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

Influenced by these considerations, the Missionaries agreed that Captain Hobson should be made aware of the altered position of affairs, but apparently no proper steps were taken to have the information conveyed to him. Consequently when they arrived next morning from their station at Paihia, about one and a half miles distant from Waitangi, the Governor had not yet come on shore. There was also a perceptible diminution in the number of the natives present, several companies, chagrined at their treatment in the scramble for the tobacco on the previous day, having folded their blankets and returned home. Still there were from 300 to 400 squatting in groups here and there, all earnestly discussing the treaty with more or less clarity of comprehension. An hour flew by and yet no sign of the Governor, nor could any movement be detected on board the Herald indicative of his coming.

Noon had arrived but still no Governor, impatience being manifest on every face, when a boat containing two officers was seen to leave the ship. They rowed leisurely across the Bay, and when they reached the landing-place and were told that both natives and Europeans were awaiting the Governor, they were considerably surprised, and explained that "His Excellency certainly knew nothing of a meeting to be held here this day."

Now that it was clear there had been an unfortunate misunderstanding it was not long before communication was held with the ship, and Captain Hobson, accompanied by the officers of his Government, came ashore; but his departure had been so hurried that he came in civilian clothes, having no time to don more of his uniform than his cocked hat. He hurriedly assured those about him that he had not entertained the least notion that a meeting was to be held; that as matters stood he was quite prepared to take the signatures of all the chiefs willing to sign, but that he must still hold the public meeting on the following day as already announced by him.

A move was then made towards the tents by the whole party, closely followed by the natives, who crowded under the canvas with no small excitement and hustle. Some preliminary details – such as the arrangement of tables at which the chiefs could sign – having been completed, the Governor and party then ascended the platform, and Captain Hobson announced that this not being a regularly convened public meeting he could not permit of any discussion on the merits of the treaty. The business, therefore, would be confined to accepting the signatures of those chiefs who were willing and ready to sign.

At this juncture a message came to His Excellency from Bishop Pompallier, stating that he and his priest were at that moment resting in Mr. Busby's house, and were anxious to be present at the meeting. Lieutenant Shortland was immediately despatched to bring the Bishop in, and on his entering he was welcomed and invited to occupy the seat he had filled on the previous day.

The business was resumed by Captain Hobson proposing that Mr. Henry Williams should read the treaty from the parchment on which it had been engrossed, as that which had been submitted to them on the preceding day had been merely the original draft. This office was performed by Mr. Williams, whereupon Bishop Pompallier leaned over to the Governor and asked that the natives might be informed that all who should join the Catholic Church should have the protection of the British Government.

Captain Hobson, with much blandness of gesture and expression,[86 - 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.] replied, "Most certainly," and proceeded to express his regret that the Bishop had not made known his wishes earlier, as in that event the provision "would have been embodied in the treaty."

Turning then to Mr. Williams, he said: "The Bishop wishes it to be publicly stated to the natives that his religion will not be interfered with, and that free toleration will be allowed in matters of faith. I should therefore thank you to say to them that the Bishop will be protected and supported in his religion – that I shall protect all creeds alike."

"I presume the same protection will be offered to all?" remarked Mr. Williams; to which the Governor replied, "Certainly."

"What need, then," asked Mr. Williams, "is there to burden the proceedings with such an announcement if all are to have protection alike?"

To this the Governor replied that as the Bishop was anxious that the announcement should be made, he would feel obliged if Mr. Williams would deliver it to the meeting.

Mr. Williams then proceeded to address the natives: "Na, e mea ana te Kawana" – "Attend, the Governor says." Here, however, he felt the matter was one of such magnitude that he could not afford to treat it in a casual way, and he expressed this opinion to his fellow Missionary, Mr. Clarke, who was standing near him.

"Pray, sir, write it down first, as it is an important sentence," suggested Mr. Colenso.

Mr. Williams, taking pencil and paper, then wrote as follows: "The Governor wishes you to understand that all the Maoris who shall join the Church of England, who shall join the Wesleyans, who shall join the Pikopo, or Church of Rome, and those who retain their Maori practices shall have the protection of the British Government."

This he handed to the Governor, who passed it on to the Bishop, who, having read it, said in English, "Oh yes, that will do very well."

