The Treaty of Waitangi Part 4

The cry for better Government was thus becoming imperative, and the demand was not a new one. Both the House of Lords and the House of Commons had entered upon exhaustive enquiries into the subject. The former had reported that the responsibility of extending the colonial possessions of the Crown was one that rested solely with the Government, while the latter had declared in spirited terms that "however pressing the nation's need for a vigorous emigration policy, and whatever action the Government might take to meet that need by finding a soil to which its surplus population might retreat, the House would tolerate no scheme which implied violence or fraud in taking possession of such territory." The reference to "surplus population" in the House of Commons' report introduces a new factor into the problem. It indicates internal as well as external pressure; it tells of clamour from the teeming cities, and a rural population discontented with their lot. It suggests that the nation's mind had moved faster than the politicians, and that already many of England's artisans were seeking to escape to some new country where they might live under freer conditions. The popular theory of the political economists of those days was "over population," and the panacea for the existing national poverty was emigration. In spite of the fact that people are the most precious a.s.set a country can ever have, both doctrines found much favour with the different sections of the community whose interest they seemed best to serve; the spirit of colonisation had got into the air, and the question of finding new fields for the energies of the "surplus" people became a practical issue which no Government could afford to ignore. The necessity for doing something appeared impossible of evasion. Poverty at home and crime unchecked abroad clamoured for redress, but just what to do, or how to do it, was not easy of decision.

Sir Richard Bourke had told the Government in plainest terms that unless they were prepared to give the British Resident more power, and permanently station a s.h.i.+p of war on the coast to support him, it would be more in keeping with the dignity of the nation to withdraw him altogether. To give him more power was an impossibility, unless the Government was prepared to violate the express injunction of the House of Commons and all the precedents by which they had acknowledged the independence of the Maoris. It was therefore not practicable to supply the existing deficiency by extending the jurisdiction of Mr.

Busby.

In their dilemma the Ministers turned for light and leading to the comparatively few people then in England who had previous experience of these far-away islands. Amongst these was Captain Hobson, who in 1837 had been sent over in H.M.S. _Rattlesnake_ pell-mell to render what aid he could to British s.h.i.+pping and British interests generally, on news reaching Sydney of serious hostilities between two of the northern tribes.[28] Captain Hobson had on his return furnished the Governor with a report upon the condition of affairs as he found them at the settlements he had visited. He had also entered into the discussion of a scheme for the future government of the country, in which he favoured proceeding upon the plan of the Hudson Bay and East India Companies by establis.h.i.+ng trading factories in different parts of the islands, and so fulfilling what he urged had become a solemn duty to apply a remedy for a growing evil. "It has occurred to me," he wrote, "that if factories were established at the Bay of Islands, at Cloudy Bay, and Hokianga, and in other places as the occupation by British subjects proceeds, a sufficient restraint could be const.i.tutionally imposed on the licentious whites, without exciting the jealousy of the New Zealanders or of any other power. I will not presume to enter too deeply into the details of such a measure, but beg simply to suggest that sections of land be purchased, enclosed, and placed within the influence of British jurisdiction as dependencies of this (New South Wales) colony. The heads of factories should be Magistrates, and the chief factor should, in addition, be accredited to the united chiefs of New Zealand as a political agent and consul. All communications with the British Government should take place through the chief factor, with whom alone the local factors should correspond. All British subjects should be required to register themselves and their landed property at the factories. Two or more respectable British residents nearest to each station should hold Commissions of the Peace to a.s.sist the factors. Prisons should be constructed within the factories and legally proclaimed in the colony.

A treaty should be concluded with the New Zealand chiefs for the recognition of the factories and the protection of British subjects and property. To meet the expenses which the establishment of a system of factories upon the principle I have mentioned would necessarily entail, funds might be obtained from a variety of sources, such as a small fee on the registration of the purchase of land from the natives, on the entry and clearance of British s.h.i.+pping, and a small percentage on goods and produce imported and exported. The great security which would result from this system would, it is conceived, readily dispose the British subjects resident in New Zealand, to conform to such an impost."

After acknowledging the primary need for Imperial legislation to give effect to his suggested policy, he continues: "The benefit which may be supposed to arise from the establishment of factories in New Zealand is not confined to the mere legal protection they are supposed to afford; but we may hope they will be the means of introducing amongst the natives a system of civil Government which may hereafter be adopted and enlarged upon. Nor is it to be overlooked that in times of intestine war they will afford a safe retreat to our fellow-countrymen, who will then become powerful by concentration."

