Chapter IV: The Maori Magna Charta (1)

So soon as the _Herald_ was come to anchor she was boarded by Mr. Busby and three of the resident Missionaries, from whom Captain Hobson learned that his apprehensions regarding French occupancy were groundless, the tricolour on the hill indicating no more than the whereabouts of Bishop Pompallier's church. One of the visitors who had come thus early to pay his respects to the new Governor was Mr. Colenso, with whom Captain Hobson entered into an arrangement for the printing, at the press of the Church Missionary Society, of circular letters inviting the chiefs to meet him at Mr. Busby's residence at Waitangi on the following Wednesday, for the purpose of discussing the proposals of the British Government; and to all the British residents requesting their presence at the Mission church at Kororareka on the following day, there to hear Her Majesty's Commission under the Great Seal, extending the limits of the colony of New South Wales, and also Her Majesty's Commission under the Royal signet and Sign manual, appointing Captain Hobson as Lieutenant-Governor over such part of that colony as might be acquired in Sovereignty in New Zealand. These invitations were in circulation on the following morning, messengers being despatched to inform the chiefs, while the European residents perused the notice issued to them with marked interest and mixed feelings. During the afternoon Captain Hobson, accompanied by Captain Nias and his officers, landed on the Kororareka beach, and walking to the church there read his Letters Patent in the presence of the assembled people, forty of whom so far signified their approval of the proceedings as to subscribe their names to the document. The proclamations framed by Sir George Gipps and his Executive were also read, the first announcing that Her Majesty's authority had been asserted over British subjects in New Zealand; the second, which was by no means so popular, acquainting the public of the fact that Her Majesty did not deem it expedient to acknowledge as valid any titles to land in New Zealand which were not derived from, or confirmed by, a grant from the Crown.

These ceremonies concluded, the intervening days were spent in completing arrangements for the fateful gathering on the 5th, not the least arduous duty being the drafting of the treaty, upon the acceptance or rejection of which everything would depend. The exigencies of the position demanded that the greatest care should be exercised in framing the terms of the document,[51] because while it was desired that the proposal of the Crown should be stated with the utmost frankness, the least looseness of expression might imperil the whole project by raising ungrounded alarm in the minds of the natives.

To guard against this it was necessary that those concerned in the preparation of the treaty should have not only a full knowledge of the Crown's intentions, but also an intimate acquaintance with the subtleties of the native character. This latter qualification neither Captain Hobson nor the members of his staff possessed even in a remote degree. To add to their difficulties, Captain Hobson began now to experience the first symptoms of that illness which in less than three years proved fatal to him. He became indisposed, and was unable to leave the _Herald_. In the seclusion of his cabin, however, he devoted himself to an effort to reduce to concrete terms the obligations in which the Crown was prepared to involve itself, and the reciprocating advantages it would require from the natives. In this he achieved but meagre success, and conscious of failure he despatched his chief clerk, Mr. George Cooper, to Mr. Busby, giving him his rough notes together with a request that the erstwhile Resident might favour him with his opinion as to their suitability as the basis of the treaty.

Mr. Busby had no hesitation in saying that he regarded them as quite unsuitable, but offered to prepare the draft treaty for Captain Hobson's consideration, if such a service would be acceptable. To this Mr. Cooper replied that nothing would afford His Excellency greater pleasure, as he recognised that Mr. Busby's seven years of official training and native experience had furnished him with many qualifications for the task. The result was entirely satisfactory. The draft prepared by Mr. Busby was adopted by Captain Hobson without alteration beyond the transposition of certain paragraphs, which did not in any degree affect the spirit or the sense of what has long been regarded as the Maori Magna Charta.

A pleasant interlude was afforded by the presentation to Captain Hobson of an Address of Welcome by forty-five of the settlers, in which they expressed their gratification at his safe arrival, and at the early prospect of the establishment of British law and authority in the Islands, which had long been the desire nearest to their hearts. They expressed equal gratification at the appointment of a gentleman as Lieutenant-Governor so distinguished for courage, firmness, justice, and humanity as Captain Hobson, presaging as it did a bright era of prosperity for the colony. They expressed their readiness to await with patience the unfolding of a scheme of government in which the best interests of all were involved, and promised not only to continue the service of loyal subjects of the Queen, but to aid with their best exertions her representative in establishing order, law, and security for life and property in what they were pleased to designate "this improving and important colony."

As was becoming of him, Captain Hobson replied in most gracious terms, which seemed to indicate the existence of a useful harmony between the new Governor and the more decently-disposed settlers.

Not so the speculative element, who were deeply chagrined at the unexpected turn affairs had taken. To these law-breakers the arrival of Hobson meant the complete suspension of their future operations, and what was equally distasteful, a revision of their past transactions. Their hope, therefore, lay in preventing the consummation of the official plan, and before the Lieutenant-Governor had been at the Bay twelve hours, the lawless and the land-grabber were busy poisoning the native mind against the Governor's proposal, telling them with many dark insinuations and bitter taunts, that now they were to be made _taurekareka_--the "slaves" of the Queen.

