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

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Southward the frigate again sailed, and on June 4 cast anchor in Zephyr Bay, a beautiful inlet at Southern Port, Stewart's Island. Accompanied by Captain Stewart, who was now in latitudes peculiarly his own, Major Bunbury landed next morning, and set out to visit a station in the harbour, distant four or five miles, where for some time Stewart had employed a number of boat-builders, and who, it was hoped, might still be there. Vestiges of their former residence were found but that was all. Their camp was deserted, their industry abandoned, and no sound broke the stillness of the primeval forest save the flick of a bird's wing, or the screech of the brightly plumaged parrakeet.

Several excursions were made to other parts of the island, but no natives were met with, either upon the shores of the sheltered coves, or within the generous shade of the bush, and Major Bunbury returned to the ship for the first time without having added a signature as a trophy in the cause of the Queen's sovereignty.

Aided by his own experience, and fortified by the local knowledge of Captain Stewart, Major Bunbury concluded that the prospect of meeting with any chief in the apparently deserted island was so slight as not to warrant the delay involved in the search. He therefore consulted with Captain Nias, and together they agreed that it would be advisable to proclaim without protraction the Queen's authority over a territory that had impressed them both as being singularly beautiful.135 For this purpose, during the afternoon of the day after arrival, the marines were landed with a party of officers from the ship which had now been moved into Sylvan Bay. Here upon the apex of a small island which becomes a peninsula at low water, the ceremonial forms usual to such occasions were duly observed. The Union Jack was hoisted by Captain Nias and saluted by the marines. A salute was also fired from the guns of the Herald, and after the following declaration had been read by Major Bunbury to the assembled sailors, Stewart's Island became an outpost of the Empire.

DECLARATION OF SOVEREIGNTY OF THE QUEEN OF ENGLAND
OVER STEWART'S ISLAND

The Island called Stewart's Island, New Zealand, situated between the meridian 167° and 168° east of Greenwich, and 46° and 48° south parallel, with all the Bays, Rivers, Harbours, Creeks, etc., in and on the islands lying off, were taken possession of in the name and in the right (by the discovery of the late lamented Captain Cook) for Her Most Excellent Majesty Victoria, Queen of the United Kingdom and Ireland, and Her Majesty's colours were accordingly hoisted at Sylvan Bay, Southern Port, on the 5th day of June 1840, by Captain Joseph Nias, commanding Her Majesty's ship Herald, with a detachment of Royal Marines, and by Major Thomas Bunbury, K.T.S., 80th Regiment, who were commissioned for that purpose.

Done in the presence of us:

Peter Fisher, Lieutenant, H.M.S. Herald; C. Hewitt, Lieutenant, Royal Marines, H.M.S. Herald; James Giles, Purser, H.M.S. Herald; J. H. Shairp, Mate, H.M.S. Herald; William Kelly, Gunner, H.M.S. Herald; John Caseley, Boatswain, H.M.S. Herald; Fred. S. Grey, Volunteer, H.M.S. Herald.

Witnesses.– Joseph Nias, Captain; Thomas Bunbury, Major 80th Regiment (charged with a diplomatic Mission).

On the island eminence, where the sovereignty of the Queen had been declared, the original of this document was buried, enclosed in a bottle – a silent witness to be produced in the contingency of international complications, which were then believed to be by no means remote.

For three days the Herald lay weather-bound, but on Tuesday the 9th the wind shifted to a more favourable quarter, enabling her to leave her anchorage in Sylvan Bay and move over to Ruapuke Island, the home of the greatest of all the Ngati-Tahu chiefs, Tu Hawaiki, more widely known as "Bloody Jack."136 On nearing the land a boat manned by some natives and Europeans came off, and a Mr. Hesketh boarded the Herald and explained that they had been expecting her arrival for some time. He represented himself as the resident agent of Jones & Co., of Sydney, and being on intimate business relations with Tu Hawaiki volunteered to go ashore and bring him off that evening, leaving an English seaman, formerly in the employ of Captain Stewart, to pilot the frigate to an anchorage. Here she lay in proximity to a French and a Portuguese whaler, neither of which had enjoyed a successful season:

