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

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 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

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

"I do," replied Taonui. "I have not been to Port Jackson, but I know Governors have salaries."

The Governor again felt compelled to interpose, and accused the speaker of being prompted by designing Europeans.

This fact Taonui frankly admitted, and, turning to the assembly, called for his Pakeha adviser to come forward and sustain his allegations. "This call was reiterated by me," says Captain Hobson, "when a person named Manning⁹⁶ presented himself. I asked him his motive for endeavouring to defeat the benevolent object of Her Majesty, whose desire it is to secure to these people their just rights, and to the European settlers peace and civil Government."

Manning's reply was that he conscientiously believed that the natives would be degraded under British rule and influence, and that therefore he had advised them to resist the persuasions of the Governor and the Missionaries in favour of the treaty, admitting at the same time that the laws of England were requisite to restrain and protect British subjects, but to British subjects alone should they be applicable.

"But are you not aware that English laws can only be exercised on English soil?" asked Captain Hobson.

"I am not aware," replied Manning, "I am not a lawyer."

"Then that will do. Resume your seat," commanded Hobson.

The Lieutenant-Governor then proceeded to tell the chiefs that their Pakeha friend had given them advice in utter ignorance of the most important principle that British laws could not be enforced on a foreign soil, and that their only hope of protection against unscrupulous Europeans was to become a party to the treaty.

"If you listen to such counsel," he continued, "and oppose me, you will be stripped of all your lands by a worthless class of British subject, who will consult no interest but their own, and who care not how much they will trample upon your rights. I am sent here to control such people, and to ask from you the authority to do so."

This spirited little speech was responded to by what Captain Hobson has called "a song of applause." Several chiefs who had been silently sympathetic with the Governor now sprang up actively in his support, and by their championship changed the whole spirit of the debate.

"Welcome, welcome, welcome, Governor!" cried Ngaro. "Here are the Missionaries; they come to the land, they bought and paid for it, else I would not have them. Come, Come! I will have the Governor. No one else perhaps will say 'Yes,' but I, Ngaro, I will have him. That is all I say."

Moses (Mohi Tawhai) – "Where does the Governor get his authority? Is it from the Queen? Let him come; what power has he? Well, let him come, let him stop all the lands from falling into the hands of the Pakehas. Hear, all ye Pakehas! Perhaps you are rum-drinkers, perhaps not; hear what is said by us. I want all to hear. It is quite right for us to say what we think; it is right for us to speak. Let the tongue of every one be free to speak; but what of it? What will be the end? Our sayings will sink to the bottom like a stone, but your sayings will float light, like the wood of the Whau-tree, and always remain to be seen. Am I telling lies?"

Kaitoke, who had previously delivered a hostile speech, again openly maintained his opposition by interjecting, "Let us choose our own Governor."

These sentences, democratic though they were to the last degree, found no sympathy with Rangatira Moetara, who followed with a brief speech.

"Welcome, Mr. Governor! How do you do? Who sold our land to the Pakehas? It was we ourselves by our own free will; we let it go, and it is gone, and what now? What good is there in throwing away our words? Let the Governor sit for us."

Moses (Mohi Tawhai) – "Suppose the land has been stolen from us, will the Governor enquire about it? Perhaps he will, perhaps he will not. If they have acquired the land by fair purchase, let them have it."

Taonui, upon whom the refutation of Manning by the Governor had evidently had a marked effect, again rose and said:

"Lo, now for the first time my heart has come near to your thoughts. I approach you with my whole heart. You must watch over my children; let them sit under your protection. There is my land too; you must take care of it, but I do not wish to sell it. What of the land that is sold? Can my children sit down on it? Can they – eh?"

Here the chiefs Waaka Nēne, his brother Patuone, Rangatira, and Taonui stepped forward and chanted a song of welcome to the Governor, after which Nēne made the following speech:

"Listen to me, Governor; all of you listen to me. This is my speech. If the Baron de Thierry wishes to claim my land, why is he not here to-day? No, no; it was never sold to him. Does he think he will have it? No, no; he shall not have any of it. This is all I have to say."

