Being assured that there were no hostile natives harbouring on board the Tory, Te Rauparaha left Evans' Island for Kapiti, promising to visit the ship on the following morning. Next day he was received by Colonel Wakefield with a salute of guns, which filled him with alarm, until it had been made clear that the demonstration was intended as a great compliment to him and those chiefs who were with him. The preliminaries of the reception being over, the question of the land purchase was introduced to the chiefs; but Colonel Wakefield discovered them to be distinctly hostile to his proposals, an opposition which he attributed to the influence of Mr. Wynen, the agent for a Sydney land syndicate, whose headquarters were then at Cloudy Bay. The energies of this gentleman had been insidiously applied to prejudice the native mind against the Company's scheme of colonisation; and it was only with the greatest difficulty that the Colonel was ultimately able to dissipate these prejudices, and to obtain their consent "to look over their land, and if he found it good, to take it." A gale which raged through the Strait prevented all communication with the shore and suspended the negotiations until the 21st, when Colonel Wakefield made a definite proposal to purchase all the Ngati-Toa possessions, together with their rights and claims on both sides of the Strait. After he had exhibited to their wondering eyes a great portion of the goods—the finery and the trumpery—which he intended to dignify by the term "payment," his proposals were doubtingly accepted, Te Hiko pressing for more soap and clothing, and Te Rauparaha clamouring for more arms. Te Rauparaha dictated to Mr. Jerningham Wakefield the names of the localities involved in the sale; and the binding nature of the bargain was impressed upon the natives as clearly as the linguistic limitations of Dicky Barrett, the interpreter, would permit.

These preliminaries settled, the following day was appointed for the distribution of the goods; but the ceremony was intercepted by the indisposition of Te Hiko, whom Colonel Wakefield regarded as an indispensable party to the transaction, and he refused to proceed without him. This refusal greatly aggravated Te Rauparaha, whose hands were itching to grasp the guns, which had been thrown like leaven amongst the heap of worthless stuff; and he railed bitterly against the deference paid to one whom he designated "a boy," destitute alike of any interest in, or knowledge of, land. "Give us the goods," said he, "with more powder and arms. Of what use are blankets, soap, tools, and iron pots, when we are going to war? What does it matter whether we die cold or warm, clean or dirty, hungry or full? Give us two-barrelled guns, plenty of muskets, lead, powder, cartridges and cartouche boxes." This militant appeal was coldly ignored by Colonel Wakefield, who steadfastly declined to consider the question of distribution until Hiko's return, which did not occur until two days later. On the 23rd, however, the chiefs again assembled, and the merchandise, which the Company offered as payment for the land, was ostentatiously displayed on the deck of the Tory. The consummation of the transaction was, however, still to be delayed. While Te Hiko was busy trying on one of the coats which he had selected from the pile of clothing, Te Rauparaha, Tungia, and several of the warlike chiefs made an unseemly rush to secure some of the fowling-pieces, which were lying on the companion hatch ready for distribution. This exhibition of selfishness so exasperated Te Hiko that he at once threw down the garment, and, calling to Rangihiroa to accompany him, went down over the ship's side and made for the shore in a fit of ill-humour, out of which he could not be cajoled until next day.

Colonel Wakefield immediately suspended the proceedings, whereupon Te Rauparaha again became deeply offended at the consideration shown for one whom he regarded as so much his inferior; but, in spite of importunities and threats which sorely tried his patience, the Colonel refused to recede from his former attitude, and declined to take one step towards the sale in Hiko's absence. As Wakefield was adamant against all their menaces and blandishments, nothing remained but to return on shore for the purpose of placating Te Hiko, which they shortly succeeded in doing. Next day, unsolicited by Colonel Wakefield, both Te Hiko and Te Rauparaha came off to the ship, and, after entertaining themselves for some time with the novelties of the pakeha, they asked that the deed of sale might be read over to them, the map being at the same time consulted. After questions had been asked and answered, and all doubts on either side apparently cleared away, the fateful document was signed, Te Rauparaha making a mark peculiarly his own, and Te Hiko subscribing the sign of the cross. Each then left the vessel, possessed of a gun, promising that the rest of the chiefs would come on board and sign on the next day. This ceremony was duly performed, but only eleven signatures were obtained, Te Rauparaha and two minor chiefs signing as proxy for the natives on the opposite side of the Strait. A share of the gifts was reserved for Te Rangihaeata, who was at Mana, and had taken no part in the negotiations. On Thursday, 24th October, Colonel Wakefield was able to report to his Directors in London that he had acquired by his purchases at Port Nicholson and Kapiti, at a cost of a few guns, some powder, lead, and miscellaneous goods, "possessions for the Company extending from the 38th to the 43rd degree of latitude on the western coast, and from the 41st to the 43rd on the eastern." But Colonel Wakefield still had some reservations as to the completeness and validity of his purchases; for he added to his report this qualifying sentence: "To complete the rights of the Company to all the land unsold to foreigners in the above extensive district, it remains for me to secure the cession of their rights in it from the Ngati-Awa, and, in a proportionately small degree, from the Ngati-Raukawa and Whanganui peoples."

