Historical Background: PDF 142KB

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HE TIROHANGA Ö KAWA KI TE TIRITI O WAITANGIMäori, by reassuring them that their mana would remainuncompromised. The Crown’s benevolence and protection wereemphasized instead. It seems probable that Mäori placed at least asmuch emphasis on these comments as they did on the commitmentsrecorded in the texts, given their traditional familiarity with verbalpacts and agreements. 94 Most Mäori present at the signings wereprobably left with the idea that their authority over their customs andlaw would remain intact, that their tribal rangatiratanga would beenhanced, 95 and that British governance would restore law and orderand ward off French interest in the new colony.Hobson, through his interpreters, gave repeated categorical assurancesat Waitangi and Hokianga “that the Queen did not want the land, butmerely the sovereignty, that she, by her officers, might be able moreeffectually to govern her subjects who had already settled … or might… arrive, and punish those of them who might be guilty of crime”. 96Hobson, through his representatives, also pledged that “[Mäori] landwould never be forcibly taken” and that “truth and justice would alwayscharacterize the proceedings of the Queen’s Government”. 97 BothHobson and Busby assured the chiefs that “all lands unjustly held wouldbe returned” to Mäori. 98 At Kaitaia, Hobson’s representative, Lt.Willoughby Shortland, conveyed the Governor’s explicit message that:“The Queen will not interfere with your native laws or customs”. 99Henry Williams, a senior Anglican missionary at Waitangi, assured thechiefs that:… the missionaries fully approved the Treaty, that it was an actof love towards [the chiefs] on the part of the Queen, who desiredto secure them in their property, rights, and privileges.That this Treaty was a fortress to them against any foreign powerwhich might desire to take possession of their country … 100The assurances of the missionaries were instrumental in persuadingthe chiefs to sign the Treaty and in forging an idea among some Mäorithat the Treaty was like a religious covenant. 101 Hobson lateracknowledged the pivotal role of the missionaries. 102 One historianadds that “by the 1840s Mäori engagement with Christianity was real,deep and broad”, 103 which likely contributed to the significance ofmissionary persuasion during the Treaty signing process. 104The right of pre-emption was presented either as a benefit to be gainedor as a concession for retaining tino rangatiratanga. Mäori chiefs atCoromandel were told by Major Bunbury (Hobson’s representative),through missionary interpreters, that pre-emption was intended “tocheck their imprudently selling their lands without sufficientlybenefiting themselves or obtaining fair equivalent”. 105 The Crown, he32
A GUIDE TO THE PRINCIPLES OF THE TREATY OF WAITANGI AS EXPRESSED BY THE COURTS & THE WAITANGI TRIBUNALpointed out, would instead purchase the land directly from the chiefsat a more just valuation than any speculator might offer. 106 At Taurangaothers were told that pre-emption was “intended equally for theirbenefit and to encourage industrious white men to settle amongstthem”, rather than absentee land speculators taking hold of the land. 107While humanitarian concerns were certainly at work and protectionemphasized, it is unlikely that the Crown’s other interests were fullycommunicated to Mäori signatories. One of the Crown’s aims was tohelp finance the development of the new colony through the profitsfrom land sales, making it financially self-sufficient as soon aspossible. 108 It is unlikely that Mäori were told that Hobson’s instructionswere to pay an amount for their lands that would “bear an exceedinglysmall proportion to the price for which the same land would be resoldby the Government to the Settlers”. 109 Indeed, it appears that Hobsonmay not have made this apparent to others negotiating the Treaty onhis behalf. Busby later reported that neither he nor Williams graspedthe full significance of pre-emption. 110In giving effect to Lord Normanby’s instructions to gain the “free andintelligent consent” of the chiefs, it seems likely that Hobson did notencourage comprehensive debate at Waitangi and elsewhere. Thedebates at Waitangi and Hokianga were reportedly cut short by Hobson,whose primary concern was to quickly secure the cession of sovereignty.Before his representatives took copies of the Treaty elsewhere forsigning, Hobson warned them to expect long speeches “full of angryopposition, and very little to the purpose”. 111 He advised them to seekthe friendship of influential chiefs, who could be counted on topersuade others. 112Mäori responses to the Treaty proposalSome of the speeches given by the chiefs at the Waitangi signing weretranscribed by British observers, and indicate some of the concernsMäori had about the proposed Treaty, at least as those concerns wereunderstood by these observers. Mäori responses to the proposal of atreaty were delivered within Mäori customary procedure of debate.Such procedure may have been unfamiliar to some Europeanobservers 113 and surviving European accounts may “represent thetranslator’s understanding more than Mäori intentions”. 114The account below of the Waitangi signing is based on the recordedobservations of Colenso, a mission printer who attended the gathering.Colenso’s account suggests strong and lengthy challenges, includingallegations and impassioned claims, a firm rejection of the Treatyproposal, the timely appearance of leading rangatira offeringpersuasive oratory in favour of the Treaty, and final consent to the33
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Historical Background: PDF 142KB

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