatoes. - -[109] Captain William Cornwallis Symonds was the son of Sir William -Symonds, Surveyor of the Navy, and was Deputy Surveyor of New Zealand. -He accompanied Dr. Dieffenbach on some of his exploring expeditions, -and made maps of his observations. He was also an enthusiastic student -of the native language, and collected a vocabulary of 3000 Maori -words. He lost his life in 1841 through his canoe capsizing while -crossing the Manakau Harbour. - -[110] Rewa had said at Waitangi that his opposition there had been -inspired by the Bishop. - -[111] The Rev. Robert Maunsell (afterwards Archdeacon Maunsell) -arrived in New Zealand in 1835. He was a "ripe and trained scholar," -and after he had mastered the native language became, next to Mr. -Henry Williams, the leader of the Missionary movement. He rendered an -invaluable service to the cause of Christianity by his translations of -the scriptures and prayer-book into the Maori tongue. In July 1843 his -house was destroyed by fire, and with it were lost the MSS. of his -dictionary, and his revisions of the translated Psalms and Old -Testament. He however courageously set to work again almost before the -burns upon his hands had healed. A fund of £200 subscribed in England -provided him again with a library. - -[112] Afterwards massacred at the White Cliffs. - -[113] Neither Te Wherowhero nor his brother, Kati, appear to have -signed the treaty. - -In the appendix to Kerry Nicholls' _King Country_ appears the -following as a portion of the late King Tawhiao's autobiographical -narrative: "I remember a European coming to ask Te Wherowhero -(Tawhiao's father) to sign the treaty of Waitangi. That European was -Mr. Maunsell. The Maori he had with him was Tipene Tahatika. Te -Wherowhero said he would not sign. Mr. Maunsell remarked to Tipene, -'This ignorant old man, if he had signed, I would have given him a -blanket.' Te Wherowhero was then at Awhitu. Te Wherowhero's name was -afterwards put to the treaty, but it was written by Te Kahawai, and -not by himself." - -[114] Mr. Hamlin, though laying no great pretensions to scholarship, -was considered by the Maoris to be the most perfect speaker of their -language in New Zealand. - -[115] "Here I may remark that it is impossible to view with unconcern -the injurious tendency of religious dissensions among a people just -emerging from paganism. Between the disciples of the Bishop and those -who have embraced the doctrines of Protestantism there already exists -a feeling which borders on hostility, and it is not unusual to hear -the former taunted by their adversaries as worshippers of wood and -stone, misguided unbelievers, devils, etc. To express sentiments of -severe censure against the Roman Catholic Church and its followers is -not the most efficient means of advancing the interests of the -Protestant Church, and in reply to the illiberal language which is -dealt forth so unsparingly on this subject, we may cite among -innumerable other facts, the life and actions of Fénélon, the most -blameless and virtuous of men, in proof that a Roman Catholic -clergyman is not of necessity either a Jesuit or a hypocrite. But -holding in view the admitted tendency of religious dissensions to -unsettle and weaken the impression of Christianity in the minds of the -natives of New Zealand, and at the same time to foster dissension and -angry feeling it is certainly to be regretted that an attempt has been -made to introduce the doctrines of Rome into a field already -preoccupied by the active and zealous emissaries of the reformed -Church."--Jameson. - -[116] "During my residence at the Bay of Islands, on this occasion, I -derived much pleasure from the acquaintance and conversation of M. de -Pompallier, the chief of the French Catholic Mission to the South -Seas, and Bishop of Oceania, who was held in high esteem by every -individual in the settlement, not only on account of his polished and -courteous demeanour, but from his more important merits of learning, -professional zeal, and practical benevolence. Whatever may be said of -his persuasion, it is at least evident that no motives of a worldly or -ambitious nature could have thus induced a man of rank and wealth to -devote himself to the arduous and hazardous duties of a missionary in -the Pacific."--Jameson. - -[117] Captain Lavaud mentions that during this interview he had always -addressed the Lieutenant-Governor as "Captain," and not as His -"Excellency." He explains, however, that he did so "more by instinct -than with any intention of being discourteous." - -[118] The treaty is here transcribed in the Captain's Despatch. - -[119] The Rev. William Williams does not appear to have obtained the -signatures of Te Kani-a-Takirau or Houkamau amongst the chiefs of -Waiapu. It is unlikely that men of importance such as these were -overlooked, and we may therefore conclude that they objected to sign. -Mr. Williams reported that he would require sixty more blankets to -complete the gifts to the chiefs in his district. Mr. Williams was -afterwards first Bishop of Waiapu. - -[120] The district now surrounding Napier. - -[121] "I desire to impress upon you the anxious wish of the Directors -that you, and all the servants of the Company, should do whatever may -be in your power to promote the success of Captain Hobson's mission, -and to accelerate as much as possible the time when it is to be hoped -that he, as Her Majesty's representative may establish a British -authority and the regular application of English law, not only in the -Company's settlements, but throughout the Islands of New -Zealand."--Extract from a letter written by Mr. John Ward, Secretary -to the Company, to Colonel Wakefield, after the Company had been -advised that its proceedings were illegal. - -[122] "On the Wednesday following, while preparing to take my -departure--not being able to obtain the signatures required owing to -the opposition of Colonel Wakefield and others, to the treaty between -the chiefs and Her Majesty--Colonel Wakefield came to me, making a -most ample apology, and expressed his regret that he should have given -way to his hasty feelings on the previous Saturday, and hoped that I -should not leave the port with unfavourable feelings, and that he was -ready, if I wished, to make a public apology. The fact was that -Colonel Wakefield wanted the land, and was willing to make any -sacrifice confined to words."--Carleton's _Life of Henry -Williams_. - -[123] This letter, written subsequent to the Colonel's apology, was -first made public through the columns of the London Times, and it was -not for months afterwards that Mr. Williams heard of it. The history -of the land transaction referred to, which excited the indignation -(righteous or otherwise) of Colonel Wakefield, is fully told in that -interesting book, Hugh Carleton's _Life of Henry Williams_, vol. i. -pp. 237-243, and should be read by all impartial students of the -question. - -[124] Amongst others, by Te Rauparaha and his niece Topeora, the -poetess, on May 14. - -[125] Immediately after his seizure, Captain Hobson had dispensed with -the services of the _Herald_, on account of his personal -differences with her Captain. She then returned to Sydney, but Sir -George Gipps sent her back again, telling Captain Nias that "naval -co-operation was essential to the enterprise at New Zealand, as the -Queen's sovereignty was established over only a small portion of the -Northern Island." - -[126] Major Bunbury, K.T.S., and a portion of his regiment (the 80th) -were sent to New Zealand by Sir George Gipps in H.M.S. _Buffalo_, -as the result of a request from Captain Hobson for some military -support. They left Sydney just as the news of Captain Hobson's illness -reached the seat of Government, and Major Bunbury was given a -commission to act as Lieutenant-Governor in the event of Hobson's -death or resignation. - -In his _Reminiscences_ the Major states that Captain Hobson -begged him to undertake this Southern mission in order to relieve him -(Hobson) from the necessity of again sailing with Captain Nias, with -whom he had several violent quarrels about the salutes he was to -receive and other similar details. "It was," says the Major, "a -grievous sacrifice to make, the troops not having yet landed or -arrangements been made for their accommodation, but I could not -prevail upon myself to refuse him." - -[127] Horeta te Taniwha, the celebrated chief known as "Hook-nose," -who remembered Cook's visit to New Zealand. - -[128] This was what the natives called "making their hearts good." -"Pay us first and we will write afterwards." "Put money in my left -hand and I will write with my right hand," was how they often -expressed it. - -[129] _Taihoa_ = delay, postpone, put off, reserve for further -consideration. - -[130] Meaning that he was the representative of the central district. - -[131] The writing of the treaty. - -[132] Major Bunbury left eight blankets with Mr. Stack for -distribution amongst future signatories, but the Missionary mentions -in a subsequent letter: "Several more may be wanting if Tupaea and his -friends sign." Tupaea would not sign, either when approached by Mr. -Stack, or later when he paid a visit to Manakau. The above discussion -explains why. - -[133] The dialect spoken by the natives of the South Island of New -Zealand differs in some important respects from that spoken in the -North Island. - -[134] Major Bunbury was so impressed with the fertile appearance of -Banks's Peninsula that he recommended it be surveyed as soon as -possible and thrown open for settlement in allotments of convenient -size, in order to put a stop to the "preposterous claims" which were -being urged by the Sydney land speculators. Most of these claims of -"doubtful origin" originated in sales contracted with Taiaroa, the -Otago chief, who had an equally "doubtful" right to sell. Taiaroa went -to Sydney in the _Dublin Packet_ in 1839. - -[135] "In some excursions I made I was much pleased with the fertile -appearance of this beautiful island, and although the winter was so -far advanced it was not so cold as I had anticipated from its being so -far south. Indeed the number of parrakeets seen flying about give it -rather the appearance of a tropical island.... The soil appears in -general good, with plenty of timber. There are several varieties of -pine. All the trees, however, appear to be evergreens."--Major -Bunbury's _Despatch_. - -[136] Major Bunbury mentions that by this time he had become ashamed -of this sobriquet, which was given to him by the whalers, and disowned -it, preferring to be called by his native name. - -[137] Tu Hawaiki had only returned in the previous month of March from -Sydney, where he had been presented with these uniforms by Sir George -Gipps. Shortly after this chief's repulse of Te Rauparaha at Lake -Grassmere, on the coast of Marlborough, he boarded a British -man-of-war, and on being asked who he was, proudly replied: "Me all -the same the Duke of Wellington, Te Rauparaha all the same Napoleon." - -[138] Another chief named Taiaroa is also credited with signing. It is -difficult to determine which chief this was, as the great Taiaroa was -at Moeraki at the time. Possibly it was one of his sons. - -[139] These were Kaikoura and Taiaroa. The identity of this Taiaroa is -not clear. - -[140] There were two American and two French whalers at the anchorage -here at the time. - -[141] Major Bunbury mentions that some of these speculators had -already sent a number of cattle over, but the natives resisted the -occupation of their alleged purchases, and the persons who were placed -in charge of the cattle "find themselves in rather an awkward -predicament." - -[142] Popularly known amongst the whalers as "Jordy Bolts." - -[143] Major Bunbury mentions the eagerness manifested by the natives -of Cloudy Bay for spelling-books and Testaments. On the table in his -cabin was lying a Testament printed in the native language which had -been given to him by Bishop Broughton. This was seen by some of the -Maoris visiting the ship, who importuned him for it, with the result, -he feared, that his refusal gave serious offence. - -[144] As the _Herald_ left Cloudy Bay, the Kaikouras, clad in -their winter snow, loomed up in the distance, and Major Bunbury was -deeply impressed with what he calls their "bleak and savage -appearance." The Major took his departure from the Middle Island fully -convinced that it had been greatly underrated by the authorities both -in regard to the fertility of its soil and the intelligence of its -natives. - -[145] Te Rauparaha may have laid himself open to this charge of -insincerity by afterwards making light of the fact that he had signed -the treaty, and offering to sign again if they gave him another -blanket. With Te Rangihaeata it was different. Savage that he was, he -had the keenest sense of honour, and he would not have signed the -treaty had he not approved it so far as he understood it. His -subsequent rebellion was not a protest against the establishment of -civil authority so much as it was active resistance towards what he -believed to be the unfair if not the dishonest methods of land dealing -adopted by the New Zealand Company, in whom he lost all confidence -after their attempt to seize the Wairau Valley. - -[146] Before the first batch of the Company's emigrants sailed from -the Thames, they were induced by the Directors to sign an agreement -binding themselves to "submit in all things needful to peace and order -until the establishment of a regular Government." This meant that if -any of them committed a breach of the law of England, he should be -punished according to the law of England. This agreement was brought -under the notice of Lord John Russell who challenged the right of the -Company to enforce such a provision. The Company took the opinion of -Serjeant Wilde upon the point, and his advice, given on November 14, -1839, was that (1) the parties will not be justified by law in acting -under the agreement, (2) that those acting under it were liable to -prosecution for so doing, and (3) the agreement should be abandoned. - -[147] "Captain Pearson of the brig _Integrity_ was arrested -to-day (April 14) under a warrant issued for illegal conduct towards -his charterer, Mr. Wade, of Hobart Town, and brought before the -District Magistrate, Major Baker. The prisoner refused to recognise -the Court, and was accordingly committed. The ensuing day Captain -Pearson made his escape, and an escape Warrant has accordingly been -issued against him."--Extract from _New Zealand Gazette_ (the -first newspaper published in the Colony), April 18, 1840. - -[148] The proclamation itself does not make it clear on what grounds -Hobson took possession of the "Island." Indeed it is so ambiguously -worded that he seems to imply that he claimed it by right of cession. -In his despatch to the Secretary for State, however, he made it clear -that he intended to claim it "by right of discovery," a course which -he had recommended to Lord Normanby before he left England. - -[149] "Captain" Cole as he was sometimes called, because he had been -sailing in an East Indiaman, had been one of the early Wellington -settlers, having come out in the _Aurora_. On the arrival of -Captain Hobson he removed to the Bay of Islands, and had succeeded in -getting himself appointed chief constable at Port Nicholson, in which -capacity he now appeared in the Southern settlement. - -[150] As sovereignty over only a small portion of the Colony had at this -time been ceded to the Queen, Hobson was claiming a wider jurisdiction -than he was entitled to in describing himself as "Lieutenant-Governor -_of_ New Zealand." He was only Lieutenant-Governor _in_ New Zealand. - -[151] This also was a mistake. It should have been South, not North. -On this error Sir George Grey once based the argument that New Zealand -included New Guinea, and was entitled to claim control over it. The -error was corrected and the boundaries so amended as to include the -Chatham Islands.--Vide Letters Patent issued to Captain Hobson, April -4, 1842. - -[152] It had been reported that the settlers were starving, which was -quite untrue. - -[153] While H.M.S. _Britomart_ (Captain Stanley) was returning -from her historic visit to Bank's Peninsula she put in to Port -Nicholson and took Mr. Shortland on board, leaving Mr. Murphy to -supply his place as the representative of the Government at the -Southern settlement. - -[154] This number was subsequently increased to 546. - -[155] Mr. Fredarb, who was trading master of the schooner _Mercury_, -added the following note to his copy of the treaty: "The chiefs at -Opotiki expressed a wish to have it signified who were Pikopos -(_i.e._ Roman Catholics) and who were not, the which I did by -placing a crucifix + preceding the names of those who are, as above, -and at which they seemed perfectly satisfied." - - - - -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 magnitude of the property at stake naturally excited Mr. Wentworth -to his most eloquent effort, and in an address of considerable length -and subtlety he argued that before the proclamations issued by Sir -George Gipps and Captain Hobson, nullifying all titles to land not -derived from the Queen, could be binding upon British subjects, they -must be founded upon some law previously existing; and if they were so -founded then it was the duty of those who had issued them to satisfy -the Council what that law was. The principle contained in the preamble -of the Bill--that no chiefs, or other individuals of tribes of -uncivilised savages had any right to dispose of the lands occupied by -them--was, he contended, at variance with British law and with the Law -of Nations. Numerous authorities were marshalled in support of this -view, and also to prove that it mattered nothing whether the New -Zealanders were an independent nation or only a few errant tribes -scattered over the country; they still possessed the demesne of the -soil to do with as they pleased. This being so, those who purchased -land from them were only acting in accordance with the natural rights -of the natives and in compliance with the Law of Nations. According to -Vattel--one of the world's most eminent authorities upon the relation -of one nation to another--individuals landing in an uninhabited -country might not only establish colonies, but also erect a government -and an empire, and he argued that if such a proceeding was permissible -in an uninhabited country, it resulted _a fortiori_, that it -might be done in a country that was peopled, provided the natives of -that country gave their consent thereto. The story of the first New -England Settlement under Davenport and others, in 1620, was urged as -conclusive proof that British subjects, unsupported by a Royal -Charter, might form colonies and erect governments, as had been done -in Connecticut, where the government so established had lasted for -over two centuries. He denied that there was any merit in the official -assumption that the Crown had derived sovereignty over the Islands of -New Zealand by right of discovery. Discovery gave no right of -occupation in an inhabited country, nor would the Law of Nations -acknowledge the property and sovereignty of any nation unless its -possession were real, unless its settlements were actual, or it had in -some way made practical use of the soil. The Bill rested upon the -principle that the native was incompetent to sell his own land, and -the British subject was incompetent to buy--a principle which he -thought he had clearly disproved. Confiscation was the key-note of the -measure. It was a Bill designed to take away property, annul grants, -and to forfeit all landed possessions acquired by British subjects in -New Zealand. He condemned the Bill absolutely, because he claimed to -have established on incontestable grounds, and by the aid of -indisputable authorities, the right of British subjects to buy land -from the New Zealanders, a right which could not be taken away until -the Council passed an Act to restrain it. Under these circumstances it -was highly illegal to proceed to divest parties of their possessions -without adequate compensation, such as was given in England when land -was required for public purposes. The compensation to be given in such -cases must always be awarded by a jury; therefore the proposed Bill -was clearly repugnant to the laws of England. Only a few days -previously the Council had passed an Ordinance, making all the laws of -England and of the colony of New South Wales applicable to New -Zealand. Amongst these was the right of trial by jury of which the -proposed Bill was completely subversive; it took away the right of -trial by jury; and therefore, declared Mr. Wentworth, the Council -could not pass it, or if they did, the Judges could not certify to it. - -These arguments were reiterated and amplified by the two barristers, -Messrs. A'Beckett and Darvell, and on July 9 their official refutation -was placed before the Council by Sir George Gipps, who on that day -delivered in reply a speech remarkable for its broad grasp of -constitutional history, as well as for its fearless declaration of the -attitude adopted by the Crown. It was during the development of this -smashing rebuttal that the objectors were enlightened as to the three -great principles of law upon which the second clause of the treaty was -founded; "principles, which, until I heard them here controverted," -said Sir George, "I thought were fully admitted, and indeed received -as political maxims." Briefly these were: - - 1. That the uncivilised inhabitants of any country have but a - qualified domain over it, or a right of occupancy only; and that, - until they establish amongst themselves a settled form of government, - and subjudicate the ground to their own uses by the cultivation of - it, they cannot grant to individuals, not of their own tribe, any - portion of it, for the simple reason that they have not themselves - any individual property in it. - - 2. That if a settlement be made in any such country by a civilised - power, the right of pre-emption to the soil, or in other words, the - right of extinguishing the native title, is exclusively in the - Government of that power, and cannot be enjoyed by individuals - without the consent of the Government. - - 3. That neither individuals nor bodies of men belonging to any nation - can form colonies, except with the consent and under the direction - and control of their own Government, and that from any settlement - which they may form without the consent of their Government they may - be ousted. That is, so far as British subjects are concerned, they - cannot form colonies without the consent of the Crown. - -It is not necessary to closely analyse the first of these declarations, -as whatever may be said of it as a principle of law it was not in any -sense applicable to New Zealand. Logicians may amuse themselves -discussing why a people who are capable of granting titles to -individuals of their own tribes are yet incapable of granting similar -rights or concessions to individuals of other nations; or how the -Government of another nation can acquire from those natives a title to -land which it has already declared the natives do not possess and have -no power to give. In other words, it may form sport to the mental -speculator to discover how a Government can extinguish a native title -which that Government has affirmed does not exist, for that is what -this declaration of principle means if it is to be invested with any -meaning at all. - -Such reasoning is at this juncture foreign to our purpose, because, -however true it may be that the native lands of New Zealand being held -in common, it was not competent for individual natives to grant titles -to Europeans, seeing that no individual interests had been -ascertained, the right of the tribes of New Zealand to dispose of -their lands as they pleased was incontestable. As has already been -pointed out, they were by no means in such an uncivilised state as to -be devoid of a form of government adequate in all respects for their -primitive purposes. Especially was their occupancy and ownership of -land highly systematised. It may be true that they had not -"subjudicated the ground to their own uses by the cultivation of it," -as the term cultivation is freely understood by us, but the waste -spaces were just as valuable, just as necessary to them as the garden -patches. Their forests, their open plains, their wild mountain sides -were as much the sources of their food-supply as were their _kumara_ -fields, the streams, or the open sea, and so definitely was this -understood amongst them that every hill and valley was known, named, -and owned under one of their various tenures. There was, in fact, no -side of his tribal life about which the Maori held such clear -conceptions, or was so fixed and determined as the occupancy and -ownership of the soil, for which in olden days, as in _Pakeha_ days, -he was ever ready to fight and, if necessary, to die. - -If then Sir George Gipps desired to convey to his Council the -impression that the New Zealanders were incompetent to deal with their -own lands, he was setting up an entirely false hypothesis, an error -into which he was no doubt led through not being clearly seized of all -that Maori land tenure implied, the full meaning of which was -afterwards to be debated on many a hard-fought field. - -That the right of extinguishing the native title rested solely with -the Crown was a sounder contention, based upon principles deep set in -constitutional law, and supported by the practice of all colonising -nations. It was the endeavour of Mr. Wentworth, and those associated -with him, to depreciate the principle of pre-emption by casting at it -the cheap sneer that it was "American law," and so it was. But it was -British law before it was American law, and has only been heard of in -American courts more frequently than in English tribunals, because -questions incidental to the settlement of the New World have called it -more frequently into prominence there. Broadly put the principle rests -upon the assumption, dating from feudal times, that the King was the -original proprietor of all the land in the kingdom, and the true and -only source of title. Therefore all valid individual titles must be -derived from the Crown. With the development of constitutional -government the personality of the King has disappeared, but still no -nation will suffer either its own subjects or the subjects of another -nation to set up a title superior to its own. It has thus become a -right exclusively belonging to the Government in its sovereign -capacity, to extinguish the native title to a country which it may be -colonising, "to perfect its own domain over the soil, and to dispose -of it at its own good pleasure." - -Once admitting that the natives of New Zealand had a valid title to -the soil of the country, and were competent to deal with that title, -the prerogative of the Crown in exercising the pre-emptive right to -extinguish it under the terms of an equitable treaty was not difficult -to maintain. But the buttress[173] behind the attitude which the -Government adopted towards the New Zealand land purchasers was to be -found in the third declaration of principle enunciated by Sir George -Gipps. Here it was laid down "that neither individuals nor bodies of -men belonging to any nation can form colonies, except with the -consent, and under the direction and control of their own Government." - -The fundamental reason which induces nations to hedge its subjects -about with this restriction, was thus concisely stated by the Select -Committee of the House of Commons in 1844. Although this Committee -roundly condemned the Treaty of Waitangi as "a part of a series of -injudicious proceedings," it was yet as hostile to the New Zealand -Company in seeking to set up a settlement independent of Imperial -authority, thereby imperilling their own position and prejudicing that -of the Crown. - - When large numbers of British subjects have established themselves in - distant regions, inhabited only by barbarous tribes, it is impossible - for Her Majesty's Government to leave them exposed without protection - to the dangers which their own rashness may draw down upon them, or - to allow them to exercise, without control, and perhaps to abuse the - power which their superior civilisation gives them over the rude - natives of the soil. Hence every new establishment of this kind - involves a new demand upon the naval and military resources of the - Empire, but the undue anticipation of such demands must occasion a - very heavy burden upon the nation, and it therefore follows that the - enterprises of colonisation should only be entered upon with the - sanction and under the authority of the Government. - -On this ground and on this ground alone the British Government was -justified in calling a halt in the irregular settlement of New -Zealand, and if a mistake was made it was not in that the Government -now interposed their authority,[174] but in that they had not asserted -their rights at a much earlier period. In support of this portion of -his argument Sir George Gipps quoted the opinions of four of the most -eminent lawyers in England of that day, Mr. William Burgh, Mr. Thomas -Pemberton, Sir William Follett, and Dr. Lushington. He was even -uncharitable enough to use against the New Zealand Company the opinion -of their own legal adviser, Sergeant Wilde, the crushing nature of -these authorities completely breaking down the pretensions of his -opponents. - -"I leave the Honourable Members of this Council," declared Sir George, -"to say whether they will take the law from the authorities which I -have produced or from the learned gentlemen who have been heard at -their table; remembering, moreover, that the former were giving their -opinions against their clients, the latter arguing, as they were bound -to do, in favour of them." - -Sir George also claimed for the British Government the right to -intervene in New Zealand affairs, so far as land titles were -concerned, on the ground of its immediate contiguity to the colony of -New South Wales, in support of which claim he quoted an opinion -expressed by a Committee of the House of Commons in 1837, and in -further appeal he might have advanced the fact that in the previous -fifty years Great Britain had expended no less a sum than £8,000,000 -upon colonisation in the South Pacific, a fact which was surely -substantial enough to create the peculiar rights which are inseparably -associated with those intimate relations which grow out of -neighbourhood. Finally, he thus summarised the powers which were -sought for in his measure and those which it did not seek: - - The Bill, gentlemen, is not a Bill of spoliation as it has been - described; it is not a Bill to destroy titles, but rather to bestow - titles on persons who at present have none, and who cannot get any - but from the Crown. It is not a Bill to take away any man's - _tenementum_, but to give him a _tenementum_, provided he - can show that he has a fair and equitable claim to it, though not - indeed a _tenementum_ to any one in the lands which were - purchased, or pretended to be purchased, after the issue of my - proclamation and in defiance of it, for not one acre of such land - shall any one ever acquire under it. Nor is it, gentlemen, a Bill to - give Her Majesty any power that she does not already possess; for her - power to disallow these titles is vested in her by virtue of her - prerogative, and of that principle of English law which derives all - landed property from the gift of the Crown. Her Majesty's prerogative - in this matter is about to be exercised, not for the love of power, - not for the lust of patronage, but for the good of her subjects, for - which alone it is given to her; and the exercise of it in this case - will be an additional proof that the prerogative is what it was - elegantly described to be in the course of the pleadings in the - Grenada case, of which we have heard so much, the _decus et tutamen - regni_, the grace, the ornament, the safeguard, not _regis_, - of the King, but _regni_, of the realm. I have not heard one - reasonable and disinterested person object to the main purpose of - this Bill. Of all the witnesses examined before the Committee of the - House of Lords in 1838, no one was so wild as to say that all - purchases from the natives of New Zealand were to be acknowledged; no - one pretended, because the Narraganset Indians sold Connecticut, as - we have been told they did, for a certain number of old coats and - pairs of breeches, or because they sold Rhode Island (as I find they - did), for a pair of spectacles, that therefore Her Majesty is bound - to acknowledge as valid purchases of a similar nature in New Zealand. - The witnesses to whom I have alluded all considered the New - Zealanders as minors, or as wards of Chancery, incapable of managing - their own affairs, and therefore entitled to the same protection as - the law of England affords to persons under similar or analogous - circumstances. To set aside a bargain on the ground of fraud, or of - the incapacity of one of the parties to understand the nature of it, - or his legal inability to execute it, is a proceeding certainly not - unknown to the law of England; nor is it in any way contrary to the - spirit of equity. The injustice would be in confirming any such - bargain; there would indeed be no excuse for Her Majesty's advisers, - if, by the exercise of her prerogative, she were to confirm lands to - persons who pretend to have purchased them at the rate of 400 acres - for a penny; for that is, as near as I can calculate it, the price - paid by Mr. Wentworth and his associates for their twenty millions of - acres in the Middle Island. A great deal was said by this gentleman, - in the course of his address to the Council, of corruption and - jobbery, as well as the love which men in office have for patronage. - But, gentlemen, talk of corruption! talk of jobbery! Why, if all the - corruption which has defiled England since the expulsion of the - Stuarts was gathered into one heap, it would not make up such a sum - as this; if all the jobs which have been done since the days of Sir - Robert Walpole were collected into one job, they would not make so - big a job as the one which Mr. Wentworth asks me to lend a hand in - perpetrating; the job, that is to say, of making to him a grant of - twenty millions of acres at the rate of 100 acres for a farthing! The - Land Company of New South Wales has been said to be a job; one - million of acres at eighteen pence per acre has been thought to be a - pretty good job, but it absolutely vanishes into nothing by the side - of Mr. Wentworth's job. In the course of this gentleman's argument, - he quoted largely from Vattel and the Law of Nations to prove the - right of independent people to sell their lands; and he piteously - complained of the grievous injustice which we should do to the New - Zealanders if we were to deny them the same right; and the Council - may recollect that when I reminded him that he was here to maintain - his own rights and not those of the New Zealanders, he replied, not - unaptly, that as his was a derivative right, it was necessary for him - to show that it had previously existed in the persons from whom he - had derived it; it was, in fact, necessary for him to show that the - right existed in the nine savages, who were lately in Sydney, to sell - the Middle Island, in order to show his own right to purchase it from - them at the rate of 400 acres for a penny! Lastly, gentlemen, it has - been said that the principles on which this Bill is founded are - derived from the times of Cortez and Pizarro--times when not only the - rights of civilised nations, but the rights also of humanity, were - disregarded. To this I answer, that whatever changes (and thank - Heaven they are many) which the progress of religion and - enlightenment have produced amongst us, they are all in favour of the - savage, and not against him. It would be indeed the very height of - hypocrisy in Her Majesty's Government to abstain, or pretend to - abstain, for religion's sake, from despoiling these poor savages of - their lands, and yet to allow them to be despoiled by individuals - being subjects of Her Majesty. It is in the spirit of that - enlightenment which characterises the present age, that the British - Government is now about to interfere in the affairs of New Zealand. - That it interferes against its will, and only under the force of - circumstances, is evident from Lord Normanby's despatch; the objects - for which we go to New Zealand are clearly set forth in it, and - amongst the foremost is the noble one of rescuing a most interesting - race of men from that fate which contact with the nations of - Christendom has hitherto invariably and unhappily brought upon the - uncivilised tribes of the earth. One of the gentlemen who appeared - before you did not scruple to avow at this table, and before this - Council, that he can imagine no motive Her Majesty's Ministers can - have in desiring the acquisition of New Zealand but to increase their - own patronage. The same gentleman is very probably also unable to - imagine any other reason for the exercise of Her Majesty's - prerogative than the oppression of her subjects. These, gentlemen, - may be Mr. Wentworth's opinions. I will not insult you by supposing - they are yours. You, I hope, still believe that there is such a thing - as public virtue, and that integrity is not utterly banished from the - bosoms of men in office. To your hands, therefore, I commit this - Bill. You will, I am sure, deal with it according to your - consciences, and with that independence which you ought to exercise, - having due regard for the honour of the Crown and the interests of - the subject; whilst for myself, in respect to this occupation of New - Zealand by Her Majesty, I may, I trust, be permitted to exclaim, as - did the standard-bearer of the Tenth Legion when Caesar first took - possession of Great Britain, _Et ego certe officium meum Reipublicae - atque Imperatori praestitero_, fearlessly alike of what people may - say or think of me, I will perform my duty to the Queen and to the - public. - -This forceful presentation of the case for the Crown left the Council -but one course open to it, and on the following August 4 the Bill had -passed through all its stages and became a colonial statute. Under -its provisions Commissioners in the persons of Messrs. Francis Fisher, -William Lee Godfrey, and Matthew Richmond were appointed and commenced -their investigation of land claims at the Bay of Islands. The -separation of New Zealand from the colony of New South Wales in April -1841, however, put an end to the functions of the Commissioners under -the measure, and it became necessary to revive their powers under a -New Zealand statute. In his instructions covering the granting of a -new Charter to New Zealand as an independent colony, Lord John -Russell, the new Chief Secretary, had sustained the attitude adopted -by his predecessor, Lord Normanby, on the land question. Accordingly, -on June 9, 1841, under advice from Lord John, an ordinance was passed -by the Legislative Council assembled at Auckland, repealing the -previous Act of New South Wales and furnishing Captain Hobson, the now -Governor of New Zealand, with the requisite power to appoint their -successors. Intelligence had also been received in the meantime that -Mr. Spain, an English lawyer, had been appointed Chief Commissioner of -land claims; and under the New Zealand statute only two of the -original Commissioners were reappointed, Mr. Fisher having accepted -the office of Attorney-General to the colony. - -With the deliberations and adjustments of this Commission we are not -particularly concerned. What is of importance is that its proceedings -led to a voluminous, and at times acrimonious correspondence between -the New Zealand Company and Lord Stanley, who, in 1841, succeeded Lord -John Russell as Secretary of State for the Colonies in Sir Robert -Peel's cabinet. During the course of this correspondence the Company -boldly maintained that, under an arrangement made with his -predecessor,[175] they were so situated as to be beyond the pale of -the Commission's enquiries which they said would shake every title in -their settlements. They declared that the circumstances in which they -had acquired the land they were now claiming were such as could not be -affected by the Treaty of Waitangi, they even repudiated the validity -of the treaty itself. On January 24, 1843, Mr. Joseph Somes, as -Governor of the Company, despatched that celebrated letter to Lord -Stanley in which occurred this significant passage: "We have always -had very serious doubts whether the Treaty of Waitangi, made with -naked savages by a Consul invested with no plenipotentiary powers, -without ratification by the Crown, could be treated by lawyers as -anything but a praiseworthy device for amusing and pacifying savages -for the moment." - -On the 15th of the following month a further letter was received from -Mr. Somes, in which he specifically denied the application of the -treaty to the particular possessions of the Company; and in order to -give a verisimilitude of truth to his argument deliberately made light -of the historical facts connected with the signing of the treaty: - - "We have not," he wrote, "thought proper, hitherto, to advert to the - Treaty of Waitangi except incidentally. But as we observe that it has - occasionally been dwelt upon by your Lordship as being of some - importance to the view taken by you in opposition to our claims, it - is well that we should not quit the subject without remarking that - your Lordship appears always to speak of that treaty as bearing on - the entire claim of the Company. Now, your Lordship ought to be - apprised of the fact that the Treaty of Waitangi itself applies to no - part of the vast extent of country over which we claim the right of - selection. The chiefs who signed the treaty neither could, nor did, - pretend to cede anything but the northern corner of the Northern - Island. Subsequently, it is true, Captain Hobson procured the - accession to the treaty of chiefs further south. But the alleged - accession of the chiefs within the limits of the Company's - possessions in the Northern Island rests merely on evidence far too - slight and loose to be taken as establishing a fact of such grave - public character; at any rate, half at least of the 20,000,000 - affected by our claim lie in the Middle (South) Island; and the - Middle and Stewart's Islands, it is obvious, cannot be affected by - the Treaty of Waitangi, inasmuch as Her Majesty's title to them was - 'asserted' on the grounds of discovery without pretence to any treaty - or cession." - -This attempt to mislead the Minister by a flagrant disregard for the -proceedings of Major Bunbury and all that those proceedings implied, -was unfortunately but too characteristic of the methods pursued by the -Company at this time, whose officers had now developed a dexterity in -conjuring with facts against the subtlety of which the Minister could -not too jealously guard the public interests. - -To the equivocal attitude adopted by the Company Lord Stanley replied -through his Under-Secretary, Mr. Hope, in one of the noblest passages -ever penned by a British Minister,--a passage in which he sternly -refused to sacrifice official integrity to mere commercialism or -national honour to ambitious personal ends: - - "Lord Stanley," wrote Mr. Hope, "is not prepared, as Her Majesty's - Secretary of State, to join with the New Zealand Company in setting - aside the Treaty of Waitangi, after obtaining the advantages - guaranteed by it, even though it might be made with 'naked savages,' - or though it might be treated by lawyers as 'a praiseworthy device - for amusing and pacifying savages for the moment.' Lord Stanley - entertains a different view of the respect due to the obligations - contracted by the Crown of England, and his final answer to the - demands of the New Zealand Company must be that, so long as he has - the honour of serving the Crown, he will not admit that any person, - or any Government acting in the name of Her Majesty, can contract a - legal, moral, or honorary obligation to despoil others of their - lawful and equitable rights." - -Foiled in their efforts to induce the Colonial Minister to award them -the full measure of their enormous claim without question or enquiry, -the Company then preferred a claim for compensation against the State -on the grounds that the policy of the Colonial Office and the -proceedings of the Government in New Zealand had brought them to the -verge of financial ruin. Still powerful in the House of Commons they -were able to exert considerable influence there, and in April 1844 a -Select Committee was set up, with Lord Howick, now one of the -Company's warmest friends, as Chairman, and an order of reference -which authorised them "to enquire into the State of the Colony of New -Zealand, and into the proceedings of the New Zealand Company." - -The Committee sat until July, taking voluminous evidence from many -persons who had some previous knowledge of the country, and when they -met to formulate their report it was found that they were sharply -divided on material points. A section of the Committee, led by Messrs. -Cardwell and Hope, Lord Stanley's Under-Secretary, endeavoured to so -frame the report as to make amongst others the following acknowledgments: - - That from the time of the discovery by Captain Cook to the beginning - of the year 1840, the independence of New Zealand had never been - questioned by this country, and in 1832 was recognised by the British - Government in a very peculiar and formal manner. - - That the urgent applications made by private individuals from time to - time to the Colonial Office for the adoption of these islands as a - British colony, were reluctantly acceded to by the British Government - in 1839, with a view to preventing the evils arising and apprehended - from irregular and unauthorised settlement. - - That this adoption was effected in the early part of 1840 by an - agreement called the Treaty of Waitangi, made by Captain Hobson with - upwards of 500 chiefs and other natives, claiming and admitted on the - part of this country, to represent the whole population, so far as - regarded the Northern Island; while the other islands, which - contained no population capable of entering into anything resembling - a civil contract, were assumed to the British Crown by the right and - title of discovery.[176] - - That this treaty was made by Captain Hobson in pursuance of - instructions previously received from Home, and that his proceedings - obtained the subsequent approbation of the Government. - - That the natives ceded to the Queen the sovereignty of the Northern - Island, and the Crown secured, in return, 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 and individually possess, so long as it is their wish - and desire to retain the same in their possession. - - That this treaty is binding, in conscience and policy, on the British - Government and is highly valued by the native tribes. - - That although the laws and usages of the natives with regard to the - possession of and title to land are very obscure and complicated, yet - evidence has been adduced to the Committee showing that these laws - and usages are in some sense recognised by the natives, as well among - themselves as in reference to European purchasers, and many instances - have been proved in which they have voluntarily and fully recognised - European titles. - - That while it appears highly probable that much of the soil of New - Zealand will ultimately rest in the British Crown, as land to which - no proprietary title of any kind can be established by an individual, - or by any tribe, yet it is impossible, by any fair construction of - the treaty, to limit the native claims either to the _pas_ or to - the grounds in actual cultivation by the natives at any particular - time. - - That any attempt to carry out in practice any such construction must - alienate the natives from every feeling either of confidence or - affection towards the British Government, and would probably lead to - conflicts of a sanguinary character, or even to an exterminating - warfare between the races, for which the British power in these - Islands is at present wholly inadequate and unprepared. - - That it is not expedient to increase the military force in the - colony, at great expense, for a purpose unjust in itself, and tending - to retard the peaceful settlement of the colony and the civilisation - of the native race. - -[Illustration: CAPTAIN HOBSON'S SIGNATURES TO THE TREATY. - -These signatures to the various copies of the Treaty used indicate in -a pathetic way the progress of Captain Hobson's illness. The final -copy he was not able to sign, and it was signed by Lieut. Shortland on -his behalf.] - -These recommendations of Mr. Cardwell, which also largely reflected -the opinions of the Government, were energetically opposed by Lord -Howick and his friends, who put forward a counter series of -suggestions, which just as strongly reflected the views and -aspirations of the New Zealand Company, particularly upon the crucial -point that no acknowledgment should be made of any proprietary rights -on the part of the natives in the unoccupied lands of New Zealand. -They affirmed amongst other things: - - 1. That the conclusion of the Treaty of Waitangi by Captain Hobson - with certain natives of New Zealand, was a part of a series of - injudicious proceedings which had commenced several years previous to - his assumption of the local Government. - - 2. That the acknowledgment by the local authorities of a right of - property on the part of the natives of New Zealand in all wild lands - in those Islands, after the sovereignty had been assumed by Her - Majesty, was not essential to the true construction of the "Treaty of - Waitangi," and was an error which has been productive of very - injurious consequences. - - 3. That means ought forthwith to be adopted for establishing the - exclusive title of the Crown to all land not actually occupied and - enjoyed by natives or held under grants from the Crown, such lands to - be considered as vested in the Crown for the purpose of being - employed in the manner most conducive to the welfare of the - inhabitants, whether natives or Europeans. - -When the Committee was asked to determine which of these two rival -reports it would adopt, it was found that opinion was evenly divided, -but on a division being taken Lord Howick succeeded in defeating his -opponents by the narrow majority of one vote, the voting being as -follows upon the question proposed by Mr. Roebuck: "That the Committee -now proceed to the consideration of the resolutions proposed by the -chairman as the basis of the report." - - Ayes--7. - - Mr. Milnes. - Mr. Roebuck. - Mr. Hawes. - Mr. Aglionby. - Mr. Charteris. - Lord Francis Egerton. - Lord Ebrington. - - Noes--6. - - Mr. Hope. - Mr. R. Clive. - Mr. Cardwell. - Lord Jocelyn. - Sir Robert Inglis. - Mr. Wilson Patten. - -In vain did Mr. Hope endeavour by moving amendments to induce the -Committee to adopt a view of the Treaty of Waitangi more favourable to -the natives, but through the divisions of several days the Company -held its majority, and on July 23 the Committee agreed to the draft -report proposed by Lord Howick, and which was based on the resolutions -previously approved. When this report was laid before the House of -Commons it was found that the Committee had traversed the policy -adhered to by the Melbourne and the Peel Governments in its -interpretation of the Treaty of Waitangi, and that they had taken the -responsibility of declaring that: - - The evidence laid before your Committee has led them to the conclusion - that the step thus taken (the promotion of the Treaty of Waitangi), - though a natural consequence of previous errors of policy, was a - wrong one. It would have been much better if no formal treaty - whatever had been made, since it is clear that the natives were - incapable of comprehending the real force and meaning of such a - transaction, and it therefore amounted to little more than a legal - fiction, though it has already in practice proved to be a very - inconvenient one, and is likely to be still more so hereafter. The - sovereignty over the Northern Island might have been at once assumed - without this mere nominal treaty, on the ground of prior discovery, - and on that of the absolute necessity of establishing the authority - of the British Crown for the protection of the natives themselves, - when so large a number of British subjects had irregularly settled - themselves in these Islands, as to make it indispensable to provide - some means of maintaining good order amongst them. This was the - course actually pursued with respect to the Middle and Southern - Islands, to which the Treaty of Waitangi does not even nominally - extend, and there is every reason to presume that, owing to the - strong desire the natives are admitted to have entertained for the - security to be derived from the protection of the British Government - and for the advantages of a safe and well-regulated intercourse with - a civilised people, there would have been no greater difficulty in - obtaining their acquiescence in the assumption of sovereignty than in - gaining their consent to the conclusion of the treaty, while the - treaty has been attended with the double disadvantage: first, that - its terms are ambiguous, and in the sense in which they have been - understood highly inconvenient; and next, that it has created a doubt - which could not otherwise have existed, which, though not in the - opinion of your Committee well founded, has been felt and has - practically been attended with very injurious results, whether those - tribes which were not parties to it are even now subject to the - authority of the Crown. - - Your Committee have observed that the terms of the treaty are - ambiguous, and in the sense in which they have been understood, have - been highly inconvenient; in this we refer principally to the - stipulations it contains with respect to the right of property in - land. The information that has been laid before us shows that these - stipulations, and the subsequent proceedings of the Governor, - founded upon them, have firmly established in the minds of the - natives notions which they had but then very recently been taught to - entertain, of their having a proprietary title of great value to land - not actually occupied, and there is every reason to believe that, if - a decided course had at that time been adopted, it would not have - then been difficult to have made the natives understand that, while - they were to be secured in the undisturbed enjoyment of the land they - actually occupied, and of whatever further quantity they might really - want for their own use, all the unoccupied territory of the Islands - was to vest in the Crown by virtue of the sovereignty that had been - assumed. - -The findings of the Committee were thus so radically opposed to the -established views of Lord Stanley upon the construction to be placed -upon the treaty, that the Minister refused to countenance them in any -way, or to ask the House of Commons to become a party to a policy -which, had it been enforced, would inevitably have led Britain into -one of her little wars, as inglorious as it would have been unjust.[177] - -In transmitting a copy of the Committee's report to Governor Fitzroy, -the Chief Secretary stressed in his Despatch of August 13 (1844) the -narrow margin of votes by which the report had been adopted, and -emphasised the high moral principle that it was still the duty of both -the Governor and himself to administer the affairs of the colony "with -a due regard to a state of things which we find, but did not create, -and to the expectations founded, not upon what might have been a right -theory of colonisation, but upon declarations and concessions made in -the name of the Sovereign of England." The power of Parliament was, -therefore, not invoked to aid the Company in evading its just -obligations to the natives. Their land claims were still to be the -subject of searching enquiry by the Chief Commissioner, Mr. Spain, and -for the moment the Treaty of Waitangi was vindicated by the -steadfastness of the Colonial Minister. But the battle was not -over, the scene of the conflict only was changed. On June 17, 1845, -Mr. Charles Buller, then representing Liskeard, and whose long -association with Lord Durham and Mr. Gibbon Wakefield had more than -once brought him into prominence in New Zealand affairs, sought to -induce the Commons again to discuss both the policy and administration -of the colony on the floor of the House. Then ensued the historic -debate, during which New Zealand achieved the distinction of claiming -the exclusive attention of Parliament for three consecutive nights. - -It would be superfluous to recapitulate here the speeches delivered -during this memorable discussion, embodied as they are in the records -of the nation; it is, however, worthy of passing remark that for the -sake of some party advantage several prominent members, notably Lord -John Russell, chose to reverse all their previous professions on the -subject of the Treaty of Waitangi, and threw the weight of their -influence into the scale against the just recognition of the rights of -the New Zealand natives. Well might Rusden exclaim: "On what plea -could the Whigs abandon the construction put upon the treaty by their -own leaders who made it?" - -A division being taken, Mr. Buller's motion was defeated, and on -receipt of this intelligence Governor Fitzroy[178] wrote with -perfectly natural elation to Henry Williams: "Let me congratulate you -on the result of the three nights' sharp debate in the House of -Commons on New Zealand. The Company were beaten by fifty-one votes, -the integrity of the Treaty of Waitangi being thus secured against all -their infamous endeavours, for _that_ was the point at issue." - -While the events thus far narrated in this chapter had been evolving -from the lap of time, Governor Hobson had died,[179] and had been -buried at Auckland. Lieutenant Shortland's brief term of -administration had been darkened by the Wairau Massacre, the first -fruit of the contempt shown by the Wakefields for the landed rights of -the natives. His successor, Governor Fitzroy, had long since been -driven to distraction by the machinations of the Company and the -failure of the Home authorities to give him needful support in either -men or money. The crowning disaster of his administration was the -attack upon the town of Kororareka at daylight on March 11, 1845, by -Heke and Kawiti. The House of Commons had been ignorant of this -happening when it had debated Mr. Buller's motion in the previous -June, but when the ominous tidings reached England in July, that wary -gentleman sprang once more alertly to the attack by moving: "That this -House regards with regret and apprehension the state of affairs in New -Zealand; and that those feelings are greatly aggravated by the want of -any sufficient evidence of a change in the policy which has led to -such disastrous results." - -This debate was not less acrimonious than its predecessor, for not -only was Lord Stanley attacked, but Mr. Stephen, the permanent head of -the Colonial Department, was assailed with equal virulence. Stanley -had ere this removed to the House of Lords, and Stephen was precluded -by virtue of his position from defending himself. But for these two -men, as well as for the honour of the nation, Sir Robert Peel stood in -stalwart defence. He told the House that he was not enamoured of the -policy which had resulted in the consummation of the Treaty of -Waitangi. For his part he candidly admitted that in his opinion it was -a mistake, but since the treaty was an indisputable political fact, -its obligations must not be violated. Lord Melbourne's Government, he -said, had with a full sense of their responsibility, entered into the -compact and England was unquestionably bound by it.[180] - -In vindication of Lord Stanley he declared that the real purpose -behind Mr. Buller's motion was an insidious desire to unjustly censure -his Minister for avowing his determination to carry honourably into -effect the treaty made by his predecessor. Then reverting to the land -question he continued: "After all the volumes of controversy which -have appeared, the question really resolves itself into this: Shall -the Government undertake to guarantee in this country, within certain -limits in New Zealand, a certain amount of land without reference to -the rights to that land vesting in the natives? This I tell you -distinctly we will not do, and if the House entertains a different -opinion, it is but right that it should give expression to it. We will -not undertake, in the absence of surveys and local information as to -the claims of the natives, to assign to you a million, or any other -number of acres, and dispossess the natives by the sword." - -In concluding he again entered upon a vigorous defence of his Colonial -Minister, declaring his continued confidence in Lord Stanley in the -following resolute words: "I will not do that which the New Zealand -Company seem to think I might do--undertake to supersede a Minister -who I believe has discharged his official duties with almost -unexampled ability, and with a sincere desire to promote the interests -of every colony over which he now presides." - -Influenced by the Premier's strenuous advocacy, the House again -rejected Mr. Buller's motion on July 23, but the friends of the -Company derived some comfort from the knowledge that a despatch had -been sent recalling Governor Fitzroy, who, in his anxiety to restore -the bankrupt finances of the country, had disregarded the Royal -instructions, and instituted a local currency as well as having taken -the more serious responsibility of varying the inflexible policy of -the Government by waiving the pre-emptive right of the Crown[181] to -purchase land from the natives, in the hope of removing the growing -discontent and of enhancing the revenue from increasing sales. - -Defeated in Parliament, the Company's next proceeding was almost -humorous in its hysteria. They procured an opinion from Mr. William -Burge, in which that gentleman averred, on his reputation as a lawyer, -that the British occupation of New Zealand was from the beginning -unlawful, and based upon no sound constitutional foundation. This -remarkable document they transmitted to Lord Stanley on July 7, in the -hope that he would be so awed by it as to cause him to considerably -modify the instructions which they were convinced he would, in his -normal frame of mind, most certainly tender to Captain Grey, whom he -had selected to succeed Governor Fitzroy. Lord Stanley was made of -different stuff. He suffered no particular trepidation from Mr. -Burge's startling discovery, but merely sent his opinion on to Fitzroy -Kelly, Attorney-General, Sir Frederick Thesiger, Solicitor-General, -and to Sir Thomas Wilde, who had been the Attorney-General in Lord -Melbourne's Cabinet when Captain Hobson was sent out to negotiate the -Treaty of Waitangi. These gentlemen averred with equal confidence that -neither the reasons advanced by Mr. Burge, nor any other considerations -which had occurred to them, furnished them with any well-founded doubt -upon the question of Britain's sovereignty in New Zealand. - -Reinforced by the opinion of this eminent trio, Lord Stanley sent a -copy to the new Governor, telling him to be guided by it in his -conduct, at the same time instructing him that if the Company -attempted to make capital in the colony out of Mr. Burge's -pronouncement, he was to counter the move by giving equal publicity to -the joint opinion of the three legal advisers of the Crown. - -When Captain Grey reached New Zealand on November 14, he found the -country seething with discontent. The European population now numbered -approximately 12,000, scattered over widely separated settlements, the -natives probably numbered not less than 110,000, many of whom were in -open revolt under Heke and Kawiti; many more were holding their -allegiance in the balance. - -The mischievous resolutions passed by the Select Committee of the -House of Commons in the previous year had ere this percolated to the -colony, and fired the doubts of the natives as to the sincerity of the -Crown. Governor Fitzroy had used his best endeavours to reassure them, -and in offering terms of peace to Heke he made it the first stipulation -that the covenants of the Treaty of Waitangi should be binding upon -both parties. To these advances Heke had sullenly refused to reply. -With the rebels unyielding, obviously Grey's first duty was to -ascertain where he stood with the friendlies and the neutrals. For -this purpose he summoned a meeting at the Bay of Islands, and amidst -the ruins of the wrecked town of Kororareka he delivered to the -assembled chiefs one of his characteristic addresses, in which, after -warning the people against treacherously assisting the rebels, he said: - - In the meantime, I assure the whole of the chiefs that it is the - intention of the Government, most punctually and scrupulously to - fulfil the terms and provisions of the treaty which was signed at - Waitangi on the arrival of Governor Hobson. I have heard that some - persons, evil disposed both towards the Queen of England and the - Chiefs of this country, have told you that by your signing that paper - you lost your lands. This I deny. By that treaty the protection of - the Queen and your possessions are made sure to you. Your lands shall - certainly not be taken from you without your consent. You can sell - your lands to the Crown, or not sell them, just as you think proper, - but, remember, that when once you do sell them, they must be promptly - and justly given up. - -The professions of the Government's good-will to the natives were -renewed, they were told of the Queen's solicitation for their material, -moral, and religious welfare, and once more assurances were given that -equal justice would be meted out to both Maori and European, to which -Tamati Waaka Nene replied: "It is just." - -As the result of this conference Grey felt that he could rely upon the -loyalty of the friendly natives, and that this adhesion to the Crown -grew out of the fact that they were, as the Governor expressed it in -his Despatch, "Unanimous in desiring protection and support from the -Government; that they were quite aware of the advantages conferred -upon them by the annexation of New Zealand to the British Empire, and -that the large mass of the inhabitants sincerely desired to see peace -and tranquillity restored, so that the Government might be invested -with that weight and authority which is essentially necessary to -enable it properly to perform its functions."