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

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 - 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.]. 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 - 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.] 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 - 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.]

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 - "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.] 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 - 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.]

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 - "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.] 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 - 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.] 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 - 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.] 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,