At first, the resident natives allowed the work to proceed with but slight resistance. Once or twice they refused to permit timber to be sawn for pegs and ranging rods; but with the exercise of a little tact and patience these difficulties were overcome, and the work had proceeded with so little friction that before Rauparaha arrived Messrs. Barnicoat and Thompson had practically completed their contract, the others not being quite so far advanced.
Rauparaha and Rangihaeata were at Mana when the news of these proceedings reached them, and they at once engaged with their English friend, Joseph Toms, to convey them and a portion of their party in his schooner, Three Brothers, to Port Underwood, whence they intended to reach the Wairau in their canoes. On the 1st of June the schooner and the canoes arrived at the port, and Rauparaha, with one hundred armed followers, at once proceeded to the house of Mr. Cave, who for seven or eight years had been employed there as cooper for the whaling stations, and with whom they were on the best of terms. To him they declared their intention of burning the surveyors' camps, and for that purpose they left for the Wairau the same evening, in eight canoes and a whaleboat. Next morning Rauparaha, with thirty of his people, appeared at Mr. Cotterell's camp on the Opawa River, and, after stripping his huts, burned the toetoe grass with which they were covered, as well as the survey pegs and ranging rods prepared from manuka sticks. They then assisted the surveyors to carry their belongings to the boats, and shipped them off to the pa at the mouth of the river. Their next proceeding was to paddle up the Wairau to Mr. Barnicoat's camp, which was situated on the river-bank close to the Ferry Bridge, and there they re-enacted their settled programme. In these proceedings Rauparaha was very firm, yet conciliatory. There was no exhibition of temper or violence towards persons or property. He simply gave the surveyors to understand that he would have none of them or their surveying there, and that the sooner they returned to Nelson the better he would like it;[155] and, to this end, he assisted them to remove their instruments and personal effects to a place of safety before demolishing their whares. In logical fashion, he argued that the toetoe, having grown upon the land, was his, that he was entitled to do what he pleased with his own, and that so long as he did not interfere with any of the articles brought from England, he was committing no breach of justice.
The instruments and baggage were placed in the boats and taken down to the pa, where they were safely landed and their owners treated with every consideration. But, before matters had reached this crisis, the contractors had despatched a joint letter to Mr. Tuckett, at Nelson, explaining the gravity of the situation, and asking him to come down at once and certify to the work already done. On receipt of this communication Mr. Tuckett, accompanied by Mr. Patchett, at once set out for the Wairau; and, on his arrival at the bar, on 3rd June, he was met by Mr. Cotterell, who briefly related all that had transpired since the arrival of Rauparaha, and the present position of natives and contractors respectively.
So soon as he had grasped the situation, Mr. Tuckett hastily wrote a letter in pencil to Captain Wakefield, giving details, and intimating his intention of remaining on the scene until the Captain should make his pleasure known to him. This letter he entrusted to Mr. Cotterell, who at once left with his men in the boats for Nelson. The chief surveyor then set off up the Opawa River to the site of Mr. Cotterell's camp, where he pitched a tent and remained all night. In the morning he proceeded, in company with Mr. Patchett and Mr. Moline (Mr. Cotterell's assistant), to search for Mr. Parkinson, and, when they arrived at his hut, they found it in possession of a few natives, who had in no way interfered with it. The surveyor and his party not being there, Mr. Tuckett inquired for Rauparaha and Rangihaeata, who he was informed were in the bush. He thereupon explained that he intended to go over to the Awatere, that he would be absent about three days, and that at the end of that time he desired to meet the chiefs at Mr. Cotterell's camp, where he would converse with them over the recent events. The natives gladly undertook to convey this message to Rauparaha, who, with Rangihaeata, a number of their followers, and Mr. Parkinson's men, were awaiting them at the appointed place of meeting when the party returned from their explorations beyond the Vernon Hills. Here the expected conference took place, Rauparaha calmly but firmly explaining his reasons for interference. He claimed the Wairau as his own, but since there was a dispute about it, he had, on his return from Nelson, placed the matter in the hands of Mr. Spain, who had appointed a day on which to hear the case, Rauparaha on his part undertaking that in the meantime none of his people should enter upon the land. The day appointed by Mr. Spain had passed, and fearing that, if the survey was finished before he adjudicated upon their claim, they would lose their land, they had determined to stop the proceedings. Rauparaha expressed himself as being still willing to abide by Mr. Spain's decision, but the survey must cease and the Europeans must leave, until such time as that judgment should be given. Mr. Tuckett vainly endeavoured to point out the hardship this course would impose upon the contractors and their men, who were dependent upon their work for their living. He also explained that he was expecting instructions from Captain Wakefield, and asked permission to remain until he heard from his superior.
