The Treaty of Waitangi; or, how New Zealand became a British Colony
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 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
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1
On one occasion when Lord John Russell was asked by a French Diplomat how much of Australia Britain claimed, he promptly replied, "The whole of it."
2
As indicating the state into which society had fallen it may be mentioned that one Master of a trading vessel who had no muskets to sell, gave a chief a packet of corrosive sublimate wherewith to destroy his enemies. To correct this condition of affairs a proclamation was published in the New South Wales Government Gazette in 1814 appointing the Rev. Mr. Kendall and the chiefs, Ruatara, Hongi and Korokoro, Magistrates at the Bay of Islands, for the purpose of suppressing outrages. This authority was subsequently revoked as being illegal.
3
"The Rev. Mr. Kendall has received a commission to act as a Magistrate, but it does not appear that he possesses the means of rendering effective assistance to the natives against the oppressions of the crews of European vessels, and of controlling in any degree the intercourse that subsists between them." – Commissioner Bigge to Earl Bathurst, 1823.
4
This practice was prohibited by the Governor of New South Wales by Proclamation, on November 9, 1814.
5
Edward Doyle underwent the extreme penalty of the law at Sydney for a burglary committed at the Bay of Islands on June 18, 1836, the sentence being imposed under a statute of George IV.
6
The Wesleyan mission in New Zealand originated in a visit made to this country in the year 1819 by the Rev. Mr. Leigh, a missionary of the Wesleyan Society then stationed in New South Wales. He made the visit for the benefit of his health on the recommendation of the Rev. Mr. Marsden.
7
Petition sent to King William through Mr. Yate, per Colonial Secretary of New South Wales, November 16, 1831.
8
The French were called by the natives "the tribe of Marian" after Captain Marian du Fresne, who met his untimely death at their hands in 1772. To show that these fears were not altogether unfounded, it may be mentioned that the French ship La Favourite anchored in the Bay of Islands the day after the petition was signed.
9
He afterwards became Earl of Ripon.
10
Mr. Busby's father had been appointed in 1823 as a Mineral Surveyor and Civil Engineer for the colony of New South Wales, by Earl Bathurst, and Mr. Busby accompanied him as a settler, taking with him capital to the extent of about £1000. At the time of his appointment Mr. Busby was Collector of Internal Revenue and a Member of the Land Board of New South Wales.
11
The Bill was not passed, because it was found that Parliament was legislating in a "foreign country," and this it has no power to do.
12
Mr. Busby's difficulties in this connection were considerably increased by the fact that when British subjects were accused they frequently sheltered themselves under the American flag, saying, "We are Americans, you have no right to interfere with us." – Captain Fitzroy.
13
"After ardent spirits were introduced in the neighbourhood of Hokianga the Christian natives themselves became so sensible of the evils resulting from the use of them, that under the influence of the Missionaries the chiefs assembled and agreed to certain regulations, the effect of which was to prohibit the introduction and sale of ardent spirits. Those regulations received the sanction of the Governor of New South Wales, and were for a time partially carried into effect. Our Missionaries have transmitted a copy of the resolutions adopted at a meeting of the natives at Hokianga for the formation of a Temperance Society. Those resolutions were signed by fifteen native chiefs. One chief who was present declined for a time, but at length he agreed, and also signed them. Another chief remarked that it would be desirable that wine and porter should also be prohibited, for if they were allowed the English would say when the rum casks came that they were wine and porter, and by that means spirits would continue to be smuggled into the river. The later accounts give us reason to fear that notwithstanding these regulations spirits continued to be introduced there in defiance of the laws made by the native chiefs." – Rev. Dr. Beecham before Committee of House of Lords.
14
The British Admiralty agreed to respect and protect the New Zealand ships' registers after the National flag had been hoisted.
15
Korero = talk, debate, discussion.
16
Dr. Marshall, surgeon of H.M.S. Alligator, mentions that during his visit to the district he had become interested in a chief named Hau, who, prior to the voting, asked the Doctor for his opinion, on the designs. The Doctor favoured the one ultimately chosen, and Hau "having discovered how my taste lay, paid me the compliment of adopting it, and canvassed others for their votes also." This influence in all probability decided the election. After cession of sovereignty to the Queen in 1840 this flag was of course superseded by the Union Jack as a National ensign. It was then adopted by the Shaw Savill & Albion Shipping Company, and is now flown by them as their house flag.
17
Kororirori was a mixture of flour and water, sweetened with sugar, of which the natives had become very fond. While the feast was in progress word came that Pomare had arrived at the Bay at the head of a large armed party. Mr. Williams was sent to enquire why he had brought arms to a peaceable gathering? He replied, "It is New Zealand custom," and then added, "The Rangatira from the warships have their swords, and we ought not for shame to be without our guns," an observation which left little room for an effective rejoinder. Pomare, who was a great stickler for etiquette, was offended because he thought he had not been properly invited, and took this method of showing his displeasure. He was however soon placated by the Missionary.
18
Vide his despatch of November 21, 1834.
19
The Baron has been described as a crotchety enthusiast rather than a knavish schemer.
20
Nēne gave him 5000 acres, which was subsequently reduced by quarrels and quibbles to 1000 acres.
21
Sir George Gipps, Governor of New South Wales, in succession to Sir Richard Bourke, in a despatch dated August 1840, speaks of the Declaration, as entirely a measure of Mr. Busby's concoction, and designates it "a silly as well as an unauthorised act – a paper pellet fired off at the Baron de Thierry."