In the estimation of Sir Richard Bourke, Captain Hobson's scheme contained "suggestions of great value," and in transmitting it to the Colonial Office he not only gave it his full endors.e.m.e.nt, but justified it because it was in his opinion "neither possible nor desirable to put a stop to the growing intercourse between the English colonies in these seas and New Zealand." He also raised his voice against the neutral policy which was being pursued, for while admitting the failure of the British Residency, he protested that "it would be difficult for His Majesty's or this Government to act for any length of time upon the stern principle of non-interference if the lives and property of British subjects appeared to be in jeopardy. Any plan, therefore, by which the intercourse may be sufficiently regulated, and usurpation, real or apparent, avoided, is well worthy of serious consideration."

Simultaneously with Captain Hobson's scheme, was sent a letter from Mr. Busby, written while the _Rattlesnake_ was in New Zealand waters. In this communication the Resident also endeavoured, for the guidance of Ministers, to reduce to a system a scheme of government based upon his several years' experience of the people and the country. Governor Bourke evidently looked upon it with a less favourable eye than he did upon the report of the naval officer, and commended it merely as advancing "suggestions that were not without value."

This letter must, however, be regarded by all historians as the more valuable of the two, for in it will be found the germ of the treaty which was afterwards adopted by both _Pakeha_ and Maori as the basis upon which New Zealand was taken into the British Empire; upon which her past progress has been built, and her future prosperity must depend.

In the previous year (1836) Mr. Busby had made a somewhat similar suggestion, founded upon the principle sanctioned by the Treaty of Paris in the case of Great Britain and the Ionian Isles, and also applied in various instances on Britain's Indian frontier. That principle recognised "a protecting state administering in chief the affairs of another State in trust for the inhabitants," and this condition he claimed could be, with but slight modification, applied to New Zealand both economically and efficiently. Mr. Busby was by no means of the opinion, afterwards so contemptuously expressed by Sir George Gipps, that the native Declaration of Independence was "a paper pellet fired off at Baron de Thierry." On the contrary, he attached considerable importance to it, proposing to make it the authority on which the chiefs were ent.i.tled to enter into diplomatic relations with Great Britain for the cession of their administrative rights.

"The chiefs who were parties to the articles of Confederation, and to the Declaration of Independence," he wrote, "together with those who subsequently adhered to it, include, with very few exceptions, the whole of the chiefs of influence in the northern parts of the Islands, and the adhesion of the remainder could at any time be procured.

Whatever acts approaching to acts of sovereignty or government have been exercised in the country, have been exercised by these chiefs in their individual capacity, as relates to their own people, and in their collective capacity as relates to their negotiations with the British Government, the only Government with which the chiefs or people of New Zealand have had any relations of a diplomatic character. The articles of Confederation having centralised the powers of sovereignty both _de jure_ and _de facto_ by the several chiefs, and having established and declared the basis of a const.i.tution of government founded upon the union of those powers, I cannot, I think, greatly err in a.s.suming that the congress of chiefs, the depositing of the powers of the State, as declared by its const.i.tution, is competent to become a party to a treaty with a foreign power, and to avail itself of foreign a.s.sistance in reducing the country under its authority to order, and this principle being once admitted all difficulty appears to me to vanish."

It did not, however, enter into the proposal of Mr. Busby that the British Government should be both in theory and in fact the administrative authority. He still contemplated the retention of the federated chiefs as the nominal source of power, with himself as its presiding genius. "In theory and ostensibly the government would be that of the confederated chiefs, but in reality it must necessarily be that of the protecting power. The chiefs would meet annually, or oftener, and nominally enact the laws proposed to them, but in truth the present race of chiefs could not be entrusted with any discretion whatever in the adoption or rejection of any measure that might be submitted to them."

He proposed to const.i.tute the chiefs guardians of the peace and public morals, and to pay them for their services. Schools were to be established, and the Missionaries and catechists were, as far as their duties would permit, to be appointed Justices of the Peace, whose decisions were, if needs must, to be supported by a military force.

Even a periodical newspaper was provided for as a means of "instructing the natives in those relative duties of the people and their rulers, which are familiar to all ranks of the population under established Government, but of which the New Zealanders have scarcely yet formed an idea." Revenue was to be raised by an impost on s.h.i.+pping and a duty upon spirits and tobacco. Indeed, so modest was his contemplated civil establishment that he estimated an expenditure of not more than 1000 per annum would be sufficient to maintain it in adequate splendour. All existing land claims were to be settled by an independent commission, and after that all t.i.tles were to be void unless procured through the Government, whose special duty it would be to see that ample reserves were retained for the natives.