These mischievous suggestions naturally had a disquieting influence upon the minds of many of the chiefs, who had not as yet gathered the full purport of the impending change, and whose haughty spirit rebelled against the prospect of any loss in tribal dignity. Fortunately they were able to appeal with confidence to the Missionaries, and to the credit of that body it must be said that they were as loyal to their country as they had already proved themselves faithful to their church. Mr. Henry Williams, the head of the Church Missionary Society's group of Missionaries, than whom no man wielded greater influence with the natives at this period, was not at the Bay of Islands when the _Herald_ arrived. He had just returned to the Waimate Mission station from the Manawatu, whither he had gone with Tamihana Te Rauparaha, and Matene te Whiwhi, to install the Rev. Octavius Hadfield in his West Coast charge. The hurried decision of the Home Government to forestall the New Zealand Company had been as unknown to him as it was to the other residents of New Zealand, and the first intimation he had that the change he so much desired was near fruition, was a letter from the Bishop of Australia informing him of Captain Hobson's arrival in Sydney, and the rumoured report of his mission. Bishop Broughton earnestly advised the Missionary to assist Captain Hobson to the end that success might crown his efforts.[52]

Closely following upon this came a letter, dated January 30, 1840, from Captain Hobson, inviting Mr. Williams to meet him at his earliest convenience, and although it was late at night when the messenger arrived, he made immediate preparations to comply with the request. Leaving home early in the morning the energetic Missionary boarded the _Herald_ that afternoon, and congratulated the newly-arrived Governor upon his coming, which indeed was a pleasant surprise. He assured him of the hearty support of the Missionaries in the purpose of establishing Her Majesty's authority in the Islands, and of his own personal aid to any extent that it might be of service to him.

Of this offer Captain Hobson availed himself a few days later, when at 4 P.M. on February 4 he brought to him the draft of the treaty which had been prepared for submission to the chiefs at Waitangi on the morrow, and asked that he might be good enough to translate it into the native language. In this Mr. Williams had the assistance of his son Edward, who was then regarded as the scholar _par excellence_ in the Nga-Puhi dialect, the purest of all the dialects of the Maori tongue.

The task of translation was necessarily a difficult one, it being essential that there should be a complete avoidance of all expressions of the English for which there was no equivalent in Maori, and yet permitting no alterations which would destroy the original spirit and tenor of the treaty. Upon its completion the work was revised by Mr. Busby, who suggested the elimination of the word _huihuinga_ used by the translators, and the substitution of _whakaminenga_ to more adequately express the idea of the Maori Confederation of Chiefs. With this exception the translation was adopted, and the excellence of its rendering may be judged from the fact that though it has been many times tried by the most accomplished of Maori scholars, the translation has never been shaken, and stands to-day a perfect native reflex of the European mind, conveying in all probability a clearer view to the Maori of what the treaty meant than the English version has done to the average _Pakeha_.

The scene chosen for the conference with the chiefs was the lawn in front of Mr. Busby's house,[53] which stands upon a gently sloping promontory directly opposite the old town of Kororareka. A large and commodious building, with its French casements, cedar doors, and old-fashioned fittings, it looks out across the Bay from the seclusion of its plantation of imported trees. Down between the house and the sea beach there runs a grassy slope, at the termination of which rises a grove of the beautiful _Pohutukawa_, which had just shed their blaze of Christmas bloom when Captain Hobson arrived.

To the right flow the tidal waters of the Waitangi River, whose falls four miles beyond its mouth have given their name to the district.[54] Upon the flat which fringes the river bank, the Maoris camped amongst the cabbage palms, and the smoke of their fires might have been seen curling upwards until it was lost in the mists of the morning air. Still farther to the right, and across the river, under the forest-clad hill, nestled the little Mission station of Paihia, where Mr. Colenso was industriously producing copies of the New Testament from his primitive printing-press. Away to the left, in Oihi Bay, stands the cross marking the spot where the first Christian sermon was preached to the Maoris by Samuel Marsden, on Christmas Day of 1814, and between these two points where they had first received the spoken and the written Word, the natives were now asked to decide a question that very largely involved their political salvation.

The morning of the auspicious day (Wednesday, February 5) broke with nature's approving smile upon it. The sun shining brightly in the Heavens lit up the blue waters of the Bay, the slopes of the brown hills, the shadows of the sombre forest in which the birds sang even more blithely than was their wont. Many of the natives had arrived during the previous day, and the face of the harbour was still alive with canoes speeding from all directions to the place of meeting, their crews keeping time with their paddles to the chant of the excited _Kai tuki_[55] as he stood upon the centre thwart, urging by word, song, and gesture, a more vigorous bending of broad backs and straining of tawny arms in the hope of outstripping his opponents in the race to Waitangi.

On shore a large marquee had been erected upon the grassy lawn in front of Mr. Busby's residence, towards which the bunting of the _Herald_ had been liberally applied, the Union Jack waving gaily over the whole scene until the official proceedings were begun, when it was lowered as an indication that sovereignty had not yet been ceded to the Queen. The ships in the harbour had likewise marked the occasion by displaying all their bright flags and in the brilliant sunlight the scene was one of picturesque animation, not the least interesting feature being the blue-shirted settlers--British and American[56]--promenading on the lawn. As a counterpoise to these there were the groups of natives squatting on the ground, each tribe discussing with ample gesticulation and volubility the treaty from their own immediate point of view. "Beyond the grounds," writes Dr. Bright, "refreshment was vended to the Europeans and many a cork (adopting a poetic phrase) escaped its glassy confines, to let out, not a lake, but Dunbar's foaming stout, or Hodge's paler streams. Nor were more patrician fluids wanting; nor yet ardent cognac; nor the clear burning fluid of St. Giles' dames; nor the spirit of storms, rum, which sailors gulp, ingulphing a torrid zone within no temperate one--all waters of fire to the sober Maori, and which they might be taught are waters that the Devil navigates to reach the island of the soul. Nor was there wanting solid aliment--pork, salt and fresh, in various forms of hams, cold roast, pork pies, and baskets of bread and biscuit all to be transmuted into money. Troops of natives came from all directions to the _korero_ with the _rangatira nui_, or great gentleman from England. You might inspect a group of brown skins and then a group of white skins, and with but little puzzling discern the same stage-stock of feelings common to both. The Europeans were very numerous but the natives were more so, many who came from a distance carrying guns. What, thought I, if these savages refuse to accede to the treaty, is to hinder them from driving us into the sea, or into their ovens? What greater proof of their sovereignty than their willingness to yield it up to us?"