The statement was read to the meeting, and if Mr. Williams is to be accepted as an authority, it was received in silence, the natives not knowing what it meant.[87 - 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.] Bishop Pompallier then rose and, bowing to the Governor, left the meeting.

These preliminaries having been satisfactorily disposed of, the chiefs were as a body invited to come forward and append their signatures to the treaty. To this invitation no one responded for a time, none caring to be the first to take what might prove to be a precipitate step. For several minutes the Maori mind hung in this state of doubt and indecision until Mr. Busby hit upon the expedient of calling upon the chiefs by name. He had prepared a list for his own information of those eligible to sign, and by a fortunate circumstance the name of Hone Heke stood first upon that list. Heke, who had proved himself such a redoubtable advocate of the treaty, came forward frankly enough when thus directly appealed to, and was about to sign, when Mr. Colenso interposed by asking the permission of the Governor to clear up one point upon which grave doubts had been raised in his mind as the result of his mingling with the natives since the earlier meeting. This permission was readily granted, whereupon Mr. Colenso said, "May I ask Your Excellency whether it is your opinion that these natives understand the articles of the treaty which they are now called upon to sign?"

He was proceeding to say that he had that morning arrived at a different conclusion, when Captain Hobson interrupted him with the remark: "If the native chiefs do not know the contents of this treaty it is no fault of mine. I wish them to fully understand it. I have done all that I could to make them understand the same, and I really don't know how I shall be enabled to get them to do so. They have heard the treaty read by Mr. Williams."

"True, Your Excellency," rejoined Mr. Colenso, "but the natives are quite children in their ideas. It is no easy matter to get them to understand – fully to comprehend a document of this kind; still I think they ought to know somewhat of it to constitute its legality. I speak under correction, Your Excellency. I have spoken to some of the chiefs concerning it, who had no idea whatever as to the purport of the treaty."

Here Mr. Busby joined in the discussion by reminding Mr. Colenso that the best answer that could be given to his observation would be found in the speech made yesterday by the very chief about to sign, Hone Heke, who said "the native mind could not comprehend these things; they must trust to the advice of their Missionaries."

"Yes, that is the very thing to which I was going to allude," replied Mr. Colenso. "The Missionaries should do so, but at the same time the Missionaries should explain the thing in all its bearings to the natives, so that it should be their very own act and deed. Then in case of a reaction taking place, the natives could not turn round on the Missionary and say, "You advised me to sign that paper, but never told me what were the contents thereof."[88 - 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.]

Captain Hobson, who had evidently not contemplated this contingency, expressed the hope that no such reaction would take place. "I think," he said, "that the people under your care will be peaceable enough: I am sure you will endeavour to make them so. And as to those that are without, why, we must endeavour to do our best with them."

This attitude on the part of the Governor sufficed to satisfy Mr. Colenso, who had no desire to be contumacious, but having conscientious doubts upon the native grasp of a subject necessarily foreign to their tribal policy, he felt it his duty to give full expression to those doubts, and he thanked His Excellency for having given him the opportunity to do so.

Hone Heke then put his name upon the parchment,[89 - 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.] and as if to answer the objection raised by Mr. Colenso, he told the people in a brief speech that he fully approved of the proceeding, as they all needed protection from every foreign power, and they well knew the fostering care of the Queen of England towards them.

With so propitious a lead there was no further hesitancy on the part of the remaining chiefs, and the process of recording their signatures went merrily on. While it was proceeding, Marupo, a chief of the Whanaurara tribe, and Ruhe, a chief of the Ngatihineira tribe, were busy making violent speeches against the treaty. Both warriors delivered themselves in the style characteristic of their people when they have serious business on hand, running sharply up and down a beaten avenue, gesticulating energetically, stamping their feet, and pouring out their denunciations with a volubility that was difficult to follow. Marupo, who had discarded all his clothing except a piupiu made of reeds which hung round his waist, was especially determined in his opposition, continuing his harangue until voice and body failed from sheer physical exhaustion.

Then realising that his oratory had not turned the tide of public opinion, and that the adoption of the treaty was inevitable, he and his compatriots, appreciating the advantage of being on the popular side, joined the ranks of the signatories and drew their moko[90 - The tattoo marks on their face.] upon the parchment.

Marupo signalised his conversion by shaking hands heartily – even violently – with the Governor, and desired to confirm the new-formed friendship by seizing the Governor's hat, which was lying on the table, and putting it upon his head.

