Lecture 12- The Declaration of the Treaty Part Two Flashcards
James Busby (1802-1871)
British Resident 1833-1840
- Based at Waitangi
- “A kind of Race relations
Conciliator:” - Protect well disposed
settlers and traders - Prevent outrages by
Europeans against Maori - Apprehend escaped convicts
- Busby was given no
resources to achieve these
ends
He Whakaputanga o Te Rangatiratanga o Niu Tireni
Declaration of Independence of New Zealand
- 20 March 1834 held a hui of chiefs at Waitangi to chose a national flag
- Baron de Thierry, a French aristocrat attempts a sovereign
state around the Hokianga - 28 October 1835 held a second hui at Waitangi and persuaded
34 chiefs to sign a Declaration of Independence of New
Zealand (He Whakaputanga o Te Rangatiratanga o Niu
Tireni) - Further signatures between 1835-1839 made the total to 52
- By July 1839, 52 chiefs had signed He Whakaputanga,
including Te Hāpuku of Ngāti Kahunungu (Wairapapa) and Te
Wherowhero of Tainui (Waikato)
March towards Te Tiriti
Busby reports tribal fighting 1836-1837 Bay of Islands
- Missionaries within New Zealand send reports back to
England about fighting - May 1837 Captain Hobson sent by Governor Bourke of New
South Wales to report on the situation
Hobson in a report to Governor Bourke
recommended the establishment of factories (trading posts) and a treaty to guarantee land holdings
for the factories
1838 Lord Glenelg appoints Hobson consul to New Zealand
- 1839 Lord Normanby approves Hobson as consul, then lieutenant governor. The Declaration of Independence is affirmed.
- 1839 (new) Governor Gipps of NSW issues instructions to Hobson to seek sovereignty for Britain (historians don’t not know why this change to establish a colony occurred –> humanitarian? , economic?)
- January 1840 Hobson sails to New Zealand
Hobson arrives in NZ
-Hobson arrives 29 January 1840
Bay of Islands, Met with Busby,
Charles Baker (a CMS missionary)
and William Colenso (a printer
from Paihia)
- Hobson discusses instructions
received from Lord Normanby - Hobson drafts an invitation to
chiefs. Gives it to Busby who gives
it to Colenso to translate and to
print. - Invitations also sent to settlers of
the area to meet with Hobson the
next day - Treaty is drafted and Henry
Williams translates a copy (Williams responsible for drafting the Maori version).
Drafting the Treaty
1 February Hobson begins drafting the Treaty. Mention is made of the
Confederation of the United Tribes of New Zealand (Rangatira o te
wakaminenga) and the separate and independent Chiefs
- Henry Williams and his son Edward Williams met with Hobson on the
Herald to discuss drafting the Treaty - James Stuart Freeman (Hobson’s private secretary) also assists in the draft
- Hobson increasingly ill
- 2 February Hobson suffers paralysis, and unable to complete the draft
- Busby takes the notes of Hobson, and with James Stuart Freeman takes
them ashore. - Once ashore, Busby, Freeman, Clendon and Alfred Brown help with the
draft. - 3 February Hobson somewhat recovers and discusses the treaty with
Busby, CMS missionaries Henry Williams, Charles Baker, George
Clarke, William Colenso and Richard Taylor.
The drafters of the Treaty (many)
Hobson, Busby, Henry Williams, Edward Williams, Colenso, Clendon (American Resident) , Maunsell, Clark
Final drafts of the Treaty
3 February, Busby and Hobson discuss the Treaty further
- Freeman writes a clean copy from the many drafts
- Hobson asks Henry Williams and Edward Williams to translate the final version
Sections of the treaty
Preamble (Introduction)
* Article I
* Article II
* Article III
Some commentators talk about the
* (Fourth Article) –> there is no 4th section but will be talked about in the 90s/ 2000s = was an oral grantee for Maori (asserted that Maori could practice whatever religion they wanted response to catholic/ protestant conflict in England at the time —>Maori did not understand this).
Article I (Maori versus English versions)
Māori version
* Chiefs gave the Queen “Kawanatanga”
English version
* Chiefs gave the Queen “Sovereignty”
The word sovereignty does not exist in Maori language. Williams came up with Kawana = Governor, Tanga = things associated with a governor. Maori had been exposed to the term governor before through relations with the NSW governor and the the ‘governor of Judah’. Many argue therefore they didn’t hand over sovereignty to the british.
Article II (Maori versus English versions)
Māori version
* Guarantees o ratou w[h]enua o ratou kainga me o ratou taonga katoa
–> lands, homes, things that are treasured are guaranteed.
English version
* Guarantees the chiefs and their respective families and individuals “full exclusive and undisturbed possession of their Lands and Estates, Forests Fisheries and other properties…
–> not a direct translation e.g. other properties are not the same as Taonga Katoa which could include children
Article III (Maori versus English versions)
Queen extended to the Natives Her Royal protection and imparts to them all the Rights and Privileges of British Subjects
–> no translation issues. Giving over the rights and privileges of British subjects = Hapius corpus
5 February 1840 Meeting
- Chiefs were negative about it at first.
- But changed when Tamati Waka Nene, Patuone and Hone Heke spoke in favour of the Treaty –> Nene and Patuone these were signaturatores of the previous independence document and huge amount of respect.
6 February 1840
43 chiefs signed the Treaty at
Waitangi.
- Hone Heke (alias Wiremu
Pokai) was reputed to have
been the first to sign the
Māori version. Hone Heke = very charismatic young chief so helped sway people as well.
Copies of the Treaty
The Waitangi Sheet
* The Manukau-Kāwhia Sheet
* The Waikato-Manukau Sheet (the only sheet written in English –> had copies made)
* The Printed Sheet
* The Tauranga Sheet
* The Bay of Plenty (Fedarb) Sheet
* The Herald (Bunbury) Sheet
* The Cook Strait (Henry Williams) Sheet
* The East Coast (Turanga) Sheet
* Littlewood copy
Manukau Kawhia Copy
Taken by Capt William Symonds
Te Wherowhero Tainui (Waikato) Chief
refused to sign the Treaty.
- He was a signatory to He Whakaputanga o Te Rangatiratanga o Niu Tireni