At 9 o'clock the Lieutenant-Governor, accompanied by Captain Nias, landed at Waitangi, and they were shortly afterwards followed by the officers of the ship, Lieutenant Shortland and the members of the civil staff, and by the Missionaries who were resident in and about the Bay of Islands.

During this time Captain Hobson, Mr. Busby, and Mr. Henry Williams, were engaged in a final discussion upon the treaty and its translation. At 10.30 Bishop Pompallier, the newly-appointed Roman Catholic Bishop of Oceania, dressed in full canonicals[57] and accompanied by one of his priests[58] arrived from Kororareka, and without displaying any hesitation, walked straight to Mr. Busby's house, and entered the room in which the Lieutenant-Governor and his associates were in close conference. The Bishop's manner was so full of confident assurance that the two constables[59] standing on guard at the door were so completely taken by surprise that they failed to challenge the cleric's right to enter. The incident was equally startling in its dramatic suddenness to all the astonished onlookers, and it made a considerable impression upon the natives. In their eyes the pomp and circumstance implied by the ecclesiastical dress meant much, while the air of superior authority with which the proceeding had been carried out conveyed the suggestion to them that this man must indeed be a _rangatira_.[60]

A buzz of comment arose, the natives whispering amongst themselves, "_Ko ia anote tino rangatira! Ko Pikopo[61] anake te hoa mo te Kawana._" "This surely is the chief gentleman. The Bishop only is the companion for the Governor."

The importance of these comments were not lost upon the Church Missionaries, who were deferentially standing outside, and a hurried conference resulted in their deciding to be on equal terms with the Bishop. They accordingly moved towards the house, and had just reached the verandah when an announcement was made that the Lieutenant-Governor intended to hold a levee in order that all who had not already been introduced to him, and desired to have that privilege, might do so by entering at one door and passing out at another. While the introductions were proceeding Bishop Pompallier remained in the room, and as the Missionaries were unable to take their position with him owing to the crush in the narrow passage, they made a virtue of necessity and coldly declined to participate in the ceremony.

The levee over, and it was not a lengthy proceeding, Captain Nias and Mr. Busby, preceded by the representatives of the police, came out of the house followed by the Lieutenant-Governor, and in this order the procession was moving towards the tent when the Bishop and his associate stepped briskly forward and took their positions immediately behind Captain Hobson, thus giving the Protestant Missionaries no option but to follow in his wake. "Brethren," said Mr. Colenso, "this won't do. We must never consent to this position."

"No," replied the Rev. Richard Taylor, "I will never consent to follow Rome," and so saying he and his brethren quietly withdrew from the procession and made their way unofficially towards the marquee.

A raised platform had been erected at the end of the marquee, and on this the Lieutenant-Governor and Captain Nias took their seats. Bishop Pompallier and his priest were shown to chairs on the left, and Mr. Henry Williams was directed to a chair on the Governor's right. The other missionaries, Messrs. King, Kemp, Baker, Clarke, and Colenso[62] were modestly standing behind this group when Lieutenant Shortland, who was acting as Secretary to the Governor and as Master of Ceremonies, plucked Mr. Colenso by the sleeve of his coat and said, "Go over to that end and support your cloth," an intimation which, according to Mr. Colenso, they lost no time in attending to, ranging themselves as best they could behind Mr. Williams.

Meanwhile the crowd had been accumulating, and were rapidly finding positions of vantage within the tent. "The scene," says an eye-witness,[63] "was very interesting and impressive. In the centre of the narrow raised platform were the Governor and Captain of the man-of-war in full uniform, on the Governor's left were Mr. Busby and the Roman Catholic Bishop in canonicals, his massive gold chain and crucifix glistening on his dark purple-coloured habit. On the right of His Excellency were the members of the Church of England Mission, in plain black dresses. The different officers of the _Herald_ together with His Excellency's suite stationed themselves as best they could--some here and there on the platform, and some immediately before it. In front of the platform, in the foreground, were the principal native chiefs of several tribes, some clothed with dog-skin mats made of alternate longitudinal stripes of black and white hair. Others were habited in splendid-looking new woollen cloaks[64] of crimson, blue, brown, and plaid, and indeed of every shade of striking colour such as I had never before seen in New Zealand, while some were dressed in plain European, and some in common native dresses. Near by, in the midst, stood Hakitara, a tall native of the Rarawa tribe, dressed in a very large and handsome silky white _Kaitaka_ mat--a garment of the finest and best kind, and only worn by superior chiefs--fringed with a deep and dark coloured woven border of a lozenge and zigzag pattern, the whole of native and national design and manufacture. The sunlight streaming down from an aperture in the top of the tent on this beautiful white dress, admired by natives and Europeans alike, threw the figure of this chief into very prominent and conspicuous relief, forming a fine contrast to the deep and dark shades of colour around; whilst here and there a _hani_ or _taiaha_[65] was seen erected adorned with the long flowing white hair of the tails of the New Zealand dog, and crimson cloth and red feathers. In the distance the raven black and glossy locks of the natives, gracefully ornamented with the snow-white and drooping feathers of sea-birds, and of the white crane, forming a striking contrast, added much to the _tout ensemble_. Around the sides of the tent were the whites, residents, and settlers, by far the greater part being very respectably dressed; and outside of them, against the walls of the tent were flags of different nations, which from the brightness of their colours, gave a charming air of liveliness to the whole, the table being covered by the vivid colours of the Union Jack."