[182] - -With the position of parties both in England and in the colony thus -firmly determined, it appeared that the Treaty of Waitangi would now -be accepted as the basis of a settlement of the colony's affairs; but -these sanguine expectations were speedily doomed to disappointment. By -one of those inexplicable revolutions which not infrequently occur in -the wheel of political fortune, Sir Robert Peel's Ministry was ousted -from office in the latter part of June. Lord John Russell came back to -power, and Lord Howick, who in the meantime had succeeded his father -as Earl Grey, became Chief Secretary for the Colonies in the new -administration. - -As Lord John Russell had so recently modified his views upon the -subject of the Treaty of Waitangi as to admit of his saying that Maori -rights in land narrowed down to territory "in actual occupation by -them," the way had been cleared by which his Secretary for the -Colonies might put into operation his pet theories for the -nullification of the Treaty of Waitangi.[183] This opportunity came to -him when it fell to his lot to prepare a new Constitution for the -youngest of Britain's possessions. - -New Zealand had now been a colony independent of New South Wales for -the better part of five years, during which time, under the advantages -of a more or less settled government, she had made phenomenal -progress. So rapid had been her development, so steadily had her -population increased, that in the opinion of many of her most -influential Colonists the time had arrived when they should be -invested with all the privileges of responsible government. With this -democratic movement the Governor was in entire sympathy and aided the -aspirations of the people by the weight of his influence. The implicit -confidence which the Home authorities at this period placed in Grey's -discretion doubtless led them to more readily acquiesce in the -liberalisation of the Charter granted in 1840, and in conveying to the -Governor the determination of Parliament, the Colonial Secretary -explained that the necessity of a fundamental change from the position -created when Captain Hobson was appointed had been insisted on by all -parties to the discussion, there being an almost equally unanimous -concurrence among them that the change should be in the direction of -calling the settlers to participate much more largely in the business -of legislation and local self-government. He accordingly enclosed on -December 23 (1846) the Imperial Act, and the Royal Instructions which -were to give effect to this determination. - -The functions of a governor in a Crown Colony are many and various, -and Grey's receipt of this Despatch was perhaps as picturesque as any -event in his romantic life. There was insurrection at Whanganui--a -reflex of Heke's rebellion in the north--whither Grey had gone to aid -in its quelling, and he was watching from a hill-side a skirmish -between the troops and the insurgents when the Chief Secretary's -communication was handed to him. He sat down upon the grassy bank, and -with the crack of rifles and the hiss of bullets ringing in his ears -he calmly read the fateful document. What the Governor's feelings were -when he perused the Charter we need not stay to enquire. Fortunately -he had been given a discretionary power as to when it should take -effect, and he did not wait long before he determined that its -indefinite suspension was inevitable. Grey's brief experience in New -Zealand, as well as his innate love of justice, had taught him to -regard the Treaty of Waitangi as the sheet-anchor of the colony's -settlement, upon the faithful observance of which it was alone -possible to maintain peace with the Maori. - -In two vital particulars the new Charter fatally traversed the treaty, -and one can only marvel, in the face of the obvious meaning which -attaches to the plain words of the compact, how any British Minister -could satisfy himself with the sophistry indulged in by the Colonial -Secretary. A cardinal omission was detected by the Governor in the -fact that no provision was made for the representation of the Maori -race in the contemplated Parliament, to which, as British subjects, -they were entitled; but worse than all, Earl Grey had again -promulgated his strangely perverted opinions upon the subject of -native ownership of lands. The Charter was covered by a lengthy -Despatch in which the Chief Secretary elaborated his views, and in -order that those views may not suffer by condensation they are here -quoted at length. After adverting to the manner in which the various -heads of his instructions had been classified, he proceeds: - - Believing that the instructions, as thus prepared,[184] will be found - to convey their meaning perspicuously and completely, I abstain from - any attempt to recapitulate or explain their provisions. I turn to - other topics on which it seems indispensable that on the present - occasion I should convey to you explanations, for which, of course, - no appropriate place could be found in the legal instruments already - mentioned. I advert especially to what relates to the aborigines of - New Zealand and the settlement of the public lands in those Islands. - I cannot approach this topic without remarking that the protracted - correspondence to which it has given rise, the public debates and - resolutions which have sprung from it, and the enactments and - measures of your predecessors in the Government, have all contributed - to throw into almost inextricable confusion the respective rights and - claims of various classes of individuals amongst the inhabitants of - New Zealand, to render very embarrassing the enquiry in which you - must doubtless be engaged respecting the line of conduct which Her - Majesty's Government expect you to pursue, and at the same time to - make it almost impossible for us to determine with any confidence - what that conduct ought to be, and how far, in a state of affairs so - complicated, it is possible now to act upon the principles to which, - in the absence of these difficulties, I should have prescribed your - adherence. I will not attempt any retrospect of those documents and - proceedings; I should be but adding to the perplexity which I - acknowledge and regret. It will be my attempt rather to explain, as - briefly as the nature of the subject admits, what is the policy - which, if we were unembarrassed by past transactions, it would be - right to follow, and which (so far as any freedom of choice remains - to us) ought still to be adopted, regarding the right of property in - land which should be acknowledged or created, more especially as - affecting the aborigines of New Zealand. - - I enter upon this topic by observing that the accompanying statute, - 9th & 10th Vict., ch. 104, sec. 11, repeals the Australian Land Sales - Act, as far as relates to the lands situate in New Zealand. Thus - there is a complete absence of statutory regulation on the subject. - The Queen, as entitled in right of her Crown to any waste lands in - the colony, is free to make whatever rules Her Majesty may see fit on - the subject. The accompanying Charter accordingly authorises the - Governor to alienate such lands. The accompanying instructions direct - how that power is to be used. I proceed to explain the motives by - which those instructions have been dictated. - - The opinion assumed, rather than advocated, by a large class of - writers on this and kindred subjects is, that the aboriginal - inhabitants of any country are the proprietors of every part of its - soil of which they have been accustomed to make any use, or to which - they have been accustomed to assert any title. This claim is - represented as sacred, however ignorant such natives may be of the - arts or of the habits of civilised life, however small the number of - their tribes, however unsettled their abodes, and however imperfect - or occasional the uses they make of the land. Whether they are - nomadic tribes depasturing cattle, or hunters living by the chase, or - fishermen frequenting the sea-coasts or the banks of rivers, the - proprietary title in question is alike ascribed to them all. - - From this doctrine, whether it be maintained on the grounds of - religion or morality, or of expediency, I entirely dissent. What I - hold to be the true principle with regard to property in land is that - which I find laid down in the following passage from the works of Dr. - Arnold, which I think may safely be accepted as of authority on this - subject, not only on account of his high character, but also because - it was written, not with reference to passing events, or to any - controversy which was at that time going on, but as stating a - principle which he conceived to be of general application: - - "Men were to subdue the earth: that is, to make it by their labour - what it would not have been by itself; and with the - labour so bestowed upon it came the right of property in it. Thus - every land which is inhabited at all belongs to somebody; that is, - there is either some one person, or family, or tribe, or nation who - have a greater right to it than any one else has; it does not and - cannot belong to anybody. But so much does the right of property go - along with labour that civilised nations have never scrupled to take - possession of countries inhabited by tribes of savages--countries - which have been hunted over, but never subdued or cultivated. It is - true, they have often gone further, and settled themselves in - countries which were cultivated, and then it becomes a robbery; but - when our fathers went to America, and took possession of the mere - hunting grounds of the Indians--of lands on which man had hitherto - bestowed no labour--they only exercised a right which God has - inseparably united with industry and knowledge." - - The justness of this reasoning must, I think, be generally admitted, - and if so, it can hardly be denied that it is applicable to the case - of New Zealand, and is fatal to the right which has been claimed for - the aboriginal inhabitants of those islands to the exclusive - possession of the vast extent of fertile but unoccupied lands which - they contain. It is true the New Zealanders, when European settlement - commenced amongst them, were not a people of hunters: they lived, in - a great measure at least, upon the produce of the soil (chiefly - perhaps its spontaneous produce) and practised to a certain extent a - rude sort of agriculture. But the extent of land so occupied by them - was absolutely insignificant when compared with that of the country - they inhabited; the most trustworthy accounts agree in representing - the cultivated grounds as forming far less than one-hundredth part of - the available land, and in stating that millions of acres were to be - found where the naturally fertile soil was covered by primeval - forests or wastes of fern, in the midst of which a few patches - planted with potatoes were the only signs of human habitation or - industry. The islands of New Zealand are not much less extensive than - the British Isles, and capable probably of supporting as large a - population, while that which they actually supported has been - variously estimated, but never, I believe, as high as 200,000 souls. - To contend that under such circumstances civilised men had no right - to step in and take possession of the vacant territory, but were - bound to respect the proprietary title of the savage tribes who dwell - in but were utterly unable to occupy the land, is to mistake the - grounds upon which the right of property in land is founded. To that - portion of the soil, whatever it might be, which they really - occupied, the aboriginal inhabitants, barbarous as they were, had a - clear and undoubted claim; to have attempted to deprive them of their - patches of potato-ground, even so to have occupied the territory as - not to leave them ample space for shifting, as was their habit, their - cultivation from one spot to another, would have been in the highest - degree unjust; but so long as this injustice was avoided, I must - regard it as a vain and unfounded scruple which would have - acknowledged their rights of property in land which they did not - occupy; it is obvious that they could not convey to others what they - did not themselves possess, and that claims to vast tracts of waste - land, founded on pretended sales from them, are altogether untenable. - From the moment that British dominion was proclaimed in New Zealand, - all lands not actually occupied in the sense in which alone - occupation can give the right of possession, ought to have been - considered as the property of the Crown in its capacity of trustee - for the whole community, and it should thenceforward have been - regarded as the right, and at the same time the duty of those duly - authorised by the Crown, to determine in what manner and according to - what rules the land hitherto waste should be assigned and - appropriated to particular individuals. There is another - consideration which leads to the same conclusion. It has never been - pretended that the wide extent of unoccupied land, to which an - exclusive right of property has been asserted on behalf of the native - inhabitants of New Zealand, belonged to them as individuals, it was - only as tribes that they were supposed to possess it, and granting - their title as such to have been good and valid, it was obviously a - right which the tribes enjoyed as independent communities--an - attribute of sovereignty, which, with the sovereignty, naturally and - necessarily was transferred to the British Crown. Had the New - Zealanders been a civilised people this would have been the case--if - these islands, being inhabited by a civilised people, had been added - either by conquest or by voluntary cession to the dominions of the - Queen, it is clear, that according to the well-known principles of - public law, while the property of individuals would have been - respected, all public property, all rights of every description which - have appertained to the previous sovereigns, would have devolved, as - a matter of course, to the new sovereign who succeeded them. It can - hardly be contended that these tribes, as such, possessed rights - which civilised communities could not have claimed. - - Such are the principles upon which, if the colonisation of New - Zealand were only now about to begin, it would be my duty to instruct - you to act; and though I am well aware that in point of fact you are - not in a position to do so, and that from past transactions a state - of things has arisen in which a strict application of these - principles is impracticable, I have thought it right that they should - be thus explicitly stated in this Despatch (as they are in the Royal - instructions to which it refers), in order that you may clearly - understand that, although you may in many respects be compelled to - depart from them, still you are to look to them as the foundation of - the policy which, so far as it is in your power, you are to pursue. - - The imperfect information which alone at this distance I can hope to - obtain as to the actual state of affairs in New Zealand, renders it - impossible for me to venture to prescribe to you how far you are to - go in attempting practically to act upon the principles I have laid - down. I should infer from your own Despatches, as well as from those - of your predecessors, that the right of the Crown could not now be - asserted to large tracts of waste land which particular tribes have - been taught to regard as their own. It appears that you have found it - expedient to admit these pretentions to a considerable extent; and - having done so, no apparent advantage could be suffered to weigh - against the evil of acting in a manner either really or even - apparently inconsistent with good faith. While, however, you - scrupulously fulfil whatever engagements you have contracted, and - maintain those rights on the part of the native tribes to land which - you have already recognised, you will avoid as much as possible any - further surrender of the property of the Crown. I trust also that the - evil which would otherwise arise from the concessions already made, - may to a great degree be neutralised by your strictly maintaining the - exclusive right of the Crown to purchase land from the native tribes - to which it has been assumed that it belongs. This right, resting as - it does not only upon what has been called the "Treaty of Waitangi," - but also upon the general and long-recognised principles of national - law, is one so important that it ought almost at all hazards to be - strictly enforced. To suffer it to be set aside would be to acquiesce - in the ruin of the colony, since it would be fatal to the progressive - and systematic settlement of the country. It is by the sale of land - at more than a nominal price that its appropriation to individuals in - allotments in proportion to their power of making use of it can alone - be secured. It is the mode by which, with least inconvenience and - difficulty, funds can be raised for emigration and for executing - those public works which are necessary for the profitable occupation - of the soil; in short, it is the very foundation on which systematic - colonisation must be based. But if the native tribes are permitted to - sell large tracts of land to individuals for a mere nominal - consideration, it is obvious that so much land will be thrown upon - the market as entirely to defeat the attempt to sell such lands as - the Crown may still retain, at a price sufficient to answer the - objects of the policy I have described. - - The first and most important step which you will have to take with - the view of introducing a regular system with respect to the disposal - of land, will be to ascertain distinctly the ownership of all the - land in the colony. The extent and limits of all which is to be - considered as the property either of individuals, of bodies politic - or corporate, or of the native tribes, must in the first instance be - determined, and the whole of the remainder of the territory will then - be declared to be the Royal demesne. The results of this enquiry - must be carefully registered, and a regular record henceforth - preserved, showing to whom all lands in New Zealand belong. This - measure has been repeatedly and earnestly inculcated on your - predecessors, and I cannot too strongly repeat the same injunction. - -Chapter XIII. of the Royal Instructions was devoted to placing into -legal phraseology the Minister's policy for "the Settlement of the -waste lands of the Crown" and Clause 9 of that Chapter more -particularly dealt with the method by which the native titles were to -be ascertained and recognised. - - (9) No claim shall be admitted in the said land Courts on behalf of - the Aboriginal inhabitants of New Zealand to any lands situate within - the said islands, unless it shall be established, to the satisfaction - of such Court, that either by some Act of the Executive Government of - New Zealand as hitherto constituted, or by the adjudication of some - Court of competent jurisdiction within New Zealand, the right of such - aboriginal inhabitants to such lands has been acknowledged and - ascertained, or those from whom they derived the title, have actually - had the occupation of the lands so claimed, and have been accustomed - to use and enjoy the same, either as places of abode or tillage, or - for the growth of crops, or for the depasturing of cattle, or - otherwise for the convenience and sustentation of life, by means of - labour expended thereon. - -The newspapers in England which supported the New Zealand Company -published with undisguised exultation Earl Grey's Despatch, and hailed -him as a Daniel come to judgment.[185] The Maoris regarded the matter -in quite a different light. Here they were being asked to submit for -ratification, by an extraneous authority, their lands which they and -their forefathers had fought for, and which they had ever guarded with -a jealous care that only death itself could terminate; lands which -they had been told by Captain Hobson and the Missionaries were to be -theirs to loose or to hold as they pleased; lands of which the Treaty -of Waitangi had solemnly recognised them as already the indisputable -owners. Was this then the much vaunted honour of the Queen? was this -to be the unhappy end of all her high-sounding promises? The fire of -indignation ran through the Maori veins as they contemplated the -deception; the rumble of discontent grew as the tidings spread; the -breath of battle was in the air. - -The position of the Governor was delicate in the extreme, and probably -only two things stood at this critical juncture between the colony and -war--the Maori confidence in Grey, and Grey's confidence in himself. -"What was I to do indeed?" he afterwards said. "My instruction was not -alone that of the Colonial Office; but the Constitution had been -sanctioned by Parliament. A man's responsibility in the larger sense -is, after adequate deliberation, to proceed as he determines to be -just and wise. If he has to decide, not for himself only but for -others, unto future generations, there lies his course all the more. -There was one clear line for me, simply to hang up the Constitution, -and intimate to the Home authorities my ideas about it." In accordance -with this decision he wrote on August 20 (1847) to his chief, describing -with that directness of which his pen was capable the ferment into -which this impossible statesmanship had thrown the country. - - I have to state to Your Lordship that within the last few days I have - received alarming accounts from various quarters of the island - regarding the excitement created in portions of the country most - densely inhabited by natives, upon the subject of the introduction of - the new Constitution into this country, and the steps that may be - taken regarding the registration of their lands. I am not yet in a - position that would enable me to state whether actual insurrection, - upon an extensive scale is to be immediately apprehended; but I - cannot entertain any doubt that the country is in a very critical - state. I will lose no time in taking such measures as are in my power - to quiet the apprehensions which at present exist, and I will also - delay for some time the introduction of the proposed Constitution, - but I beg again earnestly to press upon your Lordship the advantages - which would result from in so far modifying the proposed Constitution - as to leave the Governor the power of being able certainly to promise - the natives that he will enact any measures which they may request as - essential to their interests, and which the Governor may also - consider to be absolutely requisite to secure the tranquillity of the - country. - -A portion of the Governor's measures to "quiet the apprehensions" of -the Maoris was to despatch Captain Sotheby, then in command of H.M.S. -_Racehorse_, to visit the northern chiefs, and aided by the ever -loyal Waaka Nene he assured them, "on the authority of His Excellency -the Governor, that there was no truth in the report that the -Government claimed all land not under tillage." Subsequently this -officer invited Earl Grey to reflect upon the rapidity with which this -report had spread through the North Island, and the dissatisfaction -which it had excited, "even in the minds of those chiefs who had -hitherto been friendly to the British and who had fought on our side." - -From old Te Wherowhero, of the Waikato, came the following -characteristic protest to the Queen, whose honour he would not impugn, -whose word he would accept: - - O Madam the Queen, hearken to our words, the words of all the chiefs - of Waikato. - - May God grant that you may hold fast our word, and we your word for - ever. Madam listen, news are going about here that your Ministers are - talking of taking away the land of the Native without cause, which - makes our hearts dark. But we do not believe this news, because we - heard from the first Governor that the disposal of the land was with - ourselves. And from the second Governor we heard the same words, and - from this Governor. They have all said the same. Therefore we write - to you that you may be kind to us, to your friends that love you. - Write your thoughts to us, that peace may prevail amongst the natives - of these Islands.[186] - -In this dignified appeal the chief was joined by Bishop Selwyn, -Archdeacon Maunsell, and Chief Justice Martin in the colony, and by -the Wesleyan Mission Committee in England, who employed the searching -pen of Dr. Beecham to voice their protest. - -How the Bishop regarded the proposals of the Chief Secretary may be -judged from the following passage in a letter which he subsequently -wrote to his friend, the Rev. E. Coleridge, in England: "If Lord -Grey's principles had been avowed by the Governor as the rule of his -policy, the safety of the English settlements could not have been -guaranteed for a single day." - -Archdeacon Maunsell, who in 1840 had informed Captain Hobson that the -Missionaries had committed themselves to the promotion of the Treaty -of Waitangi only because of their unshaken faith in the integrity of -the British Government,[187] was at least entitled to point out that -ever since the treaty was signed the conduct of the Maori towards the -British had been marked by a spirit of chivalry, of friendship, and of -good faith. "Why, then," he asked, "does the statesman of a mighty -nation seek to confiscate the guaranteed possessions of our friends -and allies?" If such should ever happen, his letter concluded, there -could be no alternative but for the Missionaries in sorrow to leave -the country, broken and discredited men. - -Nor was the kindly, conscientious Martin less emphatic. In a pamphlet, -"England and the New Zealanders," he discusses the danger of thus -shattering the native confidence in Britain's honour. "In particular," -he states, "those who have received Christianity are disposed to look -up to us for guidance and government. But let the plan of confiscation -or seizure be once acted on, and all this will be at an end. The worst -surmises of the natives will have become realities. To them we will -appear to be a nation of liars." - -The Wesleyan Mission Society embodied their views in a memorial, which -they subsequently deemed worthy of publication,[188] wherein they -justified their right to question the propriety of Earl Grey's policy, -not only because of the prestige and influence of their Mission, but -because that prestige and influence had been solicited in the -interests of the Treaty of Waitangi by Captain Hobson, at a time when -his success without it was impossible. They explained that their -solicitude upon the subject had been greatly increased, if not wholly -produced by the flood of letters they had received from their -Missionaries in New Zealand, expressing the state of alarm into which -they had been thrown by the publication of his Lordship's Despatch and -Instructions, and which in their opinion affixed a meaning to the -Treaty of Waitangi very different from that in which it was understood -by the parties principally concerned in its execution. Being -apprehensive that any attempt to carry what they regarded as a new -interpretation of the treaty into effect, would result in the most -disastrous consequences, they were constrained to make such -representations upon the subject as they had reason to hope would -avert the evils which they feared. They then proceeded to set out that -at the commencement of the proceedings adopted by Her Majesty's -Government for founding a colony in New Zealand, they distinctly -understood that the previous recognition of the independence of New -Zealand by the British Government having taken the country out of the -category of barbarous tribes and people without a national character -or national rights, the ordinary course pursued in colonisation would -not be adopted in its case, but that New Zealand would be negotiated -with as an Independent State, and that the British Crown would not -take anything from the Aboriginal proprietors which was not ceded on -their part by fair and honourable treaty. In support of this view, -they quoted at length from Lord Normanby's instructions to Captain -Hobson, in 1839 and from the subsequent correspondence with him, when -that officer sought a greater amplification of important points. On -the authority, then, of the noble gentleman formerly at the head of -the Colonial Department, they claimed that they were not deceived when -they understood that the cession of sovereignty in New Zealand was not -to involve the surrender of territory, either in whole or in part; -that the cession to the Crown of such waste lands as might be -progressively required for the use of the settlers should be -subsequently obtained by fair and equal contracts with the natives, -and that no lands were to be claimed for the Crown in New Zealand, -except such as might be obtained by purchase from the natives, or by -their own free consent. They detailed the overtures which Captain -Hobson made to their Missionaries in 1840, when, "in accordance with -instructions he had received from the highest authority in the realm," -he requested their assistance in effecting the negotiation with which -he had been entrusted. The Missionaries at this time, the Committee -pointed out, had not read Captain Hobson's instructions, for they had -not then been published, but they fully understood the claims of the -natives upon the soil of New Zealand, and the point upon which they -had to satisfy themselves was whether the proposed treaty was designed -to admit and confirm those claims in the full and unqualified sense in -which they were made. The Missionaries knew that the Maoris claimed -the _entire_ soil of New Zealand.