The next of the insurgents to surrender was the versatile but volatile Te Kemara, who, when he had succumbed to the pressure of the popular will, volunteered the statement that he had been influenced in his opposition by the French Bishop, who had told him "not to write on the paper, for if he did he would be made a slave."

The only chief of high standing who was present and had not now signed the treaty was Rewa, but his obduracy was at length overcome, he yielding to the persuasions of his tribal friends, supported by the advice of the Church Missionaries, and when at length he drew his curious hieroglyphics upon the parchment, he too admitted that his opposition had been wholly inspired by the Bishop, who had earnestly interceded with him not to become a party to the treaty.

Captain Hobson, who had apparently recovered from his recent indisposition, appeared to be in the cheeriest of spirits, and as each chief signed the treaty he took him by the hand, and repeating in Maori "He iwi tahi tatou" – "We are now one people" – paid a little compliment to the native race that was hugely appreciated by the recipients.[91 - 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.]

During the course of the morning small contingents of natives had been arriving from distant parts, who had not been present at the previous day's proceedings owing to the unavoidable delay in receiving their summoning circulars, but after brief explanations by their friends, they, without exception, subscribed to the Queen's proposal to give their country a stable Government. Altogether forty-five chiefs signed the treaty on this eventful February 6, but they were for the most part men of only moderate influence, and with the exception of Waaka Nēne, and his brother Eruera Patuone, who hailed from Hokianga, and Kauwhata, Wharau, and Ngere, from Wangaruru, all were resident within the immediate vicinity of the Bay of Islands. Twenty-six of these, however, had signed the much-despised Declaration of Independence five years before, and Captain Hobson so far concluded that their acquiescence in his present mission "must be deemed a full and clear recognition of the sovereign rights of Her Majesty over the northern parts of this Island," that he immediately arranged with Captain Nias to announce the cession on the morrow with a salute of twenty-one guns from the deck of the Herald.[92 - 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.]

Having now concluded the official portion of the business, Captain Hobson, who had conducted the whole of the proceedings with conspicuous patience and ability, left the meeting under a volley of cheers from the natives, which resounded through the hills and across the sunny waters of the Bay.

"In the course of these proceedings," wrote Captain Hobson to Sir George Gipps, "I have courted the utmost publicity, and I have forborne to adopt even the customary measure of propitiating the consent of the chiefs by promises of presents, and not until the treaty was signed did I give them anything. To have sent them home without some acknowledgment would have been a violation of their customs, and would have given offence. I therefore distributed a few articles of trifling value before they separated."

This distribution was entrusted to Mr. Colenso, each chief who had signed the treaty receiving two blankets and a quantity of tobacco, and "by dint of close and constant attention," reports that gentleman, "the said distribution went off well without any mishap or hitch."

