Chapter IV: The Maori Magna Charta (2)

This fact had already been so much in evidence that when Tareha rose, and in his deep sepulchral voice shouted, "No Governor for me--for us native men," no one who was taking a keen interest in the proceedings was very much surprised. With much of the gesticulation peculiar to Maori oratory and a clever application of the arts involved in native elocution, Tareha began to develop his pronouncement against the Governor. "We, we only are the chiefs--the rulers. We will not be ruled over. What! thou, a foreigner, up and I down! Thou high, and I, Tareha, the great chief of the Nga-Puhi tribes low! No, no, never, never. I am jealous of thee; I am, and shall be until thou and thy ship go away. Go back, go back, thou shalt not stay here. No, no, I will never say 'Yes.' Stay! Alas! what for? Why? What is there here for thee? Our lands are already all gone. Yes, it is so, but our names remain. Never mind, what of that--the lands of our fathers alienated! Dost thou think we are poor, indigent, poverty-stricken--that we really need thy foreign garments, thy food? Look at this!"

Here he dangled his bunch of fern-root in the air as proof that his argument was not without foundation.

"See, this is my food, the food of my ancestors, the food of the native people. Pshaw! Governor, to think of tempting men--us natives--with baits of clothing and food! Yes, I say we are the chiefs. If all were to be alike, all equal in rank with thee; but thou the Governor up high--up, up, as this tall paddle[75] and I down, under, beneath! No, no, no. I will never say 'Yes, stay.' Go back, return, make haste away. Let me see you (all) go; thee and thy ship. Go, go, return, return."

The speech of Tareha with its forceful opinions and dramatic delivery had a marked and visible effect upon the native section of the audience, so much so that Captain Hobson began to regard the result with considerable trepidation. He expressed these fears to Mr. Williams, who, knowing the delicacy of the situation, advised him not to betray his anxiety, but at the close of the meeting to recommend the treaty to their deliberate consideration, and to say that he would give them three days in which to finally make up their minds upon it.

For this advice Captain Hobson thanked the Missionary, and then a more favourable turn was given to the debate by a humorous sally from Rawiri, a chief of Ngatitautahi, who, anxious to display his smattering of newly acquired English, opened his speech with the salutation, "Good morning, Mr. Governor, very good you." This was as far as his linguistic accomplishments could carry him, and for the remainder of his oration he relapsed into his native tongue, in which he made an earnest appeal for established authority and a law that would maintain them in peace. "Our Governor, our Father! stay here, O Governor! Sit that we may be in peace. A good thing this for us, my friends, native men. Stay, sit. Do thou remain, O Governor! to be a Governor for us."

Up to this point the weight of influence and oratory had been heavily against the Governor, the opposition evidently considering it good tactics to get in early and reap the fruits of a first impression. But the friends of the treaty now put up a powerful foil to Tareha in the person of Hone Heke, the nephew and son-in-law of Hongi, and admittedly one of the most influential men, both by lineage and achievement, in all the North. Heke at this time was actively espousing the Christian cause, and had not developed the mischievous spirit which afterwards gave him even greater prominence in European annals than he had as yet acquired in Maori fame. He began in that mystical manner so much beloved by Maori orators, the skilful use of which was regarded as a test of their accomplishment.

"To raise up, or to bring down? To raise up, or to bring down? Which? Who knows? Sit, Governor, sit. If thou shouldst return, we natives are gone, utterly gone, nothinged, extinct. What then shall we do? Who are we? Remain, Governor, a father for us. If thou goest away, what then? We do not know."

Then turning and addressing himself to those immediately about him, he said, "This, my friends, is a good thing. It is even as the word of God.[76] Thou to go away! No, no, no! For then the French people or the rum-sellers will have us natives. Remain, remain, sit, sit here; you with the Missionaries all as one. But we natives are children. Yes, it is not for us, but for you, our fathers--you Missionaries--it is for you to say, to decide what it shall be. It is for you to choose, for we are only natives. Who and what are we? Children, yes, children solely. We do not know. Do you then choose for us. You our fathers--you Missionaries. Sit, I say, Governor, sit. A father, a Governor for us."

The emphasis with which these concluding sentences were pronounced, and the gestures by which they were accompanied, came as a convincing climax to what had been a mighty speech. The _mana_ of Heke was great, for was he not descended from Rahiri, who came down in a direct line from a Viking Admiral of the Hawaiki fleet; was he not the representative of the Ariki family of Nga-Puhi; had he not by virtue of his great name levied toll upon all who crossed his estate at Puketona; was he not the brave who had distinguished himself at the 1830 fight at Kororareka when Hengi was killed, and had he not fought valiantly at Tauranga when Titore attacked the _pa_ at Otumoetai? Heke had thus become great in all that told most in the estimation of the Maori, and when he had spoken it was indiscreet for any dog to bark.[77]

No sooner had he resumed his seat upon the ground than the hum of approving comment could be heard in all quarters of the tent. Here was a speech indeed, Europeans and natives alike joining in eulogiums of both its manner and its matter. While the buzz of conversation filled the air, Hakitara, a chief of the Rarawa tribe, rose and commenced a speech in favour of the treaty. He was, however, unfortunate in having to follow Heke, who had for the moment captured public attention, and Hakitara, being unable to raise his voice above the din, soon subsided and made way for a greater even than Heke.