Three days later he had an interview with the Ngati-Awa people at Waikanae, and they, being excited by the spirit of war and fearful of another attack by Ngati-Raukawa, were easily tempted by the sight of guns and the prospect of powder. Several of the elder chiefs addressed the assemblage, and urged their followers to acquiesce in the Colonel's proposals, conditionally upon their receiving arms and ammunition. To this stipulation Wakefield felt no reluctance in agreeing, and, for the purpose of giving it effect, a conference was arranged to take place on board the Tory. On the appointed day (8th November) the natives were astir bright and early; soon after daylight they "began to come on board, and by 12 o'clock more than two hundred had assembled on the deck, including all the principal chiefs of the Sounds." To these unsophisticated dealers in real estate was produced the deed, phrased in stilted terms, which purported to convey to the Colonel, as agent for the Company, and in trust for the Company, a vast area of country, over much of which the signatories had absolutely no authority whatever.

"Know all men that we the undersigned chiefs of the Ngati-Awa tribes, residing in Queen Charlotte's Sound, on both sides of Cook Strait, in New Zealand, have this day sold and parted with, in consideration of having received, as full and just payment for the same, ten single-barrelled guns, three double-barrelled guns, sixty muskets, forty kegs of powder, two kegs of lead slabs, two dozen pairs of scissors, two dozen combs, two pounds of beads, one thousand flints, the land bounded on the south by the parallel of the 43rd degree of South latitude, and on the west, north and east by the sea (with all islands), and also comprising all those lands, islands, tenements, &c., situate on the northern shore of Cook Straits, which are bounded on the north-east by a direct line drawn from the southern head of the river or harbour of Mokau, situate on the west coast in latitude of about 38 degrees South, to Tikukahore, situate on the east coast in the latitude of about 41 degrees South, and on the east, south and west by the sea, excepting always the island of Kapiti, and the small islands adjacent thereto, and the island of Mana, but including Tehukahore, Wairarapa, Port Nicholson, Otaki, Manawatu, Rangitikei, Whanganui, Waitotara, Patea, Ngati-Ruanui, Taranaki, Moturoa, and the several sugar-loaf islands and the river or harbour of Mokau."

The goods which were specified in the deed as the price of the land were carefully arranged on deck; but during the process of distribution a violent altercation took place, which was only quelled by a threat from the Colonel to send the wares below and proceed to sea, if peace was not immediately restored. Advantage was taken of the "momentary calm" thus secured to obtain the coveted signatures, and consenting chiefs to the number of about thirty appended their marks to the document. Scarcely had the distribution of the beads and bullets recommenced than another mêlée, even more violent, took place. "In a moment," says the Colonel in his report to the Company, "the most tumultuous scene we had ever witnessed took place, in which many blows were exchanged: never did a ship witness such a scene of violence without bloodshed." A similar, "if not more unfriendly," riot occurred on shore amongst those natives who had first conveyed their goods to land before they commenced their peculiar method of division; but it mattered nothing to the Company's representative how the natives abused their goods or each other so long as they had put their marks to his deed. Equally was it a matter of indifference to the Maoris how many deeds they signed, so long as they became possessed of arms and ammunition. It was sufficient for the one that he had outwitted his rivals, and appeared to be doing well for his employers, and for the other that they had satisfied the most pressing need of the moment. Neither looked beyond the immediate present, or took a single thought for the long years of mistrust and misunderstanding that were to follow upon their hasty and ill-considered transactions. Confident that he had made "a full and just payment" for the land described in the deed, Colonel Wakefield on 9th November went on shore and took possession of the estate, in the name of the Company; and, in order to distinguish their possessions, "which so greatly predominate in this extensive territory," from those of other buyers, he designated them North and South Durham, according to the respective islands in which they were situated. Having completed his purchases at Kapiti to his own satisfaction, Colonel Wakefield, on 18th November, sailed northward, intending to call in at Whanganui for the purpose of perfecting his purchases there, as he regarded that district as one of some importance. But before he left he had received a glimmering that his proceedings had not been perfectly understood, and the first shadow of doubt must have crossed his mind when Te Rauparaha calmly informed him that he (Te Rauparaha) wanted more guns, and, in order to get them, intended to make further sales, embracing territory which the Colonel believed he had already bought. Language of the most reproachful character was used towards the chief, and his speedy repudiation of a solemn bargain was characterised in unmeasured terms; but Te Rauparaha steadfastly maintained that, so far as he was concerned, the sale in the Middle Island had not included more than D'Urville Island and Blind Bay at Nelson. Subsequent investigations proved that Te Rauparaha was right and the Colonel was wrong; but it is doubtful whether, when he left for Whanganui, the latter had realised the full extent of his error, and therefore he parted from the chief with bitterness in his heart and an angry word upon his lips.