[189] They knew that the entire -country was divided amongst the several tribes, that the boundaries of -every property were accurately defined, and the proprietorship so -vested in each tribe that all the members of the tribe had a -beneficial interest therein. They therefore knew that at the time the -Treaty of Waitangi was signed there was no land in New Zealand without -an owner, and which would under the principles of public law, be -automatically transferred to the Crown. - - "In the view, therefore, of both the Missionaries and the natives," - they said, "the sovereignty and the land were two entirely distinct - things, and to preserve the latter intact, while they surrendered the - former, was the great solicitude of the natives. From Captain Hobson - the Missionaries received the most satisfactory explanation of the - terms of the treaty. It dwelt explicitly on both the sovereignty and - the land, and the interpretation which the Missionaries were - authorised to give of it was that, while the _entire_ - sovereignty should be transferred to the British Crown, the - _entire_ land should be secured to the natives. Most certainly - the Missionaries received the fullest assurance that, in surrendering - the sovereignty, the natives would not by that act surrender their - original claims upon any part of the soil. In this sense the chiefs - themselves understood the treaty, as it was propounded to them. They - clearly comprehended its two main features as explained in their own - figurative style, that 'the shadow of the land,' by which they meant - 'the sovereignty,' would pass to the Queen of England, but that the - 'substance,' meaning the land itself, would remain with them." - -But the Missionaries were not alone the source from which the -Committee proved the correct interpretation of the treaty. The -witnesses who had given evidence before Earl Grey's own Committee in -1844 were marshalled to their support, the official Despatches were -quoted to the same end, even those of Lord John Russell being referred -to as "warranting the conclusion that his Lordship designed the treaty -should be faithfully observed, in the sense in which it was understood -by the natives and Missionaries of both the Church and Wesleyan -Societies." To these was added the invaluable testimony of Lieutenant -Shortland, who had been in closest association with Captain Hobson -during the treaty negotiations, who had been privileged to administer -the affairs of the colony under it, and who from his close official -connection with it was peculiarly the man able to say what it meant -and what it did not mean. Shortly before his return to England, the -Select Committee of the House of Commons had issued their report upon -"the State of New Zealand and the proceedings of the New Zealand -Company," and so completely did that report misrepresent, in Mr. -Shortland's opinion, the true position of affairs, so harmful did he -deem the resolutions which accompanied that report, that he felt in -duty bound to protest to Lord Stanley against the needless perversion -of the facts. During a lengthy and dispassionate statement of the -circumstances surrounding the procuration of the treaty--than whom no -one knew them better--Mr. Shortland, writing from his quiet retreat at -Torquay, dealt with especial emphasis upon the relation of the -sovereignty to the land: - - Respecting the cession of the sovereignty to the Crown by the - aborigines without a reciprocal guarantee to them of the perfect - enjoyment of their territorial rights, I do not hesitate to say, such - a proposition would not for a moment have been entertained by the - natives, who, during the whole proceedings of the Government at the - first establishment of the colony, manifested a feeling of great - anxiety and mistrust in regard to the security of their lands. Of - this I could produce many instances did space permit, but will - content myself with noticing that the Church and Wesleyan Missionaries - possessing, as they deservedly did before the assumption of - sovereignty by Her Majesty, the unlimited confidence of the natives, - incurred by their aiding the local Government to effect the peaceable - establishment of the colony, the suspicion of the aborigines, who - frequently upbraided the Missionaries with having deceived them, - saying, "Your Queen will serve us as she has done the black fellows - of New South Wales; our lands will be taken from us, and we shall - become slaves." How then could the colony have been founded with the - free and intelligent consent of the native owners of the soil, on any - other terms than those laid down by the Treaty of Waitangi, viewed in - the light in which it has always been understood and acted on by the - local Government. - -With these and many similar pieces of unimpeachable evidence did the -Committee press upon the Colonial Secretary the conviction that their -reading and understanding of the treaty was the only one which its -"large words," as Lord Stanley had termed them, would bear. Earl Grey -relied upon the astute pen of Mr. Herman Merivale, his new -Under-Secretary to release him from the horns of the dilemma upon -which the cold reasoning of the Committee had impaled him. This he did -by referring the memorialists back to an obscure phrase in the Royal -Instructions, which provided that no native claim to land would be -recognised unless the title had previously been acknowledged and -ascertained, "by some act of the Executive Government of New Zealand -as then constituted or by the adjudication of some court of competent -jurisdiction." The Treaty of Waitangi was now admitted, and even -asserted by the Under-Secretary to be "unquestionably an act of the -Executive Government," and therefore it followed that nothing that was -guaranteed by the treaty was imperilled by the Instructions. With a -wealth of argument upon phases of the issue which were not directly -raised by the Memorial,[190] Mr. Merivale was at least able to assure -the Committee that the Government intended and always had intended to -recognise the treaty, as they believed, in the same sense in which the -Committee recognised it. "They recognise it in both its essential -stipulations, the one securing to those native tribes, of which the -chiefs have signed the treaty, a title to those lands which they -possess according to native usage (whether cultivated or not) at the -time of the treaty, the other securing to the Crown the exclusive -right of extinguishing such title by purchase." Considerable unction -was claimed for his chief by the Under-Secretary, in that he had -directed Governor Grey to proceed with all circumspection in giving -effect to the instructions of the Department, but he failed to observe -that even in his widened interpretation of the treaty, he still -limited the rights in native lands to those tribes whose chiefs had -signed the treaty. Those who like Te Heuheu, and Te Wherowhero had -maintained their independence might still have been subject to -spoliation had this view become the accepted interpretation of the -Department, and those who were keenly interested in the fate of the -colony were not slow to place this construction upon it. The immediate -necessity for anxiety upon this point was, however, obviated by the -prompt suspension of the Charter by Governor Grey, and upon the -submission by him to Downing Street of a more liberal and flexible -Constitution, drafted upon the slopes and amidst the snows of Ruapehu. - -[Illustration: EARL DERBY. - -Formerly Lord Stanley.] - -Ere the brewing storm in New Zealand had burst, the crisis had come in -the life of Lord John Russell's Ministry, who were defeated on their -Militia Bill. They were succeeded by the Stanley of old, who in the -person of Lord Derby, became Premier, with Sir John Pakington as his -Colonial Secretary. To him fell the duty of giving legislative effect -to the more workable and equitable Constitution drafted by Governor -Grey, and when the Wesleyan Committee again approached the Colonial -Office with the regretful assurance that the reply vouchsafed to them -by the noble gentleman who had just vacated the Chief Secretaryship -"was less satisfactory to the people of New Zealand than it had -appeared to themselves," Sir John was able to convey to them through -the Earl of Desart the gratifying intelligence that in the Bill then -before the House there was every provision for the full and complete -recognition of the principles for which they had so resolutely -contended. - -Concerning the Third Clause of the treaty, little need be said. By -this covenant the Queen undertook, in consideration of the cession of -sovereignty and the granting of the pre-emptive right of purchase of -land, to extend to the Maori race her Royal protection, and impart to -them all the rights and privileges of British subjects. Of the manner -in which this undertaking has been fulfilled, the Maoris have never -complained, and they have never had just grounds for complaint. There -is no colour line drawn against the New Zealander in New Zealand. Our -courts are as open to him as to anyone, and whether he be plaintiff or -defendant, the same even-handed justice is meted out to him. He -travels upon our railways, he rides upon our cars, he sits in our -theatres on equal terms with his _Pakeha_ friend. His children -are educated in our schools and his sons are absorbed into our Civil -Service, his chiefs sit at the Governor's table, and his elected -representatives sit in Parliament, where their voice is respected and -their vote is valued. The professions are open to him, and there is -no position in Church or State which he may not fill. No more is -demanded of a Maori than of a European. His passport to society is his -good behaviour, his participation of civil rights is governed by his -disposition to become a law-abiding citizen. - -Only one question now remains to be discussed. In what relation did -those chiefs stand to the Treaty of Waitangi who refused to sign it? -It has never been contended that all the chiefs were invited to meet -Captain Hobson at Waitangi, nor that all were solicited by his agents -to sign the treaty, nor that all who were so solicited agreed to affix -their signatures to the document. There was a residuum, which included -some of the most powerful chiefs in the land, who either had no -opportunity of subscribing their allegiance to the Crown, or who for -reasons of their own held aloof. How were these non-participants -affected by the compact? - -This question was first raised in its practical application by Taraia, -a Tauranga chief, who in December 1842 committed what is believed to -have been the last act of cannibalism perpetrated in New Zealand. -Taraia was not a signatory to the treaty, and the Government were -sorely exercised as to whether they were justified in claiming -jurisdiction over him. An effort had been made by the Aborigines' -Protection Society in London to define the status of these independent -chiefs, by submitting the question to Mr. Joseph Phillimore, an -eminent English lawyer, and Mr. Phillimore had given them a qualified -opinion that if there were any chiefs who had preserved their -independence by refusing to become parties to the treaty, then such -chiefs _may_ not be bound by its obligations, and _may_ be -entitled to distinct and separate consideration. But clearly, in an -abstract sense, there could be no such qualification to the unaltered -status of these men. They were still chiefs of an Independent State so -far as they were concerned, retaining inviolate their _mana_, and -refusing to be compromised by the concessions made by their fellow -chiefs. - -The Government, then controlled by Captain Hobson, did not share even -the qualified view entertained by Mr. Phillimore and those who thought -with him. They presumed all natives of New Zealand now to be British -subjects and determined that Taraia must be punished. This valiant -determination was not, however, given final effect, not because the -authorities were dubious of its justice, but because they had become -uncertain as to its practicability; so much so that they subsequently -deemed it prudent to limit their interference to a warning to that -chief, that he might expect to incur the anger of the Governor upon a -repetition of his offence. In Taraia's case this reprimand was -sufficient to quiet him, but only a few months later Tongoroa, another -Tauranga chief, made war upon his neighbours, and the sore which -looked as though it had healed was suddenly reopened. Lieutenant -Shortland, who had now assumed the post of Acting-Governor, proceeded -to Tauranga to arrest the disturber of the peace, but before the -apprehension could be effected his accumulating difficulties were -further increased by an unexpected communication from Mr. Clarke, the -chief Protector of the Aborigines, and Mr. Swainson, the Attorney-General. -Both these gentlemen had previously endorsed the contemplated arrest -of Taraia, but to the amazement of the Acting-Governor they informed -him that more mature reflection had caused them to reverse their -opinion, and that they now considered the arrest of Tongoroa would be -illegal. - -Hurrying back to Auckland, Shortland called a meeting of his Council, -and there sought some enlightenment as to this new view-point of the -Maori status under the treaty. Amongst those consulted was necessarily -Mr. Clarke, the erstwhile Missionary, and now Chief Protector of the -Aborigines, whose close and constant intercourse with all the tribes -gave him the most favourable facilities for gauging the strength and -direction of the native aspirations. In the course of his examination -Mr. Clarke was asked: - - (1) Do the natives who signed the Treaty of Waitangi acknowledge - themselves to be British subjects? - - To which he replied:--The natives who signed the Treaty of Waitangi, - having been solemnly assured by Her Majesty's representative, the - late Captain Hobson, that they should in the fullest sense of the - term be entitled to all the privileges of British subjects, consented - to be considered as such, with a full understanding that their - allegiance depended upon the British Government fulfilling their - engagements in that treaty. - - (2) How far, and to what extent, do the various tribes in New Zealand - acknowledge the Queen's sovereignty? - - To this Mr. Clarke's answer was:--The natives alone who signed the - treaty acknowledge the Queen's sovereignty, and that only in a - limited sense. The treaty guaranteeing their own customs to them, - they acknowledge a right of interference only in grave cases, such as - war and murder, and all disputes and offences between themselves and - Europeans, and hitherto they have acted on this principle. The - natives who have not signed the treaty consider that the British - Government, in common with themselves, have a right to interfere in - all cases of dispute between their tribes and Europeans, but limit - British interference to European British subjects. - - (3) In your communications with the natives, have you asserted that - they are British subjects, and the right of the Government to - interfere with them as such? and (4) On making that assertion how far - has it been acquiesced in?:--In all my communications with the - natives I have been instructed to assert, and have always asserted, - that they are British subjects, and amenable to British authority, in - which very few, even those who signed the treaty, would acquiesce, - save in matters relating to disputes or depredations upon each other - (viz. differences between Europeans and natives). - - (5) If the Government were to admit that any tribe or tribes of New - Zealanders were not British subjects, and were not amenable to the - laws, what effect do you think that admission would have on the peace - and future colonisation of the colony?:--The admission that the - tribes of New Zealanders were not amenable to British law, would, I - am apprehensive, be destructive to the interests of the natives and - the prosperity of the colony. It would be made use of by designing - men to embarrass the Government, to embroil the natives with each - other and with the Government, which must be alike injurious to both. - Her Majesty's Government having seen fit to colonise New Zealand, it - is now an act of humanity to both natives and Europeans to consider - the whole of the tribes of New Zealand as British subjects, and to - use every honourable and humane means of getting the tribes - universally to cede the sovereignty where it has not been ceded. - - (6) Supposing that we should treat as British subjects, by force, - those tribes, who have uniformly refused to cede the sovereignty to - Great Britain, should we be keeping faith with the principles we - professed when we originally negotiated for the cession of the - sovereignty?:--In treating those tribes as British subjects by force - who have refused to cede the sovereignty to Great Britain, would not - only be considered by the natives as a breach of faith with the - principles originally professed when negotiating for the sovereignty, - but would, I am apprehensive, lead to a destructive war, and although - the result would be destructive to the native race, it would be - inglorious to the British Government, and at variance with the - designs of Her Most Gracious Majesty in adding this interesting - people and country to her Dominions. - -From the Protector of the Aborigines who only pretended to interpret -Maori opinion as he gleaned it in his progress through their _pas_ and -settlements, the Executive turned to their Attorney-General, Mr. -Swainson, for his more recent interpretation of the position as it -appealed to the trained mind of a jurist, and Mr. Swainson only put -into less direct language the pronouncement of Wiremu Tamihana, the -King Maker, who during the hey-day of the King movement scorned the -authority of the Queen over his land: "I am chief of Ngati-Haua, which -is an independent tribe. My father, Te Waharoa, was chief before me. -Neither he, I, or any of my people signed the treaty, therefore we are -not bound by it." Mr. Swainson's opinion was as follows: - - From the evidence given before the Council by the Protector of the - Aborigines (Mr. Clarke), it appears that, as I have already stated, - there are numerous tribes who have not ceded their sovereign rights - to the Queen, and who do not yet acknowledge her sovereign authority. - For the reasons already given, I think it would be consistent neither - with justice nor with the principles we professed, viz. that we came - here to treat for and not to assume sovereignty, to treat those - tribes in all respects as British subjects, and to impose upon them - our penal code; in this opinion, also, the Protector's opinion - coincides. I am also of opinion that so numerous are these tribes, - and many of them so distant, that were we disposed to do so we have - not the power. At the same time, I am persuaded that the benefits of - British protection, and the laws administered by British judges, - would far more than compensate the natives for the sacrifice of their - independence. These benefits, however, I am equally persuaded, can - only be obtained on the voluntary surrender by them of their own - sovereign rights, and on their "free and intelligent" submission to - British authority. To subjugate them would require a large armed - force; but by the employment of persuasion, the influence of example, - and the general spread of civilisation among neighbouring tribes, - there is ground to expect that they will gradually submit themselves - to the operation of British laws. To constantly point out to them the - benefits they will derive from doing so, and to impress upon them, to - use the language of the Secretary of State, the impossibility of Her - Majesty's extending to them an effectual protection unless the Queen - be acknowledged as the Sovereign of their country, or at least of - those districts within, or adjacent to which Her Majesty's subjects - may acquire land or habitations "is the course, I believe, to be most - calculated to effect the object of establishing an absolute - sovereignty over the whole country." - -Though doubtless giving to these expressions of opinion the respectful -consideration which was their due, the Acting-Governor decided to -assume the responsibility of setting them aside, and following the -dictates of his own judgment. To him it seemed that it would be -fatally weak to admit in the practical administration of the country -the nice line of distinction drawn by the Attorney-General or -subscribe to the opinion expressed by Mr. Clarke, "that every -honourable and humane means should be used to prevail on tribes to -cede the sovereignty where it has not been ceded," as in his judgment -this would have been an over-ready admission that they were beyond the -pale of the British Crown, and no more effectual means could have been -adopted of disseminating the harmful acknowledgment. The troops were -accordingly sent to Tauranga, but no arrests were made. Here prudence -again prevailed and the officer in charge was instructed only to -employ the soldiers "in the general preservation of peace." When these -proceedings were reported in due course to Lord Stanley, he warmly -endorsed the view adopted by Lieutenant Shortland[191] and as warmly -censured Swainson, who was told in the plainest terms that he could -not be permitted to entertain the views to which he had given -expression, and hold a public office at the same time. - -As a matter of abstract reasoning, Lord Stanley was probably wrong, as -a matter of practical administration he was probably right, but the -correctness of his attitude depended for its success upon the -tactfulness of its application. Fortunately New Zealand has, in the -main, been blessed with administrators of wide sympathies, and a -paternal parliament has generally, though not always given the native -race the most indulgent exposition of the treaty. Mistakes may have -been made, misapprehensions may have occurred, even technical breaches -of the treaty may have been committed, but since the administration of -native affairs was handed over to the Colonial Government in 1863 -there have been but few instances of flagrant violation of native -rights. Prior to this date the care and control of the Maori still -vested in the Imperial authorities, even after representative -institutions had been granted to the country; and while that condition -lasted there was, unhappily, an all too frequent clashing of the two -races. With one or two exceptions these conflicts had a common origin -in an over-anxious desire on the part of the Europeans to become -possessed of native land, as opposed to the deep-founded pertinacity -with which the chiefs clung to their ancestral domains. The first of -these exceptions was the insurrection of Hone Heke in 1845, which was -not in its inception a dispute regarding land, but an undisguised -protest against the exercise of the Queen's sovereignty. Land did -ultimately play its complicating part in the disruption, but in its -initial stages it was the revolt of a volatile man who felt the treaty -had carried him further than he intended it should lead him; it was -the protest of an ambitious chief who loved notoriety as much as he -loved his independence. Heke fell upon what now appears to have been -the weak point in Hobson's negotiations; that while he may have, and -doubtless did, convey to the natives a clear enough idea of what was -meant by the sovereignty of the Queen, he does not appear to have -taken sufficient care to explain with any detail what its possible -effects might be. Assuredly he was not endowed with such a mental -vision as to foresee all that was to happen, nor to conjure up within -his mind all the changes that were inevitable in evolving a State from -a condition of barbarism to one of civilisation. One thing, however, -must have been obvious both to him and to those who were associated -with him, that no government could be organised and carried on in a -new country without a revenue adequate for all its varied purposes. -Under Lord Normanby's instructions funds were to be temporarily -provided from New South Wales, but the permanent revenue was to be -raised within New Zealand itself, of which a large part, it was hoped, -would be derived from the sale of land. Other sources of income in the -way of customs duties and taxation in varied forms must also have been -in contemplation, but we have no evidence that Captain Hobson ever -took occasion to explain to the people that sovereignty would cost -them something; that revenue which had been falling into the hands of -the chiefs would be diverted into the coffers of the State, and that -with the surrender of their independence they must also surrender the -levies which they had been making upon the whalers. - -It is conceivable that had this surrender of a means to opulence been -clearly contemplated by the chiefs as a part of the colonising scheme -those at the Bay of Islands would have been the more easily reconciled -to it by the natural expectation that even larger sums would be -flowing in to them from the sales of land. If these anticipations ever -existed they were doomed to disappointment, for instead of entering -upon an active campaign of land-buying the Governor suspended the -purchases he should have made, and wasted his money on a site for a -town, while the rigid enforcement of the pre-emptive right acquired by -the Crown closed the market against the buyers of open country lands. -This restriction was felt to be not without its element of injustice; -for upon a more critical examination of the terms of the treaty it was -found that though the Crown claimed the exclusive right to extinguish -the native title, nothing had been determined as to the price to be -paid or as to the time within which the purchase should be made. Thus, -chiefs like Heke, who had been in receipt of substantial sums by way -of anchorage money from the shipping found their perquisites -appropriated by the State, while they derived no compensating benefit -from the sale of land. - -The first flush of disappointment which surged within the breast of -Heke as he contemplated the unexpected effects of the new power was -fed by the angry adventurers and thwarted speculators, who, in their -chagrin at the interception of their schemes, had no compunction in -inciting him to a course which ultimately led to a declaration of -hostility against the Queen and to open war against the Crown. - -Not so the Waitara war of 1860, which found its origin not so much in -a desire to violate the treaty, as in a blundering endeavour to -observe its most important provision. The taking up of arms by Wiremu -Kingi was not in its spirit rebellion against the Queen's sovereignty, -but a reply to the Governor's attempt to divest him of his rights by -insisting upon purchasing land from one whom Wiremu contended could -not by any application of native law be constituted the owner. There -was on the part of the natives the greatest reluctance to resort to -arms, their desire being to test the disputed point of ownership -before a properly constituted Commission; but when these overtures -were rejected and the Governor held on his headstrong way, they felt -there was no course compatible with their high-strung sense of -dignity, but to refer the momentous issue to the final arbitrament of -war. The story of the Waitara campaign is too well known to need -recapitulation here, but in the opinion of many of those skilled in -the intricacies of Maori land tenure it was a blunder of the first -magnitude, for which Governor Gore-Browne, and not the Colonial -Parliament was wholly responsible. If, then, the war was unjust, the -confiscation of native land which followed upon the suppression of -what was called rebellion was branded with the same injustice. - -And just as one wrong perpetuates itself in the form of others, this -confiscation has ever since burned deep into the hearts of the -Taranaki natives, and led in the early eighties to what is known as -the Te Whiti movement. Like his predecessor, Wiremu Kingi, Te Whiti -was a much-misunderstood man. For this state of misconception he may -have himself been largely accountable, for as a concession to the -Maori love of the mysterious he so combined religion with his -politics, and dealt so freely in the mystic, that it was frequently -difficult to separate intangible prophecy from the things that really -mattered in his material policy. But shorn of all its grotesqueness -the movement which centred round the Parihaka prophet and his uncle -Tohu was not a repudiation of the Treaty of Waitangi, nor was it a -revolt against the authority of the Queen. At its base lay the -grievance, or the fancied grievance, which was before them every day -in the shape of the confiscated lands. There upon the wide Waimate -Plains they saw European homesteads whose occupancy was in their eyes -a crime against Maori rights. Te Whiti felt he had two things to do. -He had to assert his right to those lands, and he had to agitate for -justice. He accordingly sent his faithfuls to plough up the fields of -the farmers and the lawns of the settlers, in the mistaken hope that -he would be able to force the issue before a competent tribunal and -there determine who had broken the treaty--the Maori or the _Pakeha_. - -The Government of that day saw things differently. They had no desire -to exhume the remains of past mistakes with a possibility of being -called upon to repair them at a cost of much treasure and more -dignity. They preferred to stand upon the settled policy of their -predecessors, and instead of sending a Commission to discover what was -at the back of the prophet's mind, they sent troops and took him -prisoner. Te Whiti may have been a dreamer, he may have been a babbler -of vain things, but he was never a rebel, nor the maker of rebels; but -for saying "I love my land" he was legislated into rebellion, and made -to appear as a criminal. - -In the same way the King movement of 1857 only became rebellion when -the Crown made it so. Two primary causes operated to call into -existence this political power, the creation of Wiremu Tamihana's[192] -genius, which for over fifty years was a potent influence in the Maori -life of the Waikato. For upwards of fifteen years the colony had been -following with more or less exactitude the terms of the treaty, and -during this time the State had exercised its power of pre-emption in a -manner which the more enlightened Maoris now began to regard with -disfavour. When Lord Normanby despatched Captain Hobson to found the -colony he anticipated no opposition to the practice of buying land -from the natives at a low price and selling it again to the colonists -at a large advance on what the Crown had paid. For a time these -anticipations were confirmed by results, but now the fathers of the -race, jealous of the rapid increase of the Europeans, and alarmed at -the equally rapid diminution of their lands, began to adopt a -different view. Rather than part for a few shillings with property -which they knew would be sold for as many pounds, they determined to -exercise their right under the treaty, and refuse any longer to -sanction the large transactions in which they had been engaged with -the Crown. - -Their eyes, too, had been opened by the Waitara war. Here a single -individual had embroiled the whole of the Ngati-Awa tribe in a -sanguinary conflict with the Government, by insisting upon selling -land to which his title was contested. These unauthorised sales, said -the chiefs, must cease, and no individual should, by his avarice, have -the power to involve the people in war. To crystallise this -determination into a practical act of statesmanship Wiremu Tamihana -conceived the idea of a Maori King, who was to be, not antagonistic -to, nor a substitute for the Queen, but the arbiter and judge in all -internal disputes, as well as the mouthpiece as to land which the -tribes as a whole were or were not prepared to sell. "I do not desire -to cast the Queen from this Island, but from my piece of land. I am -the person to overlook my piece" was how Wiremu Tamihana once publicly -stated his attitude towards the Crown. The King movement was thus a -Land League and not a rebellion, and as the Maoris had the right to -withhold their land from sale if they so pleased, their adherence to -this restrictive policy was no more illegal than the establishment of -a Trades Union or a Political Association. The movement did not become -militant until after the invasion of the Waitara by the British -troops, when many of the Waikato natives rose in sympathy with Wiremu -Kingi, and the battle followed them back to their gates. Then the -authorities began to realise what a compelling truth there was in the -maxim of Bishop Selwyn: "Nothing is easier than legally and peacefully -to extinguish a native title; nothing is harder than to extinguish a -native war." - -Worsted, though not disgraced, in the field, the dissatisfied Maoris -have since sought to secure the full measure of political justice to -which they believe themselves entitled by more constitutional methods. -Amongst their dreams has been a native Parliament sitting in the -Treaty House, at Waitangi, to approve measures for the betterment of -the race, which measures would be afterwards adopted by the Government -and given the effect of law. This, however, has been nothing more than -a dream. Little better was the _Kotahitanga_, or union, in 1892, -of all the tribes in the north, exclusive of the Kingites who still -remained loyal to their monarchal authority. The policy upon which -this new union was founded was that of inducing the Government to -cease purchasing native lands, and to set aside as a reserve for the -benefit of the present and all future Maori generations the -considerable areas of native land still unsold. Nor was this all. -Legislation had been passed, not specially directed against, but not -excepting the native race, placing restrictive conditions upon the -oyster fisheries of the country, and this the leaders of the movement -held to be a breach of the second clause of the treaty, which -guaranteed to them not only the free use and control of their lands -and their forests, but of their fisheries also. The deprivation of -their right to freely gather food from the sea and the sea-shore was, -together with other grievances, sufficient to galvanise them into -political activity, and the _Kotahitanga_ was formed with the meteoric -Hone Heke[193] at its head. The Native Rights Bill was introduced by -him and rejected by Parliament, but the movement was not without its -fruits, for in 1900 part of their purpose was achieved in the -concessions made by the Government in the Native Land Administration -Act and the Maori Councils Act. - -With the accomplishment of these aims, and the early death of Heke, -the _Kotahitanga_ has failed to preserve its former vitality; but -brief as was its career, it must be recorded of it that in its -inception and activities it was, as most Maori movements have been, -not an organisation designed to aid in the evasion of the treaty, but -rather to insist upon the due observance of its contracts. - -Few Legislatures in the world have had a more difficult task than has -fallen to the lot of that of New Zealand in legislating for the Maori -so as to preserve his nationality, his rights, his liberties, and yet -not bar the progress of the European state. That it has been -embarrassed times without number by the treaty is undoubted, and -therefore it is the more to its credit that the diplomatic bargain -which has now held good for the better part of a century should have -been so little violated. The treaty has been the broad foundation upon -which the intricate structure of native legislation has been reared -through all these years; and if there has ever been as there must have -been under changing conditions trespass upon the strict letter of the -compact, it is safe to assert that this variation has only occurred -when Parliament has been honestly satisfied that the wider interests -of the State as a whole demanded the departure. At no time has the -Legislature been callously unmindful of the true spirit of the treaty, -or careless of the great trust imposed upon it as the guardian -of native rights.