Chapter VII: Wakefield and the Wairau (1)

Amongst the many unsatisfactory negotiations for the purchase of land entered into between Colonel Wakefield and Te Rauparaha, few seem to have been so ill-defined as that relating to the Wairau Plain. Whether Wakefield really believed that he had bought it, or whether Rauparaha was equally confident that he had not sold it, will never be known. Certainly it is difficult to understand how such a wide difference of impression could have arisen between them, had they both been sincere in the transaction. It is true the Colonel might have considered that the plain was included in the purchases made in 1839, when he bargained for four hundred miles of country, extending from the 38th to the 43rd degree of latitude on the west coast, and from the 41st to the 43rd degree on the east coast. But he knew that the plain had never been specifically named, and in his heart he must have felt that no valid title could rest upon a purchase made as this one was, its full purport not being clearly explained by Dicky Barrett, who acted as interpreter, and the signatures of three chiefs only being obtained to the deed, when thirty thousand natives had, by native law, a voice in its disposal. That Colonel Wakefield did have some reservation, later on, about his right to the land is almost certain, for, after the settlement of Nelson had been in progress about a year, he strongly opposed the suggestion of his brother, Captain Wakefield, to include the Wairau in the district to be surveyed, partly because he considered that its occupation might militate against the success of the Wellington colony, but chiefly because he anticipated that the Company's title would be disputed by other claimants and by the natives. It would therefore seem that Captain Wakefield, the resident agent of the Company, was the more to blame for the improper occupation of the valley and for all the subsequent trouble, which he expiated with his life. He was as conversant as the Colonel with the whole circumstances of the case, perhaps more so; and, had it not been that he had no alternative between opening up the Wairau and acknowledging the ignominious failure of the Nelson settlement, he would hardly, in the face of so many warnings, have persisted in his high-handed and injudicious course.

The story of the Nelson settlement repeats the tale of undue haste, imperfect preparations, a disposition to make florid promises and hold out inflated inducements, that characterised all the New Zealand Company's attempts at colonisation. One of the essential features of this settlement was that each settler should receive 150 acres of rural land, 50 acres of suburban land, and one town acre. But after the most thorough exploration of the region round Blind and Massacre Bays, it was found that, although a great deal of inferior country had been included in the sections laid off by the surveyors, there was still an enormous deficiency in the area required to provide for all the settlers who had either paid for their land in advance or were waiting to settle on it. Misled by the reports of some of his officers, Captain Wakefield had caused it to be broadly published that there was more than sufficient land at Port Whakatu to meet the requirements of the settlement, and it was while looking round for some tangible fact to justify his assertion that he bethought him of the Wairau.

During his many excursions in search of rural land, Mr. Tuckett, the Company's chief surveyor, had discovered a route via Top House, by which the Wairau might be reached after a journey of 110 miles. This fact was reported to Captain Wakefield, who ordered that a complete examination of the district should be made by Mr. Tuckett. He, accompanied by his assistant, Mr. Davidson, and Captain England, a landowner in the settlement, made an extensive exploration, and subsequently conveyed the discomfiting intelligence to the resident agent that the Wairau Plain was the only available surface between Cape Farewell and Cape Campbell sufficient to afford the number of sections required to complete the settlement. The survey of the plain was then decided upon, but intelligence had reached Kapiti that the _pakehas_ had been down to the Wairau and that they intended to take possession of it. Immediately upon the receipt of this news, Rauparaha, accompanied by Hiko and Rangihaeata, crossed over to Nelson and sought an interview with Captain Wakefield. In plain and straightforward terms the natives told the Europeans, who had gathered in Dr. Wilson's residence to hear the _korero_, that they had not sold the Wairau to the principal agent of the Company, and that they had no intention of doing so, unless (to use Rauparaha's own expressive phrase) "the cask of gold was very great." They therefore warned them not to go there, as they had no right to the land.

Captain Wakefield's answer was that he intended to proceed with the survey, as he claimed the land in the name of the Company. Rangihaeata vehemently denied the sale, and backed up his protestations by a threat that if Captain Wakefield attempted to carry out his intentions he would meet him and take his head. The agent was in no way disturbed or shaken by the hostile attitude of the chiefs; and to Rangihaeata's boisterous manner he calmly replied that, if any interference was offered, he would come with three hundred constables and arrest the belligerent natives. This unconciliatory attitude did not in the least assist to clear the atmosphere, for Rangihaeata went about the settlement during the next few days openly threatening with death every one who, he conceived, had any authority amongst the colonists, if they ventured to annex the Wairau, unless they could first succeed in killing him, in which event, he said, the land would remain as the lawful possession of the conqueror. Rauparaha, on the other hand, assumed the air of the diplomat, and professed not to sympathise with the policy of his lieutenant, whom he described as a "bad man." At the same time, in his fawning fashion, he entreated the Europeans not to go to the Wairau, and begged that the dispute might be referred to Mr. Spain, the Government Land Commissioner, who had been appointed to investigate the claims of the Company. But Captain Wakefield repudiated the jurisdiction of Mr. Spain in the matter, and refused to comply with the request. The chiefs, finding that neither threats nor persuasion could shake Captain Wakefield in his determination to take possession of the Wairau, indignantly left the settlement, Rauparaha expressing his intention to lay the whole circumstances of the case before the Queen's Commissioner and demand an immediate settlement of the claim.

