The authentic and genuine history of the signing of the Treaty of Waitangi, New Zealand, February 5 and 6, 1840

Front matter

THE

AUTHENTIC AND GENUINE HISTORY

OF THE

Preface

PREFACE.

It has been said, “That country is the happiest which has no history,” which saying, while pretty generally accepted as a kind of truism, may yet be doubted, if not disputed: at all events, such a statement, however applicable to any one of the ancient countries of the world, can scarcely be received with reference to a modern colony whose birth and beginning are known. Be that as it may, the present seems a very opportune time for the publication of the principal portion, at least, of the following pages, seeing that this Colony of New Zealand is on the eve of celebrating the jubilee of its foundation, dating the same from the signing of the Treaty of Waitangi, on the 6th February, 1840.

Moreover, the writer of the following résumé of occurrences that happened at that time—who also took part in them, and wrote them down on the spot while fresh in memory—is also the writer of this, and is, as far as he knows, the only one still remaining of that little British band who alike strove loyally and patriotically to do their level best on that important occasion.

It also occurred to him that—as no special account of what then took place had ever been published, and as the narration he had written was both authentic and genuine and particularly well-attested, and the only (known) one ever made—he should seek to make it known to his fellow-colonists; and therefore, while casting about how the better to accomplish this, he applied to the Government of the colony to publish his MSS., deeming them, though brief, to be not merely interesting, but also of a colonial, if not of a national, importance, especially in days to come; and the Government have consented to do so.

Introduction

INTRODUCTION.

Before the writer enters on the subject of the following pages, he thinks it right to inform his readers why it became written in the manner it is, and how two persons wholly disassociated came to unite in supporting it.

First: It was thus written in its present condensed form by the writer, from notes taken at the time, for the secretaries of the Church Missionary Society, London. It will be seen that he was not only present, but had a little to do on that occasion, also, both before and after it, in his then more particular vocation in the printing-office of the Church Mission at Paihia, near Waitangi, of which he was the printer and superintendent, but without any assistants. And here he may further observe that had he not been so closely worked at that time (both for the newly-established Government and the mission), without any assistant and under many peculiar disadvantages, his MS. would have been much larger. And it was solely owing to his many heavy and pressing duties that he did not attend the great public meeting held two days after at Kororareka (now Russell), when the foundation of the newly-formed colony was duly proclaimed with the usual demonstrations of show and ceremony. This also accounts for the non-appearance of his name among those of the Europeans who signed as witnesses on that occasion.

Second: Mr. William Richard Wade, hitherto a member of the Church Mission, was about to leave both it and New Zealand, with his wife and family, to reside in Tasmania. Mr. Wade and the writer had come out to- gether as missionaries in the same ship to New Zealand, and had always been on the most intimate terms. Mr. Wade had also, formerly, in London, been in the employ of the Church Missionary Society, in their Mission-house in Salisbury Square, as one of their secretaries, and was a trustworthy and very clear writer. He had lived at Te Waimate down to the time of his leaving New Zealand, but was not able to attend the great meeting at Waitangi, and therefore the writer gave him his MS., open, to read during the voyage and (if he should have time) to copy for the Church Missionary Society. This he did, and so the MS. was returned to the writer, minus the printed appendices—of which, however, there were still a few spare copies remaining. In those days, and for long after, our correspondence with England generally went by the way of Sydney. It may further be briefly mentioned that Mr. Wade, after living several years in Tasmania (Hobart Town) as a Baptist minister and teacher, died there some years ago. He wrote and early published there a small but interesting volume of his “Journey in New Zealand.”

Third: Mr. James Busby, formerly and for many years the British Resident in New Zealand (his official position terminating on the arrival of the Lieutenant-Governor, Captain Hobson, R.N.), was also leaving New Zealand with his family for Sydney by the first ship thither. Mr. Busby and the writer were also very intimate. A ship having at last arrived in the Bay of Islands bound for Sydney (the “Eleanor,” Captain W. B. Rhodes, a gentleman long afterward known in this colony as one of its early and energetic settlers, and filling several high political situations), passages were taken by her for both Mr. Busby and Mr. Wade and their families, and on the 25th March the writer accompanied Mr. and Mrs. Busby on board; Mr. Wade subsequently embarking from the mission-station at Te Puna, on the farthest north side of the bay.