The native village, being at some distance from an anchorage ground Mr. Hesketh did not return until late in the evening. The chief Tooiaki (Tu Hawaiki) came on board in the full dress staff uniform137 of a British aide-de-camp, with gold lace trousers, cocked hat and plume, in which he looked extremely well, and his behaviour at Captain Nias's table, when he took tea, showed that the examples he had seen had not been lost upon him. He was also accompanied by a native orderly-sergeant dressed in a corresponding costume. The chief spoke a little English, and appeared to be aware of the nature of the treaty, but which I thought it necessary to have read and explained to him in the presence of Mr. Hesketh, and he signed it without hesitation.138

He said he had at his village twenty men dressed and in training as British soldiers, and was very anxious that Captain Nias should permit them to come on board the following morning and see the marines go through the manual and platoon exercise, which he (the Captain) kindly acceded to. The chief then gave me a paper written in English which he wished me to sign and affirm. It was a declaration that the Island of Ruapuke was his property and that of his tribe, to different individuals to whom he had allotted portions of it. Not wishing that he should conceive that any deception was intended on our part I wrote on the back of the document, "I have seen this paper but am not prepared to give an opinion, or any information on the purport of it. The treaty guarantees the full and exclusive possession of their lands and other properties to the natives." No mention having been made in this document to the title to the Middle Island, although this chief styles himself the principal, I am inclined to suppose it is claimed by some Europeans, I believe by a Mr. Weller, of Sydney. On the chief taking leave, I told him I would return his visit on the morrow, which I accordingly did, accompanied by Lieutenant Hewitt, Royal Marines, and Captain Stewart, to whom the chief was known, Mr. Williams, and an officer from the ship in charge of the boats.

After being carried through the surf by some natives, we were received by the chief in the same scarlet uniform he had worn the day before, and by the sergeant who then accompanied him, at the head of six soldiers dressed in British uniforms, without hats or shoes. The chief took us to his cottage, a weatherboard hut, and offered us rum, of which he appeared to have a good supply, but Mr. Hesketh, to their credit, states that although they are not absolutely temperance men, they seldom get drunk. I was afterwards introduced to his son, a fine boy of about seven years of age, of whom he appears justly proud. The child was dressed in a very becoming manner, and has six toes on each of his feet, which his father seemed to exhibit with much satisfaction. Rauparaha, who is a great warrior, and the mortal enemy of this tribe, is similarly gifted with this unusual addition to his feet. I also received from him a memorandum respecting the register of a small craft between 25 and 30 tons, building at Mauraki (Moeraki), which paper I beg herewith to forward.

 

I was very sorry to learn from the chief that a British subject, named M'Gregor, who had been residing some years in this neighbourhood, had suddenly disappeared with a small craft, taking with him some of this chief's women and kookis (slaves). The vessel is without a name or register, and Captain Nias is in hopes we may be able to meet with her. M'Gregor is reported to be a convict escaped from Van Dieman's Land, and his conduct made the English residing here for some time apprehensive that the chief might retaliate on them and insist on a compensation. An Englishman, a carpenter residing at Otakou (Otago) I hear has been shot by a native when in a state of intoxication, but whether in connection with the above affair or otherwise, I could not satisfactorily ascertain.

Knowing that Captain Nias was anxious to proceed on his voyage, we were obliged to shorten our visit. The chief and his son came off with us, and the sergeant and six of his soldiers, with two other chiefs, came off in two whale boats, a third following with natives bringing potatoes, etc., to the ship. The soldiers of the chief and natives having arranged themselves on deck, the Marines went through the manual and platoon exercise, as had been promised, and afterwards, at my request, Captain Nias permitted a few sailors to go through the sword exercise, which, as I had anticipated, pleased and interested them very much, particularly the "attack" and "defence," the chief frequently calling to his followers to pay attention and see how it was performed.

Whilst the ship was getting under way they took their departure, two other chiefs139 having also been permitted to sign at the request of Tooiaki (Tu Hawaiki). This influential chief is one of the individuals, who (similarly with Rauparaha in Cook Strait) have had sufficient address to gain the ascendency over the chiefs of the neighbouring tribes, without any claim from circumstance of birth.

Such is Major Bunbury's own account of his historic meeting with this singular native, whom he left upon his lonely island in the midst of a windy strait struggling between his native barbarism and an inarticulate craving for civilisation. On the 13th the Herald reached the Otago Heads, but so late in the evening that there was only time to obtain the signatures of two chiefs who resided near the entrance of the harbour.140 Taiaroa was absent at Moeraki, and his son was so far inaccessible that the limits of daylight would not permit of his being reached. The boat, therefore, returned to the ship, and on June 16 she dropped anchor in Cloudy Bay, then the most important centre of European activity in the South Island.