Scarcely had the angry Ngati-Toas left Nelson than the three chiefs who were resident at the Wairau arrived. These natives were sons of Rauparaha's elder brother, Nohorua, the oldest of whom, Rawiri Puaha, had previously informed Mr. Tuckett, when that gentleman visited his _pa_, that the plain was theirs and that Rauparaha had no power to sell it. They were gratified at the idea that the Europeans looked upon it with a favourable eye, but, at the same time, they were in no haste to enter into any negotiations for its sale until they had considerably extended their cultivations, in order that they might fairly claim a larger compensation. Doubtless one of their reasons for desiring closer intercourse with the _pakehas_ was that, in addition to their clearings, they had a large number of pigs running on the plain, which they used as a marketable commodity with the settlers at Port Underwood. But as fast as they cleared and cultivated the land and reared their pigs, Rauparaha was in the habit of coming over and coolly helping himself, with the result that his relations with the resident people were by this time considerably strained, and they probably thought that the presence of the settlers would check these depredations on the part of their high-handed relative. When they heard that Rauparaha had been to Nelson, they, being utterly mistrustful of his methods, at once concluded that he had gone there for the purpose of selling the plain; and it was to counteract this policy, as far as possible, that they went to see Captain Wakefield. The latter had always been much more considerate to resident natives than to those whom, like Rauparaha and Rangihaeata, he described as "travelling bullies."[154] He was therefore most anxious to make a valid and binding bargain with Puaha, to whom he offered a small schooner, and any reasonable quantity of goods, if he would acknowledge that the Wairau had been purchased by his brother, the Colonel. This Puaha refused to do, and therefore, at a subsequent interview, the resident agent adopted another line of argument, contending that the Company had already a legal title to the district by virtue of its being included in the latitude and longitude purchases made in 1839, and by right of a deed bought from Captain Blenkinsopp's widow for £300. Puaha denied the validity of both titles, pointing out that "the Wairau" had evidently been written into the first deed after signature; and that, in the second case, if Rauparaha had sold any portion of the land to Blenkinsopp, he had no right to do so without his (Puaha's) consent, which had never been asked and never given. For three days the conference was continued by the agent and the chief, without either being able to convince the other; but, at last, Puaha withdrew, still protesting in manly and dignified language against the views of the agent as to his title to the land.

After these animated interviews, it might have been supposed that Captain Wakefield would, in his calmer moments, have seriously reviewed the position, and that against the vague and shadowy rights of the Company, as expressed in the two deeds in his possession, he would have set the fact that the authenticity of these sales was being stoutly contested by the resident and non-resident natives interested. He might have been expected also to recognise that the whole question, having been placed in the hands of Mr. Spain, was _sub judice_, and as such should remain in abeyance until the court had pronounced its judgment. These considerations were, however, altogether outweighed by the desire to placate the settlers, who were clamouring for their land, and to prevent the exposure of the Company's inability to fulfil its engagements. The fear that, if this could not be done, he would be open to crushing censure from all with whom they had entered into engagements, and the desire to rescue his own and his brother's reputation from public anger and ridicule, biased his otherwise judicial mind against the merits of the opposing case. Accordingly, he decided to act upon the impulse that moved him most, and on April 15, 1843, he entered into three contracts for the survey of the plain with Messrs. Barnicoat and Thompson, Mr. Cotterell, and Mr. Parkinson. In view of the probability of native interference, a special provision was inserted in the tenders that the contractors were to be indemnified in case of loss; and, on this understanding, the surveyors, with forty assistants, arrived a few days later, and commenced operations--Messrs. Barnicoat and Thompson at the Marshlands side of the valley, Mr. Cotterell in the neighbourhood of Riverlands, and Mr. Parkinson still higher up the plain, towards Grovetown.

At first, the resident natives allowed the work to proceed with but slight resistance. Once or twice they refused to permit timber to be sawn for pegs and ranging rods; but with the exercise of a little tact and patience these difficulties were overcome, and the work had proceeded with so little friction that before Rauparaha arrived Messrs. Barnicoat and Thompson had practically completed their contract, the others not being quite so far advanced.

Rauparaha and Rangihaeata were at Mana when the news of these proceedings reached them, and they at once engaged with their English friend, Joseph Toms, to convey them and a portion of their party in his schooner, _Three Brothers_, to Port Underwood, whence they intended to reach the Wairau in their canoes. On the 1st of June the schooner and the canoes arrived at the port, and Rauparaha, with one hundred armed followers, at once proceeded to the house of Mr. Cave, who for seven or eight years had been employed there as cooper for the whaling stations, and with whom they were on the best of terms. To him they declared their intention of burning the surveyors' camps, and for that purpose they left for the Wairau the same evening, in eight canoes and a whaleboat. Next morning Rauparaha, with thirty of his people, appeared at Mr. Cotterell's camp on the Opawa River, and, after stripping his huts, burned the _toetoe_ grass with which they were covered, as well as the survey pegs and ranging rods prepared from manuka sticks. They then assisted the surveyors to carry their belongings to the boats, and shipped them off to the _pa_ at the mouth of the river. Their next proceeding was to paddle up the Wairau to Mr. Barnicoat's camp, which was situated on the river-bank close to the Ferry Bridge, and there they re-enacted their settled programme. In these proceedings Rauparaha was very firm, yet conciliatory. There was no exhibition of temper or violence towards persons or property. He simply gave the surveyors to understand that he would have none of them or their surveying there, and that the sooner they returned to Nelson the better he would like it;[155] and, to this end, he assisted them to remove their instruments and personal effects to a place of safety before demolishing their _whares_. In logical fashion, he argued that the _toetoe_, having grown upon the land, was his, that he was entitled to do what he pleased with his own, and that so long as he did not interfere with any of the articles brought from England, he was committing no breach of justice.

