APPENDICES.
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APPENDIX I.
THE TREATY OF WAITANGI,
6TH FEBRUARY, 1840.
"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 or 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 to authorize me, William Hobson, a Captain in Her Majesty's 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:--
"1. 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 sovereignly which the said Confederation or independent Chiefs respectively exercise or possess, or may be supposed to exercise or possess, over their respective territories, as the sole sovereigns thereof."
"2. 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
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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 in that behalf."
"3. 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."
This short treaty was duly signed by Captain Hobson, and by the assembled Chiefs, and attested as "Done at Waitangi, this 6th day of February, in the year of our Lord, 1840;" with the following addition:--"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 of which we have attached our signatures or marks at the places and the dates respectively specified."
Of the forty-six who signed the treaty at first, twenty-six had signed the Declaration of Independence in 1835. In both cases they had been stirred by desire to keep the French from their land, and to obtain English protection. In both they had the sympathy of their English resident friends.
APPENDIX II.
TRANSLATION OF DEED OF SALE.
Know all men by this Document, We, the Chiefs and Men of the Ngaitahu Tribe in New Zealand, whose names are undersigned, consent on this Thirty-first day of July, in the year of our Lord 1844, to give up, sell, and abandon altogether to William Wakefield, Principal Agent to the New Zealand Company of London, on behalf of the Directors of the said Company, all our claims and title to the lands comprised within the undermentioned boundaries; the names of the said lands are Otakou, Kaikarae, Taieri, Mataau, and Te Karoro; these are the boundaries, the northern boundary line commences at Purehurehu, runs along the sea shore, crossing the entrance of Otakou (Harbour), to Otupa, thence along the coast to Poatiri; the eastern boundary is the ocean from Poatiri to Tokata; thence the southern boundary runs along the summit of the Kaihiku Range, and
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crosses the Mataau River, thence along the summit of Wakari to Mihiwaka and Otuwararoa, then descends to Purehurehu on the coast. We also give up all the Islands, Kamautaurua, Rakiriri, Okaiha, Moturata, Paparoa, Matoketoke, Hakinikini, and Aonui; excepting the following places, which we have reserved for ourselves and our children, that is to say, a certain portion of land on the eastern side of Otakou, called Omate, the boundary line commences at Moepuku, crosses over to Poatiri, and thence along the coast to Waiwakaneke, then crosses to Pukekura, and runs along the side of the harbour to Moepuku. Also a certain portion of land at Pukekura, the boundaries of which are marked by posts, containing one acre more or less; also, a portion of land at Taieri, the boundary of which commences at Onumia, and runs across in a straight line to Maitapapa, the Taieri River forms the other boundary; also a portion of land at the Karoro, bounded on the south by the Karoro River, on the east by the ocean; the northern boundary includes the Kainga of that place, and extends inland about one mile; which said Reserved Places we agree neither to sell or let to any parly whatsoever, without the sanction of His Excellency the Governor of New Zealand. We have received as payment for the above first-mentioned lands the sum of two thousand four hundred pounds in money, on this day.
John Tuhawaiki, Kahuti,
Karetai, Kurukuru,
Taiaroa, Mokomoko,
Pokene, Te Ao,
Koroko, Koroko Karetai,
Kaikoarare, Tutewaiao,
Takamaitu, Papakawa,
Te Raki, Te Kaki,
John Tuhawaiki on behalf of Topi, Rakiwakana,
Kihau, Te Raki (the second),
Solomon Pohio, Potiki,
Pohau Pohata.
Taiaroa for Pokihi,
In the presence of these Witnesses:
John Jermyn Symonds, P.M.
Frederick Tuckett.
George Clarke, junior. Protector of Aborigines.
David Scott.
A true translation of the original Deed,
GEORGE CLARKE, junior, Protector of Aborigines.