Next morning broke with a grey sky and rain so incessant as to dissipate all hope of holding the contemplated meeting. Neither was it deemed advisable under such depressing circumstances to proclaim the event by a Royal salute, so that by a strange perversion of fate, Friday the 7th, which was to have been the day of days, passed off cold, bleak, and uneventful. It was not, therefore, until Saturday the 8th that the proceedings, so far as they had gone, were fully consummated. This was accomplished amidst the floating of bunting and the booming of guns, for upon this bright and sunny day it may be said that New Zealand became a British colony, and what some of us are vain enough to regard as the brightest jewel in Britain's Crown.[93 - The following interesting reminiscences regarding the Treaty of Waitangi are from the pen of Mr. George Elliott-Elliott, who in the year 1841 was Record clerk in the Government service: "This celebrated document, a sort of New Zealand Magna Charta in its importance, is not a single document, but is composed of a number of separate sheets; and, if I remember rightly, some few are of parchment and some of paper – the text is the same in all; these separate sheets were sent to the different tribes and hapus of natives for the signatures of the different chiefs and influential men amongst them. Some of them could write, and signed their names; others affixed their marks, in the shape of what was supposed to be an imitation of the tattoo on their faces. Each of these sheets was in charge of some well-known European, generally some one in connection with the Church of England or Wesleyan Missions, who attested the signatures and remarks of the various persons on the document, and, on completion, returned it to the Government."There is no doubt that this treaty has a mana peculiar to itself, and that the natives regard it with respect. They believe that they have thereby voluntarily given up to the Pakeha a something which is their loss and the Pakeha's gain; but what that something is they are quite unable to define. I feel pretty sure that if, from any accident in the early days, this document had been lost or destroyed, the natives would never have been induced to sign another. That it was once saved from such accident the following will show: In 1841 the Government offices were held in a four-roomed wood cottage in Official Bay, Auckland. The Colonial Secretary, the Audit, the Colonial Treasurer, and the Customs each had one room. Mr. Shortland was Colonial Secretary (the Audit was also under his control), Mr. Cooper was Colonial Treasurer and Collector of Customs. There were four clerks in the establishment – Grimstone in the Treasury, Leech in the Audit, Freeman and myself in the Colonial Secretary's. We were the Government in those prehistoric days. I was called Clerk of Records, and had charge of the various records and papers – not many then – amongst them this Treaty of Waitangi. This, with the seal of the colony, I kept in a small iron box brought from Sydney in the Westminster the year before. I was living in a raupo whare in Queen Street, close to Shortland Street, at that time ('41), when early one morning – I can't remember the precise date – I observed a great body of smoke ascending from Official Bay. I at once ran up Shortland Street, and on reaching the top of the hill found that the Government offices were on fire. When I got to the building one end was in flames and the place full of smoke. I saw that nothing could save the place. I at once tied my handkerchief over my face, got the door open, and rushed into the room which the Colonial Secretary occupied. I could not see for the smoke, and the handkerchief both blinded and choked me. The room was small, and I knew it so well I could put my hand on anything in it blindfold. I at once went to the iron box, unlocked it, took out the Treaty of Waitangi, and the seal of the colony, and ran out again directly. I suppose from the time I entered the building until I left it was not more than a minute, but it seemed an hour. I carried the seal and the treaty to the house of Mr. Felton Mathew (Surveyor-General), which was close by, and gave them into his charge. When I got outside the burning offices several persons had come up, amongst them some seamen from a French man-o'-war, then in harbour. They had a portable fire-engine, but it was useless, for there was no water. Of course the building and its contents were all destroyed, amongst them the iron box from which I had taken the seal and the treaty. The box was made of common sheet iron."I subsequently fastened the different sheets of the treaty together and deposited it in the Colonial Secretary's office, where I presume it has been ever since."To commemorate the signing of the treaty, Mrs. Busby planted the Pohutukawa tree still growing in front of the old Residency (see illustration).The Maoris have also erected a monument on the opposite side of the river, beside what is known as the Treaty House, where they at one time hoped to establish a Parliament of their own. The monument was unveiled by the Hon. William Rolleston, Native Minister, on March 23, 1881.The original documents comprising the Treaty of Waitangi are now in charge of the Department of Internal Affairs.]

CHAPTER V

IN SEARCH OF SIGNATURES

Although Captain Hobson had every reason to be gratified with the result of his mission at Waitangi, it was perfectly obvious that the signatures obtained there were only sufficient to give him jurisdiction over a very circumscribed area of country. It was equally evident that if the full intentions of the British Government were to be given effect to, it would be necessary to put into practice the Mahomedan principle and go to the mountain, since the mountain had failed to come to him. He accordingly arranged a campaign by which the districts north of the Bay of Islands would be visited, either by himself personally, or by his duly accredited officers. Pursuant to this arrangement on the morning of the 10th, the Lieutenant-Governor (accompanied by Captain Nias) and his suite left the Bay of Islands and rode over to the Mission station at Waimate, where on the 12th they held a meeting and obtained the signatures of all the chiefs present. With two of the Church Missionaries, Messrs. Taylor and Clarke, added to his company, Captain Hobson left Waimate next day and continued his journey to Hokianga, where it was anticipated a great meeting would be held. On arriving at Waihou, a settlement on the banks of the river about seven miles above the Wesleyan Mission station, – for he was now within the Wesleyan sphere of influence, – the Governor was met by the members of the Mission and all the principal European settlers in the neighbourhood. Here he received, probably in the form of an address, the warmest assurances of the settlers' fidelity to the Queen, and the most hearty congratulations to himself upon his selection as her representative.

