The Treaty of Waitangi Part 3

Under his new land regulations the price of land in that colony had been raised from 3s. to 12s. per acre, and hearing that large areas were to be obtained in New Zealand for less than the proverbial song, the speculators swarmed over to the Bay of Islands, and in the year 1837 the land fever in all its phases of "sharking," "jobbing," and legitimate purchase literally raged throughout the country. "What gold was to the Spaniard in Mexico the land at this period became to the English in these islands, and as the warlike aborigines most coveted the acquisition of firearms, they divested themselves of their only possessions in order to obtain those deadly instruments, which, together with ardent spirits, were the most potent means for the destruction of their race. Almost every captain of a s.h.i.+p arriving in Sydney exhibited a piece of paper with a tattooed native head rudely drawn upon it, which he described as the t.i.tle-deed of an estate bought for a few muskets, hatchets, or blankets."

Several years elapsed before it was possible to reduce these frenzied bargains to tabulated form, but during the debate on New Zealand affairs, which occupied the House of Commons for three days in 1845, the representative for Westminster, the Hon. Captain Rous, R.N., put forward the following startling figures as authentic. A Mr. Webster, an American, he said, claimed to have purchased forty miles of frontage on the west side of the river Piako;[24] a Mr. Painham claimed nearly the whole of the north coast of the Northern Island.

Mr. Wentworth of New South Wales a.s.serted his right to 20,100,000 acres in the Middle Island; Catlin & Co. to 7,000,000; Weller & Co. to 3,557,000; Jones & Co. to 1,930,000; Peac.o.c.k & Co. to 1,450,000; Green & Co. to 1,377,000; Guard & Co. to 1,200,000, and the New Zealand Company to 20,000,000.

Yet another authority has stated that the whole of the South Island was claimed by a Company consisting of four gentlemen, in consideration of giving the chiefs a few hundred pounds in money and merchandise, and a life annuity of 100.[25] Another individual, representing a commercial firm in Sydney, claimed several hundred thousand acres, including the towns.h.i.+p of Auckland, for which he paid as compensation one keg of gunpowder. The island of Kapiti was claimed by five different parties, each declaring they had purchased it, but each naming a different price. Some alleged they had paid 100, others goods to the value of 30, and so on, the only point of unanimity being that they were each able to produce something that resembled the signatures of Te Rauparaha or Te Rangihaeata.

In much the same way the district round Porirua was claimed by eight separate parties, each contending that Te Rauparaha had sold to them, and to them alone. Cooper, Holt & Rhodes of Sydney a.s.serted they had paid merchandise to the value of 150 for a tract of country between the Otaki and Waikanae Rivers, running in an easterly direction forty miles from the mouth of the river, thirty miles in another direction, and ten miles along the coast. Mr. John Hughes, also of Sydney, claimed in part all the lands of Porirua for a distance of thirty miles, bounded by the sea on the one hand, and by the Tararua Range on the other.

In the general censure which followed upon the disclosure of these unseemly proceedings the Missionaries did not escape criticism, and are still, at times, subject to severest strictures on this question, as it affects public morals. Unjust as these strictures frequently are the purchase from Hongi, in 1819, of 13,000 acres at Kirikiri for forty-eight axes, by the Rev. Samuel Marsden,[26] was one amongst other transactions which on the face of it seems to leave room for the gravest enquiry as to its propriety.[27]

If the Confederation of chiefs had been helpless in the face of social disorder, it was still more impotent to cope with the inroads of the speculator. The greed for land on the part of the _Pakeha_, and the hunger for muskets on that of the Maori, rendered futile all attempts to control the traffic by an already effete administration. The need for a wider application of authority and efficient Government at length found voice in a pet.i.tion which was submitted to the King by the law-abiding settlers at Kororareka. The settlers, catechists, and Missionaries to the number of one hundred and ninety-two, headed by the Rev. Henry Williams, Chairman of the Church Mission, joined in the plea for protection.

During the course of their representations they made it clear that the attempt to evolve order out of chaos had utterly failed; that the Confederation of Chiefs was impotent in the face of existing evils; and, praying that His Majesty would graciously regard the peculiarity of their position, asked that he would afford them such relief as to him seemed most expedient.

TO THE KING'S MOST EXCELLENT MAJESTY

SIRE--May it please Your Majesty to allow your faithful and loyal subjects at present residing in New Zealand to approach the throne, and crave your condescending attention to their pet.i.tion which is called forth by their peculiar situation.

The present crisis of the threatened usurpation of power over New Zealand by Baron Charles de Thierry, the particulars of which have been forwarded to Your Majesty's Government by James Busby, Esquire, the British Resident, strongly urges us to make known our fears and apprehensions for ourselves and families, and the people amongst whom we dwell.

Your humble Pet.i.tioners would advert to the serious evils and perplexing grievances which surround and await them arising for the most part, if not entirely from some of Your Majesty's subjects, who fearlessly commit all kinds of depredations upon other of Your Majesty's subjects who are peaceably disposed. British property in vessels, as well as on sh.o.r.e, is exposed without redress to every imaginable risk and plunder, which may be traced to the want of a power in the land to check and control evils, and preserve order amongst Your Majesty's subjects.

