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

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.

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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 Nēne, 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.

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Vide Captain Hobson's despatch to Sir George Gipps, February 5, 1840.

79

The Treaty.

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"Nēne 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.

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"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.

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"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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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 Nēne, 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.

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Afterwards Judge Manning of the Native Land Court, and author of that classic Old New Zealand.