While the latter was speaking the gathering had received an important augmentation by the arrival of Tamati Waaka Nēne, his elder brother Patuone, and the Nga-Puhi chiefs of Hokianga. They had mingled with the crowd, and immediately the Rarawa chief had concluded, Nēne came forward and spoke "with a degree of natural eloquence that surprised all the Europeans and eventually turned aside the temporary feeling of hostility that had been created."[78]

Dr. Bright, one of the few Englishmen who have left us an account of this historic gathering, describes Nēne at this moment as a "mild-looking, middle-aged man with a deportment as if he felt he was a gentleman." As he listened to Heke he rested upon his _taiaha_, and smiled upon those about him. His face bore evidence that he was glad to see the white man and the brown in conference.

To this chief with his great mental powers, his keen perception, his capacity to read the signs of the times, it had been long apparent that the advent of the _Pakeha_ was inevitable, and that the Maori system was incapable of developing the principles of a stable Government. To now enter upon a campaign of hostility to the whites would, he believed, certainly result in the destruction of his own race. It was too late. Yet to govern themselves was manifestly impossible. He therefore found himself in the same dilemma as had presented itself to a large section of the ancient Jews in the beleaguered city of Jerusalem, who honestly enough believed that their country had arrived at that stage in its history when its only salvation lay in its seizure and government by a foreign power strong enough to establish justice and security, even though it might be at the sacrifice of liberty. What the Romans were to Palestine the British were in Nēne's eyes to New Zealand, and that was what he meant when he begged the Governor to remain and be to the Maori a friend, a father, and a Governor.

As he stepped into the arena of debate the storms were laid still, and a general calm suppressed the rising excitement, for he was esteemed by the white men and known to his own race as one who dared to fight as well as to talk of peace. His voice was low at first, nor needed he to raise it high--no sound intruded on it.

After the painting by G. Lindauer in the Partridge Collection, Auckland, by kind permission of the owner.]

"I will first speak to us, to ourselves, the natives," said Nēne. "What do you say? The Governor to return? What then shall we do? Say here to me, O ye chiefs of the tribes of the northern part of New Zealand, how are we henceforward to act? Friends, whose potatoes do we eat? Whose were our blankets? These spears (holding up his _taiaha_) are laid aside. What has the Nga-Puhi now? The _Pakeha's_ gun, his shot, his powder. Many months has he been in our _whares_; many of his children are our children. Is not the land already gone? Is it not covered, all covered with men, with strangers, foreigners--even as the grass and herbage--over whom we have no power? We the chiefs, and natives of this land, are down low; they are up high, exalted, yet they make no slaves. What do you say? The Governor to go back? I am sick, I am dead, killed by you. Had you spoken thus in the olden time, when the traders and grog-sellers came--had you turned them away, then you could well say to the Governor, 'Go back,' and it would have been correct, straight, and I would also have said with you, 'Go back'--yes, we together as one man, with one voice. But now as things are, no, no, no. What did we do before the _Pakeha_ came? We fought, we fought continually. But now we can plant our grounds and the _Pakeha_ will bring plenty of trade to our shores. Then let us keep him here. Let us all be friends together. I'll sign the _puka puka_.[79] I am walking beside the _Pakeha_."

This portion of the speech had been spoken with all the fiery declamation of which Waaka Nēne was capable when needs demanded it, but having delivered his message to his own people, he turned and, with pleading and pathos in his voice, said: "O Governor, sit. I, Tamati Waaka, say to thee, sit. Do not thou go away from us; remain for us a father, a judge, a peacemaker. You must not allow us to become slaves. You must preserve our customs, and never permit our land to be wrested from us. Yes, it is good, it is straight. Sit thou here, dwell in our midst. Remain, do not go away. Do not thou listen to what the chiefs of Nga-Puhi say. Stay, then, our friend, our father, our Governor."[80]

As it has always been frankly conceded that Nēne's speech was the turning-point in the debate, it may be well to present here a sketch of the chief whose stirring history and admirable characteristics were well and personally known to a writer who lived through all these eventful days in New Zealand. According to this authority, Nēne "had a singularly open, honest, and benevolent expression of face, and though, if needs were, he could be stern enough, there was little of cruelty or vindictiveness in his composition as there could possibly have been in one whose youth was spent in such surroundings. He was the bravest among the brave; a splendid Maori general, averse to fighting until every way of conciliation was exhausted; and although he never heard of Polonius, with him too it was a maxim, 'Beware of entrance to a quarrel, but, being in, bear't that the opposed may beware of thee.' He was impressed with the abiding feeling that the only chance for his race was to keep peace with the _Pakeha_, to accept loyally the supremacy of the Queen, and to bear themselves patiently through the slow and difficult transition from Maori custom to British law. His bare word was trusted all through the country as the most binding writing would be trusted amongst ourselves, and he had the power of attracting followers to his person with a devotion which made them ready to stand by him in life or in death.

