On the island eminence, where the sovereignty of the Queen had been declared, the original of this document was buried, enclosed in a bottle—a silent witness to be produced in the contingency of international complications, which were then believed to be by no means remote.

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:

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.

Though there is no definite information on the point, it is probable that Toms had added his persuasion to those of Maui Pu, as Nohorua's reason for insisting upon the above stipulation discloses the justice of his mind and his desire to fix the responsibility beyond any chance of evasion: "If my grandchildren lose their land, their father must share the blame." The three younger men having no son-in-law on whom to shift the responsibility still postponed the important step until they were aboard the ship.

On returning to the Herald there was a considerable gathering of chiefs awaiting the treaty party, and with the exception of Nohorua's nephews all expressed their willingness to subscribe to the terms of the compact. Not so these young gentlemen, who still held aloof. For their reservation, however, the wife of one of them was anxious to compensate, by demanding the privilege of signing the treaty. She claimed to be the daughter of the great Te Pehi, who was caught in his own trap at Kaiapoi in 1829, and when Major Bunbury politely but firmly declined to permit her the honour, she gave way to a fit of anger, and in a torrent of invective expressed her opinions concerning the Pakeha in general, and Major Bunbury in particular, with a freedom that would have been painful had all her observations been clearly understood.

As an evidence of the persistency with which these people had been harassed about their lands, and the jealousy with which they sought to preserve this class of property, it was noted that they all firmly declined to receive the presents[143] which it had now become customary to offer, lest by some quibble it might be construed into a payment for its surrender, and in this attitude they persisted until they had been repeatedly assured to the contrary.

The Rev. Henry Williams having visited Queen Charlotte Sound during the course of his Southern Mission and secured the signatures of the chiefs there, Cloudy Bay thus became the last port in the Middle Island at which the Herald could profitably call. Under these circumstances Major Bunbury consulted with Captain Nias, and they were agreed that it would be advisable to at once proclaim the Queen's authority over the Island as the most effectual means of preventing further dissensions amongst the natives and Europeans.

This resolution was not hurriedly arrived at, for although many important signatures had now been obtained the whole position was so hedged about with intricately interwoven interests that Major Bunbury felt it was something akin to cutting the Gordian knot to take the contemplated step without further consulting the Lieutenant-Governor. Yet view the matter as he would, there appeared no simpler way, for there was every reason to believe that delay would only breed new difficulties, by suspending the establishment of political authority, and by affording other powers time to develop their embryonic claims. The presence, too, of so many vessels at anchor in the harbour seemed to lend opportunity to the occasion, for with their co-operation it was possible to render the declaration of Her Majesty's sovereignty more solemn and imposing, and where it was desired to impress the native mind Major Bunbury realised the advantage of pressing to his service the assistance of this additional theatrical touch.

The decision come to by the Major and Captain Nias was conveyed to the natives while they were still on board, and whether or not they were seized of all that the ceremony involved, they entered with considerable enthusiasm into the spirit of the occasion.

In order to invest the intended declaration with becoming dignity the marines were landed on the little island on which was situated the Horahora-Kakahu pa. There a temporary flagstaff was erected and standing at the foot of it at 2 P.M. Major Bunbury read to the assembled people the following Declaration of Sovereignty.

DECLARATION OF SOVEREIGNTY OVER
TAVAI POENAMMOO (TE WAI-POUNAMU)

The reading of the Proclamation done, the Union Jack was run up by Captain Nias, and the guns of the Herald began to boom forth the Royal Salute. The yards of the frigate were manned, and the cheers of those grouped round the flagstaff were answered by those on board the man-of-war, the echoes from the surrounding hills being reinforced by the approving shouts of the natives.

The all-important step having now been taken and received with local approbation, the Herald weighed anchor and sailed for Kapiti[144]. Two days later (June 19), she arrived under the shadow of Te Rauparaha's home. By a fortunate circumstance the great chief, whom Major Bunbury had special instructions to see, was at that moment entering his canoe, preparatory to making an excursion to the Island of Mana. As the Herald's boat was proceeding to the shore the Queen's Commissioner and the chief met mid way, the meeting being of the most cordial nature. Te Rauparaha left his own canoe "in lordly decoration the lordliest far," and returned on board with Major Bunbury in the ship's boat. Here the proceedings of the Rev. Henry Williams were related by the chiefs—how he had explained the treaty, obtained Te Rauparaha's signature, and presented him with the much-prized blanket.