Seven whalers were lying at anchor when the Herald arrived, and the strange admixture of humanity – the venturesome, quarrelsome, quasi-criminal collection – which went to make up a whaling community was forcibly impressed upon Major Bunbury when he landed at Guard's Cove in the evening. The only chief of importance whom he met was old Nohorua, the elder brother of Te Rauparaha, who had with him three younger men, his nephews. Their reception of the Major was cordial enough, but when the subject of the treaty was broached to them they resolutely declined to attach their signatures to it, or to countenance it in any way. This attitude was adopted under the distinct impression that if they signed the document their lands would be taken from them, and considering that their only experience of deeds had been with the Sydney land sharks141 the reservation was, to put it mildly, a natural one.

Not having been successful in securing the immediate concurrence of Nohorua, Major Bunbury left him in the hope that he would fulfil his reluctant promise to visit the ship on the following day, by which time he would have had the opportunity – dear to every Maori – of holding a korero upon the novel suggestion. Early next morning the Major, Mr. Williams, and Captain Stewart set off for one of the neighbouring coves, and here they met with greater success, the chiefs signing without any hesitation when the principles of the treaty had been explained to them. Amongst the various natives whom they encountered was a young chief whom Major Bunbury has called Maui Pu, who, having visited Hobart Town in the warship Conway, had sufficient command of English to converse freely with the Europeans. His sympathies were at once enlisted in support of the treaty, and when the difficulties met with at Guard's Cove were mentioned he expressed no surprise, as the natives had no conception of a deed that did not mean the sacrifice of their land. He, however, offered to go with them and assist at the second interview with Nohorua, and so adroitly did he explain the purport of the second Article that the old chief's objections were at length so far overcome that he agreed to sign provided his signature was witnessed by his European son-in-law, Joseph Toms,142 a whaler who had interests both here and at Porirua.

Though there is no definite information on the point, it is probable that Toms had added his persuasion to those of Maui Pu, as Nohorua's reason for insisting upon the above stipulation discloses the justice of his mind and his desire to fix the responsibility beyond any chance of evasion: "If my grandchildren lose their land, their father must share the blame." The three younger men having no son-in-law on whom to shift the responsibility still postponed the important step until they were aboard the ship.

On returning to the Herald there was a considerable gathering of chiefs awaiting the treaty party, and with the exception of Nohorua's nephews all expressed their willingness to subscribe to the terms of the compact. Not so these young gentlemen, who still held aloof. For their reservation, however, the wife of one of them was anxious to compensate, by demanding the privilege of signing the treaty. She claimed to be the daughter of the great Te Pehi, who was caught in his own trap at Kaiapoi in 1829, and when Major Bunbury politely but firmly declined to permit her the honour, she gave way to a fit of anger, and in a torrent of invective expressed her opinions concerning the Pakeha in general, and Major Bunbury in particular, with a freedom that would have been painful had all her observations been clearly understood.

As an evidence of the persistency with which these people had been harassed about their lands, and the jealousy with which they sought to preserve this class of property, it was noted that they all firmly declined to receive the presents143 which it had now become customary to offer, lest by some quibble it might be construed into a payment for its surrender, and in this attitude they persisted until they had been repeatedly assured to the contrary.

The Rev. Henry Williams having visited Queen Charlotte Sound during the course of his Southern Mission and secured the signatures of the chiefs there, Cloudy Bay thus became the last port in the Middle Island at which the Herald could profitably call. Under these circumstances Major Bunbury consulted with Captain Nias, and they were agreed that it would be advisable to at once proclaim the Queen's authority over the Island as the most effectual means of preventing further dissensions amongst the natives and Europeans.

This resolution was not hurriedly arrived at, for although many important signatures had now been obtained the whole position was so hedged about with intricately interwoven interests that Major Bunbury felt it was something akin to cutting the Gordian knot to take the contemplated step without further consulting the Lieutenant-Governor. Yet view the matter as he would, there appeared no simpler way, for there was every reason to believe that delay would only breed new difficulties, by suspending the establishment of political authority, and by affording other powers time to develop their embryonic claims. The presence, too, of so many vessels at anchor in the harbour seemed to lend opportunity to the occasion, for with their co-operation it was possible to render the declaration of Her Majesty's sovereignty more solemn and imposing, and where it was desired to impress the native mind Major Bunbury realised the advantage of pressing to his service the assistance of this additional theatrical touch.

