1838 - Beecham, J. Remarks Upon the Latest Official Documents Relating to New Zealand. - Appendix, p 64-75

THERE have been very serious disturbances amongst the natives For some months past, not only at a distance to the southward, but amongst our immediate neighbours in the Bay of Islands, and the adjacent tribes; but I am happy to say, that their differences are now adjusted, and that peace is again restored. It is also gratifying to me to inform you, that, in effecting this restoration, the Christian natives under our immediate care have been the principal instruments. We were successful in using our influence to prevent their joining either party, to destroy each other; and in this they nobly withstood every temptation. But when a favourable opportunity offered for successful mediation, the principal Chiefs came to us, and expressed a wish to go over in a body as peacemakers, at the same time requesting myself and Mr. Whiteley to accompany them; --assigning as a reason, that we should not only assist them in accomplishing their object, but be the instruments of withholding themselves from evil. We could not but approve of their proposition, and accompanied them accordingly; and though it kept us ten days from our families and regular engagements at home, we returned thankful to the Giver of all good that the demon of discord was again banished from our neighbours, and peace and harmony restored.

In the affair alluded to, the Christian natives have given us and the world decisive proof that Christianity has effected a considerable change amongst them; for, had this occurred a few years ago, there was scarcely a man among them who would not have joined one or the other of the contending parties, and clamoured for his brother's blood. The latest accounts Ave have received from the southward state, that peace is restored there also, where war had been raging dreadfully for many months.

"FRIENDS,

"I am commanded by the King to acknowledge the receipt of the letter which you addressed to His Majesty, and which you entrusted to the Missionaries to forward to England.

"The King is much gratified to find that the cause for alarm, which appears to have existed at the time when your letter was written, has entirely passed away; and he trusts that no circumstances may occur in future to interrupt the internal tranquillity of New Zealand, which is so necessary to the maintenance of a close commercial intercourse between its inhabitants and those of Great Britain.

"The King is sorry for the injuries which you inform him that the people of New Zealand have suffered from some of his subjects. But he will do all in his power to prevent the recurrence of such outrages, and to punish the perpetrators of them according to the laws of their country, whenever they can be apprehended and brought to trial; and the King hopes, that mutual good-will and confidence will exist between the people of both countries.

"In order to afford better protection to all classes, both natives of the islands of New Zealand, and British subjects who may proceed, or be already established, there for purposes of trade, the King has sent the bearer of this letter, James Busby, Esq., to reside amongst you as His Majesty's Resident, whose duties will be to investigate all complaints which may be made to him.

"It will also be his endeavour to prevent the arrival among you of men who have been guilty of crimes in their own country, and who may effect their escape from the place to which they may have been banished, as likewise to apprehend such persons of this description as may be found at present at large.

"In return for the anxious desire which will be manifested by the British Resident, to afford his protection to the inhabitants of New Zealand, against any acts of outrage which may be attempted against them by British subjects, it is confidently expected by His Majesty, that on your parts you will render to the Resident that assistance and support which is calculated to promote the object of

his appointment, and to extend to your country all the benefits which it is capable of receiving from its friendship and alliance with Great Britain. I am,

"Your friend,
"GODERICH
"Colonial Office, Downing-street,
14th June, 1832."

"To check as much as possible the enormities complained of and to give encouragement and protection to the well-disposed settlers and traders from Great Britain and this Colony, it has been thought proper to appoint a British subject to reside at New Zealand, in an accredited character, whose principal and most important duty it will be to conciliate the good-will of the native Chiefs, and establish upon a permanent basis that good understanding and confidence which it is important to the interests of Great Britain and of this Colony to perpetuate.

"It may not be easy to lay down any certain rules by which this desirable object is to be accomplished; but it is expected, by the skilful use of those powers which educated man possesses over the wild or half-civilized savage, an influence may be gained by which the authority and strength of the New-Zealand Chiefs will be arranged on the side of the Resident, for the maintenance of tranquility throughout the islands.

