1873 - Kennedy, A. New Zealand - CHAPTER III.

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CHAPTER III.

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CHAPTER III.

LIEUTENANT-GOVERNOR HOBSON took up bis temporary residence at the Bay of Islands with his staff of officials and the military, consisting of a detachment of the 80th Regiment, under the command of Major Bunbury. The head-quarters of the Church Missionary Society were in this neighbourhood, and

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a maritime settlement had grown into some importance on the shores of the harbour, at Kororarika. The latter was a rendezvous for numerous whaling ships, chiefly American, and a considerable trade was carried on with Sydney as well as with the natives, who provided these ships with such supplies as the country afforded. The inhabitants of this settlement are represented to have been adventurers from all parts of the world, most of them connected with seafaring pursuits, and many, as might have been expected, of a lawless and turbulent character. Some bore the reputation of having been buccaneers, and familiar with--

These, however, were probably neither better nor worse than a collection of roving and enterprising people, brought together without being subjected to law or order or indeed authority of any kind, except when punishment was inflicted on some delinquent openly in the presence of the whole community, by order of a Committee of Safety, as an example to all offenders. Very shortly after the execution of the Treaty of Waitangi, the governor proceeded in the 'Herald' ship of war on a tour to explore and inspect the harbours and coasts, in order to select a site for the seat of government for the whole of New Zealand. After examining many places, he fixed on a spot on the banks of the Waitemata, an estuary in the Firth of the Thames, known as Prince Regent's Inlet; at this place the plan of a town was laid off on the ground, which was named Auckland, in honour of the First Lord of the Admiralty. Early in January 1841, the governor removed from the Bay of Islands

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and took up his permanent residence at Auckland. Shortly after he received intelligence that New Zealand, hitherto a dependency of New South. Wales, had been erected into a separate colony, by an Act of the Imperial Parliament, and that he had been confirmed in his appointment as governor.

The selection of this site for the seat of government is justified by the result, and although Auckland is now shorn of its prestige, having ceased to be the seat of government and capital of New Zealand, it still maintains its ground and takes rank as the most important commercial town in the colony, while the province is the largest and most populous of all the provinces of New Zealand.

The town of Auckland, like Corinth, is situated on an isthmus, having a noble harbour on the east side of the island, and the Manakau harbour on the west coast, about six miles from it on the opposite side. The space intervening between the two towns, Auckland and Onehunga, is covered with orchards and vineyards, and studded with villas. The adjoining country was found not only extremely eligible for settlement, but highly picturesque, and in some parts nearly intersected with navigable estuaries. Numerous low small hills of volcanic origin are situated all over the district, isolated, and rising abruptly from the plain. These are now covered with luxuriant pastures well stocked with flocks and herds, and their verdant slopes, as well as the plains at their base, are dotted with homesteads and villages, which, like the bright tints in a painting, impart life and animation to the scene; while beyond the blue and placid waters of the Waitemata, on the opposite shores of Auckland harbour, in their varied character of

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grandeur and beauty, appear the islands of Rangitoto, Motutapu, and Waihiki, forming half a circle, and enclosing the estuary from the sea. Beyond these again, in the distance, and mingled with the horizon, is to be seen the dim outline of the mountain ranges of Cape Colville, 3,000 feet high, which, under the brightness of a summer's sun and an Italian sky, bound and complete the features of a landscape remarkable for its loveliness and surpassing beauty. This scene becomes still more interesting, when it is recollected that in some measure it is associated with the memory, and rendered historic by the genius of Cook, as some of the prominent features of the country, so faithfully delineated and appropriately named by the great navigator, are to be seen from the windows of the houses in Auckland. Seventy years before New Zealand became a British colony, he recommended this neighbourhood, from its affording easy access into the interior of the country, as a site well adapted for a settlement, and with his usual sagacity noticed, while his ship lay at anchor in Mercury Bay, that the shores, from their geological formation and character, indicated the presence of mineral wealth and gold. After a period of one hundred years his anticipations have been realised by the discovery of one of the richest gold fields in the world, on the shores of the Thames, realising, not in poetic strains but literally, Denham's famous line respecting 'The Thames,'

Auckland is the centre of the largest native population, is in the immediate neighbourhood of the largest forests, and the largest river in the colony,

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the Waikato, which is navigable for 120 miles, flows through a fine country, and terminates its course in the sea a short distance from it on the west coast. The Thames, very little inferior as a river, and more famous for its gold, forms a noble estuary, within forty miles of it on the east side. On its shores a town containing 12,000 inhabit ants has lately grown into importance, from the immense auriferous wealth found in its neighbourhood.