"He had for many years been a convert of the Wesleyan Mission, and had received at his baptism the prefix Thomas Walker to his old Maori name of Nēne. From beginning to end he never swerved in his pledge of loyalty to the Queen. When he died he was buried in the little churchyard of Kororareka, having solemnly adjured his friends not to allow the Maori custom of disposing of his bones, but to let him lie in peace in a Christian grave; and over his grave the Government raised a stone monument, with an inscription in both languages expressive of their gratitude, and purporting that _that_ was the resting-place of one who was alike steadfast in his friendship for the British and in his labours to secure the best interests of his countrymen--a chief of men, one wise in counsel as he was brave in war.

"For once in a way there was an epitaph of severe and simple truth, and there was not a word of flattery in its praise of the dead. He had been one of Hongi's lieutenants, and had traversed with his war parties the whole of the Northern Island to the neighbourhood of Cook Strait. But it was for his wisdom as a counsellor and his influence as a peacemaker that he was specially famous. No one could set down his conciliation to weakness or fear. In his ordinary bearing he was gentle as a child. In conversation his voice was soft as a woman's, but in the shout of battle it was said to be terrible, and it could be heard above all the clash of arms and the din of the conflict. He was hardly ever defeated, and it was his way before he fought to look beyond the victory, and to determine the move by which it should be followed. He was half a life older than Heke, and indeed he regarded the action of that chief very much as the escapade of a petulant boy. In their case the struggle had none of the bitterness of personal resentment, and when Heke made his somewhat sulky submission, Nēne advised the Government to treat him with kindness and consideration, and the war being ended, not to add to his disappointment anything that would hurt his sense of personal dignity. We owe Nēne's memory, more than to any other of the Maori race, a real debt of gratitude and respect, for at many a crisis he threw himself into the breach, and averted dangers that might have been fatal in those early days. As a father he was a man of tender feeling. He had but one son, eighteen years old, whom my mother nursed in his illness, and after the boy's death, when Nēne came to our house, he could not speak of his loss without tears, or thank her too much for the kindness that seemed to him to have been all in vain."

Nēne was followed in the debate by his elder brother, Patuone, well known as one of the fathers of Nga-Puhi. Though he has not held the picturesque position in Maori history occupied by his younger relation, his life was at least eventful enough to have become the subject of an interesting biography,[81] as he was at this time as highly esteemed by his own people as he was by the _Pakeha_ in later years; when in his old age he was living well down into the European era.

Patuone spoke briefly, but definitely. He favoured the coming of the Governor as the solution of all their troubles.

"What shall I say on this great occasion, in the presence of all these great chiefs of both countries? Here then this is my word to thee, O Governor! Sit, stay--thou and the Missionaries, and the word of God. Remain here with us, to be a father to us, that the French have us not, that Pikopo,[82] that bad man, have us not. Remain, Governor, sit, stay, our friend."

The turn which affairs had now taken proved too much for the excitable Te Kemara, who had been the first speaker. He had patiently heard out Heke, Nēne, and Patuone, but unable to longer restrain himself he at this point jumped up and in his lively, breezy manner proceeded to counter the flow of pro-British oratory: "No, no," he shouted. "Who says stay? Go away, return to thine own land. I want my lands returned to me. If thou wilt say, 'Return to that man, Te Kemara, his land,' then it will be good. Let us be all alike. Then, O Governor, remain. But the Governor up, Te Kemara down, low, flat! No, no, no. Besides, where art thou to stay, to dwell? There is no place left for thee."

This exclamation of Te Kemara's drew from Mr. Busby the remark that his house would be occupied by the Governor until a suitable residence could be procured for him, which piece of information served to produce a marked change in the chief's demeanour.

Crossing his hands as though they were locked in handcuffs, he ran up to the Governor, and with eyes flashing with anger, he exclaimed: "Shall I be thus? Say to me, Governor; speak. Like this--eh, like this? Come, come; speak, Governor, Like this--eh?"

Here his manner became distinctly offensive to His Excellency, and one of the chiefs sitting near-by reproached him for his insolence, whereupon he turned one of those violent mental somersaults which all extremists are at times apt to do. Leaping forward, he seized hold of Captain Hobson's hands and shook them heartily, grinning gleefully, while he shouted in the best English he could command, "How d'ye do--eh, Governor? How d'ye do--eh, Mister Governor?" This enquiry he repeated over and over again, the Governor evidently enjoying the joke as much as any one. "This," says Captain Hobson, "occasioned amongst the natives a general expression of applause, and a loud cheer from the Europeans in which the natives joined."

Thus the business of the meeting closed in the most amiable spirit, the further consideration of the momentous question being by general consent adjourned until the following Friday (the 7th), in order that the natives might have one clear day during which to reflect upon the Governor's proposal.[83]

When Captain Hobson and his escort left the meeting they descended the rude pathway cut in the side of the hill, and as they walked towards the beach where their boat lay, the Governor was discussing with Mr. Colenso the printing of the treaty and other kindred matters. They had just reached the boat and were preparing to enter, when their attention was directed to a commotion not far off. They had not discovered the cause of the excitement before a chief, very much out of breath, burst in upon the viceregal party, and, standing directly before the Lieutenant-Governor, gazed intently at him for a few minutes. Then in a loud shrill voice he cried out in wailing tones, "_Au e he koroheke! E kore e roa kua mate_," and at once fell back into the crowd.

