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An Epitome of Official Documents Relative to Native Affairs and Land Purchases in the North Island of New Zealand

[No. 9.]

No. 9.

His Excellency the Lieutenant-Governor to His Excellency Sir George Gipps.

Bay of Islands.—Narrative of Proceedings on Arrival in New Zealand. H.M.S. "Herald," Bay of Islands, 5th February, 1840.

Sir,—

I have the honour to acquaint your Excelleney that immediately on my arrival here I circulated notices printed in the Native language that on this day I would hold a meeting of the chiefs of the Confederation, and of the high chiefs who had not yet signed the Declaration of Independence, for the purpose of explaining to them the commands I had received from Her Majesty the Queen, and of laying before them the copy of a Treaty which I had to propose for their consideration.

Accordingly a vast number of chiefs, with a multitude of followers, crowded in from every quarter, and at 12 this day they assembled under spacious tents, decorated with flags, which had been previously erected at Waitangi by the direction of Captain Nias, of this ship.

First Levée and Native Meeting held.

Preparatory to the meeting, I had appointed a levée to be held at Mr. Busby's house at 11 o'clock, to which I invited all the principal European inhabitants, the members of the Church of England and Catholic Missions, and all the officers of this ship, and was highly gratified to find that nearly every one, either here or in the neighbourhood, favoured me with their attendance.

Soon after 12 I proceeded to the tent, supported by Captain Nias and his officers, Mr. Busby (the late Resident), the members of the Church Missionary Society, the French bishop, the officers of the Government, and all the principal European inhabitants, &c., in procession, and took my seat on a raised platform, surrounded by the gentlemen in the same order as they had accompanied me. In the centre of the area within the tents, the chiefs seated themselves upon the ground, leaving a space round them for the Europeans. The whole spectacle produced a most imposing effect.

Treaty of Waitangi read and discussed.

The business of the meeting then commenced by my announcing to the chiefs the object of my mission, and the reasons that had induced Her Majesty to appoint me. I explained to them in the fullest manner the effect that might be hoped to result from the measure, and I assured them in the most fervent manner that they might rely implicitly on the good faith of Her Majesty's Government page 15in the transaction. I then read the Treaty a copy of which I have the honour to enclose; and, in doing so, I dwelt on each article, and offered a few remarks explanatory of such passages as they might be supposed not to understand. Mr. H. Williams, of the Church Missionary Society, did me the favour to interpret, and repeated in the Native tongue, sentence by sentence, all I said.

When I had finished reading the Treaty, I invited the chiefs to ask explanations on any point they did not comprehend, and to make any observations or remarks on it they pleased. Twenty or thirty chiefs addressed the meeting, five or six of whom opposed me with great violence, and at one period with such effect, and so cleverly, that I began to apprehend an unfavourable impression would be produced. At this crisis, the Hokianga chiefs, under Nene and Patuone, made their appearance, and nothing could have been more seasonable. It was evident, from the nature of the opposition, that some underhand influence had been at work. The chiefs Rewa and Ihakara, who are followers of the Catholic bishop, were the principal opposers, and the arguments were such as convinced me they had been prompted. Rewa, while addressing me, turned to the chiefs and said, "Send the man away; do not sign the paper: if you do, you will be reduced to the condition of slaves, and be obliged to break stones for the roads. Your land will be taken from you, and your dignity as chiefs will be destroyed."

At the first pause Nene came forward and spoke with a degree of natural eloquence that surprised all the Europeans, and evidently turned aside the temporary feeling that had been created He first addressed himself to his own countrymen, desiring them to reflect on their own condition—to recollect how much the character of New Zealanders had been exalted by their intercourse with Europeans, and how impossible it was for them to govern themselves without frequent wars and bloodshed; and he concluded his harangue by strenuously advising them to receive us, and to place confidence in our promises. He then turned to me and said, "You must be our father. You must not allow us to become slaves; you must preserve our customs, and never permit our lands to be wrested from us." One or two other chiefs who were favourable followed him in the same strain; and one reproached a noisy fellow named Kitiki, of the adverse party, with having spoken rudely to me. Kitiki, stung by the remarks, sprang forward and shook me violently by the hand; and I received the salute apparently with equal ardour. This occasioned among the Natives a general expression of applause, and a loud cheer from the Europeans, in which the Natives joined; and thus the business of the meeting closed, further consideration of the question being adjourned to Friday, at 11 o'clock, leaving, as I said, one clear day to reflect on my proposal.