The position of Auckland is unrivalled for its maritime advantages, and when the railways at present in process of formation, and in contemplation, are finished, facilities for internal communication by water and rail will exist of a character equal, if not superior, to those of any portion of the colony. The population of the city and suburbs is now (1872) upwards of 20,000, and within a radius of ten miles the population is not less than 40,000.

While Governor Hobson was employed in selecting a site for the seat of Government, and founding a settlement in the north, Colonel Wakefield, the agent of the New Zealand Company, was no less active in forming a settlement and laying out a city in the south at Port Nicholson. The New Zealand Company in the first instance fixed upon a site for a town near to the point at which the river Hutt falls into the harbour, which was named 'Britannia.' This place was, however, soon after abandoned for the present site of the town of Wellington, about nine miles from the former, and in every respect superior, and the best that could have been chosen. Here the company's agent laid out a town, and named it Wellington after the great Duke. The harbour is one of the finest in the world, and the place has

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gradually advanced from its original condition of a fishing village into a romantic-looking town, and is now the seat of government for the whole of New Zealand. The town is situated on the shores of the harbour, and forms a crescent, extending upwards of two miles in length, with picturesque hills in a circle rising abruptly behind it. The view from these hills, although fine, is wild, and the scenery of a Swiss character. It includes the valley of the Hutt, which is fertile and beautiful, though limited in extent. The hills around the town and harbour are now covered with luxuriant pastures, and numerous handsome seats appear on their slopes. The population of the town and suburbs in 1872 was upwards of 8,000, and it is a growing city, with a fair aspect, a fine climate, and noble harbour, central in its position, and possessing the prestige of being the seat of government.

The company, however, was not satisfied with founding one settlement only, but animated with that spirit of enterprise which distinguished it, went boldly to work in its measures of colonisation. They purchased land from the natives, and formed on the west coast two settlements, one at Wanganui, about one hundred miles from Wellington, in a fertile district, near the mouth of the fine river of that name, and the other, New Plymouth, at Taranaki, near the base of Mount Egmont, the most beautiful of all our New Zealand mountains, rising from the sea into a conical tower or turret, 7,000 feet high. The situation of these two settlements was well chosen, as they are the two extremities of a belt of land of unrivalled fertility, although only a very limited extent of country at that time belonged to the company.

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Wherever the company founded settlements, the governor appointed officers from his staff to administer the laws and collect the customs' revenue at each port on behalf of Her Majesty's Government. This immediate and successful action of the Government in establishing law and order, and the presence of a power superior to that of the company, were at first viewed with jealousy by them, which increased into a spirit of antagonism, and eventually resulted in open and avowed hostility.

The company, from their wealth and influence, and from having arrived in the country prior to its being erected into a colony, anticipated that they would be the ruling power, with the exclusive privilege of colonising the country, and never imagined that the Government would assume the right to maintain order, administer the laws, and form new settlements, except through them, and in harmony with their views and wishes. The Imperial Government, however, entertained very different views, and issued immediate directions that the company were to be subjected to the same laws and regulations as any other body of colonists, that their privileges were to be strictly limited to the operations of a trading company; and that they were in no way to be permitted to assume any of the functions of Government.

The Government and the company therefore at this early period became rivals, and began to colonise the country at two different points, about 400 miles apart, the one in the north, and the other in the south. This was a fortunate circumstance, and for the welfare of the country the most judicious system that could have been adopted.

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The first sale of land in the north, the town sections at Auckland, was highly encouraging, as it realised upwards of 20,000l., and the succeeding sales of suburban and country lands were no less satisfactory. The Government settlement in the north was therefore an undoubted success, while the natives were quiet and co-operative, and much of the early success and prosperity of Auckland is to be attributed to their peaceful character, and the harmonious and friendly relations which existed between the Government, natives, and colonists.