A chief, Hone Kingi Raumati, whose baptismal name was John King, next delivered a sympathetic address: "My speech is to the Governor. This is what I have to say. It was my father, it was Muriwai, told me to behave well to the Pakehas. Listen, this is mine; you came, you found us poor and destitute. We on this side say, 'Stay and sit here.' We say, 'Welcome, welcome'; let those on the other side say what they like. This is ours to you. Stay in peace. Great has been your trade with our land. What else do you come for but to trade? Here am I. I who brought you on my shoulders.⁹⁷ I say come; you must direct us, and keep us in order; that is all mine to you. If any one steal anything now there will be payment for it. I have done my speech."

A chief whose name does not seem to have been preserved by the chronicler of the meeting, but who had support for the Governor in his words, said: "How do you do? Here am I, a poor man; and what is this place? A poor place, but this is why you have come to speak to us to-day. Let the Pakehas come and I have not anything to say against it. There is my place, it is good land; come and make it your sitting-place – you must stay with me. That is all."

The last speech was that of Daniel Kahika: "What indeed!" he said in indignant tones. "Do you think I will consent to other people selling my land? No, truly. If my land is to be sold I will sell it myself. But no, I will not sell my land. I do not like the Pakehas to tease me to sell my land. It is bad. I am quite sick with it. This is my speech."

So closed the debate at Hokianga. Apologies were freely offered by the opposing chiefs, the most prominent of whom at once came forward and signed the treaty.

"When the example had once been shown," wrote Captain Hobson, "it was with difficulty I could restrain those who were disentitled by their rank from inserting their names. Upwards of fifty-six signatures were given,⁹⁸ and at twelve o'clock at night the business closed. Before the last of the party were dismissed it was intimated to me that the chiefs were desirous I should attend their feast on the following morning, and in order to gratify them I relinquished a visit I had arranged to the lower part of the river. At ten o'clock on the 13th I went by appointment to the Hauraki, and there 1000 as fine warriors as were ever seen were collected in their best costume. The native war-dance, accompanied by those terrific yells which are so well qualified to exhibit the natural ferocity of the New Zealand character, was exhibited for my amusement, the guns from a small European battery were fired, and the natives discharged their muskets and dispersed under three hearty cheers for my party. The feast which I had ordered to be prepared, consisting of pigs, potatoes, rice, and sugar, with a small portion of tobacco to every man, was partaken of by all in perfect harmony. It was estimated that of men, women, and children there were 3000 persons present. The influence against me was entirely traceable to the foreign Bishop of the Roman Catholic persuasion, and to a set of escaped convicts and other low ruffians who have congregated on the river in considerable numbers. These parties, though actuated by different motives, were united in their proceedings, and many of the latter were agents of the former. Mr. Manning, whom I have before mentioned, though not of a degraded class, is an adventurer, who lives with a native woman, has purchased a considerable portion of land, and being an Irish Catholic is the active agent of the Bishop. Another person, altogether of a lower description, known under the name of 'Jackey Marmon,' who is married to a native woman, and has resided in this country since 1809, is also an agent of the Bishop. He assumes the native character in its worst form – is a cannibal – and has been conspicuous in the native wars and outrages for years past. Against such people I shall have to contend in every quarter, but I do not despair of arranging matters hereafter with comparative ease. The two points at which I have already met the natives were the strongholds of our most violent opponents, and notwithstanding the untiring efforts of the Bishop Pompallier and the convicts, I have obtained the almost unanimous assent of the chiefs. Of the whole of the Hokianga but two head chiefs refused their consent, and even from their tribes many chiefs have added their names to the treaty. On the morning of the 14th, when preparing to return here, I regret to say that, notwithstanding the universal good feeling which subsisted among the chiefs on the previous day, two tribes of the Roman Catholic Communion requested that their names might be withdrawn from the treaty. It is obvious that the same mischievous influence I before complained of had been exercised in this instance. I did not of course suffer the alteration, but I regret that the credulity of the chiefs should render them so susceptible of unfavourable impressions. I considered that on the conclusion of the treaty at Waitangi the sovereignty of Her Majesty over the whole of the northern district was complete. I can now only add that the adherence of the Hokianga chiefs renders the question beyond dispute. I therefore propose to issue a Proclamation announcing that Her Majesty's dominions in New Zealand extend from the North Cape to the 36th degree of longitude. As I proceed southward and obtain the consent of the chiefs I shall extend these limits by Proclamation until I can include the whole of the Island."