As Captain Hobson rose from his seat the hum of human voices which filled the tent suddenly ceased. Animated conversation gave way to an air of silent expectancy as the Queen's representative began to speak in slow and measured tones. His speech had been carefully prepared, and for the purposes of greater accuracy he relied upon extensive notes.

Where the Treaty was signed.]

"Her Majesty Victoria, Queen of Great Britain and Ireland," he said, "wishing to do good to the chiefs and people of New Zealand, and for the welfare of her subjects living amongst you, has sent me to this place as Governor. But as the law of England gives no civil powers to Her Majesty out of her dominions, her efforts to do you good will be futile unless you consent. Her Majesty has commanded me to explain these matters to you, that you may understand them. The people of Great Britain are, thank God! free, and so long as they do not transgress the laws, they can go where they please, and their sovereign has no power to restrain them. You have sold them lands here and encouraged them to come here. Her Majesty, always ready to protect her subjects is also always ready to restrain them. Her Majesty the Queen asks you to sign this treaty, and to give her that power which shall enable her to restrain them. I ask you for this publicly: I do not go from one chief to another. I will give you time to consider the proposal I shall now offer you. What I wish you to do is expressly for your own good, as you will soon see by the treaty. You yourselves have often asked the King of England to extend his protection unto you. Her Majesty now offers you that protection in this treaty. I think it is not necessary to say any more about it. I will therefore read the treaty."[66]

In a clear voice His Excellency then read the treaty in English for the benefit of the European settlers, the terms of the document being as follows:

TREATY OF WAITANGI

HER MAJESTY VICTORIA, Queen of the United Kingdom, of Great Britain and Ireland regarding with her Royal favour the Native chiefs and tribes in New Zealand, and anxious to protect their just rights and property, and to secure to them the enjoyment of peace and good order, has deemed it necessary in consequence of the great number of Her Majesty's subjects who have already settled in New Zealand, and the rapid extension of emigration both from Europe and Australia which is still in progress, to constitute and appoint a functionary properly authorised to treat with the aborigines of New Zealand for the recognition of Her Majesty's sovereign authority over the whole or any part of those Islands. Her Majesty, therefore, being desirous to establish a settled form of Civil Government with a view to avert the evil consequences which must result from the absence of the necessary laws and institutions, alike to the native population and to her subjects, has been graciously pleased to empower and authorise me, William Hobson, a Captain in Her Majesty's Royal Navy, Consul and Lieutenant-Governor of such parts of New Zealand as may be or hereafter shall be ceded to Her Majesty, to invite the confederate and independent chiefs of New Zealand to concur in the following articles and conditions:

_Article the First_

The chiefs of the Confederation of the United tribes of New Zealand, and the separate and independent chiefs who have not become members of the Confederation, cede to Her Majesty the Queen of England, absolutely and without reservation, all the rights and powers of sovereignty which the said confederation or individual chiefs respectively exercise or possess, or may be supposed to exercise or possess over their respective territories as the sole Sovereigns thereof.

_Article the Second_

Her Majesty, the Queen of England, confirms and guarantees to the chiefs and tribes of New Zealand, and to the respective families and individuals thereof the full, exclusive, and undisturbed possession of their lands and estates, forests, fisheries, and other properties which they may collectively or individually possess, so long as it is their wish and desire to retain the same in their possession; but the chiefs of the United tribes and the individual chiefs yield to Her Majesty the exclusive right of pre-emption over such lands as the proprietors thereof may be disposed to alienate, at such prices as may be agreed upon between the respective proprietors and persons appointed by Her Majesty to treat with them in that behalf.

_Article the Third_

In consideration thereof Her Majesty, the Queen of England, extends to the natives of New Zealand her Royal protection, and imparts to them all the rights and privileges of British subjects.

W. HOBSON, Lieutenant-Governor.

Now, therefore, we the chiefs of the Confederation of the United tribes of New Zealand, being assembled in congress at Victoria, in Waitangi, and we the separate and independent chiefs of New Zealand, claiming authority over the tribes and territories which are specified after our respective names, having been made fully to understand the provisions of the foregoing treaty, accept and enter into the same in the full spirit and meaning thereof; in witness of which we have attached our signatures or marks at the places and the dates respectively specified.

When he had concluded, he turned to Mr. Henry Williams, and invited him to read to the natives the translation which had been prepared in the Maori language.

"In the midst of profound silence," Mr. Williams wrote in subsequent years, "I read the treaty to all assembled. I told all to listen with care; explaining clause by clause to the chiefs, giving them caution not to be in a hurry, but telling them that we, the Missionaries, fully approved of the treaty, that it was an act of love towards them, on the part of the Queen, who desired to secure to them their property, rights, and privileges. That this treaty was a fortress to them against any foreign power which might desire to take possession of their country, as the French had taken possession of Otiaiti."

