The Treaty of Waitangi; or, how New Zealand became a British Colony

by Thomas Lindsay Buick

For three days the Herald lay weather-bound, but on Tuesday the 9th the wind shifted to a more favourable quarter, enabling her to leave her anchorage in Sylvan Bay and move over to Ruapuke Island, the home of the greatest of all the Ngati-Tahu chiefs, Tu Hawaiki, more widely known as "Bloody Jack."[136] On nearing the land a boat manned by some natives and Europeans came off, and a Mr. Hesketh boarded the Herald and explained that they had been expecting her arrival for some time. He represented himself as the resident agent of Jones & Co., of Sydney, and being on intimate business relations with Tu Hawaiki volunteered to go ashore and bring him off that evening, leaving an English seaman, formerly in the employ of Captain Stewart, to pilot the frigate to an anchorage. Here she lay in proximity to a French and a Portuguese whaler, neither of which had enjoyed a successful season:

The native village, being at some distance from an anchorage ground Mr. Hesketh did not return until late in the evening. The chief Tooiaki (Tu Hawaiki) came on board in the full dress staff uniform[137] of a British aide-de-camp, with gold lace trousers, cocked hat and plume, in which he looked extremely well, and his behaviour at Captain Nias's table, when he took tea, showed that the examples he had seen had not been lost upon him. He was also accompanied by a native orderly-sergeant dressed in a corresponding costume. The chief spoke a little English, and appeared to be aware of the nature of the treaty, but which I thought it necessary to have read and explained to him in the presence of Mr. Hesketh, and he signed it without hesitation.[138]

He said he had at his village twenty men dressed and in training as British soldiers, and was very anxious that Captain Nias should permit them to come on board the following morning and see the marines go through the manual and platoon exercise, which he (the Captain) kindly acceded to. The chief then gave me a paper written in English which he wished me to sign and affirm. It was a declaration that the Island of Ruapuke was his property and that of his tribe, to different individuals to whom he had allotted portions of it. Not wishing that he should conceive that any deception was intended on our part I wrote on the back of the document, "I have seen this paper but am not prepared to give an opinion, or any information on the purport of it. The treaty guarantees the full and exclusive possession of their lands and other properties to the natives." No mention having been made in this document to the title to the Middle Island, although this chief styles himself the principal, I am inclined to suppose it is claimed by some Europeans, I believe by a Mr. Weller, of Sydney. On the chief taking leave, I told him I would return his visit on the morrow, which I accordingly did, accompanied by Lieutenant Hewitt, Royal Marines, and Captain Stewart, to whom the chief was known, Mr. Williams, and an officer from the ship in charge of the boats.

After being carried through the surf by some natives, we were received by the chief in the same scarlet uniform he had worn the day before, and by the sergeant who then accompanied him, at the head of six soldiers dressed in British uniforms, without hats or shoes. The chief took us to his cottage, a weatherboard hut, and offered us rum, of which he appeared to have a good supply, but Mr. Hesketh, to their credit, states that although they are not absolutely temperance men, they seldom get drunk. I was afterwards introduced to his son, a fine boy of about seven years of age, of whom he appears justly proud. The child was dressed in a very becoming manner, and has six toes on each of his feet, which his father seemed to exhibit with much satisfaction. Rauparaha, who is a great warrior, and the mortal enemy of this tribe, is similarly gifted with this unusual addition to his feet. I also received from him a memorandum respecting the register of a small craft between 25 and 30 tons, building at Mauraki (Moeraki), which paper I beg herewith to forward.

I was very sorry to learn from the chief that a British subject, named M'Gregor, who had been residing some years in this neighbourhood, had suddenly disappeared with a small craft, taking with him some of this chief's women and kookis (slaves). The vessel is without a name or register, and Captain Nias is in hopes we may be able to meet with her. M'Gregor is reported to be a convict escaped from Van Dieman's Land, and his conduct made the English residing here for some time apprehensive that the chief might retaliate on them and insist on a compensation. An Englishman, a carpenter residing at Otakou (Otago) I hear has been shot by a native when in a state of intoxication, but whether in connection with the above affair or otherwise, I could not satisfactorily ascertain.

Knowing that Captain Nias was anxious to proceed on his voyage, we were obliged to shorten our visit. The chief and his son came off with us, and the sergeant and six of his soldiers, with two other chiefs, came off in two whale boats, a third following with natives bringing potatoes, etc., to the ship. The soldiers of the chief and natives having arranged themselves on deck, the Marines went through the manual and platoon exercise, as had been promised, and afterwards, at my request, Captain Nias permitted a few sailors to go through the sword exercise, which, as I had anticipated, pleased and interested them very much, particularly the "attack" and "defence," the chief frequently calling to his followers to pay attention and see how it was performed.

Whilst the ship was getting under way they took their departure, two other chiefs[139] having also been permitted to sign at the request of Tooiaki (Tu Hawaiki). This influential chief is one of the individuals, who (similarly with Rauparaha in Cook Strait) have had sufficient address to gain the ascendency over the chiefs of the neighbouring tribes, without any claim from circumstance of birth.

Such is Major Bunbury's own account of his historic meeting with this singular native, whom he left upon his lonely island in the midst of a windy strait struggling between his native barbarism and an inarticulate craving for civilisation. On the 13th the Herald reached the Otago Heads, but so late in the evening that there was only time to obtain the signatures of two chiefs who resided near the entrance of the harbour.[140] Taiaroa was absent at Moeraki, and his son was so far inaccessible that the limits of daylight would not permit of his being reached. The boat, therefore, returned to the ship, and on June 16 she dropped anchor in Cloudy Bay, then the most important centre of European activity in the South Island.

Seven whalers were lying at anchor when the Herald arrived, and the strange admixture of humanity—the venturesome, quarrelsome, quasi-criminal collection—which went to make up a whaling community was forcibly impressed upon Major Bunbury when he landed at Guard's Cove in the evening. The only chief of importance whom he met was old Nohorua, the elder brother of Te Rauparaha, who had with him three younger men, his nephews. Their reception of the Major was cordial enough, but when the subject of the treaty was broached to them they resolutely declined to attach their signatures to it, or to countenance it in any way. This attitude was adopted under the distinct impression that if they signed the document their lands would be taken from them, and considering that their only experience of deeds had been with the Sydney land sharks[141] the reservation was, to put it mildly, a natural one.

Not having been successful in securing the immediate concurrence of Nohorua, Major Bunbury left him in the hope that he would fulfil his reluctant promise to visit the ship on the following day, by which time he would have had the opportunity—dear to every Maori—of holding a korero upon the novel suggestion. Early next morning the Major, Mr. Williams, and Captain Stewart set off for one of the neighbouring coves, and here they met with greater success, the chiefs signing without any hesitation when the principles of the treaty had been explained to them. Amongst the various natives whom they encountered was a young chief whom Major Bunbury has called Maui Pu, who, having visited Hobart Town in the warship Conway, had sufficient command of English to converse freely with the Europeans. His sympathies were at once enlisted in support of the treaty, and when the difficulties met with at Guard's Cove were mentioned he expressed no surprise, as the natives had no conception of a deed that did not mean the sacrifice of their land. He, however, offered to go with them and assist at the second interview with Nohorua, and so adroitly did he explain the purport of the second Article that the old chief's objections were at length so far overcome that he agreed to sign provided his signature was witnessed by his European son-in-law, Joseph Toms,[142] a whaler who had interests both here and at Porirua.