22
The chiefs who signed this document were thoroughly representative of the tribes residing between the North Cape and the latitude of the River Thames.
23
Dr. Jameson concludes his unalluring picture, by the statement: "It is to the Missionary labour only that we can justly attribute the abolition of infanticide, polygamy, and the atrocities of native warfare which have disappeared before the dawn of Christianity."
24
This claim is still the subject of negotiation between the British and United States Governments.
25
Probably the Wentworth Purchase.
26
The deed confirming this transaction is now in the Hocken Collection at Dunedin.
27
"The Missionaries have been successful, but I think a greater effect might be given to them if their minds were relieved from those secular things which press upon them on behalf of their children. If they could devote their lives to the service of Christianity instead of trying to better the condition of their own children. At present they are cultivating their land. To use the words of the Rev. Henry Williams – They are just holding on for their children, seeing no other prospect for them than the cultivation of those lands. They cannot send them home to England, for that would be too expensive; New South Wales would not be desirable for them, and this is their only chance." – Evidence of Mr. John Flatt (formerly a catechist of the C.M.S.) before a Parliamentary Committee.
28
This war, it is said, arose through some one on board the Roslyn Castle carrying off a native woman of high rank to sea. Her friends at Kawakawa accused the people of Kororareka of killing and eating her in satisfaction of an old feud. This they denied, but a war ensued, 1500 fighting men being engaged, the war continuing for several months, eighty being killed.
29
In 1821 Mr. Henry Goulburn, by direction of Earl Bathurst, informed R. M. Sugden that his Lordship "did not feel he had any power of approving any particular encouragement to the establishment of a colony in New Zealand." In 1822 Earl Bathurst informed Thomas England and Messrs. Taylor and Upton that no encouragement was given by the Government to settlers to proceed to New Zealand. In the same year Mr. John Thomson, A.M., Edinburgh, offered to found a colony of 50 sober men, 100 Sepoys, and 100 convicts, as "the inhabitants of New Zealand are just in that state of civilisation to be made useful." In November 1823 Lieutenant-Colonel Nicolls, an ex-Indian officer, made a proposal to Earl Bathurst to establish a colony of military pensioners. In the following month Baron de Thierry's scheme was brought under the notice of the Government. The year 1825 saw the first New Zealand Company established. Colonel R. Torrens, who afterwards did such good work in South Australia, applied in 1826 for the command of a military force in New Zealand, and so enable him to "make preliminary arrangements which would facilitate the future colonisation of these islands upon sound economical principles."
30
It was said that at one period of its existence the New Zealand Association could command 42 votes in the House of Commons.
31
Lord Glenelg did not on this occasion urge as an objection that New Zealand was not a part of the British Empire.
32
After the Association was formed into a Company Lord Howick became one of its most ardent supporters.
33
A select Committee of the House of Lords was set up in 1838 "to enquire into the present state of the Islands of New Zealand and of the expediency of regulating the settlement of British subjects therein."
34
"It was only within the last three months that I received a letter from Paisley, stating that if a colony were formed in New Zealand on the principles laid down in our publication in that neighbourhood alone there were a hundred respectable persons – indeed I am not sure the expression was not 'respectable families,' but I have not the letter with me – who would emigrate immediately" (Dr. Hinds before the House of Lords Committee). Mr. G. S. Evans, LL.D., in his evidence stated there was an Association in the West of Scotland consisting of 200 members, and another in the Carse of Gowrie consisting of at least 100 persons, all anxious to emigrate to New Zealand.
35
Vide his letter to Lord Durham, December 29, 1837.
36
"I was the principal founder of the Company and the principal Managing Director from the time of its formation till the summer of 1846, allowing for intervals of absence occasioned by illness and other occupation at a distance from England. My incapacity changed the whole character of the direction of the New Zealand Company's affairs, which then fell into the hands of a few persons in whose minds sound principles of colonisation and colonial government were as nothing compared with pounds, shillings, and pence." – Evidence of E. G. Wakefield before a New Zealand Parliamentary Committee on New Zealand Company's debt – Sessions 1 and 2.
37
For the text of the above Memorandum I am indebted to Mr. R. M'Nab, who copied it from the original in the Record Office, London. Mr. Stephen, who wrote the Memorandum, was, at the time, an officer of the Church Missionary Society.
38
Lord Normanby became Colonial Secretary on February 8, 1839.
39
Vide his letter to Lord Palmerston, December 12, 1838.
40
Captain Hobson had acquired some distinction in the Navy by the capture of a band of pirates in the Mediterranean, the personal bravery displayed by him on that occasion being decidedly meritorious. He was afterwards engaged with the sloop-of-war Rattlesnake, and first attracted political notice by his report to the Government on the state of Society in New Zealand. Major Bunbury, who had considerable personal knowledge of him, describes him as an officer who wrote a good despatch, was fluent of speech, and was not without abilities, but had not the necessary grasp of thought to seize the main point of a question – to separate the grain from the chaff. He was very jealous of his authority and obstinate, particularly as disease made encroachment on his frame and intellect. He was of social habits and had the faculty of making private friends and also of creating public enemies. Mrs. Hobson is described as "an interesting person."
41
This Proclamation was not enclosed amongst the official correspondence delivered to Captain Hobson upon his leaving England, and the deficiency was supplied by one drafted by Sir George Gipps and his Executive.
42
Vide his instructions to Captain Hobson, August 14, 1839.
43
The Journal de Havre was particularly active in discussing New Zealand at this time.
44
It is suggested that the real advocate was Edward Gibbon Wakefield.
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.
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.
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.
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.
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.
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.