"It will be fitting that you explain to the Chiefs the object of your mission, and the anxious desire of His Majesty to suppress by your means the disorders of which they complain; you will also announce your intention of remaining among them, and will claim the protection and privilege which you will tell them are accorded in Europe and America to British subjects holding in foreign States situations similar to yours. You will find it convenient to manage this conference by means of the Missionaries, to whom you will be furnished with credentials, and with whom you are recommended to communicate freely upon the objects of your appointment, and the measures you should adopt in treating with the Chiefs.

"The knowledge which the Missionaries have obtained of the

language, manners, and customs of the natives may become of service to you.

"Assuming, however, that your reception will be as favourable as has been anticipated, I will endeavour to explain to you the manner of proceeding, by which I am of opinion you may best succeed in effecting the object of your mission; you will at the same time understand that the information I have been able to obtain respecting New Zealand, is too imperfect to allow of my presenting you with anything more than a general outline for your guidance, leaving it for your discretion to take such further measures as shall at any time seem needful to arrest British subjects offending against British or Colonial laws in New Zealand.

"By the 9th of George IV. chap. 83, sec. 4th, the Supreme Court in New South Wales and Van Diemen's-Land have power to inquire of, hear, and determine all offences committed in New Zealand by the master and crew of any British ship or vessel, or by any British subject living there: and all persons convicted of such offences may be punished as if the offence had been committed in England. The law having thus given the Court the power to hear and determine offences, it follows as a necessary incident, that it has the power of bringing before it any person against whom any indictment should be found or information filed for any offences within its jurisdiction.

"I would here observe that I can propose no other means by which you can secure the offender than the procuring his apprehension, and delivery on hoard some British ship for conveyance to this country, by means of the native Chiefs, with whom you shall be in communication. It is well known that amongst those Europeans who are leading a wandering and irregular life at New Zealand, are to be found transported felons and offenders escaped from this colony and Van Diemen's-Land. It is desirable that opportunities for the apprehension and transmission of those convicts to either Colony should be promptly embraced.

"The Chiefs are, it is said, well acquainted with the descriptions of the different Europeans residing in their country, and will be found able and willing to point out and secure at a convenient time those whom they know to be fugitives from the Australian colonies. You will be furnished from the office of the principal Superintendent with the names and descriptions of those convicts from New South Wales who are known or suspected to be concealed in the islands of New Zealand, and you will use your own discretion as to the fittest time for causing the apprehension and removal of such as may be within your reach, or are guilty of any offence

against the peace and tranquillity of the country. You will of course take every precaution to avoid the apprehension of a free person in mistake for a convict, as an action for damages would probably follow the commission of such an error. This Government will indeed be disposed to save you harmless in all such cases where becoming circumspection has been used.

"When any of His Majesty's ships are off the coast, you will request the Commander to receive the convicts or other persons arrested by your means for conveyance to this place.

"I would further observe, that, by means of the information which you are likely to receive from the Chiefs, you may become acquainted with the criminal projects of Europeans before their execution, and by a timely interference you may be able altogether to prevent their mischievous designs or render them abortive.

"In the character which you hold, you will be justified in addressing any British subject, to warn him of the danger to which he may be exposed by embarking or persevering in any undertaking of a criminal or doubtful character.

"In the manner I have now described, and by proceedings of a similar character, it may be possible to repress the enormities which have heretofore been perpetrated by British subjects at New Zealand.

"It may also happen that this salutary control will not affect British subjects only, but that the knowledge of there being a functionary stationed in New Zealand, through whom offences committed by the subjects of any other State against the people of that country will be made known to the British Government, and through that Government to the other European and American powers, may induce the subjects of those powers to adopt a less licentious conduct towards the New Zealanders and other inhabitants of the South-Sea Islands,

"There is still another form in which the influence, it is hoped, the British Resident may obtain over the minds of the New-Zealand Chiefs, may be even more beneficially exhibited. It is by your official moderation, the evils of intestine war between rival Chiefs or hostile tribes may be avoided, and their differences peaceably and permanently composed.