The incident was so sudden in its happening, and was so evidently of personal moment to himself, that Captain Hobson was naturally curious to know its full import. He appealed to Mr. Colenso to kindly interpret the old man's message, but the Missionary, unwilling to enlighten the Governor as to the sinister suggestion conveyed by the grey-headed seer, endeavoured to evade the point by telling him what was perfectly true--that this was an old chief who had just arrived from the interior and was anxious to see the Queen's representative. The explanation, though plausible enough, did not satisfy the Governor, who had a predilection that there was more behind the chief's wild lament than this, and his importunities to know the truth being supported by those of Captain Nias, Mr. Colenso at length had to admit that there was more of prophecy than curiosity in the chief's mournful exclamation: "Alas! an old man. He will soon be dead."

The incident, which had something of comedy in its early features, thus terminated with a tragic note, and the Governor, who had been highly elated at the success of the meeting, pulled off to his ship in a gloomy and meditative mood.

During the remainder of the day[84] a strong effort was made by the beach-combers and whisky-sellers of Kororareka to spread dissension amongst the chiefs, and to prejudice the idea of the Queen's protection; but the Missionaries were whole-hearted in their support, and vigilant to counteract the opposition of these ill-disposed individuals.[85] The good impression created by Heke and Nēne therefore stood, and before the evening had closed there was a preponderating number anxious to sign the treaty.

The Missionaries were equally anxious to take advantage of this favourable feeling, and were now keenly apprehensive that the delay until Friday would be detrimental to the treaty party. They therefore consulted together with a view to expediting the taking of the chiefs' signatures, and concluded that it would be better to do so on the morrow.

There was also another, and undeniably a powerful, factor operating in favour of a speedy termination of the business. This was the fact that the natives, having been called hurriedly together, were insufficiently supplied with food, nor were provisions for so large a number procurable within easy distance. The natives were thus faced with the alternative of remaining hungry at Waitangi or returning home to be fed. This was an option about which no Maori ever had two opinions, and it was perfectly obvious that if the proceedings were further delayed until Friday there would be a stampede from the scene of negotiations and the golden opportunity would be in all probability irretrievably lost.

Influenced by these considerations, the Missionaries agreed that Captain Hobson should be made aware of the altered position of affairs, but apparently no proper steps were taken to have the information conveyed to him. Consequently when they arrived next morning from their station at Paihia, about one and a half miles distant from Waitangi, the Governor had not yet come on shore. There was also a perceptible diminution in the number of the natives present, several companies, chagrined at their treatment in the scramble for the tobacco on the previous day, having folded their blankets and returned home. Still there were from 300 to 400 squatting in groups here and there, all earnestly discussing the treaty with more or less clarity of comprehension. An hour flew by and yet no sign of the Governor, nor could any movement be detected on board the _Herald_ indicative of his coming.

Noon had arrived but still no Governor, impatience being manifest on every face, when a boat containing two officers was seen to leave the ship. They rowed leisurely across the Bay, and when they reached the landing-place and were told that both natives and Europeans were awaiting the Governor, they were considerably surprised, and explained that "His Excellency certainly knew nothing of a meeting to be held here this day."

Now that it was clear there had been an unfortunate misunderstanding it was not long before communication was held with the ship, and Captain Hobson, accompanied by the officers of his Government, came ashore; but his departure had been so hurried that he came in civilian clothes, having no time to don more of his uniform than his cocked hat. He hurriedly assured those about him that he had not entertained the least notion that a meeting was to be held; that as matters stood he was quite prepared to take the signatures of all the chiefs willing to sign, but that he must still hold the public meeting on the following day as already announced by him.

A move was then made towards the tents by the whole party, closely followed by the natives, who crowded under the canvas with no small excitement and hustle. Some preliminary details--such as the arrangement of tables at which the chiefs could sign--having been completed, the Governor and party then ascended the platform, and Captain Hobson announced that this not being a regularly convened public meeting he could not permit of any discussion on the merits of the treaty. The business, therefore, would be confined to accepting the signatures of those chiefs who were willing and ready to sign.

At this juncture a message came to His Excellency from Bishop Pompallier, stating that he and his priest were at that moment resting in Mr. Busby's house, and were anxious to be present at the meeting. Lieutenant Shortland was immediately despatched to bring the Bishop in, and on his entering he was welcomed and invited to occupy the seat he had filled on the previous day.

The business was resumed by Captain Hobson proposing that Mr. Henry Williams should read the treaty from the parchment on which it had been engrossed, as that which had been submitted to them on the preceding day had been merely the original draft. This office was performed by Mr. Williams, whereupon Bishop Pompallier leaned over to the Governor and asked that the natives might be informed that all who should join the Catholic Church should have the protection of the British Government.

Captain Hobson, with much blandness of gesture and expression,[86] replied, "Most certainly," and proceeded to express his regret that the Bishop had not made known his wishes earlier, as in that event the provision "would have been embodied in the treaty."

Turning then to Mr. Williams, he said: "The Bishop wishes it to be publicly stated to the natives that his religion will not be interfered with, and that free toleration will be allowed in matters of faith. I should therefore thank you to say to them that the Bishop will be protected and supported in his religion--that I shall protect all creeds alike."