Second Meeting with the Native Chiefs.—Treaty signed,

6th February, 1840.

At 10 o'clock this morning it was announced to me that the chiefs, being impatient of further delay, and perfectly satisfied with the proposals I had made them, were desirous at once to sign the Treaty, that they might return to their homes. The further consideration of the question had been adjourned from, the 5th to the 7th; but to have refused this request would probably have rendered nugatory the whole proceeding by the dispersion of the tribes before they had attested their consent by their signatures. I therefore assembled the officers of the Government, and, with Mr. Busby and the gentlemen of the Missionary body, I proceeded to the tents, where the Treaty was signed in due form by forty-six head chiefs, in presence of at least five hundred of inferior degree.

As the acquiescence of these chiefs, twenty-six of whom had signed the Declaration of Independence, must be deemed a full and clear recognition of the sovereign rights of Her Majesty over the northern parts of this Island, it will be announced by a salute of twenty-one guns, which I have arranged with Captain Nias shall be fired from this ship to-morrow.

In the course of this proceeding I have courted the utmost publicity, and I have forborne to adopt even the customary measure of propitiating the consent of the chiefs by presents or promises; and not until the Treaty had been signed did I give them anything. To have sent them home without acknowledgment would have been a violation of their customs, and would have given offence; I therefore distributed amongst them a few articles of trifling value before they separated.

It is my intention next week to visit Hokianga, and I hope to obtain the adherence of such of the chiefs of that district as were not present at Waitangi.

I have, &c.,

W. Hobson.

His Excellency Sir George Gipps, &c.

Treaty of Waitangi

[i roto i te reo Māori]

Her Majesty Victoria, Queen of the United Kingdom of Great Britain and Ireland, regarding with her royal favour the Native chiefs and tribes of New Zealand, and anxious to protect their just rights and property, and to secure to them the enjoyment of peace and good order, has deemed it necessary, in consequence of the great number of Her Majesty's subjects who have already settled in New Zealand, and the rapid extension of emigration both from Europe and Australia, which is still in progress, to constitute and appoint a functionary properly authorized to treat with the aborigines of New Zealand for the recognition of Her Majesty's sovereign authority over the whole of any part of those Islands. Her Majesty therefore, being desirous to establish a settled form of civil government, with a view to avert the evil consequences which must result from the absence of the necessary laws and institutions, alike to the Native population and to her subjects, has been graciously pleased to empower and authorize me, William Hobson, a Captain in Her Majesty's Royal Navy, Consul and Lieutenant-Governor over such parts of New Zealand as may be, or hereafter shall be, ceded to Her Majesty, to invite the confederated and independent chiefs of New Zealand to concur in the following articles and conditions:—

Article the First.

The chiefs of the Confederation of the United Tribes of New Zealand, and the separate and independent chiefs who have not become members of the Confederation, cede to Her Majesty the Queen of England, absolutely and without reservation, all the rights and powers of sovereignty which the said page 16Confederation or individual chiefs respectively exercise or possess or may be supposed to exercise or possess, over their respective territories, as the sole sovereigns thereof.

Article the Second.

Her Majesty the Queen of England confirms and guarantees to the chiefs and tribes of New Zealand, and to the respective families and individuals thereof, the full, exclusive, and undisturbed possession of their lands and estates, forests, fisheries, and other properties which they may collectively or individually possess, so long as it is their wish and desire to retain the same in their possession. But the chiefs of the United Tribes, and the individual chiefs, yield to Her Majesty the exclusive right of pre-emption over such lands as the proprietors thereof may be disposed to alienate, at such prices as may be agreed upon between the respective proprietors and persons appointed by Her Majesty to treat with them on that behalf.

