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Full text of "History of New Zealand"

.IBRARY 



THE UNIVERSFfY 



OF CALIFORNIA 



LOS ANGELES 




HISTORY OF NEW ZEALAND. 

VOL. II. 



HISTOKY 



OF 



NEW ZEALAND. 



BY 

G. W. RUSDEN. 



IN THREE VOLUMES. 
VOLUME II. 



Bonbon : 

CHAPMAN AND HALL, LIMITED. 
MELBOURNE AND SYDNEY: GEORGE ROBEUTSON. 
1883. 

[The Right of Translation and Reproduction is reserved.] 



fSungsiJ : 

CLAY AND TAYLOR, PRINTERS. 



7? fib 



CONTENTS OF VOLUME II. 



CHAPTER X. 

COLONIAL OFFICE REQUIRES INFORMATION ... 

CHAPTER XI. 
GOVERNOR BROWNE'S DEPARTURE 



STATE OF THE MAORIS ... 



THE WELD MINISTRY 



NATIVF. LAND COURT ... 



CHAPTER XII. 



CHAPTER XIII. 



CHAPTER XIV. 



CHAPTER XV. 

SIR GEORGE BOWEN 



CHAPTER XVI. 



PAGE 

1 



148 



COLONEL WHITMORE 



423 



44G 



520 



11 5354 5 



NEW ZEALAND. 

CHAPTER X. 

COLONIAL OFFICE REQUIRES INFORMATION. 

MATERIALS for forming an opinion of the gravity of the 
situation were gradually supplied to the English Government. 
The Duke of Newcastle, until July, 1860, seemed unconscious. 
Parliament slumbered. Not since April, 1854, had New Zealand 
papers been presented. In July, 1860, they were again laid on 
the table. The Duke wrote that he could not " hold out any 
hope that it would be possible to increase permanently the 
present military force ; " sent out four silver-headed sticks " to 
be given by the Governor to chiefs," l and started on a tour with 
the Prince of Wales to the United States, leaving Sir G. Corne- 
wall Lewis and Mr. Chichester Fortescue to sign documents 
until his return. The former of the two brought a judgment 
to bear which the Duke had wanted. He saw danger. Mr- 
Richmond's celebrated but (as he called it) able and interesting 
memorandum shocked him as it had shocked Sir W. Denison. 
Her Majesty's Government had very carefully considered the 
case, and were not prepared to meet Mr. Richmond's wishes. 
" A policy which requires the continual presence of a large force 
carries, in most cases, its condemnation on its face." 

Mr. Richmond did not even hint at the propriety of investing 
the Home Government with larger powers for dealing with the 

1 Colonel Browne gave one forthwith to Hori Kingi Anaua of Wanganui 
(Despatch ; 21et August, 1860). 

VOL. II. B 



2 NEW ZEALAND. 

native question, nor at sharing the expenses of war. Sir G. 
C. Lewis alluded " to these circumstances, not of course as 
relieving the Home Government from the duty of supporting 
the colony against a pressing danger, but because they must 
materially affect the disposition of the British Government and 
people to undertake that indefinite expenditure of blood and 
treasure to which Mr. Richmond invites them." On the 27th 
August, Mr. Fortescue referred to the complimentary addresses 
from provincial bodies to the Governor, and to Bishop Selwyn's 
protest against the address from Hawke's Bay, and while seeing 
no reason to question the justice of the proceedings towards Te 
Rangitake, asked for information upon the important question 
now brought forward, " namely, of an alleged right, distinct from 
one of property, existing in the chief of the tribe to assent to 
or forbid the sale of any land belonging to members of the 
tribe, in cases where all the owners are willing to sell, and how 
far such a right has been or ought to be recognized by the 
Crown." The reader has already been informed that the right 
of Te Rangitake and his followers did not depend only on his 
" mana," but included, besides the common tribal heritage and 
occupation of d9iniciles, special occupation, by tribal arrange- 
ment, of separate portions of the Waitara block. Many facts, 
however, were not officially reported to England for several years, 
and the legal significance of occupation by tribal arrangement 
was not laid down by the Courts until 1869, in the Rangitikei- 
Manawati case ; but it is possible that if Governor Browne had 
made it known the Government in England would have forbidden 
the prosecution of the war. Some occupation was known to 
Mr. Richmond, but he denounced it as an encroachment on the 
proper owners. Mr. Fortescue declared that it was the desire 
of the Government to observe faithfully the letter and the spirit 
of the Waitangi treaty, and asked for full information whether 
apart from the treaty there were reasons in favour of recog- 
nizing Te Rangitake's alleged rights, and whether, as appeared 
" to be the truth, they do not justify the claims of Te Rangitake 
upon the present occasion." 

In reply to this query, Colonel Browne sent (4th December, 
1860) a despatch compiled for him by Mr. F. D. Bell on 
seignorial right. With its enclosures it occupied nearly a 



MR. C. W. RICHMOND'S OPINION. 3 

hundred pages of a Parliamentary blue-book. It very erro- 
neously declared that in the course he was pursuing, the Governor 
was adhering to the policy of Hobson, Fitzroy, and Grey. 
Fitzroy had distinctly recognized those Ngatiawa rights which 
Browne was denying to Te Rangitake; and Fitzroy was reviled 
for so doing by the very men who now applauded Colonel 
Browne for using force to compel land sales. He made many 
false deductions. Mr. Richmond supplied a characteristic 
minute, which was appended to the despatch, as the opinion of 
the Ministers. As to Maori land it contended " it would be 
foolish to seek precedents for the regulation of dealings with 
Europeans in the usages of a period when there were no 
Europeans in the country." The inquiry must be whether the 
right of veto had been recognized or asserted since the settle- 
ment. " If not, no such right can be supposed to exist." Yet 
by the treaty of Waitangi, in 1840, the Queen "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 individually or 
collectively possess, so long as it is their wish and desire to 
retain the same in their possession." In their own generation 
the Ministry were indeed wise to refuse to look back so far. 
But whatever they might refuse to do, the Secretary of State 
should have remembered, or ascertained, that Mr. Spain had 
recorded the fact that Rauparaha had power to forbid a sale of 
land near Otaki. 1 Mr. Richmond concluded with his usual 
formula. To have admitted Te Rangitake's claim would have 
been " the dereliction of a plain duty, and an act of weakness 
unattended by any advantage beyond the postponement of a 
difficulty, which must soon have recurred in an aggravated 
form." With singular contortion of reasoning power, he declared 
that recognition of Rangitake's claims would have been " unjust 
to the native proprietors," and that "it would have been an 
abandonment of the principles laid down and acted upon by 
successive Governors for the settlement of the Ngatiawa claims 
in Taranaki." If the Secretary of State had referred to Captain 
Fitzroy's despatches in 1844, he would have found that an 
1 P. P. 1846. Vol. xxx. p. 102. 

B 2 



4 NEW ZEALAND. 

entirely contrary course was then adopted ; that justice was done 
and peace was maintained. There was a settler who made an 
earnest appeal to the Governor before the troops were marched 
into the field. He asked for a complete public and impartial 
investigation of the title. " Over the whole block rides the 
tribal or public interest . . . were the whole tribe consenting 
the title would of course be clear . . . but Teira, so far from 
having the whole tribe, has only an inconsiderable fraction in 
his favour, while against him is arrayed the great majority 
with the principal chief at their head." We learn from Mr. 
Svvainson l that it was " not until nearly a year after the war 
commenced that it was publicly known that such an appeal had 
been addressed to the Governor." Such were the arts by which 
the Ministerial position was maintained. 

War was meanwhile proceeding at Taranaki. On the 6th 
July the Governor wrote that though his injunction against 
attacking Te Rangi take's bush pah had reference to the probable 
effect of combining the Maoris against British authority, he was 
" well convinced that any attempt to destroy the pah (which 
was almost inaccessible) would prove abortive." Meanwhile, a 
band of the Waikatos went as volunteers to join their country- 
men. A pah, Puketakauere, was built within a mile of the 
English camp at Waitara. There was a skirmish on the 23rd 
June. Colonel Gold having employed Mr. Whiteley the 
missionary to spy the state of the pah (as a guest on the 
previous Sunday), authorized Major Nelson with 348 men of all 
ranks to attack it on the 27th June. Browne reported : " After 
a severe and gallant conflict he was obliged to retire with a 
loss of 30 killed and 34 wounded. . . . This reverse is likely 
to have a prejudicial effect upon our relations with the Maori 
race generally, and it is not easy to foretell the consequences." 
The Governor sent more troops almost denuding Auckland 
and wrote to England for reinforcements. He warned Colonel 
Gold to deal effectively with the enemy, " as the Maoris invari- 
ably construe even escape into victory." Colonel Gold's strength 
at the time was composed of 1188 of regular forces, and 573 

1 'New Zealand and the War ' (p. 97), by William Swainson, formerly 
Attorney-General for New Zealand. Londou : 1802. 



PUKETAKAUEKE. 5 

militia and volunteers; but he found them insufficient. There 
must be immediate reinforcements. Every available soldier 
throughout Australia was required. Heavy guns were indis- 
pensable, the artillery in hand being quite ineffective against 
the Maori fortifications. Puketakauere was indeed a notable dis- 
couragement to those who believed, with Busby, in 1837, that a 
hundred soldiers would be more than a match for the combined 
forces of all New Zealand. The pah was on a ridge between 
two fern-covered gullies. Major Nelson's forces were in three 
divisions, one of which was to cut off the retreat of the Maoris 
towards the Waitara river. The artillery opened fire from 
the north-west about 400 yards from the pah, but no breach 
was made which justified an assault. Suddenly, from the fern, 
unseen Maoris poured a fire on the main body of the troops. 
Major Nelson ordered an advance towards a ditch and bank, 
from whence, in extended order, the natives were firing. The 
advance was made "in a most continued and gallant manner 
until the men reached a deep ravine with an entrenchment 
behind which they found it impossible to pass, it being defended 
by two if not more large bodies of Maoris, who were almost 
entirely concealed behind it, and another entrenchment in rear, 
as well as the very high fern. Here a desperate and destructive 
fire was opened upon us and gallantly returned. Our skir- 
mishers being far fewer in number and exposed in a much 
greater degree than the enemy, I deemed it desirable to direct 
them to join the main body ; and our ammunition being nearly 
expended I withdrew the whole of the men and returned to 
camp in regular orcler." A civilian wrote : l "So much pressed 
were the British at last, that it was only by a timely discharge 
of canister shot that a retreat was effected. ... So hasty was 
the retreat that many of the dead and wounded were left on the 
field, and quantities of ammunition were shot out of the carts 
into the fern to facilitate the flight." 

The troops returned to their camp an hour before noon. The 
Maoris were believed to have been far more numerous than the 
English. It was said that those who were deployed in rear of the 
troops were Ngatiawa, brought by Te Rangitake to aid the men 

1 ' History of Taranaki,' p 208. B. Wells. New Zealand : 1878. 



6 NEW ZEALAND. 

of Waikato in the pah. The latter also sallied forth, and from 
the fern and rifle-pits poured their fire upon the soldiers. After 
an interval of a day the Maoris went forward and buried the 
English dead within a mile of the English camp, and the 
soldiery began to entertain more respect for their foes than was 
felt by the settlers who lusted for the land. Two days before 
the attack on Puketakauere, the Maori king died. One of his 
last acts was to write to his old friend Sir William Martin, and 
beg him to be kind to the Maoris. Colonel Browne, as if uncon- 
scious that his own views had become of no significance, reported 
that he knew not the intention of the king party, but if they would 
abandon their movement, he was prepared to meet their wishes. 
The son of Potatau, called at the time Matutaera, but 
who subsequently took the name Tawhiao, was chosen king. 
Colonel Browne had in April written to Bishop Selwyn, Sir 
William Martin, and Mr. Swainson, asking their opinions as to 
the measures to be proposed to the Maori chiefs at the meeting 
he had convened. They sent him a joint paper on the points 
on which they agreed, with separate papers on other points. 
One passage in the Bishop's paper declaring that "rights 
of ownership of land whether in one or many joint pro- 
prietors were not alienable without the consent of the tribe" 
must have been wormwood to Colonel Browne. One of the 
joint recommendations was that there should be a council of 
advice, appointed by and responsible only to the Crown, in 
native affairs. When the meeting of tribes, convened by the 
Governor, took place, he told the chiefs that the treaty of 
Waitangi would be inviolately maintained by himself and all his 
successors ; but in order to rouse the suspicions of the powerful 
Ngapuhi and others, he affirmed that the king natives desired 
to " assume authority " over other New Zealand tribes, and con- 
templated " the forcible subjection of those tribes who refuse to 
recognize their authority." Nevertheless much of the address 
was kindly. The Governor desired to obtain the views of the 
tribes as to the king movement and to govern wisely. His 
speech was long. But having sent reinforcements to Taranaki 
and received satisfactory assurances from the chiefs at Kohi- 
maraina, he wrote on the 14th July to Colonel Gold : "You will 



KOHIMARAMA MEETING. 7 

now have upwards of 2000 men of all ranks and a large force of 
artillery under your command, and you will, I trust, be able to 
strike a vigorous and effective blow on the rebel forces, either 
on the north or south of New Plymouth." 

The ill-success of the campaign had meanwhile induced 
Major-General Pratt, Commander of the Forces in Australia, to 
take the field, and Colonel Browne (27th July) wrote to him 
that the Maoris were brave and formidable, and " boasted with 
some truth that since our first arrival in the colony the British 
troops have gained no decided advantage over them, though our 
arms have always been immeasurably superior, and our numbers 
often in excess of theirs. . . . Finally, I beg the favour of 
your protection and kindness to the friendly natives, more par- 
ticularly for the chiefs Mahau, Aperahama, Ihaia (the murderer), 
and Teira, and their men . . . faithful allies. ... It is, how- 
ever, quite true that all Maoris will communicate intelligence to 
the enemy; so far from considering such conduct shameful, 
they look upon it as right and chivalrous." . . . Mr. Parris 
possessed his confidence and that of the Government, and he 
begged the General to consult him. 

The great meeting at Kohimarama (on the Melanesian mission 
grounds) commenced on the 10th July, 1860. Two hundred and 
fifty chiefs had been invited from all quarters. About half that 
number attended. The Governor read his address in English. 
McLean read a translation in Maori. There was deep attention. 
The chiefs were then presented to his Excellency by McLean ; 
the Governor departed ; the chiefs returned to the conference. 
The districts most fully represented were the Bay of Islands, 
Kaipara, Auckland, the Bay of Plenty, Wairarapa, and the west 
coast from Wellington to Wanganui. There were some members 
of the Ngatiawa tribe, but the Thames, Waikato, Taupo, Upper 
Wanganui, and Taranaki tribes were barely represented. For 
a few days the orators generally advocated loyalty and peace. 
The haste with which the Governor had made war was animad- 
verted on by all except the Ngapuhi. It was resolved to send 
written replies to the Governor's speech. They may be seen in 
the Parliamentary blue-books. Many of them expressed regret 
that the Maoris did not see Colonel Browne as they used to see 



8 NEW ZEALAND. 

his predecessor. Some did not allude to the Taranaki war. 
The Ngapuhi addresses, two in number, breathed thorough 
loyalty to the Queen, and hostility to the Maori king move- 
ment and Te Rangitake. The Ngatiawa were less devoted. 
England had failed in duty in many respects. Land Commis- 
sioners believed three witnesses, but would not listen to a host 
who contradicted them. Maoris were not permitted to lease 
land to Pakehas ; which was unjust. The Governor ought not 
to have sent abroad for soldiers to attack Te Rangitake, who 
only sought help from the Waikatos in New Zealand. The two 
first Governors had done no good ; Governor Grey did much 
good ; of the fourth Governor they did not know the thoughts 
except that he was in haste to fight Te Rangitake, which was 
alarming. The majority of the tribes expressed staunch loyalty, 
and some at the same time urged that peace should be made 
with Te Rangitake. 

In the second week of the conference, the Governor sent 
several messages. One (16th July) was accompanied by "rules 
for the proper administration of justice," which he said had 
been carefully prepared by the friend of the Maoris, the late 
Chief Justice. Another (18th July) asked the opinion of the 
chiefs as to " the difficulties and complications of the ownership 
of land," and promised co-operation " in any system they might 
recommend, provided it would really attain the desired end." 
A third (19th July) declared that McLean was instructed to 
explain the Taranaki events to the chiefs, in accordance with 
their wish. The administration of justice, and land questions, 
were discussed, but relegated to deliberation by the tribes at 
their homes. McLean spoke for four hours, detailing the Govern- 
ment view of Te Rangitake's claim, to an intent auditory. Still 
the chiefs seemed to hope that peace would be made. In the 
third week the Governor sent a message suggesting juries de 
medietate linguce, and asked for the views of the chiefs. Some 
received the suggestion favourably, but no resolution was arrived 
at. The Governor and his wife dined with the chiefs in the 
hall at Kohimarama in the third week, and gained popularity 
by doing so. After an adjournment of a few days, the chiefs, on 
reassembling, prayed that the native conference might be held 
periodically. Some said that if it had been thought of sooner, 



MCLEAN'S EQUIVOCAL DEFENCE. 9 

there would have been no Maori king, no Taranaki war. 
Again they discussed the latter question, and finally decided 
that Hohepa Tamaihengia should visit Te Rangitake and explain 
the feelings of the conference. On the 10th August, resolutions 
were formally carried disapproving the Maori king movement, 
justifying the Governor, condemning Te Rangitake and his 
allies; highly praising the idea of holding the conference (or 
Runanga), and complimenting Mr. McLean. Three chiefs 
recorded their protest against the condemnation of Te Rangitake. 
On the llth August, the Governor closed the conference with a 
complimentary speech, promising to convene them in the follow- 
ing year. He did not tell them of the urgency with which he 
had pressed upon General Pratt that military success must be 
at once obtained. Mr. Smith, Assistant Native Secretary, 
reported that the experiment had been so far successful, and 
might be made effective, under judicious management, for 
removing most of the difficulties attending native affairs. He 
called special attention to the conspicuous abilities of Tamihana 
Te Rauparaha and another Otaki chieftain, as well as to the 
important declarations of Waka Nene and Wiremu Nera, that 
they were ready to prove by deeds their loyalty to the Queen. 
Mr. Smith thought such announcements would have a good 
effect throughout the island. 

To complete the papers to be presented to the General 
Assembly, the Governor on the 20th July had asked Mr. McLean 
whether the sellers of the Waitara block were justified in selling 
to the Government, and whether Rangitake had any right to 
interfere. McLean answered the first question affirmatively, 
and the second in the negative. When this statement was 
made public, Archdeacon Had field wrote in a newspaper that 
Mr. McLean had himself informed the Archdeacon that he 
(McLean) had not investigated Te Rangitake's title, and that 
a chief, Matene Te Whiwhi, averred that McLean expressed his 
regret that the Governor had been so hasty as to eject Te Rangi- 
take by force without further investigation. McLean's defence 
was equivocal. He had initiated the investigation, though it 
was completed by an officer of the department, under McLean's 
instructions. He had told the Bishop of Wellington that he 
was " impressed with the belief that Te Rangitake's claim was 



10 NEW ZEALAND. 

unfounded." " It is quite possible that I may have said that I 
had not personally instituted an inquiry on the spot immedi- 
ately previous to the breaking out of hostilities." " I may have 
said that the cession by Te Teira would not be sufficient alone, 
unless he were joined, as he has been, by other influential 
claimants." It was the chief Matene who complained of the 
hastiness of the Government, and McLean had only admitted 
that such was the general opinion among the natives, which 
McLean combated in his conversation. His state of health had 
"made it impossible" for McLean to make personal inquiry as 
to Teira's title. On the 30th July, the Governor opened the 
General Assembly at Auckland. He arraigned Te Rangitake 
for forbidding a sale of land " to which he neither asserted nor 
possessed any title ; " a daring untruth which his more astute 
advisers must have propounded with misgiving, and which must 
have been heard with astonishment. The speech alluded to the 
conference at Kohimarama, from which the Governor expected 
good results. The two Houses cordially echoed the speech, and 
the Taranaki war formed the subject of protracted debates. On 
the 30th August, by eleven votes against three, the Governor's 
proceedings were approved by the Council; but one of the 
dissentients was Mr. Swainson. On the 16th August, the repre- 
sentatives resolved, after various proposed amendments, and 
nights' and days' debates : " That in the opinion of this House, 
the interference of Te Rangitake at Waitara, and his resort to 
force to prevent the survey of land there, rendered the measures 
adopted by his Excellency the Governor indispensable for the 
due maintenance of Her Majesty's sovereignty, and that the 
welfare of both races of Her Majesty's subjects peremptorily 
requires a vigorous prosecution of the war to a successful 
termination." 

Little did Colonel Browne and his advisers expect that 
in three short years the Government of New Zealand would 
be forced to confess that Bishop Selwyn and the Archdeacon 
were wise, and that the claim of Te Rangitake was righteous. 
But Governor Browne, in reporting the resolution of the 1 6th 
August, did, scant justice to the representatives. He stated 
that some leaders of the Opposition were absent from the 
division, being unwilling to commit themselves definitely against 



DEBATES IN GENERAL ASSEMBLY. 11 

the war, but he did not state that there had been divisions in 
which the Government majority was less than on the final vote. 
The Opposition waited to see what the Ministry would do. Mr. 
Richmond, on the 3rd August, moved for leave to bring in a 
'* Native Offenders Bill," and in doing so treated of the Tarauaki 
war. He would, in future, move for a Committee to report 
upon the expediency of a change in the existing mode of extin- 
guishing the native title, and would afterwards make proposals 
for the civil government of the natives. His own arguments 
and those of Mr. Forsaith, Dr. Featherston, and others who 
opposed or supported him, have been quoted already, so far as 
it is necessary to cite them. The eloquent appeal of Dr. 
Featherston on behalf of the Maori people, unrepresented in 
the House, provoked applause, but did not persuade the repre- 
sentatives to mete out the justice demanded. Yet Dr. Feather- 
ston, believing the war to be unjust and unholy, saw that 
retreat was dangerous, while success was shocking. Mr. Carleton 
moved for a Committee of Inquiry into the causes which led to 
the war. He was one of those who opposed the Native Offenders 
Bill. He laughed at Mr. Richmond's idea that the District 
Commissioner was himself a Court capable of determining the 
Waitara dispute : " a Court that was at once judge, jury, and 
plaintiff." ..." A District Commissioner (to borrow Mr. Rich- 
mond's words) to have power to declare a native claim ' a bag of 
wind ! ' He (Mr. Carleton) knew more of classics than of law, 
and remembered what happened to those who were entrusted by 
^Eolus with the bags of wind. They let the wind out and 
raised a storm that wrecked them. We too were in a storm, 
and had yet to weather it." Mr. Carleton, in moving (August, 
1860) for a Committee of Inquiry, declared that " the Govern- 
ment case had completely broken down." Te Rangitake's 
eloquent and forcible letter completely cut away the plea that 
he had no right to the Waitara land. The Government 
professed a willingness for inquiry, but they and their supporters 
thwarted it. Amendments were moved, and finally inquiry was 
forbidden. Amongst Mr. Carleton's supporters were Mr. Fitz- 
herbert, Mr. Forsaith, Dr. Featherston, Mr. Bell, and Mr. Fox. 
The amendment (carried by Mr. Sewell) was that Archdeacon 
Hadfield and Donald McLean should be examined at the bar 



12 NEW ZEALAND. 

of the House. Their opinions differed as to Te Rangitake's 
rights. The Governor triumphantly reported that the justice of 
his measures was asserted in the last division by 19 votes 
against 4 ; but it was impossible to gather from his despatch 
that in preliminary debates the majority was narrower, and that 
some members confessed with what reluctance they sanctioned 
an unjust war which, when entered upon, they felt it dangerous 
to the reputation of the Government to abandon. Of the dis- 
cussions, at the close of which the New Zealand members 
virtually followed the Governor in submitting to the Ministry, 
it is just to furnish a short narrative. 

Mr. Forsaith sadly admitted that no retreat could be made, 
but affirmed that the Ministry had " completely failed in dis- 
proving the assertion that in advising the course that led to 
the war they had been over-hasty and inconsiderate." Mr. 
Fitzherbert "contended for justice to the Maoris." He depre- 
cated the "offensive and hostile expressions used by the Native 
Minister" (Mr. C. W. Richmond). There had not been sufficient 
investigation before the purchase was concluded. Mr. William- 
son (Superintendent of the Auckland Province), while declaring 
his intention to oppose Mr. Carleton's motion, "could not acquit 
the honourable gentlemen at the head of affairs of having 
imprudently and too hastily advised the steps which led to active 
hostilities." ..." He thought they ought not to have given the 
advice which it appears they did." Yet Mr. Williamson, while 
of opinion that the purchase from Teira was valid, hoped that 
the war would not be prosecuted to the bitter end, but that by 
the aid of friendly chiefs it might be brought to a close. Mr. J. 
C. Richmond denied that the war was " for a plot of land," but 
admitted that the " case of Ihaia was not a nice one for the 
Governor to take up, for Ihaia's hands were deep in blood." 
But the war must be prosecuted, and he charged the Commander 
of the Forces with "signal and unprecedented incapability." 
Mr. Fitzgerald, objecting to the appointment of a Select Com- 
mittee, moved that evidence be taken at the bar of the House. 
" He thought the Ministry had exercised every necessary " pre- 
caution before advising his Excellency." Mr. Fox, who had 
pro forrnd seconded Mr. Carleton's motion, supported Mr. Fitz- 
gerald's amendment. He arraigned Governor Fitzroy's vacillating 



DEBATES IN ASSEMBLY. 13 

policy, and charged Governor Grey with feebleness and an 
injurious desire to govern the Maoris by means of "personal 
influence." Governor Browne had "taken too little pains to 
ingratiate himself with the natives." He had given way to 
" pressure from without." When he remembered that the Native 
Minister was member for Taranaki, and the petition from the 
Taranaki Provincial Council urging the Governor to obtain land 
by coercion, on the ground that the natives were too weak to 
resist, he thought such sentiments "unworthy of a British 
community only worthy those whom his Excellency's advisers 
had styled ' hoary cannibals living in a state of beastly com- 
munism.' . . . All compulsion was contrary to the treaty of 
Waitangi. . . . The dispute should have been disposed of by 
other means before an appeal was made to arms. ... If the 
purchase was completed why were not the title-deeds laid on 
the table ? " . . . Mr. C. W. Richmond interjected that " the 
purchase-deed was not usually made out till after the money 
had been paid. In this case it had been thought prudent to 
make it out sooner . . . because in the state of disorder it was 
quite possible that some of the claimants might have been 
killed." Then, said Mr. Fox, "the deed was executed before 
the purchase was completed." " No," replied Mr. Richmond ; 
" it had been completed since the beginning of the war." But, 
retorted Fox, " the honourable member has told us that one of 
the boundaries was not yet drawn. . . . The interruptions made 
the case worse. " . . . " With an incomplete purchase, hurriedly 
effected, and without any foresight of the consequences, the 
colony had been plunged into war. He felt bound as a member 
of the House, as a man/ and as a citizen, to vote for an inquiry." 
Dr. Monro taunted Mr. Fox for his new-born zeal for the treaty 
of Waitangi. Did he, when a servant of the New Zealand 
Company, abandon his employers because they termed the 
treaty a "device to amuse naked savages" ? Dr. Monro wished 
to see " the subjugation of the rebels accomplished in the first 
instance." They could think afterwards of schemes for dealing 
with native questions. Mr. Brown advocated inquiry. 

Mr. Sewell (who had ceased to be a Minister in 1859) thought 
a general inquiry useless, but as Archdeacon Hadfield's name 
had been made use of, considered that he and Mr. McLean might 



14 NEW ZEALAND. 

be examined. Mr. J. C. Richmond violently assailed Te Rangi- 
take. In coupling the name of Parris with that of Ihaia, Te 
Rangitake proved that, as he recklessly murdered character, he 
would " not scruple at anything to attain his ends." As to Mr. 
Fox's attack on the petition of the Taranaki Council, though 
Mr. J. C. Richmond had no hand in framing it, he was " willing 
to adopt its opinions." . . . The " petition has no humbug about 
it ; it plainly states all the wishes of the petitioners." As for the 
treaty of Waitangi, " it was at an end as far as these tribes were 
concerned by their act," when they marched in armed parties at 
Taranaki, in defiance of the Governor's proclamation, when the 
natives were quarrelling. Mr. Daldy, a member of Mr. Fox's 
brief administration in 1856, advocated inquiry. Mr. C. W. 
Richmond declared that the Ministry assumed a neutral position 
as to the motion for inquiry, but asked the House in " common 
justice " to consider the position of the Governor in guiding " the 
great machine of representative government." The line taken 
by some members raised in his " mind some serious reflections 
as to the fitness of Parliamentary Government for a country in 
the position of New Zealand." Mr. Dillon Bell deprecated 
animadversions upon the Governor ; Mr. Brandon supported the 
motion for inquiry ; and Colonel Haultain regretted the attack 
which had been made by Mr. J. C. Richmond on the Commander 
of the Forces, who had received special instructions (not to attack 
Te Rangitake on his own ground). Mr. Sewell, when the result 
of the debate seemed doubtful, (as a friend of his recent 
colleagues) moved that Archdeacon Hadfield and Mr. Donald 
McLean be heard at the bar of the House. Mr. Forsaith 
traversed the allegation that the Government had been forced 
into the war. They had taken a position that forced it. He 
thought a Committee of Inquiry should be chosen by ballot. It 
was pitiable to watch the impotent attempts of the Native 
Minister to extricate himself from the dilemma he was placed 
in by Mr. Fox as to the purchase-deed. Mr. King (one of the 
Provincial Council at Taranaki which petitioned the Assembly to 
permit Maoris to sell, whether they formed "a majority or only 
a large minority of claimants," and asked the Government to 
compel "an equitable division of the Maori common land,") 
stepped forward to take his share of responsibility for the 



DEBATES IN ASSEMBLY. 15 

petition. Mr. Clark, confessing his ignorance of Maori language 
and usages, looked upon the "war, however we may grieve 
over it, as one of necessity." Mr. Fitzgerald's amendment 
wad lost by 15 votes against 18. Mr. Carleton's motion 
was lost by 14 votes against 19. Mr. Sewell's amendment 
was carried by 18 votes against 12. The Archdeacon, ex- 
amined by Mr. Fitzherbert, was cross-examined by Mr. C. W. 
Richmond and others. Mr. McLean, examined by Messrs C. W. 
and J. C. Richmond, was cross-examined by Mr. Fox. Their 
opinions have been sufficiently set forth in these pages. 
Afterwards Mr. Stafford carried, by 19 votes against 4, the 
resolution already quoted, which supported "the measures 
adopted by his Excellency" at Taranaki. The division was 
taken on a proposition made by Mr. Carleton to omit the words 
declaring those measures indispensable, and to retain those 
which asserted that " a vigorous prosecution of the war " was 
required. 

Mr. Dillon Bell's speech showed how grinding was the pres- 
sure of events upon men's minds. He voted for Mr. Stafford's 
motion, but "thought it extremely probable we should find 
some of those now in arms against us could show a good title to 
some of Teira's block." He had thought so before, and the 
evidence of the Archdeacon and Mr. McLean confirmed the 
opinion. Yet Mr. Bell (not ignorant of the Maori character) 
would decline to hear their claims unless " they choose to come 
in as peaceful citizens." Had he been entitled to advise the 
Governor in March, 1859, he would have warned him that he 
was " getting into an almost insuperable difficulty " at Waitara ; 
but he was indignant with Te Rangitake for " rejecting with 
contumacious insolence " the Governor's offer of a safe-conduct. 
Though the resolution ought to have stated that the steps taken 
were justifiable, not " indispensable," Mr. Bell would vote for it. 
He had many friends amongst the Maoris, but it was true mercy 
to teach them to submit to law by a war which he viewed " with 
most real grief." 