Those parties who had purchased land from the natives, before the country became a British colony, were however dissatisfied, as their claims to such lands were, by a local Act of the Legislature, subjected to investigation by commissioners appointed by the Government, and as many of these claims were boundless in extent, a power was given to the governor to limit their scope at his discretion, on the report of the commissioners.

This measure of investigation of titles gave great offence to many, as it deprived them of the means of paying the debts, incurred by borrowing money on the faith of such lands being their property, and as the Government in some instances acted injudiciously and without discrimination, others were exposed to much injustice and experienced severe hardships. This unnecessary and harsh measure towards many of the old land claimants greatly retarded the progress of the settlement in the north, and rendered the Government extremely unpopular. This circumstance, however, was made use of by the New Zealand Company in colouring and strengthening their complaints, when representing their grievances

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to the Imperial Government, and as their settlements in the south were more numerous, enterprising, and successful than those of the Government in the north, their zeal in proclaiming their own success through the press, and their great parliamentary influence, rendered them all-powerful in England.

The operations of the New Zealand Company were prior to this time confined to the North Island, but having acquired territory in the southern, they resolved to extend their operations and form a settlement on the southern shores of Cook's Strait. This settlement was projected and founded by the company with characteristic energy and expedition. The whole of the local arrangements were judiciously placed under the superintendence of Captain Arthur Wakefield, an officer of ability in the Royal Navy, who performed his duties in a very successful manner. It received the appropriate name of Nelson, as the sister settlement to Wellington. The site of the town on level ground at the extremity of Blind Bay, is good, with a fine harbour well sheltered by a natural breakwater, the 'Boulder Bank.' Nelson has communication with the North Island and Wellington by a passage across Cook's Strait through the French Pass, Queen Charlotte's Sound, and the Tory Channel, and in making this voyage the steamer approaches almost within a stone's throw of the spot which tradition still points out as the site of Cook's first landing and encampment on the shores of New Zealand, in order to take formal possession of the country, and to recruit the health of his officers and crews. Irrespective of Cook's genius and fame, which have made this place historic ground, it is from other circumstances one of the most interesting spots in

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the country. The picturesque beauty of the landscapes disclosed throughout the whole of this passage, is unrivalled, and by many is considered little if at all inferior to the scenery on the Rhine, to which it has a resemblance. Nelson is now a romantic rural town, as well as an important seaport, with a population, including the suburbs, of 7,500, and is one of the most delightful places of residence in the colony. The hills surrounding the town, with their spurs sweeping down to the shores of the bay, are now clothed with pastures, and their verdant slopes enlivened with flocks and herds, and many comfortable homesteads. The beauty and salubrity of the climate are unrivalled, and fruits of all kinds abundant. The coal of this province is the best in the colony. Gold was likewise discovered at an early period, and the field continues productive, and affords employment to a large mining population. Few places possess so many attractions as Nelson for a place of residence, and the number of handsome fortunes realised in pastoral and mercantile pursuits compare favourably with any other province in the colony.

The governor, at the time Nelson was founded, expressed a desire to co-operate on friendly terms with the company, and offered them a site for this settlement in the north at Tauranga. This was declined, as the company considered the formation of the Nelson settlement at a point still further removed than the others from the seat of government, as an act of consummate diplomacy on their part, and one which, as they alleged, gave the coup de grace to the Government.

When New Zealand became a British colony, it was in the first instance a dependency of New South Wales, and the Supreme Court in Sydney was the

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tribunal for the settlement of all legal affairs. In Church matters, New Zealand was a part of the diocese of the Bishop of Sydney, but as soon as the country was erected into a separate colony, a chief justice was appointed, and sent out from England, and about the same time a bishopric was erected, and a young English clergyman, Dr. Selwyn, Vicar of Windsor, was ordained first Bishop of New Zealand. In addition to the usual accomplishments, Dr. Selwyn possessed a handsome person and fascinating address, and captivated the Maories by his great physical power, as shown in various athletic feats, and his capacity of endurance, while the great facility with which he acquired a knowledge of their language, established for him a high character in their estimation. On their arrival, the Chief Justice and Bishop took up their residence, as a matter of course, at Auckland, the seat of government. The first chief justice was Sir William Martin, an accomplished scholar, of a refined yet vigorous intellect, who discharged his high and important duties not only with the purity and dignity of an English judge, but with the spirit of an English gentleman. Out of a state of chaos he had to create our courts of law, and adapt them to the condition of the colony; and in practical good sense, sound legal knowledge and independence of character, as well as in those accomplishments which distinguish the gentleman of refined taste and pursuits, he has never been excelled by any judge or public man in the colony. On his arrival he set to work vigorously to reconstruct a system of jurisdiction applicable to the colony, as many of the old laws of New South Wales were unsuitable for New Zealand. At the same time he very soon acquired a complete knowledge of the native language and character.