[194] This commendable endeavour to observe that -"justice which is the paramount interest of all men and all -Commonwealths" has finally led to a universal acceptance of the treaty -by the native race as the basis of their civil and political -privileges. So far is this the fact, that to-day the Maori is more -insistent upon a due observance of its covenants than is the European. -The present generation of natives accept it unquestioningly; and long -before the "Old Guard" of objectors had passed away they, too, were -beginning to realise that the sacrifice of their independence was more -than compensated for by the protection of the British flag. They felt -the irresistible sweep of the white tide that had surged upon their -shores, and much as they might regret the passing of their ancient -_mana_, they were compelled to acknowledge the force of truth in -the figurative statement of their diminishing power once propounded to -them by Mr. Busby: "How can the little pebble dam the stream? how can -the single tree stand against the storm?" - -[156] "One cannot but laud the moderation of the English Puritans who -first established themselves in New England. Although provided with a -charter from their Sovereign, they purchased of the savages the land -they required to occupy. This praiseworthy example was followed by -William Penn, and the colony of Quakers which he conducted into -Pennsylvania."--Vattel. - -[157] The real discoverer of New Zealand was probably a Polynesian. - -[158] Stowell in his _Maori-English Tutor_ thus defines -_mana_: - - I speak of potency, the right - To order things as I may deem; - I, nothing wanting, have the might - Which clothes authority supreme. - -Surely as much power as is possessed by any crowned head, and more -than is possessed by some. - -[159] For some years after the treaty was signed the red blanket was -considered amongst the Maoris the hall-mark of distinction, and no -chief who had not received the "treaty blanket" was admitted to the -select circle of their counsels. - -[160] The Kohimarama Conference was summoned at Auckland in July 1860, -by Governor Gore Browne, "to afford an opportunity of discussing with -him various matters connected with the welfare and advancement of the -two races dwelling in New Zealand." It was attended on the opening day -by 112 chiefs from all parts of the country, and next to the meeting -at Waitangi in 1840 is the most important native conference ever -held. - -[161] "When casuists afterwards strove to qualify the terms accorded -to the Maoris, the words _tino rangatiratanga_ foiled them. -_Tino_ is an intense expression of fulness, comprehension, and -precision, and _rangatiratanga_ included all the rights of -chieftainship."--Rusden. - -[162] In 1841 a Mrs. Robertson, her two children, and a half-caste -were murdered at the Bay of Islands by a native named Maketu. The case -was heard at the first Criminal sitting of the Supreme Court in New -Zealand, presided over by Chief-Justice Martin, and was watched with -the keenest interest by the natives. - -[163] Writing on this point to Lord Stanley in a letter dated Torquay, -January 18, 1845, Lieutenant Shortland remarks: "I was present at the -several meetings of the natives at Waitangi, Hokianga, and Kaitaia for -the purpose of considering the treaty, and the impression on my mind -at the time was, that the subject was fully understood by them, and -they were quite aware of the nature of the transaction in which they -were engaged. I was so impressed with this idea, and so struck with -the shrewdness and intelligence of many of their remarks at the first -meeting at Waitangi, that at the subsequent ones I noted down the -speeches of the chiefs, which all serve to show that the natives not -only understood the treaty, but that they were peculiarly sensitive -with regard to every question affecting their lands." - -[164] The question of the title to the lands claimed by the -Nantes-Bordelaise Company was not dealt with by the New Zealand Land -Claims Commissioners, and became the subject of protracted diplomatic -negotiations with the French Government. Finally, in 1845, Lord -Stanley directed the issue of a grant for 30,000 acres. This area was -afterwards sold to the New Zealand Company, and on the surrender of -its charter the unsold portion became the property of the Crown. - -[165] These two vessels were crossing the line when Captain Hobson -took possession of the North Island by virtue of the Treaty of -Waitangi. - -[166] _Vide_ his letter to Captain Lavaud, September 20, 1841. - -[167] In his judgment in the case, Regina _v._ Symonds, delivered -in 1847, the late Mr. Justice Chapman laid it down that the -pre-emptive right to buy was not limited to the "first refusal," but -consisted in the right to buy before all others: _i.e._ that the -Crown enjoyed the exclusive right of extinguishing the native title. - -[168] The Bill was passed on August 4. It enacted that all titles to -land in New Zealand were to be absolutely null and void except such as -were, or might be, allowed by the Queen. The Governor was to appoint -commissioners to examine and report on all claims to grants of land -which might be referred to them by him. They were to be guided by the -real justice and good conscience of the case. Certain lands, those -reserved for the site of a town or village, for purposes of defence, -or any other public purpose, were not to be recommended by the -Commissioners for grants, but compensation in the shape of other lands -might be arranged. The claimant had to prove that he had made a -purchase, and there was to be some relation between the quantity of -land granted and the sum expended on its purchase, but as a general -rule no claimant was to receive more than 2560 acres. - -[169] Mr. Busby laid off a portion of his property on the bank of the -Waitangi River as a township, which he dignified by the name of -Victoria. Here he marked off streets, squares, and reserves for public -buildings, the lots being sold to Sydney speculators and settlers at -Kororareka at the rate of from £100 to £400 per acre. Over seventy -years have elapsed since then, but the great city which was to be is -still unsubstantial, rude boulders are its cathedrals, and the cabbage -palms wave over its empty market-place. - -[170] Despatch to Lord John Russell, August 16, 1840. - -[171] Amongst these was Tu Hawaiki, the Otago chief, who afterwards -signed the treaty at the request of Major Bunbury. - -[172] "In consequence of the animadversions made by me in Council on -this proceeding of Mr. Wentworth, and particularly of my having said -that he had, in my opinion, exposed himself to a prosecution for a -conspiracy, Mr. Wentworth has thought proper to resign his commission -as a Magistrate, and (to use his own expression) to separate himself -entirely from any official connection with my Government."--_Vide_ -the above Despatch, August 16, 1840. - -[173] "The more completely Lord Normanby admits the right of the -chiefs to the sovereignty and soil of New Zealand the more fully must -he rely on the third principle upon which I have said this Bill is -founded, namely, that Englishmen cannot found colonies without the -consent of the Crown, and can obtain no titles to lands in colonies -but from the Crown."--Extract from Sir G. Gipps' speech. - -[174] For a further exposition of this point the reader is referred to -what has been called the "classic" judgment of the late Mr. Justice -Chapman in Regina _v._ Symonds, 1847. - -[175] In November 1840 Lord John Russell entered into an agreement -with the Company, by which they were to become entitled to select out -of the extensive domain claimed by them one acre for every 5s. they -could prove they had expended upon colonisation in New Zealand. A Mr. -Pennington, a London accountant, was appointed to discover what the -Company's expenditure had been. He reported that they had expended, as -far as could be ascertained, the sum of £200,000, which on the basis -of the arrangement entered into would have entitled them to select, -approximately, 1,000,000 acres. This the Company asserted to Lord -Stanley was a final determination of their rights, and that they were -_ipso facto_ entitled to the land. Lord Stanley, however, held -that the Company still had to show that they had lawfully and -equitably extinguished the native title over this area, and that for -this purpose their land must come under investigation by the -Commission. The correspondence is embodied in the Parliamentary papers -of the period. - -[176] Both sides of the Committee appear to have disregarded Major -Bunbury's proceedings, not because they had no constitutional value, -but probably because they were not sufficiently posted in the facts. - -[177] In October 1845, Governor Fitzroy wrote to Lord Stanley: "I -cannot believe that those most dangerous resolutions of the House of -Commons (Committee) in 1844 respecting unoccupied land, can be adopted -by Her Majesty's Government, but if such should be the fatal case, the -native population will unite against the settlers and the destruction -of the colony as a field for emigration must result." - -[178] _Vide_ his letter to Archdeacon Henry Williams, November -11, 1845. - -[179] Governor Hobson died at 12.15 A.M. on September 10, -1842, at Auckland. Amongst a large section of the Northern Maoris the -belief was current that he had been _makutaed_ (bewitched) by an -old _tohunga_ (priest) at a banquet, the _tohunga_ being -instigated by the section of natives who were opposed to the treaty. - -[180] In the previous debate Sir Robert had said: "If ever there was a -case where the stronger party was obliged by its position to respect -the demands of the weaker it was the engagements contracted under such -circumstances with these native chiefs." - -[181] _Vide_ his Ordinance of March 26, 1844. For an able -justification of this measure the reader is referred to Mr. George -Clarke's _Final Report_, 1846, the manuscript of which is in the -Hocken Collection at Dunedin. The pre-emptive right was finally -abrogated in the Native Land Act of 1862. - -[182] _Vide_ his Despatch to Lord Stanley, December 10, 1845. - -[183] In this he was further assisted by the fact that Mr. Hawes, who -had been prominent with him in the interests of the New Zealand -Company, became his Under-Secretary, and Mr. Buller became Lord-Advocate. - -[184] For a critical analysis of Earl Grey's policy at this period, -the reader is referred to L. A. Chamerovzow's work, _The New Zealand -Question_, 1848. - -[185] One writer declared that, "by Earl Grey's Constitution the -humbug Treaty of Waitangi is very properly laid on the shelf." Another -referred to it as "sweeping away all the Treaty of Waitangi nonsense." - -[186] Te Wherowhero, who had refused to sign the Treaty of Waitangi, -was greatly influenced by Governor Grey, and this petition is -interesting as showing that the chief was beginning to recognise the -sovereignty of the Queen as the accepted order of things. - -[187] "As was anticipated, the chiefs would not enter into the treaty -without the advice of their religious instructors. The Wesleyan chiefs -said, in effect, to their Missionaries: 'We do not know the Queen of -England, but we know you, and can trust you. If you say that the British -Government speaks true about the land, we will believe you, for we -know you will not deceive us.' The Society's Missionaries, understanding -that the primary object of the British Government was to throw the -shield of protection over the New Zealand people, and believing that -the measure proposed was the best for preserving the natives from the -evils by which they were threatened, could not hesitate to assure -their people, that, when once the faith of the British Government was -pledged, it would be maintained inviolate."--_Vide_ Wesleyan Mission -Committee's Letter to Earl Grey, 1848. - -[188] Correspondence between the Wesleyan Missionary Committee and the -Right Hon. Earl Grey, 1848. - -[189] In a letter received at the Mission House after the Committee's -Memorial had been prepared, the Rev. Thomas Buddle, writing from -Auckland, on July 3, 1847, remarked in reference to lands having no -native claimants: "No such lands have yet been discovered in this -Island. I question much whether there is an acre that has no owner." -The testimony of other Missionaries in the same direction, was, the -Committee asserted, "clear and express." - -[190] It is instructive to observe that the treaty is no longer -described as "what has been called the Treaty of Waitangi," as it was -in Earl Grey's Despatch, but is now spoken of with respect by Mr. -Merivale as "The Treaty of Waitangi." - -[191] "I do not think it necessary or convenient to discuss with Mr. -Swainson the justice or the policy of the course which the Queen has -been advised to pursue. For the present purpose it is sufficient to -say Her Majesty has pursued it. All the territories comprised within -the Commissions for the Government of New Zealand, and all persons -inhabiting those territories, are and must be considered as being to -all intents and purposes within the dominions of the British -Crown."--_Vide_ Lord Stanley's Despatch to Acting-Governor -Shortland. - -[192] William Thompson, son of Te Waharoa, known as the King-maker. - -[193] A grand-nephew of the chief who led the war of 1845. - -[194] The confiscation of Taranaki lands following upon the Waitara -war might be held by some to be an exception to this rule, but that -would depend upon the view taken of the justification for the war. The -breaches of the treaty, real or alleged, which have occurred in -connection with the Waitara war and since, have been vigorously stated -by Mr. G. W. Rusden in his _Aureretanga_, published in 1888. - - - - -APPENDIX - - -The following petitions to the late Queen are interesting as being the -more recent protests of the Maoris against what they regard as -breaches of the Treaty of Waitangi. The Memorandum and correspondence -which follow may be taken as the official answers to the grievances as -alleged in the petitions. - -The subjoined judgment of the Chief Justice, and the extracts from the -other judgments delivered in the Court of Appeal in the case of -Tamihana Korokai, October 1912, are of value as affording us the most -recent judicial interpretation of the Treaty of Waitangi. - - -PETITION FROM MAORIS TO THE QUEEN - -_The Earl of Kimberley to His Excellency Sir A. H. Gordon, G.C.M.G._ - -DOWNING STREET, _August 8, 1882_. - -SIR--I have the honour to transmit to you, to be laid before -your Government, a copy of a memorial to the Queen, which was handed -to me by certain Maori chiefs, complaining of alleged breaches by the -New Zealand Government of the Treaty of Waitangi, with a printed -translation of the same, which I received in a letter from the Rev. P. -Walsh of Parnell, Auckland. I also enclose a newspaper extract, which -gives a brief but fairly accurate account of an interview which I held -with these chiefs and several members of Parliament, and others who -accompanied them on the occasion. - -I request that you will lay these papers before your Government. You -will invite them to favour me with any observations they may wish to -make in regard to the memorial.--I have, etc., - -KIMBERLEY. - -The Hon. Sir A. H. Gordon. - - -To Her Majesty VICTORIA, the Good Queen of England, and the -Empress of India, Greeting. - -Go forth, O our messenger, on the soft airs of affection to remote -lands, across the ocean that was trodden by Tawhaki,[195] to Victoria, -the Queen of England, whose fame for graciousness has extended to all -the kingdoms of the world, including New Zealand. O Mother, the -receiver of the sentiments of the great peoples and the small peoples -under the shade of your authority, Salutations! May the Almighty -preserve you on your Throne, and may men applaud you for your goodness -to your peoples living in these Islands, who are continually directing -their eyes toward you, the mother who is venerated by them. - -O Mother, the Queen! on account of the desire to protect these -Islands, your father sent hither, in 1840, Captain Hobson. At that -time the enlightened administration of England was discovered by us, -and the Maori chiefs came to the conclusion that England, in -preference to other countries, should be the protector of New -Zealand--to protect and cherish the Maori tribes of New Zealand. The -conclusion brought about the treaty of Waitangi, and the appointment -of the first Governor, Captain Hobson. - -In consequence of the ignorance of some tribes, including Hone Heke, -the flagstaff was cut down at Maiki, Bay of Islands, for the tribes in -question imagined that the flag was the symbol of land confiscation. -Nevertheless, there was no blood in the flagstaff which had been cut -down, making it needful to raise armies to fight the Maoris. If the -Native chiefs had been summoned to a conference at that time, and -matters had been explained to them, there would have been no war; but -the Europeans flew as birds to make war against Heke, which brought -about the blood-shedding of both Europeans and Maoris. - -In the year 1860 another evil was brought upon the Maori tribes by the -Governor himself, who, without any grounds, drove Wiremu Kingi from -his own lands at Waitara, and this war about land renewed the shedding -of both European and Maori blood. On this occasion, O Mother, the -Queen! the grievous lamentation of this Island was raised, and you -recalled, in consequence, Governor Gore-Browne, whose administration -closed here. It was said by the Europeans that William King did wrong -in opposing the Governor; that if William King and party had appealed -to the Supreme Court, the Government act in that case would have been -condemned. Hence the knowledge of the Taranaki tribes taking up that -opinion, and retaining it up to the capture of Te Whiti and others, -who did not oppose in fight the Government when it went with an army -to Parihaka, to enkindle Maori strife, thereby endeavouring to find a -basis to make the Maoris do wrong, and then confiscate their lands. - -In the year 1862, you, O Queen, sent hither Governor Grey to calm down -the rain and the wind,[196] so that the sea of both races should be -still. Governor Grey possessed much wisdom: he understands the Maori -language, also the Maori customs. Notwithstanding, when he came the -second time as Governor of these Islands, he rushed hastily away to -Taranaki, and gave instructions for road-making on Maori territory, -thereby bringing about a war and the slaying of many of both races. In -the year 1863 the war was carried into Waikato, and the Maoris -throughout the Island were unaware as to the reason why war had been -made on the Waikato. Now, O Queen, the Waikatos had formed a land -league, in accordance with the Treaty of Waitangi, to preserve their -native authority over the land, which principle is embodied in the -treaty. - -O, the Queen! you do not consider that act of retaining their land to -be unjust; but the Government of New Zealand held it to be wrong, -inasmuch as war was declared against the Waikatos, and the -confiscation of their land followed, although the Waikatos had no -desire to fight--the desire came from the Governor and his council. -When the Waikatos were overpowered, armies of soldiers went forth to -engender strife against the Maoris at Tauranga, at Te Awa-o-te Atua at -Whakatana, at Ohiwa, at Opotiki, at Turanganui, at Ahuriri, at -Whanganui, at Waimate, and various other places. The motive impelling -the projectors of these deeds to execute this work was a desire to -confiscate the Maori lands, and to trample under the soles of their -feet the Treaty of Waitangi. While these proceedings were being -carried out, the weeping people wept, the lamenting people lamented, -the agonised people were in agony, the saddened people were in -sadness, while they held the Treaty of Waitangi as a basis on which -the voice of the Maoris could be made known to you, O Queen. - -But the people of New Zealand declared that the fighting and the -confiscation of land which brought calamity, and made your Maori -children orphans, were sanctioned by you, O Queen. We did not believe -the utterances of the Europeans as to the wrongs we suffered, that -they were brought upon us by your queenly authority; but our decision -was that such acts were not sanctioned by you, O Queen, whose -benevolence towards the Maori people is well known. The disorderly -work referred to has been carried into practice, so that a path might -be opened up to Europeans to seize Maori lands. - -In the year 1881, a new plan was devised by the Government to enkindle -strife in respect to the Maoris. Armies were sent to Parihaka to -capture innocent men that they might be lodged in prison; to seize -their property and their money, to destroy their growing crops, to -break down their houses, and commit other deeds of injustice. We pored -over the Treaty of Waitangi to find the grounds on which these evil -proceedings of the Government of New Zealand rested, but we could find -none. Some of the European inhabitants of this Island disapproved of -these injurious doings to Maori men; and it was vaguely rumoured that -Sir Arthur Gordon, the Governor, refused to approve of these acts. -Many other evils have been discovered by our hearts, therefore have we -considered right, O Mother, the Queen, to pray that you will not -permit increased evils to come upon your Maori children in New -Zealand, but to graciously sanction the appointment of a Royal English -Commission to abrogate the evil laws affecting the Maori people, and -to establish a Maori Parliament, which shall hold in check the -European authorities who are endeavouring to set aside the Treaty of -Waitangi; to put a bridle also in the mouth of Ministers for Native -Affairs who may act as Ministers have done at Parihaka, so that all -may be brought back to obey your laws; and to prevent the continued -wrongs of land matters which are troubling the Maori people through -days and years; and to restore to the Maoris those lands which have -been wrongfully confiscated according to the provisions of the Treaty -of Waitangi; and to draw forth from beneath the many unauthorized acts -of the New Zealand Parliament the concealed treaty, that it may now -assert its own dignity. - -In this year, 1881, we, O the Queen, built a House of Assembly at the -Bay of Islands, and the great symbol therein is a stone memorial, on -which has been engraved the articles of the Treaty of Waitangi, so -that eyes may look thereon from year to year. Two invitations were -sent to the Governor, requesting him to unveil the stone Treaty -Memorial. He did not accede to the request. Perhaps his disinclination -arose from the fact that the Europeans had disregarded the principles -embodied in the treaty, because in you, O Queen, is vested the sole -authority affecting the Waitangi Treaty. Should you authorize, O -Mother, the Queen, the appointment in England of a Royal English -Commission, under your queenly seal, to investigate the wrongdoings of -both races, then will you rightly be informed, O Mother, as to what is -just and what is false. - -It is believed by us, O Queen, that you have no knowledge as to the -deeds of wrong that gave us so much pain, and which create lamentation -among the tribes; but if, in your graciousness, a Maori Parliament is -set up, you will, O Queen, be enabled clearly to determine what is -right and what is wrong, what is evil and what is good, in the -administrations of the two races in these Islands. - -O Mother, the Queen, there are no expressions of disaffection towards -you by the Maori tribes, including the tribes of the King; but they -revere, only revere your Majesty; and the search after you, O Queen, -has induced us to send this petition to England by the hands of the -persons appointed by our Committee, who will see your very countenance -and hear your words. - -O Mother, the Queen, do not suppose that the sufferings under which we -labour are light. Many wrongs are felt by various tribes, but the -following are some which have come under our own notice:--(1) The -fighting between the Maoris and the New Zealand Company in the year -1841-42 was brought about by land disputes, and Mr. Wakefield fell in -the strife. (2) The war against Te Rangihaeata in the year 1842-1843: -a land dispute also was the origin; and some of Rangihaeata's people -were wrongly executed, their deaths being opposed to the English law, -and contrary to the principles of the Treaty of Waitangi. (3) The war -against Heke and Kawiti in 1844-45, caused by land sales and the -withholding of the anchorage money at Bay of Islands, was contrary to -the second article of the Treaty of Waitangi. (4) The fighting between -the chiefs Te Hapuku and Te Moananui in 1848-1849 brought about by -land purchasing on behalf of the Government. (5) The war against -Wiremu Kingi on account of the block of land named Waitara, at -Taranaki. (6) The war against the Waikatos in 1863, extending to the -year 1870. (7) The fight among the Ngatitautahi tribe in 1879, four -Natives killed, the strife being occasioned by the land purchases of -Government, a portion of £700,000 having been scattered over our lands -by Government Agents in 1875. (8) The capture of two hundred innocent -men of Te Whiti in 1879-81. (9) The incarceration of Te Whiti and his -people in 1881-82, who were guiltless of any crime. - -The following, O Queen, are references to New Zealand Ordinances put -forth and said to be against the principles contained in the Treaty of -Waitangi: (1) The making of unauthorized laws relating to Maori -lands--namely, the Land Acts of 1862, 1865, 1873, 1880--which Acts -were not assented to by the Native chiefs in all parts of the Island. -Nor is there any basis in the Treaty of Waitangi for these laws, which -continuously bring upon our lands and upon our persons great wrongs. -(2) The Immigration and Public Works Act, and the borrowing of -£700,000 expended here and there to confuse the Maoris and their -titles to land. - -O Mother, the Queen, these other things, and many of the laws that are -being carried into effect are, according to Maori ideas, very unjust, -creating disorder amongst us, giving us heart-pangs and sadness of -spirit to your Maori children, who are ever looking towards you, most -gracious Queen; and it is averred by men of wisdom that these matters -which weigh so heavily upon us are in opposition to the great and -excellent principles of the Treaty of Waitangi. - -May you be in health, O Mother, the Queen! May the Almighty bring down -upon you, upon your family, and upon the whole of your people the -exalted goodness of Heaven, even up to the termination of your sojourn -in this world, and in your inheritance in the home of sacred rest! - -May you live, is the prayer of your children in the Island of New -Zealand. - - PARORE TE AWHA, - HARE HONGI HIKA, - MAIHI PARAONE KAWITI, - KINGI HORI KIRA, - MANGONUI REWA, - HIRINI TAIWHANGA, - WIREMU PUHI TE HIHI, - HAKENA PARORE. - - For the Native people of New Zealand. - - -MAORI CHIEFS IN LONDON - -Yesterday afternoon, a deputation of Maori chiefs, accompanied by -numerous friends of the Aborigines' Protection Society, waited upon -the Earl of Kimberley (Secretary of State for the Colonies) at the -Colonial Office, for the purpose of seeking redress of grievances -under which Native tribes, it is alleged, suffer in New Zealand. The -Maori chiefs, three in number, were attired in English dress. They -appeared intelligent men, one of them having his face much tattooed. -Their names were Wiremu Puhi te Hihi, Hirini Taiwhanga, and Hakena -Parore. There were present Sir T. Fowell Buxton; Mr. W. H. James, -M.P.; Mr. T. Fry, M.P.; Sir Wilfred Lawson, M.P.; Sir D. Wedderburn, -M.P.; Mr. W. Rathbone, M.P.; Mr. A. M'Arthur, M.P.; Mr. Alderman -Fowler, M.P.; Mr. Brogden, M.P.; Mr. Cropper, M.P.; Mr. Thomasson, -M.P.; the Bishop of Nelson, the Rev. T. Grace (late of New Zealand), -Mr. Froome Talfourd, Mr. C. Hancock, Mr. W. Wilson, Mr. G. W. Rusden, -Mr. Da Costa, Mr. F. W. Chesson (Secretary of the Aborigines' -Protection Society). - -Mr. F. W. Chesson read a letter from Bishop Abraham (the late Bishop -of Wellington) in which he stated that in 1852, Sir John Packington, -being the Colonial Minister, framed a Constitution for New Zealand -absolutely ignoring the 60,000 Natives, who then outnumbered the -English, and who were by the Treaty of Waitangi proclaimed to be as -much subjects of the Queen as the English. No Native could vote unless -he chanced to have a Crown grant, which only a very few had, and this -was a direct violation of the treaty. It was not till about the year -1865 that four or five Natives were admitted into the Houses of -Parliament. - -The Bishop of Nelson then explained the objects the deputation had in -view. He said the three Maori chiefs present had brought with them a -petition to the Queen, signed by Native chiefs, asking for the -investigation and redress of grievances under which they laboured, and -they were desirous of presenting it to Her Majesty, at the same time -requesting the acceptance of some presents, according to the Maori -custom. They complained of the incarceration of Te Whiti and his -people, who, it was alleged, were guiltless of any crime, and also -that the reserve of land promised had not been properly secured to -them. The treatment of Te Whiti was the more extraordinary considering -how much had been condoned in the case of disloyal Natives, while -throughout the whole of the disturbances he had never been in arms -against the Government, but had prevented war, in the full confidence -that his legal position and claim would be gone into. - -The petition addressed to "The Good Queen of England and the Empress -of India," and which saluted Her Majesty, "whose fame for graciousness -had extended to all the nations of the world," as Mother of the Maori -tribes, was then handed to Lord Kimberley. - -Lord Kimberley asked whether the petition had been presented to the -Governor or the Government of New Zealand. - -The Bishop of Nelson--"I think it has not been so presented." - -Lord Kimberley pointed out that the memorial ought to have been -presented to the Governor and the Government of New Zealand in the -first instance, in order to enable him to have their views on the -question; and he remarked that under the present circumstances he -could give no definite answer to the petition. - -The three Maori chiefs then spoke in their own language, their -statements being interpreted by the Rev. Mr. Grace. One of the chiefs -(Hirini Taiwhanga) apparently understood a little English, although -declining to converse in that tongue. Firstly, they complained that -the Treaty of Waitangi had not been upheld, and urged that it should -be maintained, and the English and Native races governed according to -it; secondly, they desired that steps should be taken to unite more -closely the English and the Native race, instead of the latter being -treated by the former as a horse treated his enemy--kicking him away; -and, thirdly, they were much concerned at the treatment to which their -fellow-countryman, Te Whiti, was subjected, and they wished him to be -set at liberty. - -In reply to a question put by Lord Kimberley as to the reason why the -petition had not been presented to the New Zealand Government-- - -Wiremu Puhi te Hihi said the omission was due to the haste the chiefs -made to present the Petition to the Queen, as they had heard reports -that her life had been attempted by assassins. He added that he was -perfectly aware that Her Majesty had given the New Zealand Government -power to deal with its domestic affairs, but he thought the Government -at New Zealand had not acted as the Queen would have done under -similar circumstances. He further stated that the Native grievances -extended throughout the Island. - -Lord Kimberley requested the interpreter to tell the chiefs that to -pass over the Colonial Government, and to endeavour to induce the -Imperial Government to act independently, would not tend to the union -of