The instruments and baggage were placed in the boats and taken down to the _pa_, where they were safely landed and their owners treated with every consideration. But, before matters had reached this crisis, the contractors had despatched a joint letter to Mr. Tuckett, at Nelson, explaining the gravity of the situation, and asking him to come down at once and certify to the work already done. On receipt of this communication Mr. Tuckett, accompanied by Mr. Patchett, at once set out for the Wairau; and, on his arrival at the bar, on 3rd June, he was met by Mr. Cotterell, who briefly related all that had transpired since the arrival of Rauparaha, and the present position of natives and contractors respectively.

So soon as he had grasped the situation, Mr. Tuckett hastily wrote a letter in pencil to Captain Wakefield, giving details, and intimating his intention of remaining on the scene until the Captain should make his pleasure known to him. This letter he entrusted to Mr. Cotterell, who at once left with his men in the boats for Nelson. The chief surveyor then set off up the Opawa River to the site of Mr. Cotterell's camp, where he pitched a tent and remained all night. In the morning he proceeded, in company with Mr. Patchett and Mr. Moline (Mr. Cotterell's assistant), to search for Mr. Parkinson, and, when they arrived at his hut, they found it in possession of a few natives, who had in no way interfered with it. The surveyor and his party not being there, Mr. Tuckett inquired for Rauparaha and Rangihaeata, who he was informed were in the bush. He thereupon explained that he intended to go over to the Awatere, that he would be absent about three days, and that at the end of that time he desired to meet the chiefs at Mr. Cotterell's camp, where he would converse with them over the recent events. The natives gladly undertook to convey this message to Rauparaha, who, with Rangihaeata, a number of their followers, and Mr. Parkinson's men, were awaiting them at the appointed place of meeting when the party returned from their explorations beyond the Vernon Hills. Here the expected conference took place, Rauparaha calmly but firmly explaining his reasons for interference. He claimed the Wairau as his own, but since there was a dispute about it, he had, on his return from Nelson, placed the matter in the hands of Mr. Spain, who had appointed a day on which to hear the case, Rauparaha on his part undertaking that in the meantime none of his people should enter upon the land. The day appointed by Mr. Spain had passed, and fearing that, if the survey was finished before he adjudicated upon their claim, they would lose their land, they had determined to stop the proceedings. Rauparaha expressed himself as being still willing to abide by Mr. Spain's decision, but the survey must cease and the Europeans must leave, until such time as that judgment should be given. Mr. Tuckett vainly endeavoured to point out the hardship this course would impose upon the contractors and their men, who were dependent upon their work for their living. He also explained that he was expecting instructions from Captain Wakefield, and asked permission to remain until he heard from his superior.

His request for delay was met by a command to remove his tent to the boat, and, upon his refusing to obey, Rangihaeata burst into a violent passion, and, in a torrent of invective, reminded Mr. Tuckett of the warning he had given him in Nelson, ironically remarking that, if he was so fond of the Wairau, he (Rangihaeata) would bury him there. This insulting outburst was treated with studied contempt by the chief surveyor, who quietly rebuked Rangihaeata for his ungentlemanly behaviour, telling him that he would not converse with him until he mended his manners. While this brief altercation was proceeding, Rauparaha had remained silent, although he was evidently exercising a restraining influence upon his comrade. But he now advanced, and once more politely requested Mr. Tuckett to have his tent removed; but that gentleman still persisted in his right to remain, whereupon Rauparaha, becoming impatient, ordered some of his own people to carry out his behest, and in a few minutes the tent was struck and stowed away in the boat. Mr. Tuckett then deemed it unwise to offer further objection, and, together with the two chiefs, he agreed to go back to the _pa_.

It had been Mr. Tuckett's intention to embark for Nelson next morning, but in the night a south-easterly gale came up and blew for three days, causing such a surf on the bar that Rauparaha advised him not to attempt to cross it. During this compulsory stay, the chief was most profuse in his expressions of goodwill towards the Europeans, and by his fawning and obsequious manner created a feeling of revulsion in the minds of the Englishmen. Rangihaeata, on the other hand, left them severely alone, seeking neither favours nor intercourse of any kind, and, save on one occasion, his isolation was complete. That exception arose from the fact that one of the men reported that he had lost a handkerchief and a billhook, which he had seen in the possession of Rangihaeata's people. Mr. Tuckett at once approached the chief, and asked to have the property returned. His reply was that he had some bad men as well as good ones amongst his followers, with the sarcastic addition that perhaps Mr. Tuckett was in the same position; but that, as he had come to the Wairau to defend his own and not to thieve, if the surveyor could identify the man, he would have his property back; failing that, he could have _utu_ instead. The billhook was soon found, and here the incident ended; but the impression it made upon Mr. Tuckett was that, if Rangihaeata was more violent than Rauparaha, he was up to this point certainly the more noble of the two.

