Chapter VII: Wakefield and the Wairau (3)

"But whatever may be the crime, and whoever may be the criminals, it is but too clear that the event we must all deplore has arisen from several parties of surveyors, without the concurrence of the local Government, proceeding to take possession of and to survey a tract of land in opposition to the original native owners, who had uniformly denied its sale. His Excellency therefore deems it proper to inform you that the New Zealand Company has not selected any block of land in the valley of the Wairau, nor has the local Government yet received any intimation that it is the intention of the Company to select a block in that district."

To say that the Englishmen were trespassers is the mildest way in which the case against them can be stated, especially in view of the forceful opinion expressed by Mr. Swainson, the Attorney-General, who described their conduct as "illegal in its inception and in every step of its execution, unjustifiable in the magistrate and four constables, and criminal in the last degree on the part of the attacking party." Writing from Port Nicholson ten days after the massacre, Mr. Spain confirmed Mr. Swainson's condemnation of their conduct, which he declared to be "an attempt to set British law at defiance and to obtain, by force, possession of a tract of land, the title of which was disputed, and then under the consideration of a commissioner specially appointed to investigate and report upon it." From the information he had been able to collect, Mr. Spain arrived at the conclusion that at the commencement of the affair the natives exhibited the greatest forbearance, and the utmost repugnance to fight with the Europeans. His views were cordially endorsed by Mr. Clarke, the Protector of the aborigines, who reported to the Acting-Governor that he was "satisfied that such an unhappy affair as that of the Wairau could never have occurred had not the natives been urged to it by extreme provocation." These emphatic opinions from men who were not only capable of arriving at a judicial conclusion, but were impartial in the sense that they were not concerned in the catastrophe, together with the decision of the Attorney-General that no act of felony had been committed by the natives in burning the huts, fortified His Excellency in ignoring the violent clamour of the settlers for revenge. They induced him even to go further, and prohibit the military displays which they were beginning to organise amongst themselves under the plea that they were in imminent danger of being attacked by the natives. This prohibition was to their excited minds the crowning injustice of all; and in October, when H.M.S. _North Star_ arrived at Port Nicholson, the Wellington and Nelson settlements were practically in a state of open rebellion. When Sir Everard Home was applied to by the colonists to execute a warrant against Rauparaha and Rangihaeata for murder, he was compelled to "decline the honour," and admit candidly that he did not consider a force so necessary to put a check upon the natives as to keep in subjection the irate settlers themselves. The settlers further memorialised Sir Eardley Wilmot, Governor of Tasmania, for assistance, and he immediately sent a battleship to their aid. But he took the precaution to warn Captain Nicholson not to land his troops unless the natives and Europeans were in actual conflict; and this not being the case when the ship arrived, she soon after took her departure. In their extremity the settlers then turned to a French frigate which was lying in New Zealand waters; but Major Richmond, on hearing of the proposal to call upon her captain for aid, indignantly vetoed it as being "a stain upon British arms."

The social and political atmosphere was still in this condition of ferment when, towards the close of the year, Captain Fitzroy, the newly appointed Governor, arrived. It was not, however, until February that he was able to give his undivided attention to the adjudication of matters connected with the massacre; but he then spared no pains to make himself master of all the facts upon which a decision was to be based. He first studied the merits of the European case, and then journeyed to Waikanae, where he landed on February 12, 1844, with his suite, consisting of Sir Everard Home, Mr. Spain, the officers of the _North Star_, Major Richmond and Mr. Symonds, the Wellington magistrates, and Mr. George Clarke, the Sub-Protector of the aborigines. There he met Rauparaha and Rangihaeata with upwards of four hundred of their tribe, congregated for the _korero_ in an enclosure in the centre of the _pa_, the Governor being provided with a chair, Rauparaha sitting by his side. His Excellency, addressing the assembled natives through Mr. Clarke, said:--

"I have heard from the English all that happened at the Wairau, and it has grieved my heart exceedingly. I now ask you to tell me your story so that I may compare the two and judge fairly. When I have heard your account of that dark day, I will reflect and then tell you what I shall do. The bad news I have just heard about killing the English after they had ceased fighting, and had trusted to your honour, has made my heart very dark, has filled my mind with gloom. Tell me your story that I may compare it with the English, and know the whole truth. When I first heard of the death of my friends at the Wairau, I was very angry and thought of hastening here with many ships of war, with many soldiers, and several fire-moved ships (steamers). Had I done so your warriors would have been killed, your canoes would have been all taken and burnt, your houses and your _pas_ would have all been destroyed, for I would have brought with me from Sydney an irresistible force. But these were hasty, unchristian thoughts: they soon passed away. I considered the whole case. I considered the English were very much to blame even by their own account, and I saw how much you had been provoked. Then I determined to put away my anger and come to you peaceably. Let me hear your story."

