Read Ebook: The Treaty of Waitangi; or how New Zealand became a British Colony by Buick Thomas Lindsay

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IN THE BEGINNING 1

SEEKING A WAY 36

FINDING A WAY 60

THE MAORI MAGNA CHARTA 87

IN SEARCH OF SIGNATURES 135

THE TREATY 214

BIBLIOGRAPHY 345

FACE PAGE

Town of Russell 12

James Busby 26

Lord Normanby 48

Captain Hobson, R.N. 64

The Mission Church at Kororareka 70

Mr. Busby's Residence 98

The Waitangi Falls 108

Tamati Waaka N?ne 118

Rev. Henry Williams, C.M.S. 154

Major Bunbury, K.T.S. 172

Horahora-Kakahu Island 198

A Section of the Treaty Signatures 238

Captain Hobson's Signatures to the Treaty 258

Earl Derby 282

Map of Cloudy Bay " 348

IN THE BEGINNING

The Law of Nations has well defined the principle that before a country becomes entitled to claim sovereignty in any part of the globe "by right of discovery" it is not sufficient that the mariners of that country should sail forth and discover new lands; but there must be some effective act immediately following, such as systematic occupation, in order to bind other peoples to respect the discovering nation's claim.

During the latter part of the century which had elapsed between the time of Cook's proclamation to the world and the day when the Melbourne Cabinet decided that Britain must assume in earnest her responsibilities in the South Pacific there had not only been no systematic occupation of New Zealand by Britain, but rather a systematic renunciation of the nation's intention in that direction. The Duke of Wellington had petulantly declared that England had colonies enough, and Minister after Minister who had presided over the Colonial Office had in deeds, if not in words, endorsed this policy of anti-Imperialism. There were at this time none amongst the British statesmen blessed with that broader grasp, that wider vision of an Empire "extending over every sea, swaying many diverse races, and combining many diverse forms of religion," which afterwards animated the colonial policy of Lord John Russell. The courage and capacity which that planter of Imperial outposts declared were necessary to build such an Empire--to effect such a wholesome blending of peoples--were wanting, and there was even an imminent danger that in this negatory attitude towards colonising other Powers would come to regard Britain not as an equal, nor with the fear that an equal can inspire, but as a timorous weakling, a nation destitute of enterprise, the product of a waning courage and of a pusillanimous hand.

Thus it came about that when in 1839 the Ministry of Lord Melbourne found themselves coerced by circumstances into recognising the need for systematic colonisation, they discovered themselves destitute of what most people believed they possessed--a title to sovereignty in New Zealand "by right of discovery."

The spirit of the British nation had not, however, been as idle as the British statesman, and inherent enterprise, combined with an inherent love of adventure, had sown and matured the seed which continuous Ministries had persistently declined to nourish. The elements which had contributed to the irregular settlement of New Zealand were faithfully recorded in Lord Palmerston's letter to Captain Hobson, and a more unpropitious beginning for any colony could scarcely be imagined. The number of British subjects who, up to 1839, had resorted to New Zealand for the purposes of legitimate and respectable trade were comparatively few, but it is estimated that even earlier than this there were over five hundred escaped convicts living along the sea coast in and around the Bay of Islands, the point at which settlement had, up to that time, chiefly congregated. Of those directly and indirectly concerned in the whaling industry there must have been a considerable number, for it is officially recorded that in the year 1836 no less than one hundred and fifty-one vessels had visited the Bay of Islands alone, and the proportion was even larger in the first half of the succeeding year.

The combination of whaler and convict was not one calculated to strengthen the morality of the community, and so large a leaven of the lawless class, together with the insatiable desire of the natives to procure muskets, had the effect of creating a state of society which, in the words of the Foreign Secretary, "indispensably required the check of some contending authority." In the absence of any such authority the more respectable settlers at the Bay of Islands had organised themselves into a self-constituted Association, into whose hands was committed the administration of a rude justice, which recognised a liberal application of tar and feathers as meet punishment for some of the offences against society. A steadying influence had also been supplied by the appointment at intervals since 1814 of gentlemen empowered to act as Justices of the Peace, their authority being derived from a Commission issued by the Governor of New South Wales, and, if illegal, was on more than one occasion acted upon with salutary effect.

Although it has been a popular sport on the part of many writers to throw darts of sarcasm at the labours of the Missionaries, they, too, must be accounted a tremendous influence for good, not so much, perhaps, in checking the licentiousness of the Europeans, as in preventing the natives from becoming contaminated by it. Destructive internecine wars had been waging "with fiendish determination" for many years under the conquering leadership of Hongi, Te Wherowhero, Te Waharoa and Te Rauparaha, by which whole districts had been depopulated, and tribe after tribe practically annihilated. Still the Maori people were a numerous, virile and warlike race, capable of deeds of blackest barbarism, or equally adaptable to the softening influences of Christianity and civilisation.