On the day that Captain Hobson had first met the Rev. Henry Williams on board the Herald one of the many subjects they had discussed was the purchasing of a site for the colonial Capital. In this respect the Missionary's geographical knowledge of the north was invaluable, and when asked for his opinion he immediately pronounced solidly against the Bay of Islands where the land was too confined for a potential city. He was, however, enthusiastic about the isthmus at the Waitemata, as being unoccupied by natives, and possessing topographical advantages far in excess of any other known site. It was, therefore, for the dual purpose of inspecting this promising locality, and of meeting the natives at Waitemata, that the Governor and Mr. Williams left the Bay of Islands on February 21 in the Herald. A considerable number of signatures were obtained at various points along the coast of the Hauraki Gulf, and on reaching the mouth of the Waitemata River in the Firth of Thames,⁹⁹ Mr. Williams was despatched to Maraetai to communicate with and collect the natives in that district. As he was returning to the ship four days later he met Captain Nias coming to meet him in his boat. The Captain conveyed to him the disquieting intelligence that on the previous Sunday (March 1) Captain Hobson had been attacked by a violent illness – due to the harassing nature of his duties and to long exposure to wet, resulting in a paralytic seizure¹⁰⁰– so severe as to disable him, and to cause him to seriously contemplate his resignation and return to Sydney.

When the Missionary saw the invalid in his cabin he took a more optimistic view of the situation, and strongly urged Captain Hobson not to determine so hurriedly to relinquish his office as Governor. He further offered to find him comfortable quarters at the Mission station where he could rest and have every care it was possible to provide under the circumstances. These persuasions induced the Governor to fall in with the Missionary's views; the Herald returned to the Bay of Islands, and the patient was conveyed to the house of Mr. Richard Davis at Waimate, where he was attended by the ship's surgeon, Dr. Alexander Lane, and was for several months nursed with the utmost solicitude by the Missionary's family.

During this period of forced inactivity Captain Hobson displayed the greatest anxiety that the interests of his mission should not suffer because of his misfortune, and so far as his energies would permit he daily laid his plans for the carrying on of the campaign which had thus been suddenly interrupted so far as he was personally concerned.

Fortunately he was surrounded by a band of men who were loyal, and enthusiastic in the cause he had come to espouse, and he had no difficulty in enlisting the services of those who were prepared to continue the work where he had been compelled to lay it down. In this respect the Missionaries, confidently relying on the traditional justice of the British Government,¹⁰¹ were particularly zealous, and to them more than to any one else does the ultimate success belong. Had they so much as whispered hostility, the treaty and all its professions would have been rejected and despised. So far from this, they not only lent it the influence of their word, but at this critical stage, when the Governor was lying a stricken man, they became the harbingers of its promises and the apostles of its principles.¹⁰²

To the north went the Rev. Mr. Taylor with Mr. Shortland; to the east the Rev. William Williams, each bearing an authenticated copy of the treaty, and authorised to treat with the principal native chiefs, at properly constituted gatherings, for their signatures and their adherence to the provisions of the national compact.

The meeting in the north, which must rank next in importance to the gatherings at Waitangi and Hokianga, was that conducted by Lieutenant Shortland at Kaitaia. Indeed it is questionable whether in some respects it has not achieved a greater celebrity, for it was here that the eloquent chief Nopera (Noble) coined the phrase which has been more often quoted than any other in connection with the history of the treaty: "The shadow of the land goes to the Queen, but the substance remains with us."