On enquiry being made by Major Bunbury for Te Rangihaeata and Te Hiko, he was informed that both these warriors were at Mana. As this Island lay directly in the route to Port Nicholson, the Herald was put about and her course shaped towards the south. Under a fresh wind the vessel was soon abreast of Mana. The chief and Mr. Williams accompanied Major Bunbury on shore, where they found Te Rangihaeata but Te Hiko was absent on an expedition to the mainland.

No record appears to have been preserved of the negotiations which followed between the representative of the Crown and the two leaders of the Ngati-Toa tribe. Major Bunbury contents himself with informing us that "the chief Rangihaeata, after some time, returned with us on board, accompanied by Rauparaha, when both signed the treaty."

The importance of their discussion is, however, somewhat diminished by the fact that the elder chief had already signed the treaty under the persuasions of the Rev. Henry Williams, but their questions, which were certain to have been shrewd and searching, would have been interesting as revealing their mental attitude towards the proposed innovation. There is a widespread impression, founded upon equally widespread prejudice, that both men were thoroughly insincere[145] when they subscribed to the terms of the treaty, and this view is encouraged by the fact that at this time they stood less in need of British protection than any other chiefs of the native race. They were indeed masters of all the territory they claimed. Their immediate enemies had been defeated and crushed, their powerful foes were far distant. There was a gun in the hand of their every warrior, and solidarity in the ranks of their every hapu. So situated they had less to gain by ceding their sovereign rights than others had. Neither is it to be supposed that the advantages of their position were not apparent to themselves, for with their gifts of military command, they combined a state-craft that was of quite an exceptional order. If political considerations entered into the transaction at all, it is more than likely that a presentiment of impending trouble with the New Zealand Company was the governing influence in securing their adherence to the policy of the Crown, and in the light of subsequent events their fears were not unfounded—their foresight was almost prophetic.

While on shore at Mana, the protection of Major Bunbury was solicited by a section of the whaling population against the alleged encroachments of the Maori chiefs in general and Te Rangihaeata in particular. Though clamorous for justice, they were unable to formulate any specific charges against the chief; and after such investigation as was possible under the circumstances, the Major came to the conclusion that the accusers were a set of "drunken, lawless vagabonds," and that so far from their having any just grounds of complaint against Te Rangihaeata, the chief in all probability would have more reason to feel aggrieved towards them.

The Herald's course was now directed to Port Nicholson, and arriving there next day (20th) she anchored inside the Heads, the wind and tide having failed her at a critical moment. Major Bunbury at once left the ship and pulled towards the Thorndon beach, where much to his surprise on landing, he met Mr. Shortland. The presence of Lieutenant Shortland at Port Nicholson at this juncture requires some explanation. Shortly after the departure of Major Bunbury from the Bay of Islands, copies of the New Zealand Gazette, a paper published by the colonists at Port Nicholson, reached the Lieutenant-Governor, and from the columns of this journal, as well as from other well-authenticated sources, he learned that the settlers had set up a system of Local Government consisting of a Council, over which Colonel Wakefield presided, and a bench of Magistrates, who were attempting to levy taxes, and to enforce punishments for breaches of laws enacted by their self-constituted authority.[146]

To this latter tribunal on April 14 came a Mr. Wade, pleading for protection against the violence of Captain Pearson of the brig Integrity, his allegation being that this rude seaman had not only assaulted him, but threatened to throw him overboard. The law, such as it was, was immediately set in motion, the Captain was arrested and haled before Major Baker, who held the post of District Magistrate. To his other supposed offences, Pearson now added the more heinous one of refusing to recognise the jurisdiction of the Court. He defied the complainant to proceed with his charge, and dared the Magistrate to convict him. For this exhibition of independence he was immediately committed by the irate Magistrate, who could brook no such contempt for his brief authority.

On hearing of the fate of their Captain, the crew of the Integrity flew to arms and pulled to the rescue, but the settlers were loyal to the law and repulsed them. In view of this belligerent attitude on the part of his shipmates, it was deemed safer to incarcerate the recalcitrant Captain on board one of the other ships lying in the harbour, whither he was conveyed, but it is said, "owing to the culpable negligence of the constable in charge," he was permitted to escape.