Rauparaha then arose, and after being exhorted by several of his tribe to speak out that all might hear, he began in slow and measured tones to narrate their land troubles with the Company in the Wellington settlement, and then he passed on to the Wairau. This land, he declared, was taken away by Thompson and Captain Wakefield, and he described the visit of Rangihaeata and himself to Nelson to protest against its occupancy; nor did he omit to mention the threats then used towards them by Captain Wakefield. Then he told how they had gone over and stopped the survey, and brought Messrs. Cotterell and Barnicoat down to the bar, and how they had afterwards met Mr. Tuckett, and likewise refused him permission to remain.

"After Mr. Tuckett had gone to Nelson," said Rauparaha, "we continued our planting, till one morning we saw the _Victoria_ (the Government brig). Then were our hearts relieved, for we thought Mr. Spain and Mr. Clarke had come to settle the question of our lands. Being scattered about on the different places on the river, we took no further notice, expecting a messenger to arrive from Mr. Spain; but a messenger came up to say that it was an army of English, and that they were busily engaged in cleaning their arms and fixing the flints of their guns. They met Puaha, and detained him prisoner. They said, 'Where are Rauparaha and Rangihaeata?' Puaha said, 'Up the river.' After Puaha and Rangihaeata arrived, we consulted as to what we should do. I proposed going into the bush, but they said 'No, let us remain where we are: what have we done that we should be thus beset?' The Europeans slept some distance from us, and, after they had breakfasted, came on towards us in two boats. We remained on the same spot without food. We were much alarmed. Early in the morning we were on the look-out, and one of the scouts, who caught sight of them coming round a point, called out, 'Here they come! here they come!' Our women had kindled a fire and cooked a few potatoes that we had remaining, and we were hastily eating them when they came in sight. Cotterell called out, 'Where is Puaha?' Puaha answered, 'Here I am, come here to me.' They said again, 'Where is Puaha?' Puaha again saluted them. Cotterell then said, 'Where is a canoe for us to cross?' Thompson, Wakefield, and some other gentlemen crossed over with a constable to take me, but the greater number stopped on the other side of the creek. Thompson said, 'Where is Rauparaha?' I answered, 'Here.' He said, 'Come, you must come with me.' I replied, 'What for?' He answered, 'To talk about the houses you have burnt down.' I said, 'What house have I burned down? Was it a tent belonging to you that you make so much ado about? You know it was not; it was nothing but a hut of rushes. The materials were cut from my own ground; therefore I will not go on board, neither will I be bound. If you are angry about the land, let us talk it quietly over. I care not if we talk till night and all day to-morrow; and when we have finished, I will settle the question about the land!' Mr. Thompson said, 'Will you not go?' I said 'No,' and Rangihaeata, who had been called for, and who had been speaking, said so too. Mr. Thompson then called for the handcuffs and held up the warrant, saying, 'See, this is the Queen's book, this is the Queen to make a tie, Rauparaha.' I said, 'I will not listen either to you or your book.' He was in a great passion; his eyes rolled about and he stamped his feet. I said I would rather be killed than submit to be bound. He then called for the constable, who began opening the handcuffs and advancing towards me. Mr. Thompson laid hold of my hand. I pushed him away, saying, 'What are you doing that for?' Mr. Thompson then called out 'Fire!' The Europeans began to cross over the creek, and as they were crossing they fired one gun. The women and children were sitting round the fire. We called out, 'We shall be shot,' After this one gun, they fired a volley, and one of us was killed, then another, and three were wounded. We were then closing fast; the _pakehas_' guns were levelled at us. I and Puaha cried out, 'Friends, stand up and shoot some of them in payment.' We were frightened because some of them were very close to us. We then fired; three of the Europeans fell. They fired again and killed Rongo, the wife of Rangihaeata. We then bent all our energy to the fight, and the Europeans began to fly. They all ran away, firing as they retreated; the gentlemen ran too. We pursued them and killed them as we overtook them. Captain Wakefield and Mr. Thompson were brought to me by the slaves, who caught them. Rangihaeata came running to me, crying out, 'What are you doing, I say?' Upon which some heathen slaves killed them at the instigation of Rangihaeata; neither Puaha nor the Christian natives being then present. There was no time elapsed between the fight and the slaughter of the prisoners. When the prisoners were killed, the rest of the people were still engaged in the pursuit, and before they returned they were all dead. I forgot to say that during the pursuit, when we arrived at the top of the hill, Mr. Cotterell held up a flag and said, 'That is enough, stop fighting!' Mr. Thompson said to me, 'Rauparaha, spare my life.' I answered, 'A little while ago, I wished to talk to you in a friendly manner, and you would not; now you say, 'Save me,' I will not save you. It is not our custom to save the chiefs of our enemies. We do not consider our victory complete unless we kill the chiefs of our opponents. Our passions were much roused, and we could not help killing the chiefs."