As soon as the weather cleared, the chief surveyor prepared to take his departure, but, as the boat would not carry both passengers and baggage, it was finally decided that Messrs. Barnicoat and Parkinson should remain, while Messrs. Tuckett, Patchett, and Moline proceeded to Nelson, although the chiefs raised no objection to the whole party remaining until additional boats could be brought, or until they could be conveyed to one of the whaling stations at Port Underwood. By noon on the following day Mr. Tuckett and his companions had got well into Blind Bay, when they observed the Government brig _Victoria_ under full sail. A gun was fired from the ship as a signal to board her. On doing so, they learned that the vessel had just left Nelson, and was proceeding to the Wairau with the police magistrate (Mr. Thompson), Captain Wakefield (the Company's agent), Captain England, J.P., Mr. Cotterell, and some of the would-be proprietors of the proposed settlement, as well as the chief constable, Mr. Maling, and twenty-four labouring men who had been sworn-in as special constables. The agent informed the chief surveyor that, after Mr. Cotterell had arrived at Nelson and made his report, it had been decided to proceed as soon as possible to the scene of operations, and arrest the chiefs on a charge of arson, a warrant having been granted by Messrs. Thompson, P.M., Captain Wakefield, Captain England, and A. McDonald, Esq., Justices of the Peace. Mr. Tuckett was naturally surprised and deeply grieved at this intelligence, and, in deprecation of the rash and impolitic step he informed Captain Wakefield of Rauparaha's interview with Mr. Spain, and of the chief's willingness to abide by the decision of the court. He further pointed out the great care observed by the natives not to interfere with any of the surveyors' property, or to injure the persons of any of their employees. He proceeded to argue that the men on board would not number one-half the strength of the natives then at the Wairau; and contrasted this numerical weakness with the threat made by the Captain at Nelson, that, if Rangihaeata interfered with the survey, he would come with three hundred constables to arrest him. His impression, therefore, was that the smallness of the party would inspire confidence in the minds of the natives rather than dread, and he strongly urged that, however satisfied the agent might feel about the result, prudence demanded that they should appear on the plain with such a force as would completely overawe the Maoris, and to which there would be no humiliation in surrendering. In support of his views, he handed to Captain Wakefield a letter which he had received from the Rev. Mr. Ironside on the day that he had met Mr. Cotterell at the bar, in which the missionary, ripe in experience of Maori feeling, and knowing how tenaciously they clung to their rights in landed property, ventured the opinion that, unless this dispute was most diplomatically handled, the result might be extremely serious.

Mr. Ironside, taking the missionary view of the Company's scheme of colonisation, expressed great anxiety lest a collision might arise out of the subject of the claims to land, which would eventually terminate in the extinction of the native tribes, as had been the case in other countries settled by Europeans. He urged upon Mr. Tuckett not to be precipitate in endeavouring to include the Wairau in the Nelson survey, informing him that the resident natives and Rauparaha were at issue about the land, to such an extent that the former, if left to themselves, would probably withdraw from the Wairau, and treat with the Nelson agent for the sale of it.

Captain Wakefield expressed himself deeply thankful for the counsel contained in Mr. Ironside's letter, and also for the advice tendered by Mr. Tuckett, with whose whole conduct he entirely acquiesced. So impressed was he with the force of the chief surveyor's arguments that he at once went into the cabin where Mr. Thompson was, and requested him to read Mr. Ironside's letter, stating that from it and other considerations urged by Mr. Tuckett he had come to the conclusion that it would be wiser to return to Nelson. Mr. Thompson was totally averse to turning back. He begrudged missing the opportunity of giving the natives what he called "a prestige for the law," and of showing the Government the correct way to deal with such troublesome fellows. At the same time he expressed the opinion that, if the authorities at Wellington had dealt with these chiefs as he had dealt with Ekawa at Massacre Bay, they would long ago have ceased to give annoyance. He also stated that, if they returned at that stage, they would simply be laughed at by the settlers, and he was not going to put himself in that undignified position. In his determination to go on Mr. Thompson was seconded by the Crown Prosecutor (Mr. Richardson), who begged that the expedition might not be given up, as he considered it was "only a lark"; and, in deference to the aggressive mood of the magistrate and the jocular anticipations of the lawyer, Captain Wakefield surrendered his better judgment. Mr. Tuckett, still apprehensive that disastrous consequences would follow if these unwise counsels prevailed, earnestly remonstrated with Mr. Thompson, taking up the attitude that he was exceeding his rights in proceeding to execute his warrant with an armed force. The magistrate admitted the correctness of Mr. Tuckett's premises, but hotly resented the assumption that he intended to use the force at all. He explained that he was not sure that he would land the men. Certainly he would not give out the arms or take the force into the presence of the natives until he had first exhausted every plausible means of getting the chiefs to submit themselves to trial on board the brig. Should they refuse to do so, which he did not expect, then he would investigate the charge on the spot, and afterwards decide whether he should call in the aid of the armed party or not. Had this plan of operations been strictly observed, much that afterwards happened might have been averted; but in no single particular did the magistrate follow his promised line of action, for as soon as the vessel arrived at Cloudy Bay, the men were supplied with fire-arms and landed at the mouth of the Wairau River.