His request for delay was met by a command to remove his tent to the boat, and, upon his refusing to obey, Rangihaeata burst into a violent passion, and, in a torrent of invective, reminded Mr. Tuckett of the warning he had given him in Nelson, ironically remarking that, if he was so fond of the Wairau, he (Rangihaeata) would bury him there. This insulting outburst was treated with studied contempt by the chief surveyor, who quietly rebuked Rangihaeata for his ungentlemanly behaviour, telling him that he would not converse with him until he mended his manners. While this brief altercation was proceeding, Rauparaha had remained silent, although he was evidently exercising a restraining influence upon his comrade. But he now advanced, and once more politely requested Mr. Tuckett to have his tent removed; but that gentleman still persisted in his right to remain, whereupon Rauparaha, becoming impatient, ordered some of his own people to carry out his behest, and in a few minutes the tent was struck and stowed away in the boat. Mr. Tuckett then deemed it unwise to offer further objection, and, together with the two chiefs, he agreed to go back to the pa.
It had been Mr. Tuckett's intention to embark for Nelson next morning, but in the night a south-easterly gale came up and blew for three days, causing such a surf on the bar that Rauparaha advised him not to attempt to cross it. During this compulsory stay, the chief was most profuse in his expressions of goodwill towards the Europeans, and by his fawning and obsequious manner created a feeling of revulsion in the minds of the Englishmen. Rangihaeata, on the other hand, left them severely alone, seeking neither favours nor intercourse of any kind, and, save on one occasion, his isolation was complete. That exception arose from the fact that one of the men reported that he had lost a handkerchief and a billhook, which he had seen in the possession of Rangihaeata's people. Mr. Tuckett at once approached the chief, and asked to have the property returned. His reply was that he had some bad men as well as good ones amongst his followers, with the sarcastic addition that perhaps Mr. Tuckett was in the same position; but that, as he had come to the Wairau to defend his own and not to thieve, if the surveyor could identify the man, he would have his property back; failing that, he could have utu instead. The billhook was soon found, and here the incident ended; but the impression it made upon Mr. Tuckett was that, if Rangihaeata was more violent than Rauparaha, he was up to this point certainly the more noble of the two.
As soon as the weather cleared, the chief surveyor prepared to take his departure, but, as the boat would not carry both passengers and baggage, it was finally decided that Messrs. Barnicoat and Parkinson should remain, while Messrs. Tuckett, Patchett, and Moline proceeded to Nelson, although the chiefs raised no objection to the whole party remaining until additional boats could be brought, or until they could be conveyed to one of the whaling stations at Port Underwood. By noon on the following day Mr. Tuckett and his companions had got well into Blind Bay, when they observed the Government brig Victoria under full sail. A gun was fired from the ship as a signal to board her. On doing so, they learned that the vessel had just left Nelson, and was proceeding to the Wairau with the police magistrate (Mr. Thompson), Captain Wakefield (the Company's agent), Captain England, J.P., Mr. Cotterell, and some of the would-be proprietors of the proposed settlement, as well as the chief constable, Mr. Maling, and twenty-four labouring men who had been sworn-in as special constables. The agent informed the chief surveyor that, after Mr. Cotterell had arrived at Nelson and made his report, it had been decided to proceed as soon as possible to the scene of operations, and arrest the chiefs on a charge of arson, a warrant having been granted by Messrs. Thompson, P.M., Captain Wakefield, Captain England, and A. McDonald, Esq., Justices of the Peace. Mr. Tuckett was naturally surprised and deeply grieved at this intelligence, and, in deprecation of the rash and impolitic step he informed Captain Wakefield of Rauparaha's interview with Mr. Spain, and of the chief's willingness to abide by the decision of the court. He further pointed out the great care observed by the natives not to interfere with any of the surveyors' property, or to injure the persons of any of their employees. He proceeded to argue that the men on board would not number one-half the strength of the natives then at the Wairau; and contrasted this numerical weakness with the threat made by the Captain at Nelson, that, if Rangihaeata interfered with the survey, he would come with three hundred constables to arrest him. His impression, therefore, was that the smallness of the party would inspire confidence in the minds of the natives rather than dread, and he strongly urged that, however satisfied the agent might feel about the result, prudence demanded that they should appear on the plain with such a force as would completely overawe the Maoris, and to which there would be no humiliation in surrendering. In support of his views, he handed to Captain Wakefield a letter which he had received from the Rev. Mr. Ironside on the day that he had met Mr. Cotterell at the bar, in which the missionary, ripe in experience of Maori feeling, and knowing how tenaciously they clung to their rights in landed property, ventured the opinion that, unless this dispute was most diplomatically handled, the result might be extremely serious.