Mr. Busby, in submitting these proposals, ventured to suggest that they might be presumed to give an effective degree of protection to the British subjects resident in New Zealand, without infringing on the rights of the New Zealanders as an independent people and at the same time "satisfy the reasonable scruples of a foreign Government."

This latter condition was one that in maturing their plans the British Cabinet could not leave out of their consideration; for already both France and America were factors to be counted upon in the South Pacific, and might with almost equal justice claim a share in the sovereignty of the country.

The Government were still wrestling with the perplexities of the position when the New Zealand a.s.sociation rose into being, and served to still further complicate the issues. There was an opinion in political circles, afterwards crystallised into a definite recommendation by the House of Lords, that the colonisation of New Zealand was the duty of the State, if it was Britain's duty at all, but private enterprise had never been wholly disa.s.sociated from the scheme.[29] As far back as 1825 a New Zealand Company, "acting with the sanction and encouragement of the Government," had been formed under Lord Durham, and had acquired an estate on the banks of the Hokianga River. This settlement, under Captain Heard, had been of the most fugitive character; but the land still remained more or less an a.s.set, and subsequently was acquired by the New Zealand a.s.sociation, founded in 1837 by the Hon. Francis Baring, M.P. for Sheffield, in conjunction with other gentlemen prominent in English public life of that day. This a.s.sociation grew out of an enquiry made at the instance of the House of Commons by a committee called the Committee on Colonial Lands, but the real subject of the enquiry was colonisation.

One of the princ.i.p.al witnesses was Mr. Edward Gibbon Wakefield, who gave some account of the then existing state of New Zealand, and spoke of it as a country extremely eligible for the purpose of British colonisation, provided some regular system should be adopted in place of the lawless practices that were then rampant. In consequence of that statement, a member of the committee spoke to him upon the subject of colonising New Zealand. Subsequently other gentlemen were admitted to their discussions, and as a result of their joint deliberations they determined to form an a.s.sociation for the purpose of obtaining from Parliament (for Parliamentary aid was considered essential) some regulation both for the colonisation and the government of the Islands, to take the place of the irregular practices that were then on foot.

There is little doubt that in its inception the a.s.sociation had a large measure of philanthropy underlying its principles, for it was the outcome of the unsatisfactory social conditions existing in England at that period. The scheme attracted to its aid men of wealth and culture, and under the organising genius of Edward Gibbon Wakefield it acquired an influence, both social and political, which no government could safely regard with indifference.[30]

To secure New Zealand as a British possession; to find a profitable investment for British capital; and to provide employment and opportunity for England's idle labour were the nominal objects for which the a.s.sociation had been formed. To give these purposes practical effect the a.s.sociation had, under the guiding hand of Wakefield, formulated definite theories upon the subject of colonisation; and to the end that their ideals might be achieved they sought the a.s.sistance of the Government and the sanction of Parliament.

On a day in June 1837 they secured an interview with the Prime Minister, Lord Melbourne, whom they found attended by Lord Howick, a member of the Government, though not of the Colonial Office, and who was present, so they were told, in the character of an adviser on the subject, he having paid considerable attention to colonial problems.

The aims and purposes of the a.s.sociation were laid before the Ministers by Mr. Baring, chairman of the society, and the result of the deputation was an a.s.surance from the Premier that for himself he saw no objection to the scheme of the a.s.sociation, and that he perceived in some of their purposes a laudable object, but that not being familiarly conversant with such subjects he did not care to do more than to express his general approbation, and to refer the deputation for the discussion of all matters of detail to Lord Howick, who was well informed on all such questions, and who possessed, in the office which he held, as much leisure as would enable him to attend to the subject. The committee was highly satisfied with their interview, and communicated in various ways with Lord Howick upon the details of their plan, amongst other things submitting to him a draft of the Bill which they proposed to introduce into the House of Commons. Lord Howick examined the Bill, and both in conversation and in writing suggested various modifications, which though not universally approved by the promoters, were adopted in their entirety rather than risk the loss of that influence which they considered essential to the success of their plan--the a.s.sistance of the Executive Government. The death of the King, William IV., at this juncture, put a sudden termination to their political proceedings; but the outlook for their negotiation appeared so satisfactory that, pending the a.s.sembly of the new Parliament, they published an invitation to all persons so disposed to join the a.s.sociation for the purpose of emigrating to New Zealand. The publication of this resolution drew to their ranks a large body of wealthy and influential people; and when Parliament met again in December of the same year a very considerable number of persons had expressed their intention of settling in the new colony. Accordingly the committee, on December 13, again waited on Lord Melbourne with a view to obtaining his final approval upon the measure which they proposed to submit to the Commons. As at the previous interview, the object of the a.s.sociation in seeking this second conference was stated by Mr. Baring, when Lord Melbourne, who appeared to have forgotten what had pa.s.sed on the former occasion, referred the deputation to Lord Glenelg, who was present as Colonial Minister.