"It is also possible that at your suggestion, and by the aid of your counsels, some approach may be made by the natives towards a settled form of Government; and that by the establishment of some system of jurisprudence among them, their Courts may be made to claim the cognizance of ail crimes committed within their territory, and thus may the offending subjects of whatever State he

brought to justice by a less circuitous and more efficient process than by any which I have been able to point out.

"If in addition to the benefits which the British Missionaries are conferring on those Islanders by imparting the inestimable blessings of Christian knowledge, and a pure system of morals, the New Zealanders should obtain, through the means of a British functionary, the institution of courts of justice, established upon a simple and comprehensive basis, some sufficient compensation would seem to be rendered for the injuries heretofore inflicted by our delinquent countrymen.

"Having thus explained to you generally the course of proceeding by which I think your residence in New Zealand may be made conducive to the suppression of the enormities which British subjects and those of other States have been in the habit of committing in these islands, I have only further to observe, that it will be your duty to assist by every means in your power the commercial relation of Great Britain and her colonies with New Zealand. It would indeed be desirable that you become the medium of all communication between the New-Zealand Chiefs and the masters of British or colonial vessels frequenting the coasts, and the merchants and settlers established in the islands. This arrangement will probably grow out of your residence in the country, and you should keep it in view as an important object. You will be pleased to forward by every opportunity a shipping report, setting forth the names, masters, number of crew, tonnage, and countries, of vessels arriving at the Bay of Islands or other ports of New Zealand whence you can obtain correct accounts, with the cargoes of such vessels, their objects in touching at New Zealand, as far as you are informed, and any other particulars concerning them that may be worthy of notice.

"I beg to call your attention to the strange and barbarous traffic in human heads, which certainly did exist to some extent, but which I am given to understand is now nearly abandoned. Should it be found to continue or revive, some legislative enactment may be necessary to prohibit in this Colony the crime and disgrace of participating in so brutalizing a commerce.

"Having already mentioned the assistance which I anticipate you will receive from the Missionaries, I have now only to impress on you the duty of a cordial co-operation with them in the great objects of their solicitude--the extension of Christian knowledge throughout the islands, and the consequent improvement in the habits and morals of the people.

WHAT are the instructions of the British Resident at New Zealand, I have not been able to ascertain. All that it has been in my power to learn of his duties, has been gathered from a letter of introduction from Viscount Goderich to the Chiefs of New Zealand, of which, he was the bearer. What is the character of his authority, or what the extent of his powers, I am altogether ignorant of. He receives his appointment from the Home Government, and his salary from the Colonial Treasury of New South Wales. Lord Goderich's letter, and Mr. Busby's address to the Chiefs on his appointment, will be appended to this Narrative, and found to breathe a kind and gracious spirit towards the inhabitants. Time will more fully develope, and in language of a more definite character, the nature of the Resident's duties, and the benefits reciprocated between the natives and their British and Australian visitors, in consequence of his settlement in the country. There can be no doubt, in the meanwhile, that the presence of an English gentleman of intelligence, possessing an official sanction, and an independent salary, and instructed generally to afford protection equally to all classes, whether natives or foreigners; to prevent the influx into a country, just emerging from the darkness of Heathenism into the light of Christianity and civilization, "of men who have been guilty of crimes in their own country, and who may effect their escape from the place to which they may have been banished," and "whose duties will be to investigate all complaints which may be made to him," must, unless counteracted by local and other opposition, operate beneficially upon the general interests of New Zealand. In order, however, to the efficiency of such a person, he must not be introduced to the Chiefs by a recommendatory letter from one of His Majesty's principal Secretaries of State, and be at the same time treated with contumely by any person to whom his Majesty may confide the government of either of his Majesty's Australian Colonies. It must not be enumerated among his duties in a letter from the throne, the investigation of all complaints which may be made to him, if the government of New South Wales be competent to decide upon