the English and Native races. - -One of the chiefs (Hakena Parore) said the chiefs had no wish to -ignore the New Zealand Government, and they were doing their utmost to -diminish drunkenness among the Native tribes by means of total -abstinence societies. - -Mr. Wilfrid Wilson (of New Zealand) said there was reason to believe -that some of the Native chiefs who signed the Treaty of Waitangi were -not the owners of land, and there was a large number of chiefs who -owned land that did not sign the treaty. - -Sir T. Fowell Buxton, having observed that a good deal might turn on -the question whether the treaty was obsolete or not-- - -Lord Kimberley said the treaty was very simple, and provided that the -possession of land was to be respected. It was not the duty of the -Colonial Office to advise the Queen in reference to local matters like -the present. The management of the land of New Zealand was absolutely -handed over to the New Zealand Government, and the Queen was advised -by the Ministers of the colony with regard to these matters, and not -by himself, as there could not be two governments for one country. It -had been decided, as more likely to conduce to the peace of the -country, that the affairs of New Zealand should be managed at the -colony rather than in Downing Street. He had a strong conviction that -the course was right. The question now raised by the deputation -appeared to be connected with confiscations arising out of wars, and -the treaty would not be concerned in such confiscations, but the point -was whether they were just. Having received the petition, he should -transmit it to the Colonial Government, and ask them to state their -views with regard to it. It might be thought desirable to issue -another Royal Commission, but that step rested with the Colonial -Government. - -At the request of His Lordship, the Interpreter told the chiefs that -the Queen took a great interest in the welfare of the Native -population of New Zealand, and it was a matter of great satisfaction -to Her Majesty that of late years there had been no wars or bloodshed -between the two races, which was a happy omen for the future. - -The deputation then retired. - - -_The Premier to His Excellency the Administrator_ - -Ministers have had under consideration the despatch from the Secretary -of State, dated the 8th August last, enclosing copy of a memorial to -the Queen from certain Maori chiefs of New Zealand, and inviting this -Government to favour him with any observations they may wish to make -thereupon. - -The memorial professes to be signed "For the Native people of New -Zealand." After full enquiry, Ministers have ascertained that but few -Maoris were aware that such a memorial was to be presented; and that -several of those who knew what was intended have no sympathy with the -proceedings of Hirini Taiwhanga, from whom the memorial emanated. - -Taiwhanga belongs to Nga-Puhi, the principal tribe in the northern -part of the North Island. He is not a man of any rank; and he has no -importance beyond what he has gained in consequence of his abilities -and education. As an intelligent boy, he was educated under the -direction of the late Bishop Selwyn; and, subsequently it being -desired to push forward Native youths of promise, he was after due -instruction appointed by the Government a licensed surveyor. The -appointment was not a success; and in June 1872, his license was -revoked, in consequence of malpractices, reported by the Inspector of -Surveys and two Judges of the Native Land Court. - -The Government had for several years been making efforts to establish -schools in Native districts for the education of Maori children, and -in 1877 Taiwhanga was appointed master of such a school at his native -settlement Kaikohe. His remuneration was a capitation allowance; but -his conduct in this position was so bad that the school had to be -broken up. He neglected his work, absented himself from the school and -from the settlement, and, by rendering grossly false returns of the -number of children attending the school, he obtained money not due to -him for capitation. Taiwhanga's conduct in other transactions has been -equally open to condemnation. - -The other two members of the deputation also belong to Nga-Puhi. One -is a grandson and the other a nephew of Parore, a Nga-Puhi chief of -high family and of great respectability. He is upwards of ninety years -of age, and was induced by Taiwhanga to provide the money to take his -relatives as a deputation to England to see the Queen. The men -themselves are respectable, but have not taken a leading position in -their tribe. - -The only object in giving these particulars is to enable the Secretary -of State to form an opinion as to the weight that should attach to the -statements and proceedings of the deputation. - -With regard to the "wrongs" detailed in the memorial, Ministers desire -to point out that the first six have reference to transactions during -the time Native affairs in New Zealand were under the control and -management of the Imperial Government, through their officer, the -Governor of the colony. A full history of these transactions will no -doubt be found in the Parliamentary papers, Imperial and Colonial, in -the Colonial Office; and on reference to such papers, it will be seen -how little reason the Maoris have to complain. - -The "wrong" standing as No. 7 in the memorial, has relation to a -dispute between two tribes in reference to land, with which the -Government of the colony had no connection, and for which they were -not in any way responsible. - -Nos. 8 and 9 refer to recent transactions, for which the Colonial -Government were entirely responsible. A full account, and the -justification of the Government's conduct, will be found in the -documents from time to time transmitted through the Governor to the -Secretary of State. - -The special legislation referred to in the memorial as "unauthorised -laws relating to Maori lands ... not assented to by the Native chiefs -in all parts of the Island," and as having no "basis in the Treaty of -Waitangi," is not restrictive but enabling. The object of the Native -Land Acts enumerated was to provide a special tribunal for the -determination of Native title; to relieve the Maori owners from the -monopoly held by the Government; and to enable them to sell their -lands to whomsoever they pleased. In no way are the provisions of the -Acts compulsory. The Maoris were and are at liberty to avail -themselves of the powers conferred, or to abstain from doing so, at -their pleasure. - -It may be stated that, with the exception of lands confiscated for -rebellion, no land whatever has been taken from the Maoris by the -Government. With the exception stated, all lands acquired from Natives -by Government have been acquired from willing sellers, and fully paid -for. The £700,000 referred to has been paid to them, besides other -large sums, for what was to them unprofitable waste. - -The general legislation of the colony as to the Maoris has been more -than just--it has been exceptionally favourable to them. When laws -have been made applicable to the people of the colony, the object has -in many instances been to except the Maoris from their stringency; and -there is no instance in which they have been placed in a less -favourable position than the European population. Of the many laws on -the statute-book of the colony which bear out this statement, one -illustration may be mentioned: the Maoris are specially exempted from -all direct taxes on both real and personal property. - -It may, indeed, with confidence be asserted generally that there is -not, and has not been, anything on the statute-book of the colony, or -in the conduct of the Colonial Legislature, as regards the Maoris, to -which reasonable exception can be taken. - -FRED WHITAKER. - -WELLINGTON, _December 12, 1882._ - - -_His Excellency the Administrator to the Secretary of State for the -Colonies_ - -GOVERNMENT HOUSE, WELLINGTON, _December 16, 1882_. - -MY LORD--With reference to Your Lordship's despatch, No. 33, -of 8th August 1882, transmitting a copy of a memorial to the Queen -from certain Maori chiefs of New Zealand, and enclosing a newspaper -extract giving an account of an interview held by Your Lordship with -those chiefs, and several Members of Parliament and others, I have the -honour to enclose a memorial from the Prime Minister, Mr. Whitaker, -which he has forwarded to me in consequence of the invitation to him -to make observations on the memorial, which invitation was conveyed to -him by Your Lordship's directions, as already stated in my despatch, -No. 88, of November 5, 1882.--I have, etc. - -JAMES PRENDERGAST. - -The Right Hon. the Secretary of State for the Colonies. - - -_The Secretary of State for the Colonies to His Excellency the -Governor_ - -COLONIAL OFFICE, DOWNING STREET, _February 17, 1883_. - -SIR--I have the honour to acknowledge the receipt of your -despatch, No. 102, of the 16th December last, transmitting a -memorandum from the Prime Minister, Mr. Whitaker, on the subject of a -memorial placed in the hands of my predecessor, by certain Maori -chiefs of New Zealand for presentation to the Queen, complaining of -alleged breaches by the New Zealand Government of the Treaty of -Waitangi, and praying for the appointment of a Royal Commission in -connection with the laws of the colony affecting the Maoris, and for -the establishment of a Maori Parliament. - -Having given these papers my attentive consideration, I request that -you will cause the petitioners to be informed that their petition, -which has now been reported on by the Colonial Government, has been -laid before the Queen, who was pleased to receive it very graciously; -but that I have been unable to advise Her Majesty to give any -directions for a compliance with the prayer of the memorialists.--I -have, etc. - -DERBY. - -The Officer administering the Government of New Zealand. - - -_The Native Office to Parore te Awha and others_ - -(Translation) - -NATIVE OFFICE, WELLINGTON, _April 17, 1883_. - -FRIENDS--In reference to the petition which you and certain -other Natives have addressed to Her Majesty the Queen, complaining of -alleged breaches by the New Zealand Government of the Treaty of -Waitangi, and praying for the appointment of a Royal Commission in -connection with the laws of the colony affecting the Maoris, and for -the establishment of a Maori Parliament, I am instructed to acquaint -you that His Excellency the Governor has received a despatch, bearing -date 17th February from the Secretary of State for the Colonies, upon -the subject of your petition. - -In his despatch, Lord Derby requests that you should be informed that -the petition, which has been reported on by the Colonial Government, -has been laid before the Queen, who was pleased to receive it very -graciously. He further says that he has been unable to advise Her -Majesty to give any directions for a compliance with the prayer of the -memorialists. - -From your friend, W. J. MORPETH (In the absence of Mr. Lewis). - -To Parore te Awha and Hirini Taiwhanga, Kaihu, Kaipara. - - -_Parore te Awha to the Native Office_ - -(Translation) - -HOUHANGA, DARGAVILLE, _April 25, 1883_. - -TO MR. MORPETH--Friend, greeting! I have received your letter -acquainting me with the result of the petition taken by Wiremu Reweti -te Puhi, Hihi Parore, Hirini Rawiri Taiwhanga, and Hakena te Parore to -England. I myself sent those persons to England to lay our grievances -before the Queen--that is, before all her governing power--because all -the grievances that we, the Maoris, suffer from arise from the colony -of New Zealand; hence our petition for the establishment of a Native -Parliament in New Zealand. It was not done with the object of -trampling on the authority of the Government of New Zealand. No! but -we think that the Queen's authority should be exercised directly over -us. We, the Maori people, are entirely subject to the authority of our -most gracious Queen Victoria. The leading people in England say that -it is the Europeans of New Zealand who oppress the Maori people. Well -then, friend, do you write to me on the receipt of this letter. May -God protect us both.--From your sincere Friend, - -PARORE TE AWHA. - - -MEMORIAL OF TAWHIAO AND OTHERS TO THE QUEEN - -_The Right Hon. the Earl of Derby to Sir W. F. D. Jervois_ - -DOWNING STREET, _August 9, 1884_. - -SIR--I have the honour to transmit to you a copy of the -memorial which has been presented to me by the Maori chiefs now in -this country. - -I understand that it is contended, in support of the action taken by -the Maori chiefs in making this appeal to the Imperial Government, -that the powers granted to the Queen by section 71 of the New Zealand -Constitution Act, 15 and 16 Vict. cap. 72, are still in full force, -and that Her Majesty may properly be invited to provide by letters -patent that the laws enacted by the Legislature of the colony should -not extend to the Native territory; and that the Native laws, customs, -and usages, modified as might be thought desirable, should prevail -therein, to the exclusion of all other laws. - -I shall be glad to receive the observations of your Government on this -point, and also any statements which they may desire to make -respecting the matters referred to in the memorial.--I have, etc. - -DERBY. - -Governor Sir W. Jervois, G.C.M.G., C.B., etc. - - -ENCLOSURE (Confidential) - -Salutations!--May the Queen and her family long live! May her -Government and the people of England live! May God protect you! - -This is an address from the Maori chiefs to the people of England. -Strangers landed on a strange land: - -We, the Maori chiefs of New Zealand, have come to this distant land -into your presence, on account of the great disaster which has -overtaken your Maori race, which is beloved by the Queen and the -people of England. Accordingly we have now swum the Ocean of Kiwa, -which lies between us, and have reached England in safety, the source -and fountain of authority, to the place where the Queen lives, that -she may redress the ills of the Maori race inflicted on them by the -Government of New Zealand, who have not directed their attention to -right those wrongs up to the present time, and those wrongs are still -being committed; nor is it because the Maoris are adhering to evil -practices, and so causing trouble between the two races; and -therefore, owing to this continued inattention of the Government, this -is presented as an appeal to the highest authority. And because there -was a tender regard displayed by the Queen to her Maori race, as shown -in the Treaty of Waitangi, therefore it is well that those contracts -and these ills should be brought before you for your consideration. - -Firstly, the words of the Queen were, that Victoria, Queen of England, -in her kind regard to the chiefs and the tribes of New Zealand, -secured that their rights of chieftainship and their lands should be -established to them, and that peace should be made with them. - -Secondly, that the Queen of England shall order and consent that the -chiefs and tribes of New Zealand preserve their chieftainships, their -lands, their villages, their forests, and their fisheries. - -Thirdly, that the Government of the Queen shall consent and order that -the Queen shall protect the Maoris of New Zealand, and shall give them -her laws in like manner as they are given to the people of England. - -But these contracts have been trampled upon by the Government without -exception. The first case of the Government purchasing land was in the -year 1855. They paid a deposit for lands to some tribes without -knowing whether the lands belonged to them, and much land in the -Waikato, Hawke's Bay, and other places was bought in this manner; and -in consequence the Maoris drew a boundary at the Mangatawhiri River, -to separate the ground still held by the Maoris, and set up a head, -namely, Potatau[197]--of the Maori people, who should prevent disputes -between the Natives who sold and those who retained their lands, -always acknowledging the supremacy of the Queen; and this provision -was made over all lands throughout Taranaki, Taupo, and other parts. - -In the year 1858 the Government purchased Waitara from Te Teira, -Wiremu Kingi, the paramount chief of that tribe, prohibiting the sale; -but the Government sanctioned the purchase from Te Teira. Wiremu Kingi -drove off the surveyors, and the Government waged war throughout -Taranaki and confiscated the land. - -In the year 1863 a proclamation was issued by the Government that all -the Natives adhering to the resolve not to part with their lands -should retire across the boundary-line at Mangatawhiri; they went and -the Government followed them across the boundary and fought them. -Another Proclamation from the Government declared that the Waikato -chiefs adhering to the Queen should aid General Cameron, and that the -Government would protect their persons, their lands, and their -property. Te Wheoro and his tribe aided General Cameron up to the very -last, but their lands (amounting to about 200,000 acres) and property -were confiscated, and a very little portion of the land was returned; -the bulk was sold by the Government to the English, and up to the -present day no compensation has been made. For the property destroyed -the Court ordered compensation to be made; but the Government refused -to comply. - -The question of the lands thus seized was laid before the Committee of -Maori Affairs of the House of Parliament in the year 1879, and again -in the years 1880 and 1881, and the unanimous reply was made that the -Government should specially appoint a Commission to investigate that -seizure; but the Government refused to accede to this proposal. - -On the seizure of the lands at Taranaki in the year 1863, a law was -made that seven years were to be allowed for the Government to place -settlers on the land, but failing to do so within that time, that the -land should revert to the Maoris. The year 1870 arrived, and the -Government had failed to settle the land, and the land was returned by -the Native Minister, Donald M'Lean, who said that the Government -should purchase the land at 5s. or 7s. per acre; but the Government -did not purchase it. - -In the year 1879 the Government began to seize the land without any -pretext, arrested Te Whiti and party in their homes, destroyed their -houses, rooted up their crops, and removed their goods, surveyed the -land, put it into the market, and it was bought by the English, and -very small portions were returned to the Natives. For twelve months -Te Whiti and party were imprisoned and were never tried; they were -then released, but are still under some restraining law of the -Government. - -When the lands in the South Island were bought by a Commission from -the Queen the Commission stipulated that, on the Maoris consenting to -the conditions, the villages, the fisheries, and one acre in every ten -should be reserved to the Maoris, and to this the Maoris agreed; but -on the completion of the sale the conditions were and have been -disallowed down to the present time. A Commission was instituted in -the year 1879; but the Government was not pleased to give effect to -its awards. - -Respecting the land at Kawhia. Before the establishment of the -Government some Europeans resided at Kawhia; the Maoris allowed their -residence for the purpose of trade, and rent was paid to the Natives -by these Europeans; the Maoris in ignorance signed their names, and, -as they paid for the goods received, were unaware that their names -were obtained for a purpose. On arrival of fresh Europeans the lands -were sold to the new arrivals, and these demanded a Crown grant from -the Government, which was granted, though the Maoris were kept in -ignorance of the transaction: and thus the Government dealt with the -ground and ultimately bought it for themselves, and not until it was -being surveyed were the Maoris aware that their land was alienated. -Nor did the Government enquire of the Maoris whether the claims of the -Europeans were just, and the Maoris condemned the transaction. - -The Government submitted a Bill to Parliament to authorise them to put -the land into the market, and the Bill was passed by the Parliament, -the Maori members dissenting, and submitting a letter to the Governor, -asking him to withhold his consent to the Bill, and the letter was -forwarded to the Queen. In the year 1883 the land was thrown into the -market by the Government, and the Kawhia River was buoyed; the Maoris -then gathered together to prevent this, and Tawhiao[198] said to the -Government, through the Native Minister, Mr. Bryce, "Let the staking -of the river be done by him." But Mr. Bryce refused, and all the land -was surveyed by the Government, and soldiers were placed on the land -of the King, and works were pushed forward on the King's land, and the -Government said that they, acting with Rewi and party, should decide -the boundary of the King's land, to which Rewi and party agreed. When -that was settled the Government commenced operations, not confining -themselves to what was agreed upon, at which Rewi severed himself from -any further connection with the operations of the Government, when he -saw that the King party suffered loss; and this is an example of the -conduct of the Government in all their transactions in Maori matters. - -The Native Land Court was instituted in the year 1866 by the -Government, and that measure for dealing with Maori lands was adopted -in order to destroy the rights of the Maoris over their own land, -rights secured to them by the Queen in the Treaty of Waitangi. - -A fresh rule was thus established, by which the Court had full powers, -its authority was entirely in European hands, and the Maoris were -denied all authority. It was established that ten persons were to be -allowed claims over any section of ground, the majority were to rest -satisfied with no land to live on, and the lands were ultimately -alienated by purchase. Another rule was set up by the Court, that if -the claimants failed to present themselves to the Court the land -should be handed over to others, and thus the lands were sold, -including the lands, the homesteads, and the plantations, and the real -owners of the land were left destitute. When the Maori race asked that -they might be allowed to deal with their own lands by means of their -own committees, the Government declined. In cases where Europeans -purchased land from Maoris who received money for lands not theirs, -the purchase thus made was established to the purchasers. Assessors -were, indeed, appointed for the Court, but they had no power to say -anything with regard to the lands dealt with by the Court. Te Wheoro -was the first Assessor thus summoned in the year 1866; but when he saw -these faults he left it in the year 1872. - -The rights of the chiefs over their own lands were disallowed by the -Government, and the positions of the chiefs, in accordance with their -Maori customs, was swept away; for the chiefs had the power to secure -the land for themselves and their tribes, lest the land and the -persons should be lost (by other tribes seizing it) and their rights -were reduced to an equality with ordinary persons, and their words -were allowed no weight in retaining their land or in directing the -affairs of their own tribes: but the Government gave the rights of -ruling to all kinds of persons, and the ruling of these persons, -possessing no tribal rights in the eyes of the race itself, was -authorised, the Government merely regarding their own appointments in -respect to these lands; and thus the Government were able to set aside -and ignore the chiefs. - -Maori Assessors were appointed by the Government to rule their own -Maori race; only they had no powers. All powers of establishing and -directing were retained by the Government, and even this is now being -set aside. - -Maori representatives were established by the Government, but a -prohibitive rule was made by which the number of members were limited -to four, and, though the Maoris demanded a representation proportionate -to their numbers, this has been refused by the Government up to the -present time; and these members have only nominal power and are unable -to redress the Maori wrongs, and yet the Europeans have only an equal -status with the Maoris. The commission charged by the Government on -the monies paid for Maori lands, whether sold or leased, exceeds 25 -per cent. - -The payments arising from gold-bearing lands--_i.e._ 10s. per -miner's right, and duties on goods--are taken by the Government, and -none are returned to the Maori race, nor are the Maoris allowed any -voice in directing these taxes; all are taken by the Government for -the benefit of the Europeans, and the Maoris are left out of all -consideration; and the result of all this is that the Government have -taken the lands, the persons, and the rights of the Maori; the Maoris -still lay claim to their rights, and this has been a cause of trouble, -and troubles have also come on other Europeans, as happened at Marunui -and other places throughout the whole Island, all from these acts of -the Government. A Commission sat to investigate these wrongs at -Napier. Te Wheoro, another Maori, and two Europeans sat, but the -Europeans and the Maoris failed to agree, no decision was arrived at, -and the lands were lost, and the Maoris, frightened at such dealings, -retired to a remnant of the land of their ancestors in the King -Country, and yet they are being even now pursued. - -Te Wheoro rose in the Parliament of 1880, and, addressing the -Government, asked them to give to the Maoris the office of Minister of -Maori Affairs, then filled by Mr. Bryce, inasmuch as it was a post for -the Maoris, and yet Europeans alone filled the office, though Maori -names were mentioned for the office; and this is a wrong done to the -Maoris, inasmuch as the Queen had given them rights. Mr. Bryce replied -that the office should never belong to the Maoris. - -Therefore we and our race have determined, and to us, the representatives -of the tribes of New Zealand, has been assigned the work of crossing -the ocean and of bringing our wrongs to the Queen and people of -England, in whose hands lay the words of life and death, that they -should send and give to the Maori race laws whereby they may live, -like as our friends the Europeans who sent and asked to have a -Parliament of their own, and which was agreed to by the Queen; the -Maoris remaining in ignorance that their friends (the Europeans) had -asked for a Parliament subsequent to the Treaty of Waitangi. - -Therefore we pray for our Maori race that our Queen may cherish us, -that she may accede to this our prayer, and grant to us, her Maori -race, these humble requests. And firstly, that you will resolutely -consent to grant a Government to your Maori subjects, to those who are -living on their own lands or those of their ancestors, and within the -limits of Maori territory, that they may have power to make laws -regarding their own lands and race, lest they perish by the ills which -have come upon them; that they may be empowered so to direct -themselves and their own lands lest they be altogether destroyed by -the practices of the Government, unknown and not evident to the -Maoris; and that also the Maoris possessing lands contiguous to the -Europeans should have those lands brought under the direction of the -said Maori Government, for there are many tribes who thus own land, -and which they will not long hold unless thus brought under Maori -Government; and these Maoris are those who are suffering most at the -present time, and they will be unable to save themselves unless some -such means are taken for their preservation. - -Secondly, that the Queen and her Government consent to the appointment -of a Maori Commissioner, appointed by the Queen, one of the Maori -race, one adhering to the Queen, an upright man, who shall act as -mediator between the Maori and European races in matters touching the -leasing and selling of the lands of your Maori subjects, who shall -investigate the laws made by the Maori Government, make them feasible, -and to write his opinion to your Governor and to you also for your -confirmation, lest the Maori legislation be at variance with that of -the Government, and lest the Maori should fail to carry out the laws -of the Government respecting them. - -Thirdly, that the greater portion of the taxes levied on your Maori -subjects be returned to them, to enable them to carry on their -Government, granted by you to your Maori subjects, in those parts -which are Maori territory. - -Fourthly, that the European Judges in the Native Land Court be -superseded, and that your Maori race be then permitted to direct their -own affairs in that Court; that they may be empowered to appoint -their own Judges over their own lands, lest they be all lost by the -present doings of the Court; that they may be able to deal with these -lands in accordance with their own customs, apportioning to each tribe -their share, and, having made all ready for leasing or selling, to -submit all rulings to the Commissioner appointed by you, that he may -look into the whole affair and see that no injurious effects come upon -the Maori, and then he is to submit all to your Governor for -confirmation. - -Fifthly, that the lands wrongly obtained by the Government be returned -to us. That all may be in accordance with the concessions made in the -Waitangi Treaty and all other contracts made with your Maori subjects. -That the Queen and her Government also appoint some person from -England--a person independent of the Government of New Zealand--who -shall carefully investigate those wrongs, and if he finds them in -accordance with what we have now presented before you, that then he -should decide whether the lands of your wronged subjects be returned -or a compensation be made for part of it. - -We, your Maori race, confidently rely on the Treaty of Waitangi, on -its provisions and force, and we will be led by those provisions in -these matters for which we have now swum the ocean of Kiwa, and we -pray in the presence of the Queen that she will confirm her words -given in that treaty, that it may not be trampled upon by the -Government of New Zealand in anything they may do to annul that treaty. - -Let the Queen live! Here we conclude. May God preserve you! - - TAWHIAO, - WIREMU TE WHEORO, - PATARA TE TUHI, - TOPIA TUROA, - HORI ROPIHANA. - -I hereby certify that the above is a true translation of the petition, -made by me this 15th day of July 1884. - -FRED H. SPENCER, Clerk in Holy Orders. - - -_Sir W. F. D. Jervois to the Right Hon. the Earl of Derby_ - -GOVERNMENT HOUSE, WELLINGTON, _March 28, 1885_. - -MY LORD--With reference to Your Lordship's Despatch, No. 46, -dated the 9th August last, concerning a memorial from Maori chiefs, I -have the honour to transmit herewith a copy of a memorandum from my -Ministers. I also enclose copies of the Acts of the Colonial -Parliament referred to therein. - -I regret that I have been unable to send Your Lordship an earlier -reply. The delay, however, has been caused by the fact that the Native -Minister desired to visit the Maori districts before my Government -furnished me with a memorandum on the subject. Full reports of the -several meetings held by him with the Natives will be forwarded by the -next mail. - -I beg to refer Your Lordship to my Despatch, No. 9, dated the 1st -March 1884, in which I have stated my own views with regard to the -position of the Native race in this colony.