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The Treaty of Waitangi; or, how New Zealand became a British Colony. Thomas Lindsay Buick
How far the suggestion of Mr. Stephen weighed, or did not weigh, with his chief can now only be a matter of merest speculation, for unfortunately little in the way of record has been left to guide us. It is possible that under the sway of the religious feeling which existed in England at that time he did not altogether disregard it, but it is more probable that the circumstance which weighed with him most was the fact that since Lord Glenelg's day the Government had received more serviceable advice as to their powers under the Law of Nations, and that finding it was not within their right to issue a Charter affecting New Zealand, they were then considering the suggestions made by Mr. Busby and Captain Hobson, and were even at that moment contemplating the steps which they afterwards took. Lord Normanby would, under these circumstances, find it difficult and inexpedient to refer in definite language to these immature plans, and consequently the general terms in which he was compelled to speak may have misled the members of the Company who waited on him to sue for a Charter. In considering a petition from the Merchants, Bankers, and Shipowners of the City of London respecting the colonisation of New Zealand, an effort was made by a Committee of the House of Commons, in 1840, to discover exactly what was the attitude of the Ministerial mind at this juncture. Mr. Gibbon Wakefield complained that the Company had been scurvily treated by Lord Normanby, who had led them to suppose that they had his sympathy and approval, and had then, within a comparatively few hours, despatched the letter in which he refused to be bound by the promise of his predecessor to issue a Charter. In reply to this accusation, Mr. Labouchere, who was then Under-Secretary at the Colonial Office, and might, therefore, be expected to have some inside knowledge, took the view that the Minister had been misunderstood, and asked whether the position was not this: That Lord Normanby had stated to the Company that he considered their objects very useful and laudable, and that he should have been disposed to give them his most favourable consideration, provided New Zealand were a British colony; that he intended to take steps that he believed would probably lead to the constitution of New Zealand, either wholly or in part as a British colony; but that till those steps had been taken it would be utterly inconsistent with his official duty, not only to give encouragement, as a Minister, to the proceedings of the Company, but even to recognise them in any way whatever?
To this Mr. Wakefield's answer was: "My impression has always been that when Lord Normanby received those gentlemen he sincerely felt what he said; that he was glad to see persons of so much influence, and of such station in society, engaged in such a work; but that after the interview he came into communication with the officers of his Department, and received information of what had passed before, for he was quite new in the office,[38] and that the letter written after the interview, which was so much at variance with it, was written rather by the office, I should say, than by Lord Normanby himself, for the purpose of maintaining the consistency of the course which the Government had pursued."
It was therefore clearly the opinion of Mr. Wakefield that Mr. Stephen was a force to be reckoned with, and that whether he influenced it from the religious or the secular point of view, the Departmental head of the office was a powerful factor in moulding the policy which the Minister afterwards followed. But be that as it may, it still remains that from this date the Company and its colonising scheme received no quarter from the Colonial Secretary nor from the Department while he was at its head. Nothing daunted by official discouragement, the Company went steadily on with their arrangements; and within the year they had so far completed their plans that their pilot ship was ready to sail, all that was requisite being the extension of a helping hand to Colonel Wakefield, their pioneer representative, by Her Majesty's officers in Australia, in the event of things going badly with him. To this end, on April 29, Mr. William Hutt, who had now become chairman of the Company, Lord Petre and Mr. Somes waited upon Lord Normanby, preferring a request that letters might be given to the leader of their expedition, soliciting the good offices of the Governors of New South Wales and Van Dieman's land, should Colonel Wakefield require their aid. Their request was accompanied by a copy of the Company's instructions to Wakefield, all of which came as a violent surprise to the Colonial Secretary, who immediately pronounced with unmistakable emphasis, the Government's hostility to these unauthorised proceedings. He protested that this was the first he had heard of the Company's matured plans to proceed to New Zealand and there set up a system of Government independent of the authority of the British Crown, therefore it was impossible that he could do any act which might be construed into a direct, or even indirect, sanction of such a proceeding. He further made it plain that the Government could not recognise the authority of any agents whom the Company might send out to New Zealand, nor would they give future recognition to any proprietary titles to land within that country, which the Company might obtain by grant or purchase from the natives. Indeed, so far had matters, he said, now been pushed, that he had no option but to indicate that the time had arrived when Her Majesty must be advised by her Ministers to adopt one of the last of Lord Glenelg's recommendations, before he left the Colonial Office,[39] and take measures without delay to obtain cession in sovereignty to the British Crown of such parts of New Zealand as are, or might be, occupied by British subjects, and that officers selected by the Queen, and not by the Company, would be appointed to administer the executive Government within such territory. "Under these circumstances," the Colonial Secretary concluded, "I must decline to furnish the Company with the introductory letters for which they apply."
This intimation was given to the Company in the dying days of April 1839, and by the 13th of June Lords Normanby and Palmerston had, after consultation with the Law Officers of the Crown, agreed not only that the moment was ripe for official action, but that the proper course to take was to send to New Zealand an officer with Consular powers, whose first duty would be to secure the cession in sovereignty from the chiefs. The territory so ceded was then to be annexed to New South Wales, the Consul to be raised to the rank of Lieut.-Governor, acting under the Governor of the Mother colony, but invested with sufficient authority to preserve law and order in the country. His salary of £500 per annum was at first to be a charge upon the revenues of New South Wales, to be refunded so soon as the necessary arrangements could be made for the collection of taxation in New Zealand.
On July 19 these proposals were confirmed by the Lords of the Treasury, whereupon Lord Palmerston penned the letter to Captain Hobson of which the opening paragraph of the previous chapter is a brief extract.
In the meantime a clipper brig of 400 tons, named the Tory had been quietly fitted out by the Company for a dash to New Zealand. She was armed with eight big guns, and as a precaution against a hostile reception, small arms were provided for all the members of the crew, a specially selected body of men. Under the command of Captain Chaffers, who had been round the world with Fitzroy in the Beagle, she left Plymouth Sound on May 12 (1839) and proving a smart sailer, crossed the equator twenty-six days out, the high land of the South Island being sighted in the vicinity of Cape Farewell on August 16. This pioneer ship of the Company's fleet carried in her cabin their official representative in the person of Colonel William Wakefield, and in her hold a full complement of pots, pipes, and Jews' harps, which that gentleman proposed to exchange as full value for the land he hoped to acquire by barter from the natives.
The sailing of the Tory was the New Zealand Company's challenge to the Government, and in any estimate of its subsequent policy this precipitate event must be accounted an important factor in endowing the Colonial Office with a vital force which had hitherto been sadly lacking.
FOOTNOTES
[28] This war, it is said, arose through some one on board the Roslyn Castle carrying off a native woman of high rank to sea. Her friends at Kawakawa accused the people of Kororareka of killing and eating her in satisfaction of an old feud. This they denied, but a war ensued, 1500 fighting men being engaged, the war continuing for several months, eighty being killed.