This gentleman at once adopted an att.i.tude of hostility to the whole proposal, his objections being primarily that the jealousy of foreign powers might be excited by the extension of British colonies; that England had colonies enough; that they were very expensive to govern and to manage; and that they were not of sufficient value to make it worth while to increase their number.[31] The reb.u.t.tal of these unexpected objections involved a discussion of over an hour, during which considerable feeling was displayed by some of the gentlemen present, who saw in the att.i.tude of the Minister a grim prospect of their scheme being thwarted. Several of these had, during the interval since the previous interview, disposed of their property and quitted professions in which they were engaged, with a view to emigrating, and they now felt very strongly the position in which they were placed by the withdrawal of the Ministerial approval which they believed their enterprise was to receive. One of these was described to Lord Melbourne as having wound up his affairs with a view to emigrating, and as being likely to suffer very seriously from now finding himself unable to carry his plan into effect. Lord Melbourne, not knowing that he was present, said that such an individual must be mad. The gentleman immediately rose and, facing the Premier, said that he was the madman. This created a distinctly dramatic situation, and the conference was on the point of breaking up in excitement and disorder when Lord Melbourne was reminded of his former sympathetic reception of the a.s.sociation's proposals, whereupon he held a further brief consultation with the leaders of the deputation, and gave them to understand that the matter would be again considered by the Government, and that if they would wait upon Lord Glenelg in a week's time they would get an answer more to their satisfaction. Pursuant to that arrangement, the same body of persons waited on the Colonial Secretary on that day week (Wednesday, December 20), when Lord Glenelg informed them that the subject of the colonisation of New Zealand had been reconsidered by the Cabinet, and that circ.u.mstances which had occurred during the interval had induced Ministers to think that their former view was not the correct one. What had happened to so influence the Ministerial mind was the receipt of those important despatches from Mr. Busby, the British Resident, and from Captain Hobson, in which both these officers urged the need for a more vigorous policy on the part of the Colonial Office in its relations with New Zealand. The opinions of the Government, therefore, now approximated somewhat more closely to those of the a.s.sociation, but there was still some hesitancy in proceeding by way of Act of Parliament. The Colonial Department, Lord Glenelg said, had fully considered the matter, and were satisfied that the measures desired might be carried into complete effect without applying to Parliament at all; and that they were consequently prepared, in the exercise of the power of the Crown vested in the Secretary of State for the Colonial Department, to give to the a.s.sociation a Charter of Incorporation, being a Charter of government similar to those which were granted in the sixteenth and seventeenth centuries to the companies which founded the thirteen great colonies in America. Nine days after this interview the a.s.sociation received an official letter from Lord Glenelg, reiterating his offer of a Charter, and calling upon the committee to form their members into a Joint-Stock Company with a subscribed capital sufficient to qualify them for the Charter he proposed to issue. This proposition was wholly unacceptable to the a.s.sociation for two vital reasons. They had from the beginning declared that they intended to take no private pecuniary interest in the undertaking, and yet in spite of their care in this direction they had been very untruly charged before the public with having no other object than that of private pecuniary gain for themselves. Again some of their most influential leaders were persons, such as distinguished clergymen of the Established Church, holding preferment, who were almost disqualified by that circ.u.mstance from becoming members of a Joint-Stock Company, and, therefore, it was unanimously resolved that the offer of the Colonial Secretary could not be accepted. But though this avenue of procedure was closed there was still another open to them, and it was determined to procure, if possible, the pa.s.sage of a Bill through Parliament, based upon the plan which they had originally placed before the Government. Such a Bill was brought into the House of Commons by Mr. Baring, but owing to the opposition of the Ministers, including Lord Howick,[32] and the widespread impression that the a.s.sociation was nothing better than a land-sharking Company, the measure was defeated by a large majority.