Your Pet.i.tioners are aware that it is not the desire of Your Majesty to extend the colonies of Great Britain, but they would call Your Majesty's attention to the circ.u.mstance of several of Your Majesty's subjects having resided for more than twenty years past, since which their numbers have acc.u.mulated to more than five hundred, north of the River Thames alone, many of whom are heads of families. The frequent arrival of persons from England and the adjacent colonies is a fruitful source of further augmentation. Your Pet.i.tioners would therefore humbly call Your Majesty's attention to the fact that there is at present a considerable body of Your Majesty's subjects established in this Island, and that owing to the salubrity of the climate there is every reason to antic.i.p.ate a rapidly rising colony of British subjects. Should this colony continue to advance, no doubt means would be devised whereby many of its internal expenses would be met as in other countries. There are numbers of land-holders, and the Kouri (Kauri) forests have become, for the most part, the private property of Your Majesty's subjects.

Your humble Pet.i.tioners would also entreat Your Majesty's attention to the important circ.u.mstance that the Bay of Islands has long been the resort of s.h.i.+ps employed in the South Sea fishery and the Merchant Service, and is in itself a most n.o.ble anchorage for all cla.s.ses of vessels, and is further highly important in affording supplies and refreshment to s.h.i.+pping. There are also several other harbours and anchorage of material importance to the s.h.i.+pping interests in situations where British subjects have possessions and property to a large amount. The number of arrivals of vessels in the Bay of Islands during the last three years has been considerably on the increase. At one period thirty-six were at anchor, and in the course of six months ending June 1836 no less than one hundred and one vessels visited the Bay.

Your Pet.i.tioners would further state that since the increase of the European population several evils have been growing upon them. The crews of vessels have frequently been descryed on sh.o.r.e, to the great detriment of trade, and numberless robberies have been committed on s.h.i.+pboard and on sh.o.r.e by a lawless band of Europeans, who have not even scrupled to use firearms to support them in their depredations.

Your humble Pet.i.tioners seriously lament that when complaints have been made to the British Resident of these acts of outrage, he has expressed his deep regret that he has not yet been furnished with authority and power to act, not even the authority of a civil Magistrate to administer an affidavit.

Your humble Pet.i.tioners express with much concern their conviction that unless Your Majesty's fostering care be extended towards them, they can only antic.i.p.ate that both Your Majesty's subjects and also the aborigines of this land will be liable in an increased degree to murders, robberies, and every kind of evil.

Your Pet.i.tioners would observe that it has been considered that the confederate tribes of New Zealand were competent to enact laws for the proper Government of this land, whereby protection would be afforded in all cases of necessity; but experience evidently shows that in the infant state of the country this cannot be accomplished or expected. It is acknowledged by the chiefs themselves to be impracticable. Your Pet.i.tioners therefore feel persuaded that considerable time must elapse before the chiefs of this land can be capable of exercising the duties of an independent Government.

Your Pet.i.tioners would therefore pray that Your Majesty may graciously regard the peculiarity of their situation, and afford that relief which may appear most expedient to Your Majesty.

Relying upon Your Majesty's wisdom and clemency we shall ever pray Almighty G.o.d to behold with favour and preserve our Gracious Sovereign.

[1] On one occasion when Lord John Russell was asked by a French Diplomat how much of Australia Britain claimed, he promptly replied, "The whole of it."

[2] As indicating the state into which society had fallen it may be mentioned that one Master of a trading vessel who had no muskets to sell, gave a chief a packet of corrosive sublimate wherewith to destroy his enemies. To correct this condition of affairs a proclamation was published in the New South Wales Government _Gazette_ in 1814 appointing the Rev. Mr. Kendall and the chiefs, Ruatara, Hongi and Korokoro, Magistrates at the Bay of Islands, for the purpose of suppressing outrages. This authority was subsequently revoked as being illegal.

[3] "The Rev. Mr. Kendall has received a commission to act as a Magistrate, but it does not appear that he possesses the means of rendering effective a.s.sistance to the natives against the oppressions of the crews of European vessels, and of controlling in any degree the intercourse that subsists between them."--Commissioner Bigge to Earl Bathurst, 1823.

[4] This practice was prohibited by the Governor of New South Wales by Proclamation, on November 9, 1814.

[5] Edward Doyle underwent the extreme penalty of the law at Sydney for a burglary committed at the Bay of Islands on June 18, 1836, the sentence being imposed under a statute of George IV.

[6] The Wesleyan mission in New Zealand originated in a visit made to this country in the year 1819 by the Rev. Mr. Leigh, a missionary of the Wesleyan Society then stationed in New South Wales. He made the visit for the benefit of his health on the recommendation of the Rev.

Mr. Marsden.

[7] Pet.i.tion sent to King William through Mr. Yate, per Colonial Secretary of New South Wales, November 16, 1831.