"I presume the same protection will be offered to all?" remarked Mr. Williams; to which the Governor replied, "Certainly."

"What need, then," asked Mr. Williams, "is there to burden the proceedings with such an announcement if all are to have protection alike?"

To this the Governor replied that as the Bishop was anxious that the announcement should be made, he would feel obliged if Mr. Williams would deliver it to the meeting.

Mr. Williams then proceeded to address the natives: "_Na, e mea ana te Kawana_"--"Attend, the Governor says." Here, however, he felt the matter was one of such magnitude that he could not afford to treat it in a casual way, and he expressed this opinion to his fellow Missionary, Mr. Clarke, who was standing near him.

"Pray, sir, write it down first, as it is an important sentence," suggested Mr. Colenso.

Mr. Williams, taking pencil and paper, then wrote as follows: "The Governor wishes you to understand that all the Maoris who shall join the Church of England, who shall join the Wesleyans, who shall join the Pikopo, or Church of Rome, and those who retain their Maori practices shall have the protection of the British Government."

This he handed to the Governor, who passed it on to the Bishop, who, having read it, said in English, "Oh yes, that will do very well."

The statement was read to the meeting, and if Mr. Williams is to be accepted as an authority, it was received in silence, the natives not knowing what it meant.[87] Bishop Pompallier then rose and, bowing to the Governor, left the meeting.

These preliminaries having been satisfactorily disposed of, the chiefs were as a body invited to come forward and append their signatures to the treaty. To this invitation no one responded for a time, none caring to be the first to take what might prove to be a precipitate step. For several minutes the Maori mind hung in this state of doubt and indecision until Mr. Busby hit upon the expedient of calling upon the chiefs by name. He had prepared a list for his own information of those eligible to sign, and by a fortunate circumstance the name of Hone Heke stood first upon that list. Heke, who had proved himself such a redoubtable advocate of the treaty, came forward frankly enough when thus directly appealed to, and was about to sign, when Mr. Colenso interposed by asking the permission of the Governor to clear up one point upon which grave doubts had been raised in his mind as the result of his mingling with the natives since the earlier meeting. This permission was readily granted, whereupon Mr. Colenso said, "May I ask Your Excellency whether it is your opinion that these natives understand the articles of the treaty which they are now called upon to sign?"

He was proceeding to say that he had that morning arrived at a different conclusion, when Captain Hobson interrupted him with the remark: "If the native chiefs do not know the contents of this treaty it is no fault of mine. I wish them to fully understand it. I have done all that I could to make them understand the same, and I really don't know how I shall be enabled to get them to do so. They have heard the treaty read by Mr. Williams."

"True, Your Excellency," rejoined Mr. Colenso, "but the natives are quite children in their ideas. It is no easy matter to get them to understand--fully to comprehend a document of this kind; still I think they ought to know somewhat of it to constitute its legality. I speak under correction, Your Excellency. I have spoken to some of the chiefs concerning it, who had no idea whatever as to the purport of the treaty."

Here Mr. Busby joined in the discussion by reminding Mr. Colenso that the best answer that could be given to his observation would be found in the speech made yesterday by the very chief about to sign, Hone Heke, who said "the native mind could not comprehend these things; they must trust to the advice of their Missionaries."

"Yes, that is the very thing to which I was going to allude," replied Mr. Colenso. "The Missionaries should do so, but at the same time the Missionaries should explain the thing in all its bearings to the natives, so that it should be their very own act and deed. Then in case of a reaction taking place, the natives could not turn round on the Missionary and say, "You advised me to sign that paper, but never told me what were the contents thereof."[88]

Captain Hobson, who had evidently not contemplated this contingency, expressed the hope that no such reaction would take place. "I think," he said, "that the people under your care will be peaceable enough: I am sure you will endeavour to make them so. And as to those that are without, why, we must endeavour to do our best with them."

This attitude on the part of the Governor sufficed to satisfy Mr. Colenso, who had no desire to be contumacious, but having conscientious doubts upon the native grasp of a subject necessarily foreign to their tribal policy, he felt it his duty to give full expression to those doubts, and he thanked His Excellency for having given him the opportunity to do so.

Hone Heke then put his name upon the parchment,[89] and as if to answer the objection raised by Mr. Colenso, he told the people in a brief speech that he fully approved of the proceeding, as they all needed protection from every foreign power, and they well knew the fostering care of the Queen of England towards them.

With so propitious a lead there was no further hesitancy on the part of the remaining chiefs, and the process of recording their signatures went merrily on. While it was proceeding, Marupo, a chief of the Whanaurara tribe, and Ruhe, a chief of the Ngatihineira tribe, were busy making violent speeches against the treaty. Both warriors delivered themselves in the style characteristic of their people when they have serious business on hand, running sharply up and down a beaten avenue, gesticulating energetically, stamping their feet, and pouring out their denunciations with a volubility that was difficult to follow. Marupo, who had discarded all his clothing except a _piupiu_ made of reeds which hung round his waist, was especially determined in his opposition, continuing his harangue until voice and body failed from sheer physical exhaustion.