But apart from the commission of actual outrage there was debauchery of several kinds, and always of a pronounced type. "They lead a most reckless life, keeping grog shops, selling spirituous liquors to both Europeans and natives, living with the native females in a most discreditable way, so that the natives have told me to teach my own countrymen first before I taught them. They have called us a nation of drunkards from their seeing a majority of Europeans of that stamp in New Zealand." Such was the testimony of an erstwhile Missionary, Mr. John Flatt, when giving evidence before the House of Lords regarding the northern portion of the colony; and not less unsatisfactory was the position in the South Island, where the whalers were the preponderating section of the white population.

The Rev. Mr. Stack, then labouring in the north, in writing home to the parent Society, complained bitterly of the unprincipled white men who had escaped from the chain gangs at Sydney, and who had recently shown themselves so desperate that two were seized and taken to Sydney to be tried at the Assizes on a charge of attempted robbery and murder. Mr. Stack pleaded for the intervention of the British Government, which he hoped would not leave the country at the mercy of the escaped convicts, or the natives to the influence of a commerce carried on with so many circumstances destructive to the moral health of the people, that if unchecked, would effectually do the work of depopulation. "We have no law or justice," wrote Mr. Stack, "no punishment for crime but private revenge."

In the beginning of the year 1840 Kororareka, the settlement at the Bay of Islands which had the greatest right to claim the dignity of a township, contained about three hundred inhabitants of all ages, exclusive of the numerous sailors, whose nightly revels constituted the only interruption to the peace and harmony which generally prevailed. These gentry resorted in great numbers to the native village at the inner anchorage, where the principal chief carried on the lucrative business of grog-selling, besides another of a still more discreditable kind, for the convenience of his reckless customers--French, English, and American. "Here," according to Dr. Jameson, "might be seen the curious spectacle of a still savage chief enriching himself at the expense of individuals who, although belonging to the most civilised and powerful nations in the world, were reduced to a lower degree of barbarism by the influence of their unbridled licentiousness."

Contact with such social degenerates was not calculated to inspire the natives with a high ideal of European morality, nor with a conspicuous example of rectitude; but where the influences destructive of decency and order were less virulent the Missionaries had a more hopeful tale to tell. "The door is opening before us in every direction, and the people are pressing and entreating us to enter. Had we only more help, where we have now a hundred natives under our care, we would soon have a thousand." Such was the report of the Rev. Mr. Turner, one of the Wesleyan Missionaries at Hokianga, in urging his Society to send more workers to this corner of the human vineyard. The attendance and attention of the natives at Divine worship were regular and fixed, while it is recorded that their responses to the reading of the Litany were particularly devout.

The sincerity of many of these early converts was one of the most remarkable features of the evangelising of the Maori; and the Rev. Dr. Beecham, in giving evidence before the Lords' Committee in 1838, quoted this eloquent passage from one of the letters of the Rev. Mr. Hobbs to illustrate the warmth of Maori piety. "The beauty of the Liturgy, as translated by our brethren at the Bay of Islands into the Native tongue, is most exquisite, and to me hardly loses any of the force of original composition, and, I have no doubt, has been made a great blessing unto many by putting words of prayer into their mouths, and thus teaching them to pray. Many times has my heart gloried within me while repeating the 'Te Deum Laudamus,' and especially that part--

that is--

Holy, holy, holy, Lord God of Sabaoth,

and hear them respond--

Heaven and Earth are full of the majesty of Thy Glory.

"I have been informed," continued Dr. Beecham, "by those who have witnessed the celebration of public worship in the principal church at Mangungu, that to hear 700 or 800 of the Christian natives correctly and promptly utter the responses, and then sing the praises of the True God, is highly affecting. Another feature of their character is their strict observance of daily social prayer. At dawn of day all the inhabitants of the villages assemble together in the chapel at the sound of the bell, or some piece of metal used as a substitute, to read the scriptures and to pray. The same order is observed in the evening. When the evening approaches the whole of the population moves to the house of God, and close the day with devotions. Their reverence for the Sabbath is remarkable. Those who come from a distance to attend Divine worship at Mangungu do not travel on the Sunday, but on the Saturday, and return on the Monday. They refrain from all work on the Lord's Day. So strict are their views on the sanctity of the Sabbath they do not even prepare their food on that day. The arrival of a vessel is always a matter of considerable excitement to the natives of New Zealand, but if a vessel arrives on the Sunday no stir is made."