While these events were in progress in New Zealand, the operations of the Company and its contemporary land-speculators had not passed unnoticed in England. The British authorities were beginning to regard those islands with an anxious eye, but they displayed a painful indecision in adopting measures to meet the political emergency which they were commencing to realise was inevitable. As a tentative step, Mr. Busby was sent from New South Wales in the capacity of British Resident; but his usefulness was shorn down to the point of nullity by the purely nominal nature of the powers with which he was endowed. Negative as the results of this experiment had been, it nevertheless encouraged the British authorities to take a still bolder step in the appointment of Captain Hobson, R.N., as the accredited British Consul, who was authorised to negotiate with the chiefs, and, if possible, to acquire the country by cession, preparatory to annexing it as a dependency of New South Wales. Even Hobson's position was extremely anomalous until the now famous Treaty of Waitangi had been formulated and successfully promulgated amongst the tribes. The ratification of this document by the chiefs was a severe blow to the New Zealand Company, while it is doubtful whether the Maoris had more than a nebulous idea of its real meaning. It, however, gave the British Government the colour of right to institute the principles of established authority in those islands, where it had become their imperative duty to control the colonisation which their indifference had not been able to thwart. With the policy of the Treaty of Waitangi we are not now concerned, beyond recording the fact that, in order to give effect to that policy, it became necessary to procure the signatures of all the principal chiefs, as acknowledging their assent to the solemn obligations involved in the covenant. To this end Archdeacon Williams came southward, and in due course reached Kapiti, where, on May 14, 1840, he succeeded, but by what means we are not told, in inducing Te Rauparaha to sign the treaty. Similarly, Major Bunbury, an officer of the 80th Regiment, had been despatched by Captain Hobson in H.M.S. Herald, charged with the mission of securing the assent of the chiefs in the Middle Island to the proposals of the Government. After having visited all the southern pas of importance, and proclaimed the sovereignty of the Queen both at Stewart Island and Cloudy Bay, he arrived at Kapiti on June 19th, and to him we are indebted for the following account of what there occurred:—

"When we arrived off the island of Kapiti several canoes were leaving the island, and on my preparing to go ashore, fortunately the first canoe we met had on board the chief Rauparaha, whom I was anxious to see. He returned on board with me in the ship's boat, his own canoe, one of the most splendid I have yet seen, following. He told me the Rev. Mr. Williams had been there, and had obtained his signature to the treaty, and on inquiring for the chiefs Rangihaeata and Te Hiko, I was informed that we should meet them both, probably at the island of Mana, and, as this lay on our route to Port Nicholson, thither we proceeded, the chief Rauparaha remaining on board the Herald, his canoes following. On our arrival, the Herald having anchored, I went on shore, accompanied by Mr. Williams and Rauparaha. We learnt that Hiko, son of the late chief Te Pehi, had gone out on a distant expedition. The other chief, Rangihaeata, after some time returned with us on board, accompanied by Rauparaha, when both signed the treaty."

What arguments or other inducements were held out to the chiefs to lead them to append their marks to the document is not clear. Rauparaha subsequently boasted that he had received a blanket for his signature, but whether this gift, or bribe, was tendered by the missionary or the Major is equally a matter of doubt. It would, however, be safe to assume that the blanket was a more potent factor in securing the allegiance of the chief to the policy of the treaty than any arguments that could have been pressed upon him. It is certainly asking much of the intelligence of Te Rauparaha to assert that he was seized with the full significance of the step he had taken, seeing that the terms and intentions of the treaty were afterwards so diversely interpreted by cultured Englishmen.[148] Major Bunbury, when being sent out on his southern mission, was instructed by Captain Hobson to assemble the chiefs, to explain the provisions of the treaty to them, and further, to give them "a solemn pledge that the most perfect good faith would be kept by Her Majesty's Government, that their property, their rights and privileges should be most fully preserved." In direct conflict with this official view, which was an accurate reflex of the instructions given to Captain Hobson himself by the Marquis of Normanby, the then Secretary of State for the Colonies, Lord Howick persuaded a Committee of the House of Commons to condemn the treaty as "a part of a series of injudicious proceedings," and with a light-hearted ignorance of Maori reverence for landed rights,[149] to assert that the acknowledgment of Maori property in wild lands subsequent to the Queen's assumption of sovereignty was "not essential to the construction of the treaty, and was an error which had been productive of serious consequences."

Whether or not Te Rauparaha and his fellow-signatories were able to analyse the language of the treaty with the precision of an English statesman, they had certainly never placed upon it such a loose interpretation as this. And when tidings of the Committee's deliberations reached the colony, the alleged "serious consequences" which had followed upon the observance and administration of the treaty as laid down by Captain Hobson were safety itself compared with the catastrophe which might have followed from this rash attempt to repudiate, in the interests of the New Zealand Company, the essential principle of the treaty—that the "full, exclusive, and undisturbed possession of their lands and estates, forests, fisheries, and other possessions" was guaranteed to the natives by the Queen. Fortunately, at this time there was at the head of Britain's Colonial Department a Minister who held national honour to be dearer than personal gain. Lord Stanley, to his credit, refused to comply with the recommendations of the Committee to confiscate the native land "without reference to the validity or otherwise of its supposed purchase from the natives," and at the end of the famous three days' debate induced the House of Commons to adopt his view of the nation's obligations to the Maoris.