Then realising that his oratory had not turned the tide of public opinion, and that the adoption of the treaty was inevitable, he and his compatriots, appreciating the advantage of being on the popular side, joined the ranks of the signatories and drew their _moko_[90] upon the parchment.

Marupo signalised his conversion by shaking hands heartily--even violently--with the Governor, and desired to confirm the new-formed friendship by seizing the Governor's hat, which was lying on the table, and putting it upon his head.

The next of the insurgents to surrender was the versatile but volatile Te Kemara, who, when he had succumbed to the pressure of the popular will, volunteered the statement that he had been influenced in his opposition by the French Bishop, who had told him "not to write on the paper, for if he did he would be made a slave."

The only chief of high standing who was present and had not now signed the treaty was Rewa, but his obduracy was at length overcome, he yielding to the persuasions of his tribal friends, supported by the advice of the Church Missionaries, and when at length he drew his curious hieroglyphics upon the parchment, he too admitted that his opposition had been wholly inspired by the Bishop, who had earnestly interceded with him not to become a party to the treaty.

Captain Hobson, who had apparently recovered from his recent indisposition, appeared to be in the cheeriest of spirits, and as each chief signed the treaty he took him by the hand, and repeating in Maori "_He iwi tahi tatou_"--"We are now one people"--paid a little compliment to the native race that was hugely appreciated by the recipients.[91]

During the course of the morning small contingents of natives had been arriving from distant parts, who had not been present at the previous day's proceedings owing to the unavoidable delay in receiving their summoning circulars, but after brief explanations by their friends, they, without exception, subscribed to the Queen's proposal to give their country a stable Government. Altogether forty-five chiefs signed the treaty on this eventful February 6, but they were for the most part men of only moderate influence, and with the exception of Waaka Nēne, and his brother Eruera Patuone, who hailed from Hokianga, and Kauwhata, Wharau, and Ngere, from Wangaruru, all were resident within the immediate vicinity of the Bay of Islands. Twenty-six of these, however, had signed the much-despised Declaration of Independence five years before, and Captain Hobson so far concluded that their acquiescence in his present mission "must be deemed a full and clear recognition of the sovereign rights of Her Majesty over the northern parts of this Island," that he immediately arranged with Captain Nias to announce the cession on the morrow with a salute of twenty-one guns from the deck of the _Herald_.[92]

Having now concluded the official portion of the business, Captain Hobson, who had conducted the whole of the proceedings with conspicuous patience and ability, left the meeting under a volley of cheers from the natives, which resounded through the hills and across the sunny waters of the Bay.

"In the course of these proceedings," wrote Captain Hobson to Sir George Gipps, "I have courted the utmost publicity, and I have forborne to adopt even the customary measure of propitiating the consent of the chiefs by promises of presents, and not until the treaty was signed did I give them anything. To have sent them home without some acknowledgment would have been a violation of their customs, and would have given offence. I therefore distributed a few articles of trifling value before they separated."

This distribution was entrusted to Mr. Colenso, each chief who had signed the treaty receiving two blankets and a quantity of tobacco, and "by dint of close and constant attention," reports that gentleman, "the said distribution went off well without any mishap or hitch."

Next morning broke with a grey sky and rain so incessant as to dissipate all hope of holding the contemplated meeting. Neither was it deemed advisable under such depressing circumstances to proclaim the event by a Royal salute, so that by a strange perversion of fate, Friday the 7th, which was to have been the day of days, passed off cold, bleak, and uneventful. It was not, therefore, until Saturday the 8th that the proceedings, so far as they had gone, were fully consummated. This was accomplished amidst the floating of bunting and the booming of guns, for upon this bright and sunny day it may be said that New Zealand became a British colony, and what some of us are vain enough to regard as the brightest jewel in Britain's Crown.[93]

[51] The number and extent of the erasures in the original draft indicate that the greatest care was taken in its composition by those concerned.

[52] "Upon the fullest consideration my judgment inclines me strongly to recommend you, and through you, all the other members of the Mission, that your influence should be exercised amongst the chiefs attached to you, to induce them to make the desired surrender of sovereignty to Her Majesty."--Bishop Broughton's letter to Mr. Henry Williams.

[53] Mr. Busby's house was built of Australian hard wood, and though upwards of eighty years old is still standing in an excellent state of preservation. The property is now occupied by Mr. Theo. A. Izard, who recently unearthed on the site where the marquee was erected the iron shoe of a military tent-peg of the period, doubtless one that was used in connection with the signing of the Treaty of Waitangi.

[54] Waitangi signifies "crying water," and there were many people superstitious enough to believe that the choice of this spot was a bad omen.

[55] The man who stands in the centre of the canoe and gives the time to the rowers.

[56] Amongst the Americans present were several of the scientists attached to the United States exploring expedition, under Commander Wilkes, who had assembled at the Bay of Islands to await the return of their vessels from the Antarctic. With the exception of Bishop Pompallier the Frenchmen at the Bay were conspicuous by their absence, believing that in this way they were offering a protest against the proceedings.