The discussion which was provoked by this Bill was responsible for concentrating public attention upon two points, namely, the objects which animated the a.s.sociation, and, secondly, the diversity of opinion which existed on the subject of British sovereignty in New Zealand. One of the most ardent advocates of the a.s.sociation was the Rev. Dr. Hinds, a clergyman of the Established Church, who had been greatly impressed by the social stagnation in England, and who had joined the committee in the hope of providing some outlet for the country's allegedly "surplus" population. Dr. Hinds told the Committee of the House of Lords in 1838[33] that he considered the colonisation of New Zealand expedient because of the number of persons of various cla.s.ses in Great Britain who were anxious to settle themselves in a colony in New Zealand; persons who from their character, station, and other considerations, had a claim on the British Parliament to facilitate that object. The feeling, he a.s.sured their Lords.h.i.+ps, in favour of such a colony was deep seated and sincere, supporting his contention by quoting letters he had received from Scotland,[34]

where, he said, existing conditions were clamant for an immediate remedy. That remedy, he contended, the colonisation of New Zealand would supply. "There is," he said, "an abundance of capital and an abundance of labour in Great Britain, and the abundance of capital the capitalists can hardly employ so as to be sufficiently remunerative by any investment in this country. At the same time there is a great ma.s.s of the labouring population who can no longer obtain sufficient wages to keep up what have become the necessaries of life to them. The proposed colony would therefore be a measure of relief to both the capitalists and labourers."

[Ill.u.s.tration: LORD NORMANBY.]

Dr. Hinds concluded his instructive picture of social England at that date by urging the colonisation of New Zealand on the general ground that settlement was already proceeding there along irregular lines, and without any "combining principle." This fundamental requirement to all well-ordered societies, he thought, was provided for in the plan of the a.s.sociation, and he proceeded to explain in very explicit terms the two cardinal points of its const.i.tution--its Government, and the principles which would control its land transactions.

The executive authority of the a.s.sociation was, he said, to be placed in the hands of a Commission resident in England, which Commission was to be merely a provisional body to last so long as might be thought necessary to set the scheme on foot. It was proposed to delegate to these Commissioners the power to make laws, the Crown to determine the extent of the delegation, and many other important matters. A further power of delegation was to be given to a Council in New Zealand, but the responsibility for all that was done was to rest with the Commission at home. "Whatever the powers are, it is only required that they should be exercised for a period of twenty-one years, and the a.s.sociation would not at all object if it should seem desirable to have the time shortened. At the end of that term the whole Government of the colony would revert to the Crown."

In its land dealings, the element of profit was to be eliminated by the fact that the whole of the money derived from the sale of land or other sources must be spent in the interests of the colony, and no member was to derive any advantage therefrom: "The money for which the land will be sold by the Commissioners will be a price made up of several sums. It will in the first place contain the sum paid for the land itself, which I conceive will be a very small proportion. It will contain then a sum which will be calculated as sufficient for bringing out labourers to cultivate the land purchased; that will be the largest amount. It is also proposed that there should be a further sum added for the purpose of making roads, bridges, and public works, and it is also proposed that one of the items should be a sum to be expended in making provision for the natives, such as procuring them medical a.s.sistance and some instruction in the arts. The price the settlers will pay for the land will be only the price paid for it to the natives, and the additions to that sum will be in fact the purchase money paid for certain benefits which are considered essential to the prosperity of the colony, more especially for a due supply of labour."

The House of Lords' Committee reported against this scheme on the broadly Imperial grounds that the extension of the colonial possessions of the Crown was a question of public policy with which the Government only should deal. The element of private enterprise was, in their Lords.h.i.+ps' opinion, eminently undesirable, holding with Captain Fitzroy, whose personal experience they valued, that "colonisation to be useful must be entirely under the control of the Executive Government of the Mother Country."

At this point a new and vigorous opponent directed its energies against the plans of the a.s.sociation. The Church Missionary Society had been watching its proceedings with a jealous eye, and from the moment of the a.s.sociation's inception had adopted an att.i.tude of hostility towards it. Rightly or wrongly the Society had conceived the notion that the colonisation of the country must have a detrimental effect upon its Missions, and that therefore a sacred duty devolved upon the Committee to frustrate its consummation if it were at all possible so to do.

Immediately following the publication of the a.s.sociation's prospectus the Society had communicated with its Missionaries in New Zealand, calling their attention to the scheme, and urging them to furnish the Committee with their views upon it, and so a.s.sist the parent body in reaching a conclusion as to its merits. Without waiting for these replies the Committee proceeded to deliberate upon the evidence then available, and on June 6, 1837, formulated the following resolutions, which they ever afterwards consistently made the basis of their att.i.tude towards the a.s.sociation.

