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The Treaty of Waitangi; or, how New Zealand became a British Colony

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2017
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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 - Meaning that he was the representative of the central district.] 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 - The writing of the treaty.]

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 - 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.]

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 - 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.] 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 - 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.] 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 - "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.] 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 - 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.] 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 - 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."] 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 - 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.]

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 - These were Kaikoura and Taiaroa. The identity of this Taiaroa is not clear.] 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 - There were two American and two French whalers at the anchorage here at the time.] 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 - 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."] 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 - Popularly known amongst the whalers as "Jordy Bolts."] 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 - 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.] 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.
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