Dr. Featherston inveighed, not against the Governor, but 
against the Ministry " who had so wantonly, so recklessly pro- 
voked " war. If with 3000 soldiers the position at Taranaki was 
barely tenable, how many would be required if the tribes in 



16 NEW ZEALAND. 

general should rise against injustice ? "I cannot help saying, 
that unless some unlooked-for success be shortly achieved, the 
question which this House will have to consider will be (if 
indeed it is not its duty at once to decide it), whether you are 
prepared to sacrifice the whole colony, or to sacrifice those who 
have plunged us into this wretched, this miserable war." 

Mr. C. W. Richmond denied that he had brought pressure to 
bear upon the Governor. He thought only "two or three 
Europeans in Taranaki knew " beforehand that Teira intended 
to offer the Waitara block to the Governor, and his own " pre- 
sence was accidental." Forgetting his urgent note to Mr. 
Parris, 1 or drawing a distinction between letters to him and to 
ordinary persons, Mr. Richmond declared : " After the offer was 
made and accepted, I never corresponded with any New 'Ply- 
mouth settlers upon the subject. . . . Could the Governor 
recede from the engagement he had made ? His Excellency 
thought not, and we agreed with him. And I now declare, in 
view of all the calamities we are witnessing, that I should under 
the like circumstances give the same advice again. . . . We 
believed, and I still believe, that the force at command was, if 
properly handled, quite sufficient to overawe, or, if need were, 
to strike a decided blow at Te Rangitake, which would have 
terminated the war." 

Mr. Fox hoped that the Native Minister would be able to 
show that " he and some of his constituents were not the 
authors of the war." 2 " It was the general desire of the hon- 
ourable member and his constituents at Taranaki, to which he 
pointed as the key to this war." 

Mr. Weld, who had become a member of the Government in 
July, recurred to the argument that a Maori ought not to be 
allowed to prefer "a claim with arms in his hands." He 
defended Mr. C. W. Richmond against Mr. Fox's imputations. 

1 Quoted previously, vol. i. p. 623. 

2 The difficulty of analyzing the contemporary statements about New 
Zealand affairs is shown in the fact that though Mr. Fox so vigorously 
inculpated the Ministry in 1860, he used very different language in 1876. 
Addressing the Royal Colonial Institute (23rd May) in London, he said : 
" I am bold to affirm that the colonists were not in any case responsible 
for the wars (in New Zealand)." 'Proceedings, Royal Colonial Institute, 
1875-6.' 



THE GOVERNOR'S DESPATCHES. 17 

Mr. Fitzherbert defended Te Rangitake, and averred that 
the marked contrast between the conduct of the Government at 
Taranaki and elsewhere showed " sinister influence exerted 
when it was hoped to be likely to favour the constituents and 
immediate dependents of the Native Minister." Subsequent 
speakers declined to relieve the Ministry of the burden which 
was sought to be placed upon the Governor. Mr. Carter said : 
" The Ministry entered on this war on their own responsibility, 
and unprepared for it." Mr. Stafford, confident of a majority, 
did not repudiate the imputation. "The time had come (he 
said), if ever, when in mercy to the natives the law must be 
upheld ; this was the influence by which his Excellency and his 
advisers had been actuated." By the passing of Stafford's reso- 
lution war to the knife was declared ; and it has been necessary 
to describe fully the proceedings which sanctioned it. Colonel 
Browne accounted for the small number of members who voted, 
by saying that perhaps some Opposition leaders did not wish " to 
commit themselves too definitely against the war;" that some 
Government supporters " did not take the trouble to attend ; " 
and some members "recognized the justice of the war, but 
objected to a portion of the words of the resolution." Thus it 
came to pass that less than a majority of the House committed 
it to war ; l and that the votes of representatives from the 
Middle Island overbore those of members from the north. A 
double curse followed. The dwellers in the north suffered 
for the crimes of the southern members. Unconscious of the 
common tenure of Maori land, or incapable of comprehending it, 
Colonel Browne reiterated his assertion that Te Rangitake had 
no claim on the Waitara block " that the title of the vendors 
had been carefully investigated and proved good," and that 
" other claimants cited by Archdeacon Hadfield had been stimu- 
lated to put forward groundless claims by the agitation carried 
on by Europeans." His advisers were at his side 2 when, he 

1 The extracts in the text were transmitted with his despatches by the 
Governor. They were contained ; a a newspaper, favourable to Mr. Rich- 
mond ; the ' New Zealander.' 

2 As Colonel Browne's friorHls have denied that he was so weak as to 
have been influenced by others to abandon his previous determination 
about coercing Maoris to soil luud, it may be well to show that one of the 
ablest men in New Zealand thought at the time that he was so influenced. 

VOL. II. c 



18 NEW ZEALAND. 

added, that Te Rangitake' s letters to Archdeacon Hadfield " set 
forth no definite claim," and that the Archdeacon would " better 

Tn 1858, in opposing Mr. Richmond's views on the Native Territorial Rights 
Bill, Colonel Browne cited the late Chief Justice Martin as one " whose 
experience and intimate acquaintance with the Maoris cause him to be 
recognized as an undisputed authority in everything relating to them" 
(P. P. 1860, vol. xlvii. p. 18). In September, 1859, before he was com- 
pletely enmeshed, Colonel Browne wrote : " The Europeans covet these 
lands, and are determined to enter in and possess them Rede si possint, si 
mm quocunque modo" (ibid. p. 78). In the same paper he sighed for a 
council of advice (on Maori matters) containing Bishop Selwyn and Mr. 
Martin. In December, 1860, he aspersed Hadfield, and disputed with the 
late Chief Justice as to the true construction of the treaty of Wa4tangi, 
and of Maori terms and usages. Only a mental paroxysm could account 
for such a conversion, except on the supposition that outside influences 
had overborne the Governor. Archdeacon Henry Williams wrote thus 
privately to England : " Another Maori war, wantonly brought on by the 
Governor in the forcing of a disputed claim of land. ... I stand aloof, not 
being yet brought into collision. . . . Where war will terminate no one 
can surmise. . . . Hadfield, tainted with the familiar term of traitor given 
to any one who may differ from them. . . The language used by the 
Europeans towards the natives is extremely vile, and I am prepared to 
expect sad work." Again (July, 1860) the same keen observer wrote : 
"The country is involved in war through the folly of our self-willed 
Ministers, men of no experience in native matters. . . The Bishop and 
the missionaries are most fearfully abused as traitors and busy-bodies. . . 
Hadfield is in sad disgrace with the Government, having ventured to 
protest against this war. The Governor is a good man, but exceedingly 
weak, unable to resist his Ministers. The war is very popular, in the 
hopes of smashing the people altogether." Time has accustomed the 
colonists to hear of, if not acknowledge, the injustice of the war. In 1881, 
Mr. Swanson (member for Newton) said in Parliament: "It was nothing 
but an attempt to rob Te Rangitake of his land ; one of the most unjust 
things overdone; and it was proved to be unjust, and the land had to 
be given back to him. Why, the very ' Gazettes ' were falsified. The Maori 
was on one side, and the English on the other, and there were falsehoods 
on the face of it. The English said, 'The land is Teira's, but I will 
not allow it to be sold.' What was on the Maori side ? The land was 
Teira's, but it is no more his property than the property of the rest of 

us, and I will not allow it to be sold which made all the difference. 

... A great majority of the representatives from Auckland were for 
peace, and were even in favour of having the matter talked over with Te 
Rangitake, but they were hounded down as traitors, and I say it is unjust 
and untrue to say that the northern people got up that war. ... If it had 
not been for the southern men we never should have spent either blood 
or money over it. That is how it was, and every northern man knows 
it." 'New Zealand,' Hansard, 5th September, 1881. 



NATIVE OFFENDERS BILL. 19 

have fulfilled the duty of a loyal subject of the Queen if he had 
communicated them to me as the writer desired, instead of 
reserving them for use when he could appear in the character of 
an accuser." But those eloquent letters produced no generous 
feeling towards their writer, though their non- production was 
made a ground of complaint against, the Archdeacon. Neither 
had Colonel Browne heeded the earnest letter which Te Rangi- 
take wrote to him before the rape of the Waitara. Recently he 
had described Hadfield as " more thoroughly acquainted with the 
Maoris than any European in the country," and had urged that 
a council on advice on native affairs, which contained Bishop 
Selwyn and Sir W. Martin, would be so strong that calumny 
could not injure it. In reporting the debate he was so swayed 
by Mr. Richmond that half of his despatch (which, " to secure 
accuracy," was " shown to his advisers ") was an indictment of 
the Archdeacon. Mr. Richmond, denying that the Governor had 
been influenced by him, rejoiced in the advice he had given, and 
boasted that if the thing were again to be done he would gladly 
give the word for war. 

The Governor and his advisers relied upon their Kohimarama 
conference. They intended to hold another in 1861, and to 
obtain its deliberate opinion whether such conferences should be 
permanent institutions. The questions of " tribal title, ultimate 
individualization of native title, and the constitution of tribunals 
to determine Maori disputes amongst themselves about terri- 
torial rights," were, as Mr. Richmond informed the House, to 
be referred to the conference of 1861. But other members 
were less sanguine than he in expecting that by such means the 
king movement could be extinguished. He introduced a Native 
Offenders Bill, giving enormous powers to the Governor in pro- 
claiming districts within which it should be unlawful to hold 
communication with the Maoris. There was excitement in 
Waikato while the Assembly discussed the Bill. Though the 
second reading was passed, the measure was afterwards shelved. 

Bishop Selwyn, Hadfield, Maunsell, and others protested 
against the power of outlawing districts. It seemed to them 
that the Bill enabled the Governor to determine what was law, 
to decide who had offended, to ban any combination of natives, 
and to construe into an unlawful purpose any proceeding of the 



C 2 



20 NEW ZEALAND. 

natives not specially described in the Bill. They asked that no 
British subject should be subject to penalty or disability " with- 
out being brought to answer by due process of law." Stafford 
angrily accused the Bishop of lending his name to inflame 
passions and retard peace. The correspondence, perhaps, 
strengthened the Opposition in strangling Mr. Richmond's Bill. 

A Bill to create a Council to assist in managing native 
affairs was reserved by the Governor for the Royal pleasure. 
The Council was to be appointed by the Crown. But its func- 
tions were to advise on all matters on which the Government 
might consult it, to assist in drafting laws, and to " act in special 
cases in an administrative capacity at the instance of the 
Governor in Council." Mr. Fox moved resolutions expressing 
regret that the Imperial Government had brought in a Bill 
removing native affairs from control of the New Zealand Legis- 
lature, and a Joint Committee of both Houses recommended 
that there should be a Council of advice on native affairs, 
appointed by the Crown, and consulted on all occasions by the 
local government, which should nevertheless exercise discretion 
as to accepting the advice of the Council. The Bill framed on 
this recommendation was amended at a Free Conference between 
the Houses ; and on the motion of Mr. Sewell it was resolved to 
defer passing the Bill until the precise views of the Governor 
were ascertained, the House being desirous that the ordinary 
control of native affairs should be placed under responsible 
Ministers, " subject to the provisions of the Bill, and to the proper 
constitutional action of the Supreme Head of the Executive." 

Thus challenged, the Governor accepted the resolution, with 
the proviso that the " constitutional action " should " have the 
same interpretation as regarded native affairs as in reference to 
other Imperial subjects." 

The Bill introduced in the Imperial Parliament came to an 
untimely end. Mr. Fitzgerald, the rhapsodist of Godley, and 
editor of a Canterbury newspaper, at once assailed the Bill as 
curtailing colonial privileges. It contained every vice, and was 
called for by no necessity. It would make matters worse 
instead of better during the war. He denied that there had 
ever been a disposition to starve the native department, or to 
exhibit any narrow jealousy of the natives. 



NATIVE COUNCIL BILL. 21 

Mr. Fortescue, in August, 1860, told the Governor that the 
Bill had been withdrawn. Influential colonists opposed it as an 
invasion of their privileges, and other persons were hostile 
because they feared that English interference might imply cor- 
relative responsibility in war. Mr. Fortescue added that the 
Ministry considered it " their duty not merely to maintain the 
nominal authority of the Governor in native affairs, but as far 
as they properly can (under the New Zealand Constitution Act) 
to furnish him with the means of effectively exercising that 
authority." Mr. Fortescue had (perhaps unconsciously) truth- 
fully denned the authority which remained with the Governor. 
That gentleman himself incidentally described his wavering and 
weaponless condition. His local Native Council Bill suffered 
so much change in the House that it was only at his earnest 
entreaty that Donald McLean consented to sit in the Council 
if the Bill should receive the Royal assent in England. Mr. 
F. Dillon Bell was to be Secretary, and Lieutenant Nugent, 
58th Regiment, was to be member of the Council. To the 
Governor's " great regret " Sir W. Martin declined a seat on 
the Council proposed to be constituted. In sending the mangled 
Bill to England the Governor admitted that the relations be- 
tween himself and his responsible advisers were unsatisfactory. 
" I believe," he said, " there has been little or no difference of 
opinion between myself and Mr. Richmond ; but the responsi- 
bility has rested on me, while, with the exception of 7000 a- 
year (the appropriation of which I cannot alter without the 
consent of my advisers), the power of the purse, which is all but 
absolute, has been altogether in the hands of Ministers. This 
has been an unequal and unsatisfactory division." His conver- 
sion to Mr. Richmond's ideas, which he had once so sternly con- 
demned, was too sincere to allow him to perceive whither he 
was being led. He lost no opportunity of praising his tempter. 
He sent copies of Richmond's speeches, with high commenda- 
tions, to England. The Ministry was in danger during the 
session, but it was on the burning question of provincial 
finances. In committee on resolutions (moved by Mr. Rich- 
mond on native policy) the disposal of proceeds of land sales 
was involved. Forthwith a more vigorous sense possessed the 
members than when justice to Maoris was in question. Mr. 



22 NEW ZEALAND. 

Fox protested against " any tampering with the compact of 
1856." The Ministerial phalanx lost a few members. The 
division was 17 against 17. The chairman voted against the 
Government. On another occasion they were in danger : and 
even on the war they had advised, their position was insecure. 

It was during the session of 1860 that the House of Repre- 
sentatives appointed a Select Committee to inquire into the 
circumstances under which Mr. Fenton's mission in 1857 was 
undertaken, " to introduce institutions of civil government " in 
the Waikato district. So far as their labours elicited facts 
occurring in 1857 and 1858, and distributed doubtful blame 
between the Native Secretary, Mr. C. W. Richmond and others, 
it has been convenient to state the results in preceding pages. 
But they sat often and long. They gave an Arawa chief, Wiremu 
Maihe Rangikaheke (a clever debater, of eager manner, and 
with an European cast of countenance)^ a message inviting the 
attendance of Te Waharoa the king-maker. McLean, who had 
in 1857 jealously rebuffed that chief when on a visit to Auck- 
land, disapproved of the invitation, and induced Rangikaheke 
to disregard the Committee. Before doing so, he told Sewell, 
the chairman of the Committee, that he did not approve of 
summoning Waharoa ; but, on being examined, he declared that 
when he intercepted Rangikaheke he was not aware that the 
chief was the bearer of a letter from the Committee. He pro- 
fessed to be anxious for Te Waharoa's presence, and undertook 
to procure it, if possible, by other messengers. He failed. But 
the king-maker wrote thus (24th January, 1861) in reply to 
the chairman's invitation. The deeds done at Taranaki repelled 
him ; and perhaps he remembered the stealthy capture of 
Rauparaha. " Salutations to you, the chairman of the Governor's 
Runanga. I have received your letter which was written 
in October, inviting me to Auckland. Here is a waiata 
(song) : 

' Continue to strive in vain ; 
By you I will not be rent in sunder : 
Like the tree of the forest 
I will maintain a bold front. 
Twas I that loosed yon from tliia belt, 
And now behold the boundary which divides us : 
I am the centre of Ilaukawa.' 



WAHAEOA'S LETTER TO SEWELL. 23 

Friend, what is the use of our talking after the evil has taken 
place ? Had you, indeed, written when the evil was small, it 
would have been well, and I would have gone ; but now that 
the evil has grown to the height, what is the good ? Behold 
the kindling of a fire. When it is small it can be put out ; but 
when it has spread it cannot be extinguished. So, when the 
tide is low the creek can be crossed, but not when the tide has 
swollen to the full. So with the night ; by day men travel, but 
they go not about by night. Witness the words of our Lord 
Jesus Christ (John ii. 9, 10). You ask me to make my thoughts 
known. Hearken; if any chief goes before the Governor, and 
supports the ' mana ' of the Maori, and our right to hold our 
laud, such are my thoughts. These are the causes of the 
setting up of the king. If you see a chief whose words seem 
hard when he visits the Governor, or is present at Pakeha or 
Maori inquiries he is my friend. Or if you see a chief who 
declares that his own 'mana' is over his own piece of land, 
know that such is my thought. I have heard that Rangikaheke 
and Waata Kukutai have been before the Pakeha Runanga, and 
told their opinions. Lo ! that is it ; hearken to them. It was 
one of those thoughts that set up the Maori king. I cannot, 
however, tell you all the causes. They are many. Let the 
portion I communicate be small. One thing I will tell you : the 
Governor's words are as wool, but within, at his heart, he is a 
ravening wolf. From your slave, W. T. TE WAHAROA." 

Knowing well how the Governor's mild professions were out- 
raged by the forcible seizure of the tribal lands ; and perhaps (in 
the undoubting conviction of a mind to which tribal tenure had 
been familiar from youth), incapable of believing that any one 
could be ignorant that the rape of the Waitara was lawless and 
wrong, Waharoa used plain language. It alarmed the Governor's 
advisers. They began to find that brave language in the House 
would not carry on the war. By appealing to excited passions, 
and perverting the case so as to make it seem that the honour 
of the Queen was pledged to do dishonourable deeds, they had 
secured majorities, in which members from the undistracted 
Middle Island were prominent. But majorities without means 
were worthless. British blood and British treasure were de- 
manded. General Pratt, in August, 1860, reported that the 



24 NEW ZEALAND. 

military position was difficult. The Maoris crept up in small 
parties, inflicted damage, and escaped with impunity. " With 
the assistance of my advisers/' the Governor wrote, "I have 
been able to comply with all General Pratt's demands, and to 
assure him that this Government will spare nothing to enable 
him to carry on the war vigorously, and bring it to a successful 
conclusion." At the same time, he wrote : " I sent Mr. McLean 
to aid in reassuring the friendly natives, who appear to have lost 
confidence in us." General Pratt was urged to remove the 
women and children from the settlement; and, when relieved 
from impediments, to inflict severe punishment on the enemy, 
who always " construed escape into victory," and who generally 
escaped. Friendly natives, including Ihaia, were to be paid. 

Thus instructed, the General returned to Taranaki, where 
Major Nelson had obtained sixty-eight pounders, with which he 
could, from the Waitara camp, breach the Puketakauere pah j 
and avenge his repulse. In a few days General Pratt reported 
that the Maoris at the south suddenly retired from their en- 
trenchments, and abandoned the Puketakauere pah. Neither Mr. 
McLean nor the friendly natives could explain these movements. 
The General was anxious to fight, but could find no enemy. 
Yet the settlers were all crowded in a space of thirty acres at 
Taranaki ; and McLean reported that only two persons, the Rev. 
Mr. Brown and a Maori disciple, could go as far south as Omata 
without being shot. In September the General advanced upon 
empty pahs ; but when approaching the forest the troops were 
fired upon from an ambuscade. Colonel Browne lamented (18th 
September) that no serious impression had been made, and 
urged the General to harass the enemy by guerilla attacks in 
their planting season, then beginning. The difficulty would be 
great; but unless the war could be put an end to at once it 
might be continued indefinitely. 

It was much easier to give such advice than to act upon it. 
Gliding through the forest which enclosed the open country near 
the sea, the Maori had the advantage of the encumbered soldier. 
Silence was golden in such a case, and the mute Maori heard with 
pleasure the rattle of the Pakeha accoutrements, or the angry 
exclamation of the soldier as he struggled through the tangled 
thicket. The General was not content to receive such advice 



GENERAL PRATT AT TARANAKI. 25 

silently. He described the situation which he had found on the 
3rd August. Settlers were driven in, cattle seized, property and 
houses destroyed. An attack on the town was threatened. The 
troops were divided. Outposts threatened by the enemy could 
not be abandoned ; and their garrisons reduced the number of 
men available for general action. The enemy passing through 
the forest could at any time unite his forces. The inhabitants 
would not be deported as the General wished. He had only 
prevailed on 112 women and 282 children to go, and he could 
not resort to actual force. He had hoped to make an example 
at Puketakauere, by cutting off the retreat of the rebels before 
taking the pah, and regretted its evacuation. He found it 
impossible to prevent the retreat of the Maoris from any place 
they did not wish to defend. During a few weeks he had 
destroyed between twenty and thirty undefended pahs, large 
numbers of " whare," or habitations, and much provisions. The 
plan proposed to him by Colonel Browne, of harassing the 
Maoris by constant attacks, was impracticable. He did not 
dread an increase of the numbers of the Maoris. If they would 
defend an accessible position, or accept battle in the open country, 
he was satisfied that he could obtain good results. Colonel 
Browne did not press his views on the General, but wished the 
Secretary of State to observe that, when he flung down the gage 
of battle in March, he had every reason to suppose that the 
available force (more numerous than the Maoris) was more than 
sufficient to put down opposition. He was beset with reports 
that Auckland would be attacked. A chief at the Thames was 
said to have planned an expedition against it. Friendly natives 
warned him, and Tamati Ngapora told him (27th September, 
1860) that the out-numbered Maoris laughed at the idea of 
being beaten by the soldiers, who fought bravely in Pakeha 
fashion, marching so close together that one bullet would kill 
two of them, and suffering at the hands of a few enemies in 
consequence. Colonel Browne complained of " insufficient funds, 
circumscribed powers, and inadequate assistance." " Reinforce- 
ments from England were anxiously looked for." 

A terrible alarm came upon Auckland in October. Eriata, a 
Maori, was found dead at Patamahoe, about thirty miles from 
Auckland. The natives thought he had been shot by an 



26 NEW ZEALAND. 

Englishman. A meeting was called, and it was ascertained 
(the Governor wrote) that at a given signal all the Europeans 
present were to be murdered. Archdeacon Maunsell was in 
the neighbourhood, and McLean went to the meeting. After 
the Archdeacon had spoken, McLean was able to allay the 
excitement. Ihaka was conspicuous for his friendliness. He 
was the chief of the dead man's tribe. But another meeting 
was held a few days later. A war-party of 100 Maoris went 
thither. Ihaka with two followers met them, in a peculiar 
attitude, interpreted to mean " Here we are, what do you want 
with us ? We are prepared." A war dance ensued ; fierce 
speeches were made ; the production of the supposed murderer 
was demanded, then an examination, and, in case of proven guilt, 
the surrender of the culprit to the Maoris. Ihaka and Mohi 
replied that the previous inquiry was sufficient. Mohi, at the 
end of his oration, broke a stick, throwing one piece on the 
ground, in token that the matter had been concluded. " Let 
there be no evil" (he said) was old Potatau's advice. Tamati 
Ngapora (uncle of the king) pacified the war-party, and invited 
them to a feast, which ended the proceedings. 

A few days afterwards two Europeans assaulted Ihaka, as he 
was labouring for peace, and the chief assured the Governor that 
if his blood had been shed his followers could not have been 
restrained. Two days later Browne held conference with Tamati 
Ngapora and Takerei, who had become an adviser of the Maori 
king. The former alleged that a Maori, who had fought at 
Taranaki, had been sought for by the police at Auckland. His 
arrest would have been a sufficient cause of war. (Parenthetically, 
the Governor told the Secretary of State, "the man was not 
arrested because I feared reprisals on our out settlers, and a 
magistrate who declared his intention to arrest him was for- 
tunately unable to put it into force.") After four hours the 
conference broke up with little result. 

Two days later (31st October) came tidings that the king- 
maker was on his way to the scene of the supposed murder 
with 400 men. Alarm ran like wildfire through Auckland. 
Europeans at Otahuhu, nine miles from Auckland, hurriedly at 
night implored protection. Browne instructed Colonel Kenny 
to call out the militia, and do what he could. Later, at 



BISHOP SELWYN'S EXERTIONS. 27 

midnight, Ihaka visited Browne, to say that the king-maker had 
informed him and Tamati Ngapora that no aggression of which 
they might disapprove should be committed. Browne counter- 
manded the order for sending soldiers to Otahuhu. But all was 
not over. The Maori-king natives mustered at Ngaruawahia. 
The resolute Rewi, the Ngatimaniapoto chief, was, fortunately, 
absent at Taranaki. From Ngaruawahia more than 300 warriors 
went down the Waikato river in their war-canoes, under the 
young king Matutaera and Te Waharoa the king-maker. At 
Paetai they had a war-dance. A letter from Ihaka, to say that 
the death of Eriata had been duly considered, did not restrain 
.the young men of the party. They disregarded Matutaera, who 
returned homewards with his mother. The king-maker re- 
mained with them to prevent mischief, but could not induce 
them to abandon their journey. At Tuakau, about thirty-five 
miles from Auckland, Bishop Selwyn and Archdeacon Maunsell 
met them. Though his advice was reviled by Mr. Richmond 
and his colleagues, the Bishop was ever daring to do good and 
to make peace. Long conference took place. Some wild spirits 
brooked no delay, and with two canoes pursued their journey. 
The Archdeacon told the king-maker, who sent a letter after 
them in haste : " Come back, and come back in peace." 
Whakapaukai obeyed the missive ; and Mr. Gorst remarks that 
the Europeans owed their salvation on this occasion to Te 
Waharoa, the Waikato rebel. It was known afterwards, that by 
journeying on foot, the Bishop had carried a message to friendly 
chiefs, who undertook to bar the war-party from passing through 
their territory. When the Bishop died, the settler, at whose 
house the Bishop arrived soon after sunrise, dripping from the 
fording of a creek, told the story. Pirimona was the name of a 
gallant Maori who shared the Bishop's troubles. The Bishop 
himself recorded the fact that the brother of the Maori supposed 
to have been murdered, when convinced that the supposition 
was untrue, mounted guard at the house of a settler to defend 
him from attack. 1 

In reporting the alarms caused by the death of Eriata, the 
Governor called attention to the fact that peace and life depended 

1 'Life of Bishop Selwyn,' by Rev. H.W. Tucker. (London, 1877.) Vol. 
ii. p. 169. 



28 NEW ZEALAND. 

on the exertions of a few chiefs, of whom only one received 
a stipend of 50 a year. " This brings prominently to light 
what I have so often stated, that it is only by means of employ- 
ing the chiefs, giving them Crown grants, and attaching them 
to the Government, that we can hope to keep the country 
tranquil. The means placed at Sir George Grey's disposal 
enabled him to do this without difficulty, and I perceive that he 
is following the same plan at the Cape of Good Hope." The 
Duke of Newcastle (Jan. 1861) entirely concurred with the 
Governor that " the government of the natives should be carried 
on through the chiefs, and that it would be a wise policy to 
secure to the British Government their services by grants of 
land or money, or of such other advantages as are calculated to 
retain their attachment." The contradictions in human nature 
were never more exemplified than by such an interchange of 
sentiment between a Governor fresh from the pillage of Rangi- 
take, and a Secretary of State who sanctioned the robbery, and 
thus caused a war which cost thousands of lives and millions of 
treasure. Sir William Martin prepared a thoughtful pamphlet 
on the Taranaki question. Maori land tenure, the facts con- 
nected with and the dispute about the Waitara block, the 
proceedings of the Government and their probable consequences, 
were handled with judicial gravity and humane earnestness. 
The injustice of the Native Offenders Bill was touched upon, 
and the writer declared that simple justice only was needed in 
dealing with the Maoris. 1 Those who are curious as to details 

1 Nets were spread widely to create offences under the Richmond-cum- 
Whitaker Native Offenders Bill. Any district might be proclaimed under 
it. Any visitor, any purchaser or seller within it, any holder of "any 
communication or correspondence whatever, directly or indirectly," with a 
Maori in it, &c. &c., or any person aiding or abetting any person in such 
offences, \vas to be deemed guilty. Tribes might be proclaimed under the 
measure. A first offence entailed a fine of 100 at the discretion of two 
Justices like the coveters at Taranaki. A second offence entailed hard 
labour with imprisonment ; a third constituted felony, and drew down penal 
servitude for not less than three years. No investigation as to the causes 
of proclamation was provided for. Letters from Sir William Mar! in, 
written to procure peace, might have subjected him to the discipline of a 
gaol under the control of the Attorney-General. But it was only on general 
grounds that Sir William Martin argued against the atrocious provisions 
of the measure. 



SIR "W. MARTIN ON THE TARANAKI QUESTION. 29 

may read the pamphlet in the New Zealand blue-books of 1861. 
The Governor's advisers determined to reply to it. " Notes by 
the Governor on Sir William Martin's pamphlet " were officially 
promulgated. The public knew that Richmond and his colleagues 
prepared them, and from a revised edition the Governor's name 
was withdrawn. As the ' Notes ' contained critical disquisitions on 
the Maori language, Colonel Browne must have been glad to be 
relieved from the imputation of authorship. There were higher 
grounds on which the Ministry sinned grievously in thus abusing 
his name, for the ' Notes ' teemed with daring assumptions capable 
of disproof. Mr. Richmond's eagerness in the cause removed all 
doubt as to the moving spirit in the ' Notes,' for he wrote a 
separate ' Memorandum,' in which whole sentences were word by 
word the same as in the 'Notes.' His education, costly as it 
was to the State, was rapidly proceeding. In August, 1860, he 
told the House of Representatives : " I know nothing about 
' mana,' and I don't care to know anything." In December he 
crossed swords with Sir W. Martin about the true meaning of 
the " tino rangatiratanga " guaranteed by the treaty of Waitangi. 
" Rangatiratanga " must be held to mean " ownership," and not 
full " chiefship," as Sir W. Martin had contended. 1 The special 
spleen nursed against Te Rangitake by Mr. Richmond found 
vent in a sentence which called him "an essential savage 
varnished over with the thinnest coating of Scripture phrases." 

The Native Offenders Bill, which had been undefended in the 
' Notes,' was lauded by its author in the ' Memorandum,' but 
Sir W. Martin's strictures upon it were unrefuted. Mr. Rich- 
mond averred that its " penalties were more for Europeans than 
for natives." He was compelled to admit that Sir W. Martin's 
pamphlet was " the fullest, the calmest, and most able exposition 
of the views " of friends of the Maoris ; but, warming with con- 
troversy, he concluded that the late Chief Justice " had allowed 
the blind spirit of controversy to master a naturally impartial 
mind." Some natural sparks resulted from the conflict of truth 
with error. The Governor and his prompters had asserted that 
Teira's claim to the land he professed to sell had been "care- 
fully investigated," and found good. The ' Notes' of the Governor 
and the 'Revised Copy' were constrained to confess to a very 

1 The best Maori scholars of course agreed with Sir William Martin. 



30 NEW ZEALAND. 

different condition of affairs. "The title of the sellers (Teira, 
&c.) to part of the block is certain. The Government contends 
that their title to the whole is probable." 

Sir William Martin rent this sophistry to shreds by declaring 
that military force was not placed in the hands of a Governor to\ 
enable him to seize by force that to which as a land -buyer he 
had not acquired a title. " It is not lawful for the Executive 
Government to use force in a purely civil question without the 
authority of a competent judicial tribunal. In this case no such 
authority has been obtained ; no such tribunal has been resorted 
to. If there was no existing tribunal, the duty of the Govern- 
ment was to establish one. ... To acquire the Waitara land 
immediately was not a necessity. To do justice to the Queen's 
subjects was a necessity." 