From this point the journey was continued by boats supplied by the settlers, and the progress down the river was marked by frequent evidences of cordiality and even enthusiasm. On passing the settlement at Hauraki a salute of thirteen guns was fired from a miniature fort of European construction, and on arrival at the Mission station the Governor was again the recipient of congratulations from the settlers and the Missionaries.

In response to these graceful felicitations Captain Hobson delivered a brief address, in which he expressed the high sense he entertained of this earnest of their loyal zeal in forwarding the views of Her Majesty's Government, and of the honour they had conferred upon him personally by their flattering attention. At the same time Captain Hobson took occasion to announce that in accordance with notices already published, he proposed to hold a meeting of the chiefs there next day, to which a cordial invitation was extended to the European population of every class and nation.

The novelty of the occasion was not without its influence upon the natives, and upon a careful estimate it is computed that there were not less than 3000 at the station next morning, of whom between 400 and 500 were chiefs of varying rank and importance. Thus everything promised well. But at the hour appointed for the assembly it was observed that there was a great disinclination on the part of the chiefs to associate themselves with the movement. Some were reticent, others morose, more were openly hostile, and that to such an extent it was manifest they were not approaching the subject with unprejudiced minds, and it required no keen observer to detect that an unfavourable spirit prevailed amongst them. By the exercise of a little judicious manœuvring, however, they were at length induced to admit that there could be nothing derogatory in at least hearing what message the Governor had to deliver, and after some delay they were induced to form into procession and march to the place of meeting.

The business of the day commenced in much the same manner as it had done at Waitangi and Waimate, the Rev. Mr. Hobbs, of the Wesleyan Mission, acting as interpreter. After a short address to the Europeans, Captain Hobson entered into a full explanation to the chiefs of the views and motives of Her Majesty in proposing to extend to New Zealand her powerful protection. He then, as on previous occasions, read the treaty, expounded its provisions, offered to elucidate all doubtful points, and invited the freest discussion. "This undisguised manner of proceeding," wrote Captain Hobson to Sir George Gipps, "defeated much of the opposition, but did not, to the extent of my wish or expectation, remove the predetermination to oppose me that had already been manifested. The New Zealanders are passionately fond of declamation, and they possess considerable ingenuity in exciting the passions of the people. On this occasion all the best orators were against me,[94 - 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.] and every argument they could devise was used to defeat my object."

The debate was opened by Aperahama Taonui, who rose and said: "We are glad to see the Governor. Let him come to be a Governor to the Pakehas. As for us we want no Governor; we will be our own Governor. How do the Pakehas behave to the black fellows at Port Jackson? They treat them like dogs! See a Pakeha kills a pig; the black fellow comes to the door and eats the refuse."

"What is the Governor come for?" exclaimed Papahia. "He, indeed! He to be high, very high, like Maungataniwha (a high hill near Hokianga) and we low on the ground; nothing but little hills. No, no, no! Let us be equal; why should one hill be high and another low? This is bad."

Moses (Mohi Tawhai) – "How do you do, Mr. Governor? All we think is that you come to deceive us. The Pakehas tell us so, and we believe what they say; what else?"

Taonui – "We are not good (or willing) to give up our land. It is from the earth we obtain all things. The land is our Father; the land is our chieftainship; we will not give it up."

"No, no," cried Kaitoke; "no, Mr. Governor, you will not square out our land and sell it. See there, you came to our country, looked at us, stopped, came up the river, and what did we do? We gave you potatoes, you gave us a fish-hook; that is all. We gave you land, you gave us a pipe, that is all. We have been cheated, the Pakehas are thieves. They tear a blanket, make two pieces of it, and sell it for two blankets. They buy a pig for one pound in gold, and sell it for three. They get a basket of potatoes for sixpence, sell it for two shillings. This is all they do; steal from us, this is all."

Here the voluble Taonui again broke in upon the proceedings with some observations which were so clearly not of native origin as to convince Captain Hobson that he had not only the natural Maori ignorance and suspicion to contend with, but powerful counter-influences originating with the Europeans.

"Ha, ha, ha, this is the way you do," cried Taonui. "First your Queen sends Missionaries to New Zealand to put things in order, gives them £200 a year. Then she sends Mr. Busby to put up a flag, and gives him £500 a year, and £200 to give to us natives. Now she sends a Governor."[95 - 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.]

"Speak your own sentiments, not what bad men have told you," retorted Captain Hobson.