[57] This was a clever strategetical move on the part of the Bishop, who, though protesting that he was not concerned in a political negotiation, evidently saw the advantage of utilising the occasion to make an impression on the native mind in the interests of his Church. In his published account of the event Bishop Pompallier makes it appear that the Protestant Missionaries had been circulating the statement amongst the natives that he would not "dare" to put in an appearance at the meeting. He was, however, specially invited by Captain Hobson, and he made the most of the opportunity thus given him.

[58] The name of this priest does not seem to have been preserved.

[59] They were members of the Mounted Police Force which Captain Hobson had brought with him from Sydney.

[60] _Rangatira_: Chief, gentleman, one in authority.

[61] In his discussions with the Maoris, Bishop Pompallier had stressed the point that he held the advantage over the Protestant Missionaries in that he was a member of the Episcopacy. The best attempt on the part of the natives to render into their own language the word Episcopo, in its varied forms, was "_Pikopo_," hence the Bishop and his converts became known as _Pikopo_.

[62] The Revs. Ironside and Warren, of the Wesleyan Mission, arrived at a later hour, with the contingent of Hokianga natives, including Tamati Waaka Nēne; and on the following day they were amongst the witnesses to the signatures.

[63] _Authentic and Genuine History of the Signing of the Treaty of Waitangi_, by the Rev. W. Colenso.

[64] These were all of foreign manufacture, and were the gifts of Bishop Pompallier. On this point Jameson says: "But the most virtuous of human actions are liable to be misinterpreted and misjudged, and M. de Pompallier's liberality to the natives was uncharitably stigmatised as an attempt to bribe and lure them to the adoption of the Catholic persuasion. This conduct was invidiously contrasted with that of the Church of England and Wesleyan Missionaries, who deemed it a point of duty to hold out no temptation to the cupidity of the natives, as an inducement for them to become Christians, and also to encourage among them regular habits of industry, gave them nothing except in fair exchange for agricultural produce or for services performed. The Protestant Missionaries have laboured with great zeal and success amongst the New Zealanders. But in acknowledging their merits, we, in common justice, cannot condemn the motives of M. de Pompallier."

[65] A short spear.

[66] "Captain Hobson spoke briefly but emphatically and with strong feeling."--Felton Mathew.

[67] Rewa once replied to a European who had chided him because he had ceased to pay him his customary visits, "I was ashamed to go, because I had no present to offer you. Formerly, when I went to see my friends I always carried them a present of pigs and potatoes, but I am a poor man now. I have sold all my land and I have nothing to give my friends."

[68] Mr. Gilbert Mair was a merchant at Kororareka. Mr. James E. Clendon was likewise a merchant there, and had been Assistant British Resident at Hokianga. He was at this period U.S.A. Consul.

[69] Meaning the Proclamation referring to land titles.

[70] Colenso repudiates the suggestion that the speeches were not properly interpreted, and explains that Maori oratory is redundant with repetition which, of course, was very properly eliminated during the course of the translation.

[71] The Bishop of Australia thus wrote to Mr. Williams on the subject of the Missionaries' land claims: "I am led to believe that the immediate consequence of establishing the British Dominion will be the settlement of titles to land according to the principles of law and equity. This proceeding will necessarily lead to a judicial investigation of the landed properties transmitted to the Society. These should be exactly and jealously re-examined, that you may be prepared to sustain them, even to the minutest point when brought under the scrutiny of the world at large, as beyond all doubt they will be. I think also that it will be expedient that you should take advantage of the warning thus given of what you are to expect, by preparing a most full and explicit account of all the transactions between you and any of the natives."

[72] This native had been actually christened at his own request as "King George," Mr. Williams having taken the responsibility of reversing the names, and entering them in that form in the Register.

[73] This was not the great Titore, who was the first to commence the felling of kauri spars for the Navy, but another chief of the same name. Titore Nui (the great) signed the Treaty under the name of Takiri.

[74] The Rev. R. Taylor relates an instance in which Tareha was about to despatch a slave for some real or imaginary offence. Mr. Kemp, one of the Missionaries interposed, and could not be persuaded to let the killing go on. Whereupon Tareha picked him up (for he was a small man) and carried him over to his cottage, deposited him inside, and told Mrs. Kemp to shut him up and keep him out of harm's way. He then returned to the business on hand. On another occasion the Missionaries discovered Tareha in a choking condition, a fish bone having lodged in his throat. He being _tapu_ (sacred) none of his people dared touch him, but after considerable labour the Missionaries succeeded in dislodging the bone with the aid of a pair of scissors. After he had recovered, the punctilious Tareha claimed the scissors as payment for the desecration of his sacred throat.

[75] Here he held up the canoe paddle, which he had used dramatically throughout his oration.

[76] This was a reference to the New Testament, which had just been printed in the native language at the Missionary Press, at Paihia, and circulated amongst the tribes.