The ' Notes ' and ' Revised Copy ' dolefully complained that 
it was " one of the most serious embarrassments against which 
the Government have to contend, that publications such as those 
which the Bishop of New Zealand, the Bishop of Wellington, 
Archdeacon Hadfield, and now Sir William Martin, have put 
forth, lead the natives to believe that the Governor has initiated 
a new course of policy which will end in wresting their lands 
from them, and subverting the rights they possess under the 
treaty of Waitangi." Mr. Richmond's ' Revised Notes ' 1 added 
that such publications were embarrassing, " even when circulated 
by persons whom it may not be worth while to notice. Sanc- 
tioned by the high authority of Sir W. Martin they really 
become a public danger." It was not the deed but the shame 
of exposure which confounded Mr. Richmond. (When one of 
the Governor's despatches declared, 29th March, 1859) Should 
the purchase be completed, " it will probably lead to the acquisi- 
tion of all the land south of the Waitara river, which is essentially 
necessary for the consolidation of the province as well as for the 
settlers " Mr. Richmond might well fear that unless Sir William 
Martin could be silenced, the wrong-doing of the Ministry would 
be made clear; and he fought with desperate wildness. He 
had written with regard to the pahs on the block at Waitara 

1 ' Revised Copy. Notes on Sir William Martin's pamphlet, entitled 'The 
Taranaki Question.' Published for the New Zealand Government. Auck- 
land : January, 1861. 



MR. RICHMOND'S MEMORANDUM. 31 

that Te Rangitake had been joined by natives who had " en- 
croached with their cultivations upon the proper owners." (At 
a later date he wrote : " Everybody knew there were pahs. . . . 
Bell and I wrote an explanation showing that Te Rangitake's 
small pah was put up by consent of the selling party.") Never- 
theless the case put by Sir William Martin compelled him to urge 
in the ' Revised Notes : ' "As regards the cultivations of Te Rangi- 
take himself, neither he nor any of his people had cultivations on 
the block. No pah was burnt by the soldiers." Yet, in 1863, an 
English officer, Lieutenant Bates, 65th Regiment, found a witness 
to the burning of the pah in the person of Mr. Carrington, who was 
for twenty-two years surveyor at Taranaki ; and another officer, 
Bulkeley, and a private, Houltham, both of the 65th Regiment, 
testified hi writing that they were present at the destruction of 
the pahs in March, 1860. It would be tedious to trace all the 
tortuous windings of Mr. Richmond. How he dreaded the 
practised lance of the judicial knight was shown when the 
' Revised Notes ' were published by the Government. The 
Governor immediately promulgated a notice which, while " recog- 
nizing the right of free discussion," declared that there were 
occasions when its exercise was dangerous, and he felt it his 
duty to state that " such an occasion now exists in this colony." 
A copy of the notice was sent to Sir W. Martin. His '.Remarks ' 
on the ' Notes ' and on Mr. Richmond's ' Memorandum ' were 
privately printed ; but, in deference to the Governor's wish, Sir 
W. Martin wrote that he "abstained for the present from giving 
publicity within the colony to the following pages." In the 
' Remarks ' he refuted the assertion that Te Rangitake had broken 
faith with the Government by settling on the south bank of the 
Waitara. How little the statement, if true, would have assisted 
the contention of the Government, Sir W. Martin proved by 
pointing out that Teira, who was among those who re-migrated 
in 1848 under Te Rangitake, was recognized by the Government 
as having purchaseable claims where all rights were denied to 
his leader. With bitter truth Sir W. Martin pointed out that 
Governor Browne himself in 1855 described Fitzroy's recognition 
at Taranaki of all absentee Ngatiawas, as a "just decision." 

Richmond denied that in law or in fact the law had anything 
to do with Maori territorial rights. They stood on treaty of 



32 NEW ZEALAND. 

which the Crown was " the sole interpreter," and the Governor 
was "justified in enforcing his jurisdiction in the only practical 
mode, viz. by military occupation." 

Sir W. Martin cuttingly answered : " I have argued that the 
people of Waitara, being subjects of the Crown, have not been 
dealt with as subjects of the Crown. Mr. Richmond answers by 
saying they are not subjects of the Crown ; they have had all 
they are entitled to." Martin quoted the Waitangi treaty 
which guaranteed to them " all the rights and privileges of 
British subjects," and said those rights "must mean at any rate 
the opposite of despotism." Mr. Richmond had overlooked the 
fact that if the treaty were, as his argument implied, " a treaty 
in the ordinary sense, then the right of interpreting and enforcing 
it must belong not to one party but to both equally ; that the 
natives are at liberty to resort to force in support of their view 
as much as the Governor in support of his ; and that they cannot 
be charged with rebellion if they do so. However little the 
theoretical value of Mr. Richmond's doctrine may be, it is a 
significant and remarkable fact that such a doctrine has been 
put forth. It is remarkable as bearing on the position which I 
have maintained, that the natives at the Waitara, being British 
subjects, have not been treated as British subjects." What was 
it that Mr. Richmond " called by the name of the Crown " in the 
Waitara land-purchase ? " The Governor judging in this par- 
ticular case is simply and in fact Mr. Parris. . . . The majesty 
of the Royal word and the largeness of the national undertaking 
issue in the decision of an Assistant Land Purchase Com- 
missioner." It must be conceded that in their own generation 
the Government were wise in endeavouring, by an ad misericor- 
diam appeal, to silence the eloquence which they had no power 
to control, and against which they were unable to contend. 

The Duke of Newcastle dared not to rebuke the wisdom by 
which he refused to be guided. In March, 1861, he told the 
Governor : " It is an advantage to me to be in the possession of 
the views of so eminent a person as Sir W. Martin, accompanied 
by your own comments and criticisms, and those of your Ministers 
where you or they feel compelled to differ with him." But 
the advantage on which he congratulated himself bore no fruit. 
Sir W. Martin could prove that all Governors had solemnly 



THE DUKE OF NEWCASTLE. 33 

pledged themselves to obey the treaty of Waitangi ; that Fitzroy 
had in the Queen's name recognized in all their integrity the 
admitted rights of Te Rangitake at Waitara ; that as a chief, as 
a member of the tribe, and as an occupier, those rights were 
irrefragably concentred in him ; but the proofs were lost on the 
barren intelligence of the Secretary of State, who equalled the 
Governor in folly. He approved of the "proclamation issued 
(by the Governor) for the purpose of inducing loyal subjects to 
refrain from publishing opinions which may tend to impugn the 
justice and legality of the course pursued by Her Majesty's 
Government during the present juncture of affairs in New 
Zealand." Yet a lurking homage was paid to Sir W. Martin. 
With regard to the letter in which Sir W. Martin consented to 
withhold his ' Remarks ' from publicity in the colony, the Duke 
wrote (27th May, 1861) : "Although I should much regret that 
anything should be published by so high an authority as Sir W. 
Martin, which might tend still further to disturb the minds 
of the New Zealanders, I feel satisfied that he has only been 
influenced in the matter by a sincere desire to take that course 
which would prove for the ultimate benefit of the colony." 

When Colonel Browne notified to England Martin's consent 
to withhold the publication of his ' Remarks,' he deplored the 
effect of such arguments as Martin's. Disaffection was spread- 
ing ; there was a " sad prospect before us of that struggle of 
races which it has been the constant and earnest aim of every 
Government in New Zealand to avert. (He did not wish to 
accuse Sir W. Martin.) I and my advisers have ever endeavoured 
to do justice to his motives." With wonderful folly he referred 
to the protests of Selwyn and Martin against Earl Grey's 
iniquitous Instructions (of 184-6) as a similar error; although 
in 1859 he had extolled Sir W. Martin as holding "the 
enviable distinction of being universally respected by all parties 
and both races," and be ing the man whose character and wisdom 
would silence calumny if his advice were accepted on Maori 
affairs. Nor did the Governor's mental contortions end here. 
He informed the Duke of Newcastle (January, 1861), that Mr. 
C. O. Davis, the Interpreter, who resigned office when he found 
it untenable under the growing interference of the Governor's 
advisers, had published " at Maori expense " portions of Sir W. 

VOL. II. D 



34 NEW ZEALAND. 

Martin's pamphlet; that "those most competent to form an 
opinion consider the publication likely to do an incalculable 
amount of mischief; (and) under these circumstances I have 
issued the public notification (restraining the exercise of 'the 
right of free discussion')." Soon afterwards (March, 1861) he 
wrote : "I have always t wished to communicate with Waharoa 
(the king-maker), but owing to the conduct of Mr. C. 0. Davis, 
as described by himself to Mr. Clarke, I have never been able to 
do so." Yet when Waharoa sought in 1857 to lay the Maori 
grievances before the Governor he was not allowed to see him ; 
and not till then did that chief call upon the Maoris to elect 
their king ; and even in 1860, Donald McLean, then high in the 
Governor's confidence, intrigued to prevent Waharoa from 
appearing before the Select Committee on Waikato affairs. 

Colonel Browne's first martial success was to comfort 
him soon after he had piteously entreated the Secretary of 
State to send more men from England. In October, 1860, 
General Pratt marched beyond Tataraimaka; and, after sap 
and steady firing with howitzers and mortars, took three 
pahs near the Kaihihi river, with casualties of only five 
wounded, amongst whom was Captain Pasley, R.E., serving on 
the staff and acting as engineer in the trenches. 1 The losses 
of the enemy were unknown. The advance of a large body 
of Waikatos to aid Te Rangitake was reported. A friendly 
native went to the camp of the latter. A Waikato chief asked 
if he had come for safety or as a spy. He replied that he 
had come of his own accord. He heard warlike and confident 
speeches, and returned with news that the plan of the Waikatos 
was to occupy different positions round the settlement and on 
the north of the Waitara river. On the 1st November, two 
Waikato chiefs wrote boastfully to Mr. Parris : " Friend, I have 
heard your word. Come to fight me that is very good. Come 
inland that we may. meet. Fish fight at sea. Come inland, and 
let us stand on our feet. Make haste, make haste; do not 
prolong it. That is all I have to say to you make haste. 
From Wetini Taiporutu. From Porokoru. From the chiefs of 

' l Captain (now General Charles) Pasley had held a civil appointment 
in Victoria, but, when danger invited, placed himself at the disposal -of 
the Commander of the Forces. 



MAHOETAHI. 35 

Ngatihaua and Waikato." On the 5th November, the General 
was apprised that a body of Waikatos were to be at Mahoetahi 
(eight miles from Taranaki on the Devon Road to Waitara) 
early on the 6th. Communication by signals from Waitara to 
Taranaki enabled the General to arrange that troops should start 
from both places so as to arrive simultaneously at Mahoetahi. 
He led 683 troops from Taranaki at 4 a.m., and at 8 a.m. found 
the Waikatos in possession of the pah, then in a dilapidated state. 
From their post, as well as from the fern and a swamp, the 
Waikatos fired. Guns were brought into position, bayonets were 
fixed, and the pah was stormed " the enemy still retaining for 
a short time hold of a portion of the pah, and keeping up a most 
galling fire from the fern and swamp." Colonel Mould arrived 
with a column of 300 men from Waitara, in the rear of the 
Maoris, at this juncture, and threw rounds of spherical case from 
a howitzer, to dislodge the Maoris from the swamp, to which 
when almost surrounded they resorted. "The enemy finding 
himself thus hemmed in, and under a most murderous cross-fire, 
after an action that lasted two hours, turned and fled with much 
loss." Shot and shell burst over and amongst the fugitives. The 
retreat was rapid and the rout complete. The General thought 
the Maori loss from 80 to 100. " I never saw," he wrote, " a 
more powerful or gigantic set of men than these tribes, whilst 
their power of concealment was most marvellous ; indeed, when 
close upon them, we only knew of their whereabouts by the 
smoke from their guns." Of the English four were killed, and 
15 wounded. The General reported that 27 Maoris were 
found dead. They were buried by the English; the friendly 
natives rendering no assistance. The boastful Wetini was 
among the slain, and the General thought Porokoru was 
killed also, but he lived to fight in after years at Waikato. 
Wetini was honourably buried at Taranaki. The number of the 
Waikatos engaged was unknown, but it was supposed to be 
about a sixth of that of the English. Very few were unwounded. 
Wetini' s brother carried off a bayonet sticking in his body, and 
preserved it as a trophy. For two miles the road was stained 
with blood, and dead bodies were found by the pursuers. The 
General loudly commended the troops, and the Governor 
declared that such a timely success was matter for sincere 

D 2 



36 NEW ZEALAND. 

congratulation. A Taranaki newspaper was jubilant. The 
day was a red-letter day in the annals of the province. "A 
shell had a most beautiful effect. The natives rose out of the 
swamp like birds, and were shot down and bayoneted, as they 
would not surrender." Great was the grief of the Waikato and 
the Ngatihaua. The king-maker had vainly endeavoured to 
dissuade his kinsman, Wetini, from the expedition. When a 
letter from Te Rangitake asked what was the use of sending 
him " a disembodied flag," and why no men went to support 
him, the dashing Wetini could abstain no longer but rushed to 
the fray. The king-maker prophetically said to him at last, 
almost in anger, " Then go and stop there." For months the 
" tangi," or wailing for the dead, was repeated at Tamahere by 
the Ngatihaua. Rewi, the Ngatimaniapoto chief, was accused of 
failure to support the popular chief. He declared that Wetini 
would not listen to advice ; that he had sent messenger after 
messenger to keep Wetini back from the snare ; that his last 
messenger was killed in the trap at Mahoetahi, and that no 
more could have been done. But the Ngatihaua refused to be 
comforted. They urged the king-maker to vengeance. 

Reprisals at Auckland were apprehended, and additional troops 
were collected there ; but it was to Waitara that the Maori 
war-parties were sent. Colonel Browne was not ignorant of the 
feeling which was spreading among the tribes. Two months 
after the battle of Mahoetahi he found that sympathy with the 
Waitara chief was extending in the province of Wellington. In 
an intercepted letter was found a boast that of the Ngatiruanui, 
Taranaki, Ngatiawa, and Waikato only 63 had fallen (of whom 
36 died at Mahoetahi), while 1500 Pakehas had been killed, 
showing that bulletins of all countries are untrustworthy. At 
Hawke's Bay there was in November, 1860, a great Runanga 
or assembly of the Ngatikahungunu ; and a chief, Renata, 
made an oration of which the Governor sent a translation 
to England. The burden of the complaint was that the 
Governor plunged into war, and would not let the law decide 
whether Te Rangitake or Teira was wrong. " I indeed," said 
Renata, " will not be as the lick-platter Assembly of the 
Governor; my words are proper and plain, forasmuch as that 
Runanga has done wrong." He declared that the murder of 



M&TARIKORIKO. 37 

Katatore was of the darkest kind, and that the Governor, who 
was friendly to Ihaia, was become his accomplice. He denounced 
the statement that Ihaia was a chief of importance. He was of 
low rank at Waitara. Te Rangitake alone was their great man, 
and known by all tribes. Governor Browne contemned Renata's 
speech as " evidently the result of European advice." Renata 
in a published letter (February, 1861) justified his position, and 
replied to arguments of the Superintendent of Hawke's Bay. 

In the end of December, General Pratt marched to attack the 
Waikato posted near Kairau at Matarikoriko. He had about 
1000 men, two 24-pounder howitzers, one 12-pounder, and 
two mortars. He proceeded at half-past six in the morning to 
throw up an entrenched camp about 900 yards from the pah. 
Unmolested till nine o'clock, at that hour the troops were fired 
upon from a line of Maori rifle-pits, running along a deep ravine 
between the pah and the camp, and extending over 600 yards. 
From rifle-pits and high fern heavy firing continued till six in 
the evening, and was returned by the English. No firing took 
place on the following day (30th December), and when the 
General was about to resume operations on the 31st the Maoris 
had evacuated the pah. A Maori letter was found there in 
which a Waikato chief urged the combatants, Rewi and others, 
to spare the women and children. The English casualties were 
three men killed and 22 wounded. As usual the loss of 
the Maoris was unknown. The General considered it must 
have been great to induce the abandonment of so strong a 
position situate in a dense forest. Pleased with this success 
over " the vaunting Waikatos," as he called them in his despatch, 
General Pratt pushed forward redoubts in the face of an 
innocuous fire from rifle-pits. A letter from one of his allies 
had been found (in the pah captured on the 31st December), 
warning the Waikato of the intended attack, and the General 
thought of trying the writer by martial law, but the Governor 
dissuaded him. He could not afford to make enemies, and it 
was well known that a species of Maori honour caused men to 
warn an enemy of an intended attack. Some of the Taranaki 
militia and volunteers failed to attend parade when called on to 
accompany the troops, and the General wrote, that to command 
success he must have 5000 men exclusive of garrisons, and be 



38 NEW ZEALAND. 

empowered to invade the Waikato country before moving south- 
wards to Taranaki. He had no great confidence in the militia, 
and wished the senior officer of the regular troops to take com- 
mand in all cases of mixed service. The Governor could not 
agree to under-rate the local forces, but offered to give brevet 
rank in the militia to officers of the army when required. With 
fire and sword at their doors and their throats, the Taranaki 
settlers were resolved to keep the terms of their honour precise. 
Meantime the gallantry of his foes worked upon the General's 
consciousness. They made vain diversions at the south of 
Taranaki. At the north, pushing forward in front of Huirangi, 
which had been Te Rangitake's head-quarters in November, the 
English found their Redoubt No. 3 daringly assaulted on the 
23rd January. At half-past three a.m. a storming party crept 
up through the fern, and in the darkness made a lodgment in 
the ditch of the redoubt. They had a support in rear, and skir- 
mishers were around. Colonel Leslie of the 40th Regiment thus 
described the attack : " The plan appeared to be to keep down 
the fire of our men on the parapets by their support and 
skirmishers, while the storming party scaled the left face of the 
redoubt. The force under my command was under arms 
previous to the attack, and quickly replied to the fire of the 
enemy, who in the most determined and desperate manner 
rushed up the sides of the parapet, and in some instances seized 
hold of the men's bayonets, while others crept round to the rear 
of the redoubt, and fired through the gabions which had been 
placed to fill up the entrances to the work, and one of the Royal 
Engineers was in this manner killed while coming out of his 
tent. A perfect storm of bullets was poured on us from all 
sides for a considerable time, and I called for assistance from 
Colonel Wyatt, 65th Regiment, commanding No. 1 Redoubt (at 
Kairau), for the purpose of dislodging the enemy from our 
ditch, as I had no hand-grenades." Two companies of the 
65th and one of the 12th arrived. Charged by the new arrivals 
in gallant manner, the Maoris retired under heavy fire from the 
parapets and from the guns of the Royal and Naval Artillery. 
Thirty-four were found dead, and six wounded were left behind. 
Of the English, twelve were wounded and four killed. The 
bodies of the chiefs were taken to Taranaki for interment. 



GOVEKNOR CONFERS WITH WAIKATO CHIEFS. 39 

Many were so mangled by the grenades that they could not be 
identified. General Pratt wrote : " I trust that the severe losses 
this manly and high-spirited people are continually receiving 
will teach them how unavailing are their efforts against Her 
Majesty's supremacy, and will lead soon to a termination of this 
unhappy internecine war." 

The wild spirits of youthful Ngatihaua, Ngatiraukawa, and 
other tribes had inspired respect in their foes ; but their wiser 
elders desired an honourable peace. Tamati Ngapora and 
Patara were vainly discussing its terms with the Assistant 
Native Secretary on the day on which the English bayonets were 
grasped by the Maori storming party. Soon afterwards (2nd 
February, 1861) Tamati Ngapora and Aihipene, with other 
chiefs of the north, conferred at Government House with the 
Governor, the Attorney-General (Whitaker), the Native Secre 
tary (McLean), the Assistant Native Secretary (Smith), and the 
Land Claims Commissioner, Mr. Dillon Bell. The burly and 
good-humoured Aihipene presented the terms proposed. If 
they were accepted, the chief, Mokena, would be sent at once to 
bring back the Waikato from the seat of war. " 1st. The piece 
of land at Waitara, let it be left aside or set apart, to be after- 
wards arranged or settled by a Court or Whakawhakanga. 2nd. 
Do not hold to, or bear in remembrance, the causes of evil, 
whether as regards men, the land, or killing, or property ; let 
these be all unloosened, all forgiven." Browne said such terms 
were inadmissible. Aihipene said they were the Maori idea. 
Would the Governor state what he wished ? English law must 
be recognized in future; compensation must be given for the 
waste of Taranaki; punishment inflicted for the murders at 
Omata in 1860. Aihipene replied that these must be questions 
for settlement, but he would not presume to anticipate the 
mode. The proper course was to make peace first, and settle 
differences afterwards. This the Governor would not agree to, 
and the chiefs said they had nothing else to offer. The 
Governor said the chiefs must understand that he did not 
confuse the murders at Omata with the conduct of Te Rangi- 
take or of the Waikato. Aihipene said the Waikato must be 
consulted about Te Rangitake and the Ngatiawa. Colonel 
Browne asked if the chiefs could bind the Waikato or Ngatiawa. 



40 NEW ZEALAND. 

They had no authority, and he pointed out that it was absurd 
to ask him to cease from war when they could not bind their 
tribes. Tamati Ngapora spoke. The work was that of the 
Governor and Te Rangitake, though others suffered. Let them 
put an end to it. The Governor was anxious for peace, but 
asked what was the use of a short rest, after which war might 
again break out? Tamati Ngapora put the Governor's stick 
on the table, struck the end, and said, " Where will the vibration 
stop ? Not at the first six inches, not till it reached the other 
end." (Meaning that it was inevitable that other tribes would 
sympathize with Te Rangitake.) The Governor rejoiced that 
the vibration had crossed the ocean to England. The chiefs 
remained silent. The Governor said he was going to consult 
the Ngapuhi, and would gladly consider terms of peace on his 
return from the north. Old Patuone (Waka Nene's brother) 
said the insurrection was like an abscess, and could not be 
healed till the core was taken out. As to the Omata murders, 
Paratene ti Kopara was the actual murderer; and as he had 
been killed since, according to Maori usage atonement was 
already made. McLean said others were accused. Taraia (a 
Thames chief) asked who were the Governor's friends whom 
he desired to consult ? Tamati Ngapora represented Waikato, 
Patuone the Ngapuhi, Ngatitoa was represented by Hohepa 
Tamaihengia, the Thames people by himself. Why not make 
terms at once ? The chiefs approved, and Aihipene said if the 
Governor agreed that there should be peace, the word would go 
forth and the insurrection would not spread. The Governor 
said that the paper which had just been read would give no 
security for peace. War must be continued till more reasonable 
proposals reached him. He was answered by Ihaka (Waikato), 
that points of difference could not be arranged while blood was 
flowing. He retorted, let Waikato return from Taranaki, and 
the blood of Waikato would cease to flow. While he was in 
the north, " let the chiefs work again at their own thoughts and 
those which he had indicated." 

Colonel Browne told the Duke of Newcastle that it was with 
great regret he was obliged to refuse such an appeal as that 
made by the Waikato chief, Tamati Ngapora, " whose desire for 
peace was undoubted." He visited the Bay of Islands and 



WAHAROA CONFERS WITH A MAGISTRATE. 41 

Mongonui, accompanied by Patuone, Ihaka, and Taraia. The 
Ngapuhi and Rarawa tribes received him loyally. On his 
return to Auckland he received a letter from the resident 
magistrate at the Bay of Plenty, narrating an interview, at 
Tauranga, with the king-maker, who justified the Maoris. 
Maoris sold their land blindfold for nominal sums ; it was then 
cut up and sold for full value. " Have we not a better right 
to this advanced price than the Pakeha ? " A Pakeha had told 
him that the Queen would claim all the waste lands as demesne 
lands of the Crown, and confine the Maoris to their cultivations. 
" This statement was confirmed by a Roman Catholic priest. I 
reasoned with myself : ' This land was given to my ancestors by 
Providence. We have retained it from generation to generation. 
Surely because it is unoccupied now, it is no reason why it 
should always remain so. I hope the day will yet come when 
our descendants will not have more than they really require. 
If I have been correctly informed, even a few years ago there 
were in England large tracts of unoccupied lands. No other 
nation on that account attempted to seize them. Why then 
should they attempt to claim our unoccupied lands ? ' ' Thence 
arose opposition to land-sales. The Pakehas would not 
assist in creating a native council and native magistrates to 
settle Maori disputes. He visited Auckland, but was not 
allowed to see the Governor on the subject. " I determined to 
take at my own risk what my Pakeha friends denied me ? " 
(Mr. Fenton afterwards did mischief : he widened the breach by 
setting up assessors without reference to the wishes of the tribes. 
But the king-maker did not approve of the Waikato war- 
party.) " I did all in my power to dissuade Wetini from going 
to Taranaki. Our contention was great. He cursed me, went 
to Taranaki, and has fallen." The magistrate could obtain no 
hint from the king-maker as to future movements. "All his 
conversation related to the past." With this narrative the 
Governor sent to England the king-maker's letter (declining 
to attend a Committee as a witness) which has already been 
quoted. 

At Taranaki it was reported that Mr. King, who had so 
recently in the Assembly at Auckland justified the position 
of the Government and the demands of the settlers, fell a 



42 NEW ZEALAND. 

victim in February. The rebels, it was said, had murdered him. 
The volunteers who sallied forth were too late to save him, but 
they saw his murderers at a distance. General Pratt pushed 
the war into the forest in February, only to find that the enemy 
retired to another line of defence. From rifle-pits and fern, 
when least expected, the advancing troops were fired at. After 
one of these skirmishes, in which two English were killed and 
ten wounded, General Pratt found the Maori position formidable, 
and that mortars were indispensable. On the 6th March the 
Governor transmitted to England a statement by McLean, that 
"The great mass of the native population of the Northern 
Island may be considered to be in a state of disaffection." 
They were unabashed by reverses, and confident that they could 
restrain the growth of the English settlements. They even 
hoped for assistance from the French. Their skill in selecting 
their points of attack and defence in their ferns and forests 
counterbalanced, in their opinion, the English larger resources 
and better equipment. The threats, curses, and opprobrious 
epithets used by Europeans, confirmed (McLean said) the worst 
suspicions of the natives. The evil genius of the time had 
ceased to hold office as Native Minister. 1 Mr. Richmond had 
given place (November, 1860) to Mr. Weld, who concurred with 
McLean's remarks the ominous conclusion of which (5th Feb- 
ruary, 1861) was "that the English settlements in New Zealand 
are at present in a more dangerous and precarious state than 
they have been at any period since the foundation of the colony." 
To such a pass had Colonel Browne, under advice, reduced the 
colony in the short space of one year. When this statement 
reached the Duke of Newcastle (13th May, 1861), he briefly 
acknowledged it ; and immediately appointed Sir George Grey 
to relieve Governor Browne. Meantime, the loyalty still left 
among the Maoris was encouraged. Old Waka Nene wrote to 
the Queen that his love continued firm, and Colonel Browne 
transmitted the letter with a hope than an answer and a present 
might be sent to the " excellent chief." On the 26th June, Her 
Majesty " most graciously " acknowledged the letter, and sent 
a silver cup to be presented to Waka Nene " as a mark of her 

1 He still held office as Treasurer, and as Commissioner of Customs. 



TE AREI. 43 

friendship," and in recognition of his valuable services. But 
after the futile conference between the chiefs and the Governor 
on the 2nd February, warfare continued at Taranaki. Ever 
planning ambuscades in the abundant fern, and ever forced to 
retire, the Maoris refused to afford the General the comfort of 
a general action in which rifles, howitzers, and shells were to be 
opposed to muskets and fowling-pieces. The Maori forces were 
entrenched at Te Arei close to the historic Pukerangiora, where 
the Waikato had, nearly thirty years previously, warred against 
the Ngatiawa, whom in 1860 they befriended. From block house 
to block-house the General advanced from Kairau to Huirangi, 
and thence towards Te Arei. With help of friendly natives 
he constructed 1200 yards of sap and three redoubts in a fort- 
night. At night on more than one occasion, in spite of sentinels, 
the Maoris removed the sap-roller, until an explosion blew 
one of them to atoms. The General was astounded at hear- 
ing that the money he paid to friendly natives for cutting 
materials for his gabions and sap-rollers was shared by them with 
the enemy, who assisted in the work partly to obtain money, 
but partly because in this way, and by carrying off the sap-rollers 
at night, the wily Rewi and his friends scrutinized the English 
devices. As the sap was pushed through the forest it was 
found that, to countervail inferiority of weapons, the Maoris 
skilfully availed themselves of every vantage-ground. Their 
rifle-pits curved in front of Te Arei, from the Waitara river 
to a thick forest on the right of the advancing troops. " They 
had also dug trenches around their pah, and the whole ridge of 
hills in front of the advancing force had tiers of pits, one over 
the other, from which the enemy fired as from so many little 
batteries. It was most annoying to the British to be able to 
see nothing of the rebels but their smoke and fire, and yet to 
be so near them as to hear their taunts." l The troops con- 
structed another redoubt, and the sap was, on the 10th March, 
pushed close to Te Arei, when Te Waharoa, the king-maker, 
stepped into the arena. While Sir William Martin was pleading 
with Governor Browne for justice, he and Bishop Selwyn 
laboured to induce Te Waharoa to divert his countrymen from 

1 ' History of Taranaki.' B. Wells. 1878: New Zealand. 



44 NEW ZEALAND. 

war. The sap was close to the pah (in which Hapurona was the 
ostensible commander), when, on the llth March, Te Waharoa 
wrote thence to the General : 

" Salutation to you, O chief of this war ! Hear what I have 
to say. Let there be a truce for three days, Monday, Tuesday, 
and Wednesday, that I may consider the state of affairs here 
concerning those with whom you have been fighting, namely, 
the men from Waikato and those under Te Rangitake. . . . 
If you consent, issue orders to your soldiers that they may 
leave off the sap during these three days. If you object to my 
proposal, write to me that I may know. . . . After the three 
days you and your opponents can recommence righting. This 
is all. Friend, you may put faith in what I say. What I say 
will be put in force by my tribe. From Wl TAMIHANA TE 
WAHAROA." 

The General granted truce for the two days remaining when 
he received the letter, desiring the Maoris to cease fortifying. 
On Thursday morning active operations would be resumed. 
From Pukerangiora the king-maker retorted (12th March) : "I 
see you do not put faith in what I say. Listen to me ; I will 
not deceive you ; a promise like this of mine is not of the earth, 
but comes from above. It is not right that I should break faith 
with you. ... I am rather inclined to think that you deceived 
me : your soldiers have come down to-day into your rifle-pits 
and fired at us. On that account I am led to suppose that you 
are deceiving me, and that you have no control over your 
people. . . ." The General explained that the firing was by 
mistake, because the white flag, where hoisted on the palisading, 
was unseen from the foremost (No. 8) Redoubt. He complained 
also that the Maoris (always in want of ammunition) had been 
" collecting our bullets ; what have you to say about that ? " 
On the 13th, the Native Commissioner (Mr. G. D. Hay) met the 
king-maker, who proposed that the Waikato should go home, 
that Te Rangitake should go to undisputed land, the English 
withdraw to Waitaki, and the Waitara block be undisturbed till 
some final decision could be arrived at by law. There was no 
appreciable difference between these terms and those rejected 
by the Governor at Auckland. Mr. Hay said they were 
inadmissible. " Then," said the king-maker, " let the troops 
remain, while you and I go to Auckland ; I by land, you by sea. 