The decision come to by the Major and Captain Nias was conveyed to the natives while they were still on board, and whether or not they were seized of all that the ceremony involved, they entered with considerable enthusiasm into the spirit of the occasion.

In order to invest the intended declaration with becoming dignity the marines were landed on the little island on which was situated the Horahora-Kakahu pa. There a temporary flagstaff was erected and standing at the foot of it at 2 P.M. Major Bunbury read to the assembled people the following Declaration of Sovereignty.

DECLARATION OF SOVEREIGNTY OVER
TAVAI POENAMMOO (TE WAI-POUNAMU)

This Island called Tavai Poenammoo (Te Wai-Pounamu), or Middle Island of New Zealand, situate between the meridian 166° and 174° 30' east of Greenwich, and 40° 30' and 46° 30' south parallel, with all the Bays, Rivers, Harbours, Creeks, etc., in and on the Islands lying off, having been ceded in Sovereignty by the several independent native chiefs to Her Most Gracious Majesty Victoria, Queen of the United Kingdom of Great Britain and Ireland, the said Island was accordingly taken possession of and formally proclaimed, and Her Majesty's colours hoisted at the pa of Hoikaka (Horahora-Kakahu), Cloudy Bay, under a salute of 21 guns on the 17th day of June 1840, by Captain Joseph Nias, commanding Her Majesty's ship Herald, and by Major Thomas Bunbury, K.T.S., 80th Regiment, who were commissioned for that purpose.

Done in the presence of us: —

Peter Fisher, Lieutenant, H.M.S. Herald; P. L. D. Bean, Master, H.M.S. Herald; C. J. Parker, Acting Master, H.M.S. Beagle; J. H. Shairp, Mate, H.M.S. Herald; Thomas Frazer, Surgeon, H.M.S. Herald; James Giles, Purser, H.M.S. Herald; C. Hewitt, 1st Lieutenant Marines, H.M.S. Herald; F. H. Niblett, 2nd Master, H.M.S. Herald; G. F. Munro, Assistant Surgeon, H.M.S. Herald; Edmund Webber, Midshipman, H.M.S. Herald; John B. Catoo, Midshipman, H.M.S. Herald; H. R. Crofton, Midshipman, H.M.S. Herald; H. W. Comber, Midshipman, H.M.S. Herald; Frederick S. Grey, Volunteer, H.M.S. Herald; William Kelly, Gunner, H.M.S. Herald; John Caseley, Boatswain, H.M.S. Herald; J. Chappels, Carpenter, H.M.S. Herald.

 

Witnesses to Signatures.– Joseph Nias, Captain, H.M.S. Herald, Thomas Bunbury, Major, 80th Regiment, charged with diplomatic Mission; Edward Marsh Williams, Interpreter.

The reading of the Proclamation done, the Union Jack was run up by Captain Nias, and the guns of the Herald began to boom forth the Royal Salute. The yards of the frigate were manned, and the cheers of those grouped round the flagstaff were answered by those on board the man-of-war, the echoes from the surrounding hills being reinforced by the approving shouts of the natives.

The all-important step having now been taken and received with local approbation, the Herald weighed anchor and sailed for Kapiti144. Two days later (June 19), she arrived under the shadow of Te Rauparaha's home. By a fortunate circumstance the great chief, whom Major Bunbury had special instructions to see, was at that moment entering his canoe, preparatory to making an excursion to the Island of Mana. As the Herald's boat was proceeding to the shore the Queen's Commissioner and the chief met mid way, the meeting being of the most cordial nature. Te Rauparaha left his own canoe "in lordly decoration the lordliest far," and returned on board with Major Bunbury in the ship's boat. Here the proceedings of the Rev. Henry Williams were related by the chiefs – how he had explained the treaty, obtained Te Rauparaha's signature, and presented him with the much-prized blanket.

On enquiry being made by Major Bunbury for Te Rangihaeata and Te Hiko, he was informed that both these warriors were at Mana. As this Island lay directly in the route to Port Nicholson, the Herald was put about and her course shaped towards the south. Under a fresh wind the vessel was soon abreast of Mana. The chief and Mr. Williams accompanied Major Bunbury on shore, where they found Te Rangihaeata but Te Hiko was absent on an expedition to the mainland.