MAORI TRANSLATION OF THE TREATY OF WAITANGI AS PRINTED AT THE PRESS OF THE CHURCH MISSIONARY SOCIETY, PAIHIA

KO, WIKITORIA, te Kuini o Ingarani i tana mahara atawai ki nga Rangatira me nga Hapu, o Nu Tirani, i tana hiahia hoki kia tohungia ki a ratou o ratou rangatiratanga, me to ratou whenua, a kia mau tonu hoki te Rongo ki a ratou me te ata noho hoki kau wakaaro ia he mea tike kia tukua mai tetahi Rangatira hei kai wakarite ki nga tangata Maori o Nu Tirini. Kia wakaaetia e nga Rangatira Maori te Kawanatanga o te Kuini ki nga wahi katoa o te wenua hei me nga motu. Na te mea hoki he tokomaha ke nga tangata o tona iwi kua noho ki tenei wenua, a e mai nei.

Na, ko te Kuini e hiahia ana kia wakaritea te Kawanatanga, kia kaua ai nga kino e puta mai ki te tangata Maori ki te pakeha e noho enoho ture kore ana.

Na, kau pai te Kuini kia tukua a hau, a Wiremu Hopihona, he Kapitana i te Roiara Nawi, hei Kawana mo nga wahi katoa o Nu Tirini, e tukua aianei amua atu ki te Kuini e mea atu ana ia ki nga Rangatira o te Wakaminenga o nga Hapu o Nu Tirini me era Rangatira atu enei ture ka korerotia nei.

_Ko te tuatahi_

Ko nga Rangatira o te Wakaminenga, me nga Rangatira katoa hoki, kihai i uru ki taua Wakaminenga, ka tuku rawa atu ki te Kuini o Ingarani ake tonu atu te Kawanatanga katoa o ratou wenua.

_Ko te tuarua_

Ko te Kuini o Ingarani ka wakarite ka wakaae ki nga Rangatira, ki nga Hapu, ki nga tangata katoa o Nu Tirini, te tino Rangatiratanga o o ratou wenu o ratu kainga me o ratu taonga katoa. Otiia ko nga Rangatira o te Wakaminenga me nga Rangatira katoa atu, ka tuku ki te Kuini te hokonga o era wahi wenua e pai ai te tangata nona te wenua, ki te ritenga o te utu e wakaritea ai e ratou ko te kai hoko e meatia nei e te Kuini hei kai hoko mona.

_Ko te tuatoru_

Hei wakaritenga mai hoki mo te wakaaetanga ki te Kawanatanga o te Kuini. Ka tiakina e te Kuini o Ingarani nga tangata Maori katoa o Nu Tirani. Ka tukua ki a ratou nga tikanga katoa rite tahi ki ana mea ki nga tangata o Ingarani.

WILLIAM HOBSON, Consul and Lieutenant-Governor.

Na ko matou, ko nga Rangatira o te Wakaminenga o nga Hapu o Nu Tirani, ka huihui nei ki Waitangi. Ko matou hoki ko nga Rangatira o Nu Tirani, ka kite nei i te ritenga o enei kupa, ka tangohia, ka wakaaetia katoatia e matou. Koia ka tohungia ai o matou ingoa o matou tohu.

Ka meatia tenei ki Waitangi, i te ono o nga ra o Pepuere, i te tau kotahi mano, ewaru rau, ewa tekau, o to tatou Ariki.

A TRANSLATION OF THE TREATY OF WAITANGI INTO ENGLISH FROM THE ORIGINAL MAORI

Here's Victoria, Queen of England, in her gracious remembrance towards the chiefs and tribes of New Zealand, and in her desire that the chieftainships and their lands should be secured to them and that obedience also should be held by them, and the peaceful state also; has considered it as a just thing, to send here some chief to be a person to arrange with the native men of New Zealand, that the Governorship of the Queen may be assented to by the native chiefs in all places of the land, and of the islands. Because too many together are the men of her tribe who have sat down in this land and are coming hither.

Now it is the Queen who desires that the Governorship may be arranged that evils may not come to the native men, to the white who dwells lawless. There! Now the Queen has been good that I should be sent, William Hobson, a Captain of the Royal Navy, a Governor for all the places in New Zealand that are yielded now or hereafter to the Queen. She says to the Chiefs of the Assemblage (Confederation) of the tribes of New Zealand, and other chiefs besides, these laws which shall be spoken now.

Here's the first: Here's the chief of the Assemblage, and all the chiefs also who have not joined the Assemblage mentioned, cede to the utmost to the Queen of England for ever continually to the utmost the whole Governorship of their lands.

Here's the second: Here's the Queen of England arranges and confirms to the chiefs, to all the men of New Zealand the entire chieftainship of their lands, their villages, and all their property.

But here's the chiefs of the Assemblage, and all the chiefs besides, yield to the Queen the buying of those places of land where the man whose land it is shall be good to the arrangement of the payment which the buyer shall arrange to them, who is told by the Queen to buy for her.

Here's the third: This, too, is an arrangement in return for the assent of the Governorship of the Queen. The Queen of England will protect all the native men of New Zealand. She yields to them all the rights, one and the same as her doings to the men of England.

Now here's we: Here's the chiefs of the Assemblage of the tribes of New Zealand who are congregated at Waitangi. Here's we too. Here's the chiefs of New Zealand, who see the meaning of these words, we accept, we entirely agree to all. Truly we do mark our names and marks.