That the New Zealand a.s.sociation appears to the Committee highly objectionable on the principle that it proposes to engage the British Legislature to sanction the disposal of portion of a foreign country over which it has no claim to sovereignty or jurisdiction whatever.

That the a.s.sociation is further objectionable from its involving the colonisation of New Zealand by Europeans, such colonisation of countries inhabited by uncivilised tribes having been found by universal experience to lead to the infliction upon the aborigines of great wrongs and most severe injuries.

That the Committee consider the execution of such a scheme as that contemplated by the a.s.sociation especially to be deprecated in the present case, from its unavoidable tendency, in their judgment, to interrupt if not to defeat, those measures for the religious improvement and civilisation of the natives of New Zealand, which are now in favourable progress through the labours of the Missionaries.

That for the reasons a.s.signed in the preceding resolutions the Committee are of opinion that all suitable means should be employed to prevent the plan of the New Zealand a.s.sociation from being carried into execution.

The Society again made declaration of its views in the following year, embodying in its annual report (May 1, 1838) a plea for the humane consideration of New Zealand's claims, and for their own disinterested services to the country:

Your Committee cannot close this report on the New Zealand Mission without adverting to the peculiar situation of that country as it is regarded by the public at large. What events may await this fair portion of the globe, whether England will regard with a sisterly eye so beautiful an Island, placed like herself in a commanding position, well harboured, well wooded, and fertile in resources; whether this country will stretch forth a friendly and vigorous arm, so that New Zealand may with her native population adorn the page of future history as an industrious, well-ordered, and Christian nation, it is not for the committee of the Church Missionary Society to antic.i.p.ate--but this consolation they do possess. They know that the Society has for the past twenty years done good to the natives, hoping for nothing again, nothing save the delight of promoting the Glory of G.o.d and good-will among men. The Society has sent forth its heralds of peace and messengers of salvation, and has thus contracted such an obligation towards those whom it has sought to benefit that your Committee are constrained to lift up their voice on behalf of that Island, and to claim that no measures shall be adopted towards that interesting country which would involve any violation of the principles of justice on our part, or the rights and liberties of the natives of New Zealand.

The Society having once determined upon its att.i.tude towards the a.s.sociation never turned back. Their Secretary, Mr. Dandeson Coates, became a militant force whom they found it difficult to shake off, and together with the enormous influence he was able to wield in religious circles, const.i.tuted a power that might have made the Government pause had they been predisposed to afford the a.s.sociation the shelter of their wing.

Hara.s.sed by the Church Missionary Society and repulsed by Parliament the a.s.sociation turned to the hope of resuming the negotiations with the Government at the point at which they had broken with Lord Glenelg. In the previous year the Colonial Secretary had, it will be remembered, reluctantly professed sympathy with the objects of the organisation up to the point that it fell short of being a Joint-Stock Company. He had then informed Lord Durham[35] that colonisation having gone on in New Zealand to some extent, the only question was between allowing it to proceed along desultory lines, without law, and fatal to the natives, or a colonisation organised and salutory. "Her Majesty's Government are therefore," he said, "disposed to entertain the proposal of establis.h.i.+ng such a colony. They are willing to consent to a Corporation by a Royal Charter, of various persons to whom the settlement and government of the projected colony for some short term of years would be confided. The Charter would be framed with reference to the precedents of the colonies established in North America by Great Britain in the sixteenth and seventeenth centuries."

The basis on which these Atlantic colonies had been established was that of business concerns; for it was officially stated that the a.s.sociation's scheme was objected to because of the absence of an actual subscribed capital, and the consequent want of protection to those proceeding to the colony as emigrants. For the reasons already given, the stipulation that the a.s.sociation should convert itself into a Joint-Stock Company was so contrary to the motives which had inspired it that it was at first, and still was, hotly resented and resisted by its princ.i.p.al and truly philanthropic promoters. Many of these now withdrew from the ranks of the a.s.sociation; but others, rather than give up the hope of colonising the Islands, consented to comply with the demand of the Minister, after Parliament had rejected their Bill, as they wrongly a.s.sumed, for the insufficient reason of a non-existent capital. The a.s.sociation then, in 1838, became a Company, shares were issued, capital subscribed, the reorganisation changing its whole character from a quasi-benevolent to a strictly commercial concern, whose business it was to buy land at a low price in New Zealand, and sell it at a high price in England.[36]