WAHAROA AT WAITARA. 45 

Meet me at Tuakau." He was told that he had better go in the 
ship himself. " Shall I go and be treated like Rauparaha ? " he 
replied. The General vainly offered a " guarantee for his personal 
safety." Mr. Hay went to the General at No. 7 Redoubt. On 
his return the chief said : " You are harsh and difficult to deal 
with. Hear my third offer. Let us remain here in peace. 
Entreat the Governor to come down here." Other chiefs sup- 
ported him, and Rangitake was said to acquiesce in the first of 
the proposals. The General would only consent that the Maoris 
should retire, and that the English should occupy Pukerangiora, 
while the king-maker went in a war-steamer to Auckland with 
Mr. Hay. Again two shots were fired at the Maoris, and again 
they were told they were fired by mistake. The king- maker 
said he was tired of writing to Mr. Hay. " I will write to the 
Governor and to my Bishap, that they may be aware of my 
arrival here, and how much I tried to treat with the General." 
Another day's truce was granted. Mr. Hay urged the General's 
terms. The king-maker said that neither the General nor Mr. 
Hay seemed inclined to treat on the terms he proposed, and 
wrote letters to the Governor, to Sir William Martin, and to the 
Bishop, requesting the General to forward them, and desiring 
that there might be peace until the Governor should reply. The 
General promised to forward the letters, and said that meantime 
active operations would be recommenced. The Governor was 
inclined to go to Taranaki, but on consulting his Executive 
Council it was decided otherwise. Mr. Richmond was still 
Treasurer, and the Ministry feared that Colonel Browne's nature 
was too full of the milk of human kindness for their purposes. 
They sent McLean. They still averred that if Te Rangitake 
would prove his individual claim to any portion of the Waitara 
block it would be returned to him. But as they resisted Bishop 
Selwyn's importunity that the case should be submitted to a 
law-court, their averment was idle. They feared that no judicial 
tribunal would refuse to recognize those tribal rights which they 
were conspiring to destroy. 

An important change in the ownership of the Waitara block had 
meantime been effected by the king-maker's visit. In general 
tribal meetings, as amongst ancient Germans, resolutions of great 
moment could be passed in emergencies. In conference between 



46 NEW ZEALAND. 

the Ngatiawa and Waikato, Te Waharoa had spoken of the 
cause of quarrel being Eangitake's. The chief of Waitara said, 
'' No, it is yours." " Look at a man," said the king-maker ; " his 
head is head; his hands, hands; and his legs, legs. You are 
the head ; Waikato is only the legs." " No ; you are the head." 
" No ; you." " Very well," retorted Te Rangitake, " I am the 
head ; Waitara is mine ; the quarrel is mine. There ! I give 
Waitara to you." On further question he said he disclaimed 
further voice in disposal of the land. The Ngatiawa fighting 
general Hapurona, Epiha and Rewi as leaders of the Waikato 
and Ngatimaniapoto allies, publicly assented, and the king- 
maker, accepting the gift, declared his award. " Waikato ! back 
to Waikato. Ngatiawa ! away to Mataitawa. Ngatiruanui ! 
return to your homes. Let the soldiers return to Taranaki. As 
for the Waitara, leave it for the law to protect." Thus em- 
powered by the Maoris, the king-maker had proposed his terms 
to Mr. Hay, and had made earnest request that there might be 
no more fighting. The General meanwhile knew nothing of the 
tribal resolution. On the Friday the Maori white flag still flew 
under the king-maker's order. The English recommenced to 
dig in the sap, and were unmolested. The Maori pah was fired 
at, and the king-maker then said to the fighting chiefs : " Now 
do as you list." The war-flag was hoisted, and for three days 
firing was kept up ; the king-maker himself abstaining from 
fighting. The Maoris alleged that only one of them was 
wounded during this period ; but the English believed that 
their mortars did much execution in the rifle-pits. The English 
lost a lieutenant of artillery. He was in the act of laying a 
cohorn mortar at the head of the sap when, from a precipice, a 
Maori marksman fired, and a bullet glancing from McNaughten's 
hand, entered his heart. On Monday McLean arrived, and 
wrote that he had been sent by the Governor, and would see Te 
Waharoa as soon as a flag of trace was hoisted. The firing was 
continued nevertheless, two Englishmen being killed, and four 
wounded. On Tuesday Maori flags of trace were hoisted, and 
the king-maker appointed Te Waionaha as the place of meeting, 
whither McLean went, accompanied by English and Maori 
friends. A hundred of the enemy welcomed him cordially. 
The proposals made to General Pratt were renewed. McLean 



McLEAN CONFERS WITH WAHAROA. 47 

(ignorant as the General of the tribal meeting) spoke at great 
length. He offered safe-conduct to Te Waharoa if he would, 
with others, return to Auckland to draw up a full statement of 
all differences. The king-maker said the proposal was fair, but 
that his followers could not forget that Pomare and Rauparaha 
had been foully seized. They would not object to meet near 
Auckland, however. Epiha, the Waikato chief, asked for in- 
formation as to reference to the Secretary of State, and McLean 
expatiated on the European mode of arbitration. The confer- 
ence arrived at no determination. Mr. McLean * wished for 
further interviews. The king-maker "neither objected nor 
assented. He would sit still for a month or two to afford the 
Governor an opportunity of making peace. If it was not used, 
he would be prepared for further action." What the king- 
maker's thoughts were can only be guessed. He asked McLean 
to be friendly to the Ngatiawa, and at his request the Maori 
chief who had accompanied McLean from Auckland visited the 
Maori encampment, where discussion continued in the night. 
At half-past six on Wednesday morning, with all the Waikato 
warriors, the king-maker left Waitara, firing shots, as was the cus - 
torn, over the graves of their dead ; and McLean regretted that 
he had " no further interview with this intelligent chief." On 
Thursday the 21st he met 300 Ngatiawa, and conversed with Te 
Rangitake and Hapurona. It was decided that hostilities should 
cease ; that McLean should ask the Governor to visit Taranaki ; 
that the Maoris should keep the white flag flying on their forti- 
fications, and have access to their cultivations, peach-groves, and 
graves. Te Rangitake expressed a hope that the Governor 
would not be hard upon the Taranaki and Ngatiruanui tribes. 
McLean heartily aided by General Pratt thought peace could 
now be honourably made. 

The Governor having arrived upon the scene went to the 
General's camp, accompanied by the Attorney-General, by Mr. 
Weld the Native Minister, by Waka Nene, Tamati Ngapora, and 
others. For three days discussions were held. On the 30th 
March several chiefs visited Te Rangitake's pah, three miles 
from the English advanced posts. Throughout these days Te 
Rangitake's men had brought presents of vegetables and fruit 
to the English soldiers. On the 2nd April the chief sent word 



48 NEW ZEALAND. 

that he was content with the terms suggested. If the Governor 
would first visit him, he would then visit the General's head- 
quarters. This was thought humiliating, and the Governor 
declined to pay the first visit. He went to the camp of the 65th 
Regiment, within a mile of Rangitake's temporary encampment, 
and was visited by Hapurona and others. On the 3rd the 
Governor proposed written terms. By the first he virtually 
abandoned the v/hole contention under which he had waged 
war with Sir W. Martin in words, and the Maoris with arms. 
He admitted that further examination of the title at Waitara 
was needed. 1. The investigation of the title to and the 
survey of the land at Waitara to be continued and completed 
without interruption. 2. Every man to be permitted to state 
his claims without interference, and my decision, or the decision 
of such persons as I shall appoint, to be conclusive. 3. All the 
land in possession of Her Majesty's forces belonging to those 
who have borne arms against Her Majesty, to be disposed of by 
me as I think fit. 4. All arms belonging to the Government to 
be returned. 5. All plunder taken from settlers to be restored. 
6. The Ngatiawa who have borne arms against the Government 
must submit to the Queen, and not resort to force for the redress 
of grievances, real or imaginary. The Governor announced that 
he would divide the land, which he meant to dispose amongst 
its former owners, reserving sites of block-houses and redoubts, 
and right of making roads. He had not used force, he said, to 
acquire land, but vindicate the law. Mr. Weld, in a pamphlet 
published in 1869, urged that Te Rangitake was thus put in a 
position to receive back " any portion of the Waitara block to 
which he could prove a claim ; " but it will be observed that 
from first to last the New Zealand Government refused to 
recognize any rights of chieftainship in Rangitake, and that the 
claim Mr. Weld was willing to recognize was the individual 
usufructuary right. Of the well-known paramount tribal right 
the Government took no heed. Hapurona visited the English 
camp, but Te Rangitake distrustfully sent word that he had had 
" ominous dreams," and stayed away. Hapurona required time 
to consider the terms. After a few days, during which Rangi- 
take wrote to the Governor but did not visit him, Hapurona 
acceded to the terms; and Browne, on the 7th April, gave 



THE GOVERNOR MAKES TEIIMS. 49 

Rangitake a short time to consider, adding, " If not settled in 
these days I have nothing more to say to you." Rangitake 
retired from the scene with Rewi, the Ngatimaniapoto chief, and 
wrote to the Governor on the 8th April, telling him not to be 
grieved at his going to Waikato. He was going to hear the 
words of the tribes who had suffered for him. " Yes, I have con- 
sented to the peace. I sent my daughter to see you, but she did 
not see you. 1 That settles the arrangement of the cessation of 
firing between the soldiers and the Maoris. Let the arrange- 
ment of what has to be said regarding Waitara be done there. 
No more. At Mangere we shall see each other." 

To such an impotent conclusion had Mr. Richmond's war 
been brought. The Governor told the Secretary of State that 
" although no investigation has taken place it is certain that 
little or none of the land occupied by the troops which I propose 
to dispose of belongs to Te Rangitake." When he returned to 
Auckland he heard that the claims of the Waitara chief had 
been surrendered to the king-maker. He also found the 
authority of Sir W. Martin quoted to the effect that the quarrel 
" had been a land quarrel." To disprove such an assertion, he 
ordered that Mr. Bell (if he would accept the office) with three 
chiefs, one selected by Ngatiawa chiefs, should divide the land 
held by the troops, and that grants should be issued to each 
separate Maori owner " before any purchase is made on behalf of 
Her Majesty." By this means, he said, he hoped " to break up 
the influence of the land-league which was the real strength of 
the insurrection." He was apparently unable to perceive that 
his secret hope confessed the truth of Sir William Martin's 
assertion. The spirit of a soldier was at work in his mind, 
aiding the temptations of his advisers. He conspired for future 
violence while he breathed peace in public. He reported the 
terms of submission at Waitara to the Secretary of State on the 
7th April. On the 13th he demanded 5000 soldiers "besides 

1 Mr. Weld said in the House afterwards: " Rangitake sent his daughter 
to make peace. As, however, no acceptance of the terms of submission 
proposed by the Governor was proffered, and as the reception of Rangitake's 
daughter would, according to native custom, have concluded peace, leaving 
terms to be considered afterwards, it was impossible to receive her. Un- 
gallant therefore as it may appear, she was necessarily allowed to return iu 
dudgeon." 

VOL. II. K 



50 NEW ZEALAND. 

all garrisons " in order " to make a successful attack upon the 
Waikato tribes and their allies in their own country. ..." On 
the 1st May he wrote, with strange forgetfulness of his previous 
despatch : " Should we be unhappily forced to resume active 
operations the consequences will fall heavily and deservedly on 
the tribes who have rebelled against Her Majesty with the 
avowed object of declaring themselves independent of a rule 
which has never been exerted except for their good." (On the 
12th April) he had required entire submission of the Taranaki 
and Ngatiruanui, restoration of plunder, or compensation, free 
passage, and protection for all persons. The murderers would 
be prosecuted when captured. Mr. McLean reported on the 1st 
May that the Taranaki natives, by a deputy, had agreed to the 
terms, but the Ngatiruanui had kept aloof and must be further 
chastised. 

Sir William Martin now made an attempt to prevent the ills 
he foreboded if the Government should act violently against the 
king movement, which in its inception they had favoured when 
they sent Mr. Fenton to Waikato, and corresponded with Tamati 
Ngapora. On the 3rd May he sent a minute to the Assistant 
Native Secretary. A display of, or resort to, force would rouse 
determined resistance. He argued that the so-called king 
movement was one which the "Government should rather 
welcome as a god-send than attempt to crush as an enemy." 
Through it institutions adapted to Maori needs might be 
established. The king-maker had lately exemplified what the 
movement meant. He stuck in the ground two sticks. " One," 
he said, "is the Maori king; the other the Governor." He 
placed a third stick resting on them horizontally. " This," he 
said, " is the law of God and the Queen." Then he traced on 
the ground a circle enclosing the two sticks. "That circle is 
the Queen, the fence to protect all." 

Sir William Martin agreed with the Select Committee that to 
meet the movement with force was unwise, and that the Govern- 
ment ought to strive to guide it. The Assistant Native Secretary 
was not wise enough to support Sir William Martin, and the 
Governor and his Ministers were now too deep in blood to go 
back. One hundred and seventy chiefs of Napier sent a petition 
to the Queen to deny that the Maoris were fighting against he? 



THE GOVERNOR CONSULTS THE JUDGES. 51 

authority. " Mother, do not listen to the false reports which 
perhaps are sent to you. They are false. Know then, that the 
quarrel relates to the land only. We think it desirable that you 
should appoint a Judge for this quarrel, that it may be put an 
end to." Mr. Weld l disparaged the petition, and the Governor 
forwarded it without comment. The Duke of Newcastle merely 
directed that the chiefs should be informed that the memorial 
had been laid before the Queen. On the 4th March the Governor 
issued a notice, renewing his assurance that he did not wish to 
deprive Maoris of their lands, and that he would maintain the 
treaty of Waitangi. On the 1st May, 1861, he told the Secretary 
of State that he was anxious to disabuse the natives of the 
erroneous idea suggested by Sir W. Martin and others " that the 
present is a land quarrel." It was only in September, 1859, 
that he had argued that if such a man as Sir W. Martin were on 
a council of advice in Maori affairs things would go well. Yet 
Colonel Browne seems to have had qualms of conscience. On 
the 6th May he asked the advice of the Judges of the Supreme 
Court as to the establishment of a Court to dispose of questions 
relating to land over which Maori title was unextinguished 
Could the Supreme Court undertake the duty ? If not, how 
could an efficient Court be constituted ? The Judges did not 
keep him in suspense. On the 9th May they replied that the 
Supreme Court was not well adapted generally for such a 
purpose, though sufficient to deal with incidental cases. A 
Court might be constituted by formation of a land jury, selected 
by lot or otherwise from members of various tribes in previously 
defined districts, nominated by such tribes as competent to act 
in such capacity, to be presided over by a European (not being 
an agent for the Crown for the purchase of land) conversant 
with the Maori language, and assisted if necessary by a native 
assessor with merely ministerial duties. Every word of the 
recommendation was a censure on the course adopted by the 
Governor at Waitara. In every aspect Mr. Parris' commission 
and proceedings were flagrantly opposite to the views of the 

1 Amongst the signatures was that of Karaitiana Takamoana, who after- 
wards was elected to represent the Maori eastern electoral district in the 
New Zealand Parliament. Other names also showed that Mr. Weld erred 
in undervaluing the petition. 

E 2 



52 NEW ZEALAND. 

three Judges. It will be seen that the Ministry carefully pre- 
vented inquiry, by such a court as that suggested, at the Waitara. 
The Maoris watched the Governor's proceedings with attention. 
On the 10th January the War Department informed the Colonial 
Office that General Cameron had been appointed as general 
officer at New Zealand, in room of General Pratt, who left New 
Zealand in April to assume command in Australia. Field 
operations would have soon been entered upon if Governor 
Browne had remained in office. In a military despatch 
(3rd May, 1861) he wrote that he had conversed with 
Tamati Ngapora, and found him altogether peaceable. Never- 
theless he must extract terms from the Waikato tribes. He 
would allow them reasonable time to deliberate, and "if the 
answers are not satisfactory I shall send them specific terms, 
and if they are not accepted shall leave the General to adopt 
such measures as he may think proper." As a pupil of Whitaker 
and Richmond, the Governor had made much progress since the 
days when he wrote that the Europeans coveted to seize, rightly 
or wrongly, the heritage of the Maoris, and when he contradicted 
the assertion of Richmond that the Maoris needed no protection 
against the designs of colonial ministries and parliaments. He 
sent a lengthy despatch (7th May, 1861), which was not pre- 
sented to the Assembly with others of the period, and which 
bears internal evidence that it was prompted if not written 
under control. It was grounded upon correspondence between 
Bishop Selwyn and Mr. Stafford. When, with regard to the 
Native Offenders Bill, the Bishop and clergy protested in 
August, I860, against subjecting Maoris to penalties or dis- 
abilities, " without being brought to answer by due process of 
law," Mr. Stafford replied that the Government recognized " to 
the fullest extent all lawful rights of the chief and tribe which 
have been recognized by former Governments or have ever been 
understood to exist." The Bishop at once entreated that the 
Ngatiawa tribal rights at the Waitara might be made the 
"subject of a judicial inquiry." Stafford equivocated. Rebellion 
must be punished. Te Rangitake and those "confederated with 
him to resist the extension of European settlement in Taranaki, 
cannot be permitted to dispossess the Government by force of 
arms of land to which the native settlers have apparently shown 



BISHOP SELWYN AND MK. STAFFORD. 53 

a complete title." Stafford perhaps thought such a reply capable 
of deceiving a Secretary of State, but was not so foolish as to 
believe that Teira had shown a complete title to the homesteads 
and cultivated grounds of his tribesmen. In 1861 the Bishop 
resumed the discussion. Peace having been attained a judicial 
inquiry might be held. Mr. Stafford (3rd May) replied that the 
Government hoped to establish a Native Land Title Tribunal, 
but that with respect to the Waitara the Governor had " already 
made arrangements . . . and there was every reason to believe 
that they will be successful if only they are not interfered with." 
He denied the right of the clergy or Bishop to "interfere between 
Her Majesty's Government and her native subjects." The Bishop 
replied (5th May) that he and his brethren claimed the privilege, 
allowed by law to every man, of " laying petitions before the 
Crown and the Legislature." When others express opinions and 
support a " policy which we believe to be unjust, we should be 
guilty of betraying the native race, who resigned their independ- 
ence upon our advice, if we did not claim for them all the rights 
and privileges of British subjects, as guaranteed to them by the 
treaty of Waitangi." The Bishop regretted that as the Govern- 
ment deemed it "unwise and dangerous to delay the settlement" 
of the Waitara question until a Title Tribunal could be created, 
the Government had not foreseen such difficulties before war 
was declared at Taranaki " upon an unproved assumption." 
Mr. Stafford retorted (20th May) with some warmth. He did 
not believe that war was thus made. " I advised the Governor 
on the matter in question, and ... I will continue to give that 
advice which it is my duty to afford." He repeated the vain 
assertion that the Governor and his advisers intended to uphold 
and obey the treaty of Waitangi. When the Governor sent the 
correspondence to England he was so fatuous as to urge that 
the Bishop seemed to " ignore the guarantees in the treaty of 
Waitangi, which have been frequently repeated publicly and 
privately, and more particularly in my speech to the natives 
assembled at the last conference." His advisers had degraded 
him to their own level. They wilfully violated the treaty in 
act, while they paid lip-homage to it with their mouths. Which 
of them prompted the subtle equivocations of the Governor's 
despatch of 7th May cannot be told. They seem like echoes of 



54 NEW ZEALAND. 

Whitaker, but may have been the result of consultation by 
many. The Governor was made to say that it would be " unjust 
as well as extremely unwise either to defer the final settlement 
of any proprietary claims which may exist upon the block sold 
by Teira and his friends, or to submit them after what has 
occurred to any investigation except that of the officers of the 
Crown, and it would be acting still more unjustly to Teira and 
all the natives who have remained loyal to the Queen during 
the insurrection, if I allowed the questions again raised by the 
Bishop as to their right to sell their own land, 1 and as to the 
authority and jurisdiction of the Crown, to be now made the 
subject of an ex post facto inquiry." Te Rangitake or any other 
Maori might put forward proprietary claims to special portions 
of the block ; but any right to veto ; any Maori tribal right 
(though guaranteed by treaty) it was " impossible " to entertain. 
Though the Governor thus lent himself to Mr. Richmond's 
eagerness to " accelerate the extinction of the native title," 2 he 
declared that there was no reason to apprehend injustice. He 
was carefully considering with a view to constitute a Commission 
" to divide the land occupied by the troops among the former 
owners, in accordance with the terms of peace." These lands 
adjoined the Waitara block, and " no question of ownership 
raised in one case " would fail to " come out in the other." He 
was satisfied there would be no " serious difficulty in ascertaining 
the rightful owners." He was consulting the Judges as to 
forming an impartial tribunal for native titles generally ; " but I 
cannot permit the special question, out of which an insurrection 
has unhappily occurred, to be raised once more at the Waitara. 
The Bishop desires that these very questions shall still be 
submitted to a judicial inquiry : which really means than Te 
Rangitake, who has not accepted the terms of peace, shall be 
permitted to set them aside and place once more before the 
Ngatiawa tribes, under European advice, the temptation to 

1 Till one sees such words recorded it is difficult to believe either that 
the Governor could have remained in such utter ignorance of tribal rights, 
or that the Ministry who were not ignorant of them could dare to instigate 
the writing of such a despatch. They must have felt that a fair inquiry 
would prove the injustice done, arid they desired to conceal it, if uot from 
the Governor, from the public. 

2 Speech of Mr. Richmond, 18th May, 1858. 



THE GOVERNOR'S DESPATCHES. 55 

renew vague and unsubstantial claims which have already 
caused the sacrifice of so many lives. ... I can hardly con- 
ceive an act of greater cruelty and weakness than that of 
throwing away all that has been gained by substituting for the 
peaceful determination of those proprietary rights a 'judicial 
inquiry' into pretensions which were disposed of by Governor 
Fitzroy in 1844, have been resisted since by every Government, 
and have at length been abandoned by the insurgents them- 
selves." On this audacious statement it will suffice to remark 
that the natives were satisfied with Fitzroy's award, that the 
Taranaki settlers had always conspired against it with more or 
less success, that neither Te Rangitake nor his friends had 
abandoned their claims under it, and that it was not until 
Colonel Browne conspired with the Taranaki settlers and his 
advisers to defeat Fitzroy's award that insurrection occurred, 
when troops were sent to dispossess Te Rangitake. But the 
Ministry had persuaded Colonel Browne that no question 
touching Te Rangitake's desolated home, if there were one, 
could fail to arise elsewhere, and the Secretary of State was so 
informed by the Queen's representative. The "guarantees in 
the treaty of Waitangi," which the Governor told the Secretary 
of State (25th May, 1861) he had "frequently repeated publicly 
and privately,"* were, as regarded Waitara, deliberately violated. 
A Board, appointed by himself, had unanimously informed him 
that there was no such thing as individual right to land, inde- 
pendent of the tribal right. All tribal rights were guaranteed 
by the treaty. All that was asked by Te Rangitake's friends 
was that the tribal and other claims at the Waitara should be 
remitted to " a judicial inquiry." Yet, driven by his wily and 
perverse advisers, Governor Browne declared that he could not 
permit the special questions at the Waitara to be so remitted. 
There were no individual rights, 1 and the Governor would 
recognize none but individual rights, and he would submit no 
question about the Waitara block to investigation by any one 
but an " officer of the Crown." His advisers were wise in not 
producing such a despatch when it was written. They did, 

1 Donald McLean's evidence before the Board (in 1856) was: " I do not 
think that any native has a clear individual title to land in the Northern 
Island.'' 



56 NEW ZEALAND. 

however, produce the pre-arrranged restrictions, which precluded 
Judge Johnston from making the inquiry at the Waitara 
a reality. 

Judge Johnson was asked to become a Commissioner to 
determine differences among native claimants, on the under- 
standing that "any question as to the title of the Ngatiawa 
tribe collectively would not be within his jurisdiction." Judge 
Johnston's acceptance of the task of determining Maori titles, 
"excluding all claims founded upon any general tribal right," 
affords a clue to his opinion as to the significance of thus 
debarring an inquirer from considering the essence of the 
subject of inquiry. " If the necessity of the appointment 
involved the necessity for my expressing, even by implication, 
or indeed of coming to a definite opinion as to the policy of 
your Excellency respecting the war, or the propriety of the 
terms of peace, or of the propriety of excluding claims founded 
upon a right or a supposed right of the Ngatiawa tribe over the 
lands in question, I should certainly deem it my duty respect- 
fully to decline the office of Commissioner." J 

Having thus effectually guarded against any compliance with 
the treaty of Waitangi, the Ministry hoped to derive some 
credit from the name of the Commissioner, who was empowered 
for the sake of appearance to associate with himself Maori 
" chiefs, not exceeding three," as assessors. Unless the assessors 
could control themselves under torture, their countenances 
must have fed fat the malevolence of their torturers when the 
following clause in their commission was translated to them : 
" Provided always that no claim, or pretended claim, of a general 
tribal right, over the whole or any part of the said land on 
behalf of the whole Ngatiawa tribe, shall be received, enter- 
tained, or investigated under this Commission." The reader, 
remembering that Judge Johnston was empowered to deal with 
the land occupied by the troops outside of the block called 
"Teira's," and that Colonel Browne, under advice, told the 
Secretary of State (7th May, 1861, despatch 71, Native) : "The 
lands in question join the block sold by Teira and his friends ; 
there has been no question of ownership raised in the one case 
that will not clearly come out in the other " will perceive the 
1 N. Z. P. P. 1861 ; E. No. 1, B. 



FAIR INQUIRY FORBIDDEN. 57 

degradation to which the Queen's representative was reduced by 
Stafford, Whitaker, and Richmond. Te Rangitake's rights as 
chieftain, and his own and the general tribal rights, were main- 
tained by himself from 1839 until 1860. Bishop Selwyn, Sir W. 
Martin, Hadfield, and others, distinctly raised the question of 
those rights, and entreated that they might be judicially examined. 
The Ministry barred Judge Johnston from entertaining them in 
his inquiries outside of Teira's block, and insolently used the 
pen of the Governor to say that no question of ownership had 
been raised within that block which would not "clearly come 
out " beyond it. It is the satisfaction of history to prove, when 
fraud has been for a season successful, that the web it has woven 
has left traces of the falsehood of the weavers. The reader, who 
remembers Mr. Richmond's ' Memorandum,' which was sent to 
Sir W. Denison, will not doubt that Judge Johnston's functions 
were circumscribed because the Ministry knew their position to 
be untenable. In 1860 Mr. Richmond said: "The issue has 
been carefully chosen the particular question being as favour- 
able a one of its class as could have been selected." In 1861 it 
was found necessary, in order to screen "the particular question" 
from the eye of the law, to exclude from an inquiry as to Maori 
ownership that tribal title on which all Maori ownership depended. 
The time was approaching when the Governor, so unworthily 
imposed upon, was to show that though deluded he was not 
intentionally dishonest. The path into which he was beguiled 
he would frankly follow. He had been told that Te Rangitake 
had no tribal rights and only wished to destroy the Queen's 
supremacy, and that even if the chief had any rights the 
Governor's duty was to despise them and make war for the 
" mana " of the Queen, and he had done so. He determined to 
prosecute it. On the day (25th May, 1861) on which he com- 
plained to the Secretary of State that Bishop Selwyn appeared 
" to ignore the guarantees in the treaty of Waitangi, frequently 
repeated publicly and privately" by the Governor, Colonel 
Browne committed his views to paper. He would first establish 
the Queen's supremacy. Afterwards he would find out the 
Maori views at a native conference, and be guided by them as 
far as possible. Civilization was unattainable until their " com- 
munal title" could be destroyed. He would give salaries to 



58 NEW ZEALAND. 

native chiefs, who should be organs of communication with 
the Government; divide native territory into districts, with a 
European officer in each ; establish schools ; pass an Act enabling 
the Crown to issue grants in commutation of native tenure ; 
and " make bush roads through the heart of the native districts." 
He would establish a tribunal, to decide land disputes, suggested 
by the Judges. In addition to the terms offered at Taranaki, 
conditions were held out to the Waikato ; after discussion, and 
modifications made by the Governor in Council on remonstrance 
by Mr. McLean. A manifesto to the Waikato tribes was issued. 
It charged the Maoris with violating the treaty of Waitangi by 
setting up a king. It required unconditional submission to the 
Queen, restitution of all plunder, and compensation for all losses. 
Mr. Smith, the Assistant Native Secretary, explai ned it for three 
hours to Tamati Ngapora, in order that the chieftain, the uncle 
of the king, might expound it to a Runanga about to be 
held at Ngaruawahia. Though Ngapora undertook to submit 
the manifesto to the chiefs it was plain that he had no hope 
of a favourable reception for it. Even as it stood it had been 
modified in deference to McLean's objections. This was on the 
25th May. On the 29th the Governor received a letter from a 
Wairarapa chief (Wellington province), stating that some of the 
chiefs, loyal at Kohimarama, were departing from their word and 
joining the king movement. 

On the 1st June the Government heard that Te Rangitake 
was making an armed progress in Waikato, at the head of more 
than 400 men, on his way to Ngaruawahia, where great prepara- 
tions were made for his reception. The chiefs, it was said, had 
resolved " rather to die as chiefs than live as slaves to the 
Europeans." On the 4th June the Governor opened the first 
session of the third Parliament of New Zealand. He narrated 
briefly the steps he had taken, and alluded to recent discoveries 
of gold in the colony. Both Houses echoed his speech. Ominous 
reports were made in July that the natives were collecting 
gunpowder. Browne wrote : " I am informed that Maori 
women purchase powder in Auckland or its neighbourhood, and 
carry it away on their backs concealed in blankets." McLean 
believed that American whaling vessels largely supplied it on 
the coast. Though the Ministry tided over the address, notice 



WELLINGTON MEMBERS SEE THE GOVERNOR. 59 

was given of a motion for inquiry into the state of the colony. 
Stafford and his colleagues met it by proposing resolutions 
binding the House to the Governor's manifesto to the Waikato. 
With an amendment, carried by a friendly member who con- 
sidered the war an Imperial one, the House adopted the resolu- 
tions (19th June). Mr. Weld, in the debate, alluding to the 
king-maker, said : "I would not speak without an amount of 
respect for the man. In his own mind he may be right, and 
looking from his point of view there is nothing to be said 
against the position he takes, but if we are to be carried away 
by any maudlin sentiment about which the world now raves, we 
really entail the ruin of that race itself, no less than the partial 
ruin of this colony for many years." But all colonists were not 
blind followers of the Ministry, and many who desired war did 
not wish to enter upon it without more men from England. A 
deputation of representatives of the province of Wellington in 
the Assembly (Mr. Fox, Dr. Featherston, Mr. Fitzherbert, and 
three others) waited upon the Governor to warn him that dis- 
trust was spreading, that the Maoris were becoming convinced 
that he was determined to attack them separately in detail, and 
that many who had held aloof from the Taranaki dispute as a 
personal matter between Te Rangitake and the Governor would 
now, if war were undertaken (as they heard was probable) 
against the Waikatos, feel compelled to make common cause 
with their countrymen ; and that the forces in New Zealand 
were inadequate to protect the colonists against a general 
insurrection. Governor Browne might be unwise, but he was 
bold. He thought it likely that the invasion of the Waikato 
country would cause a general rising, but he would carry out his 
resolution, and " insist upon the terms he had proposed to the 
Waikatos." 