No record appears to have been preserved of the negotiations which followed between the representative of the Crown and the two leaders of the Ngati-Toa tribe. Major Bunbury contents himself with informing us that "the chief Rangihaeata, after some time, returned with us on board, accompanied by Rauparaha, when both signed the treaty."

The importance of their discussion is, however, somewhat diminished by the fact that the elder chief had already signed the treaty under the persuasions of the Rev. Henry Williams, but their questions, which were certain to have been shrewd and searching, would have been interesting as revealing their mental attitude towards the proposed innovation. There is a widespread impression, founded upon equally widespread prejudice, that both men were thoroughly insincere145 when they subscribed to the terms of the treaty, and this view is encouraged by the fact that at this time they stood less in need of British protection than any other chiefs of the native race. They were indeed masters of all the territory they claimed. Their immediate enemies had been defeated and crushed, their powerful foes were far distant. There was a gun in the hand of their every warrior, and solidarity in the ranks of their every hapu. So situated they had less to gain by ceding their sovereign rights than others had. Neither is it to be supposed that the advantages of their position were not apparent to themselves, for with their gifts of military command, they combined a state-craft that was of quite an exceptional order. If political considerations entered into the transaction at all, it is more than likely that a presentiment of impending trouble with the New Zealand Company was the governing influence in securing their adherence to the policy of the Crown, and in the light of subsequent events their fears were not unfounded – their foresight was almost prophetic.

While on shore at Mana, the protection of Major Bunbury was solicited by a section of the whaling population against the alleged encroachments of the Maori chiefs in general and Te Rangihaeata in particular. Though clamorous for justice, they were unable to formulate any specific charges against the chief; and after such investigation as was possible under the circumstances, the Major came to the conclusion that the accusers were a set of "drunken, lawless vagabonds," and that so far from their having any just grounds of complaint against Te Rangihaeata, the chief in all probability would have more reason to feel aggrieved towards them.

The Herald's course was now directed to Port Nicholson, and arriving there next day (20th) she anchored inside the Heads, the wind and tide having failed her at a critical moment. Major Bunbury at once left the ship and pulled towards the Thorndon beach, where much to his surprise on landing, he met Mr. Shortland. The presence of Lieutenant Shortland at Port Nicholson at this juncture requires some explanation. Shortly after the departure of Major Bunbury from the Bay of Islands, copies of the New Zealand Gazette, a paper published by the colonists at Port Nicholson, reached the Lieutenant-Governor, and from the columns of this journal, as well as from other well-authenticated sources, he learned that the settlers had set up a system of Local Government consisting of a Council, over which Colonel Wakefield presided, and a bench of Magistrates, who were attempting to levy taxes, and to enforce punishments for breaches of laws enacted by their self-constituted authority.146

To this latter tribunal on April 14 came a Mr. Wade, pleading for protection against the violence of Captain Pearson of the brig Integrity, his allegation being that this rude seaman had not only assaulted him, but threatened to throw him overboard. The law, such as it was, was immediately set in motion, the Captain was arrested and haled before Major Baker, who held the post of District Magistrate. To his other supposed offences, Pearson now added the more heinous one of refusing to recognise the jurisdiction of the Court. He defied the complainant to proceed with his charge, and dared the Magistrate to convict him. For this exhibition of independence he was immediately committed by the irate Magistrate, who could brook no such contempt for his brief authority.

On hearing of the fate of their Captain, the crew of the Integrity flew to arms and pulled to the rescue, but the settlers were loyal to the law and repulsed them. In view of this belligerent attitude on the part of his shipmates, it was deemed safer to incarcerate the recalcitrant Captain on board one of the other ships lying in the harbour, whither he was conveyed, but it is said, "owing to the culpable negligence of the constable in charge," he was permitted to escape.

While the authorities were foolishly dreaming that their victim was safely under lock and key, the Integrity sailed for the Bay of Islands, where Captain Pearson reported, no doubt with advantages, to the Lieutenant-Governor that the settlers at Port Nicholson were "a turbulent set of rebels who were seeking to establish a republic."

The story of the indignant Captain took Governor Hobson completely by storm, and after satisfying himself by reading the latest copies of the New Zealand Gazette147 that it had some foundation in fact he developed a state of anxiety not far removed from panic. It did not take him long, however, to determine how he should act in the emergency.