On seeing the Government brig enter the bay, the Maoris had abandoned the old _pa_ at the bar and retired further up the plain. Next morning the magistrate's band of special constables was ordered to get ready and go in pursuit. Perceiving that his worst fears were likely to be realised, and that the magistrate would not go without the armed force, Mr. Tuckett made a final appeal to Captain Wakefield, and offered to go himself and see Rauparaha, in company with the chief constable and the interpreter, if only the men bearing arms were allowed to remain where they were. To this suggestion the Captain readily agreed, and at once put the proposal before Mr. Thompson, who also consented, and ordered the chief constable to prepare himself for the journey; but when Mr. Maling announced himself ready to go, he presented such an armour-plated appearance that the chief surveyor absolutely refused to be seen in his company. He wore a cutlass at his side, a brace of pistols and a pair of handcuffs in his belt, while in his hand he carried a pair of heavy leg-irons. How he proposed to get Rauparaha down to the bar when he was both handcuffed and hobbled is not very clear, nor did he have time to explain. Mr. Tuckett at once drew attention to his accoutrements, and pointed out that the leg-irons would have an especially exasperating effect upon the natives; while, if he insisted upon carrying pistols, it would at least be judicious to conceal them, and so avoid the appearance of intimidation. The magistrate at once ordered that the irons should be discarded, but also intimated that he had changed his mind as to the mode of procedure, and that he had now determined that the whole force should participate in the arrest, a decision from which no amount of persuasion could induce him to deviate.

At the outset an attempt was made to ascend the river in boats, but as the tide was on the ebb and the wind unfavourable, the travelling was both slow and laborious, and before they had proceeded very far, the boats were abandoned, and the party, except Mr. Cotterell and his men, who remained in a whaleboat, commenced the march along a survey track which ran parallel with the river. By this time the ardour of the men had considerably cooled; the bitter cold night experienced at the bar had helped to extinguish their enthusiasm, and now the keen morning wind and bad walking through the long wet grass completely dissipated all idea that the affair was to be regarded in the light of a pleasure trip. During the course of the journey, which was both a slow and irritating one, Captain Wakefield expressed the opinion that the natives were more inclined for trade than for war, and that the prospect of their attempting to fight in the event of a forcible arrest being made was very small. In reply to this, Mr. Tuckett still adhered to his former opinion that the Maoris would most certainly offer resistance if the armed force was taken into their presence. While this discussion was going on, the party reached the bend in the river at the back of Grovetown, where they met a number of resident natives, who, in consequence of their differences with Rauparaha, were quitting the Wairau and returning to Port Underwood. Amongst them were Puaha, a lad named Rore (who afterwards became the honoured and respected chief of the Wairau natives), his father, and a few other Maoris cutting timber in the bush. Of these they inquired the whereabouts of Rauparaha, and were informed that he was a few miles further up the valley, at the Tua Marina stream. Night coming on, they decided to camp in the Tua Mautine wood, but took the precaution to send Puaha forward to acquaint Rauparaha with the nature of their visit; and he was followed by the remainder of the natives at a later hour. Mr. Thompson was careful to explain to Puaha that he had not come to interfere with him; but it was noticed that his countenance bore a most anxious and concerned expression, and in the brief interview which he had with the magistrate, he not only advised, but earnestly entreated him not to precipitate a quarrel by taking the armed men into the presence of Rauparaha and his followers. If he did so, it would be impossible to convince them that he had not come for the purpose of shedding blood. The pained look that fell upon the face of Puaha when he realised the magistrate's intentions made a deep impression upon Captain Wakefield, and he several times made reference to it. Even when waking from his sleep in the night, he spoke of the fact as though he had a gloomy presentiment that all would not be well on the morrow. Mr. Thompson did not appear to be troubled with any such forebodings; his concern was that he would not have the opportunity of arresting the chiefs, who would probably make good their escape as soon as Puaha conveyed his message to them. He endeavoured to make light of the agent's fears by explaining that Puaha's troubled looks were due to the conflict between the dictates of his barbarous nature and the influence of his Christian teaching, which, under the circumstances, would naturally burn within him--a course of reasoning that Captain Wakefield seemed to cheerfully accept.

At dawn next morning,[156] the camp of Te Rauparaha was easily located by the smoke rising through the forest trees at the mouth of the Waitohi Valley, about four miles away. The magistrate then mustered his constables, and served out to each man eighteen rounds of ball cartridge. All told, they numbered forty men, bearing muskets, bayonets, and cutlasses, besides ten or twelve gentlemen who were without arms, the chief surveyor and Mr. Cotterell being members of the Society of Friends, and refusing, in accordance with their religious principles, to carry them. After a short march across the plain through the fern and _toetoe_, they arrived at the foot of the Tua Marina hills, and there they halted, having, during the course of the journey, been cautioned not to fire unless ordered to do so.