Fourth: During the passage to Sydney Mr. Busby read the said MS., which he had not previously seen, and also added a few valuable notes, which the writer has faithfully copied (ipsissima verba), inserting them where Mr. Busby had placed them. And this, in the writer’s opinion, has rendered this little narration of those circumstances doubly valuable as a historical reminiscence of what then really took place, the same being now attested by two capable witnesses, acting independently, yet agreeing in the relation.

The writer has also availed himself of this opportunity of laying before his readers copies of the treaty in English and in Maori, and also of the three early and chief Proclamations relating to the foundation of the colony.

Postscript.

Were the writer now and for the first time to leisurely write (from his old original notes) a relation of what took place at the signing of the treaty, he should, no doubt, make some alterations (possibly improvements) in the language and style used in a few places. But on consideration he has decided not to alter it in any instance, so that the narration should stand as Mr. Busby read it, and with his full acquiescence in its correctness. For this reason, also, the old and early mode of writing Maori (the not using the wh character, &c.) has been retained. And this last also applies to all the Maori papers herein published in the appendices.

Memoranda of signing Treaty of Waitangi

HISTORY OF THE SIGNING OF THE TREATY OF WAITANGI.

Memoranda of the Arrival of Lieut.-Governor Hobson in New Zealand, and of the Subsequent Assembling of the Native Chiefs at Waitangi, in the Bay of Islands, the Residence of the late British Resident, James Busby, Esq., on Wednesday and Thursday, the 5th and 6th days of February, 1840, for the Purpose of meeting His Excellency.

1840, January 29th.—This morning Her Majesty’s ship “Herald,” Captain J. Nias, arrived in the Bay of Islands and anchored in the harbour, having on board Lieut.-Governor Hobson and his suite.

30th.—Early this morning circular letters were printed at the press of the Church Missionary Society for the assembling together of the Native chiefs at Waitangi, to meet the newly-arrived Governor, on Wednesday next, the 5th day of February.

Two Proclamations were also issued by the Governor—the first stating that he had been appointed Lieutenant-Governor over any territory which is or may be acquired in sovereignty by Her Majesty within the Islands of New Zealand, and that this day he entered on his office; the second stating that Her Majesty does not deem it expedient to recognise as valid any titles to land in New Zealand which are not derived from nor confirmed by Her Majesty; and that all purchases of land in any part of New Zealand made after the date of this Proclamation will be considered as absolutely null and void, and will not be confirmed or in any way recognised by Her Majesty.

In the afternoon the Governor landed at Kororareka, and, walking to the church there belonging to the Church Mission (the only large building), publicly read his Letters Patent and his two Proclamations.