Settlers must suffer, but must, as at Taranaki, build and 
defend block-houses. War was not made with rose-water. 
Auckland from its position was most exposed, but Colonel 
Browne did not believe that for some time there " had been 
imminent danger even there." Having pleaded in vain for 
Wellington, Wanganui, and Wairarapa, the members foreboded 
from the Governor's demeanour the destruction of the fruits of 
20 years of colonization. They presented a report of their 



60 NEW ZEALAND. 

interview on the 20th June. It does not appear that the 
Ministry objected to the strange procedure. The paper appears 
as " laid on the table by Mr. Fox, and ordered to be printed." 
The recognized leader of the Opposition gave notice of a motion 
of want of confidence, and the Governor understood that if there 
should be a change of Ministry, the new men would not hold 
themselves bound by the manifesto to the Waikato tribes. He 
thereupon communicated with the House (25th June) independ- 
ently of his advisers. He reminded it of its resolutions of the 
19th June ; " 1. That the establishment within these islands of a 
sovereign authority, independent of the British Crown, is incom- 
patible with the security of the colonists, the civilization of the 
natives, and the welfare of both races. 2. That if, unhappily, 
negotiations should fail, this House, relying on the best practi- 
cable provision being made for the protection of life and property, 
is of opinion that it is the duty of the colony to second the 
measures taken by the Imperial Government for the assertion 
of Her Majesty's sovereignty, and securing a lasting peace." 
Colonel Browne wanted a more clear definition of the colonial 
assistance thus offered. His advisers enabled him to tell the 
Secretary of State that they agreed with the course he took. 
Some members objected that the Governor could not constitu- 
tionally address the House except under advice ; but an address 
was unanimously adopted, pledging the House to "assent to 
organization and maintenance of militia to defend the several 
settlements, and to approve of the acceptance by the Colonial 
Government of advances from the commissariat chest for de- 
fraying the requisite expenditure on the conditions prescribed 
by the Secretary of State (January, 1861), viz. "that all such 
advances will be repaid from colonial funds, so far as the 
Imperial Government shall require repayment." These con- 
ditions had been imposed in consequence of the loose manner 
in which Colonel Browne had left the question of repayments 
" for future adjustment between the mother country and the 
colony," when he was inveigled into the Taranaki war. The 
Assistant Commissary-General had pointed out that advances 
for militia purposes, such as the Governor required, were at 
variance with War Office regulations ; and after lengthy cor- 
respondence the Governor obtained the money, but postponed 



THE GOVERNOR AND THE ASSEMBLY.' 61 

the question of repayment Mr. Richmond "respectfully sub- 
mitting that the colony was entitled to the ultimate refund of 
its advances, and that his Excellency should, on behalf of the 
colony, claim such refund." Now, when a larger war was being 
prepared, in dire need of money, but undismayed by danger, and 
thirsting for control of Maori lands and people, the pledge 
(qualified in their address " to the extent of the limited resources 
of the colony ") required by the Secretary of State was given 
by the representatives, who, in their turn, reminded the Governor 
that it would be more costly to provide a militia than to obtain 
more soldiers. The Governor could not refrain from calling the 
attention of the Secretary of State to the able and manly speech 
of Mr. C. W. Richmond, the Treasurer, which placed " the whole 
subject in its true light." At the very time when this matter 
was considered in the House, General Cameron was representing 
that the militia force was inadequately available. Its members 
could only be called out for service within limited districts. He 
knew of no other country with such narrow limitations as a circle 
of 15 miles radius. He had wished to inspect the force. Ob- 
taining no satisfaction, after repeated requests, and finding that 
the policy of the Ministry was to make a quarrel and leave the 
soldiery to fight it out, he urged, on the 1st July, that he must 
fully inform the authorities in England. " It was his duty to 
direct their attention to the fact that at this critical juncture, 
when every settlement in this island is threatened with attack, 
the militia has not been called out at any of them except at 
Taranaki, where, according to Major Herbert's report, not more 
than 100 militiamen can be considered fit for duty." He had 
commenced preparations for attacking the Waikato when in- 
structed to do so. Such an expedition should not be undertaken 
with much less than 3000 men, and he wished to know, whether, 
in case of hostilities, garrison duties could be performed by 
militia, as barely 2500 troops were available for field service. 
Mr. Stafford furnished in reply a vague memorandum of a kind 
with which he had for many weeks set aside the Governor's 
importunity. 1 It was lengthy, and evaded a reply to the 
General's requests. 

1 Governor Browne. " From the 22nd March, I have constantly urged 
the subject verbally" (July, 1861). P. P. 1862; vol. xxxvii. p. 66. 



62 NEW ZEALAND. 

The Governor, in the midst of these troubles, wrote a strange 
despatch in July, 1861. Maoris believed that the Queen was 
not unfriendly to them, and hoped that Browne's proceedings 
might be disapproved of. Their loyalty to the throne had 
survived, despite their wrongs at Waitara. The pernicious 
suggestion that there was any variance between his and the 
Queen's intentions did (in Colonel Browne's opinion) infinite 
mischief. Even Sir William Martin had said that " a temporary 
estrangement from the Colonial Government would be followed 
by a strong and abiding attachment to the Government of 
England." To crush these hopes Browne requested that a 
Royal Proclamation of the Queen's will might be sent by the 
earliest opportunity, in order to undeceive the Maoris. With 
strange blindness, while averring to the Maoris that the Taranaki 
quarrel did not relate to land, he suggested that it should be 
announced, in Her Majesty's name, that confiscation of land 
should be held in terrorem against all who might take up arms 
against the Queen. However just his intentions might be, his 
acts ministered to covetousness at Taranaki, and the Maori 
mind was well aware of their tendency. The situation was 
deemed so critical that both Houses sat in secret Committee, 
and resolved (5th July) that more troops were necessary that 
there was no doubt that a large majority of the natives in the 
North Island were adherents of the native king, and that 
authentic information established the fact that in the event 
of offensive operations against the Waikatos, they would act on 
the defensive, while attacks would be made in force elsewhere 
by their allies. Troops must be obtained. Effectually to put 
down the rebellion would be the course most humane, most 
beneficial to the Maoris, and the cheapest for the Imperial 
Government. 1 On the following day the Governor procured 
the concurrence of his Executive Council with these views, 
General Cameron, who was a member, limiting his assent to the 
propounded military necessity. The Governor also wrote a 
long despatch (6th July), requiring force enough to "subdue 
the Maoris once and for all." 2 With it he transmitted the 

1 These secret resolutions were printed by order of the House of Com- 
mons. P. P. 1862 ; vol. xxxvii. p. 76. 

2 In acknowledging (to the new Governor, Sir G. Grey) a despatch from 



MAORI REPLY TO GOVERNOR'S MANIFESTO. 63 

reply of the king-maker, Te Waharoa, to the Governor's mani- 
festo to Waikato. 

The Maori Runanga replied briefly. The chiefs deprecated 
(7th June) strife. Let the Governor " be slow to wrath, swift 
to hear. . . . This is our intention. We are not going to rise 
up to right. . . . Let our warfare be of the lips alone. If such 
be the course it will be a long path ; our days will be many 
while engaged in such warfare. Let it not be converted into a 
battle fought with hands. That is a bad road a short one : 
our days will not be many while engaged with the edge of the 
sword. . . . Let us not be committed to the short path ; let us 
take the circuitous one ; though circuitous its windings are 
upon firm land. There were proverbs Not by the straight 
path, or meagre fare for the traveller. Let us take the wind- 
ing course, or abundance, the portion of the stayer at home. It 
is for you to interpret these proverbs. There are more to come." 
The king-maker wrote separately. Commencing with dark 
hints and rhythmic strains, he said : " My song refers to those 
who are double-hearted, whose lips are given to this side and 
their heart to the other side." Why was there invidious dis- 
tinction between the races ? "I thought that the currents of 
every river flowed into the mouth of ' Te Parata ' (the un- 
fathomable profound of ocean), where no distinction is made, 
nor is it said ' You are salt water, and that is fresh water 
remain you away from a preference for the salt water only.' 
In like manner, as the currents from the various islands flow 
into the mouth of Te Parata, so also all the kingdoms of the 
different nations rest upon God, as the waters rest upon the 
mouth of Te Parata. When this work is arrived at we are 
rebuked. Now, when I worship God I am not rebuked. This 
great name of God which is spoken of to me, why is this free 
to me, while of the name of king I am told, ' It is sacred, 
mention it not ' ? Let the Pakeha look to Deuteronomy, chap, 
xvii. verse 15. Was not the Queen English, Nicholas Russian, 

Colonel Browue, enclosing an opinion from Sir W. Martin at this period 
the Duke of Newcastle deprecated "allowing a sanguinary war to spring 
up," and hoped "with Sir W. Martin, that just and effective government 
by giving the natives what they are blindly feeling after, would eventually 
throw the king movement into the shade" (22nd September, 1861). 



64 NEW ZEALAND. 

Buonaparte French, Pomare Tahitian, each from his own people ? " 
With unhappy logic he asked : " How was it that the Americans 
were permitted to separate themselves ? Why are they not 
brought under the protecting shadow of the Queen ? for that 
people are of the same race as the English. Whereas I, of this 
island, am of a different race, not nearly connected. ' My only 
bond with you is in Christ'" (Ephes. ii. 13). If all countries 
were united the standing aloof by the Maori might be blameable ; 
but they were not. "Friends, do not be offended. Let me 
make known my thoughts on the great matter which has 
furnished a cause of dispute." The treaty of Waitangi did not 
justify the anger of the Pakeha. One chief could deal with his 
own, but not with the things of another chief. The great boon 
of Christianity was accepted gladly by Maoris. " I say, O friends, 
that the things of God are for us all. God did not make night 
and day for you only. No ; summer and winter are for all ; the 
rain and the wind, food and life, are for us all. Were these 
things indeed made for you only ? I had supposed they were 
for all. If some were dogs and others were men it might be 
right to be angry with the dogs, and wrong to be angry with 
the men. My friends, do you grudge us a king, as if it were a 
name greater than that of God ? If it were so that God forbade 
us, then we would give it up ; but He forbids not, and while 
only our fellow-men are angry we will not relinquish it." He 
denounced the haste with which Colonel Browne plunged into 
war at Taranaki. He gave no warning. He had not said to 
the Maoris, " Friends, I intend to fight at Taranaki. . . ." The 
wrong-doer, who became unjustly angry, was the Pakeha. Te 
Rangitake, who was wronged, had done no evil. Why was not 
the case submitted to judgment ? Why was the evidence of 
one man taken, when the Governor might have called the 
neighbours together to learn the truth ? " Friends, wherein 
is our friend the Governor right, whom you believe in ? Te 
Rangitake, the man of calm thought, is misjudged by you ; and 
the Governor who hasted to anger is supported and praised. 
Hence are my thoughts perplexed, for James said, ' Be slow to 
wrath, swift to hear.' As it is, the precept in Proverbs, chap. xvi. 
verse 32, has not been carried out." Had Te Waharoa been 
angry there would have been some excuse, but the wise Pakeha 



WAHAROA'S REPLY. 65 

should not become passionate like a child. Te Rangitake having 
been invited by Te Whero Whero to return to Waitara, it was 
just that the Waikato should sympathize with the assaulted 
chief when he called to Waikato for help. Allies connected by 
blood-relationships, appealed to, and averse by Potatau's desire 
from land-selling the Waikatos were bound to aid Te Rangi- 
take. As to the charge of murdering; look at the death of 
Katatore. " He was waylaid and died by Ihaia. That was a 
foul murder. You looked on and made friends with Ihaia. 
That which we regard as a murder you set at nought; and 
you call that a murder which we deny to be one." The 
Governor had not warned his own unarmed people to remove 
out of the way when he declared war. He should have done 
so. " Had he even said to the Ngatiruanui, Friends, do not 
kill the settlers, it would to some extent have been a little 
clearer. Enough on the subject of the murders." Restitution 
of property was demanded by the Governor. But Rangitake's 
" pah was burnt with fire ; the place of worship was burnt ; and 
a box containing Testaments, all was consumed ; goods, clothes, 
all were consumed. The cattle were eaten by the soldiers ; 
and the horses, 100 in number, were sold by auction by the 
soldiers. It was this that disquieted the heart of Te Rangitake 
- his church being burnt with fire. Had the Governor given 
word not to burn his church, and to leave his goods and animals 
alone, he would have thought also to spare the property of the 
Pakeha. This was the cause. . . . The Governor first com- 
menced the road, and Te Rangitake merely followed upon it." 
. . . From your loving friend Wi Tamihana Te Waharoa." 

With the decision of the runangathe king-maker sent a letter 
to the Governor, explaining that he had set up Potatau, in 1857, 
to put an end to land feuds, " to put down troubles, to hold the 
land of the slave, and to judge the offences of the chiefs. I do 
not desire to cast the Queen from this island, but from my own 
land. I am the person to overlook it. Enough." He called 
to mind that he was converted to Christianity at the Rotorua 
war in 1836, and had ever afterwards laboured with the mis- 
sionaries for peace, and to stay the river of blood which war 
made to flow in the land. But the Governor was unconvinced. 
He told the Secretary of State that he must have more troops 

VOL. II. F 



66 NEW ZEALAND. 

to subdue the Maoris at once, or the Northern part of the 
colony must be abandoned to " Maori law, of which the aptest 
symbol is the tomahawk." 

The Governor's language perhaps caused the immediate 
downfall of the Stafford Ministry. On the same day (3rd 
July) that the House agreed to the repayment of Imperial 
advances for militia purposes, Mr. Fox moved a direct vote of 
want of confidence in the Ministry. After more than one 
adjournment the motion was carried by 24 votes against 23. 
It was remarked that Otago and Wellington furnished much 
strength to the majority. It was not, however, by reason of 
their policy on native affairs alone that the Ministry had fallen. 
On provincial questions there had always been discontent. The 
new Ministry contained many well-known names. Mr. Fox was 
Attorney-General and Colonial Secretary; Dr. Featherston, 
Mr. Reader Wood, and Mr. Mantell became the Governor's 
advisers. The part taken by Mr. Fox and Dr. Featherston 
in discussing the Taranaki war, obtained for the new Ministers 
the name of the peace-at-any- price Ministry." They took 
office on the 12th July. Their predecessors were resolved 
that the treatment of Maori interests should undergo no 
change. It was moved that the Governor's " memorandum 
on native affairs be translated into Maori, and sent to the 
principal chiefs in the island." The Fox Ministry would have 
contended in vain against the motion, and it was universally 
accepted. Thus the men who had opposed injustice at Taranaki 
were chained to the car of the new war which the Governor had 
determined upon at Waikato ; and the opportunity for a change 
of colonial policy was lost. Governor Browne, with pardonable 
exultation, told the Secretary of State that his views in reference 
to war ..." and to the future management of the native race," 
had " been accepted and approved by all parties in the House." 
Mr. Richmond meanwhile was not content with the negative 
triumph deducible from the Governor's proceedings. He aimed at 
actual control. On the 1st August, before the Fox Ministry were 
fairly settled in their places, he moved a direct vote of want of 
confidence. On a division he obtained 25 votes against 26. 
Mr. Fox strengthened his Ministry on the 2nd August by the 
accession of Mr. Sewell and Mr. Crosbie Ward. Although 



Fox MINISTRY. 67 

Sewell had been Richmond's colleague in the Stafford Ministry 
Richmond was still unsatisfied. On the 8th August he furnished 
what the Governor called (in a despatch dated the 9th August) 
a " valuable memorandum " on the king movement. The pur- 
port of it was to deny that any terms could be found for peaceful 
dealings with th3 Maori king's followers. But resolute as he 
was to support a warlike course he was equally determined to 
deny that he was responsible for the Waitara quarrel. Dr. 
Featherston had moved in June for certain correspondence 
between Bishop Selwyn and Mr. Parris. In debate he alluded 
to the sinister influence exercised by Mr. Richmond over the 
Executive in relation to the Waitara. A petition from Mr. 
Abraham, a barrister, confirmed his suspicions. Mr. Abraham 
had claims at Waitara recognized by the New Zealand Company, 
but the company resigned their charter in the year of 1 is arrival 
in the colony. He looked to the Crown for satisfaction of his 
claims. Mr. Richmond, as Provincial Attorney at Taranaki, 
advised, in 1854, that such claims as those of Mr. Abraham 
should be deemed " unavailable and extinguished " unless 
exchanged for Government scrip; but the regulations framed 
upon this advice were disallowed by the Government on 
memorial from various claimants. The Land Orders and Scrip 
Act of 1856 commuted claims at Taranaki by obliging claimants 
to accept (in lieu of 50 acre lots) one acre of town land, or 12 of 
suburban, or 50 acres of rural land. An amending Act (in 1858) 
made further changes, and was proclaimed in 1859, having been 
reserved for the Royal assent. While the Bill which thus 
became law was in progress, Mr. Carrington, as agent for claim- 
ants at the Waitara block under the New Zealand Company's 
original (alleged) purchase from the natives, threatened) to 
memorialize the Colonial and Imperial Governments against the 
provisions of the Bill, and at an interview with Mr. Richmond 
was induced to withdraw his opposition by promise of increased 
compensation; viz. 37^ acres of suburban, or 75 acres of rural 
land, instead of the quantities proposed by the Bill of 1856- 
Mr. Richmond obtained Mr. Carrington 's written consent to 
these terms. Mr. Abraham averred that Mr. Richmond under- 
took that the Government would make efforts to acouire the 
Waitara land, but Mr. Carrington's recollection (in 1861) was 

F 2 



68 NEW ZEALAND. 

that Mr. Richmond had said at the interview in 1858 : " You 
cannot expect the province to go to the expense of obtaining the 
Waitara land, and then hand it over to you and your friends." 
Richmond was then Native Minister, and the attempt to obtain 
the block by purchase from Teira commenced in 1859. Coupling 
these facts with his recollection of the petition of the Taranaki 
Provincial Council in 1858, and Mr. Parris's letter alluding to 
Mr. Turfcon's " peremptory plan for acquiring the Waitara dis- 
trict," Dr. Featherston declared that his suspicions were justified. 
Mr. Weld moved for a Committee to report on the charge thus 
made in debate. At first he placed on the Committee four of 
his own friends, and three of Dr. Featherston's, but subsequently 
the Speaker and the Chairman of Committees were added on 
his own motion, and a tenth -member was 'added on the motion 
of a supporter of the Fox Ministry. In the inquiry Mr. Rich- 
mond denied that he had brought undue pressure to bear on 
the Governor, or had advised specially the purchase of the 
Waitara block. Dr. Featherston cited as his justification, Major 
Nugent's despatch in 1855 (with Te Rangitake's complaint 
against Mr. Turton) ; Governor Browne's statement in 1855, 
that the feud had been aggravated by the injudicious zeal of 
Mr. Turton, who had " revived the old suspicion that the 
Europeans would not rest till they had slain and taken posses- 
sion ; " with various other facts already told. Mr. Richmond 
cross-examined witnesses, and Mr. Parris vainly strove to explain 
away his written allusion to Mr. Turton's " peremptory plan." 
Mr. Turton wrote a long letter to exculpate himself, and denied 
that the Waitara block was " coveted " by the settlers, because 
" no man could covet his own property," and they had properly 
bought it from the New Zealand Company. To prove his con- 
sistency he quoted from his diary in 1855 a statement that 
" the full justice of the case would require that Rangitake's 
people should be at once removed away beyond the original sur- 
veyor's line at Titirangi." Mr. Parris, the inculpator of this 
would-be remover of hundreds of Maoris, was called upon in 
1860 by the Governor to state whether he had told the Bishop, 
in 1838, that "he was sorely beset to enter into a conspiracy to 
deprive Rangitake of his much-coveted land at Waitara " Dr. 
Featherston having stated at a public meeting at Wellington 



SELECT COMMITTEE RICHMOND'S INFLUENCE. 69 

that he had seen a letter from Mr. Parris to the Bishop to that 
effect. Parris had no copy of his letter, and the Bishop declined 
to produce it without the writer's permission. It appeared that 
the letter was no private one, but written at the request of 
about twenty natives who desired to have a minister established 
among them. The charge against Mr. Turton was only inci- 
dental, but couched in plain words, that he desired " to 
exterminate the natives from the Waitara in accordance with 
his peremptory plan for the acquirement of that delightful 
and much -coveted district." The letter was produced with 
Parris's consent, together with correspondence between Rich- 
mond and Parris in 1859 and 1860 about the Waitara block. 
In 1859 Mr. Richmond wrote : " I concur with you in thinking 
that there is no occasion, under the Native Reserves Act, to 
obtain the consent of every native who signs a deed whereby a 
reserve is made. . . . The Governor is very anxious about the 
completion of the purchase from Teira. I am sure you will 
press the matter as fast as appears prudent. . . . The Governor 
feels he is pledged to effect the purchase." The Committee 
examined Mr. Richmond, Mr. Parris, Mr. Carrington, Dr. 
Featherston, Mr. McLean, and Mr. Weld (their chairman). 

Mr. Richmond denied having' brought undue pressure to bear 
on the Governor. The Governor wrote a letter to relieve him 
from the charge. Mr. Richmond cited a ministerial memoran- 
dum signed by himself in May, 1860, asserting that the pro- 
ceedings at Taranaki " were not at any stage urged upon the 
Governor, or so much as suggested to him by his responsible 
Ministers." He denounced the revelation of " secret thoughts 
and feelings expressed by Mr. Parris in confidence under the 
seal of privacy to his spiritual teacher," and averred that " the 
true meaning of Mr. Parris's passionate and involved expres- 
sions had been utterly perverted." In examination Mr. Parris 
said he was blamed by the settlers at Taranaki for having 
warned Te Rangitake of the ambush prepared for him at the 
pah evacuated by Ihaia, and admitted that his letter to the 
Bishop was not private, though he did not suppose the Bishop 
had a right to show it to any one. The Chairman of Committees 
asked for leave to acquaint the Bishop with the charge made by 
Mr. Richmond of improperly disclosing the contents of Parris's 



70 NEW ZEALAND. 

letter, but did not obtain it. Parris in reply to Dr. Featherston 
said that in discussions with Te Rangitake the latter generally 
used the expression : " I will not consent to divide the land, 
because my father's dying words and instructions were to hold 
it." Parris quoted these words in a letter to Mr. Richmond on 
the 16th February, 1860. This date is significant, when it is 
remembered that Parris was replying to Mr. Richmond's official 
letter of 25th January, ordering him to survey the disputed 
block, and if resistance should be offered, to call in the aid of 
the military ; that on the 17th March fire was opened upon Te 
Rangitake's pah, and that Richmond, in a memorandum addressed 
to Colonel Browne on the 20th March, used these ominous 
words : " The occasion has been carefully chosen the particu- 
lar question being as favourable a one of its class as could have 
been selected." 

It may seem strange that this pregnant sentence escaped Dr. 
Featherston's notice if already published in New Zealand. In 
March, 1861, it was printed by order of the House of Commons ; 
having been sent by Colonel Browne to Sir W. Denison when 
applying for troops with which to crush Te Rangitake, and hav- 
ing been transmitted to England by Sir W. Denison. If it had 
been presented to Mr. Weld's Committee it would probably have 
failed to influence them. Exposure of Mr. Richmond did not 
seem calculated to do good in times so excited. Mr. Weld pro- 
posed : " That there is no ground whatever for any imputation 
that undue pressure has been brought to bear in the Executive 
by Mr. C. W. Richmond on the Waitara question, and that this 
Committee considers his vindication complete." An amendment 
to insert the words " without imputing blame to Dr. Feather- 
ston " after the word " Committee " was carried by 6 votes to 
4, and was protested against by the minority as beyond the 
scope of the Committee. The report of the Committee was 
adopted by the House, but cannot be respected as historically 
true. Men's minds are so strangely warped by the turmoil of 
action, that not only his friends but even Mr. Richmond himself 
may have conscientiously believed in his defence. 

While the Governor prepared for war, the Maoris were not 
idle. The king-maker visited the Eastern tribes to learn their 
powers and encourage their devotion. The English sent the 



SIR G. GREY RE-APPOINTED GOVERNOR. 71 

Rev. Mr. Wilson to persuade him to meet the Governor, and it 
seemed he was about to do so, when Porokoru (whom General 
Pratt thought he had killed at Mahoetahi) declared, with others, 
that, if the project were carried out, the king-maker would be killed 
by the Maoris on his return. It was useless for him to protest that 
his counsels could not be changed. He yielded to the will of 
the tribe. English troops were pushed forward to the border of 
the debateable land, and the spark which would kindle the 
elements of war might hourly be expected. Yet one more hope 
remained for peace. The Governor had written in February, 
1861, that he had found the Ngapuhi " less well affected than 
when he last visited them." His despatch was received on the 
20th May, and on the 25th the Duke of Newcastle relieved 
Colonel Browne from his office. With studied courtesy and 
acknowledgment of past services he hoped that the Governor 
would not feel it as a slight if the English Government at so 
critical a time of spreading disaffection, availed itself of the 
" remarkable authority attaching to the name and character " of 
Sir George Grey, and re-appointed him in New Zealand. 
Future employment was opened to Colonel Browne; and he 
obtained it at Tasmania. Men breathed freely in New Zealand. 
All had dreaded the war into which Colonel Browne was anxious 
to plunge at Waikato with the force at his disposal. Those 
who did not wish to spare the Maoris wanted more troops and 
ammunition before recommencing the strife. The Secret Com- 
mittee of both Houses had asked for them, and the Governor 
seconded the request. They, indeed, would have waited for 
them. The soldier Governor did not shrink from provoking 
battle with the force at hand. His and General Cameron's 
various applications for men were afterwards compendiously 
answered by the Duke of Newcastle in a despatch to Sir George 
Grey, declaring that "the Imperial Government had done 
enough by sending' out 6000 men, and that the colony can and 
ought to do the rest." 



72 



CHAPTER XT. 
GOVERNOR BROWNE'S DEPARTURE. 

GOVERNOR BROWNE gracefully accepted the despatch recall- 
ing him. He promised his successor loyal assistance, and de- 
clared that the appointment of Sir George Grey, "who has so 
much personal influence with the Maoris, and is so deservedly be- 
loved by them, affords the best hope of a peaceful solution of the 
present difficulty." He communicated the tidings by letter to 
Waka Nene. He received complimentary addresses from friendly 
Maoris and from public bodies. The Taranaki settlers thanked 
him almost unanimously for his proceedings in that province, 
though they were still cooped up in their fortified town. 
Amongst the Maori addresses was one from Tamati Ngapora, 
the uncle of the Maori king, known in after years as Manuhiri 
(or the guest). Ngapora declared that his heart was " relieved 
because the threats against Waikato had not been fulfilled." 

Sir George Grey arrived in Auckland on the 26th September, 
1861, and his predecessor conferred with him before sailing 
away on the 2nd October. On the 3rd, Grey assumed office. 
His chief adviser was Fox, his bitter opponent during his pre- 
vious term of office in New Zealand. His consultations with 
his Ministers were long and anxious. His relations with the 
men who formed it were changed since he had wielded the 
Governor's powers in a Crown colony. The Constitution Act 
of 1852 had in a mangled manner been brought into operation, 
and, contrary to British constitutional usage, the local respon- 
sible Ministers could assume office without resorting to their 
constituents for approval. Sir G. Grey had kept the office of 
Land Purchase Commissioner distinct from that of Native 
Secretary. Governor Browne by merging them had bred 
suspicions in the Maori mind, and the Ministry informed his 



WAR LIABILITIES. 73 

successor that they lay at the root of existing troubles. The 
Government was looked upon as a gigantic land-broker. In May, 
1861, McLean had resigned the Native Secretaryship, but the 
effect of the past combination was not effaced. The loss from 
the Taranaki war, so lightly entered upon and so fruitless, was 
thus furnished to Sir G. Grey : The British extraordinary 
expenditure had been 500,000; colonial expenditure on 
military objects, 193,000 ; cost of removing and aiding women 
and children, 29,000; losses of settlers, 150,000; total, 
872,000. Colonel Browne had sent troops to the front to 
enter upon a war at Waikato; and Mr. Carter, a member of 
the House, had openly stated that on the outbreak of war 
the probable cost of removing and maintaining for one year 
women and children exiled from threatened positions of the 
Auckland, Wellington, and Hawke's Bay provinces, together 
with the destruction of property there, would be 1,312,000. 
General Cameron reported the expense of maintaining the 
6000 troops in New Zealand to be 4-37,715 for the year 1861 ; 
the increase on account of wax being 337,715. To enter on 
a Waikato war would raise the military expenditure to nearly 
a million sterling in the year. The ordinary revenue of the 
colony was only 282,000 a year. The colonial war-liability 
already amounted to 350,000, and was increasing at the rate 
of 80,000 per annum. Sir George Grey in conveying this 
information urged as a reason for avoiding war, if possible, 
that not only on Europeans, but on Maoris, miseries would be 
entailed. He was already endeavouring to devise a policy with 
his Ministers. On the 2nd November he warned the English 
Government of the peculiar condition of the Waikato district. 
Throughout the Taranaki war, while the Waikato warriors 
were in the field afar, all Europeans, civil, military, or private 
persons in the district were unmolested. A Mr. Armitage 
resided in it, leasing land from a chief (contrary to the colonial 
law), warning pedestrians not to cross it, exacting a fine of one 
shilling for trespass, and notifying that he would personally levy 
it from Maori and European alike. Maori chiefs in other places 
administered for themselves a rough imitation of English law, 
levying distress in the immediate vicinity of the so-called Maori 
king. The king-maker had founded a school, and was seen 



74 NEW ZEALAND. 

on the 17th October engaged with his son in ploughing the 
school land, from the produce of which the children were to be 
supported. Mr. Gorst, a Fellow of St. John's, Cambridge, who 
had been previously in the district, had been recentty sent 
by the Colonial Government to inspect certain schools there. 
Well might it occur to Sir George Grey that it would be better 
to endeavour to establish law and order by peaceful means than 
to carry slaughter into such a district. 

Mr. Gorst in his book, ' The Maori King,' has given a remark- 
able picture of what he saw, and draws the sad conclusion that 
the quarrel with the Maoris might by prudence have been 
avoided. His narrative well deserves perusal. He knew the 
king-maker, heard him state his intentions before his peace- 
making journey to Taranaki, and observed that they were 
punctually fulfilled in spite of misrepresentations by Europeans. 
After the arrival of Sir G. Grey, when Mr. Gorst was appointed 
Commissioner and magistrate at Waikato, he endured the con- 
dolences of the king-maker for becoming so mean a thing as an 
officer of the Government. On one subject Sir George Grey 
took the responsibility of " delaying the execution " of the Duke 
of Newcastle's commands ; viz. to tell the Otaki natives that 
their professions of loyalty to the Queen would have "made a 
more favourable impression (in England) if they had not been 
accompanied by the disloyal ceremony of hoisting the so-called 
Maori king's flag, in which the greater part of the natives of 
Otaki appear to have taken part." Sir G. Grey thought it 
needful to make " a fair inquiry as to whether the natives of 
Otaki," who signed the petition to the Queen, "had been in 
any way concerned in hoisting the Maori king's flag." He 
thought them loyally disposed. "If I were," he said, "to 
communicate the answer I am directed to give them I should 
rouse a feeling of hopeless desperation in the minds of large 
numbers of natives who are still well-disposed." 1 

On the 2nd November Sir George Grey gave an outline of 
the policy he hoped to pursue. Not to renew military opera- 
tions, but to introduce institutions suited to the circumstances 
of the Maoris, formed the principal features. To secure as 
many friends as possible, and thus reduce the number of pro- 

1 Despatch; 10th October, 1861. 



SIR G. GREY'S NEW POLICY. 75 

bable enemies in case of war, was another object. Already he 
had drawn up a scheme with which, in the main, his responsible 
advisers concurred. The northern island was to be divided 
into about 20 districts, and subdivided into hundreds. Native 
magistrates and police-officers were to be paid. The runanga 
of each district was to be composed of the Civil Commissioner 
and twelve persons. The runangas of the hundreds were l.o 
select representatives for the district runanga, and the Governor 
would generally appoint them, giving preference to those ac- 
quainted with the English language. The district runangas were 
to be charged with many functions of legislative character ; viz. 
suppression of nuisances and preventing drunkenness. Hospi- 
tals, gaols, and schools were to be under them ; and they were 
to provide for the adjustment of land disputes, tribal or indi- 
vidual. When boundaries were settled native owners might dis- 
pose of land, not exceeding one farm in each case, to a European 
purchaser approved by the Government, on the recommendation 
of the runanga. The Ministry drew up a careful commentary 
on each proposal, but in the main concurred. Fines and fees 
and a house or land-tax were to provide ways and means. 