At the conclusion of Rauparaha's address, Captain Fitzroy desired time to reflect upon what he had just heard, and, at the expiration of half-an-hour, he announced his decision as follows:--

"Now I have heard both sides, I have reflected on both accounts, and I am prepared to give my judgment. In the first place, the English were wrong; they had no right to build houses upon lands to which they had not established their claim--upon land the sale of which you disputed; on which Mr. Spain had not decided. They were wrong in trying to apprehend you, who had committed no crime. They were wrong in marking and measuring your land in opposition to your repeated refusal to allow them to do so until the Commissioner had decided on their claim. Had you been Englishmen, you would have known that it was wrong to resist a magistrate under any circumstances, but not understanding English law, the case is different. Had this been all, had a struggle caused loss of life in the fight--wrong and bad as it would have been to fight in the sight of God--I could not have blamed you so much as the English. The very bad part of the Wairau affair--that part where you were very wrong--was the killing of the men who had surrendered, who trusted to your honour as chiefs. Englishmen never kill prisoners; Englishmen never kill men who have surrendered. It is the shocking death of these unfortunate men that has filled my mind with gloom, that has made my heart so dark, that has filled me with sorrow; but I know how difficult it is to restrain angry men when their passions are aroused. I know you repent of your conduct, and are now sorry that those men were killed. As the English were very greatly to blame, as they brought on and began the fight, and as you were hurried into crime by their misconduct, I will not avenge their death."[172]

In arriving at this determination, Captain Fitzroy may have been actuated to some extent by considerations of expediency; for, had he decided in any other way, the reprisals of the English would undoubtedly have created a war with the natives, which the Government was not in a position at that juncture to carry to a successful issue. Therefore, to have provoked hostilities with Rauparaha would have meant the obliteration of all the settlements before the necessary reinforcements could have arrived. At the same time, there was a large measure of justice in the course he chose to adopt, which, in the calmer judgment of to-day, must receive the endorsement of all impartial men, as it did that of Lord Stanley, the Secretary of State for the Colonies, immediately the Governor's decision was known to the Home authorities. In his despatches on the subject, Lord Stanley made it clear that, in his opinion, Mr. Thompson and Captain Wakefield had needlessly violated the rules of English law, the maxims of prudence, and the principles of justice; and having thus provoked an indefensible quarrel with a barbarous tribe, they could not reasonably complain at the barbarities practised in the subsequent conflict. He was therefore satisfied that, in declining to make the Wairau massacre a subject for criminal proceedings, the Governor had taken a wise, though undoubtedly bold, decision. As might have been expected, the action of Captain Fitzroy in refusing to arrest the two chiefs created a tempest of ill-will against him amongst the settlers, but, on the other hand, the Maoris were overjoyed at the prospect of once more possessing the friendship of the _pakeha_, and instantly resumed a sociable demeanour towards the colonists. This feeling, upon the advent of Captain Grey as Governor, was gradually reciprocated by the Europeans, who in time came to recognise the folly of their fears, and the absurdity of their hostile attitude. In this way, the startling nature of the catastrophe, which had paralysed the efforts of the New Zealand Company and thrown a pall over the settlement of the whole Colony, began to lose its deadly effect, and the splendid scheme of setting a new gem in the British Crown was rescued from the disaster which threatened it.

[154] On the 13th June, Captain Wakefield wrote to his brother from Nelson: "The magistrates have granted a warrant, and Thompson, accompanied by myself, England, and a lot of the constables, are off immediately in the Government brig to execute it. We shall muster about sixty, so I think we will overcome these travelling bullies."

[155] As told to the author by the late Mr. Barnicoat.

[156] Saturday, June 17, 1843.

[157] John Brooks had been engaged as a sawyer at Cloudy Bay. He was thoroughly acquainted with the native language and habits, having been eight years resident amongst the Waikato tribes.

[158] Rawiri Kingi Puaha was born at Kawhia, and belonged to one of the best of the Ngati-Toa families. He migrated southward with Te Rauparaha, and was married to one of Te Pehi's daughters. He died at his own village, Takapuahia, Porirua Harbour, on September 6, 1858. He was a man widely respected by the colonists, and to the day of his death he "maintained a high character as a consistent and conscientious Christian."

