The social and political atmosphere was still in this condition of ferment when, towards the close of the year, Captain Fitzroy, the newly appointed Governor, arrived. It was not, however, until February that he was able to give his undivided attention to the adjudication of matters connected with the massacre; but he then spared no pains to make himself master of all the facts upon which a decision was to be based. He first studied the merits of the European case, and then journeyed to Waikanae, where he landed on February 12, 1844, with his suite, consisting of Sir Everard Home, Mr. Spain, the officers of the North Star, Major Richmond and Mr. Symonds, the Wellington magistrates, and Mr. George Clarke, the Sub-Protector of the aborigines. There he met Rauparaha and Rangihaeata with upwards of four hundred of their tribe, congregated for the korero in an enclosure in the centre of the pa, the Governor being provided with a chair, Rauparaha sitting by his side. His Excellency, addressing the assembled natives through Mr. Clarke, said:—
"I have heard from the English all that happened at the Wairau, and it has grieved my heart exceedingly. I now ask you to tell me your story so that I may compare the two and judge fairly. When I have heard your account of that dark day, I will reflect and then tell you what I shall do. The bad news I have just heard about killing the English after they had ceased fighting, and had trusted to your honour, has made my heart very dark, has filled my mind with gloom. Tell me your story that I may compare it with the English, and know the whole truth. When I first heard of the death of my friends at the Wairau, I was very angry and thought of hastening here with many ships of war, with many soldiers, and several fire-moved ships (steamers). Had I done so your warriors would have been killed, your canoes would have been all taken and burnt, your houses and your pas would have all been destroyed, for I would have brought with me from Sydney an irresistible force. But these were hasty, unchristian thoughts: they soon passed away. I considered the whole case. I considered the English were very much to blame even by their own account, and I saw how much you had been provoked. Then I determined to put away my anger and come to you peaceably. Let me hear your story."
Rauparaha then arose, and after being exhorted by several of his tribe to speak out that all might hear, he began in slow and measured tones to narrate their land troubles with the Company in the Wellington settlement, and then he passed on to the Wairau. This land, he declared, was taken away by Thompson and Captain Wakefield, and he described the visit of Rangihaeata and himself to Nelson to protest against its occupancy; nor did he omit to mention the threats then used towards them by Captain Wakefield. Then he told how they had gone over and stopped the survey, and brought Messrs. Cotterell and Barnicoat down to the bar, and how they had afterwards met Mr. Tuckett, and likewise refused him permission to remain.
TAUPO PA, PORIRUA.
Where Te Rauparaha was captured.
"After Mr. Tuckett had gone to Nelson," said Rauparaha, "we continued our planting, till one morning we saw the Victoria (the Government brig). Then were our hearts relieved, for we thought Mr. Spain and Mr. Clarke had come to settle the question of our lands. Being scattered about on the different places on the river, we took no further notice, expecting a messenger to arrive from Mr. Spain; but a messenger came up to say that it was an army of English, and that they were busily engaged in cleaning their arms and fixing the flints of their guns. They met Puaha, and detained him prisoner. They said, 'Where are Rauparaha and Rangihaeata?' Puaha said, 'Up the river.' After Puaha and Rangihaeata arrived, we consulted as to what we should do. I proposed going into the bush, but they said 'No, let us remain where we are: what have we done that we should be thus beset?' The Europeans slept some distance from us, and, after they had breakfasted, came on towards us in two boats. We remained on the same spot without food. We were much alarmed. Early in the morning we were on the look-out, and one of the scouts, who caught sight of them coming round a point, called out, 'Here they come! here they come!' Our women had kindled a fire and cooked a few potatoes that we had remaining, and we were hastily eating them when they came in sight. Cotterell called out, 'Where is Puaha?' Puaha answered, 'Here I am, come here to me.' They said again, 'Where is Puaha?' Puaha again saluted them. Cotterell then said, 'Where is a canoe for us to cross?' Thompson, Wakefield, and some other gentlemen crossed over with a constable to take me, but the greater number stopped on the other side of the creek. Thompson said, 'Where is Rauparaha?' I answered, 'Here.' He said, 'Come, you must come with me.' I replied, 'What for?' He answered, 'To talk about the houses you have burnt down.' I said, 'What house have I burned down? Was it a tent belonging to you that you make so much ado about? You know it was not; it was nothing but a hut of rushes. The materials were cut from my own ground; therefore I will not go on board, neither will I be bound. If you are angry about the land, let us talk it quietly over. I care not if we talk till night and all day to-morrow; and when we have finished, I will settle the question about the land!' Mr. Thompson said, 'Will you not go?' I said 'No,' and Rangihaeata, who had been called for, and who had been speaking, said so too. Mr. Thompson then called for the handcuffs and held up the warrant, saying, 'See, this is the Queen's book, this is the Queen to make a tie, Rauparaha.' I said, 'I will not listen either to you or your book.' He was in a great passion; his eyes rolled about and he stamped his feet. I said I would rather be killed than submit to be bound. He then called for the constable, who began opening the handcuffs and advancing towards me. Mr. Thompson laid hold of my hand. I pushed him away, saying, 'What are you doing that for?' Mr. Thompson then called out 'Fire!' The Europeans began to cross over the creek, and as they were crossing they