Although the British authorities had as yet taken no decisive step towards acquiring sovereignty in New Zealand, it cannot be said that the state of society in the country had entirely escaped their notice. Especially were the successive Governors of New South Wales vigilant in keeping Ministers posted as to passing events. Many must have been their anxious moments, for they being the nearest representatives of the Crown were naturally most solicitous for the conduct and fate of their countrymen. As far back as 1814 Governor Macquarie had declared New Zealand to be a part of that colony, and it was thought that the jurisdiction of the Supreme Court had also been extended to this country. These proceedings were, however, almost a nullity, for had they been formal and constitutional--which they were not--the practical difficulties in the way of bringing offenders to justice were so great that the attempt was only made in a few isolated and extreme instances.

The leading chiefs of the northern part of the Islands had long ere this realised the ineffectiveness of their tribal system to cope with the altered state of society. The Missionaries on their part watched with anxiety the unhappy trend of affairs, knowing that if some more enlightened course was not given to events, a serious collision would in all probability arise between the two races, which could scarcely terminate otherwise than in the extermination or expulsion of the one or the other.

Being fully persuaded that to maintain the chiefs and their tribes as an independent people was the most effective safeguard against foreign aggression, they saw with deepest regret the intestine warfare which was going on amongst the natives, thinning their ranks, and rendering them every day less able to resist the pretensions of a foreign power. Stung by a sense of failure, and excited by a rumour that the French were at hand, the chiefs placed themselves under Missionary direction and addressed themselves to the King in the following diplomatic terms:--

TO KING WILLIAM, THE GRACIOUS CHIEF OF ENGLAND

KING WILLIAM--We, the chiefs of New Zealand assembled at this place, called the Kerikeri, write to thee, for we hear that thou art the great Chief of the other side of the water, since the many ships which come to our land are from thee.

We are a people without possessions. We have nothing but timber, flax, pork and potatoes, we sell these things, however, to your people, and then we see the property of Europeans. It is only thy land which is liberal towards us. From thee also come the Missionaries who teach us to believe on Jehovah God, and on Jesus Christ His Son.

We have heard that the tribe of Marian is at hand coming to take away our land, therefore we pray thee to become our friend and guardian of these Islands, lest through the teazing of other tribes should come war to us, and lest strangers should come and take away our land. And if any of thy people should be troublesome or vicious towards us , we pray thee to be angry with them that they may be obedient, lest the anger of the people of this land fall upon them.

This letter is from us the chiefs of the natives of New Zealand:

WARERAHI, chief of Paroa. REWA, " Waimate. PATUONE, " Hokianga. N?NE, " Hokianga. KEKEAO, " Ahuahu. TITORE, " Kororareka. TAMARANGA, " Taiamai. RIPE, " Mapere. HARA, " Ohaeawai. ATUAHAERE, " Kaikohe. MOETARA, " Pakanae. MATANGI, " Waima. TAUNUI, " Utakura.

The accumulating reports of increasing disorder, the strenuous recommendations of Governor Bourke, added to the touching appeal of the chiefs, at length moved the Colonial Office to acquiesce in the contention that some one should be sent to New Zealand directly charged with the duty of representing the British Crown. In replying to the Native petition, Lord Goderich, who was then at the Colonial Office, after expressing the gratification the petition had afforded the King, accordingly intimated that it had been decided to appoint as British Resident Mr. James Busby, whose duty it would be to investigate all complaints which might be made to him. "It will also be his endeavour," wrote his Lordship, "to prevent the arrival amongst you of men who have been guilty of crimes in their own country, and who may effect their escape from the place to which they have been banished, as likewise to apprehend such persons of this description who may be found at present at large. In return for the anxious desire which will be manifested by the British Resident to afford his protection to the inhabitants of New Zealand, against any acts of outrage which may be attempted against them by British subjects, it is confidently expected by His Majesty that on your part you will render to the British Resident that assistance and support which are calculated to promote the objects of his appointment, and to extend to your country all the benefits which it is capable of receiving from its friendship and alliance with Great Britain."

Mr. Busby, who had thus been chosen for the responsible task of guarding both British and Native interests, was the son of a successful civil engineer in Australia, but it is doubtful whether he had passed through the administrative experience necessary to fit him in all respects for his arduous post. His position was rendered still more difficult by reason of the fact that, much as Ministers might have wished to do so, it had been found impossible to sweep away the constitutional difficulties which faced them on every side. Indeed so hampered was the situation by the circumstance that Britain had not acquired, or claimed Sovereign rights in New Zealand, that when Governor Bourke came to direct Mr. Busby upon the scope of his office, he was compelled to lay greater stress upon the things he could not do, than upon the powers he was at liberty to exercise.

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