--I have, etc. - -WM. F. DRUMMOND JERVOIS. - -The Right Hon. the Earl of Derby. - - -MEMORANDUM FOR HIS EXCELLENCY - -Ministers present their respectful compliments to the Governor, and -beg to inform His Excellency that they have considered the memorial -from Maori chiefs referred to in the despatch from Lord Derby, No. 46, -of 9th August 1884. - -Ministers are of opinion that they would least embarrass Her Majesty's -Government by referring only to the period since 1865, when Her -Majesty's troops were removed, when for the first time the colony was -left to manage the Natives without interference by the representatives -of Her Majesty in the colony. It is quite certain that since that -period there has been no infraction of the Treaty of Waitangi. As it -is clear that if there was an infraction previously Her Majesty's -Government and Imperial funds would be liable for the same, Ministers -deem it more respectful not to express an opinion on the subject, but -to leave Her Majesty's Advisers in Great Britain to arrive at their -own conclusions. - -As to the provisions of section 71 of the Constitution Act (15 and 16 -Vict. cap. 72), Ministers would remark that it appears from the very -terms of the section that the Imperial Parliament contemplated that -that section should only be used for a short time and under the then -special circumstances of the colony. The words used in the section -are, "It may be expedient," "Should for the present be maintained." So -far as allowing the laws, customs, and usages of the Natives in all -their relations to and dealings with each other to be maintained, -Ministers would point out that this has been the policy of all the -Native Land Acts. The Courts that have to deal with Native land--and -it is the land that to the Natives seems the most important--decide -according to Native customs or usages (_vide_ "Native Land Courts Act, -1880," section 24; see also sections 5 and 6 of "The Native Lands -Frauds Prevention Act, 1881," and section 6 of "The Native Land Laws -Amendment Act, 1883"). - -Regarding the proclamation of Native districts the County of Waipa is -practically a Native district, and if the Natives desired such a form -of local government as the Counties Act affords, there would be no -difficulty in granting their request by the Colonial Parliament. What, -however, the petitioners desire is really the setting-up of a -Parliament in certain parts of the North Island which would not be -under the control of the General Assembly of New Zealand. Seeing that -in the Legislative Council and the House of Representatives the -Natives are represented by able chiefs, and that they have practically -no local affairs to look after that cannot be done by their -Committees--local bodies recognised by the Government--Ministers do -not deem it necessary to point out the unreasonableness and absurdity -of such a request. - -Ministers have not deemed it necessary to go seriatim through the -allegations of the petition and show their unsubstantiality. A former -Premier, Sir Frederick Whitaker, specially dealt with a petition very -similar to the one now under consideration (see memorandum, 12th -December 1882, addressed to His Excellency the Governor, in Appendix -to the Journals of the House of Representatives, A-6, page 5); and a -former Native Minister, Mr. Bryce, wrote a memorandum referring to the -alleged ill-treatment of the Maoris (see memorandum for His -Excellency, 11th January 1884, A-1, page 11, in Appendix, vol. i., -1884). The despatch of Your Excellency, No. 9, of the 1st March 1884, -forwarding the memorandum of Mr. Bryce, also combated the statements -of the Maori chiefs who had petitioned. - -Ministers do not consider that there is any allegation in this -petition that has not been before the Imperial Government, replied to -by the colony, and dealt with before. - -ROBERT STOUT. - -WELLINGTON, _March 12, 1885_. - - -_The Right Hon. the Earl of Derby to Sir W. F. D. Jervois_ - -DOWNING STREET, _June 23, 1885_. - -SIR--I have the honour to acknowledge the receipt of your Despatch, -No. 39, of the 28th of March, transmitting a memorandum from your -Ministers in reference to the memorial of the Maori chiefs, which was -presented on the occasion of the interview which took place at this -office on the 23rd July 1884. - -I request that you will inform Tawhiao and the other chiefs who signed -the memorial that, as stated in the letter to them of the 13th August -last, the attention of the Government of New Zealand was called to the -representations which it contains, and that the reply of your -Advisers--a copy of which I request you to transmit to them at the -same time--has been received and considered by Her Majesty's -Government. - -The questions to which the memorial relates have also been discussed -in the House of Commons with many expressions of sympathy for the -Maori race, and of belief that their interests and their customs would -be guarded and respected by the Government of New Zealand. The -feeling, at the same time, appeared to be general that while the -Government of the Queen in this country has no longer its former power -and responsibility in regard to the internal affairs of New Zealand, -it should use its good offices with the Colonial Government with the -view of obtaining for the Natives all the consideration which can be -given to them. - -I trust that all who sympathise with and wish well to the Maoris will -agree that it is most important for them to understand clearly that -under the present Constitution of New Zealand the government of all -Her Majesty's subjects in the islands is controlled by Ministers -responsible to the General Assembly, in which the Natives are -efficiently represented by persons of their own race, and that it is -no longer possible to advise the Queen to interfere actively in the -administration of Native affairs any more than in connection with -other questions of internal government. I observe, however, with -satisfaction that it is in contemplation to increase the number of the -Native representatives. - -Although, therefore, Her Majesty's Government cannot undertake to give -you specific instructions as to the applicability at the present time -of any particular stipulations of a treaty which it no longer rests -with them to carry into effect, they are confident--as I request that -you will intimate to your Ministers--that the Government of New -Zealand will not fail to protect and to promote the welfare of the -Natives by a just administration of the law, and by a generous -consideration of all their reasonable representations. I cannot doubt -that means will be found of maintaining to a sufficient extent the -rights and institutions of the Maoris without injury to those other -great interests which have grown up in the land, and of securing to -them a fair share of that prosperity which has of necessity affected -in many ways the conditions of their existence.--I have, etc., - -DERBY. - -Governor Sir W. F. D. Jervois, G.C.M.G., C.B., etc. - - -_Sir W. F. D. Jervois to Tawhiao_ - -GOVERNMENT HOUSE, WELLINGTON, _August 27, 1885_. - -To Tawhiao. - -The Petition which was signed by you, Major Te Wheoro, Patara te Tuhi, -Topia Turoa, and Hori Ropihana, and presented to the Secretary of -State when you were in England was forwarded by him to me, accompanied -by a letter asking for any statements which the Government of New -Zealand might desire to make respecting the matter. I wrote back to -the Secretary of State, and enclosed a memorandum from the Government -of New Zealand. The Secretary of State has again written to me, and -requested me to send to you copies of these letters. I therefore -enclose translations. - -You will see from the last letter of the Secretary of State that he -says that the Government of all Her Majesty's subjects in New Zealand, -Maori as well as European, is controlled by Ministers responsible to -the Parliament at Wellington, in which there are Maori representatives, -and that the Government in London cannot interfere in the internal -affairs of the colony.--From your Friend, - -WM. F. DRUMMOND JERVOIS. - - -_The Right Hon. the Earl of Derby to Sir W. F. D. Jervois_ - -DOWNING STREET, _September 11, 1884_. - -SIR--I have the honour to submit to you a copy of a letter -addressed to me by Tawhiao, the Maori King, on his departure for New -Zealand after his recent visit to this country. - -You will be so good as to inform Tawhiao that I duly received and that -I appreciate his friendly farewell salutations.--I have, etc., - -DERBY. - -Governor Sir W. F. D. Jervois, G.C.M.G., C.B., etc. - - -_Tawhiao to the Right Hon. the Earl of Derby_ - -STEAMER "POTOSI," _August 20, 1884_. - -FRIEND--Salutations! Abide there with your friends, your -fellow-nobles, your race, your land: I am returning to my people under -the blessing of God.--From - -TAWHIAO. - -Lord Derby. - - -_The Right Hon. the Earl of Derby to Sir W. F. D. Jervois_ - -DOWNING STREET, _February 3, 1885_. - -SIR--I have the honour to inform you that I have received -from the chief Hori Ropiha a letter dated the 3rd December, expressing -the satisfaction of his tribe--the Ngatikahungunu--at the principles -laid down on the occasion of the interview between the chiefs and -myself at this office, more especially in regard to uniformity of -legislation. - -I request that you will cause Hori Ropiha to be informed that his -statements have given pleasure, and that I do not doubt that any -well-founded complaints on the part of the Maoris will be dealt with -fairly by the Government to which Her Majesty has given over the whole -question.--I have, etc., - -DERBY. - -Governor Sir W. F. D. Jervois, G.C.M.G., C.B., etc. - - -_The Under-Secretary, Native Department, to Hori Ropiha_ - -WELLINGTON, _April 27, 1885_. - -To Hori Ropiha. - -GREETING!--Lord Derby has written a despatch to the Governor -of New Zealand acknowledging the receipt of your letter expressing the -satisfaction of Ngatikahungunu at the principles laid down by you and -Lord Derby in England. Lord Derby also says in his despatch that your -statements have given pleasure, and he feels that the Government of -New Zealand will deal fairly with the most important matters affecting -the Maoris which Her Majesty has given to this Government to -administer. Sufficient.--From - -T. W. LEWIS. - - -_Hori Ropiha to the Under-Secretary, Native Department_ - -WAIPAWA, _July 8, 1885_. - -FRIEND--Greeting! Greeting to you, and all the honourable -members of the Parliament of the colony! - -You have written to inform me of the receipt by the Government of New -Zealand of a despatch from Lord Derby, in which he acknowledges the -receipt of the letter expressing the satisfaction of the Ngatikahungunu -at the principles laid down by us and Lord Derby in England. - -Friend, I did send such a letter to Lord Derby, and the information -contained in Lord Derby's despatch to you is correct--namely, that he -does not doubt that any well-founded complaints on the part of the -Maoris will be dealt with fairly by the Government of New Zealand, to -which Her Majesty has given over the whole question. - -Friend, I am greatly pleased at the receipt of your letter. I was -absent at Mohaka, the Wairoa, and the Mahia, where I went to make -known the principles laid down by us and Lord Derby, in order that my -Maori tribes might hear my report of my visit to England. On my return -from England I addressed the Maoris, and the people of my district -were greatly pleased with what I told them. It is true that they have -joined the Blue Ribbon Army,[199] and keep it faithfully. - -Friend, continue to carry out a policy that will benefit the -Maoris in accordance with what Lord Derby said--namely, that any -well-founded complaints on the part of the Maoris will be dealt with -fairly by the Government of New Zealand--and justify Her Majesty's -action in giving over the whole question to be dealt fairly with by -the Government. - -I know what course of policy would be beneficial to the Maori people -and establish friendly relations. Sufficient.--From your loving Friend, - -HORI ROPIHA. - -To Mr. Lewis. - - -_Tawhiao to Sir W. F. D. Jervois_ - -(Translation) - -WHATIWHATIHOE, _September 21, 1885_. - -FRIEND--Greeting. I have received your letter of the 27th of August, -with the copies of communications from yourself, your Ministers, and -Her Majesty's Government relative to the subject-matter of the -petition from the Maori people that I and my fellow Native chiefs took -to lay before Her Majesty's Government and the people of England. In -your letter you inform us of one only of the words of Her Majesty's -Government--namely, that the government of all Her Majesty's subjects -in New Zealand is controlled by Ministers responsible to the -Parliament. Your so informing us is well. But you did not also inform -us of another important word of the Government of England with -reference to the Maori people--namely, that you should intimate to -your Government that they should protect and promote the welfare of -the Natives by a generous consideration of all their reasonable -representations. Well, we see that these directions from the -Government of England are no mere random words, but have a bearing -upon the petition, which petition your Ministers said had no -significance, and that England would not interfere. Your -communications and those of the Government of England have been -circulated among the Maori people of this Island. - -However, with reference to the statement made by your Ministers that -they do not consider that there is any allegation in this petition -that they have not answered before, I and my fellow Native chiefs -would say, Where are the replies taking exception to those petitions? -And why are they not quoted in connection with this petition for the -consideration of the Native people? And who is it that can say that -the complaints raised in those petitions are similar to those made in -this? - -And, further, with reference to the statement that since 1865 England -ceased to interfere in the management of affairs in New Zealand, and -left them to be managed by the Government of New Zealand, it may be -so. But the Maori people are not aware of the reasons that led their -_Pakeha_ friends to apply to have the sole management of affairs -in New Zealand; and the assent thereto of the Queen's Government was -given without considering the Maori people, or making any inquiries of -them. Because the right of governing and the occupation of the Island -by Europeans dates from the Treaty of Waitangi; and it was left to the -chiefs, the _hapus_ of the Native people, and Her Majesty to -carry out the provisions of the Treaty of Waitangi, which became a -covenant on the descendants. - -And, further, with reference to the statement made by your Ministers -that "there has been no infraction of the Treaty of Waitangi," we -would ask what portion of the Treaty of Waitangi, what _hapus_, -or what chiefs placed the authority over the Native lands under the -Native Land Court, or gave the Europeans the sole power to deal with -Maori lands in that Court, as stated in the paragraph respecting the -Native Land Court in that petition. - -And, further, with reference to the statement respecting the presence -of Native members in the Legislature, the status of those members was -pointed out in the petition: Taking the basis of population, one -Native member is returned for more than twenty thousand persons, -whereas one European member is returned for every five thousand. When, -indeed, have the applications of those members for increased -representation been acceded to by that Parliament? When, indeed, have -the applications of those members to have the grievances of the Native -people redressed been acceded to by that Parliament? When, indeed, -have the applications of those members asking that the Natives should -have the power of administering their own lands been acceded to by -that Parliament? Well, it is seen that the reason why the Government -admitted Natives there (into Parliament) as members was merely in -order that it could be said that Natives dealt with the wrongs now -practised on the Maori people, and in order, too, that such wrongs -should not be looked into, and finally to abolish those members. - -And, further, with reference to the statement made by the Minister -that Kawhia is a Native district: Well, if the Government really -considered it to be such, why, then, did they assume to themselves the -right to do certain acts in that district, such as establishing a -military post on Native lands, which was a menace to the Maori people? - -When, indeed, have the Government paid any heed to the application of -Tawhiao and the people of that district desiring that Tawhiao should -have the management of matters in that district? - -Do you forward a copy of this letter to Her Majesty's Government. -Sufficient. - -KING TAWHIAO. - -His Excellency the Governor. - - -_Sir W. F. D. Jervois to the Right Hon. Colonel Stanley_ - -CHRISTCHURCH, _December 16, 1885_. - -SIR--I have the honour to state that I duly forwarded to -Tawhiao, a copy of your Despatch No. 39, of the 23rd June last, -concerning the Maori chiefs' memorial, presented by them to Her -Majesty's Government whilst in England. - -I have received from him in reply a letter, a translation of which, in -accordance with the request contained in the last paragraph, I -transmit herewith. I have, on the advice of my Ministers, informed him -that there is nothing to add to the communications that have already -been made. - -It is the desire and practice of the Government of this colony to -treat the Native population with the most perfect justice, and, as far -as possible, in the same manner as the other subjects of Her Majesty -in New Zealand. I submit that no good end can be served by prolonging -this correspondence.--I have, etc., - -WM. F. DRUMMOND JERVOIS. - -The Right Hon. Colonel Stanley, M.P. - - -_Sir W. F. D. Jervois to Tawhiao_ - -CHRISTCHURCH, _December 16, 1885_. - -SIR--I have the honour to acknowledge the receipt of your -letter of the 21st September last with reference to your petition to -Her Majesty. I do not think there is anything to add to the -communications that have already been made. I have, as you requested, -forwarded a copy of your letter to Her Majesty's Government.--I have, -etc., - -WM. F. DRUMMOND JERVOIS. - -To Tawhiao, etc. - - -_Tawhiao to Sir W. F. D. Jervois_ - -WHATIWHATIHOE, _December 22, 1885_. - -To the Governor of New Zealand. - -GREETING!--I am not quite certain about the copies of the -letters from your Government and Her Majesty's Government that you -forwarded to me on the 27th day of August 1885, in Maori only. I am -very desirous that you should send me copies of the same in English, -which would be right. Sufficient.--From your friend, - -KING TAWHIAO. - -The Governor, Wellington. - - -_The Under-Secretary, Native Department, to Tawhiao_ - -WELLINGTON, _January 29, 1886_. - -FRIEND TAWHIAO--Greeting. His Excellency the Governor has forwarded to -Mr. Ballance the letter you wrote to him on the 22nd December, in -which you asked that copies in English of the despatches from Lord -Derby, the Governor, and the Government of the colony might be -supplied to you, and by direction of Mr. Ballance, I forward copies of -those despatches by the mail.--From your friend, - -T. W. LEWIS. - -Tawhiao, Whatiwhatihoe, _via_ Alexandra, Waikato. - - -_The Right Hon. Colonel Stanley to Sir W. F. D. Jervois_ - -DOWNING STREET, _February 2, 1886_. - -SIR--I have the honour to acknowledge the receipt of your -Despatch No. 127, of the 16th December, forwarding a translation of a -letter which you had received from Tawhiao in reply to one founded on -my predecessor's Despatch No. 39, of the 23rd June, in connection with -the memorial of the Maori chiefs. I request that your Government will -cause Tawhiao to be informed that I have read his letter in accordance -with his desire.--I have, etc., - -FRED STANLEY. - -Governor Sir W. F. D. Jervois, G.C.M.G., G.C.B., etc. - - -_The Hon. the Native Minister to Tawhiao_ - -(Translation) - -WELLINGTON, _May 6, 1886_. - -FRIEND TAWHIAO--I have been requested by His Excellency the -Governor to transmit for your information copy of a despatch he has -received from the Right Hon. the Secretary of State for the Colonies -in reference to a letter from yourself. Enough.--From your loving -friend, - -JOHN BALLANCE. - -Enclosure.--Despatch No. 7, of the 2nd February 1886. - - -COPY OF RESOLUTIONS - -The Resolutions herein written were confirmed by the chiefs and -_hapus_ assembled at Whatiwhatihoe on this 4th day of April, in -the year 1886. - -1. That the Treaty of Waitangi shall continue in force, by which the -authority (_mana_) of the chiefs of the Maori people was assured -to them, and which also confirms and guarantees Maori people the -full, exclusive, and undisturbed possession and control of their -lands, and declares that the Maori people shall be maintained in their -rights. - -2. That the powers conferred by the Act of the year 1852 should be -maintained--viz. that a council or councils should be set up, and -invested with power and full authority, and that it shall be lawful -for Her Majesty to authorise such councils. - -3. That the Maori people of Ao-tea-roa (New Zealand) shall act -together under the law above mentioned. - -4. That the Maori committees, authorised by the laws above referred -to, shall be zealous in the performance of their duties. - -5. That no wrong proceedings or operations of the Government towards -the Maori people shall be sanctioned. - -6. That the Native Land Courts Act should be repealed, and that it be -left to the Maoris themselves to adjudicate on their own lands. - -7. That this _runanga_ (council) shall persist in its efforts to -have the directions given by the Government of the Queen to the -Government of New Zealand carried out--viz. that the rights and -interests of the Maori people shall be guarded and respected. (This -resolution was unanimously carried by the _runanga_: "Although -the Government of England has nothing to do with the affairs of New -Zealand, still the Government of the Queen will instruct the -Government of New Zealand to devise some measures whereby justice may -be done to the Maori people and their interests promoted, and that the -Governor should be questioned concerning these instructions from -England.") - -8. That the chiefs attending this meeting be deputed to put the -question to the Governor. - -9. That each tribe should subscribe money for the purchase of a press -to print for circulation reports of what are done and said by the -Maori people. - -10. That power be given to each committee to deal with lands in its -own district. - -These are the Resolutions that were carried. - -King Tawhiao's reply in reference to the Resolutions was: "I thank you -for an assent to the resolutions. I thank you, every one of you, for -your discussions upon those resolutions which have been formed by you -in accordance with your own wishes. I have carefully watched your -discussions. There was but one tendency of all your discussions, which -corresponds exactly with the object I had in view in inviting you to -this meeting. Be zealous in lifting up and in sustaining (measures -for the benefit) of both these islands. Hearken ye! The views held by -the English people in England are precisely the same as those held by -the Maori people in New Zealand." - - -_The Hon. the Native Minister to Tawhiao_ - -(Translation) - -AUCKLAND, _April 17, 1886_. - -FRIEND--I have the honour to enclose you the reply of the -Governor to the resolutions presented by the deputation (sent by you) -to His Excellency on the 9th instant. There is one point in the -resolutions on which I desire to offer an explanation. In the -translation of Lord Derby's despatch made in the Native Department in -Wellington some of the terms are incorrectly rendered. A correct -translation has been made and handed to Major Te Wheoro. The despatch -itself is in your possession, and there can be no doubt of its -meaning, which is fully explained in the memorandum of His -Excellency.--From your friend, - -J. BALLANCE. - -To Tawhiao. - - -_Memorandum from Sir W. F. D. Jervois to the Hon. the Minister for -Native Affairs_ - -The enclosed replies to certain questions submitted to me in a -memorandum from several Maori chiefs who waited upon me on the 9th -instant with a view of laying before me resolutions passed at a Native -meeting previously held at Whatiwhatihoe are transmitted to the -Minister for Native Affairs for communication to the chiefs concerned. - -In forwarding the paper to the chiefs, I request that you will inform -them that I was greatly pleased at the loyal sentiments expressed by -them at their interview with me towards Her Most Gracious Majesty the -Queen, as well as the confidence they exhibited towards myself as her -representative. I also beg that you will convey to Tawhiao, and all -the chiefs concerned, how much I rejoice at the cordial feeling they -exhibit towards the Government of New Zealand. - -W. F. DRUMMOND JERVOIS. - -GOVERNMENT HOUSE, AUCKLAND, _April 14, 1886_. - - -MEMORANDUM RELATING TO RESOLUTIONS PASSED AT A NATIVE MEETING HELD -AT WHATIWHATIHOE ON THE 4TH APRIL 1886. - -Referring to the Resolutions in the order submitted in a paper laid -before His Excellency the Governor by a deputation of Maori chiefs on -the 9th April: 1. The Treaty of Waitangi vested the _mana_ in Her -Majesty the Queen, and secures to the Natives their land. That treaty, -in its essential elements, has been faithfully kept by the colony. A -modification was made in it by which the Natives obtained the right of -selling their lands to persons outside the Government, whereas under -the treaty the Government had the sole right of purchasing Native -lands. This modification, the only one made in the treaty, was, -however, introduced at the request of the Maoris themselves. The -rights of the Maori people have been carefully preserved. - -2. This appears to refer to section 71 of the Constitution Act, where -reference is made to Native councils. It must be observed, however, -that the section is not mandatory, as will be seen from the clause -itself, and from such terms as, "it may be expedient," and "should for -the present be maintained." Local self-government has been extended to -the Native people in the form of Committees under the Act of 1883. -These Committees have power to ascertain titles to Native lands, and -to hear and decide civil cases by agreement, and, in fact, may be said -to be Courts of Arbitration. Their usefulness is being proved, and a -large majority of the Native people appreciate them and are using -them. It has been found by experience, however, with regard to titles -to land, that there is often great jealousy of the committees, and -that the Natives prefer to have the land adjudicated on by the Land -Courts. (This remark applies also to Resolution 6.) If any other form -of Maori council than that which now exists is desired under the -clause of the Constitution Act referred to, it can only be obtained by -Act of Parliament of New Zealand. - -No observations are necessary to Resolutions 3, 4, 5, 8, and 9. - -7. This Resolution apparently refers to Lord Derby's despatch of the -23rd June 1885, but does not convey a correct impression of the terms -of that document. No directions are contained in the despatch. Lord -Derby expressly says that "under the present Constitution of New -Zealand the government of all Her Majesty's subjects in the islands is -controlled by Ministers responsible to the General Assembly, in which -the Natives are efficiently represented by persons of their own race, -and that it is no longer possible to advise the Queen to interfere -actively in the administration of Native affairs, any more than in -connection with other questions of internal government." The -resolution states that there is an "instruction" contained in the -despatch; but there is none. On the contrary, Lord Derby expressly -recognises the right of the New Zealand Government to deal with the -internal affairs of the colony without interference. The words of Lord -Derby, where he refers to the Native people, are as follows: "It (the -Imperial Government) should use its good offices with the Colonial -Government with the view of obtaining for the Natives all the -consideration which can be given to them." The particular request that -Lord Derby makes, and it is only in the nature of a request, is "that -the Government of New Zealand will not fail to protect and to promote -the welfare of the Natives by a just administration of the law, and by -a generous consideration of all their reasonable representations." He -adds, "I cannot doubt that means will be found of maintaining to a -sufficient extent the rights and institutions of the Maoris without -injury to those other great interests which have grown up in the land, -and of securing to them a fair share of that prosperity which has of -necessity affected in many ways the conditions of their existence." -The policy advocated by Lord Derby has been and is being carried out. -A proof of this is to be found in the fact that an overwhelming -majority of the Natives are satisfied with the administration of their -affairs by the Government of New Zealand. - -JOHN JERVOIS, Private Secretary. - -Signed by order of His Excellency the Governor. Government House, -Auckland, 14th April 1886. - - -In the Court of Appeal of New Zealand. - -TAMIHANA KOROKAI AND OTHERS _v._ THE SOLICITOR-GENERAL - - 1912. - July 23, 24, 25. - Oct. 7. - - C.A. - - Coram. - Stout, C.-J. - Williams, J. - Edwards, J. - Cooper, J. - Chapman, J. - - Skerrett, K.C., Morison and Fell for the plaintiffs. - Solicitor-General (Salmond) and Ostler for the defendant. - -STOUT, C.-J.