While the authorities were foolishly dreaming that their victim was safely under lock and key, the Integrity sailed for the Bay of Islands, where Captain Pearson reported, no doubt with advantages, to the Lieutenant-Governor that the settlers at Port Nicholson were "a turbulent set of rebels who were seeking to establish a republic."

The story of the indignant Captain took Governor Hobson completely by storm, and after satisfying himself by reading the latest copies of the New Zealand Gazette[147] that it had some foundation in fact he developed a state of anxiety not far removed from panic. It did not take him long, however, to determine how he should act in the emergency.

In the absence of any legal authority to advise him he rather absurdly interpreted the proceedings of the New Zealand Company as acts of high treason, and within an hour had ordered the officer commanding the troops to detach thirty men of the 80th Regiment for duty at Port Nicholson. He also, two days later, dictated a Proclamation in which he denounced the attempt to supersede the authority of the Queen, and called upon all loyal subjects to resume their allegiance to their lawful sovereign.

PROCLAMATION

The exigencies of the circumstances were such as seemed to warrant the taking of even a more decisive step than the despatching of troops to Wellington, and without waiting for a report from Major Bunbury as to the success or failure of his mission, two other proclamations were hastily formulated and published, the one taking possession of the North Island by virtue of its cession by the native chiefs; the other declaring the South Island to be part of the Queen's Dominions by right of discovery.[148]

In order to give effect to the views which he had formed Captain Hobson commissioned Lieutenant Shortland, in whose discretion he placed implicit confidence, to proceed to Port Nicholson, there to personally read the proclamations, and to take such steps as he might deem necessary to secure the due recognition of the Crown at the Southern settlement. Accompanied by the small detachment of troops, and a still smaller force of mounted police, under the command of Lieutenants Smart and Best, the Colonial Secretary reached Port Nicholson in the barque Integrity on the evening of Tuesday, June 2. A Mr. Cole[149] one of the civil staff, was immediately sent on shore with copies of the proclamations, and a letter to Colonel Wakefield, telling him it was Mr. Shortland's intention to land next day and read the proclamations, requesting at the same time that he would make all the necessary arrangements.

These dispositions were interfered with by a heavy gale which sprang up during the night, making it impossible to carry out the intended ceremony. In the meantime the Colonial Secretary was waited upon on board the Integrity by Dr. Evans, and Messrs. Chaffers and Tod, who came for the purpose of expressing the gratification it gave the settlers to learn of his arrival. They then proceeded to assure Mr. Shortland that their actions and intentions had been greatly misrepresented. Dr. Evans volunteering the information that their Council had been formed for no other purpose than to preserve the peace, and for mutual protection until either the Lieutenant-Governor or some duly accredited representative of the Crown should arrive in their midst.

These assurances Mr. Shortland indicated he was prepared to accept, conditionally upon their being followed by some practical evidence of their sincerity. He told them plainly that the Council must disappear, that the flags flown as the insignia of its authority must come down, and that any proposal from any body of persons assuming any power or rights would be regarded by him as an act of hostility. To these conditions the deputation agreed and withdrew, after again protesting the loyalty of the colonists.

The storm having abated, Lieutenant Shortland landed on the beach at Thorndon at 2 o'clock on the afternoon of Thursday June 4, accompanied by Lieutenants Smart and Best and the four members of the police force. They were received on the beach by Colonel Wakefield, Dr. Evans, Captain Smith, R.A., and all the principal settlers, who conducted them to the appointed place of ceremony. Here the Colonial Secretary read the proclamations, which he assures us "were responded to by three hearty cheers; a royal salute from the Europeans, and with a war dance and general discharge of musketry by the natives who had assembled in great numbers."

PROCLAMATION

PROCLAMATION

As the last sounds of the rejoicing died away the leaders of the Settlement again pressed upon the Colonial Secretary their protestations of loyalty, and reiterated their assurances that in appearing to assume authority over the community they had been actuated by no other motive than a desire to preserve the peace and to protect their property. Under these circumstances the Colonial Secretary was able to write to Captain Hobson on June 20, "I have great pleasure in informing your Excellency that Her Majesty's Government is now fully established, and that both European and native populations are in a very satisfactory state."