Article the Third.

In consideration thereof, Her Majesty the Queen of England extends to the Natives of New Zealand her royal protection, and imparts to them all the rights and privileges of British subjects.

W. Hobson.

Now therefore, we, the chiefs of the Confederation of the United Tribes of New Zealand, being assembled in congress at Victoria, in Waitangi, and we, the separate and independent chiefs of New Zealand, claiming authority over the tribes and territories which are specified after our respective names, having been made fully to understand the provisions of the foregoing treaty, accept and enter into the same in the full spirit and meaning thereof.

In witness whereof we have attached our signatures or marks at the places and dates respectively specified.

Done at Waitangi, this 6th day of February, in the year of our Lord one thousand eight hundred and forty.

[512 signatures.]

Maori Version.

[ko te tohutoro i roto i te reo Pākehā]

Ko Wikitoria, te Kuini o Ingarani, i tana mahara atawai ki nga rangatira me nga hapu o Nu Tirani, i tana hiahia hoki kia tohungia ki a ratou o ratou rangatiratanga, me to ratou wenua, a kia mau tonu hoki te rongo ki a ratou me te ata noho hoki, kua wakaaro ia he mea tika kia tukua mai tetahi rangatira hei kai wakarite ki nga tangata Maori o Nu Tirani. Kia wakaaetia e nga rangatira Maori te kawanatanga o te Kuini, ki nga wahi katoa o te wenua nei me nga motu. Na te mea hoki he tokomaha ke nga tangata o tona iwi kua noho ki tenei wenua, a e haere mai nei.

Na, ko te Kuini e hiahia ana kia wakaritea te Kawanatanga kia kaua ai nga kino e puta mai ki te tangata maori ki te pakeha e noho ture kore ana.

Na, kua pai te Kuini kia tukua ahau, a Wiremu Hopihona, he Kapitana i te Roiara Nawe, hei Kawana mo nga wahi katoa o Nu Tirani, e tukua aianei amua atu ki te Kuini; e mea atu ana ia ki nga rangatira o te Wakaminenga o nga Hapu o Nu Tirani, me era rangatira atu, enei ture ka korerotia nei.

Ko te Tuatahi.

Ko nga rangatira o te Wakaminenga, me nga rangatira katoa hoki, kihai i uru ki taua Wakaminenga, ka tuku rawa atu ki te Kuini o Ingarani ake tonu atu te kawanatanga katoa o o ratou wenua.

Ko te Tuarua.

Ko te Kuini o Ingarani ka wakarite ka wakaae ki nga rangatira ki nga hapu ki nga tangata katoa o Nu Tirani, te tino rangatiratanga o o ratou wenua, o ratou kainga, me o ratou taonga katoa. Otiia ko nga rangatira o te Wakaminenga, me nga rangatira katoa atu, ka tuku ki te Kuini te hokonga o era wahi wenua e pai ai te tangata nona te wenua, ki te ritenga o te utu e wakaritea ai e ratou, ko te kai hoko e meatia nei e te Kuini hei kai hoko mona.

Ko te Tuatoru.

Hei wakaritenga mai hoki tenei mo te wakaaetanga ki te kawanatanga o te Kuini. Ka tiakina e te Kuini o Ingarani nga tangata Maori katoa o Nu Tirani. Ka tukua ki a ratou nga tikanga katoa rite tahi ki ana mea ki nga tangata o Ingarani.

William Hobson,
Consul and Lieutenant-Governor.

Na, ko matou, ko nga Rangatira o te Wakaminenga o nga Hapu o Nu Tirani, ka huihui nei ki Waitangi. Ko matou hoki ko nga rangatira o Nu Tirani, ka kite nei i te ritenga o enei kupu, ka tangohia ka wakaaetia katoatia e matou. Koia ka tohungia ai o matou ingoa o matou tohu.

Ka meatia tenei ki Waitangi, i te ono o nga ra o Pepuere, i te tau kotahi mano e waru rau e iwa tekau o to tatou Ariki.