In the meantime a change had taken place at the Colonial Office. Lord Glenelg had fallen over his Canadian policy, and in the year following its reconstruction, the Company, on the ground that they had now complied with all that had been stipulated for, approached his successor, Lord Normanby, "with a view of obtaining, through his Lords.h.i.+p's intervention, a Royal Charter of Incorporation." Upon what took place at this interview the widest divergence of opinion appears to exist. The Company claimed that the Minister received them with the greatest affability and encouragement, and that in consequence they left the Colonial Office in high spirits at the very favourable reception they had met with, and were perfectly satisfied in their own minds that all opposition to their scheme had not only ceased, but that they could proceed with the full concurrence of the Government.

Their feelings may, therefore, be easily imagined when, within forty-eight hours of their meeting with the Minister, they received an official letter from Lord Normanby, dated March 11, 1839, in which his Lords.h.i.+p warmly repudiated the suggestion that the Government was in any way bound to give effect to his predecessor's promise. He pointed out that Lord Glenelg's offer had been distinctly rejected by those to whom it was made; that they had since applied to Parliament for powers which they had failed to procure from the Crown; and that the personnel of the Company had so completely changed that by no process of reasoning could it be argued that the promise of Ministerial approval had been given to the same people as were now making the application. He therefore claimed that he stood unfettered by any pledge, and was free to discuss the question in the public interests, and for the public as though the rejected offer of 1837 had not been made.

In thus sternly refusing to countenance the proceedings of the Company, the Minister may have been induced to adopt the course he took by a reason altogether different from that which he gave, but one which he found more difficult to diplomatically express. For directing his attention to the change in the personnel of the promoters he was indebted to his Departmental Secretary, Mr. Stephen, who had kept the strictest watch upon the correspondence of the Company, and when the request, now under review, was preferred, he wrote a Memorandum to his Minister which may have profoundly influenced the mind of Lord Normanby.

"You can see," he said, "from looking over the list of the proposed Directors, that the leading members are now Roman Catholics. If this business is committed to them, New Zealand will infallibly become a Roman Catholic country. I am convinced that this would give the most severe offence to all the religious bodies which have established Missions there. I cannot withhold expressing my own opinion that the objection would be perfectly just and well founded. As long as we have the choice of establis.h.i.+ng Popery or Protestantism in any part of the world I cannot understand how any one, not a Roman Catholic, would hesitate what that choice should be."[37]

How far the suggestion of Mr. Stephen weighed, or did not weigh, with his chief can now only be a matter of merest speculation, for unfortunately little in the way of record has been left to guide us.

It is possible that under the sway of the religious feeling which existed in England at that time he did not altogether disregard it, but it is more probable that the circ.u.mstance which weighed with him most was the fact that since Lord Glenelg's day the Government had received more serviceable advice as to their powers under the Law of Nations, and that finding it was not within their right to issue a Charter affecting New Zealand, they were then considering the suggestions made by Mr. Busby and Captain Hobson, and were even at that moment contemplating the steps which they afterwards took. Lord Normanby would, under these circ.u.mstances, find it difficult and inexpedient to refer in definite language to these immature plans, and consequently the general terms in which he was compelled to speak may have misled the members of the Company who waited on him to sue for a Charter. In considering a pet.i.tion from the Merchants, Bankers, and s.h.i.+powners of the City of London respecting the colonisation of New Zealand, an effort was made by a Committee of the House of Commons, in 1840, to discover exactly what was the att.i.tude of the Ministerial mind at this juncture. Mr. Gibbon Wakefield complained that the Company had been scurvily treated by Lord Normanby, who had led them to suppose that they had his sympathy and approval, and had then, within a comparatively few hours, despatched the letter in which he refused to be bound by the promise of his predecessor to issue a Charter. In reply to this accusation, Mr. Labouchere, who was then Under-Secretary at the Colonial Office, and might, therefore, be expected to have some inside knowledge, took the view that the Minister had been misunderstood, and asked whether the position was not this: That Lord Normanby had stated to the Company that he considered their objects very useful and laudable, and that he should have been disposed to give them his most favourable consideration, provided New Zealand were a British colony; that he intended to take steps that he believed would probably lead to the const.i.tution of New Zealand, either wholly or in part as a British colony; but that till those steps had been taken it would be utterly inconsistent with his official duty, not only to give encouragement, as a Minister, to the proceedings of the Company, but even to recognise them in any way whatever?