This is done at Waitangi on the six of the days of February, in the year one thousand eight hundred and four tens of our Lord.

The whole subject was now before the meeting for discussion, and the chiefs were invited to express their views upon it, or to make any enquiries upon points that were still obscure. There being some little hesitancy displayed Mr. Busby rose and, addressing the natives, assured them that the Governor had not come to deprive them of their lands, but rather to secure them in possession of what they had not already sold. He reminded them that he had frequently given them his word that land not properly acquired from them would not be recognised as the property of the person claiming it, but would be returned to the natives, to whom it rightly belonged. He was proceeding to say that this promise the Governor would of a certainty be prepared to carry out, when suddenly he was interrupted by Te Kemara, a chief of the Ngatikawa tribe, who, springing from his place in front of the platform exclaimed:

"Health to thee, O Governor. This is mine to thee, O Governor. I am not pleased towards thee. I will not consent to thy remaining here in this country. If thou stayest as Governor then perhaps Te Kemara will be judged and condemned. Yes, indeed, and more than that--even hung by the neck. No, no, no, I shall never say 'Yes' to your staying. Were all to be on an equality, then perhaps Te Kemara would say, 'Yes.' But for the Governor to be up and Te Kemara down--Governor high up, up up, and Te Kemara down low, small, a worm, a crawler. No, no, no. O Governor! this is mine to thee, O Governor! my land is gone, gone, all gone. The inheritances of my ancestors, fathers, relatives, all gone, stolen, gone with the Missionaries. Yes, they have it all, all, all. That man there, the Busby, and that man there, the Williams, they have my land. The land on which we are now standing this day is mine. This land, even this under my feet, return this to me. O Governor! return me my lands. Say to Williams 'Return to Te Kemara his land.'" With outstretched finger he ran and pointed to the Missionary, "Thou, thou, thou, thou bald-headed man, thou hast got my lands. O Governor! I do not wish thee to stay. You English are not kind to us like other foreigners. You do not give us good things. I say go back, go back, Governor, we do not want thee here in this country. And Te Kemara says to thee, go back, leave to Busby and to Williams to arrange and to settle matters for us natives as heretofore."

Te Kemara was a master in the art of Maori oratory, and he delivered this speech with much simulated anger. Gesture and grimace were alike extravagant even for a native; his eyes rolled in violent oscillations and flashed with demoniacal fire, while his whole body trembled as though convulsed by pent-up rage. He made a brave show of injured innocence, especially when pleading for the return of his lands. And yet it was not serious: it was mere theatrical display; for not long afterwards he gave evidence before the Land Claims Commissioners, and testified to the fair sale of his land. For the present, however, Maori vanity was satisfied--Te Kemara had made a great speech.

The serious impression made by the hostile deliverance of the Ngatikawa chief was somewhat dispelled by the diversion created when Rewa, of Ngaitawake rose, and, addressing His Excellency in the best English he could command said, "How d'ye do, Mr. Governor?" The sally was so unexpected that it immediately created a roar of laughter, in which all present joined. But Rewa soon became more earnest. He had evidently no intention of being frivolous--"This is mine to thee, O Governor!" he impressively said. "Go back. Let the Governor return to his own country. Let my lands be returned to me which have been taken by the Missionaries--by Davis and by Clarke and by who and who besides. I have no lands now--only a name,[67] only a name. Foreigners come, they know Mr. Rewa, but this is all I have left--a name! What do native men want of a Governor? We are not whites or foreigners. This country is ours, but the land is gone. Nevertheless we are the Governor--we the chiefs of this our Fathers' land. I will not say 'Yes' to the Governor's remaining. No, no, no, return. What! this land to become like Port Jackson and all other lands seen by the English. No, no, return. I, Rewa, say to thee, O Governor, go back. Send the man away. Do not sign the paper. If you do you will be reduced to the condition of slaves, and be compelled to break stones on the roads. Your land will be taken from you and your dignity as chiefs will be destroyed."

The next speaker was Moka, a chief of the Patukeha tribe, from Rawhiti, the burden of whose speech was also against the acceptance of the treaty. "Let the Governor return to his own country. Let us remain where we are. Let my lands be returned to me--all of them--those that are gone with Baker. Do not say, 'The lands will be returned to you.' Who will listen to thee, O Governor? Who will obey thee? Where is Clendon? Where is Mair?[68] Gone to buy, buy our land, notwithstanding the 'book'[69] of the Governor."

On this statement being interpreted to him Captain Hobson immediately stopped the speaker, and in the most earnest manner assured the gathering that lands unjustly held would be returned, and that after the date of the Proclamation all land, however purchased, would be the subject of enquiry, and no purchases would be lawful until sanctioned by the Crown.

This scarcely sufficed to satisfy the sceptical Moka, who replied, as he advanced close up to the platform, "That is good, O Governor! that is straight. But stay, let me see. Yes, yes, indeed! Where is Baker? Where is the fellow? Ah, there he is--there standing. Come, return to me my lands?"

Here the orator paused, awaiting a reply. His injunction was addressed to Mr. Baker in the most direct and personal way, so that it could not be evaded. Moka stood leaning against the edge of the platform, looking directly at the Missionary, upon whom all eyes were immediately turned. There was profound silence and the suspense was acute. Mr. Baker did not flinch but quietly replied, "_E hoki, koia_"; in other words, "We shall see whether they will return."

This retort was comfortless to Moka, who exclaimed, "There, there, that is as I said. No, no, no, all false, all false, alike. The lands will not return to me."