On the 4th of November the Governor, rapid as of old, was 
ready to start for the Bay of Islands to proffer his new institu- 
tions to the Ngapuhi, to whose great chief, Waka Nene, he had 
already presented a silver cup forwarded by the Queen in com- 
pliance with Colonel Browne's application for some mark of 
favour. The General, the Commodore, and the Prime Minister 
accompanied him. The reception of the Governor and of his 
new policy was enthusiastic. Many questions were asked about 
the salaries to be received by the native functionaries, and it 
was carried by acclamation that the scheme was excellent. 
With the Ngapuhi tribe, still swayed by Waka Nene, and ever 
faithful to the Qeeen under the Waitangi treaty, it was not 
difficult to maintain friendly relations. To them Sir George 
Grey was still their old friend, conversant with their traditions 
and commanding their affections. It was otherwise at Waikato. 
Te W T hero Whero, his especial friend, had passed away; and 
the advisers of the king were poisoned against Europeans. 
The greed of the Taranaki settlers, which had culminated in 
the Waitara land quarrel, had aroused suspicions which even 



76 NEW ZEALAND. 

Sir George Grey's reputation could not lull. On that reputa- 
tion also was the stain which made Te Waharoa say when in- 
vited to a conference at Auckland : " Shall I go and be treated 
like Rauparaha ? " While from various quarters came loving 
congratulations upon his return to Maoria, from Waikato no 
sign of friendship was shown. The chieftains held aloof, and 
watched. When propositions were made for a deputation from 
Waikato to the Governor, in compliance with an invitation from 
Tamati Ngapora, a chief rose and said that he had been warned 
by a letter from Auckland that Sir George Grey was luring 
them to a trap : that at the Cape of Good Hope he had invited 
Kaffir chiefs to a conference and had made them prisoners. It 
would be better for Sir George Grey to visit Waikato. The 
joint efforts of Bishop Selwyn and Tamati Ngapora were thus 
frustrated. Mr. Fox, who afterwards wrote a book called ' The 
War in. New Zealand,' declares that when Tamati Ngapora re- 
turned from his visit to the king's people, he was reticent and 
formal, and it was " evident that his visit to Waikato had done 
him no good." His interview with the Governor was protracted 
and nugatory. The king-maker wrote a letter in November. 
In a Maori vessel, forbidden by the runanga to carry spirits, had 
been found three kegs of spirits, put on board by a Frenchman. 
The runanga seized the spirits, and the king-maker reported and 
justified the fact. The spirits were retained untouched. Sir 
George Grey sent Mr. Gorst to explain that such misdeeds would 
be prevented under his new institutions. The king- maker's 
tribe assembled at Arikirua to discuss the matter, and thought 
that laws made by the runanga, confirmed by the king, and ap- 
proved by the Governor, ought to be obeyed. But they could not 
give up their king or his flag. A second meeting at Tamahere 
was less docile, though the king-maker admirably expounded 
the Governor's plans. Mr. Gorst went to Ngaruwahia, where 
the king's counsellors discussed but postponed the subject till 
the 12th December, when a great meeting was to be held at 
Taupiri, and Sir George Grey's presence was expected. In 
these events the Governor saw further proof of the need of law. 
On the 30th November he wrote that he did not deem it 
right to carry out his predecessor's determination to compel 
obedience to the manifesto of the 21st May, 1861. Such terms 



GOVERNOR BROWNE'S MANIFESTO ABANDONED. 77 

could not be enforced. The attempt to enforce them would 
supply a bond of union against British authority. There was 
no such paramount authority among the Maoris as to enable a 
chief to ensure obedience to conditions. The terms offered by 
Governor Browne at Waitara in April, 1861, had been accepted 
by certain chiefs; but when a Commissioner had gone thither 
to carry them out, the chief who had formerly agreed to them 
could not assist. It rested, he said, with the people. The 
collective title could not be dealt with except by the tribe. 
The Commissioner, amid threats of violence, was obliged to 

* O 

leave. Moreover, Governor Browne's Waikato terms were inap- 
plicable to the district, and it was better to withdraw from than 
to enforce them. Sir George Grey also thought it unwise to 
call together a conference like that at Kohimarama in 1860, 
which Governor Browne and his advisers had made it a cardinal 
point to repeat in 1861. Many chiefs had formerly held aloof. Its 
decisions would not be binding. It was better for the Governor 
to propose institutions and to trust to their being adopted in 
detail by various tribes. He could not prophesy that war could 
thus be avoided, but no other course was equally promising. 
The difficulty was to induce confidence in the Government, and 
as yet it had not been secured. His Ministry had promptly 
supplied him with a memorandum on the subject of ministerial 
advice upon native affairs. Governor Browne's plan of receiving 
advice and reserving his discretion in adopting it had worked 
badly. To obtain responsible government it had been yielded to, 
but was not liked, by the Assembly. The Native Department, 
unsupported by the representatives, was incapable of good. 

Sir George Grey, who had in former days been censured for 
imputed opposition to representative government, met his 
Ministers in their desire to do away with the double govern- 
ment, which had been so unprosperous in the hands of Colonel 
Browne. He resolved to consult them on native affairs as on 
other subjects. He had transmitted their memorandum on the 
9th October, and on the 30th November be asked the assent of 
the Secretary of State to his proposal to treat all affairs alike. 
If serious differences should arise between himself and his 
Ministers, he could in all cases resort to other advisers, and 
appeal to the General Assembly. If local government could be 



78 NEW ZEALAND. 

introduced into native districts, few serious questions were likely 
to arise between the Maoris and the Legislature. It was also 
advisable to show confidence in the General Assembly. The 
responsibility thrown upon it would be a protection against rash 
dealings, which might involve it in war. Aid would not be 
expected from England to enforce injustice. 

To commend his proposals to the English Government, Sir 
George Grey sent a memorandum, showing that if his native 
institutions should succeed, they would entail a special cost of 
about 50,000 a year, and would abolish an expenditure of 
629,000, of which 129,000 fell upon the colony. His Ministers 
undertook to recommend the plan to the General Assembly, and 
to stake their own position upon it. They drew up a paper to 
be circulated among the Maoris. It embodied the Governor's 
proposals, pointed out the blessings of schools, and of resident 
physicians, and declared that the heart of the Queen would be 
glad when she heard that the two races were living like brothers 
in a prosperous land. 

The strange medley of affairs arising from the old hospitality 
of the Maoris, in spite of the confusion into which they had been 
plunged by the Waitara war, was exemplified in December, 1861. 
Mr. Crawford, a Wellington functionary, wished to examine the 
geological formation of the Wanganui district. He went thither, 
and with three Europeans ascended the river in a canoe. Six 
Maoris formed the crew. Their chief was Topia Turoa, who 
will be heard of hereafter as a daring defier of Sir G. Grey, and 
an ally in the field, in after days, against Te Kooti. Mr. Crawford 
passed Pipiriki, but near Tangarakau was told that he could not 
be allowed to proceed. The land there had been handed to the 
Maori king, and as the English were at war with him, his 
permission would be necessary. The result was the return of 
the party to Wanganui, under the care of the king's friend 
Turoa. 1 Sir George Grey commended (8th December) to the 
Secretary of State a mission to Waikato, which Mr. Gorst was 
about to undertake, and the Duke of Newcastle in reply, saw 
" no difficulty, if the Maoris desire it, in requiring the assent of 
one of their chiefs, whether Matutaera or any other person, to 
the laws passed by the runanga. Such an assent is no more 
1 Crawford's ' Recollections,' Ac. 1880. 



SIR G. GREY IN WAIKATO. 79 

inconsistent with the sovereignty of Her Majesty than the assent 
of the Superintendent of a province to laws passed by the 
Provincial Council." The humours at the Colonial Office were 
hardly reconcilable. In 1860, the Duke sanctioned an act of 
rapine in order to crush the pretensions of Maori chiefs. In 
1862, he was willing to recognize their power of veto. In 
December, the Governor made an expedition to the Lower 
Waikato. The Maoris sent a war-canoe to convey him and 
his suite to Kohanga. A triumphal arch, decorated with the 
Queen's name, was passed on the way to the settlement through 
lines of Maoris. The school children sang ' God save the Queen.' 
Preliminary interviews with chiefs were held for two or three 
days. On the 16th, more than 700 natives assembled to hear 
the Governor at Taupiri ; 250 of them were said to be followers 
of the king. His speech was gravely listened to by all. He 
made it practical by the appointment of Waatu Kukutai as head 
magistrate of the Taupiri Hundred with a salary. The meeting 
broke up at two o'clock, to reassemble at three, by request of 
the Maoris. There was much converse between the Governor 
and Tipene and Herewini, spokesmen of the king-party. On 
the 17th there was another meeting. Five tribes were there. 
Above the Governor's seat was an " exquisitely tattooed " image, 
clothed with a mat of finest texture. A "stone axe of great 
antiquity hung by its hand." The Governor spoke. Each 
Maori approved. The principal chief said, pointing to the 
figure : " Governor Grey, that is our ancestor. We, all these 
five tribes, take our origin from him. He is our ' mana ' ; he is 
our ancestor. We give him to you ; we give you also his mat, 
and his battle-axe. We cannot give you more." The Governor 
answered : " I accept, and will keep your ancestor with me." 
The new institutions were accepted in the Lower Waikato, and 
glowing accounts were published at Auckland. On the 18th, 
two large canoes, manned by forty chosen young men, took the 
Governor and his suite to Maungatawhiri, whence he returned 
by land to Auckland. 

But Sir George Grey was not misled as to the views of the 
Upper Waikato, or king-party. Writing on the 7th January, 
he told the Secretary of State that they "showed an entire 
distrust and want of confidence in the Government." He 



80 NEW ZEALAND. 

had met, had questioned, and been questioned by prominent 
champions, and this was his verdict. Mr. Gorst details much of 
the colloquy. The Maori advocates wanted to extract from Sir 
G. Grey whether he was opposed to the king ; Colonel Browne 
having declared it a duty to do away with him. Sir George 
wanted to know how far they wished to force their king upon 
other tribes. They first answered evasively, that they knew of 
no tribes which rejected him, but added, they would not attack 
them if there were any such. Tipene admitted also, that where 
the king's niana did not extend, land sales would not be pre- 
vented. If a man had pledged his land to the king, and altered 
his mind, " he will not be allowed to sell his land ; but we shall 
not assail and kill him; we shall not do as you Pakehas do." 
Of the property of which Colonel Browne had demanded restitu- 
tion, Tipene said : " My name for that is ' spoils,' lawfully taken 
in war." When the Governor asked about the land of the 
Europeans on which the Maoris had gone, Tipene replied : " Is 
there no Maori land at Waitara in possession of the Pakeha ? " 
The Tataraimaka land and the Waitara land he spoke of in one 
category. The English held Waitara, the Maoris had a right to 
hold the land from which they had driven the settlers. The 
status quo post l/ellum seemed to him to satisfy the ends of peace ; 
but he said it was well, when the Governor said the titles 
at Waitara would be investigated. As to Tataraimaka, the 
Governor shook his head. He had been ashamed of the deeds 
of the Ngatiruanui when he heard of them. Killing women 
and children was unworthy of Maoris. He had not inquired 
into the matter ; but if he were, like Tipene, a friend, he would 
advise them to restore what they could, and make compensation. 
Tipene figuratively urged that the same terms of peace should 
extend to all who were allies in war, and asked if the Governor's 
questions were ended. " Gov. Yes. Tipene. Then I will ask 
a question. Are you opposed to my king ? Gov. I do not 
care about him; but I think it is a thing that will lead to 
trouble. It will be stopped by such means as I have adopted, 
and will die out. Tipene. If the king is brought to nought by 
your plans, well and good. You say, What is the king to you ? 
We say, It is a thing of importance to us, and we say so because 
we have seen the good of it. Quarrels of Maoris amongst them- 



MR. Fox IN WAIKATO. 81 

selves have diminished. ... So I ask you, Are you altogether 
opposed to my king ? that you may say whether you are so or 
not. Gov. If you ask me as a friend, I tell you I think it a 
very bad thing." Tipene was unable to extract more from Sir 
G. Grey, though specially sent to do so by his friends at 
Ngaruawahia. They wished to know whether the Governor 
intended to use his army to coerce them, as his predecessor had 
threatened. Tipene concluded by saying : " Proceed cautiously 
in working out your plans. The only thing that remains dark 
is the king. Your own plan is to unite us all." 

Each side had misgivings. Those of the Maoris were 
strengthened by the formation of a road towards Waikato. The 
Auckland province had in former years commenced to cut a road 
through the Hunua forest to the Waikato river. It was almost 
impassable in winter, and the work was not carried to the 
proposed terminus. Two miles were untouched. Mr. Gorst 
declared that the Colonial Government stopped the work during 
the Taranaki war, in order to avoid giving offence to the 
Waikato tribes. Sir G. Grey announced his intention to resume 
it, and the soldiers, then idly quartered about Auckland, were 
employed in the work of cutting and metalling a military road. 
Mr. Gorst, an eye-witness, avers that this determination increased 
the respect which the Maoris entertained for the Governor, but 
convinced them that he, like his predecessor, though with more 
wisdom, contemplated war. 

Mr. Fox had been with the Governor at Taupiri, and pro- 
ceeded thence, with Mr. Gorst, in a canoe up the Waikato river 
towards Ngaruawahia. The Governor empowered him to offer 
to settle the Waitara dispute by means of a mixed commission, 
of one European and two Maoris chosen by the Governor, and 
the same number of like persons chosen by Te Rangitake and 
his friends. Before Mr. Fox reached Ngaruawahia, the chiefs 
had left it. Mr. Gorst is of opinion that they did so because 
the tidings of the military road to the Waikato river convinced 
them that negotiation was useless. As Mr. Fox could not see 
the king-maker at Ngaruawahia, he rode through the forest to 
Hangatiki, where the king was supposed to be visiting the chiefs 
of Ngatimaniapoto, of whom the redoubtable Rewi was leader. 
He was honourably received on Saturday, and Rewi appointed 

VOL. II. O 



82 NEW ZEALAND. 

Monday for conference. The royal guard-house was close to Mr. 
Fox's lodging, and its commander (who had visited Europe in an 
Austrian frigate, the ' Novara ') spoke English, French, German, 
and Italian by turns to the visitors, and spoke Maori to his 
soldiers. On Sunday he carried prayer-books in a bag, and 
distributed them to the men. Te Rangitake was a guest of 
Rewi. Mr. Fox met him, and, according to Mr. Gorst, Te 
Rangitake coolly denied his identity. Mr. Fox's diary is silent 
on the point. On Monday the great meeting-house was crowded 
with listeners. Rewi, Te Rangitake, Reihana, and other Ngati- 
maniapoto chiefs, were present. None of the king-maker's people, 
the Ngatihaua, were there. The king did not attend. Mr. 
Fox explained the new institutions, and proposed the settlement 
of the Waitara dispute by arbitration. An inferior chief, Aporo, 
replied. He asked whether Governor Browne had not been 
wrong, and Te Rangitake right, at Taranaki. Mr. Fox solilo- 
quized in English : " Why, that is exactly what I always said in 
the Assembly." A Maori understood and translated the remark 
to the assembly. The orator asked : " How then can a trial take 
place unless the guilty Colonel Browne be present ? " Finally, 
it was said that the matters were too important to be rashly 
decided. Waikato would take time to consider. Mr. Fox was 
not permitted to see the king, but he informed the king-maker 
by letter of the proposed arbitration. The answer (dated 21st 
January) followed him to Auckland. It expressed regret that 
the writer had not seen Mr. Fox, but thought a meeting would 
have been of little use. Governor Grey's persistence in station- 
ing soldiers at Te la excited "suspicion, and the king-maker 
would not, under such circumstances, consent to an investigation 
at Waitara. 

Before returning to Auckland, Mr. Fox went to Rewi's settle- 
ment at Kihikihi, where many chiefs had assembled to visit the 
king. That personage quitted Kihikihi as Mr. Fox entered 
it. By this time word had been brought that the soldiers were 
already at work on the military road to Maungatawhiri. Tribes 
were gathering at Rangiriri, eager to attack the troops. The 
king had sent a message ordering them to be patient, and, 
when he arrived at Rangiriri himself moderate counsels pre- 
vailed. As the road was on the Queen's land, it was held that 



DELAY IN ISSUING CROWN GRANTS TO MAORIS. 83 

Maoris could not justly interfere with it. If it should be 
extended to Maori territory, then there would be the requisite 
" til-key or ground for war, and all Waikato would rise. They 
made comparisons between the Governor and his predecessor. 
The latter blundered blindly, and all could see his purpose. 
Governor Grey made silent preparations, and only struck when 
he was ready. His promptitude was conspicuous. Two days 
after leaving Kohanga he wrote to General Cameron about the 
road to Waikato, and within a week more than 2000 soldiers 
were at work, with an advanced post at Pokeno, not far from 
the Waikato river. At Kihikihi, Rewi, meanwhile, was enter- 
taining and arguing with Mr. Fox in what Mr. Gorst called 
a clever and unsparing manner. At an entertainment, Te Rangi- 
take and Mr. Fox ate from the same basket, and discussed the 
Waitara dispute the chief declaring that the troops ought to 
be removed from the place, so that the question might be left 
to the law. After dinner Te Heu Heu inveighed against the 
Pakehas in an oration which offended all who were inclined to 
accept the new institutions. Some Taupo chiefs on the follow- 
ing day asked for a separate interview, and expressed their 
contentment with the Governor's propositions. Mr. Fox had 
often desired a "face to face" interview with the Maori leaders. 
As regarded the king-maker and the king he had been foiled. 
With Rewi and Te Rangitake he had made no progress. 

Sir George Grey knew the expediency of seeming to be bent 
on justice. The old disputes about Crown grants to natives 
furnished an occasion to him. The law officers had contended 
that after the coming into operation of the New Constitution 
(1852) there was a legal obstruction to fulfilment of promises 
to the natives. Sir George Grey had urged, in 1851, that power 
should be vested in the Governor to grant lands to Maoris. It 
had not been so vested. He now urged that, if needful, the 
Constitution Act should be amended. He sent voluminous 
papers on the subject, amongst which was this characteristic 
minute by himself : " My advice to Ministers would be to have 
all these Crown grants issued without delay. I do not doubt 
that they would be valid, but if any doubts were hereafter 
raised as to their validity, then I would have an Act passed 
confirming and making good these grants. I think it of the 



G 2 



84 NEW ZEALAND. 

utmost importance that they should be issued at once." He 
urged in two despatches that Parliament should be asked to 
apply an immediate remedy for so dangerous an evil ; and his 
Ministers who saw his despatches did not dissent, though they 
preferred local legislation. The Duke of Newcastle replied 
that he learned with extreme regret " that for no better reason 
than a supposed legal difficulty, which, if it exist at all, ought 
in common fairness to have been removed long ago, a large 
number of natives have failed to obtain the fulfilment of explicit 
promises by which they had been induced to surrender their 
lands to the Colonial Government." He would not shrink from 
asking Parliament for redress, but as it appeared that the 
Colonial Government were willing, on the Governor's advice, to 
grant it, he thought it better to rely upon their dealings than 
to submit to Parliament a measure indicating a suspicion that 
the colonial authorities were indisposed " to deal honestly with 
their Maori creditors." 

Mr. Gorst, in February, was busy as a magistrate at Otawhao 
in the Upper Waikato district ; and at Taupiri the new institu- 
tions were accepted to the extent of electing the village 
runangas, though the district runanga was not called into 
existence. At Te Kohekohe another runanga was formed and 
Wiremu Te Wheoro was made head magistrate. Intelligent, 
loyal, and respected even by the king's adherents, he was 
unable to overcome the reluctance of his tribe to oppose the 
national party. A hot-headed Ngatimaniapoto chief, Patene, 
marched to Otawhao to expel Mr. Gorst from the mission 
station. The king's runanga had passed an abstract resolution 
to forbid Queen's magistrates in the king's territory, but they 
had not appointed Patene to enforce it. He arrived with thirty 
armed men. The children of the mission school perched them- 
selves upon a fence to watch. Europeans, including ladies, 
stood by. Patene read an address signed by more than 2000 
partisans of the king, and ordered Mr. Gorst to leave. Mr. Gorst 
refused. Mr. Morgan, the missionary, was not told to go. 
Finding Mr. Gorst obstinate, and not knowing how far the 
king would abet his proceedings, Patene drew off his army. 
The king's council not only did not abet him, but wrote to 
Rewi enjoining him to keep better order and prevent violence. 



THE MAORI KING'S COUNCIL. 85 

They passed a law, however, forbidding, under heavy penalties, 
any resort to Mr. Gorst's Court, and it was so loyally obeyed, 
that, during six months, only one native suitor appeared there, 
and he was fined for doing so. Patene, indignant because the 
king's advisers had not abetted him in the expulsion of Mr. 
Gorst, declared that he would not permit others to maltreat 
him. The conflict between native and European jurisdictions 
resulted, as might have been expected, in favour of the former. 
Hona, a chief of a small "hapu," or section of the Waikato 
tribe, had been an unpaid assessor under Mr. Fenton. Subse- 
quently he attached himself to the king. His tribe had a 
dispute with a neighbouring tribe about an eel-weir. His more 
powerful antagonists secured their blood-relations, the Ngati- 
maniapoto, as judges, and won their cause. Hona renounced 
his allegiance, and sought and obtained the protection of the 
Government. He received a salary. When, to eke out the 
native revenue, the king's runanga ordered a poll-tax of 1 
yearly on all Europeans living in native territory, and it was 
about to be levied on a trader under Hona's protection, Hona 
threatened to resist, but when an armed party appeared to levy 
it under a chief who said he would take either the money or 
its value in goods from the trader, Hona recommended payment. 
In later time, when war broke out, Hona went over to the king. 
But submission to the king was not undeviating. The village 
runangas made laws for themselves, and their administration 
depended much on the character of the principal chief and the 
respect shown to him. The king-maker was a conspicuous 
example. Mr. Gorst never heard a complaint of injustice from 
any European residing amongst the Ngatihaua. But the 
counsel of the wise was not accepted everywhere. When the 
king's runanga, at the king-maker's suggestion, passed an 
ordinance displeasing to Rewi, he would not obey it, and the 
king's council sorrowfully admitted that it could not enforce 
its decrees. It was suspicion of Europeans that furnished the 
bond of union, and but for the injustice at Waitara, the king 
movement would perhaps have died of inanition. For his king, 
as the Maori champion against the Pakeha, Rewi was ever 
ready to run risk. The king-maker, who sought to provide 
a paternal government and shrunk from war, lost influence as 



86 NEW ZEALAND. 

Rewi gained it, when the hot spirits of the tribes thirsted to 
be led against the common foe. Fines, fees, and donations 
scantily supplied the king's exchequer. A strange instance 
of the medley of affairs was shown in carrying the mails. The 
king would not allow the Queen's subjects to carry it through 
his territory ; but two of his followers bore it, and were paid by 
the Colonial Government. The king, in church, said Amen to 
the prayer for the Queen, and when, during the Taranaki war, 
it was proposed to pray for the king instead of the Queen (the 
Waikato being in the field), it was resolved not to alter the 
Prayer-book ; in spite of the murmurers who objected to a prayer 
that she might vanquish her enemies. 

On both sides there were provokers of violence. Sir George 
Grey more than once reported that the Maoris bitterly resented 
the insults cast upon them. " In the attacks thus made in some 
newspapers upon the natives, and upon all acts of fairness 
performed towards them, consists at present the greatest diffi- 
culty in this country." The Duke of Newcastle could only 
suggest counter-statements by the Governor, and " reminding 
the editors of the dangerous consequences of their language." 
Power to suspend an offending organ was in such case absolutely 
necessary to prove to the Maori the justice of the Queen, and 
to the printer the power of the Government. But the Duke 
of Newcastle was neither wise enough to forecast the future, 
nor resolute enough to meet a danger if he could have foreseen 
it. Part of Sir George Grey's policy was the acquisition of 
friends amongst the tribes. On the 25th January, 1862, Mr. 
T, H. Smith, Commissioner for the Rotorua district, reported 
the acceptance by the Arawa tribes of the new institutions. In 
after years their warlike devotion attested the value of their 
adhesion. The resident magistrate at Taupo adopted the new 
system in March. For a time it seemed that its acceptance 
was about to destroy confidence in the king movement. Mr. 
Armstrong, the resident magistrate at Lower Waikato, reported 
the palpable decay of the king's influence, and the probability 
of a complete organization of the district. 

At Hawke's Bay and at Wellington the Governor in person 
received loyal assurances from the Maoris. At the former place 
a real or supposed plot was made known to him. A battle-axe, 



CONTROL OF NATIVE AFFAIRS. DESPATCHES. 87 

sent round to chiefs by the Ngatiraukawa tribe during the 
Taranaki war, as a symbol, on appeal to which they were to 
rise and destroy the Europeans, was handed to the Governor 
as a public proof of renunciation of all hostility. Soon after- 
wards, at Otaki, symbols of similar import were given up to 
him. Till then he had not known that Rewi's hostility had 
taken so matured a form. Its public exposure and abandon- 
ment by the recipients of the symbols was deemed a proof 
that Grey's return had rallied the loyalty of his old acquaint- 
ances. He had no sooner reported these things, and the gratifying 
progress made by the troops under General Cameron in forming 
the military road to the Waikato river, than he was warned 
of a new difficulty. The Duke of Newcastle was dissatisfied. 
He wanted to know why the colony was not heavily taxed 
to meet its requirements. He was willing to sanction the 
surrender of native affairs to the General Assembly. All 
militia and volunteer expenses must, however, be locally borne. 
The contribution of 5 per man for cost of troops must be 
continued, and a large Imperial force was not to be main- 
tained in the colony. The Duke would sanction Sir G. 
Grey's new scheme for governing New Zealand with limitations. 
The Colonial Government must furnish not less than 26,000 
towards it. The Imperial Government would not supply more 
than the amount due from the colonists as military contribution 
calculated at the rate of 5 a head for every soldier employed. 
The arrangement was to expire in December, 1864, and was 
to be subject to any general measure which the Home Govern- 
ment might adopt with regard to maintaining Imperial troops 
in the colonies. Sir George Grey replied that the General 
Assembly was about to meet in July (1862), when the Duke's 
objections would be brought before it, and suggested that affairs 
might be favourably influenced if his proposals should be 
approved at an early date, it being unlikely that the Maoris 
would abandon their confederacy while a possibility existed 
that the proposals might at any moment be countermanded 
from England. Meantime the language used in the newspapers 
irritated and was complained of by friendly natives. The 
Governor told General Cameron that it had great effect in 
strengthening the suspicions of the king's followers that the 



88 NEW ZEALAND. 

English were bent on their extermination. Sir George Grey 
himself made peace, in June, between two tribes friendly to 
the English, which were fighting about a piece of land at the 
north of Auckland. The foes were entrenched about 200 yards 
apart. He persuaded them to strike their colours simultaneously. 
Each leader was to choose two persons, Maori or European. 
The four chosen were to name a fifth, Maori or European. If 
they could not agree to do so, the Governor was to name him. 
The decision of a majority of the five was to be final. Each 
pah was to be allowed to fall to ruin, so that neither side might 
boast of destroying the pah of the other. The arbitration was 
to be held at Auckland. Sir George Grey was within the 
entrenchments of Tirirau, one of the disputants, when his " flag 
was hauled down," and his "assembled chiefs and followers 
went down upon their knees, and, in the form prescribed in the 
native Church of England Prayer-book, went through a service 
of thanksgiving for the mercy of God in protecting them from 
the perils of war, and in restoring the blessings of peace to 
them, their whole demeanour evincing the most devout thank- 
fulness." 

A dispute about digging for gold was auspiciously put an 
end to by Sir George Grey in the same month. Numbers of 
Europeans were crowding to search for gold on lands the pro- 
perty of Maoris at Coromandel, and threatening to seize the 
land by force. The Maori king was called upon to take charge 
of it. Collisions were expected. The Governor travelled 
rapidly from the south of the island, and persuaded the chiefs 
to receive an annual payment for the right to search within 
defined boundaries. The war-party of the Maori king was 
foiled, and retired from Hauraki whither it had marched. The 
Governor found fault with Tawhiao for alarming the country by 
his movements, and the king's runanga published his letter 
with a reply, saying that no harm had been done, and there 
could therefore be nothing to punish. 

Before the General Assembly met, the military road was 
completed to Pokeno, and cordial thanks were given to the 
General and the soldiers for their skill and alacrity. It would 
be an imputation on Grey's intelligence to suppose that he was 
unconscious that the work had aroused the just suspicions of 



Fox MINISTRY RESIGN. 89 

the Maoris. To the Assembly which he convened at Wellington 
in July, 1862, the Governor commended the consideration of 
the new institutions for Maori government, and the better 
organization of militia and volunteer forces. He said : " I have 
hitherto had no occasion, and hope that I shall have none here- 
after, to employ the military forces in any active field operations." 
The first cloud which threatened his relations to the General 
now darkened the horizon. General Cameron, without warning 
to the Colonial Government, had reported that the annual 
training of the militia was neglected. The discontinuance had 
occurred under Governor Browne, in 1861, and was attributed 
by Mr. Fox and his colleagues to the impossibility of enforcing 
the training without driving away the population to the gold- 
fields of Australia, and those recently discovered in the Middle 
Island. They hoped to legislate on the subject. Appreciating 
their difficulties, and shrinking from the risk of a war of races, 
the Governor wrote that he was endeavouring to persuade the 
local government to create a permanent armed police force of 
Europeans and Maoris, who would ultimately take a principal 
part of the colonial military duty ; a plan of which in due time 
the Secretary of State approved. 

Mr. Fox brought before the House a resolution disclaiming 
exclusive responsibility for controlling Maori affairs, and liability 
for the principal cost of suppressing insurrections ; recognizing 
the duty of cheerful co-operation, to the extent of the colonial 
ability, with the Imperial Government; but declaring that 
" (reserving to the Governor both the initiation and decision of 
questions where Imperial interests are concerned), the ordinary 
conduct of native affairs should be placed under the administra- 
of responsible Ministers." The House was evenly divided. 
Twenty-two supported, and the same number opposed, Mr. Fox. 
The Speaker's vote kept the question open, and the dissatisfied 
Ministry resigned. Mr. Stafford and Mr. Fitzgerald severally 
declined to take office, and on the 5th August Mr. Domett 
formed a Ministry, with Messrs. T. B. Gillies, Mautell, and Bell, 
as colleagues in the House of Representatives; Mr. H. J. 
Tancred and Mr. T. Russell being members of the Executive 
Council without office. 1 The Domett Ministry was considered 

1 The facility with which these and previous changes were made 



90 NEW ZEALAND. 

favourable to the doctrine that the Imperial Government, and 
not the colony, should be responsible for native affairs. But at 
this juncture the Governor received the sanction of the Home 
Government to the placing of native affairs under the control 
of the Assembly. The House considered the subject, and on 
the 19th August agreed to the following resolutions by a 
majority of nine : " That in the opinion of this House the 
relations between his Excellency the Governor and his re- 
sponsible advisers should rest upon the following basis : 1. That 
Ministers should, in conformity with the Royal Instruction, 
advise the Governor in native affairs (as well as in colonial 
affairs) whenever his Excellency desires to obtain such advice, 
and should also tender advice on all occasions of importance, 
when they deem it their duty in the interests of the colony to 
do so. 2. That Ministers should, at his Excellency's request, 
undertake the administration of native affairs, reserving to his 
Excellency the decision in all matters of native policy. 3. That 
as the decision in all matters of native policy is with his 
Excellency, the advice of Ministers shall not be held to bind 
the colony to any liability, past or future, in connection with 
native affairs, beyond the amount authorized, or to be authorized, 
by the House of Representatives." (Similar resolutions were 
subsequently moved in the Legislative Council, but, after 
debate, were withdrawn.) 