In the absence of any legal authority to advise him he rather absurdly interpreted the proceedings of the New Zealand Company as acts of high treason, and within an hour had ordered the officer commanding the troops to detach thirty men of the 80th Regiment for duty at Port Nicholson. He also, two days later, dictated a Proclamation in which he denounced the attempt to supersede the authority of the Queen, and called upon all loyal subjects to resume their allegiance to their lawful sovereign.

PROCLAMATION

Whereas certain persons residing at Port Nicholson, New Zealand, part of the Dominions of Her Majesty, Queen Victoria, have formed themselves into an illegal Association, under the title of a Council, and in contempt of Her Majesty's authority, have assumed and attempted to usurp the powers vested in me by Her Majesty's Letters Patent, for the Government of the said Colony, to the manifest injury and detriment of all Her Majesty's liege subjects in New Zealand.

Now, therefore, I, William Hobson, Lieutenant-Governor of New Zealand, command all persons connected with such illegal Association immediately to withdraw therefrom, and I call upon all persons resident at Port Nicholson, or elsewhere, within the limits of this Government, upon the allegiance they owe to Her Majesty, Queen Victoria, to submit to the proper authorities in New Zealand, legally appointed, and to aid and assist them in the discharge of their respective duties.

GIVEN under my hand at Government House, Russell, Bay of Islands, this 23rd day of May in the year of our Lord 1840.

William Hobson,
Lieutenant-Governor.

By command of His Excellency the Lieutenant-Governor,

Willoughby Shortland,
Colonial Secretary.

The exigencies of the circumstances were such as seemed to warrant the taking of even a more decisive step than the despatching of troops to Wellington, and without waiting for a report from Major Bunbury as to the success or failure of his mission, two other proclamations were hastily formulated and published, the one taking possession of the North Island by virtue of its cession by the native chiefs; the other declaring the South Island to be part of the Queen's Dominions by right of discovery.148

In order to give effect to the views which he had formed Captain Hobson commissioned Lieutenant Shortland, in whose discretion he placed implicit confidence, to proceed to Port Nicholson, there to personally read the proclamations, and to take such steps as he might deem necessary to secure the due recognition of the Crown at the Southern settlement. Accompanied by the small detachment of troops, and a still smaller force of mounted police, under the command of Lieutenants Smart and Best, the Colonial Secretary reached Port Nicholson in the barque Integrity on the evening of Tuesday, June 2. A Mr. Cole149 one of the civil staff, was immediately sent on shore with copies of the proclamations, and a letter to Colonel Wakefield, telling him it was Mr. Shortland's intention to land next day and read the proclamations, requesting at the same time that he would make all the necessary arrangements.

These dispositions were interfered with by a heavy gale which sprang up during the night, making it impossible to carry out the intended ceremony. In the meantime the Colonial Secretary was waited upon on board the Integrity by Dr. Evans, and Messrs. Chaffers and Tod, who came for the purpose of expressing the gratification it gave the settlers to learn of his arrival. They then proceeded to assure Mr. Shortland that their actions and intentions had been greatly misrepresented. Dr. Evans volunteering the information that their Council had been formed for no other purpose than to preserve the peace, and for mutual protection until either the Lieutenant-Governor or some duly accredited representative of the Crown should arrive in their midst.

These assurances Mr. Shortland indicated he was prepared to accept, conditionally upon their being followed by some practical evidence of their sincerity. He told them plainly that the Council must disappear, that the flags flown as the insignia of its authority must come down, and that any proposal from any body of persons assuming any power or rights would be regarded by him as an act of hostility. To these conditions the deputation agreed and withdrew, after again protesting the loyalty of the colonists.

The storm having abated, Lieutenant Shortland landed on the beach at Thorndon at 2 o'clock on the afternoon of Thursday June 4, accompanied by Lieutenants Smart and Best and the four members of the police force. They were received on the beach by Colonel Wakefield, Dr. Evans, Captain Smith, R.A., and all the principal settlers, who conducted them to the appointed place of ceremony. Here the Colonial Secretary read the proclamations, which he assures us "were responded to by three hearty cheers; a royal salute from the Europeans, and with a war dance and general discharge of musketry by the natives who had assembled in great numbers."