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The first Maori he sentenced to death was a young chief who had been found guilty of committing a barbarous murder. After explaining to him the condition in which he was placed by the laws of the country, and addressing him in a very simple and impressive manner, he concluded by saying, 'Maketu, in your own emphatic language, I bid you go to your forefathers;' this expression at the time carried me in imagination to my own native land, the saying being as familiar among the Scotch as it is with the Maories. Sir William Martin, after fourteen or fifteen years' service with honour to himself and satisfaction to the colony, was compelled from severe and continued ill health to resign the office of Chief Justice, and the Stafford Government granted him a small pension of 340l a year, a very inadequate reward for such meritorious and distinguished services, being no larger than the retiring pension usually allowed to the police magistrate, or collector of customs, of some Maori village.

Governor Hobson, whose health had been shattered by a stroke of paralysis soon after his arrival, died on September 10, 1842, at Auckland. He possessed good abilities, was extremely gentlemanlike in his appearance and manners, but during his career in New Zealand, his impaired health cast his good qualities into the shade. Nevertheless, he discharged his duties in a highly satisfactory manner, although his position was rendered an arduous and difficult one, by the struggle with such influential and enterprising opponents as the New Zealand Company. At this period New Zealand was governed as a Crown colony. The Legislature consisted of the governor, colonial secretary, treasurer, and attorney-general, all ap-

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pointed by the Queen, with three colonists nominated by the governor, who held their seats during His Excellency's pleasure, but all laws passed by the Legislature were reserved for confirmation by Her Majesty, or, in other words, by the Secretary of State for the Colonies; and in the event of the death or absence of the governor, the Colonial Secretary became acting-governor for the time being. On the day following the demise of Governor Hobson, the Colonial Secretary, Lieutenant Willoughby Shortland, R. N., was sworn in acting-governor, and his short administration was distinguished by firmness and good sense.

The colony at the time of Governor Hobson's death may fairly be described as enjoying a period of tranquillity, if not as highly prosperous. The sovereignty of the country had in a peaceful manner been ceded to the Queen by the natives, and the whole territory annexed to the Crown. At Auckland, in the centre of the largest native population, a settlement had been formed, and the country in the neighbourhood had been sold and was occupied by a numerous and enterprising class of colonists. These circumstances induced the Imperial Government to proclaim Auckland the capital and seat of government for the whole of New Zealand; and as the native population at that period was the most numerous and powerful, this act, without doubt or challenge, was a measure of sound policy.

The European population of the town and settlement at Auckland, at this time, did not exceed 2,000. The social condition of the colonists was extremely simple and primitive; the houses were mostly small wooden buildings, some indeed still remained of Maori architecture built of raupoo. The streets

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were only half formed, or partially laid out, and in many places impassable without sinking deep in mud and water. On the occasion of a party at Government House, we got as far as the gate, but to get through the mud farther was impossible, without rendering us unpresentable at an evening party. We therefore hailed some Maories who were passing, to take pity on us, and carry us over the slough of mud, and we rode to the verandah of Government House on the backs of the Maories. In those days we were all young and high in spirits, and such words as trouble and difficulty were practically not to be found in our vocabulary. Great energy and enterprise were displayed as well as intelligence, and looking over the pages of the first report of the Auckland Agricultural Society published at that time, it appears even now a highly creditable production. The sound practical observations which it contains, respecting the method of clearing the land of bush and fern, as well as on the quality of cattle, horses and sheep, which it recommends for the consideration and selection of the settlers, compare favourably with the intelligence of the present day, and the precise way in which the cost and price of all produce and labour are recorded, is both interesting and valuable.