[159] "The conduct of Mr. Thompson has been unquestionably the means of bringing about the fatal conflict in which he himself lost his life. There is only one way of accounting for the part he has acted in that affair; as far as he is concerned, no more blame can be attached to him than to any other lunatic, for such he was to all intents and purposes, and such he was well known to be, even to Mr. Shortland" (_Martin's Letters_).

[160] Te Rongo was not the _daughter_ of Te Rauparaha, as that word is generally understood by Europeans, but a much more distant relative. She was the widow of Te Whaiti, a nephew of Rauparaha and a first cousin of Rangihaeata, who married her because she was the widow of his near relative. The story that she was shot while standing in front of Rangihaeata to protect him is pure romance. She was killed by a stray bullet while hiding in the swamp at the rear of the Maori camp.

[161] "Yesterday we passed (near Maraekowhai) the grave of Te Oru, the chief who killed Captain Wakefield at the Wairau" (_Crawford's "Travels in New Zealand"_).

[162] This referred to an incident which occurred in 1839. A degenerate whaler named Dick Cook had cruelly murdered a native woman, Rangiawha Kuika, who was the wife of an Englishman named Wynen. The natives wished to deal with him in their own summary way, but the Rev. Mr. Ironside persuaded them to send him to Wellington to be tried according to the British forms of justice. He was charged with the crime at the Supreme Court, but was acquitted, the evidence being mainly circumstantial, his own wife (also a native woman), who saw him do the deed, not being allowed to give testimony against him. This was a delicate point which the natives could not understand, and they ever after retained the firm conviction that an injustice had been done in not punishing him.

[163] Mr. Clarke, Sub-Protector of the aborigines, estimated that in 1843 there were 11,650 natives capable of bearing arms inhabiting the shores of Cook Strait. In a petition to Parliament signed by seven hundred residents of Wellington shortly after the massacre, it was stated "that it is in the power of the aborigines at any time to massacre the whole of the British population in Cook Strait, and Rauparaha has been known to declare that he will do it."

[164] On the 29th June, the Wellington magistrates met at Mr. McDonough's house, and on the motion of Dr. Evans, seconded by the Hon. J. Petre, it was resolved: "That Mr. Spain, the Commissioner of Lands, be requested to go in his capacity as one of the magistrates to communicate to the native chiefs and tribes of Cook Strait their determination, which is not to take or to sanction any attempt to take vengeance for the death of the white men at Wairau, but to leave the whole matter to the decision of the Queen's Government, who will inquire into it and decide according to law."

[165] Now known as Whanganui.

[166] Te Ahu karamu's son was travelling with Wakefield on this journey, and under the impression that Wakefield would kill him in revenge for the massacre, Te Ahu "had furiously urged the Otaki natives to join Rauparaha and Rangihaeata in an attack upon Wellington."

[167] "Some of the whalers present laughed at this, having too many friends and relatives by their wives to fear being turned out. Taylor, among the number, laughed outright, for he had lived with the tribe for many years and was a general favourite among them. Rauparaha turned to him and said, 'You must go too, Sammy'" (_Wakefield_).

[168] Wakefield has said that Rauparaha not only rebuked the Queen, but spoke offensively of her. But it must always be remembered that he was naturally prejudiced against the chief, and that he was frequently vindictive towards those from whom he differed.

[169] "Taiaroa talked to me for some time about land in a disgusting jargon composed of whaling slang, broken French, and bad English, so that I was obliged to beg him to speak in Maori, which I could better understand. I then made out that he was angry with 'Wideawake' (Colonel Wakefield) and other white people for taking so much land, and he said he would turn the white people off to the southward if he did not get plenty of _utu_" (_Wakefield_).

[170] These displays had a distinctly disturbing effect upon the native mind, the Maoris regarding them as a sure and certain sign that the settlers meditated an attack upon them.

[171] The entire military force in the Colony at the moment of the massacre was one weak company of infantry stationed at Auckland, and there was no vessel of war on the station (_Mundy_).

[172] This decision was written out in pencil and handed to Mr. Clarke to read out to the assemblage. Because Governor Fitzroy did not claim the Wairau district as having been paid for with blood--a course which the chiefs fully expected would be taken, in accordance with their own customs--British prestige and power are said to have suffered considerably in their estimation, and Rangihaeata is reported to have remarked, "_He paukena te pakeha_" (The Governor is soft, he is a pumpkin). When the Middle Island was sold to the Government by Taiaroa and the descendants of Tamaiharanui, Rangihaeata claimed part of the payment as compensation for the death of Te Pehi and his friends killed at Kaiapoi, and his claim was allowed by Governor Grey.