Wednesday, February 5th—This morning at an early hour, the Natives, who had been gathering together all day yesterday, began to move towards Waitangi, the appointed place of meeting. About 9 a.m. the Lieutenant-Governor, accompanied by the captain of the “Herald,” arrived at Waitangi; and from 9 to 10 a.m. the officers of the man-o’-war, the suite of the Governor, all the members of the Church Mission residing in or near the Bay of Islands, together with different European and American residents and settlers, kept arriving. The day was particularly fine, and the spectacle of the most animated description. On the water were to be seen the numerous canoes gliding from every direction towards the place of assembly, their respective rowers straining every nerve to gain and keep the lead, whilst their paddles kept time with the cadence of the canoe-song of the kai-tuki (canoe-song singer), who, standing conspicuously erect in the midst of each canoe, and often on the thwarts, animated the men by his gestures as well as his voice; the boats of the many settlers and residents living on the shores of the bay, together with those from the different ships and vessels at anchor in the harbour; and the ships and vessels decorated with the flags of their respective nations. On shore, in the centre of the delightfully-situated lawn at Waitangi, a spacious tent was erected, which was tastefully adorned with flags, &c., &c., over which England’s banner streamed proudly in the breeze; the whites, many of whom were new-comers, who seemed to be much delighted with the scene before them, were comfortably walking up and down in different little parties, socially chatting with each other à l’ Anglais; whilst the countenances and the gestures of the Natives, who were squatting grouped together according to their tribes, bore testimony to the interest which they took, if not in the business, in the gaiety and life of the day. Nature appeared for once to have consented to doff her mantle of New Zealand grey, and to have become quite exhilarated. Even the cicadæ, those little gallant monotonous-toned summer gentlemen, sang livelier than usual. Everything, in fact, wore the appearance of cheerfulness and activity. Whilst all this was exhibited and enjoyed without, the Lieutenant-Governor, Mr. Busby, and Rev. H. Williams were engaged within, translating the treaty, and arranging other preliminary matters for the meeting. About half-past ten a.m. the French Roman Catholic Bishop Pompallier, dressed in canonicals, attended by one of his priests, arrived. They landed, and walked onwards, without the least hesitation, into the room in Mr. Busby’s house where the Lieutenant-Governor and others were closely and privately engaged, brushing by the [mounted] police, who, in uniform, were keeping guard before the door. At this a buzz might be heard among the Natives, one saying to another, “Ko ia ano te tino rangatira! Ko Pikopo anake te hoa mo te Kawana” (i.e., “He, indeed, is the chief gentleman! Pikopo (Pompallier) only is the companion for the Governor”). Hearing the observations made by the Natives, I repeated them to my brethren, Messrs. King, Kemp, Clarke, and Baker, at the same time calling their attention to what had just taken place, saying, “If Pikopo and his priest go in, we, for the sake of our position among the Natives, should go in also.” To which the brethren assenting, we walked on towards the house. Just as we had gained the verandah an invitation was announced from the Lieutenant-Governor for all those who had not and who wished to be presented to him to come in through one door, be presented, and then pass out through the other. On this some of the brethren were going in with the settlers and residents, who were pressing forward, when I said, “I pray you do not go in and out in this manner while Pikopo and his priest remain in the room.” On which they all, with myself, remained without. After the several persons who had entered had been introduced, which was soon done, the Lieutenant-Governor came out to proceed to the tent, His Excellency, the captain of the “Herald,” and Mr. Busby, preceded by some of the [mounted] police, leading the way; on which the Roman Catholic bishop and his priest stepped briskly up close to the heels of the Governor, so shutting us out unless we chose to walk behind them. “Brethren,” I exclaimed, “this won’t do: we must never consent to this position.” “No,” rejoined the Rev. R. Taylor; “I’ll never follow Rome.” And on his so saying we stepped on one side, out of the line of procession. Arriving at the tent, the Governor and captain took their seats in the centre of a raised platform, when Pikopo and his priest immediately took possession of the seats on the left next to the Governor, we, the Church of England missionaries, standing behind. The Rev. H. Williams was now directed to a chair placed on the Governor’s right, on which the Colonial Secretary, Mr. Willoughby Shortland, came over to us, took me by the sleeve, and said, “Go over to that end and support your cloth”—an intimation we lost no time in attending to, ranging ourselves as we best could behind the Rev. H. Williams. The tent was all this time rapidly filling with the different persons assembled. The scene was very interesting and impressive. In the centre of the narrow raised platform were the Governor and captain of the man-o’-war in full uniform; on the Governor’s left were Mr. Busby, and the Roman Catholic bishop in canonicals, his massy 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 they best 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 dogskin mats made of alternate longitudinal stripes of black and white hair; others habited in splendid-looking new woollen cloaks of foreign manufacture, 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. Nearly in the midst stood Hakitara, a tall Native of the Rarawa Tribe, dressed in a very large and handsome silky white kaitaka mat (finest and best kind of garment, only worn by superior chiefs), fringed with a deep and dark-coloured woven border of a lozenge and zigzag pattern, the whole of Native (I might truly say of national) design and manufacture. The sunlight streaming down from an aperture in the top of the tent on this beautiful white dress 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, a chief’s staff of rank, &c.) 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 vividness of their colours, especially when the sun shone brightly on them, gave a charming air of liveliness to the whole.

A few little matters having been adjusted, the Governor arose, and, addressing himself briefly to the whites, said that the meeting was convened for the purpose of informing the Native chiefs of Her Majesty’s intentions towards them, and of gaining their public consent to a treaty now about to be proposed to them. He then addressed himself to the Natives, in English, as follows, the Rev. H. Williams acting as interpreter:—

“Her Majesty Victoria, Queen of Great Britain and Ireland, wishing to do good to the chiefs and people of New Zealand, and for the welfare of her subjects living among 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 not 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 so 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 of 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 not necessary to say any more about it. I will therefore read the treaty.”

Here His Excellency read the treaty in English, and the Rev. H. Willams read the translation of the same, which had been prepared in the New Zealand language, to the Natives.

The treaty having been publicly read in English and in the Native tongue, liberty of speech was granted to any one who felt inclined to speak on the subject, or to make any inquiry relative to the same.