any ex parte statement against the natives, without reference to him at all; and, without investigation of any kind, to act upon that decision, and threaten the natives with not only "the destruction of all their vessels, houses, and settlements near the coast," but in very deed to put that tyrannical threat into literal execution in three cases with the sanguinary accompaniment of an unnecessary sacrifice of human life. Unless there be an extension of the principles of international law to all our intercourse with New Zealand, the erection of that country into a British Residency is an act of inexplicable policy at best, and the appointment of a British Resident, ostensibly to "foster and maintain" a "friendly feeling between the King's subjects and the native inhabitants;" to prevent, as much as possible, the recurrence of those "misunderstandings and quarrels," as Mr. Busby minces what outspeaking truth would call "robberies and murders;" robberies the most barefaced! and murders the most wanton!--to give a greater assurance of safety and just dealing between both countries in their commercial intercourse with each other, is, to say the least of it, perfectly useless. Unless the executive government of our Australian Colonies be instructed to do justly, and to love mercy, and compelled to take counsel with Mr. Busby, and grant a hearing to the New Zealanders when complained of, as well as to the parties who complain of them, His Majesty's representative may be effectually superseded by a figure of stone or wood, set up as an effigy to scare the vultures who would prey upon New Zealand; and the colonial treasury might transfer the amount of his income towards defraying the incidental expenses of a military expedition against the innocent as well as the guilty portion of the inhabitants. (Pages 55-58.)

In the preceding narrative, I have endeavoured to relate events in the exact order of their occurrence; leaving facts to speak for themselves, and principally solicitous of putting facts on record; for all facts are not true, seeing that some things are said to be facts, that never had an existence at all, except in the imagination of the narrator, or in the credulity of the retailer. And some facts are so stated, as to be what Dr. Cullen calls false facts, either, by the omission of something that happened, which, if added, would alter their character; or by the addition of something that never happened, which, from being added to that which did happen, changes truth into falsehood; the one producing the effect of wrong

perspective, the other of faulty colouring, or distortive caricature. In reviewing the whole affair, it is impossible, however, to close one's eyes upon the errors of judgment which attended our expedition, any more than upon the complete success by which its operations were rewarded.

The first question which obtrudes itself is obviously this: Why was His Majesty's Ship Alligator, assisted by a detachment of soldiers, sent to New Zealand to act at all against the natives, without reference to, or the counsel of, His Majesty's accredited representative in that country? And this too in the teeth of the Secretary of State's official letter to the Chiefs, introducing Mr. Busby, concerning whom Lord Goderich writes thus:-- "In order to afford better protection to all classes, both natives of the Islands of New Zealand, and British subjects who may proceed or be already established there for purposes of trade, the King has sent the bearer of this letter, James Busby, Esq., to reside amongst you as His Majesty's Resident, whose duties will be to investigate all complaints which may be made to him" &c.

Again, it cannot fail to be matter of deep surprise, as it ought ever to be a subject of sincere regret, that the expedition, when sent, was so inadequately provided with interpreters. Mr. Battesby's only knowledge of the tongue in which he was appointed to communicate on a question of life and death, had been acquired on Kororarika Beach; while his qualifications for the delicate office of an interpreter, both moral and literary, had been obtained while filling the somewhat different situation of a retail spirit-seller and a marker of billiards at the same place!!

Thirdly. Having a Resident in their country; having provided the people with a flag; having paid national honours to that flag as the standard of an independent nation, albeit a nation of savages; ought we not in our national capacity to have respect to the laws and usages of the New Zealanders, for they are indisputably not without laws of their own, and usages of which they exact the observance among themselves? and prior to making a peremptory demand for the release of their, it might be, lawful prisoners, and that, too, without the ransom they affirmed themselves entitled to; a demand becoming well our power, but of very doubtful propriety if taken in connection with our right to make it, and to make it too at the point of the bayonet; ought not some negotiation to have been entered into; some inquiry to have been made, as to the right of those natives, agreeably to their own laws, to demand such ransom, even when too weak to enforce its payment? "'Tis well to have the giant's power, but tyrannous to use it like a giant."