[8] The French were called by the natives "the tribe of Marian" after Captain Marian du Fresne, who met his untimely death at their hands in 1772. To show that these fears were not altogether unfounded, it may be mentioned that the French s.h.i.+p _La Favourite_ anch.o.r.ed in the Bay of Islands the day after the pet.i.tion was signed.

[9] He afterwards became Earl of Ripon.

[10] Mr. Busby's father had been appointed in 1823 as a Mineral Surveyor and Civil Engineer for the colony of New South Wales, by Earl Bathurst, and Mr. Busby accompanied him as a settler, taking with him capital to the extent of about 1000. At the time of his appointment Mr. Busby was Collector of Internal Revenue and a Member of the Land Board of New South Wales.

[11] The Bill was not pa.s.sed, because it was found that Parliament was legislating in a "foreign country," and this it has no power to do.

[12] Mr. Busby's difficulties in this connection were considerably increased by the fact that when British subjects were accused they frequently sheltered themselves under the American flag, saying, "We are Americans, you have no right to interfere with us."--Captain Fitzroy.

[13] "After ardent spirits were introduced in the neighbourhood of Hokianga the Christian natives themselves became so sensible of the evils resulting from the use of them, that under the influence of the Missionaries the chiefs a.s.sembled and agreed to certain regulations, the effect of which was to prohibit the introduction and sale of ardent spirits. Those regulations received the sanction of the Governor of New South Wales, and were for a time partially carried into effect. Our Missionaries have transmitted a copy of the resolutions adopted at a meeting of the natives at Hokianga for the formation of a Temperance Society. Those resolutions were signed by fifteen native chiefs. One chief who was present declined for a time, but at length he agreed, and also signed them. Another chief remarked that it would be desirable that wine and porter should also be prohibited, for if they were allowed the English would say when the rum casks came that they were wine and porter, and by that means spirits would continue to be smuggled into the river. The later accounts give us reason to fear that notwithstanding these regulations spirits continued to be introduced there in defiance of the laws made by the native chiefs."--Rev. Dr. Beecham before Committee of House of Lords.

[14] The British Admiralty agreed to respect and protect the New Zealand s.h.i.+ps' registers after the National flag had been hoisted.

[15] _Korero_ = talk, debate, discussion.

[16] Dr. Marshall, surgeon of H.M.S. _Alligator_, mentions that during his visit to the district he had become interested in a chief named Hau, who, prior to the voting, asked the Doctor for his opinion, on the designs. The Doctor favoured the one ultimately chosen, and Hau "having discovered how my taste lay, paid me the compliment of adopting it, and canva.s.sed others for their votes also." This influence in all probability decided the election. After cession of sovereignty to the Queen in 1840 this flag was of course superseded by the Union Jack as a National ensign. It was then adopted by the Shaw Savill & Albion s.h.i.+pping Company, and is now flown by them as their house flag.

[17] _Kororirori_ was a mixture of flour and water, sweetened with sugar, of which the natives had become very fond. While the feast was in progress word came that Pomare had arrived at the Bay at the head of a large armed party. Mr. Williams was sent to enquire why he had brought arms to a peaceable gathering? He replied, "It is New Zealand custom," and then added, "The _Rangatira_ from the wars.h.i.+ps have their swords, and we ought not for shame to be without our guns," an observation which left little room for an effective rejoinder. Pomare, who was a great stickler for etiquette, was offended because he thought he had not been properly invited, and took this method of showing his displeasure. He was however soon placated by the Missionary.

[18] _Vide_ his despatch of November 21, 1834.

[19] The Baron has been described as a crotchety enthusiast rather than a knavish schemer.

[20] Nene gave him 5000 acres, which was subsequently reduced by quarrels and quibbles to 1000 acres.

[21] Sir George Gipps, Governor of New South Wales, in succession to Sir Richard Bourke, in a despatch dated August 1840, speaks of the Declaration, as entirely a measure of Mr. Busby's concoction, and designates it "a silly as well as an unauthorised act--a paper pellet fired off at the Baron de Thierry."

[22] The chiefs who signed this doc.u.ment were thoroughly representative of the tribes residing between the North Cape and the lat.i.tude of the River Thames.

[23] Dr. Jameson concludes his unalluring picture, by the statement: "It is to the Missionary labour only that we can justly attribute the abolition of infanticide, polygamy, and the atrocities of native warfare which have disappeared before the dawn of Christianity."

[24] This claim is still the subject of negotiation between the British and United States Governments.

[25] Probably the Wentworth Purchase.

[26] The deed confirming this transaction is now in the Hocken Collection at Dunedin.

[27] "The Missionaries have been successful, but I think a greater effect might be given to them if their minds were relieved from those secular things which press upon them on behalf of their children. If they could devote their lives to the service of Christianity instead of trying to better the condition of their own children. At present they are cultivating their land. To use the words of the Rev. Henry Williams--They are just holding on for their children, seeing no other prospect for them than the cultivation of those lands. They cannot send them home to England, for that would be too expensive; New South Wales would not be desirable for them, and this is their only chance."--Evidence of Mr. John Flatt (formerly a catechist of the C.M.S.) before a Parliamentary Committee.

CHAPTER II

SEEKING A WAY