fired one gun. The women and children were sitting round the fire. We called out, 'We shall be shot,' After this one gun, they fired a volley, and one of us was killed, then another, and three were wounded. We were then closing fast; the pakehas' guns were levelled at us. I and Puaha cried out, 'Friends, stand up and shoot some of them in payment.' We were frightened because some of them were very close to us. We then fired; three of the Europeans fell. They fired again and killed Rongo, the wife of Rangihaeata. We then bent all our energy to the fight, and the Europeans began to fly. They all ran away, firing as they retreated; the gentlemen ran too. We pursued them and killed them as we overtook them. Captain Wakefield and Mr. Thompson were brought to me by the slaves, who caught them. Rangihaeata came running to me, crying out, 'What are you doing, I say?' Upon which some heathen slaves killed them at the instigation of Rangihaeata; neither Puaha nor the Christian natives being then present. There was no time elapsed between the fight and the slaughter of the prisoners. When the prisoners were killed, the rest of the people were still engaged in the pursuit, and before they returned they were all dead. I forgot to say that during the pursuit, when we arrived at the top of the hill, Mr. Cotterell held up a flag and said, 'That is enough, stop fighting!' Mr. Thompson said to me, 'Rauparaha, spare my life.' I answered, 'A little while ago, I wished to talk to you in a friendly manner, and you would not; now you say, 'Save me,' I will not save you. It is not our custom to save the chiefs of our enemies. We do not consider our victory complete unless we kill the chiefs of our opponents. Our passions were much roused, and we could not help killing the chiefs."
At the conclusion of Rauparaha's address, Captain Fitzroy desired time to reflect upon what he had just heard, and, at the expiration of half-an-hour, he announced his decision as follows:—
"Now I have heard both sides, I have reflected on both accounts, and I am prepared to give my judgment. In the first place, the English were wrong; they had no right to build houses upon lands to which they had not established their claim—upon land the sale of which you disputed; on which Mr. Spain had not decided. They were wrong in trying to apprehend you, who had committed no crime. They were wrong in marking and measuring your land in opposition to your repeated refusal to allow them to do so until the Commissioner had decided on their claim. Had you been Englishmen, you would have known that it was wrong to resist a magistrate under any circumstances, but not understanding English law, the case is different. Had this been all, had a struggle caused loss of life in the fight—wrong and bad as it would have been to fight in the sight of God—I could not have blamed you so much as the English. The very bad part of the Wairau affair—that part where you were very wrong—was the killing of the men who had surrendered, who trusted to your honour as chiefs. Englishmen never kill prisoners; Englishmen never kill men who have surrendered. It is the shocking death of these unfortunate men that has filled my mind with gloom, that has made my heart so dark, that has filled me with sorrow; but I know how difficult it is to restrain angry men when their passions are aroused. I know you repent of your conduct, and are now sorry that those men were killed. As the English were very greatly to blame, as they brought on and began the fight, and as you were hurried into crime by their misconduct, I will not avenge their death."[172]
In arriving at this determination, Captain Fitzroy may have been actuated to some extent by considerations of expediency; for, had he decided in any other way, the reprisals of the English would undoubtedly have created a war with the natives, which the Government was not in a position at that juncture to carry to a successful issue. Therefore, to have provoked hostilities with Rauparaha would have meant the obliteration of all the settlements before the necessary reinforcements could have arrived. At the same time, there was a large measure of justice in the course he chose to adopt, which, in the calmer judgment of to-day, must receive the endorsement of all impartial men, as it did that of Lord Stanley, the Secretary of State for the Colonies, immediately the Governor's decision was known to the Home authorities. In his despatches on the subject, Lord Stanley made it clear that, in his opinion, Mr. Thompson and Captain Wakefield had needlessly violated the rules of English law, the maxims of prudence, and the principles of justice; and having thus provoked an indefensible quarrel with a barbarous tribe, they could not reasonably complain at the barbarities practised in the subsequent conflict. He was therefore satisfied that, in declining to make the Wairau massacre a subject for criminal proceedings, the Governor had taken a wise, though undoubtedly bold, decision. As might have been expected, the action of Captain Fitzroy in refusing to arrest the two chiefs created a tempest of ill-will against him amongst the settlers, but, on the other hand, the Maoris were overjoyed at the prospect of once more possessing the friendship of the pakeha, and instantly resumed a sociable demeanour towards the colonists. This feeling, upon the advent of Captain Grey as Governor, was gradually reciprocated by the Europeans, who in time came to recognise the folly of their fears, and the absurdity of their hostile attitude. In this way, the startling nature of the catastrophe, which had paralysed the efforts of the New Zealand Company and thrown a pall over the settlement of the whole Colony, began to lose its deadly effect, and the splendid scheme of setting a new gem in the British Crown was rescued from the disaster which threatened it.
[154] On the 13th June, Captain Wakefield wrote to his brother from Nelson: "The magistrates have granted a warrant, and Thompson, accompanied by myself, England, and a lot of the constables, are off immediately in the Government brig to execute it. We shall muster about sixty, so I think we will overcome these travelling bullies."