Sir George Grey reported that he had consented to act in the 
spirit of these resolutions until further instructions might reach 
him. He did so, because he was satisfied that, whatever the 
theoretical relations might be, practically, while he was in New 
Zealand, the result would be the same. He hoped that when 
existing difficulties were brought to a close the Assembly would 
assume responsibility for native affairs, at the desire of the 
Secretary of State. The House having thus crystallized its 
intentions, proved its carelessness about the men whose duty it 
might be to obey them, by acquiescing in the remodelling of the 

without any ratification by constituencies furnishes an expressive com- 
mentary upon the indecent manner in which the Secretary of State launched 
local government into existence in New Zealand, without legal or con- 
stitutional sanction, and without the usual safeguard which attends 
responsibility. 



NATIVE AFFAIRS : DOMETT MINISTRY. 9 1 

Ministry. Mr. Gillies immediately vacated and Mr Sewell occu- 
pied the post of Attorney- General. Mr. Mantell similarly gave 
way to Mr. Crosbie Ward in the Post Office, but remained in 
the Executive Council. Mr. Bell vacated the Treasury for the 
returning Mr. Reader Wood : and the chief result was that Mr. 
Domett succeeded Mr. Fox, and Mr. F. Dillon Bell held office 
as Secretary for Native Affairs. The Fox Ministry was in office 
without Mr. Fox. When Mr. Fox -retired, the Governor ex- 
pressly recorded his high sense of the cordial and generous 
support invariably afforded by his old accuser; and on the 
remodelling of the Ministry by Mr. Domett, the Governor told 
the Secretary of State that the " policy of the Government in 
all its main features closely resembled that of the previous 
Government." The House passed a measure for raising a loan 
to meet past liabilities, and future exigencies in native affairs ; 
and while it was yet in session, peremptory instructions from 
the Imperial Treasury commanded the Deputy Commissary- 
General to make no more payments by loan or otherwise for 
any colonial need whatever. The working pay of military 
parties on the road to Waikato was stopped. Taranaki militia 
pay, and rations, as previously provided by the Imperial 
Exchequer, were thenceforth to cease. Immediate re-imburse- 
ment of past payments was temporarily waived by the Treasury, 
and the waiver was to constitute " the aid to be afforded from 
Imperial resources." Sir George Grey deplored the unexpected 
suddenness of the decision, which was the more unfortunate as 
the Assembly had just voted a sum to defray all advances from 
the military chest, previously made for militia and similar charges. 
The Legislative Council addressed the Queen. On the plea 
that the colonists had not exercised real control they urged that 
the expense of war ought to fall on the Home Government. 
The government of the Maoris could not justly be handed over 
to the colonists at such a crisis. After establishment of peace 
they would be willing to undertake it. The address was lengthy. 
The representatives sent similar remonstrances. They declared 
also that the step taken by Sir George Grey of demitting Maori 
control to the Assembly was taken without their concurrence, 
and that the condition of the colony forbade them to close with 
the Duke of Newcastle's offer of acceptance of such a policy. 



92 NEW ZEALAND. 

They, too, thought themselves justified in asserting that the 
Imperial Government had originated the war. They took upon 
themselves to criticize the conduct of it "by inefficient and 
incompetent commanders," whom there was no local authority 
to remove. They prayed for material aid, and would, as far as 
their " means would allow," bear burdens. They would relieve 
the English Government of the anxiety of Maori management, 
" if the power is given and the help continued to us that will 
make our efforts hopeful." They "respectfully declined" the 
Duke of Newcastle's proposal, not as shrinking unworthily from 
proper burdens, "but because we seem to discover in the 
despatches an intention to withdraw from engagements to which 
the British nation is honourably bound, and to transfer to the 
colony liabilities and burdens which belong properly to the 
Empire." It was fit that such equivocating words should be 
addressed to the Minister who had disgraced the English name 
in 1860, by approving the rape of the Waitara. It would have 
been too galling for another man to defend so base a position. 
The culprit himself could not express his meaning without 
writing a despatch as long as an evening lecture. He approved 
of Sir George Grey's conduct, and added : " I congratulate myself 
on the circumstance that the Government of New Zealand is in 
the hands of an officer whose personal character will secure him 
a due influence in the affairs of the colony, independently of 
the terms in which the General Assembly may recognize his 
authority." He was able to refer to the constant jealousy and 
encroachment by the Colonial Government upon the Governor's 
powers relating to the native race, and, as far as he could with- 
out condemning his own conduct in 1860, he strove to throw the 
onus of causing the war upon the local Ministry. " I need hardly 
inform the framers of these memorials that the slow progress of 
land sales under the auspices of the Native Department, and 
therefore under the control of the Imperial Government, was an 
object of complaint to the settlers, and that these complaints 
were particularly urgent in New Plymouth, and referred especi- 
ally to the land in the neighbourhood of the Waitara. The 
decision to complete, by force if necessary, the purchase of that 
land was adopted at the advice not of the Native Department, 
but of the Executive Council, and the proclamation of martial 



DUKE OF NEWCASTLE RECRIMINATES. 93 

law was transmitted to the officer in command under the signa- 
ture of the chief responsible Minister. It was under this 
pressure, with this advice and through this agency, that 
Governor Browne took the steps that led to the war steps 
which, although I thought it my duty to sanction them, were in 
a direction opposite to that which a purely Imperial policy 
would have dictated. It is in this state of facts that the two 
legislative bodies of New Zealand, without alleging that Colonel 
Browne's acts were unwise, or that they were dictated by any 
Imperial policy or instructions, without denying that they arose, 
on the contrary, from a desire to promote colonial interests in a 
way which the colonists themselves demanded, and by proceed- 
ings which the responsible Ministers formally advised, do not 
hesitate to repudiate all responsibility in the matter, and to 
charge the Home Government with the authorship of their 
sufferings." 

In accusing the colonists justly, the Duke was convicting 
himself. He, knowing that justice and good faith, towards the 
treaty of Waitangi as well as to Imperial interests, were opposed 
to the dealings at Waitara, had nevertheless sanctioned them. 
The brave and true advice of Sir Robert Peel and Lord Stanley 
of old time was discarded ; and now, when evil had resulted the 
accomplices in crime vented diplomatic recriminations against 
each other. The Duke animadverted on the reluctance of the 
militia to serve beyond their own districts, and the desire of 
the colonists to throw on the Imperial Exchequer the cost of 
constructing roads. He declared that England would not, as 
seemed to be desired, " recognize the obligation of supporting 
the burden to which Great Britain is now subject until the 
authority of the law is re-established." He pointed out that it 
was notorious, and admitted by the representatives, that the 
allegiance of the natives had never been more than nominal. 
He urged that a New Zealand legislator (Mr. Fitzgerald) had 
stated that he knew of " no race at any period of the world's 
history which had made in so short a period so great a stride," 
and he claimed some credit for the Imperial Trusteeship, which 
before the year 1856 was real and effective in producing such a 
result, though it was mainly brought about by ministers of 
religion. He did not expect the colonists to exact more thorough 



94 NEW ZEALAND. 

allegiance from the Maoris than had hitherto been rendered, but 
would recognize no indefinite obligation on the Imperial Govern- 
ment to coerce the natives. In conclusion, he told the Governor 
that the consent of the colonists was not needed to make effectual 
the resignation by the Home Government of control. It was 
complete by the act of the Home Government. If the Governor 
should resume or retain control of the Native Department it 
would not be in obedience to instructions, but " at request of his 
responsible Ministers or under some pressing necessity occasioned 
by their action or inaction, for the consequences of which there- 
fore the Home Government would not be responsible." Of 
course the Governor would exercise negative power if Imperial 
rights should be invaded, or the faith of the Crown under the 
Waitangi treaty were jeopardized, or injustice were attempted. 
He might have to appeal from his advisers to the Assembly, or 
from the Assembly to the constituencies, and he would, as to 
employment of the Queen's forces, be responsible, with the officer 
in command. The maintenance of those troops in New Zealand 
entitled the Home Government to a potential voice in requiring 
justice and liberality to the Maoris. The control of the army 
would ensure attention to the words of a Governor who had been 
selected as the fittest adviser and administrator for the colony. 
The idle compliments with which the despatch concluded were 
swept into insignificance by the whirlwind which occurred in 
New Zealand. The Home Government had not been able to 
comprehend the gravity of the situation. They had sent Sir 
George Grey as the worthiest man for a particular office, and 
they gave him a half-hearted support. He was to walk as the 
Duke of Newcastle desired, although, as shown by his own 
despatches, the Duke himself was incapable of walking in the 
road which he knew to be right. 

In the scheme proposed by the Governor soon after his arrival, 
military men were specially asked for as Civil Commissioners. 
Strong reasons were given, and some others ought to have been 
patent to a functionary who perceived that many colonists lusted 
lawlessly for the lands of the Maoris. But the Duke allowed 
the request to slumber for more than three months in Downing 
Street, before he replied : " I doubt whether under present 
military regulations, an officer can be detached from his regi- 



WHITAKER WOULD SEIZE LANDS LAWLESSLY. 95 

ment to serve as Commissioner in a native district ; but in case 
this should prove practicable, Her Majesty's Government can 
only assent on the understanding that the whole pay of the 
officer shall be defrayed by the colony." Sir George Grey urged 
that serious consequences might arise from inability to do what 
he wished, and that the desired arrangement had been allowed 
ever since he had been in the service of the Crown. " I assure 
your Grace," he added, " that a most serious crisis is impending 
here, and that I require all the aid and support, physical and 
moral, that can be given me." Thus adjured, the Duke con- 
sulted the War Office, and, fifteen months after Grey had made 
his request, the Commander-in-Chief forwarded to General 
Cameron a discretionary power to allow the employment of 
officers. Such tardy compliance, at such a crisis, was of course 
too late. Had the Lord Derby of 1845 been at Downing Street, 
no such provocation of evil would have increased the Governor's 
troubles. 

The Duke is entitled to credit for promptitude on one 
point. The New Zealand Ministry desired to carry roads through 
lands over which the native title was not extinguished. In 
November, 1862, the Attorney-General, Sewell, gave a formal 
opinion that the Crown in spite of the Waitangi Treaty could, in 
conformity with " the essential conditions of sovereignty," seize 
upon Maori lands required for roads. He saw technical objec- 
tions to grasping them under local enactment, because the powers 
of the General Assembly did not enure until Maori lands had 
been ceded to the Crown. He could find no express authority 
for his advice, but referred generally to Books I. II. and ill. of 
Vattel. Mr. F. D. Fenton, assistant law officer, knew some- 
thing of Maori laws, and Maori temperaments. Without delay 
(28th November) l he interposed. He could " not avoid the 
conclusion that (Sewell's) opinion was erroneous in law." He 
explained his reasons, and suggested that the matter, serious as 
it might prove, should be reconsidered. Mr. Sewell retired on 
the 1st January, 1863, without giving a further opinion. Mr. 
Whitaker took office as Attorney- General without ministerial 
responsibility. His opinion, as might have been expected, 
agreed with that of Sewell. He who saw no objection to the 
1 P. P. 1863 ; vol. xxxviii. p. 109. 



96 NEW ZEALAND. 

pillage of the principal chief, and the denial of tribal rights at 
Waitara, was not the man to shrink from robbing unnamed 
Maoris, whose lands would be seized in order to make a road 
from Taranaki to Tataraimaka. " It may be objected," he said 
(21st February), "that this would be contrary to the treaty 
of Waitangi. To this I answer that a positive enactment of 
the legislature would prevail over the terms of the treaty if 
there were any conflict." But he urged that a right to make 
roads, as essential to sovereignty, must be implied to have 
been ceded to the Queen. That a man called a lawyer 
could honestly think that the terms of a treaty could be can- 
celled by one of the contracting parties without consultation of 
the other can hardly be believed. On the contrary and credible 
assumption, the student may learn the rough and dishonest 
measures which Mr. Whitaker was ever ready to apply to the 
Maoris. Sir George Grey, like Mr. Fenton, saw imminent dangers. 
He told the Duke of Newcastle in December, 1862, when trans- 
mitting Se well's opinion, that the natives would probably "resist 
by force of arms." In forwarding Whitaker's he drew attention 
to the subject as "most important" (24th February). The 
Duke of Newcastle's susceptibility as to the honour of the 
Crown was not so weak as to be overborne by the robber-logic of 
Mr. Whitaker, or by the abstruse generalities of Sewell. He had 
in March l dealt with the latter. He would " hesitate to admit 
as a matter of strict law that Her Majesty had the power, with- 
out any legislative sanction, of appropriating for any purpose the 
acknowledged property of any of her subjects. But even if 
it were true that the peculiar legal condition of New Zealand 
authorized the application of this arbitrary principle, I am of 
opinion that the question cannot be dealt with as one of strict 
law." Policy as well as justice required that the expectations 
which the Maoris had been allowed to form, as to the good faith 
of the Crown and the treaty of Waitangi, should be loyally re- 
spected by the Government. Regretting the want of roads to 
accommodate the Taranaki community, he did not think their 
advantage should be purchased by the re-imposition of the 
burdens of a war on which, thus originating, " Her Majesty's 
troops ought not to be employed. I need hardly add that I 
1 P. P. 1863 ; vol. xxxviii. p. 145. 



DUKE OF NEWCASTLE REFUSES TO DO so. 97 

shall view with more than regret the adoption by your Govern- 
ment of the course which appears to be indicated in the 
enclosures to your despatch." 

The receipt of Mr. Whitaker's opinion only caused the Duke 
to say (May, 1863) that his despatch in March had explained his 
views fully. It is a pleasure to extract from musty folios some- 
thing creditable to the Duke of Newcastle ; but the pleasure is 
alloyed by the reflection that if he had been as firm in 1859 
and 1860, he might have prevented war. Perhaps apprehension 
rather than wisdom had changed him. In June, 1861, he had 
told Sir George Grey not to waver. " It would be better to 
prolong the war with all its evils than to end it without pro- 
ducing in the native mind such a conviction of our strength 
as may render peace not temporary and precarious but well 
grounded and lasting." In May, 1862, he could " hold out no 
hopes of the continuance of a large body of troops in New Zea- 
land ; " and his words became harder by degrees. In August, 
1862, he was stirred by the War Office (on complaint by General 
Cameron) to express surprise at the shortcomings of the 
Colonial Government in maintaining militia. He grumbled at 
the Governor for his reluctance to part with the soldiers sent 
from New South Wales and Victoria. The apathy of the 
colonists was inexcusable. " I must plainly tell you that unless 
all cause of complaint is speedily removed, a large portion of the 
troops now stationed in New Zealand will be recalled without 
delay. It is my duty to call for an immediate report." Like 
the offended servant in the comedy, the Duke when rated by 
his colleagues vented his spleen on his subordinate. Sir George 
Grey at once asked for copies of the letters which caused the 
rebuko and that the Duke would support an officer serving 
under him by insisting that in future all such documents should 
be supplied. He had furnished reports, had reduced expendi- 
ture, and could only regret that it was thought necessary to 
censure himself and his Government so severely and so fre- 
quently. Events, he hoped, would modify the opinions in 
England. For himself he was sure that to make roads and 
encourage peace was wiser than to force one race to take up 
arms against the other. He still hoped Her Majesty's Govern 

ment would see reason to approve of what he had done. 
VOL. IL H 



98 NEW ZEALAND. 

The Assembly had conferred upon the Governor power to 
deal with native reserves, and issue grants. The Civil List 
grant for native purposes . had been raised from 7000 to 
26,000. The grant of 5 for each soldier in the colony had 
been secured by law ; and the yearly grant of 7000 for native 
schools was retained. A Loan Act for half a million sterling had 
been passed. A special colonial defence force had been author- 
ized by enactment. The Militia Act of 1858 had been amended^ 
and a penalty of 5 for failure of attendance had been enacted. 
An amended Native Districts Regulation Act enabled the 
Governor to cause seizure of spirits removed to certain districts, 
and thus one complaint made by the king-maker was obviated. 
The Native Circuit Courts Act of 1858 was amended. A 
Native Lands Act had been passed, not exactly in the form 
desired by the Governor, but accepted by him as the soundest 
which the Assembly would pass. He had desired to introduce, 
gradually, direct dealings in land between European and Maori, 
to an extent not 'exceeding one farm for one European, such 
transactions being dependent on personal occupation by the 
European under penalties enforced by the Government. The 
native runanga was to concur in the sale to make it valid. 

Unfortunately the Fox Ministry shrunk from what they called 
tLe stringency of these terms upon the European. The Domett 
Ministry shared the objections of their predecessors, and the Bill 
was introduced in a form which recognized the right of a Maori 
to deal with his land after the native ownership had been 
ascertained by Courts to be established for the purpose. The 
resolutions of the House (19th August) as to the relations 
between the Governor and his advisers having left the decision 
in matters of native policy to the Governor, the Ministry felt 
that it was unfair to proceed -with the Bill without his approval. 
On the 24th August they said they would withdraw it if he 
could not approve it, but were willing to introduce modifications 
at his request. He replied (25 August), that understanding 
from them that the principle of the measure was that natives 
should be allowed to have as good a title to their lands as 
Europeans, and to obtain the value by sale or letting, he agreed 
to it. Again, in September, he was urged to allow it to be said 
in the Council that the measure was acceptable to him, in order 



NATIVE LANDS ACT. 99 

to ensure its passing. He answered : " I have always thought 
and still think that the plan I proposed for the recognition of 
the title of the natives to their lands, and for the gradual 
occupation of the country, by European proprietors agreeable to 
the natives of the district, was best adapted to the circumstances 
of the country, and most likely to produce permanently bene- 
ficial results. At the same time, as there appears no hope of my 
succeeding in convincing a majority of the Assembly that my 
views are the soundest and best, I think the recognition of the 
title of the natives to their lands a matter of such importance, 
that I will, as I have before stated, accept the Bill in the form 
in which it passed the House of Representatives for transmission 
to the Imperial Government ; and I think, upon the whole, it 
can be so worked as to produce beneficial results at this crisis." 

Mr. Sewell, the Attorney-General, objected so strongly to the 
recognition of Maori title, that he remonstrated against the Bill 
while it was before the Legislative Council of which he was a 
member. The reply of his colleagues may be seen, by the 
curious, in blue-books. The Native Minister, Mr. F. D. Bell, 
drew up a commentary on the Bill and its progress, in which 
he took credit for the moderation of the Governor's advisers, who 
could command a majority of three to one in favour of their 
original measure. Thus the Governor, while rebuked by the 
Secretary of State for not doing more, was congratulated by his 
advisers upon being allowed to do so much. It was a great advance 
towards justice to provide a Court to "ascertain and declare 
who according to native custom are the proprietors of any 
native lands, and the estate or interest held by them therein." 

By slow degrees the prayers of Sir William Martin, Bishop 
Selwyn, and Te Waharoa, had prevailed in a measure. But the 
nature of the Court was peculiar. " It shall be lawful for the 
Governor from time to time by Commission or Order in Council 
to constitute a Court or Courts for the purpose of ascertaining, 
&c." Under such a provision, a wise Governor bent upon doing 
good might do it. But an unwise one could commit any act of 
folly or injustice. No enduring Court was created. An upright 
Judge in one case might never be re-employed. A pliant tool 
might calculate upon being re-hired. The Courts were to be 
occasional, and the judiciary the mere creature of the Executive 

11 2 



100 NEW ZEALAND. 

at pleasure. Under such an Act, Colonel Browne, when once 
moved to conspire with the land-lusters of Taranaki, might have 
concocted a Court which would have dealt with Te Rangitake 
as Parris stirred by C. W. Richmond's private letters had dealt. 

The lands south of Taranaki were still void of the settlers 
driven from them by the Ngatiruanui and Taranaki tribes 
during the war of 1860, and were ostensibly held by the natives 
in right of reconquest, which was considered in itself a sufficient 
reason for giving vitality to the Native Lands Act only by 
authority of the Governor. Whether the Bill would have been 
beneficial if no war had broken out in 1863, it is impossible to 
say. In fact its provisions were not largely used. Nominally 
trusted by all, the Governor was nevertheless suspected. The 
nominee Legislative Council feared that he or his advisers 
sought to impair their independence by creation of new mem- 
bers. An address was sent to the Queen praying that their 
number might be limited to three-fourths of that of the other 
House. The Councillors had reason for their fears. Mr. Fox 
had presented, and Sir G. Grey had transmitted, a memorandum 
urging that power ought to be given to add to the number of 
the Council before the next Session. In his opinion the 
Governor ought to have power to increase the Council from 
time to time by an additional number of ten members. The 
Duke of Newcastle's reply was inconsequential (26th March, 
1862) : " Having fully considered the recommendation and the 
grounds upon which it is made, I think it best, while withdraw- 
ing the limitation of the number of the Council, to refrain from 
imposing any restriction when none has been imposed by the 
Legislature. I shall therefore advise Her Majesty simply to 
repeal by an additional Instruction the limit which is now 
placed on the extension of the Legislative Council, and that 
Instruction will be transmitted to you as soon as the necessary 
forms will admit of its completion." On the pretence of reluct- 
ance to impose restrictions the Duke was willing by the removal 
of a restriction upon the Governor to subject a whole branch of 
the Legislature to the caprice of the local Executive. 

CHier difficulties existed at the time. The General reported 
secretly to England what he ought, if he touched it at all, to 
have brought before the New Zealand Government. The Maoris. 



FITZGERALD ON MAORI REPRESENTATION. 101 

after the wrong done at Waitara, were slow to trust the local 
government. The seizure of Rauparaha by Grey in old time 
was now deservedly a stumbling-block in his way. The Assembly, 
while resolving that the Governor must be responsible for native 
affairs, would not legislate in the manner which seemed to him 
fittest to inspire the natives with confidence about their lands. 
The Duke of Newcastle, though he had in 1846 contested 
Nottingham against the active opposition of his own father, 
would give no blank charter to a Governor who was under his 
authority. 

Emboldened by success in arms, the proud Maori race had' 
learned rashness; while greed and obstinacy prevented many 
colonists from becoming just, generous, or wise. Confessedly 
critical, the position presented hideous possibilities. While 
admiring the noble qualities of the Maoris, Sir George Grey 
knew the atrocious savagery of their modes of warfare, to which 
they might recur in sudden raids on the settlers if a national 
rising should be provoked. Torture, mutilation, and cannibalism 
were the ancient demons of war ; and women and children were 
their victims. It is just to those who supported Mr. Fitzgerald 
to record the gallant attempt made by him to procure for the 
Maori race some representation in the Legislature. He carried 
a resolution recognizing the right of all Her Majesty's subjects, 
of whatever race, to a full and equal enjoyment of civil and 
political privileges. He moved that such recognition "neces- 
sitated the personal aid of one or more native chiefs in the 
administration of the government of the colony, the presence 
of members of the Maori nobility in the Legislative Council, 
and a fair representation in this House of a race which con- 
stitutes one-third of the population of the colony." There were 
seventeen Ayes and twenty Noes. Supporting Mr. Fitzgerald 
were Mr. Atkinson, Mr. Dillon Bell, Mr. Brandon, Mr. Carter, 
Mr. Fitzherbert, Mr. Fox, Mr. Gillies, Mr. G. Graham, Mr. 
Mantell, Mr. Moorhouse, Mr. Renall, Mr. C. J. Taylor, Mr. 
Waring Taylor, Mr. Watt, Mr. John Williamson, and Mr. Wood. 
There were two Richmonds (not Mr. C. W. Richmond), and 
Mr. Weld, among the victorious twenty, who thus rendered 
impossible what seemed to them a wild experiment, but was 
in a few years to be accepted as a plain necessity. It is more 



102 NEW ZEALAND. 

grateful to record the names of Mr. Fitzgerald's supporters than 
those which were enrolled against him. 

Suspicions at Waikato were meanwhile strengthened. It was 
foreseen that a road to Waikato would enable the English to 
throw troops into the district and endanger Ngaruawahia. Rewi 
and the war faction began to predominate. The king-maker 
vainly urged the runanga to accept the proposal of the Govern- 
ment to investigate fairly the Waitara dispute. Rewi com- 
manded a majority. When the military road to Te la on the 
Waikato was completed, and the Queen's Redoubt at the 
terminus made capable of holding 1000 men, Sir George Grey 
caused a branch road to be made to the bank of the Maungata- 
whiri, and timber was conveyed thither to form a landing-stage. 
Dreading the construction of a bridge, the Maoris were scarcely 
appeased by being told that the Governor did not mean to build 
a bridge till the next year, when he hoped their opposition would 
be withdrawn. Another proposed road excited them more 
violently. Wiremu Nera and his people had agreed to make a 
road from Raglan, on the west coast, near Whaingaroa harbour, 
to Watawata on the Waipa river, not many miles above its 
junction with the Waikato at Ngaruawahia. Troops landed at 
Raglan could by such a road take the Maori capital in rear while 
it was assailed in front by forces arriving by the military road to 
Te la, and by steamers on the Waikato river. Maori claims to 
land were put forward, and Maori eloquence was vainly used, to 
deter Wiremu Nera from his project. 

War meetings were held, and when a day was fixed for 
cutting down trees upon the line an armed band went from 
Rewi's settlement at Kihikihi to stop the work by force. They 
received a stern message from the king-maker. Wiremu Nera 
had been his father's comrade, and whoever assailed him must 
fight the Ngatihaua and their chief. The road question must 
be settled by Wiremu Nera's tribe and his own. The inter- 
lopers retired. The king-maker appealed to Wiremu Nera to 
desist from a scheme which would place Waikato at the Go- 
vernor's mercy. The king's sister, Te Paea, who was said to 
have more of Te Whero Whero's disposition than had descended 
to her royal brother, with her own hands pulled up the stakes 
with which the road had been marked out. Thus adjured, and 



MR. GORST AT TE AWAMUTU. 103 

confronted by the opposition of nearly all Waikato, Wiremu Nera 
agreed to begin his road-making at Raglan, on Queen's territory. 
His men were satisfied with payment by the Government, and 
the uproar ceased. Mr. Gorst meantime was troubled at Te 
Awamutu. Bishop Selwyn and the Church Missionary Society 
had 200 acres of land at Otawhao, close to the spot. They gave 
it up to the Government. There were 800 other acres which 
the Maoris had granted for an industrial school and hospital 
during Sir George Grey's former government. They were less 
trustful now, and said that the grant had lapsed by ten years' 
neglect to use it. The war-party failed to induce the king to 
take violent measures. It was decided not to drive Mr. Gorst 
away ; but as his magisterial functions had been foiled by pre- 
venting a resort to them, so now it was resolved to prevent the 
erection of the school-buildings by forbidding sales of timber. 
When in spite of the prohibition two trees were sold, Rewi's 
friends wished to take them back, but the majority declined to 
commit an act which might be called theft. More timber was 
obtained, and the school prospered. The Government provided 
a teacher of reading, writing, and arithmetic. The trades of 
the carpenter, blacksmith, wheelwright, shoemaker, tailor, and 
printer were taught. Agriculture and pastoral pursuits were 
not neglected. Te Oriori, a leading chief, patronized the school. 
The king-maker, and even Rewi, visited the institution so 
strangely established in the heart of the king's territory. 

The Maori councillors revolved the state of affairs while " the 
English Committee" was making laws in 1862. On the 2nd 
September, Waharoa issued a curt summons " from the whole 
runanga" to the tribes, to assemble at Peria on the 21st 
October. An account by a Maori declares that "the cause of 
the runanga was to lay down laws for the good of this island." 
Mr. Gorst says it was called to discuss the Waitara question. 
Rewi has publicly stated that he and Te Rangitake consented 
that there should be "a careful investigation" of the Waitara 
dispute, but that at Peria the Maoris decided otherwise. The 
meeting was full of dramatic incident. Bishop Selwyn attended. 1 

1 In 1861 the Bishop was hooted by the settlers at Taranaki. As the 
crowd followed him he turned round to speak. They began to turn away. 
He called out : " It is more English-like to look me in the face and tell me 



104 NEW ZEALAND. 

The preliminary proceedings were closed on the 23rd October 
with evening prayer. On the following day the king-maker, 
who presided, announced the subjects to be discussed, and fixed 
in the ground two sticks, one for the "Ayes," the other for 
the "Noes." 1st. MaungatawhM (i. e. the Governor's dreaded 
road, bridge, and steamer). 2nd. Whaingaroa (i. e. the road 
from Raglan). 3rd. Native land disputes. After animated 
speeches the chiefs voted by depositing small sticks by the mark 
for the Noes. The decision was Waikato is closed. Discus- 
sion on the land question was postponed. The Bishop asked 
when Waitara and Tataraimaka would be touched upon. Te 
Waharoa said his personal desires had been overruled, and 
those subjects would not be dealt with. It was resolved that 
disputes should be inquired into and judged by law. There 
was a debate about debts and Pakehas. It was determined that 
existing debts should be paid, and that resident Europeans 
should not be molested. On the 26th, Te Waharoa preached a 
sermon on the text : " Behold, how good and joyful a thing it is, 
brethren, to dwell together in unity." He expatiated on the 
glorious results of banding the Maoris together under one king, 
as contrasted with the former ravages of inter-tribal wars. The 
Maoris, gathered from far, from Tauranga and Napier on the 
east, and Wanganui and Taranaki on the west, were warmed by 
his eloquence. To counteract it, Bishop Selwyn preached in 
the afternoon in Maori, inculcating from the same text a wider 
unity than that enjoined by Waharoa. On the following day 
the Bishop asked for audience on three subjects : Let there be 
one law. Let Waitara be investigated. Let Tataraimaka be 
re-occupied by its Pakeha proprietors. He was heard. In their 
own figurative manner he pressed his views upon the chiefs. 
Solemnly at the close he appealed to the king, to the king- 

yonr grievances." Colloquy ensued, in which the Bishop's biographer de- 
clares that he was good-humoured and triumphant. Amongst the hooting 
mob were three Provincial Councillors. He went amongst the Ngatirtiamib 
and was told by a Maori that he ought not to travel through their country. 
He would be looked upon as a spy. He answered : " I am like wheat. 
The Pakeha at Taranaki were the upper-stone grinding me there, and now 
you grind me here." He paused till a deputation invited him to proceed, 
and he marvelled at the kindness he experienced in the district so recently 
ravaged by the soldiery and settlers. 



MAORI MEETING AT PERIA. 105 

maker, and^to all the tribes, to consent to the good plans for 
peace. Opposition speeches were made. Some votes were 
given against the Bishop's proposals. Hauraki (Thames) Maoris 
seated themselves in the middle, and were claimed by the 
Bishop's friends. The Nestor of the Hauraki men replied : 
" No, we are sitting in the centre : " pointing to the two sticks, 
he added, " there is death here, and death there." An old man 
went up to the Bishop, and thrice repeated : " Do you consent 
that the king shall stand ? " "I consent to there being one 
law, whether by the Queen, the Governor, or Matutaera; 
whether carried out by a Pakeha or Maori runanga. I consent 
to there being one law for us all. This is what I consent to." 
This reply was deemed unsatisfactory. The old man pointed 
out that the Bishop called their king only Matutaera, and gave 
as his own verdict : " Let there be one law, but let the authority 
be divided into two." 