He was in the midst of this lamentation when he was again interrupted. A European came forward, and addressing His Excellency said that the speeches of the natives were not being faithfully interpreted by Mr. Williams, nor were His Excellency's remarks being fully reported to the natives. He said the natives complained of being robbed, and by a gesture indicated that Mr. Williams was the robber. This he followed up by venturing to suggest that a Mr. Johnson, who was present, could do the work with greater satisfaction to both parties. This was the first open declaration of the general discontent which pervaded the settlers, who were angry because of the Proclamation which had so summarily put an end to their speculations, and which they felt was playing them unfair. They had heard that a Charter had been granted to a rich Company in England, while many of them who had worked long in the land were being, as they thought, overreached by the Government. But the honest settler was not more angry than the land-jobbers, the gamblers of the south, who stood on the outskirts of the crowd, "looking like smugglers foiled in a run, or a pack of hounds lashed off their dying prey," and appeared as if they were taking a vengeful pleasure in thwarting the wishes of authority. Many viewed the proceedings with malignant eyes and smouldering mischief in their hearts, remaining silent themselves, yet prompting others to interrupt; hence these accusations of false interpretation, these irrelevant observations about the Missionaries and Mr. Busby taking advantage of their privileged positions to unfairly acquire land.

Captain Hobson, always willing to be affable, and desirous that nothing should give rise to misunderstanding, begged Mr. Johnson, who was a dealer in spirits at Kororareka, to come forward and do him the favour of making everything clear to natives and Europeans alike.

Johnson, however, was not so confident of his attainments as a Maori linguist as his friend was, and in reply to His Excellency's question whether he fully understood the native language he replied, "Why, I can't say I do, but I know how to speak to them, and know also what they say when they speak to me, and----"

"Then pray tell me, Mr. Johnson, what has not been interpreted?" said Captain Hobson.

To which the modest Johnson replied, "No, Sir, I beg to be excused. The gentlemen of the Mission ought to be able to do it, and can do it very well; only let Mr. Williams speak out loud so that we may hear--that is, those of us in the back part of the tent, and let all that the natives say be interpreted to the Governor. They say a great deal about land and Missionaries which Mr. Williams does not translate to you."[70]

This reflection both upon his capacity as a linguist and his integrity as a man rather nettled the Missionary, who, having obtained the permission of the Governor to vindicate himself, addressed the white people in English, and with his customary directness came at once to the point. He said there had been much talk about the Missionaries owning land and farming and such like; but the Commissioners who were about to sit would examine into the lands held by the Missionaries, and their titles thereto, as strictly as into any other. It was his special wish that this should be done, and he had so far given an earnest of his desire in that direction that he had already applied to His Excellency to have the Missionary lands made the first subject of investigation. "People," he said, "should recollect that were it not for the Missionaries they would not be here this day, nor be in possession of a foot of land in New Zealand. If any one person has a prior claim to land in this country that person must be the Missionary, who has laboured for so many years in this land when others were afraid to show their noses. I have a large family--a family of eleven children--more probably than any one present, and what are they to do when I am taken from them if they are not to have some land? Much has been said about my land, but I believe that when it is seen and known, and shared up between my children, no one will say that I have been over the mark, but on the contrary under. All I shall say at present is, I hope that all who hold land, obtained from the natives, will be able to show as good and honest titles to the same as the Missionaries can do to theirs."[71]

Mr. Busby, who owned the whole of the Peninsula between the Waitangi and Kerikeri Rivers, felt that he, too, was being drawn into the vortex of the speculators by these accusations of native spoliation. He accordingly deemed it due to himself that something should be said in defence of his purchases, and so having obtained the permission of Captain Hobson he rose, and, speaking in English, said with some emphasis, "I deny that the term 'robbed' has been used by the chiefs Te Kemara and Rewa with reference to my purchase of land, as indicated by the white man who spoke, and coupled by him with Mr. Williams, by gestures, though not plainly by words. I never bought any land but what the natives pressed me to buy, for which I always paid them liberally. Allusion has been made to my possessing large tracts of land. I am happy to say I do hold some land; but I did not make any extensive purchases until I was out of office, and then, on my finding that, after having served the Government for fifteen years, not any provision was made, nor was likely to be made for myself and family, I purchased land. I only regret I had not done so at an earlier period, and that to a larger extent. In all my purchases, also, I have reconveyed to the natives both habitations and cultivations, by an inalienable gift, according to the number of persons thereon."

Mr. Busby having delivered his protest against what he considered to be the unwarranted aspersions of the white settler, whose name does not appear to have been recorded, Tamati Pukututu, a chief of the Te Uri-o-te-hawato tribe broke in upon the monotony of the opposition with a speech in favour of the treaty.

"This is mine to thee, O Governor! Sit, Governor, sit, a Governor for us--for me, for all, that our lands may remain with us; that these '_piritoka_' and '_piriawaawa_,' these homeless wanderers who sneak about, sticking to rocks, and to the side of the brooks and gullies may not have it all. Sit, Governor, sit for me, for us. Remain here a father for us. These chiefs say, 'Don't sit,' because they have sold all their possessions and they are filled with foreign property, and they have also no more to sell. But I say, what of that? Sit, Governor, sit. You two stay here, you and Busby--you two, and they also, the Missionaries."