135"In some excursions I made I was much pleased with the fertile appearance of this beautiful island, and although the winter was so far advanced it was not so cold as I had anticipated from its being so far south. Indeed the number of parrakeets seen flying about give it rather the appearance of a tropical island… The soil appears in general good, with plenty of timber. There are several varieties of pine. All the trees, however, appear to be evergreens." – Major Bunbury's Despatch.
136Major Bunbury mentions that by this time he had become ashamed of this sobriquet, which was given to him by the whalers, and disowned it, preferring to be called by his native name.
137Tu Hawaiki had only returned in the previous month of March from Sydney, where he had been presented with these uniforms by Sir George Gipps. Shortly after this chief's repulse of Te Rauparaha at Lake Grassmere, on the coast of Marlborough, he boarded a British man-of-war, and on being asked who he was, proudly replied: "Me all the same the Duke of Wellington, Te Rauparaha all the same Napoleon."
138Another chief named Taiaroa is also credited with signing. It is difficult to determine which chief this was, as the great Taiaroa was at Moeraki at the time. Possibly it was one of his sons.
139These were Kaikoura and Taiaroa. The identity of this Taiaroa is not clear.
140There were two American and two French whalers at the anchorage here at the time.
141Major Bunbury mentions that some of these speculators had already sent a number of cattle over, but the natives resisted the occupation of their alleged purchases, and the persons who were placed in charge of the cattle "find themselves in rather an awkward predicament."
142Popularly known amongst the whalers as "Jordy Bolts."
143Major Bunbury mentions the eagerness manifested by the natives of Cloudy Bay for spelling-books and Testaments. On the table in his cabin was lying a Testament printed in the native language which had been given to him by Bishop Broughton. This was seen by some of the Maoris visiting the ship, who importuned him for it, with the result, he feared, that his refusal gave serious offence.
144As the Herald left Cloudy Bay, the Kaikouras, clad in their winter snow, loomed up in the distance, and Major Bunbury was deeply impressed with what he calls their "bleak and savage appearance." The Major took his departure from the Middle Island fully convinced that it had been greatly underrated by the authorities both in regard to the fertility of its soil and the intelligence of its natives.
145Te Rauparaha may have laid himself open to this charge of insincerity by afterwards making light of the fact that he had signed the treaty, and offering to sign again if they gave him another blanket. With Te Rangihaeata it was different. Savage that he was, he had the keenest sense of honour, and he would not have signed the treaty had he not approved it so far as he understood it. His subsequent rebellion was not a protest against the establishment of civil authority so much as it was active resistance towards what he believed to be the unfair if not the dishonest methods of land dealing adopted by the New Zealand Company, in whom he lost all confidence after their attempt to seize the Wairau Valley.
146Before the first batch of the Company's emigrants sailed from the Thames, they were induced by the Directors to sign an agreement binding themselves to "submit in all things needful to peace and order until the establishment of a regular Government." This meant that if any of them committed a breach of the law of England, he should be punished according to the law of England. This agreement was brought under the notice of Lord John Russell who challenged the right of the Company to enforce such a provision. The Company took the opinion of Serjeant Wilde upon the point, and his advice, given on November 14, 1839, was that (1) the parties will not be justified by law in acting under the agreement, (2) that those acting under it were liable to prosecution for so doing, and (3) the agreement should be abandoned.
147"Captain Pearson of the brig Integrity was arrested to-day (April 14) under a warrant issued for illegal conduct towards his charterer, Mr. Wade, of Hobart Town, and brought before the District Magistrate, Major Baker. The prisoner refused to recognise the Court, and was accordingly committed. The ensuing day Captain Pearson made his escape, and an escape Warrant has accordingly been issued against him." – Extract from New Zealand Gazette (the first newspaper published in the Colony), April 18, 1840.
148The proclamation itself does not make it clear on what grounds Hobson took possession of the "Island." Indeed it is so ambiguously worded that he seems to imply that he claimed it by right of cession. In his despatch to the Secretary for State, however, he made it clear that he intended to claim it "by right of discovery," a course which he had recommended to Lord Normanby before he left England.
149"Captain" Cole as he was sometimes called, because he had been sailing in an East Indiaman, had been one of the early Wellington settlers, having come out in the Aurora. On the arrival of Captain Hobson he removed to the Bay of Islands, and had succeeded in getting himself appointed chief constable at Port Nicholson, in which capacity he now appeared in the Southern settlement.