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I, William Wakefield, the Principal Agent of the New Zealand Company, do undertake to select one hundred and fifty thousand acres, to which the Crown's right of pre-emption has been waived in favour of the said Company, from the block of land specified in the Deed to which this is annexed, as soon as such land shall have been surveyed, leaving the unappropriated residue to to be dealt with in such manner as His Excellency the Governor shall deem fit.
APPENDIX III.
THE REV. H. WILLIAMS AT OHAEAWAE.
The memory of Archdeacon Henry Williams has suffered much from wild reports and ignorant or malicious slanders. The worst thing said against him, an old naval officer, is that he was the instigator of the mad assault on Heke's pah at Ohaeawae. How the report could have sprung up I do not know, but he had detractors who would believe anything. The following letter from his son to the Curator of our Museum, effectually disposes of the imputation, but it is a pity that for want of knowing better, we should have appended to our model of Heke's pah a note that the assault was on the Archdeacon's advice. I knew better, and ought to have corrected it, but it did not come under my serious notice. Henry Williams had more influence over the Maori Chiefs than any man in the country, and was thoroughly trusted. His nine years in the navy were not thrown away. But for his earnest recommendation and assurance, the Treaty of Waitangi would never have been signed, but he put his whole heart into the business, and we of both races owe him the tribute of our respect and veneration, and ought not to let his name be spattered by the guessing of malignant gossip, when in fact, he was as simple and robust a Christian, and as loyal and brave an Englishmen, as ever pioneered our way in dealing with a race that he wanted to lift up to our own civilization. Such a man can make enemies as well as friends.
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PAKARAKA, KAWAKAWA,
BAY OF ISLANDS,
AUCKLAND, N.Z.
October 28th, 1902.
ALEX. MORTON, ESQ.,
Curator and Secretary Museum,
HOBART, TASMANIA.
Re MODEL OF THE OHAEAWAE PAH.
SIR,--I thank you for your letter of the 1st October last, in which you say you will be glad to get a clear account of what I have, relating to the taking of the Pah, to lay before the Trustees.
I will quote from an impartial witness--a military officer--who was present on the occasion. The following is an extract from "The Story of New Zealand, Past and Present, Savage and Civilized," by Arthur S. Thomson, Surgeon-Major 58th Regiment (vol. 2, page 115):--
"One day the enemy made a sortie from the Pah and attacked Walker Nene's (our Maori ally) position. So sudden and unexpected was this sally, that a British flag was taken, and Colonel Despard and some senior officers only escaped by a ridiculous flight. This token of success was hoisted inside the fortification under Heke's flag. After twenty-six shots had been fired from the thirty-two pounder, Colonel Despard thought the palisades sufficiently broken in two places for an assault, but Captain Marlow, the Senior Engineer Officer, did not consider either breach practicable. In defiance of this professional opinion. Colonel Despard ordered a storming party of l60 soldiers, under Majors Macpherson and Bridge, and 40 seamen and volunteers under Lieutenant Phillpotts, R.N., with hatchets and ropes and ladders, to be ready at 3 p.m. on 1st July. All the troops told off for this awful service paraded at the hour named, save one man of the 99th Regiment, who was taken prisoner in the morning. . . . When the advance was sounded, the stormers rushed on the breach at 80 yards, and for ten minutes tried to enter the Pah by pulling down the palisades, but the inner fence being unbroken, and two officers and half the men having gone down, the party fell back baflled from an impregnable stockade. The whole force then withdrew to a position 400 yards from the Pah."
On page 118--"Colonel Despard was justly blamed by soldiers and civilians for sacrificing men's lives in attacking a half breached Pah, and it was whispered in military circles in London, that the Duke of Wellington on reading the dispatch, stated, that distance alone prevented him bringing Colonel Despard to a Court-Martial."