Some brief preliminary proceedings followed, during which Mr. Busby addressed the Natives to the effect that the Governor was not come to take away their land, but to secure them in the possession of what they had not sold; that he (Mr. Busby) had often told them that land not duly acquired from them would not be confirmed to the purchaser, but would be returned to the Natives, to whom it of right belonged; that this the Governor would be prepared to do. Suddenly,

Te Kemara, a chief of the Ngatikawa, arose and said, “Health to thee, O Governor! This is mine to thee, O Governor! I am not pleased towards thee. I do not wish for 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 it to me. O Governor! return me my lands. Say to Williams, ‘Return to Te Kemara his land.’ Thou” (pointing and running up to the Rev. H. Williams), “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.”

This chief spoke in his energetic, peculiar manner, as if very angry; his eyes rolling, and accompanying his remarks with extravagant gestures and grimace, even for a Native. The officers of the man-o’-war, and all strangers, were wonderfully struck with his show of himself. To any one unacquainted with New Zealand oratory it is morally impossible to convey a just idea of his excited manner, especially when addressing himself to Mr. Busby and to the Rev. H. Williams on the subject of the land.

Rewa, chief of the Ngaitawake Tribe, arose, and said (his first short sentence being in English), “How d’ye do, Mr. Governor?” which, unexpected as it was, set all hands a-laughing. “This is mine to thee, O Governor! 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, 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, nor 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 [or found] by the English. No, no. Return. I, Rewa, say to thee, O Governor! go back.”

Moka, chief of the Patuheka Tribe, arose and said, “Let the Governor return to his own country: let us remain as we were. 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? Gone to buy our lands notwithstanding the book [Proclamation] of the Governor.”

On this being interpreted to the Governor, His Excellency said “that all lands unjustly held would be returned; and that all claims to lands, however purchased, after the date of the Proclamation would not be held to be lawful.” This was also interpreted to Moka by the Rev. H. Williams; when

Moka rejoined, “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.” This he addressed to Mr. Baker, coming forward as near as he could to the place where Mr. Baker was standing on the raised platform, and looking up, waiting for a reply. To which question Mr. Baker quietly replied, “E hoki, koia?”—equivalent in English to, “Will it, indeed, return?” On which Moka continued, “There! Yes, that is as I said. No, no, no; all false, all false alike. The lands will not return to me.”

At this juncture a white man came forward, and, ad- dressing His Excellency, said that the Native speeches were not half interpreted by Mr. Williams, neither were His Excellency’s remarks fully interpreted to the Natives; that a Mr. Johnson was present who could interpret well, &c.

The Governor: “Then, pray, Mr. Johnson, do me this great favour and come forward and interpret for me. I am anxious that the Natives should know what I say, and also that I should know what they say. Mr. Johnson, do you fully understand the Native language?”

Johnson, (coming forward): “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”——

The Governor: “Then pray tell me what has not been interpreted.”

Johnson: “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—we here 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. Willams does not translate to you, Sir,” &c.

The Rev. Henry Williams, having obtained permission of His Excellency, addressed the whites in English, and said, “A great deal has been said about the missionaries holding land, and their farming, and what not; but the Commissioners who are about to sit will examine into the lands held by the missionaries, and their titles thereto, as strictly as into any other. I wish for this to be done, and I have already applied to His Excellency for the lands in the possession of the missionaries to be first brought before the Commissioners. People 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 Zea- land. If any one person has a prior claim to land in this country, that person must be the missionary, who had 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 lands obtained from the Natives will be able to show as good and as honest titles to the same as the missionaries can do to theirs.”

Mr. Busby, having also obtained permission of His Excellency to speak a few words to the whites on his purchasing of land, rose and said in English, “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 name. 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 that I do hold some land; but I did not make any extensive purchase 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 my family, I purchased land. I only regret that 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 unalienable deed of gift, according to the number of persons thereon.”

Tamati Pukututu, chief of Te Uri-o-te-hawato Tribe, rose and said, “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 those fellows and creatures who sneak about, sticking to rocks and to the sides of brooks and gullies, may not have it all. Sit, Governor, sit, for me, for us. Remain here, a father for us, &c. 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.”

Matiu, a chief of the Uri-o-ngongo Tribe, rose and said, “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.”

Kawiti, chief of the Ngatihine Tribe, rose and said, “No, no. Go back, go back. 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 quietly 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 the Governor.”