On April 27 Mr. Shortland, who had now become Colonial Secretary, accompanied by the Rev. Mr. Taylor, Dr. Johnston, and Lieutenant Smart of the mounted police embarked on board the little schooner New Zealander, and steering for the far north, touched first at Mangonui, where they obtained the services of a native pilot, and on the following Saturday anchored in the Awanui River, fully sixteen miles from their destination. Mr. Taylor and the Doctor at once left the vessel, and pushed on to the Mission station, there to arrange the preliminaries with Mr. Puckey, the resident Missionary. The Colonial Secretary remained on board the schooner until the Monday, and then with Lieutenant Smart and the members of his force proceeded up the river to Kaitaia, where they were received with volleys of musketry, and the fearsome evolutions of the war dance. From an early hour on the following morning the chiefs and people were astir, busy with the preparations for the meeting, their demeanour being marked by a cordiality which had been so conspicuous by its absence at Waitangi and Hokianga.

At 10 o'clock the people – a motley and vivacious crowd – assembled on a large grass plot in front of Mr. Matthew's house, where they were addressed by the Colonial Secretary, with a solemnity befitting the occasion and a pomposity¹⁰³ which he deemed becoming his station. The illness of the Governor was touchingly referred to as a reason for the speaker's presence; the text of the treaty was read; the purpose of the compact explained; the machinations of the Queen's opponents were denounced, and a promise given that His Excellency would strictly perform all the solemn engagements which the treaty imposed upon him in the name of Her Majesty.

With this important difference, that there was but little opposition, there were few features to distinguish the debate from its predecessors. Several of the speakers boldly stated they had been told that the treaty was nothing but a cunning device to enslave them. There were also dark references to a Nga-Puhi plot to drive the Pakehas into the sea, but to which they unhesitatingly declared they were not prepared to give their countenance,¹⁰⁴ the speeches as a whole breathing deeply the influence of the Missionaries.

The first speaker was a chief who had accepted the baptismal name of Taylor,¹⁰⁵ who appeared to scent trouble, but subsequently signed the treaty under the name of Reihana Teira.

"This is my speech. We have always been gentlemen; we do not want a shepherd. We will not be hindered getting wood; we formerly cleared any spot of land we liked, burnt the wood; then some once came and built a house on it, and then we quarrelled."

"The Pakehas say the Governor comes to take the land," exclaimed a chief whose name has not been recorded. "This is the first time I ever heard the pukapuka (the treaty). The Pakehas explained it differently. Some people say plenty of Pakehas are coming to buy our land, but not for our good. They say the soldiers are come to shoot us, and that the Governor will not be a shepherd for us.¹⁰⁶ They say Mr. Puckey and Mr. Matthew know what is to become of us, but will not tell us. These are my sayings."

William (Wiremu Wirihana) – "They tell us you are come to murder all the Maoris, but if your works are good you will come to preserve us. If you are like the Missionaries that will be good. We fear the soldiers."

In clear and emphatic tones Te Rewiti, to whom has been given the English name of Davis, exclaimed, "I say 'Yes,' I say 'Yes' for the Queen. Although some men say 'No,' for the Governor, I say, 'Yes.' If the Governor come to be our shepherd that is good; but if he come to take our land I will not have him. If you say who makes me say, 'Yes,' I say my own heart. Much land has been bought by the Pakehas. Let it not be said it has been taken by the Governor. It has been taken before. I have nothing more to say. If you have anything to say, say it now, but do not go home and grumble."

"Let all our sayings be one, let none say 'No,'" was the counsel of Forde. "The Governor has not taken our land, it was taken before. My heart and my thoughts are with the Governor. I say, Yes, yes."

Marsden – "We shall not be slaves. Had we gone to other lands we might have been slaves; they have come to protect us. Let not our hearts be dark; let us not listen to words from afar; let us see first. Is it not sin to murder and commit adultery; to tell lies. If what we hear from our teachers is true then what we hear from the Governor is not a lie."