In his advocacy of the Governor's cause Tamati was seconded by Matiu, a chief of the Uri-o-ngongo tribe. "O Governor! sit, stay, remain, you as one with the Missionaries, a Governor for us. Do not go back, but sit here, a Governor, a father for us, that good may increase, may become large to us. This is my word to thee. Do thou sit here, a father for us."

"No, no, go back, go back," cried Kawiti, a turbulent Ngatihine. "What dost thou want here? We native men do not wish thee to stay. We do not want to be tied up and trodden down. We are free. Let the Missionaries remain, but as for thee, return to thine own country. I will not say 'Yes' to thy sitting here. What! to be fired at in our boats and canoes by night! What! to be fired at when quickly paddling our canoes by night! I, even I, Kawiti, must not paddle this way nor paddle that way because the Governor said 'No,' because of the Governor, his soldiers, and his guns. No, no, no, go back, go back, there is no place here for a Governor."

A chief of the Ngatiamake tribe named Wai, now rose and addressed some pertinent enquiries to His Excellency.

"To thee, O Governor! this. Will you remedy the selling, the exchanging, the cheating, the lying, the stealing of the whites? O Governor! yesterday I was cursed by a white man. Is that straight? The white man gives us natives a pound for a pig, but he gives a _Pakeha_ four pounds for such a pig. Is that straight? The white man gives us a shilling for a basket of potatoes, but to a _Pakeha_ he gives four shillings for a basket like that one of ours. Is that straight? No, no, they will not listen to thee, so go back, go back. If they would listen and obey, ah yes, good that, but have they ever listened to Busby? And will they listen to thee, a stranger, a man of yesterday? Sit indeed! what for? Wilt thou make dealing straight?"

At this point there was again some general dissatisfaction amongst the Europeans who apparently were only able to hear imperfectly. A hawker, a pedlar named Jones, from Kororareka, called out to His Excellency that the whites could not follow the interpreter. A young man on the opposite side of the tent confirmed his complaint, and the European who had previously objected to Mr. Williams's methods once more became prominent in support of his confrères. These dissatisfied individuals maintained a running comment across the tent for some moments, which resulted in the Governor again requisitioning the services of Mr. Johnson, who came forward and interpreted the speech of Wai, but not to the complete satisfaction of that dusky orator, who described the Johnsonian effort as "great lies."

This resulted in the restoration of Mr. Williams, whose next subject was Pumuka, a man of influence in the Roroa tribe who was favourable to the treaty: "Stay, remain, Governor; remain for me" was his message. "Hear all of you. I will have this man a foster-father for me. Stay, sit, Governor. Listen to my words, O Governor! Do not go away; remain. Sit, Governor, sit. I wish to have two fathers--thou and Busby and the Missionaries."

"Yes, what else? Stay, sit if not what? Sit, if not how?" were the opening queries of Warerahi, a chief of Ngaitawake, who was popularly known as George King. "Is it not good to be at peace?" he asked. "We will have this man as our Governor. What! turn him away! Say to this man of the Queen, 'Go back?' No, no."[72]

The next speaker was to be Hakiro, who wanted room to deliver himself as became a great chief, and whilst the reclining natives were being moved back to make a clear space in which he could run from one end of the platform to the other a chief from the Waikare, whose name has not been recorded, rose and complained of the unjust dealings of the white people, who had no sense of justice. For a very little thing--a shilling--they wanted a pig as big as himself. What he wanted to know was could the Governor make the _Pakeha_ give a payment as large as the article he bought, but the speech was little noticed in the hustle caused by the clearing of a passage for Hakiro.

Hakiro belonged to the Ngatirehia tribes, being the son of Tareha, but on this occasion he essayed to speak for Titore,[73] though it is highly questionable whether he reflected the sentiments to which that chief would have given utterance had he been still with the living. Titore was justly regarded as one of the noblest of the Nga-Puhi chieftains, and his early death was generally mourned, not only as a personal loss, but as a misfortune to the cause of national unity. Be that as it may, his illustrious representative on this auspicious occasion, swayed by other influences, elected to throw the weight of his great name into the opposite scale to which he would almost certainly have thrown it himself.

"To thee, O Governor! this. Who says sit? Who? Hear me, O Governor! I say, no, no."

As he shouted these questions and answers he ran swiftly backwards and forwards brandishing a _taiaha_ as he ran.

"Sit indeed! Who says sit? Go back, go back. Do not thou sit here. What wilt thou sit here for? We are not thy people. We are free. We will not have a Governor. Return, return, leave us. The Missionaries and Busby are our fathers. We do not want thee, so go back, return, depart."

Tareha, who followed, was easily one of the largest natives in the North, and had been one of the most ferocious of cannibals.[74] He seldom burdened himself with much clothing, and on this occasion, as if to show how independent he was of such European luxuries, he appeared with nothing more than a dirty piece of old matting fastened round his waist. In the one hand he carried a canoe paddle, and in the other a small bunch of fern-root, tied by a piece of string, for the purpose of further demonstrating that he and his people still had the food of their fathers to rely upon. Tareha never became a Christian--dying as he lived, a heathen--but under the influence of Hongi he had always shown considerable solicitude for the Missionaries, whose interests he had invariably protected, both with his personal and tribal power. His particular protégé at this time was Bishop Pompallier, to whom, in common with Rewa, Moka, and Hakiro, he lived near at Kororareka. Whether this association in any way affected the views of Tareha and his associates is probably a matter best left to individual opinion, but it has been observed as an interesting coincidence that the natives who were in closest contact with the Bishop were the most aggressively hostile to the treaty.