The constitution of the arresting party was not calculated to ensure success in the event of resistance on the part of the Maoris. They were untrained and without discipline. Some of them were even unwilling participants in the expedition, for they had been coerced into coming by the threat that they would lose their employment in the service of the Company if they refused to assist in the arrest of the chiefs. Their arms were old-fashioned and not in the best of repair; there was a total lack of organisation, and apparently no common understanding as to who was in authority. Under these circumstances, the result could scarcely have been different, regard being had to the character of the men with whom they had to deal.

Anyone sitting on the hill-side even now can, without the aid of a vivid imagination, picture the animated scene which unfolded itself on that bright June morning. What are now grass paddocks were flats, more or less covered with native scrub. Of what was then dense bush only a few detached fragments now remain, but otherwise the physical features of the landscape are but little changed. The Maoris, when they first observed the Europeans, were squatting around their camp-fires on the western side of the Tua Marina stream. They immediately hailed them and inquired if they intended to fight. Mr. Thompson answered in the negative, and, after explaining the purpose for which he had come, asked the natives to place a canoe across the stream that he might come over and talk the more freely to them. Rauparaha consented to this course, but stipulated that the armed men should not be allowed to cross over; and, the magistrate agreeing to this condition, the special constables were left in charge of Captain England and Mr. Howard, who had instructions to act if called upon. He himself, accompanied by Captain Wakefield, Mr. Patchett, Mr. Tuckett, Mr. Cotterell and Mr. Brooks,[157] the interpreter, crossed over in the canoe, which was immediately drawn back again alongside the bank by a native nicknamed Piccawarro (big-fellow), to prevent any surprise from the force on the other side of the stream. When the magistrate walked into the presence of the natives, he observed that they numbered about ninety men and thirty-five women and children; but, as an indication of their peaceful intentions, they had placed in the midst of their group three women, the wives of Rauparaha, Rangihaeata, and Puaha, while the party of resident natives sat on one side, and the immediate followers of Rauparaha on the other. The noble and dignified Puaha stood in the centre with a Bible in his hand, reading from it select passages, and exhorting both parties to peace, while the natives sitting around chanted the usual welcome, _Haere-mai, Haere-mai_. Rangihaeata lay concealed behind some bushes, but Rauparaha came forward frankly when Mr. Thompson inquired for him, saying "Here am I," and offered to shake hands with the strangers. But this courtesy was declined by the magistrate, who pushed the chief's hand away, and it was left to Mr. Tuckett and Mr. Cotterell to perform the politeness of a friendly greeting.

In reply to Rauparaha's inquiry as to what had brought them there, Mr. Thompson proceeded to explain to him, through Brooks, the interpreter, that he was their prisoner. Rauparaha disdainfully replied that it would be time enough to indulge in such talk when Mr. Spain had made his inquiry about the land. They then strove to make him understand that, as this case had nothing to do with the land, but was a charge of arson, it did not come within the province of Mr. Spain to inquire into it, but that the charge must be heard on the brig. Rauparaha declared that he had not destroyed any European property, in proof of which he appealed to Mr. Cotterell, who admitted the truth of his assertion, and therefore he would not go on board the brig, but he was quite willing that the matter should be adjudicated upon there and then, and, provided the compensation demanded was not excessive, he would be prepared to pay rather than there should be any ill-feeling between the two races. Thereupon he was told that, if he would not go voluntarily he must be taken by force, and a pair of handcuffs were produced to impress him with the sincerity of this threat. His chieftain blood was aroused by this insult; he indignantly dared them to try to imprison his hands in such implements and bind him like a slave, but begged for longer time to talk the matter over. The magistrate, who was now rapidly losing his temper, began to stamp and rave, and scorning the need for further argument, desired the interpreter to finally ask Rauparaha to say whether he would go on board the brig or not; and, upon his still firmly refusing to do so, Mr. Thompson turned to Brooks and exclaimed, with a violent gesture in the direction of the opposite bank, "Then tell him there are the armed party; they will fire on them all." A native from the Bay of Islands who was present amongst Rauparaha's people, and who understood a smattering of English, told those of Rauparaha's party that an order to fire had been given, and sixteen of them at once sprang to their feet, and, presenting their muskets at the magistrate, awaited the order from their chief to fire. The mistaken impression under which this hostile display had been made was at once removed by the chief surveyor and Mr. Patchett, who walked over to them and explained that only a threat, and not an order, to fire had been given, and on this assurance they immediately subsided to their seats on the ground.