"I have no land to give the Governor," said Toketau (Tokitahi). "We were gentlemen before, we will be greater now. Now we have more blankets, shirts, and trousers. Our houses were once made of rushes; they are better now. I have made my speech."

Busby (Puhipi) – "Before the Pakehas came we loved our own people. We sometimes quarrelled and then made war; then we made peace again and rubbed noses, then we had another battle. I am glad you are come; let our hearts be one. If quarrels happen who will settle them? You are so far off. Murder and theft may be suppressed, but what shall be done with adultery? It is carried on privately; do not let it be said that I hide anything."

Pi (Pihere) – "It will be good to see all the adulterers hanged in a row."

"Will a man be taken up if he walk in the night?" was the pertinent question put by Matiu Tauhara (Mathew). "That is all I am afraid of. If a man steal it is right to punish him. This is all I have to say: Let all the Governors and Pakehas be like the Missionaries, that we be good. We have not been hurt by them."

"If your thoughts are as our thoughts in Christ, let us be one. We believe your hearts to be good. The Pakehas bought all our land, and we have no more," were the words of Matiu Huhu.

The speech of Paratene Waiora (Broughton) concluded those of the minor chiefs.

"There is only one great man," he said, "who cannot be killed, that is the tongue; it often stirs up great wars. My father, Nopera, was sitting in his house reading his Bible when they said he was gone to the north to kill the people. I say send away Pikopo (Bishop Pompallier). Send him back; he is the cause of strife amongst us."

Nopera Panakareao, the most powerful chief in the district, who had accepted the not inappropriate baptismal name of Noble,¹⁰⁷ then rose and delivered the great speech of the meeting – a speech if not the most influential in guiding the native mind at a critical moment it is at least so rich in worldly wisdom, so happy in poetic simile, so full of fervent loyalty, that it has become one of the Maori classics, and deserves to be preserved amongst the finest examples extant of old-time native oratory:

"Here all of you Pakehas and Maoris. This is my speech. My desire is that we should be all of one heart. Speak your words openly; speak as you mean to act; do not say one thing and mean another. I am at your head. I wish you all to have the Governor. We are saved by this. Let every one say 'Yes,' as I do. We have now some one to look up to. Some say it will be the Pakehas who will offend, I say no; it will be the Maoris. My grandfather brought the Pakehas to this very spot, and the chiefs agreed with what my grandfather did. He went on board the ship and got trade. He spread it through the land. Let us act right as my ancestors did. The Pakehas went to the Bay of Islands and were murdered. Let us do them no harm. What has the Governor done wrong? The shadow of the land goes to the Queen, but the substance remains with us. We will go to the Governor and get payment for our land as before. If the Nga-Puhi commit evil they will suffer. We have always been friendly with the Pakehas. We never went in ships to England or Port Jackson to buy arms to kill our countrymen. If you want to be cut off, go and fight the Governor. Do not, like the chiefs at Hokianga, wish to kill the Governor. Live peaceably with the Pakehas. We have now a helmsman, one said, 'Let me steer,' and another said, 'Let me steer,' and we never went straight. Be jealous: look well into your own hearts and commit no evil. The natives did wrong at the Bay and suffered. What man of sense would believe that the Governor would take our goods, and only give us half of it? If you have anything else to say, say it; but if not, finish, and all of you say, 'Yes' – say 'Yes.'"

This oration swept away all vestige of possible opposition as chaff before the wind. No one was bold enough to contend with the redoubtable Nopera, to agree with him were superfluous. The debate therefore abruptly closed with a general exclamation of "Ae, Ae" ("Yes, yes") and the assent and signatures of sixty of the principal chiefs were speedily obtained,¹⁰⁸ so that a few days later Captain Hobson was able to write from his sick-room to the Chief Secretary for the Colonies: "I am happy to report to your lordship that Mr. Shortland succeeded to the fullest extent."