To this Mr. Wakefield's answer was: "My impression has always been that when Lord Normanby received those gentlemen he sincerely felt what he said; that he was glad to see persons of so much influence, and of such station in society, engaged in such a work; but that after the interview he came into communication with the officers of his Department, and received information of what had pa.s.sed before, for he was quite new in the office,[38] and that the letter written after the interview, which was so much at variance with it, was written rather by the office, I should say, than by Lord Normanby himself, for the purpose of maintaining the consistency of the course which the Government had pursued."

It was therefore clearly the opinion of Mr. Wakefield that Mr. Stephen was a force to be reckoned with, and that whether he influenced it from the religious or the secular point of view, the Departmental head of the office was a powerful factor in moulding the policy which the Minister afterwards followed. But be that as it may, it still remains that from this date the Company and its colonising scheme received no quarter from the Colonial Secretary nor from the Department while he was at its head. Nothing daunted by official discouragement, the Company went steadily on with their arrangements; and within the year they had so far completed their plans that their pilot s.h.i.+p was ready to sail, all that was requisite being the extension of a helping hand to Colonel Wakefield, their pioneer representative, by Her Majesty's officers in Australia, in the event of things going badly with him. To this end, on April 29, Mr. William Hutt, who had now become chairman of the Company, Lord Petre and Mr. Somes waited upon Lord Normanby, preferring a request that letters might be given to the leader of their expedition, soliciting the good offices of the Governors of New South Wales and Van Dieman's land, should Colonel Wakefield require their aid. Their request was accompanied by a copy of the Company's instructions to Wakefield, all of which came as a violent surprise to the Colonial Secretary, who immediately p.r.o.nounced with unmistakable emphasis, the Government's hostility to these unauthorised proceedings. He protested that this was the first he had heard of the Company's matured plans to proceed to New Zealand and there set up a system of Government independent of the authority of the British Crown, therefore it was impossible that he could do any act which might be construed into a direct, or even indirect, sanction of such a proceeding. He further made it plain that the Government could not recognise the authority of any agents whom the Company might send out to New Zealand, nor would they give future recognition to any proprietary t.i.tles to land within that country, which the Company might obtain by grant or purchase from the natives. Indeed, so far had matters, he said, now been pushed, that he had no option but to indicate that the time had arrived when Her Majesty must be advised by her Ministers to adopt one of the last of Lord Glenelg's recommendations, before he left the Colonial Office,[39] and take measures without delay to obtain cession in sovereignty to the British Crown of such parts of New Zealand as are, or might be, occupied by British subjects, and that officers selected by the Queen, and not by the Company, would be appointed to administer the executive Government within such territory. "Under these circ.u.mstances," the Colonial Secretary concluded, "I must decline to furnish the Company with the introductory letters for which they apply."

This intimation was given to the Company in the dying days of April 1839, and by the 13th of June Lords Normanby and Palmerston had, after consultation with the Law Officers of the Crown, agreed not only that the moment was ripe for official action, but that the proper course to take was to send to New Zealand an officer with Consular powers, whose first duty would be to secure the cession in sovereignty from the chiefs. The territory so ceded was then to be annexed to New South Wales, the Consul to be raised to the rank of Lieut.-Governor, acting under the Governor of the Mother colony, but invested with sufficient authority to preserve law and order in the country. His salary of 500 per annum was at first to be a charge upon the revenues of New South Wales, to be refunded so soon as the necessary arrangements could be made for the collection of taxation in New Zealand.

On July 19 these proposals were confirmed by the Lords of the Treasury, whereupon Lord Palmerston penned the letter to Captain Hobson of which the opening paragraph of the previous chapter is a brief extract.

In the meantime a clipper brig of 400 tons, named the _Tory_ had been quietly fitted out by the Company for a dash to New Zealand. She was armed with eight big guns, and as a precaution against a hostile reception, small arms were provided for all the members of the crew, a specially selected body of men. Under the command of Captain Chaffers, who had been round the world with Fitzroy in the _Beagle_, she left Plymouth Sound on May 12 (1839) and proving a smart sailer, crossed the equator twenty-six days out, the high land of the South Island being sighted in the vicinity of Cape Farewell on August 16.

This pioneer s.h.i.+p of the Company's fleet carried in her cabin their official representative in the person of Colonel William Wakefield, and in her hold a full complement of pots, pipes, and Jews' harps, which that gentleman proposed to exchange as full value for the land he hoped to acquire by barter from the natives.