The altercation between Mr. Thompson and Rauparaha still proceeded. The former produced his warrant, which he told the chief was the "book-a-book" of the Queen "to make a tie," and that he was the Queen, again adding, in high and excited tones, stamping his foot the while, that if Rauparaha did not consent to surrender himself, he would order the Europeans to fire on them. This was quickly interpreted to the armed natives by the stranger from the Bay of Islands, and they instantly sprang to their feet and pointed their muskets at Mr. Thompson and his companions, as before. At this point, the peace-making Puaha[158] stepped forward with his Testament in his hand and said, "Don't fight, don't fight! This book says it is sinful to fight. The land has been made good by the preaching of the missionaries. Don't make it bad again." In this way he strove to reason with Mr. Thompson, but the latter in his frenzy and rage pushed the native aside, and angrily called out for Rangihaeata to come forward. That chief, on hearing his name, came from behind the bushes which concealed him, and, leaping into the midst of the throng, began to brandish his hatchet in dangerous proximity to the magistrate's head, meanwhile upbraiding him in a most violent manner. "What do you want with Rangihaeata that you come here to bind him? Do I go to Port Jackson or to Europe to steal your lands? Have I burned your house? Have I destroyed tents or anything belonging to you?" Such were the pertinent inquiries made by the angry chief; and, as it was quite evident from his flashing eyes and bitter tones that he was in no mood to be trifled with, Mr. Patchett appealed to the chief surveyor to interfere, "otherwise," he said, "we shall all be murdered." Rauparaha, seeing that his companion's manner was not likely to improve matters, ordered him to retire and leave the settlement of the matter to Puaha and himself, at the same time leading Rangihaeata's lame wife, Te Rongo, to him, so that she might be under his protection. Mr. Tuckett then seized the opportunity of pointing out to Captain Wakefield that, in the event of Rangihaeata's temper getting the better of him, they would be completely at the mercy of the natives, seeing that their retreat had been cut off by the removal of the canoe. After a brief consultation with Puaha, they agreed that it would be wiser to restore the means of communication between themselves and their party on the other side of the stream. Captain Wakefield, taking the initiative, jumped into the canoe, and with the aid of a pole shoved the bow down the stream until he found a convenient landing-place on the other side. While this movement was in progress, Mr. Thompson[159] had made another attempt to place the handcuffs upon Rauparaha's wrists. Just at that moment, when the chief had indignantly wrested his hand from the magistrate's grasp, and was bitterly protesting against the conduct of the Queen's officers, Captain Wakefield stepped on to the opposite bank of the creek, and, noticing a threatening movement towards Mr. Thompson on the part of the natives, in a loud voice gave the command, "Men, forward; Englishmen, forward!" The company at once obeyed, and four of the men who were in the front, Morgan, Clanzey, Ratcliffe and Tyrrell, jumped into the canoe for the purpose of crossing over to assist Mr. Thompson. Almost simultaneously the latter turned and entered the canoe at the other end, with the result that she was nearly capsized. A momentary confusion ensued, during which one of the Englishmen, in striving to get in front of his companions on the bank, tripped and fell, and in the fall his gun was accidentally discharged. That was the fatal crisis, for it turned what had hitherto been only stirring drama into fearful tragedy.

The natives had now no doubt that the Europeans had come to fight, and Te Rauparaha, believing death to be imminent, turned, and, stretching his arms heavenward, exclaimed, "_Hei kona e te ra, hei kona e te ao marama--haere mai e te po, haere mai e te mate_" (Farewell, O sun, farewell, thou world of light; come on, O night, come on, O death). This was a cry which a chief would only utter in a situation of deepest stress, and no Maori loyal to his leader would refuse to obey the call, even though it should cost him his life. The natives therefore briskly returned the fire, the first volley being fatal to Tyrrell, who was shot in the throat. Clanzey and Ratcliffe were also shot by the first discharge of musketry, and their bodies fell into the water and sank to the bottom. The Englishmen returned volley for volley, and, in the midst of the general fusilade, Mr. Thompson and his party passed safely over in the canoe. Mr. Tuckett was the last to leave the bank on which the natives were, which he did by entering the stream, and, with one hand on the canoe, pulling himself through the water. At this stage of the fight the natives might easily have killed every one of the leading Europeans; for, when the latter started to cross the stream, the muzzles of the native guns were no more than a few yards away from them. The fact that they were not shot must have been due to some chivalrous sentiment on the part of the natives, who, seeing them unarmed, honourably abstained from attacking them. For some ten minutes after crossing the creek, Mr. Tuckett stood no more than twenty yards away, fully exposed to the fire that was being kept up by the natives and fourteen or fifteen of the European rank and file. Beside him stood Messrs. Barnicoat, Cotterell, Richardson, Patchett, and Maling. The two latter were shot almost at the same moment. Mr. Richardson bent over Mr. Patchett and inquired if he was hurt, to which he replied, "I am mortally wounded--I am mortally wounded; you can do no good for me; make your escape."

The bullets now began to rain down upon them thick and fast. As several of the labourers had fallen in the vicinity, including Northam, Smith, and Burton, Mr. Tuckett and his friends retired to the foot of the ridge, whither the other officers had gone with a portion of the men to consult as to the best course to pursue. They decided to retreat up the hill, and called to Mr. Tuckett and the rest of the party to follow them. This act of mistaken generalship cost them dear, for up to that time their fire had kept the natives penned up on the other side of the stream. But the moment they observed the Europeans falling back, they dashed into the water, and, carrying their guns above their heads to keep them dry, crossed over and took possession of the trees which grew on the opposite edge. Secure within this cover, they opened a galling fire upon the Europeans, who were now hopelessly exposed upon the face of the fern-clad hill.