Mr. Ironside, taking the missionary view of the Company's scheme of colonisation, expressed great anxiety lest a collision might arise out of the subject of the claims to land, which would eventually terminate in the extinction of the native tribes, as had been the case in other countries settled by Europeans. He urged upon Mr. Tuckett not to be precipitate in endeavouring to include the Wairau in the Nelson survey, informing him that the resident natives and Rauparaha were at issue about the land, to such an extent that the former, if left to themselves, would probably withdraw from the Wairau, and treat with the Nelson agent for the sale of it.
Captain Wakefield expressed himself deeply thankful for the counsel contained in Mr. Ironside's letter, and also for the advice tendered by Mr. Tuckett, with whose whole conduct he entirely acquiesced. So impressed was he with the force of the chief surveyor's arguments that he at once went into the cabin where Mr. Thompson was, and requested him to read Mr. Ironside's letter, stating that from it and other considerations urged by Mr. Tuckett he had come to the conclusion that it would be wiser to return to Nelson. Mr. Thompson was totally averse to turning back. He begrudged missing the opportunity of giving the natives what he called "a prestige for the law," and of showing the Government the correct way to deal with such troublesome fellows. At the same time he expressed the opinion that, if the authorities at Wellington had dealt with these chiefs as he had dealt with Ekawa at Massacre Bay, they would long ago have ceased to give annoyance. He also stated that, if they returned at that stage, they would simply be laughed at by the settlers, and he was not going to put himself in that undignified position. In his determination to go on Mr. Thompson was seconded by the Crown Prosecutor (Mr. Richardson), who begged that the expedition might not be given up, as he considered it was "only a lark"; and, in deference to the aggressive mood of the magistrate and the jocular anticipations of the lawyer, Captain Wakefield surrendered his better judgment. Mr. Tuckett, still apprehensive that disastrous consequences would follow if these unwise counsels prevailed, earnestly remonstrated with Mr. Thompson, taking up the attitude that he was exceeding his rights in proceeding to execute his warrant with an armed force. The magistrate admitted the correctness of Mr. Tuckett's premises, but hotly resented the assumption that he intended to use the force at all. He explained that he was not sure that he would land the men. Certainly he would not give out the arms or take the force into the presence of the natives until he had first exhausted every plausible means of getting the chiefs to submit themselves to trial on board the brig. Should they refuse to do so, which he did not expect, then he would investigate the charge on the spot, and afterwards decide whether he should call in the aid of the armed party or not. Had this plan of operations been strictly observed, much that afterwards happened might have been averted; but in no single particular did the magistrate follow his promised line of action, for as soon as the vessel arrived at Cloudy Bay, the men were supplied with fire-arms and landed at the mouth of the Wairau River.
On seeing the Government brig enter the bay, the Maoris had abandoned the old pa at the bar and retired further up the plain. Next morning the magistrate's band of special constables was ordered to get ready and go in pursuit. Perceiving that his worst fears were likely to be realised, and that the magistrate would not go without the armed force, Mr. Tuckett made a final appeal to Captain Wakefield, and offered to go himself and see Rauparaha, in company with the chief constable and the interpreter, if only the men bearing arms were allowed to remain where they were. To this suggestion the Captain readily agreed, and at once put the proposal before Mr. Thompson, who also consented, and ordered the chief constable to prepare himself for the journey; but when Mr. Maling announced himself ready to go, he presented such an armour-plated appearance that the chief surveyor absolutely refused to be seen in his company. He wore a cutlass at his side, a brace of pistols and a pair of handcuffs in his belt, while in his hand he carried a pair of heavy leg-irons. How he proposed to get Rauparaha down to the bar when he was both handcuffed and hobbled is not very clear, nor did he have time to explain. Mr. Tuckett at once drew attention to his accoutrements, and pointed out that the leg-irons would have an especially exasperating effect upon the natives; while, if he insisted upon carrying pistols, it would at least be judicious to conceal them, and so avoid the appearance of intimidation. The magistrate at once ordered that the irons should be discarded, but also intimated that he had changed his mind as to the mode of procedure, and that he had now determined that the whole force should participate in the arrest, a decision from which no amount of persuasion could induce him to deviate.