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

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 - 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.] 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 - 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.] 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 - 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.] he immediately 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 - "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.] 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 - 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.] 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 - 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.] 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."

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 - The number and extent of the erasures in the original draft indicate that the greatest care was taken in its composition by those concerned.] 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 - "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.]

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 - 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.] 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 - Waitangi signifies "crying water," and there were many people superstitious enough to believe that the choice of this spot was a bad omen.] 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 - The man who stands in the centre of the canoe and gives the time to the rowers.] 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 - 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.]– 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 - 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.] and accompanied by one of his priests[58 - The name of this priest does not seem to have been preserved.] 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 - They were members of the Mounted Police Force which Captain Hobson had brought with him from Sydney.] 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 - Rangatira: Chief, gentleman, one in authority.]

A buzz of comment arose, the natives whispering amongst themselves, "Ko ia anote tino rangatira! Ko Pikopo[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.] 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 - The Revs. Ironside and Warren, of the Wesleyan Mission, arrived at a later hour, with the contingent of Hokianga natives, including Tamati Waaka Nēne; and on the following day they were amongst the witnesses to the signatures.] 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 - Authentic and Genuine History of the Signing of the Treaty of Waitangi, by the Rev. W. Colenso.] "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 - 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."] 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 - A short spear.] 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.

"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 - "Captain Hobson spoke briefly but emphatically and with strong feeling." – Felton Mathew.]

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