The British Resident ought to have been applied to, to become the organ of communication between the Government of New South Wales and the New Zealanders at Cape Egmont. A competent interpreter, of unimpeachable veracity, might have been obtained, either from Mr. Busby's own immediate neighbourhood, Paihia, or from the settlement of the Wesleyan Mission at Hokianga; and, if not for the ungracious, undutiful, and hardly loyal purpose of acting under the King's authority, in direct contradiction of the King's word, pledged to the Chiefs of New Zealand, a purpose which I am far from attributing to the Colonial Government of New South Wales, it is difficult to understand why there was nothing like inquiry or preliminary negotiation, unless the ex parte statement of John Guard be inquiry, respecting the particulars attending the loss of the Harriet, seeing that such inquiry might have elicited some truth necessary to be known, and that such negotiation might have placed any ulterior proceedings, however severe, upon the sure basis of justice and moderation. In Lord Goderich's letter, before cited, the natives are led to expect as much: why their right to it, founded upon the promise contained in that letter, should have been so recklessly thrown out of sight altogether, let the local government answer to God and their own conscience; to their King and the country at large they are responsible for involving the national faith in suspicion, and bringing distrust upon the royal word, by a proceeding utterly at variance with a declaration like this:-- "The King is sorry for the injuries which you (the native Chiefs,) inform him that the people of New Zealand have suffered from some of his subjects, But he will do all in his power to prevent the recurrence of such outrages, and to punish the perpetrators of them according to the laws of their country, whenever they can be apprehended and brought to trial; and the King hopes that mutual good-will and confidence will exist between the people of both countries."

Of the errors committed in the execution of the affair, I have occasionally made mention in the course of my narrative. The} consisted, mainly, in exacting too much from the natives, and yielding too little; in acting rather according to momentary impulses, than upon a set of fixed principles; in treating the New Zealanders as savages, and forgetting that they were, notwithstanding, men; in inflicting wrong upon them, and making no reparation, while suffering neither actual nor imaginary wrong from them without inflicting summary vengeance. (Pages 234-237)

1. WE the Hereditary Chiefs and Heads of the tribes of tin northern parts of New Zealand, being assembled at Waitangi in the Bay of Islands, on this 20th day of October 1835, declare the independence of our country, which is hereby constituted and declared to be an independent State, under the designation of "The United Tribes of New Zealand."

2. All sovereign power and authority within the territories of the United Tribes of New Zealand is hereby declared to reside entirely and exclusively in the Hereditary Chiefs and Heads of Tribes in their collective capacity; who also declare that they will not allow any legislative authority separate from themselves in their collective capacity to exist, nor any function of Government to be exercised within the said territories, unless by persons appointed by them, and acting under the authority of laws regularly enacted by them in Congress assembled.

3. The Hereditary Chiefs and Heads of Tribes agree to meet in Congress at Waitangi in the autumn of each year for the purpose of framing laws for the dispensation of justice, the preservation of peace and good order, and the regulation of trade; and they cordially invite the southern tribes to lay aside their private animosities, and to consult the safety and welfare of our common country, by joining the Confederation of the United Tribes.

4. They also agree to send a copy of this Declaration to His Majesty the King of England, to thank him for his acknowledgment of their flag: and in return for the friendship and protection they have shown, and are prepared to show, to such of his subjects as have settled in their country, or resorted to its shores for the purposes of trade, they entreat that he will continue to be the parent of their infant state, and that he will become its protector from all attempts upon its independence.

Agreed to unanimously, on this 28th day of October, 1835, in the presence of His Britannic Majesty's Resident.

ENGLISH WITNESSES,

SIGNED
HENRY WILLIAMS, MISSIONARY, C.M.S.
GEORGE CLARKE, C.M.S.
JAMES C. CLENDON, MERCHANT.
GILBERT MAIR, MERCHANT.

I CERTIFY that the above is a correct copy of the Declaration of the Chiefs, according to the translation of Missionaries who have resided ten years and upwards in the country; and it is transmitted to His Most Gracious Majesty the King of England at the unanimous request of the Chiefs.

Signed
JAMES BUSBY,
British Resident at New Zealand.