Moss' Book "School History of New Zealand," page 90, says:--On the 1st July, in spite of the adverse opinion of the officer in command of the
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Engineers, and of the very emphatic and explicit warnings of Waka Nene, and other Maories, Colonel Despard ordered an assault. . . . Waka Nene, denouncing the assault as foolery, and sending the men to certain death, refused to let his Maories have anything to do with it."
In "The Life of Henry Williams," by Hugh Carleton (vol. 2, page 110), is the following:--"When the troops returned this time, under Colonel Despard of the 99th, they were directed against Ohaeawae. According to preconcerted arrangements the rebel forces concentrated, throwing themselves into Pene Taui's Pah. The attempt to breach, maintained for a week, was ineffectual. On the 1st July a sally was made from the Pah, which resulted in the temporary occupation of the Knoll on which Waka had encamped, and the capture of Waka's colours--the Union Jack. The position was gallantly recovered by a party of the 58th Regiment under Major Bridge, but the Union Jack was carried into the Pah. There it was hoisted, upside down, and half mast high, below the Maori flag. This was the cause of the disaster which ensued. The sight was too much for Colonel Despard's temper, and he ordered an assault upon the Pah. The point selected for attack was the only angle double flanked. The hopelessness of success was perfectly well known to the storming party; they were marching to certain destruction. They did their duty to the utmost, some of them even firing into the Pah through its own loop-holes; but within five minutes one third of their number lay stretched upon the earth. The men returned to the bugle call, but not till then. One officer only, Captain Westropp, escaped unhurt."
On page 113, the following extracts from letters and journals supply details. From Archdeacon Henry Williams's Journal:--"July 1st, 1845. Mr. Burrows (Rev. R. Burrows) and I rode out to Ohaeawae. On our arrival observed much firing, and soon learnt that the natives had made an attack on Waka's people on a hill overlooking the camp. The hill retaken by the soldiers under Major Bridge in noble style. Henry Clarke (interpreter to the forces) was wounded in the thigh. At 4 o'clock the troops marched to storm the Pah, and in a short time a heavy firing was opened. It was a fearful moment. I moved on to the camp and found numbers of wounded brought in. The troops were repulsed with serious loss. Captain Grant and Lieutenant Phillpotts killed, with 22 seamen and soldiers, and upwards of 70 wounded--some mortally, many seriously. I assisted in dressing the wounded. Towards sunset, at the request of the Colonel, I attempted to go to the Pah to recover the bodies of the slain, but as soon as I came in sight, was ordered back by the people of the Pah."
"July 3rd--Returned to the camp to endeavour to recover the bodies. On my arrival, learned that a flag of truce had been hoisted at the Pah, and
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that enquiry had been made for myself and Mr. Burrows that our boys might fetch away the bodies. I proceeded to the Pah on my arrival, but the Natives would not give up the body of Captain Grant. Found the people disposed to be insolent. Returned to the camp. Attended the funeral of the soldiers, 30, including the seamen--a mournful sight. The troops were all present."
Sec also "Plain Facts relative to the late war in the Northern District of New Zealand," printed by Philip Kunst, of Auckland, 1847, pages 21 and 22.
Archdeacon Williams, for he is the Mr. Williams referred to, had for more than twenty years been a Minister of the Gospel of Peace amongst the Maoris, and is it at all probable that he would have interfered in military matters and advised an assault on the Pah, or that a military commander would order an assault on the advice of a civilian?
Archdeacon Williams had served for nine years in his youth as an Officer in His Majesty's Navy, and was too good a disciplinarian to interfere in matters outside his own calling.
It will be seen from the above extracts from Archdeacon Williams's Journal that he did not see Colonel Despard until after the assault, having only arrived at Ohaeawae whilst the assault was being made.
I trust that your Board of Trustees, after verifying the above quotations, will be satisfied that it would be only just and proper to remove the statement which is attached to the Model.
I remain, Sir,
Your obedient servant,
H. WILLIAMS.
J. WALCH & SONS, PRINTERS, 42 MACQUAURIE STREET, HOBART.