--This is a special case stated pursuant to Rule 245 of -our Code of Civil Procedure. Neither party, however, asks that all the -questions framed in the case should be answered. Indeed both ask that -some of the questions should not be answered. The point in dispute -between the parties is a narrow one. The plaintiff contends that he -has a statutory right to go to the Native Land Court claiming under -the Native Land Act a freehold title. The Solicitor-General contends -that if he, as Solicitor-General, says the land, that is the bed of -Lake Rotorua, is Crown land that concludes the matter, and the Native -Land Court cannot proceed to make any inquiries as to whether the land -is native customary land. That is the matter in contention, and it -appears to me that it is the only question that this Court has at -present to decide. - -It may be necessary to refer very shortly as to how the question has -arisen. In 1835 there were many English people settled in the most -northerly part of New Zealand. English Church Missionaries had been -there for some years, they landed first in 1814; and there were -traders and whalers and others that had made New Zealand their home. -One called Charles Baron de Thierry, in Marquesas, claimed that he was -sovereign chief of New Zealand. He so informed Mr. James Busby, who -had been appointed British Resident in New Zealand, and Mr. Busby -thereupon took steps to deny any such sovereignty. He and other -English residents saw the Native chiefs and they formed what was -called a Confederation. The thirty-five head chiefs or heads of tribes -in the most northern parts of New Zealand, that is all the country -lying north of the Firth of Thames, joined in a declaration that -New Zealand was an independent state under the name of the "United -Tribes of New Zealand." Mr. Busby sent a copy of this declaration to -the Under-Secretary of State in London, and Lord Glenelg, the -Secretary of State for the Colonies, wrote to the Governor of New -South Wales regarding the declaration. The Governor was directed to -inform the chiefs "With reference to the desire which the chiefs have -expressed on this occasion to maintain a good understanding with His -Majesty's subjects, it will be proper that they should be assured in -His Majesty's name that he will not fail to avail himself of every -opportunity of showing his goodwill and of affording to those chiefs -such support and protection as may be consistent with a due regard to -the just rights of others, and to the interests of His Majesty's -subjects." - -Meantime the eligibility of New Zealand as a colony was being -discussed both in New South Wales and in England, and ultimately in -1840 Captain Hobson, R.N., was despatched to New Zealand with two -commissions, one as British Consul, and the other as Lieutenant-Governor. -He reached the Bay of Islands on the 29th of January 1840, and on the -5th and 6th of February the Treaty of Waitangi was signed by many -chiefs, then assembled at Waitangi in the Bay of Islands. The treaty -states, _inter alia_: "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 confederated and -independent chiefs of New Zealand to concur in the following articles -and conditions." - -Then follow three articles. The first article deals with the cession. -It is as follows: "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." - -The second and the third articles are as follows: "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, and 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." The third is as follows: -"(3) 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." - -Copies of the treaty were taken to various parts of both islands, and -the chiefs throughout New Zealand signed it, and to the present day -the treaty is regarded as their Magna Charta. The Lieutenant-Governor -on the 21st May 1840 issued a proclamation, proclaiming and declaring -that after the date of the treaty the full sovereignty of the North -Island of New Zealand vested in Her Majesty, Queen Victoria, her heirs -and successors for ever. - -A further proclamation was issued on the same day proclaiming and -declaring that all the Islands of New Zealand vested in Her Majesty, -that is, including all country between 34° 30´ north to 47° 10´ south -latitude and between 166° 5´ to 179° east longitude. A mistake was -made in this proclamation in that it proclaimed from 34° 30´ north -instead of as was intended 34° 30´ south. The ground of the -proclamation over the South Island was that of discovery. Since then -it has been recognised that the lands in the islands not sold by the -natives belonged to the natives. All the old authorities are agreed -that for every part of land there was a native owner. Two authorities -may be cited. Bishop Selwyn said as follows: "Three points then seem -to be clear on this subject: (1) That there was originally a distinct -owner for every habitable spot in the Northern Island: (2) That these -claims have been complicated by the obvious causes of inheritance and -marriage without forms of conveyance or bequest: (3) That the rights -of ownership whether in one or many joint proprietors were not -alienable without the consent of the tribe." - -The late Sir William Martin, formerly Chief-Justice of New Zealand, -said: "So far as yet appears the whole surface of the islands, or as -much of it as is of any value to man, has been appropriated by the -natives, and, with the exception of the part they have sold, is held -by them as property. Nowhere was any piece of land discovered or heard -of (by the commissioners) which was not owned by some person or set of -persons.... There might be several conflicting claimants of the same -land: but however the natives might be divided amongst themselves as -to the validity of any one of the several claims, still no man doubted -that there was in every case a right of property subsisting in some -one of the claimants. In this Northern Island at least it may now be -regarded as absolutely certain that, with the exception of lands -already purchased from the Natives, there is not an acre of land -available for purposes of colonisation, but has an owner amongst the -Natives according to their own customs." - -The Governor and the Legislature of New Zealand accepted this -position, and numerous ordinances and acts of Parliament have been -passed to enable the Maoris to transmute their customary title into -freehold. The position all along assumed has been that the lands are -vested in the Crown, and until the Crown issues a freehold title the -customary titles cannot be recognised; but that the Crown will give to -all who prove that the land was theirs a freehold title. The Crown has -not assumed that land could be taken or kept by the Crown from the -Natives, unless the natives ceded their rights to the Crown. Thousands -of purchases in both islands have been made by the Crown, and -thousands of deeds of cession are in existence. The reason why the -Crown did not recognise any title in the land till a grant from the -Crown had issued is dealt with in the classic judgment of the late Mr. -Justice H. S. Chapman, delivered in 1847 in the case of Reg. _v._ -Symonds, and in the judgment of the then Chief-Justice Sir William -Martin, who agreed with the judgment of Mr. Justice Chapman. After -their judgments, the Imperial Parliament in the New Zealand -Constitution Act (15 and 16 Vict. c. 72, sec. 73) recognised the -native title. Section 73 of that Act is as follows: "It shall not be -lawful for any person other than Her Majesty, her heirs and -successors, to purchase or in any wise acquire or accept from the -aboriginal Natives land of or belonging to, or used or occupied by -them in common as tribes or communities, or to accept any release or -extinguishment of the rights of such aboriginal Natives in any such -land as aforesaid: and no conveyance or transfer, or agreement for the -conveyance or transfer of any such land, either in perpetuity or for -any term or period, either absolutely or conditionally, and either in -property or by way of lease or occupancy, and no such release or -extinguishment as aforesaid, shall be of any validity or effect, -unless the same be made to, or entered into with and accepted by Her -Majesty, her heirs or successors. Provided always that it shall be -lawful for Her Majesty, her heirs and successors, by instructions -under the signet and royal sign manual, or signified through one of -Her Majesty's Principal Secretaries of State to delegate her -powers of accepting such conveyances or agreements, releases, or -relinquishments, to the Governor of New Zealand, or the superintendent -of any province within the limits of such colony, and to prescribe or -regulate the terms of such conveyances or agreements, releases or -extinguishments shall be accepted." - -That the Crown in New Zealand recognised that it could not treat the -Native land--that is, the land over which the Natives had not given up -their rights of cession--as Crown in the fullest sense is plain from -various things done: (1) In 1862 the first Act to provide for the -ascertainment of the ownership of Native lands, and for granting -certificates of title therein, and for regulating the disposal of -Native lands was passed. The preamble is as follows: "Whereas by the -Treaty of Waitangi entered into by and between Her Majesty and the -chiefs of New Zealand, it was among other things declared that Her -Majesty confirmed and guaranteed to the chiefs and tribes of New -Zealand and the respective families and individuals thereof the full, -exclusive, and undisturbed possession of their lands and estates, -which they collectively or individually held so long as it should be -their desire to retain the same: And it was further declared that the -chiefs yielded to Her Majesty the exclusive right of pre-emption over -such lands as the proprietors thereof might be disposed to alienate: -And whereas it would greatly promote the peaceful settlement of the -colony and the advancement and the civilisation of the Natives if -their rights to land were ascertained, defined, and declared, and if -the ownership of such lands when so ascertained, defined, and declared -were assimilated as nearly as possible to the ownership of land -according to British law: And whereas with a view to the foregoing -objects, Her Majesty may be pleased to waive in favour of the Natives -so much of the said Treaty of Waitangi as reserves to Her Majesty the -right of pre-emption of their lands, and to establish Courts and to -make other provision for ascertaining and defining the rights of the -Natives to their lands, and for otherwise giving effect to the -provisions of the Act: And it is expedient that the General Assembly -of New Zealand should facilitate the said objects by enacting such -provisions as are hereinafter contained." - -(2) When the natives committed rebellion or were guilty of -insurrection, a special Act was passed allowing the Governor in -Council to take their lands. See _inter alia_ the New Zealand -Settlements Act, 1863. A few of the sections may be cited: "2. -Whenever the Governor in Council shall be satisfied that any Native -tribe or section of a tribe or any considerable number thereof has -since the first day of January 1863 been engaged in rebellion against -Her Majesty's authority, it shall be lawful for the Governor in -Council to declare that the district within which any land being the -property or being in the possession of such tribe or section or -considerable number thereof shall be situate, shall be a district -within the provisions of this Act, and the boundaries of such district -in like manner to define and vary as he shall think fit." - -"3. It shall be lawful for the Governor in Council from time to time -to set apart within any such district eligible sites for settlements -for colonisation, and the boundaries of such settlements to define and -vary." - -"4. For the purposes of such settlements the Governor in Council may -from time to time reserve or take any land within such district, and -such land shall be deemed to be Crown land, freed and discharged from -all title interest, or claim of any person whomsoever as soon as the -Governor in Council shall have declared that such land is required for -the purposes of this Act, and is subject to the provisions thereof." - -Section 5 provided for compensation to persons whose land has been -taken, provided that they had not been in rebellion. - -(3) Before Native land was treated as Crown land, open for sale and -settlement, proclamations were generally made so declaring the land -open. See, for example, section 6 of the Immigration and Public Works -Act, 1873, and section 247 of the Land Act, 1885. - -It is not necessary to point out that if the Crown in New Zealand had -not conserved the Native rights and carried out the treaty a gross -wrong would have been perpetrated. Since the recognition of the Native -rights so often made, there may have been interference by legislation -with Native land, both before and after the ascertainment of title. -If, however, there were such interferences, they have been based on -the theory of eminent domain. There have been statutes passed -providing how Native lands may be leased, but a similar kind of -interference has been witnessed in the United Kingdom in the case of -the Irish Land Acts and the Scottish Crofters' Statutes. Such -interferences did not destroy the title of Natives. Native lands and -freehold lands belonging to persons of the white race have also been -taken under such a theory when it appeared it was for the interest of -the State to do so. In such cases compensation has been awarded. To -interfere with Native lands, merely because they are Native lands, and -without compensation, would of course be such an act of spoliation and -tyranny that this Court ought not to assume it to be possible in any -civilised community. - -The decision of _Wi Parata v. Bishop of Wellington_, 3 J.R., -N.S., S.C. 72, does not derogate from that position. It only -emphasised the decision in _Reg. v. Symonds_, that the Supreme -Court could take no cognisance of treaty rights not embodied in a -statute, and that Native Customary Title was a kind of tenure that the -Court could not deal with. In the case of _Tamaki v. Baker_ -(1901), A.C. 561, the Judicial Committee of the Privy Council -recognised, however, that the Natives had rights under our statute law -to their customary lands. - -The Native Land Act, 1909, has various sections dealing with the -customary land of the Maoris (sections 84, 85, 86, and 87). What was -the need of such sections if a declaration by a law officer of the -Crown was all that was necessary to say that the land claimed as -Customary Native Land was Crown Land? Section 88 is significant in -this connection. It states "(1) for the purpose of recovering -possession of customary land from any person in wrongful occupation -thereof, and for the purpose of preventing any trespass or other -injury thereto, or of recovering damages for any such trespass or -injury, all such land shall be deemed to be Crown Lands within the -meaning of the Land Act, 1908. (2) No action or other proceeding, -other than a proceeding by or on behalf of the Crown under the last -preceding subsection, shall be brought in any Court by any person for -the recovery of the possession of customary land, or for damages or an -injunction in respect of any trespass, or injury to such land." -Sections 90 and 91 show that the customary titles are recognised: -section 90 reads: "The Native Land Court shall have exclusive -jurisdiction to investigate the title to customary land, and to -determine the relative interests of the owners thereof." Section 91 is -as follows: "Every title to and interest in customary land shall be -determined according to the ancient custom and usage of the Maori -people, so far as the same can be ascertained." Section 92 shows the -jurisdiction of the Native Land Court. Formerly there was something -more required than an order of a Native Land Court to make an -effective title. At one time His Excellency the Governor had to sign a -Crown grant and at another time a certificate of title. - -I am of opinion that the Native Land Act recognises that the Natives -have a right to their customary titles. There are in my opinion only -three things that can prevent the Native Land Court entering on an -enquiry as to such customary title. - -(1) A proclamation of the Governor under a statute, such as has been -provided in many Acts, and is so provided in section 85 of the Native -Land Act, 1909. - -(2) A prohibition by the Governor under section 100 of the Native Land -Act, 1909. - -(3) Proof that the land has been ceded by the true owners or that a -Crown grant has been issued. - -I know of no statutory authority that the Attorney-General as -Attorney-General or the Solicitor-General as Solicitor-General has to -declare that the land is Crown land. The Attorney-General and the -Solicitor-General are both high officers of State. They are legal -officers, and they can appear as solicitors or counsel for the Crown, -but there their functions and powers end. Their statement as to what -is Crown property unless made in accordance with some statutory power, -is of no avail. If in an action they put in a plea to that effect, it -would have to be proved like any other pleading of a party to the -action. The Solicitor-General has failed to cite any authority that -the mere statement of the legal adviser of the Crown, or the Crown's -Attorney or Solicitor-General, was to be taken as a true averment -without proof. - -What the customary title to the bed of Lake Rotorua may be must be -considered and determined by the only Court in New Zealand that has -jurisdiction to deal with Native titles--the Native Land Court. At -common law there may be an ownership of the bed of navigable rivers or -lakes that are non-tidal. See Kent's _Commentaries_, vol. iii. p. -427, note (_d_). The case of _Mueller v. Taupiri Coal Mines, -Ltd._, 20 N.Z.L.R. 89, turned on the effect of a grant under the -Land Acts. - -I am of opinion that it is not necessary specifically to answer the -questions put, but only to say that the plaintiff and his people have -a right to go to the Native Land Court to have their title -investigated, and that the Native Land Court can only be prevented -from performing its statutory duty, first, under the Native Land Act, -secondly, on proof in that Court that the lands are Crown Lands freed -from the customary title of the Natives, or, thirdly that there is a -Crown title to the bed of the lake. - -WILLIAMS, J.--The contention of the Solicitor-General is that in all -cases where land is claimed by natives to be held by them under their -customs and usages, and they seek to have their titles ascertained by -the Native Land Court, and a title in fee simple granted to them, the -Solicitor-General, by virtue of the prerogative right of the Crown, -and apart from any statutory authority, could at any time step in and -prevent proceedings being taken or continued. The arguments in support -of this contention are that when New Zealand was annexed to Great -Britain all the land in New Zealand became vested in the Crown, by -virtue of its prerogative; that the Treaty of Waitangi is binding only -upon the honour of the Crown, and can be disregarded at the discretion -of the Crown; and that, although there may be a statutory recognition -of the Native title, there is no such statutory recognition as would -operate as against the Crown. Even if these arguments were sound it by -no means follows that the contention of the Solicitor-General can be -supported.... There is nothing in the Governor's commission or in the -Royal instructions which expressly authorises him to interfere on -behalf of the Crown to prevent the exercise of rights given to natives -by the statute law of the Dominion. Has he then, by virtue of his -commission, an implied power so to interfere?... There is a special -reason why the power now claimed should not be implied. The power now -claimed is by an act of state to disregard rights given by statutes -which have been passed to carry out treaty obligations binding upon -the honour of the Crown. If the Crown has this power, it is exercised -on the advice of the responsible Minister of the Crown. Whether it -should be so exercised or not is a matter affecting the honour of the -Crown, not merely as the Sovereign of this Dominion, but as the -Sovereign of the British Empire. It was with the Sovereign of the -British Empire that the Treaty of Waitangi was entered into. Whether -Imperial obligations should or should not be observed is a matter of -Imperial concern for the responsible advisers of the Crown in Great -Britain to decide upon and not for the advisers of the Governor here, -unless the power of deciding has been expressly delegated to the -Governor. Even if the power had been so delegated the Court would -properly require some evidence beyond the mere statement of the -Attorney- or Solicitor-General that the authority of the Crown was -being exercised.... I agree with the conclusion arrived at by His -Honour, that rights given to natives by statute to have their -customary titles determined can only be divested in the manner -prescribed by statute. The rights given to natives by sections 90 to -93 inclusive of "The Native Land Act, 1909," to have a legal estate in -fee simple in possession vested in the persons found to be entitled -are rights expressly given against the Crown. If these sections do not -bind the Crown they are meaningless and inoperative. The Crown is a -party to the statute. It is difficult to see how, when rights which -expressly affect pre-existing rights of the Crown are created by -statute, the Crown upon the passing of the statute can disregard the -rights so created, and exercise its pre-existing rights as if the -statute had not been passed. - -EDWARDS, J.--In support of his contention that the bed of the lake -cannot be the subject of a Native title under Maori customs and -usages, the Solicitor-General relies upon the inherent improbability -that there was any intention, either by the Treaty of Waitangi or by -the statutes relating to native lands, to recognise any such right. To -hold that there is such a right would be, the Solicitor-General -contends, to destroy the right of navigation in all non-tidal waters -to the great detriment of the public. Such considerations might well -have induced those responsible for the Treaty of Waitangi to have so -framed that document as to preclude any claim by natives to the -exclusive possession of land covered by navigable non-tidal waters. It -may even be suggested that the words of the treaty, which guarantee to -the Maoris "the full, exclusive, and undisturbed possession of their -lands and estates, forests, fisheries, and other properties," were -intended to reserve to the natives merely the right to fish in -non-tidal waters, without recognising in them any property in the land -covered by such waters. It is quite possible--indeed not -improbable--that there never was any Maori custom or usage which -recognised any greater right in land covered by navigable non-tidal -waters than this. That is a question which neither the Supreme Court -nor this Court can determine. If there never was any such custom or -usage prior to the Treaty of Waitangi, then the Crown will get the -advantage of that when that question has been determined by the Native -Land Court, or in the last resort by the Judicial Committee of the -Privy Council. But if there was such a custom or usage, the treaty, so -far as it is effective, is sufficient to preserve it. The treaty, like -every other instrument, must be construed in accordance with the plain -legal significance of the words used, and the Courts cannot speculate -as to whether or not those words were used in another sense not -apparent upon the face of the instrument, or necessarily to be -inferred from the subject with reference to which they are used. A -lake, in contemplation of the English law, is merely land covered by -water, and will pass by the description of land. _Bristow v. Cormican_ -(3 A.C. 641); _Johnston v. O'Neill_ (1911, A.C. 552). Whatever rights -were conserved to the Maoris by the Treaty of Waitangi were fully -recognised by "The Native Lands Act, 1862," which recited the treaty, -and was enacted with the declared object of giving effect to it.... In -my opinion it is clear that if the Crown desires to set up its title, -as a bar to the investigation by the Native Land Court in its ordinary -jurisdiction of claims by natives, it must either be prepared to prove -its title, or it must be able to rely upon a proclamation in -accordance with the terms of the 85th section of "The Native Land Act, -1909." - -COOPER, J.--I have had the advantage of reading and considering the -judgment of His Honour, the Chief Justice, and, upon substantially the -same grounds as are expressed by His Honour in that judgment, I have -arrived at the same conclusion. - -I have very little to add. - -"The Land Act, 1908," contains the statutory provisions regulating the -administration of Crown lands in New Zealand. In respect of Native -lands, section 2 brings within the category of Crown lands only those -"Native lands which have been ceded to His Majesty by the Natives on -behalf of His Majesty, or otherwise acquired in freehold from the -Natives on behalf of His Majesty, or have become vested in His Majesty -by right of his prerogative." - -Customary lands owned by natives, which have not been ceded to His -Majesty or acquired from the native owners on behalf of His Majesty, -cannot in my opinion be said to be land vested in His Majesty by right -of his prerogative. It is true that, technically, the legal estate is -in His Majesty, but this legal estate is held subject to the right of -the natives, recognised by the Crown to the possession and ownership -of the customary lands, which they have not ceded to the King, and -which His Majesty has not acquired from them. - -Section 338 of the Act draws a clear distinction between Native lands -and Crown lands. Under subsection (1) of that section, where the -Governor is satisfied that Native lands have been acquired by the -Crown, he shall by proclamation declare such lands to be Crown lands, -and under subsection (2), when such lands have been so acquired, he -may give effect to any stipulation in the instrument of sale or -transfer to His Majesty for the reservation to the natives of any part -of such lands, and may reserve or grant such portions in manner -required by the natives. - -Section 88 of "The Native Land Act, 1909," which has been referred to -by His Honour also, recognises that these lands are not "Crown lands." -They are only deemed to be Crown lands for the one purpose, namely, -that if any person is in possession of or trespassing upon, or -injuring the lands against the interest of the Native owners, then, -for the purpose of protecting the Native owners the Crown may under -the Land Act take proceedings against such wrongdoers. Even this -provision is a guarded one, for subsection (3) of that section -expressly provides that nothing in it contained shall take away or -affect any jurisdiction conferred upon the Native Land Court. - -CHAPMAN, J.--I agree with the judgments which have been read. It has -been argued that the Treaty of Waitangi was an international treaty -entered into with chiefs having the sovereignty. The contrary opinion -was pronounced by the Supreme Court in _Wi Parata v. The Bishop of -Wellington_ (3 N.Z. Jur. N.S. 72). The terms employed and the mode -of execution of the treaty leave it at least an open question whether -it was so regarded at the time. It professes to be made with certain -federated chiefs and certain chiefs who are not federated, but it does -not state over what territories they exercised authority, though the -text of the treaty seems to suggest that it was contemplated that it -should be made with several chiefs who might possibly be regarded, and -were provisionally and hypothetically treated as sovereigns of their -respective territories. Later it became a matter of general knowledge, -derived, I presume, from maps prepared pursuant to section 21 of "The -Native Land Act, 1873," that there are eighteen or twenty tribes in -New Zealand. If that be so the numerous signatories of the Treaty of -Waitangi can hardly be described as sovereign chiefs. I agree that if -they had been explicitly so declared by Her Majesty's government, or -had been so treated in a course of political transactions that would -have been sufficient to make them so, and that their numbers and their -individual unimportance would not have rendered this impossible, -provided that in each case there was a sovereign to a territory. -_Hemchand Devchand v. Azam Sakaral Chhotamlal_ (1906, A.C. 212). -The whole current of authorities shows, however, that the question of -the origin of the sovereignty is immaterial in connection with the -rights of private persons professing to claim under the provisions of -the treaty of cession. _Cook v. Sprigg_ (1899, A.C. 572). Such a -treaty only becomes enforceable as part of the municipal law if and -when it is made so by legislative authority. That has not been done. -The sense in which the treaty has received legislative recognition I -will refer to later.... From the earliest period of our history, the -rights of the natives have been conserved by numerous legislative -enactments. Section 10 of 9 and 10 Vict. cap. 103, called an Act to -make further provision for the Government of the New Zealand Islands -(Imperial, 1846), recognises the laws, customs, and usages of the -natives which necessarily include their customs respecting the holding -of land. Section 1 of 10 and 11 Vict. cap. 112, called an Act to -promote colonisation in New Zealand and to authorise a loan to the New -Zealand Company (Imperial, 1847), recognises the claims of the -aboriginal inhabitants to the land. To the same effect is the whole -body of colonial legislation. The expressions "land over which the -Native title has not been extinguished" and "land over which the -Native title has been extinguished" (familiar expressions in colonial -legislation), are both pregnant with the same declaration. In the -judgment of the Privy Council in _Nireaha Tamaki v. Baker_ (1901, A.C. -561), importance is attached to these and similar declarations in -considering the effect of colonial legislation. There the whole of the -legislation from the date of the constitution is summarised. This -summary includes the principal colonial Acts. Referring to section 5 -of "The Native Rights Act, 1865," their Lordships say: "The -Legislation, both of the Imperial Parliament and of the Colonial -Legislature is consistent with this view of the construction of 'The -Native Rights Act,' and one is rather at a loss to know what is meant -by such expressions as 'Native title,' 'Native lands,' 'owners,' and -'proprietors,' or the careful provision against sale of Crown lands -until the Native title has been extinguished, if there be no such -title cognizable by the law, and no title therefore to be -extinguished." I might refer further to less precise but equally -important expressions, such as "tribal lands," in "The Native Land -Act, 1873," section 21. The various statutory recognitions of the -Treaty of Waitangi mean no more, but they certainly mean no less than -these recognitions of native rights. - -[195] Tawhaki, the God-man, whose name frequently occurs in all the -ancient mythology of the Maori race. - -[196] Rain and wind--figurative expressions denoting wars and tumults. - -[197] Te Wherowhero Potatau, the first Maori king. - -[198] Tawhiao, the second Maori king. - -[199] A Total Abstinence organisation. - - -THIS RELIC OF THE TREATY CAME INTO THE AUTHOR'S POSSESSION AFTER -THE VOLUME WAS PRINTED AND IS NOW INSERTED AS A SUPPLEMENT. - -_No te 30 o nga ra o Hanuere, 1840_ - -_E taku hoa aroha,_ - -_Tenei ano taku ki a koe; na, tenei ano tetahi kaipuke manawa kua u -mai nei, me tetahi Rangatira ano kei runga, no te Kuini o Ingarani ia, -hei Kawana hoki mo tatou. Na, e mea ana ia, kia huihuia katoatia mai -nga Rangatira o te Wakaminenga o Nu Tireni, a te Wenerei i tenei wiki -tapu e haere ake nei, kia kitekite ratou i a ia. Koia ahau ka mea atu -nei ki a koe, e hoa, kia haere mai koe ki konei ki Waitangi, ki taku -kainga ano, ki tenei huihuinga. He Rangatira hoki koe no taua -Wakaminenga tahi. Heoi ano, ka mutu taku._ - -_Naku,_ - -_Na tou hoa aroha,_ - -_Na te PUHIPI._ - -_KI A TAMATI WAKA NENE._ - -TEXT OF THE INVITATION SENT TO TAMATI WAKA NENE TO ATTEND THE -MEETING OF CHIEFS AT WAITANGI, 5TH FEBRUARY, 1840. - -(ORIGINAL IN THE AUCKLAND MUSEUM). - - -TRANSLATION - -(By H. M. STOWELL). - -_Of the 3Oth day of January, 1840._ - -_O my dear friend._ - -_Herewith something special from me to you. A Man-o-war vessel has -called here particularly, with a certain Chief on board. He is sent by -the Queen of England, as a Governor for us._ - -_Now, he desires that as many representative New Zealand chiefs as -possible be gathered together by Wednesday of next week to see him._ - -_I now therefore say unto you, O friend, make your arrangements to -come along here to Waitangi, to my home here, to this gathering and -meeting. For you yourself are a typical representative chief and will -be welcomed to the meeting as such._ - -_That is all, mine ends here,_ - -_From your sincere friend,_ - -_From Te PUHIPI (Mr. Busby)_ - -_To Tamati Waka Nene._ - - - - -BIBLIOGRAPHY - - -The following authorities have been consulted during the compilation -of this work, and will serve as a useful bibliography of the treaty:-- - - A Chapter in the History of New Zealand. Sir W. Fox. 1883. - Adventure in New Zealand. E. J. Wakefield. 1845. - An Appeal on Behalf of the Ngatiraukawa Tribe. T. C. Williams. 1873. - Ao Tea Roa (Long White Cloud). W. P. Reeves. 1898. - Appendix to Twelfth Report of New Zealand Company. 1844. - Aureretanga. G. W. Rusden. 1888. - Australia and New Zealand. A. Trollope. 1873. - Authentic and Genuine History of the Signing. Rev. W. Colenso. 1890. - Britain of the South. C. Hursthouse. 1857. - British Colonisation of New Zealand. Aborigines Protection Society. 1846. - Christian Mission to the Aborigines of New Zealand. Rev. J. Warren. 1863. - Correspondence with Earl Grey. Wesleyan Mission Committee. 1848. - Early History of New Zealand. Brett Publishing Co. 1890. - Early History of the Catholic Church in Oceania. Bishop Pompallier. 1888. - England and the New Zealanders. Sir W. Martin. 1847. - Extracts from Final Report. G. Clarke. 1846. - Facsimiles of Treaty of Waitangi. H. H. Turton. 1877. - Forty Years in New Zealand. Rev. J. Buller. 1878. - Governor Gordon and the Maori. Sir R. Stout. 1883. - Handbook for Emigrants. Dr. J. Bright. 1841. - Handbook to New Zealand. E. J. Wakefield. 1848. - Heke's War. Rev. R. Burrows. 1886. - History of Early Colonising of New Zealand. H. T. Kemp. 1901. - History of New Zealand. Alfred Saunders. 1896. - History of New Zealand. G. W. Rusden. 1883. - Judgments of Court of Appeal in re _Tamihana Korokai v. - The Solicitor-General_. 1912. - Judgments of Mr. Justice Chapman and Sir William Martin, C. J., - in re _Regina v. Symonds_. 1847. - King Country, The. J. H. Kerry-Nicholls. 1884. - Kohimarama Conference, Proceedings of. 1860. - Letters from New Zealand. Dr. Martin. 1845. - Life and Times of Patuone. C. O. Davis. 1876. - Life of Archdeacon Henry Williams. H. Carleton. 1874. - Life of Rev. J. H. Bumby. Rev. A. Barrett. 1852. - Life of Bishop Selwyn. Rev. H. W. Tucker. 1879. - Life of Captain James Cook. Rev. A. Kippis. 1788. - Life of Lord John Russell. J. Reid-Stuart. - Life of Rev. Samuel Leigh. Rev. A. Strachan. 1863. - Life of Sir George Grey. W. L. and L. Rees. 1892. - Manawatu Purchase Completed. T. C. Williams. 1867. - Maori English Tutor. H. M. Stowell. 1913. - Maori History. Lieut.-Col. M'Donnell. 1887. - Maori King, The. Sir John Gorst. 1864. - Maori Record (Newspaper). 1906. - Memoir of Rev. R. Davis. Rev. J. D. Coleman. 1865. - Narrative of United States Exploring Expedition. Commander Wilkes. 1845. - New Zealand. Alexander Kennedy. 1873. - New Zealand. Charles Terry. 1842. - New Zealand. Dr. R. G. Jameson. 1841. - New Zealand and its Aborigines. W. Brown. 1845. - New Zealand and its Colonisation. W. Swainson. 1859. - New Zealand and the War. W. Swainson. 1867. - New Zealand Gazette (Newspaper). 1840. - New Zealand Journal. 1840-1848. - New Zealand Revisited. Sir John Gorst. 1908. - New Zealand Year Book. 1912. - Notes on Early Life in New Zealand. Rev. G. Clarke. 1903. - Notes on Maori Matters. Mr. Justice Johnston. 1860. - Old New Zealand. F. E. Manning. 1863. - Parliamentary Debates (English), vols. 81-82. 1845. - Parliamentary Papers (English). 1839-1848. - Personal Narrative of Visits to New Zealand. Dr. Marshall. 1836. - Proceedings of the Royal Colonial Institute. January 1883. - Remarks on New Zealand. Captain R. Fitzroy. 1846. - Remarks on New Zealand. W. Brodie. 1845. - Reminiscences of a Veteran. Col. T. Bunbury. 1861. - Reminiscences of the War in New Zealand. Lieut. Gudgeon. 1879. - Romance of a Pro-Consul. James Milne. 1899. - Sketches in New Zealand. James Cowan. 1901. - Story of New Zealand. Dr. A. S. Thompson. 1859. - Te Ika a Maui. Rev. Richard Taylor. 1855. - The Aborigines' Friend, pp. 139-157. - The New Zealanders and their Lands. D. Coates. 1844. - The New Zealand Question. L. A. Chamerovzow. 1848. - The War in New Zealand. Sir W. Fox. 1860. - Voyage to the South Pole, vols. viii. and ix. Dumont D'Urville. - Waitara War--Numerous Pamphlets relating thereto. - - -_Printed by_ R. & R. CLARK, LIMITED, _Edinburgh_. - - [Illustration: MAP OF THE BAY OF ISLANDS] - - [Illustration: MAP OF CLOUDY BAY] - - - - - - -End of Project Gutenberg's The Treaty of Waitangi, by T. 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