[77] Amongst the many contradictions which the historian of the Treaty of Waitangi has to reconcile, none is more difficult than the explanation of Hone Heke's attitude towards the negotiation. The report of his speech as printed above is taken from Colenso's account of the proceedings, and would lead one to suppose that Heke was in favour of the treaty. Colenso's view is supported by the Rev. Henry Williams, who tells us that Heke "fully approved" of the treaty and advised the people to sign it. Other accounts are quite different. The Rev. Mr. Burrows states that Heke "gave a lot of trouble" at the signing of the treaty. The Rev. Mr. Ironside reports that Heke "was violent in his harangue against Captain Hobson, vociferating repeatedly in his native style, '_Haere e hoki_' ('Go, return'). Tamati Waaka came to me and said his heart was _pouri_ (grieved) with Heke's violence, and the way Captain Hobson was being treated. 'Well,' I said, 'if you think so, say so'; whereupon Tamati sprang up and made his speech." In some interesting annotations made on the treaty by Mr. William B. Baker, translator to the Native Department in 1869, that gentleman says: "I remember distinctly being present during the whole of the meeting; that Hone Heke Pokai was very violent in his language, though he is not mentioned by Captain Hobson. The chief whose name is given, Kaiteke, was a better-known character in those days than Heke, who, though a person of high rank and influence through his marriage with Hongi's favourite daughter, Rongo, had previously led a very quiet and retired life. A war of words ensued between Tamati Waaka Nēne, who came in at this crisis, and Heke, the result of which was that Waaka 'removed the temporary feeling that had been created.'" There is thus a distinct difference of opinion and impression between Mr. Colenso and the above writers who were also present and heard what was said.

[78] _Vide_ Captain Hobson's despatch to Sir George Gipps, February 5, 1840.

[79] The Treaty.

[80] "Nēne spoke in a strain of fervid and impassioned eloquence such as I never before heard, and which immediately turned the tide in our favour."--Felton Mathew.

[81] _Life and Times of Patuone_, by C. O. Davis.

[82] This was a reference to Bishop Pompallier. The remark was no doubt prompted by religious prejudice, and serves to show to what extent the bitterness of sectarian feeling had already grown, for Patuone was otherwise a man of a most kindly nature.

[83] "One of the chiefs said, 'Give us time to consider this matter--we will talk it over amongst ourselves, we will ask questions, and then decide whether we will sign the treaty.' The speeches occupied about six hours, and the whole scene was one I would not have missed for worlds, and which I will never forget."--Felton Mathew.

[84] An attempt was made during the afternoon to distribute a quantity of tobacco amongst the natives, but in their impetuosity to secure the "fragrant weed" they upset the distributor, and an unseemly scramble ensued which resulted in a certain amount of bad feeling.

[85] "In the meantime Mr. J. R. Clendon, an Englishman acting as American Consul, the Missionaries, and many interested persons residing there, or about becoming settlers, were made to understand that their interests would be much promoted if they should forward the views of the British Government. Every exertion was now made by these parties to remove the scruples of the chiefs, and thus form a party strong enough to overreach the rest of the natives, and overcome their objections. About forty chiefs, principally minor ones--a very small representation of the proprietors of the soil--were induced to sign the treaty. The influence of Mr. Clendon arising from his position as the representative of the United States, was amongst the most efficient means by which the assent of even this small party was obtained. The natives placed much confidence in him, believing him to be disinterested. He became a witness to the document, and informed me, when speaking of the transaction, that it was entirely through his influence that the treaty was signed."--Extract from Commander Wilkes's _Journal_.

[86] In some _Early Recollections_ Archdeacon Williams attributes this affability to the fact that at this time Captain Hobson was "under the delusion" that the Catholics carried the sway with the natives.

[87] The Bishop rather plumes himself that by his intervention he secured the inestimable boon of religious freedom to the people of New Zealand--_vide_ his _History of the Catholic Church in Oceana_; but he is obviously labouring a point about which there was no dispute.

[88] Archdeacon Williams is responsible for the statement that none of the natives held back from signing the treaty because they did not understand it, but many did because of extraneous influences brought to bear upon them.

[89] Hone Heke signed the treaty under his ancestral name, Pokai. All the writers are agreed that he was the first, or amongst the first to sign; but on the treaty itself his name appears as sixty-sixth in order, the place of honour being given to Kawiti, his confederate in the war of 1845. This may be accounted for by the fact that he wrote his name on the part of the sheet that came most convenient to him.

[90] The tattoo marks on their face.

[91] At the close of the second day's ceremony Patuone advanced to the dais and presented Captain Hobson with a handsome greenstone _mere_ as a gift to the Queen. He afterwards returned on board the _Herald_ and had dinner with the Governor.

[92] The _Herald_ lay off the Hermione reef, where her guns could command the lawn in front of Mr. Busby's house, as well as the flat to the left on which the Maoris were camped.

[93] The following interesting reminiscences regarding the Treaty of Waitangi are from the pen of Mr. George Elliott-Elliott, who in the year 1841 was Record clerk in the Government service: "This celebrated document, a sort of New Zealand Magna Charta in its importance, is not a single document, but is composed of a number of separate sheets; and, if I remember rightly, some few are of parchment and some of paper--the text is the same in all; these separate sheets were sent to the different tribes and _hapus_ of natives for the signatures of the different chiefs and influential men amongst them. Some of them could write, and signed their names; others affixed their marks, in the shape of what was supposed to be an imitation of the tattoo on their faces. Each of these sheets was in charge of some well-known European, generally some one in connection with the Church of England or Wesleyan Missions, who attested the signatures and remarks of the various persons on the document, and, on completion, returned it to the Government.