Matters were in this position when Major Bunbury landed at Port Nicholson. He confirmed the harmonious nature of the relations between Pakeha and Maori in an interview he held with some native chiefs, and subsequently with Captain Smith, R.A., Surveyor-General to the Company. This gentleman expressed himself as being much annoyed at the exaggerated accounts which had been spread regarding the condition of the settlement,[152] and the disloyalty of the settlers, whom he averred had received the Colonial Secretary[153] with the most spontaneous cordiality, the feminine section of the community being equally enthusiastic in acclaiming the substitution of the British flag for that of the Company. These protestations must be received and accepted for whatever weight they may bear. It is a fact too well known to again require substantiation, that the intervention of the British Government at this juncture was a grievous blow to the promoters of the New Zealand Company, and that whatever the feelings of the populace may have been, the leaders were never in a mood to express jubilation at the authority of the Crown thus unceremoniously overriding their own.

It is at least significant that the New Zealand Gazette, the organ of the Company, in its issue of June 6, is content with making the most meagre mention of the fact that Lieutenant Shortland had landed at Thorndon and read the Governor's proclamations. There is no enthusiasm, no shouts of acclamation described there, while the editorial is sullen in temper, and ill conceals the barb of disappointment, or the touch of sarcasm in its congratulations:

That these sentiments faithfully reflected the views of the leaders at Port Nicholson is scarcely open to question, for the writer was in daily communication with them, and the most cursory perusal of them is all that is needed to establish how much of elation there is in their tone. The fact is the despatch of Captain Hobson to New Zealand, and his subsequent success, brought the keenest mortification to Colonel Wakefield and his colleagues, and after resistance and ridicule had failed to prevent the consummation of the treaty, they adopted an attitude of silent but angry acquiescence in a line of policy which in their hearts they regarded with the utmost malignity.

One thing, and one thing only, made the new position tolerable to them, and that was the prospect of securing to their own settlement the seat of Government. To this end they adopted an address of welcome to Captain Hobson, and despatched Colonel Wakefield to the Bay of Islands to present it. The bait was offered of a hearty welcome and the most valuable sites in the town for the convenience of the public offices. Captain Hobson's failure to accept the bribe only added fuel to the smouldering fires of discontent and served to enhance the difficulties of his already intricate administration—perhaps to shorten his life.

The Herald left Port Nicholson just before dusk on Sunday the 21st, beating out of the Heads in the dark against a fresh south-east breeze, with her boats holding lights on the extremities of the outlying reefs for the guidance of the helmsman. Her journey along the coast was uneventful, and on the night of the 23rd she anchored in Hawke's Bay.

On the following morning Major Bunbury landed in search of the chief Te Hapuku, the most influential representative of the Ngati-Kahungunu tribe living on this stretch of coast. By common report this chief had acquired an unenviable reputation for rapacity and extortion towards the Europeans settled at Ahuriri (Napier). For this reason Major Bunbury anticipated some little difficulty in finding him "at home":

Major Bunbury having now visited all the places of importance from the point of view of native population on the East Coast, the Herald once more set her course for the Bay of Islands, reaching port on July 4. Captain Hobson had so far recovered in health, as to resume the active administration of affairs, and was at the moment of the Major's arrival "absent on a tour of duty." The propaganda of the treaty had prospered to the fullest expectation. Five hundred and twelve[154] signatures had been obtained, embracing almost every man of influence throughout the Islands with the exception of Te Wherowhero of Waikato, Te Heuheu, of Taupo, Te Waharoa, chief of Ngatihaua and Taiaroa, of Otago.

In recognition of this achievement Lord John Russell wrote to Captain Hobson then rapidly approaching his end: "As far as it has been possible to form a judgment, your proceedings appear to have entitled you to the entire approbation of Her Majesty's Government."

In these circumstances we have now reached that stage in our history where we may in words of the chiefs themselves, write: "Now, we, the chiefs of the Assembly of the hapus of New Zealand, assembled at Waitangi. We, also, the chiefs of New Zealand, see the meaning of these words. They are taken and consented to altogether by us. Therefore are affixed our names and our marks."

SIGNATURES TO THE TREATY OF WAITANGI