The advancement and success of the company's settlements in the south were likewise no less conspicuous and satisfactory, and they were held in public estimation as equal if not superior to those of the Government in the north. The funds at the disposal of the company were large, and vast sums had been expended, if not unwisely, at least unsparingly.

By a combination of capital and enterprise the

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company had apparently overcome all difficulties, and established a number of settlements on a basis seemingly of sound and lasting prosperity.

A circumstance, however, occurred some months after the governor's death, which paralysed the affairs of the company, and created a profound sensation throughout the whole of New Zealand.

The natives in the South Island, being few in number and apparently in no way formidable, gave little trouble: no danger therefore was apprehended from them; consequently, they were treated with marked contempt by the company, who took arbitrary and high-handed measures with them on all occasions. Some dispute arose with the colonists which led to a trifling violation of the law on the part of the Maories, and Captain Arthur Wakefield, the company's agent, with a number of the leading colonists of Nelson, resolved to compel them to surrender and submit to be tried in our courts of law. The police magistrate was not only induced to issue his warrant for their apprehension, but to accompany, the party of gentlemen who undertook the command of an expedition to apprehend them. Being well armed the leaders of this force apprehended no difficulty or danger. The natives, however, had no intention of submitting, and retreated to a remote place in their own territory, where they were found by the party in pursuit. They had taken up a position on the east bank of the Tua Marina stream, a tributary of the deep and turbulent Wairau, a river fed by mountain torrents, which flows through the fertile and picturesque dales of that district. On perceiving their pursuers, the Maories drew together and assumed a defensive attitude, and when the gentle-

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men advanced from the opposite side and were crossing the stream in order to apprehend them, a shot was fired by one of their party, whether by accident or design was never known, and a native was killed; a skirmish ensued, and some of the gentlemen, including the resident magistrate, fell mortally wounded; the natives, encouraged by their success, attacked their opponents vigorously, compelling them to retreat, and, after a short parley, to lay down their arms, and surrender. Exasperated by the losses they had sustained, the natives then killed nearly the whole of them, not one of the gentlemen escaping. Two or three of the constables, by concealing themselves in the long fern, were the only survivors who returned to narrate the dismal story of this disaster.

Twelve or fifteen of the leading colonists of Nelson, including Captain Arthur Wakefield, the company's agent, and Mr. Thompson, the resident magistrate, fell in this encounter. It took place on June 17, 1843, and is known in the annals of the colony as the 'Wairau Massacre.' A column 'in memoriam' of the unfortunate victims has been erected on the spot where they fell.

The natives maintained that the police magistrate and his staff fired the first shot, and this statement was confirmed by the survivors of the party.

This victory over the colonists had a most prejudicial effect on the minds of the natives. Since the country had become a British colony, peace had prevailed, and an acknowledged supremacy in authority, as well as superiority in race, had been maintained on our part. A quarrel had now unfortunately arisen, and a fight had ensued in which we had been defeated; we had therefore not only lost our prestige as a superior race, but the natives had lost faith in

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our magnanimity, and a general want of confidence prevailed which fell little short of a panic.

Under such circumstances the Government could not demand satisfaction from the conquerors, who had the law on their side; they had been attacked, and one of their people killed, before they had offered resistance, and had only defended themselves when assailed. The killing of the prisoners after they had surrendered was, no doubt, a barbarous act; it was a frequent and usual occurrence among savages, and even in civilised warfare it is sometimes difficult to restrain excited men from killing prisoners. 1

This disaster was a 'heavy blow and a great discouragement' to the company, from which it never recovered. They had derided and talked of the 'Treaty of Waitangi' as unworthy of the consideration of statesmen, alleging it was merely a device to amuse savages, which ought not to be respected or considered binding on them. While attempting to carry such views into practical operation, they experienced a defeat from the natives, which shook the fabric of their vast power to its foundation. The strife which ensued with the Government was transferred from the colony to England, and Lord Stanley, then Secretary of State for the Colonies, declared in his place in Parliament, that the Government was resolved to maintain the 'Treaty of Waitangi' in all its integrity; and many an animated debate took place, respecting the condition and affairs of the colony, often continuing from eve to early morn, before the powerful company gave way.