Mr. Thompson did his utmost to steady the party by exclaiming, "For God's sake, men, keep together!" But his appeals were for the most part disregarded, not more than a third of the men remaining with their leaders, the rest retreating up the ridge and firing haphazard as they went. Captain Wakefield's attempts to instil something like discipline into the men were likewise frustrated by some panic-stricken individual rushing up and shouting out, "Run for your lives, lads, run!"--an injunction which they were not slow to obey. In an instant all semblance of organisation had disappeared. Time after time a few men were got together, but the majority were always utterly beyond control. On the last partial rally Captain Wakefield and Warrant Officer Howard ordered the men to fix bayonets and charge the natives; but on one of the men (Richard Painter), who had been in the artillery, pointing out that there was no one visible to charge at, the idea was abandoned. The natives were still maintaining a steady fire, and a protest on the part of the artilleryman, who declined to remain where he was "and be shot down like a crow," led to a further retreat up the hill-side. On the second brow of the hill they met Mr. Cotterell, who was sitting down with a double-barrelled gun at his side. At the commencement of the quarrel he had been unarmed, but he had now seized this weapon in self-defence. He appeared deeply distressed at what had occurred, and expressed his intention of quitting the scene; but he was dissuaded from this course by Captain Wakefield, who, addressing him in most earnest tones, said, "For God's sake, Mr. Cotterell, don't attempt to run away; you are sure to be shot if you do." Mr. Cotterell therefore remained with the party, only remarking to Painter, one of his own men, "This is bad work, Dick."

Being now out of range of the native fire, a council of war was held of such of the party as could be got together, and finally it was decided that Captain England and Mr. Howard should bear a flag of truce to the natives, and endeavour to settle the dispute by negotiation. A white handkerchief was accordingly fixed on a stick, and, with this fluttering in the breeze, the two officers started towards the wood. As an indication of their sincerity in desiring to relinquish fighting, Captain Wakefield ordered all those who were with him to lay their arms on the ground, and the natives, seeming fully to appreciate the nature of the advances that were being made to them, ceased firing, and a number of them left their muskets behind the trees and came out to meet the bearers of the flag. Captain England and his comrade had almost reached the wood, when some of the Englishmen who had halted much higher up the hill than Captain Wakefield, seeing the Maoris emerging from the bush, commenced to fire upon them, notwithstanding that they had seen the flag of truce, as well as their companions laying down their arms. Regarding this as a dastardly act of treachery, the Maoris beat a hasty retreat into the bush, and reopened a rapid fire upon the Englishmen, whereupon Captain England and Mr. Howard ran back to the hill, and reached the spot from which they had started, uninjured by the native bullets.

This attempt at conciliation having failed through the folly of their own people, the magistrate and Captain Wakefield decided to go further up the hill and meet those who were in advance of them, to induce them, if possible, to act in concert with the rest. In this they were no more successful than before, for no sooner did the one section begin to advance than the other began to retreat. Seeing that this must go on indefinitely, Mr. Tuckett endeavoured to persuade Captain Wakefield that their best hope of reaching the beach and getting back to the brig was to abandon the ridge which they were climbing, and strike down into the plain. Although this advice was twice pressed on Wakefield, he took no notice of it, and Mr. Tuckett thereupon, calling to Mr. Barnicoat and a labourer named Gay to follow him, descended in an oblique direction on to the plain below. For a moment Mr. Cotterell hesitated which course to take, but finally decided to go up the spur with the rest, and this decision cost him his life. When Captain Wakefield and his party began their last retreat, most of them left their muskets lying on the brow of the hill, and were therefore quite defenceless; but the Maoris kept up a running fire as they gradually crept up the side of the range. As they approached the summit of the first knoll, Mr. Cotterell stopped and surrendered himself when the natives reached him, calling out, "Enough, enough! that will do the fight," in the hope of assuring them that the Europeans wanted peace. But he was immediately struck down and his body thrown into a manuka bush. Captain Wakefield followed his example by surrendering a few minutes later, as did also Captain England, Messrs. Richardson, Howard, Brooks, Cropper, McGregor, and the magistrate. A few of the younger natives were in the van of the pursuit, and these held the prisoners in hand until the arrival of Rauparaha, whom they had outstripped. At first gold was offered as ransom, and it seemed as if the feud would end without more bloodshed, for the chief had accepted the assurances of Captain Wakefield that the shooting had been a mistake, and had shaken hands with them all. But Rangihaeata, who had killed the wounded as he found them lying on the hillside, panting with haste and anger, rushed up and called out to Rauparaha, "What are you doing? Your daughter Te Rongo[160] is dead. What are you doing, I say?"

Scorning the acceptance of gold, he then fiercely demanded the lives of the principal Europeans as the only _utu_ that would compensate him for the loss of his wife, exclaiming in impassioned tones, "We are sure to be killed for this some day. The white people will take _utu_; let us then have some better blood than that of these _tutua_ (common men). We are chiefs; let us kill the chiefs, and take _utu_ for ourselves beforehand." To this Rauparaha was at first reluctant to agree, and his objections were well supported by Puaha and the other Christian natives; but he felt that, in view of Te Ronga's death, the demand was a reasonable one, and he at length yielded to the powerful appeal of his lieutenant, and delivered the unfortunate colonists over to their fate.