In the ensuing discussion the king-maker acknowledged a 
change of opinion, caused by the deceitfulness of the Ministers, 
the occupation of Te la, and the Governor's letter to Matutaera 
(on the occasion of the march towards Coromandel) threatening 
that the king would be punished by-and-by. The Bishop 
repudiated all intention of deceit. Voters came forward for the 
Bishop. Kihirini, an old chief of Middle Waikato, sat by the 
Bishop, and said he would have voted for him but for the 
occupation of Te la. The Ngatikahungunu tribe began to 
speak, and their chief, a friend of the Bishop, advised him that 
as he had opened the subject, the Maoris would get on better by 
themselves. The Bishop (called Pihopa Herewini) left with the 
conviction That the king's friends were more friendly than 
before. That their tenacity for their king was unabated. That 
the east coast tribes were most vigorous in opposition to the 
Pakeha. That all acknowledged the necessity of one law. That 
the difficulty was to reconcile unity of law with duality of 
" mana." That it would not be impossible to bring about a 
compromise, on the basis approved by the Secretary of State, 
that Matutaera and his Council might make laws to be pre- 
sented to the Governor for confirmation, like the laws of the New 
Zealand provinces. That there was absolutely no trace of 
hostility of race, and no unanimity even on the subject of 



106 NEW ZEALAND. 

division of races. But though the Bishop obtained no vote of 
approval, he had won friends, and persuaded the king-maker to 
make a final effort for peace. After the Peria meeting the 
king-maker went to Kihikihi and formally asked Rewi and Te 
Rangitake to agree to the investigation of the Waitara title 
as proposed by the Governor. Rangitake refused, and the 
Ngatimaniapoto supported him. The king-maker asked that 
Tataraimaka should be restored to its European owners. The 
Ngatimaniapoto refused even this. In sorrow the king-maker 
retired. To quarrel with his countrymen could not promote the 
Maori nationality, which he had at heart, and he saw no alter- 
native but submission. The times were out of joint, and would 
not be set right by him. Yet he ever rebuked the violent by 
his example. Mr. Gorst reported in March, 1862, that when the 
king's military guard, established by Rewi's influence, had to be 
supplied in turn by the Ngatihaua, the king-maker took down 
men and ploughs, broke up and planted land with potatoes, and 
said that was the soldiering his tribe could do. 

In November, General Cameron represented to Sir George 
Grey the smallness of his force. It was diminishing in number 
by reason of drafts of invalids. He had only 2681 effective men 
to guard Auckland and the long line of communication with the 
advanced posts. There were more than 700 soldiers at Taranaki, 
352 at Wanganui, 274 at Wellington, 271 at Napier, 91 at 
Otago. This representation was forwarded to England by Sir 
George Grey on the 27th November, simultaneously with a 
despatch in reply to the Secretary of State's censure, founded 
upon General Cameron's complaints that the militia were not 
duly trained. The Duke of Newcastle had said : " With such a 
fact before me, I have a right to assume that there are more 
soldiers in the colony than are required." Grey deprecated so 
severe a reprimand, published before he had seen General 
Cameron's complaint. By such a course a man's "character 
might be irretrievably ruined, even before he has been accused." 
In February, 1863, the Duke ineptly replied, that he wished to 
blame not Grey but his advisers, and considered that he was 
thereby strengthening Grey in dealing with his Ministers and 
the Legislature. 

In December, a chief traversed the country from Wanganui 



SIK G. GREY AT NGARUAWAHIA. 107 

to Waikato and Auckland. Everywhere he canvassed the con- 
dition of the country with the chiefs, and everywhere he found 
a disposition to maintain the " mana " of the king. Grey sent 
the chiefs diary to the Secretary of State ; and receiving informa- 
tion of a scheme to massacre the English settlers if he should 
send a steamer to the Waikato river, he resolved to act. Early 
on the 1st January, 1863, he started for the Waikato. He met 
Te Wheoro at Drury, arranged that a canoe should be ready at 
daylight the next morning at Maungatawhiri, and with a crew 
of 20 Maoris, some of whom were chiefs and the king's friends, 
was wafted up the Waikato and landed at Paetai before mid- 
night, being received with hearty welcome. At seven o'clock 
in the morning 200 natives were assembled. Among them were 
devoted partisans of the king; but all took off their hats, 
saluted him as their father, and declared that if he had never 
left the country the king would not have been heard of. They 
prepared horses to escort him to Taupiri. Having arrived there 
early in the day, he pushed on to Ngaruawahia unattended. 
The king was at Hangatiki. Te Waharoa was at Peria. Te 
Paea, the king's sister, and a few chiefs were at Ngaruawahia. 
As the Governor walked about, gazing on the tomb of Te Whero 
Whero, and the flagstaff of the king, he was recognized and 
surrounded by the Maoris. They did not say Come, let us kill 
him. They called him their father and protector, and many 
wept tears of joy with the Maori facility which the custom of 
" tangi " created. He thanked them and returned to Taupiri. 
Messengers informed the king, Te Waharoa. and others, of the 
presence of the Governor. The king was an unskilful horseman, 
and at Rangiaohia sent a certificate, signed by a missionary and 
a catechist, to the effect that he could travel no further. The 
king-maker rapidly reached Ngaruawahia. Other chiefs attended : 
but Rewi and his partisans were conspicuously absent. The 
chiefs assembled at their capital were told that they could see 
the Governor, if they wished, at Taupiri. They proceeded 
thither, and seated on the ground awaited his appearance. The 
king-maker rushed forward, seized his hand, welcomed him to 
Waikato, and amid uncovered heads escorted him to the seat 
prepared for him. " Welcome our old friend ! Welcome 
the Governor ! Welcome our father, the friend of Potatau ! 



108 NEW ZEALAND. 

Welcome, parent of the people ! " Such were the cries with which 
a race denounced as unmitigated savages greeted a Governor 
who had put himself in their power. Taati of Rangiaohia and 
the king-maker made orations. The latter said that the king 
movement had been in the minds of the Maoris long before 
form and shape were given to it. Under it good laws, approved 
by the Governor, might be passed. He spoke of Governor 
Browne as " ko te mea hohoro ki te riri " one who was hasty 
to be angry. He asked, as Tipene had asked, whether Grey was 
still opposed to the king. Grey replied that he continually 
studied how to pull him down. " I shall not fight against him 
with the sword, but I. shall dig round him till he falls of his 
own accord." It was an unhappy speech, and was never for- 
gotten. It confirmed the worst suspicions of those already 
distrustful. The chiefs deprecated the introduction of a 
steamer on the Waikato river. The Governor said they should 
put one there for themselves ; but so useful a thing ought not 
to be wanted ; and, failing other means, he must place one 
there. He invited them to send a deputation to Auckland to 
discuss all matters. As the evening closed in he became ill, and 
the assembly was concluded with loud cheers for the Governor. 
The king-maker returned to Ngaruawahia, where it was resolved 
to invite the Governor to visit all the chiefs in the district. 
He, meanwhile, hurried back to Auckland, postponing his tour 
till a fitter time which never arrived. As his canoe passed 
down by Paetai, Maoris galloped on the river-bank with letters 
from the king-maker and others, urging him, if health would 
permit, to visit all the people. He did not visit them, and thus 
was lost almost the last opportunity of peace. 1 Unless, however, 

1 In January, 1863, Grey, in writing about the want of naval assistance 
in New Zealand, and the necessity for a steamer at the control of the Governor 
said : " My own health has completely broken down from the fatigue and 
exposure I was subjected to last winter, owing to its having been rendered 
necessary for me to make overland journeys at an unfavourable season the 
use of an efficient steamer not having been accorded to me. So thoroughly 
is this the case, that I doubt if I shall ever again be able to undergo the 
fatigues which are necessarily incident to my position here. It is impos- 
sible, especially when in ill-health, to repress a sort of feeling of hopeless- 
ness at being thus left in a position of great difficulty whilst powerful 
steamers have been and are found for all the ordinary duties of visiting the 
ports of Australia and Van Diernen's Land, where no difficulties exist or 
have existed." 



BARRACKS AT KOHE-KOHE. 109 

he was sincere and his threat to place a steamer on the 
Waikato casts doubt upon his professions his journey must 
have ended in disappointment. The king-maker and Taati, true 
to their professions, wrote letters to the Ngatiruanui, urging 
them to abandon the Tataraimaka block. But Rewi and other 
chiefs wrote letters of an opposite character, promising (what 
the king-maker denied) the help of the Waikato if war should 
ensue from the retention of the Tataraimaka lands. 

On the 3rd February, 1863, Mr. Parris wrote from Taranaki : 
" I am of opinion that Tataraimaka ought to be taken possession 
of without a renewal of hostilities if carefully managed, by 
stationing not less than 100 troops there." The blunders of 1859 
ought to have prevented the Ministry from putting any faith in 
this statement, which was accompanied by another to the effect 
that the Ngatiruanui tribe kept their district closed, not only 
against Europeans but against natives serving the Queen. The 
Governor himself could hardly be deceived, for on the 9th and 
14-th February he forwarded to England hostile Maori letters 
which were sent to him by friendly chiefs, to warn him of 
danger. One, dated in December, 1862 (sent to Tauranga 
from Taranaki), urged immediate war if the steamer should be 
placed on the Waikato river. " Fire upon her at once. ... If 
we see that the Governor takes forcible possession of Waireka 
and Tataraimaka we will slay him at once." 1 

In the end of February the Governor went to Taranaki. He 
had no sooner gone thither than troubles arose about timber 
carried on rafts from Maungatawhiri for construction of police- 
barracks at Te Kohe-kohe where Te Wheoro loyally served the 
Queen. The kyig's runanga debated a whole night, and 
instructed Te Wheoro that Waikato would take back the timber 
to the Queen's land. An armed band arrived to carry the threat 
into execution. Te Wheoro was staunch, although Tamati 
Ngapora and others urged him to give way. Argument lasted 
for two days. Then the orators left the army to work. The 
Kohe-kohe Maoris watched the timber. After waiting all day 
for an opportunity, the army proceeded to throw the timber into 

1 About this time H.M.S. ' Orpheus ' was wrecked at the Manukau, and 
three Maoris were conspicuous for their daring gallantry in saving the lives 
of the English. 



110 NEW ZEALAND. 

the river. Twelve Maori women and eight men dragged it back 
as quickly as it was thrown in. The sharp edges drew blood 
from the excited strugglers, but no blows were struck. The 
weary army abandoned its unwarlike work. Only six pieces of 
wood had floated away, and they were afterwards recovered. 
The Governor, at Taranaki, advised the stoppage of the pensions 
of Tamati Ngapora and his abettors, increased the salaries of Te 
Wheoro and others, and gave 5 a year to each of the gallant 
Maori women, and a watch to each of the eight men. To 
Tamati Ngapora he offered an inquiry, and stopped his pension 
until a satisfactory explanation could be given." Ngapora was 
not one of those who could be bought, and the attempt was one 
of Fouche's blunders. The war-party of Ngaruawahia took 
stronger measures. They sent more men under Wi Kumete to 
remove the timber by force. Mr. Gorst met them at Rangiriri. 
Wi Kumete showed him some spirits which he had captured 
from a canoe importing them in defiance of the Maori law. 
Undeterred by Mr. Gorst's remonstrances Wi Kumete went to 
Te Kohe-kohe, threw the timber into the river, bound it in rafts, 
and sent a message to the officer in command at the Queen's 
Redoubt. If provided with safe-conduct the Maoris would land 
the timber at Te la ; if not they would let the rafts drift on the 
river. Kumete received permission to land the timber un- 
molested ; kept spectators off with ropes and stakes, and a guard 
of his own soldiers ; landed the timber ; returned triumphantly to 
Te Kohe-kohe, and suggested that Mr. Gorst and all his sur- 
roundings at Te Awamutu should be removed in like manner. 
The Maoris had put up a post at Maungatawhiri on the Queen's 
land, with a notice : " This is the Pakeha boundary. The water 
belongs to the Maoris." Mr. Gorst had pulled up the post, but 
Kumete re-erected it, and declared that Mr. Gorst's conduct 
demanded his expulsion. 

Mr. Fitzgerald, in a letter to Mr. Adderley, charged Sir George 
Grey with wrongly striving to build a bullet-proof redoubt at 
Kohe-kohe under the name of a court-house. Sir George Grey's 
denial of the charge as untrue contained ample proof that it was 
reasonable. The despatch (April, 1865) to Mr. Cardwell, 
introduced his responsible advisers upon the scene. In May, 
1862 (Fox, Premier), they recommended that a court-house 



OPPOSITION NEWSPAPERS. Ill 

should be built. Tawhiao forbade it. In June, 1862, the same 
advisers advised that " a barrack for the accommodation of a 
native police force should be added to the court-house about to 
be built." Sir George Grey thought that Te Wheoro the friend 
of the English " ought to be allowed to protect himself from 
violence in his own village, and that preparations should be made 
to resist the rebellion which I feared was about to break out, 
and I therefore acquiesced in the advice tendered to me." All 
this might be true, and yet Mr. Fitzgerald's l charge might be 
irrefutable. As it was perfectly well known to Sir George Grey 
and his advisers that the erection of any stronghold within the 
king's territory was tantamount to an act of war, the explana- 
tion to the Secretary of State did not convey the whole truth. 
When Kumete re-erected the boundary-mark pulled down by 
Mr. Gorst he showed the significance attached by the Maoris to 
the proceedings of the Government. The expulsion of Mr. 
Gorst was undertaken by the pertinacious Rewi ; and though 
the narrative somewhat overlaps the course of events at Taranaki, 
it may be told in connection with the contest at Kohe-kohe. 

In addition to the school at Te Awamutu there was an official 
newspaper 2 devoted to countervail a Maori newspaper published 
by the king party at Ngaruawahia. The latter bore the evil 
name, ' The Hokioi,' a mythical invisible bird known only by its 
scream; the omen of war or other scourge. Patara, cousin of 
the king, was the editor. The Governor's paper was called 
" The Pihoihoi Mokemoke," the solitary lark. 3 An article on 
the evils of the king's government gave great offence by 
alluding to a gross but unpunished crime. If Matutaera had 
power to punish he was to blame for neglect. If he had not 
power, but pretended to have it, he was guilty of false pretences. 

1 Mr. Fitzgerald erred in attributing to Mr. Domett the advice to erect 
a police station at Kohe-kohe, and Sir G. Grey took occasion in a separate 
despatch (No. 60 ; 7th May, 1865) to correct the error which was undeni- 
able though not important. 

2 The ' Maori Gazette ' had existed previously, and had been discontinued 
by Sir G. Grey, but was re-established by him when private enterprise 
threatened to publish one. 

3 Pihoihoi is rendered as the "ground lark" in Bishop Williams' ' Maori 
Dictionary.' I know not why the title of the paper has been translated as 
" the sparrow sitting on the house-top " in some narratives. 



112 NEW ZEALAND. 

One effect produced by the article was to cause suggestions 
that the ' Pihoihoi ' should be destroyed and Mr. Gorst be driven 
away. At a time when the Maori mind was seething with 
apprehensions about the great river, Rewi sent eighty armed 
Ngatimaniapoto under Aporo, the orator who had confronted 
Mr. Fox, to destroy the Pakeha newspaper. He himself, with 
Te Rangitake, held aloof, about 300 yards from the school- 
buildings. Mr. Gorst was absent when the band arrived on the 
24th March. Within the enclosure they had prayers, were 
stirred by a speech from Aporo, and then broke open the build- 
ing in spite of the resistance of Pineaha, the Maori native 
teacher. Everything belonging to the printing-office was seized, 
and placed on two drays brought for the purpose. Taati and 
Te Oriori hearing of the outrage, hurried to the spot from Ran- 
giaohia, and asked if Te Whero Whero's words, " Be kind to the 
Pakeha," were forgotten. Matutaera's were the same. Hone 
Ropeha replied that he would trample on the king's words. 
Taati called for writing materials and took down the words. At 
dusk Taati returned to Rangiaohia, telling the schoolboys to 
inform him if further violence should be offered. The invaders 
camped in the printing-house and on the road, and set a guard. 
Mr. Gorst returned at eight o'clock in the evening. The late 
fellow of St. John's was in a situation which might curdle the 
blood of some men. Mrs. Gorst was at this remote dwelling, 
already in the power of a man whom Mr. C. W. Richmond had 
called " an essential savage, varnished over with the thinnest 
coating of Scripture phrases," for Te Rangitake, whose pah had 
been ravaged by the English, was on the spot with the fierce 
Rewi. But Mr. Gorst was bold in his bearing. In the morning 
chiefs arrived from Rangiaohia, and all day discussion lasted. 
Rewi was blamed for his conduct. Mr. Gorst was sent for, and 
Aporo told him to leave Awamutu. He declined. Rewi was 
unyielding, and all that the Rangiaohia friends could procure 
was a respite for Mr. Gorst until orders from Sir George Grey 
might arrive. Taati and Te Oriori entered the house to ensure 
the safety of Mr. Gorst and his family, while Rewi's guards 
surrounded it. Then through the inteivention of a missionary, 
it was agreed that Mr. Gorst should ask the Governor's per- 
mission to leave Te Awamutu, Rewi surlily saying that if the 



MR. GORST AT AWAMUTU. 113 

Governor allowed Mr. Gorst to remain he should die. Mr. Gorst 
agreed in writing to ask for leave to go, and Rewi wrote to Sir 
George Grey : " If you say that be is to stay he shall die. 
Enough. Write speedily to remove him in three weeks." The 
Maori schoolboys heightened the effect of the picture by asking 
Te Oriori to give them guns with which they said they could 
protect themselves against the Ngatimaniapoto. On the 26th 
March, Mr. Gorst was officially instructed by Mr. F. Dillon Bell, 
the Native Minister, to remove with his family and other Euro- 
peans, if he should be of opinion that remaining at Te Awamutu 
would be attended with any danger to life. Mr. Bell went to 
Taranaki, and sent thence instructions of a similar nature from 
the Governor. The king-maker arrived at Rangiaohia. His 
tribe disapproved of Rewi's proceedings. He told Mr. Gorst, 
nevertheless, that Rewi was obdurate, and the Europeans had 
better leave. The king-maker personally approved of the 
school, but Sir George Grey had said he would dig round the 
king, and when the king-maker looked to see where the 
digging was going on, he thought Mr. Gorst and the school were 
some of the spades. Yet he would not abet violence. Rather 
he warned Mr. Gorst about Rewi. Mr. Gorst said if the king 
could not control Rewi, the Governor's words were true, and the 
king had already fallen. " I think," he wrote, " the chiefs 
winced a little at this, but Te Waharoa does not lose his temper 
in argument. It was pitiable to see a man of so noble a 
character with so base a part to play." Having obtained per- 
mission to leave, if needful, Mr. Gorst endeavoured to maintain 
himself in his post. The Governor renewed the Native Minis- 
ter's instructions, but took no notice of Rewi's letter to himself. 
Rewi was told that the Governor could not understand his 
proceedings, but did not wish Mr. Gorst to fall by his blade. 
He had no more to say. Rewi replied it was well that the 
Governor had said Mr. Gorst should go. But he was unwilling 
to abandon his post. He went to Ngaruawahia on the 13th 
April. He wrote his narrative from the printing-office of the 
'Hokioi,' the Maori newspaper. On the 14th there was a 
meeting at which he remonstrated with the runanga. He was 
told that the Governor's words about digging round the king, the 
Kohe-kohe building plans, the pulling up of the boundary-post 

VOL. II. 1 



114 NEW ZEALAND. 

at Te la, the court-house at Awamutu, and the articles of 
the ' Pihoihoi,' were reasons why he should leave Waikato. He 
retorted that nothing could justify expulsion from his own land, 
and asked who would drive him away. " Who join in the deed ? " 
he said. " All Waikato." " Who are all Waikato ? " Here- 
wini pointed down the river, waved his wand round the horizon, 
and said, " From Tongariro to the sea all have agreed." Mr. 
Gorst denied that Matutaera or Waharoa had consented. On 
the 15th, Matutaera wrote his decision as follows: "I said to 
Rewi, O Rewi ! leave these days to me ; bring back all the 
property ; let none be lost. I do not say that Mr. Gorst shall 
stay. He must go." On the 17th, the printing-press was 
returned, and Mr. Gorst was at Auckland a few days afterwards, 
some of the scholars following him. The Rev. A. Purchas, 
medical commissioner, superintended the despatch of the school 
property, the premises being left in the care of two native 
teachers, one of whom, Pineaha, had risked his life in resisting 
the assault on the printing-office. The king-maker wrote a 
sorrowful letter, regretting Mr. Gorst's expulsion without a cause 
The king's sister, Te Paea, undertook to guard the premises 
against intrusion, and Rewi promised to respect her pledge. As 
to general policy Rewi was now in the ascendant ; and the king 
and king-maker vainly deplored the rage for war which coursed 
through the violent Ngatimaniapoto. An armed band of 200 
of them marched to the Taranaki district on the 18th April. A 
letter from Patara (editor of the ' Hokioi ') to Tamati Ngapora 
(27th April), lamented the expulsion of Mr. Gorst and the con- 
tempt of the Ngatimaniapoto for the king's authority. Rewi 
even demanded that Te la should be given over to him to work 
his will upon, but this the runanga had successfully opposed. 
Strife was at the doors of all dwellers in the Northern Island. 

Until the day on which Governor Browne's seizure of the 
Waitara was approved by the Duke of Newcastle the Maori race 
venerated the justice of the Queen. Not even Sir George Grey 
could restore their confidence. His own seizure of Rauparaha 
by night was never forgotten, and bred distrust in spite of his 
general popularity. He went to Taranaki on the 4th March to 
deal with the difficulties arising from the recent war. He had 
waited until his military road to Waikato was completed, 



THE RAPE OF THE WAITABA PROVED. 115 

because if there were war, Auckland without that road was 
deemed indefensible. He professed to labour for peace while 
preparing for war. He resumed without opposition the Omata 
(12th March) and Tataraimaka (4th April) blocks at Taranaki. 
He instituted inquiries about Waitara which should have pre- 
ceded the occupation of Tataraimaka. 

Lieutenant Bates, of the 65th Regiment, Native Interpreter 
to the Forces, reported (10th April), on the authority of Mr. 
Carrington, who had been surveyor in the province for twenty- 
two years, that far from being under the control of Teira in 
1859, the block had contained two pahs inhabited by two hun- 
dred residents, and by thirty-five of Te Rangitake's followers ; 
and that when the block was forcibly seized in 1860, the pahs 
and cultivations had been destroyed by the Queen's forces and 
their native allies. Mr. Dillon Bell, the Native Minister, de- 
clared (llth April) that these amazing statements 1 were directly 
contrary to what he had always believed, and that Mr. Parris still 
thought them exaggerated. Sir George Grey (12th April) asked 
Mr. Bell whether, even if there were a flaw in the title of Te 
Rangitake's people, it was wise, or becoming, or a proper subject 
on which to risk a war, by expelling from their homes a number 
of Maoris who had occupied them for years in peace. Mr. Bell 
consulted Teira, and the old murderer Ihaia, on the 16th April, 
and they admitted that it was by tribal arrangement that Te 
Rangitake had settled on the south bank of the Waitara after 
the return from Waikanae. Teira, when challenged by Mr. 
Bell for not mentioning the fact to Governor Browne, alleged 
that when he offered the land in 1859, he did not intend to 
include the pahs. He had the audacity to complain that the 
balance of the purchase-money was unpaid. Mr. Bell replied 
that the deed prepared made no reference to the reserve of the 
pahs, and that it was Teira's duty to have spoken of them. 
" Teira and Ihaia, after a few moments' silence, said : ' If we 
could answer that, we would do so. As it is we are silent.' ' It 
had come to this then. Mr. C. W. Richmond's and Mr. Bell's 
assurances (with Donald McLean's culpable acquiescence) that 

1 Mr. Bell assisted Mr. Richmond in his fruitless endeavour to confute 
Sir W. Martin's arguments, and framed Colonel Browne's elaborate despatch 
of 4th December, 1860, in justification of the seizure of the Waitara block. 

I a 



116 NEW ZEALAND. 

Teira's title had been investigated and found good, had deceived 
Colonel Browne, plunged the -two races into a bitter war, and 
were now confuted out of Teira's mouth at the first touch of the 
unprejudiced Lieutenant Bates, and Bell himself became an 
instrument in eliciting the truth against which he had formerly 
contended. The Governor (19th April) wrote, that these admis- 
sions made it more difficult than ever for the Government to insist 
that the purchase of the block should be maintained at all risk, 
and that a reserve of 200 acres for the Maoris should at once be 
made round the old native villages. The Ministry consented. 
As to the admissions, the facts appeared to have been over- 
looked throughout the discussions on the Waitara purchase in 
consequence of the raising of the larger question of alleged 
seignorial and tribal rights. " It is difficult to conceive," they 
added, " that if these facts had come out clearly at the time of 
the sale, the practice universally followed, as far as Ministers 
are aware, in all purchases of land in New Zealand from the 
foundation of the colony, viz. that of reserving the pahs of resid- 
ent natives, together with their cultivations and burial-places, 
would not have been adhered to in this particular instance." 

A heavier indictment could hardly have been framed against 
the Government of 1860. The facts now called new were 
urged by the king-maker in reply to the manifesto of the 
Governor in May, 1861 ; and in 1860 Mr. C. W. Eichmond, 
acknowledging that there were some of Rangitake's people on 
the land, had called them encroachers. 

Sir George Grey (22nd April) thanked his Ministers for their 
acquiescence as to the reserves. He prepared a summary of the 
existing condition of affairs, and recommended that the purchase 
should be abandoned, and a notice at once issued in the follow- 
ing terms : "The Governor directs it to be notified, that from 
facts now come to light, and not before known to him, he does 
not think that the purchase of the block of land at Waitara is 
either a desirable one, or such as the Government should make ; 
that his Excellency therefore abandons the intention of making 
this purchase, and forfeits the deposit of 100 which the Govern- 
ment has made on this land." He told his Ministers, in conclu- 
sion : " That the country was in such a state that he felt by no 
means confident that this act would quiet the minds of many of 



MINISTRY HESITATE AS TO WAITARA. 117 

the Maoris. On the contrary, he thinks it may now be im- 
possible to avoid some collision with them ; but he believes it 
would at once win many over to the side of the Government ; 
that it is a proper act, and that, if a contest must come, the 
closest scrutiny either in England or in the colony would result 
in an admission that every possible precaution had been taken 
to prevent the horrors of war." Unhappily his contemplated 
restitution of the Waitara had been deferred until he had given 
offence at Tataraimaka. Nevertheless, if his Ministers had been 
prompt, the restitution might have averted war if they and the 
Governor honestly desired to avert it. But at this crisis they 
consumed more than a week in drawing up objections to the 
Governor's proposal. The facts appeared indisputable, having been 
voluntarily communicated to the Native Minister by Teira him- 
self. " Ministers conclude with his Excellency that the (Stafford) 
Government was not aware of them." They would not, with the 
facts before them, recommend a similar purchase; but they 
reflected on the support given to Mr. C. W. Richmond in the 
House, and they shrunk from doing justice. They feared to 
damage Teira's position, and dreaded lest an act of right should 
seem like concession to intimidation. The rod of the Assembly 
was over them. They consented to renounce the pahs and 
reserves around them, but shrunk from abandoning the remain- 
der of the land. " Nevertheless, considering the great com- 
plexity of the whole case, the difficulty of the Governor's posi- 
tion, the critical state of the colony, and the aggravation of all 
these evils which might be produced by the opposition of the 
Ministry to any course which the Governor might feel com- 
pelled to adopt," they would leave the decision with his Excel- 
lency, and assist him in carrying it out. On the evening of the 
30th April they handed their tardy reply to the Governor. He 
answered on the 2nd May. The Ministry had said that the 
Native Minister was of opinion that the proprietary right of the 
sellers to the greater part of the block would be found valid. 
Sir George Grey anxious (he said) to make no mistake, asked at 
once for the evidence taken by Mr. Parris. The Native Minis- 
ter replied that there was none except in the published letters 
and reports. " I ask in vain for evidence," said the Governor, 
" and none can be produced." On the 4th May, he again urged 



118 NEW ZEALAND. 

the open abandonment of the block. Precious time was lost in 
conferences. Mr. Bell went to consult with Teira and some of Te 
Rangitake's friends on the 24th May, and while doing so heard, 
by express message from the Governor, of murders committed 
on that day by Maoris at the south of Taranaki, where the 
Governor had already taken possession of the Tataraimaka block. 
At a later date (April, 1864) there was found in a captured pah l 
a letter from Te Rangitake to other chiefs, saying : " If what the 
Governor says about Waitara is satisfactory there will be no 
difficulty about Tataraimaka. The sufficiency of what the 
Governor says must be this, the giving back of Waitara into 
our hands, and then it will be right about Tataraimaka." The 
letter was dated 1st February, 1863. How far the writer could 
have influenced his countrymen may be a matter of conjecture. 
It is not certain that if the Ministry had joined in the manly 
giving up of the Waitara the reclamation of Tataraimaka could 
have occurred without provoking war. It is certain that their 
obstructions tended to make war unavoidable. One Ministry 
directly brought about the war of I860. 2 Another indirectly 
ensured that of 1863. Sir George Grey cannot be acquitted of a 
blunder, for although the Ministry delayed the notification of the 
abandonment of the Waitara block, it can scarcely be contended 
that it was out of his power to postpone the resumption of the land 
at Tataraimaka. To follow the negotiations is a melancholy task, 
like that of tracing the body of a wounded friend by his blood. 
On the 5th May (the day after the murders) the Governor 

1 History of Taranaki,' p. 239. B. Wells. 1878. 

2 Mr. Weld, sensitive as to imputations against his absent friend, 
Governor Browne, wrote to a newspaper (18th May, 1863) denying strongly 
that in the negotiations between Governor Browne and Hapurona, in 1861 
(after the king-maker had withdrawn the Waikato forces from Taranaki)) 
any promise was given that if the Maoris were withdrawn the soldiers 
should bo withdrawn also from the Waitara. Mr. Weld averred that he 
with Mr. Whitaker was present during the negotiations, and that the promise 
was only that a claim put forward peacefully should be investigated. But 
tin; investigation asked for by the Maoris, by Bishop S^lwyn, and Sir 
William Martin, was a legal one, and an inquiry by Parris or a similar 
functionary could not adequately satisfy their demand. The vigour with 
which honourable men vindicated the proceedings at Waitara only furnished 
proof that judgment is blinded when feelings are roused. The valus of 
1'iirris as an investigator was shown by Lieutenant Bates' easy discoveries. 



WAITARA BLOCK ABANDONED. 119 

received a warning written on 29th April by a gentleman well 
versed in Maori customs. Ambuscades were being laid to the 
south of Taranaki. The reclamation of Tataraimaka was 
" whakama," or "Maori shame," while the English held Wai tara. 
Something must be done to redeem the Maori honour. " We 
of course know," the writer said, "that we are only taking 
that which is our own ; but they argue that those places are 
theirs by conquest, that they had a right to hold them, and that 
they were determined to do so, so long as we hold Waitara." 
This phrase must have run like iron through the blood of those 
who had delayed the abandonment of the block. The Governor's 
despatches tell his own remorse. Reporting the murders he 
said (5th May) : " I fear that I cannot now prevent war by acting 
in the manner I believe justice required in regard to the land at 
the Waitara. I take great blame to myself for having spent so 
long a time in trying to get my responsible advisers to agree in 
some general plan of proceeding. 1 I think, seeing the urgency 
of the case, I ought, perhaps, to have acted at once without, or 
even against, their advice ; but I hoped from day to day to 
receive their decision ; and I was anxious, in a question which 
concerned the future of both races, to carry as much support 
with me as possible ; indeed, I could not derive its full advantage 
from what I proposed to do unless I did so." He had thought 
the violent natives anxious to hurry into war while the English 
were unprepared ; but had hoped for a few days' continuance 
of peace. He had one hope left, " that the shocking nature of 
the wholly unprovoked murders may strike with shame and 
terror the better-disposed natives, and prevent them from con- 
founding the troubles which must result from these murders with 
the disputes which have arisen regarding the land at the Waitara." 

1 Mr. Fox disingenuously concealed the delays caused by the Ministry. 
Fresh from the post of Premier in New Zealand, he said in his book, ' The 
War in New Zealand' (1866) : " By one of those unfortunate errors which 
are apt to befall those who are too much given to diplomacy, Sir George 
Grey, for some unexplained reason " (having decided to give up Waitara 
and retake Tataraimaka) " reversed the process ; without even giving a hint 
of his intention to surrender Waitara, he sent soldiers to occupy Tatarai- 
maka." Yet Mr. Fox had before him (when lie wrote these words containing 
something more than "an unfortunate error") the Parliamentary Papers, 
English and Colonial, quoted in the text, and cited in 1864 by Mr. Gorst in 
his book ' The Maori King,' 



120 NEW ZEALAND. 

On the evening of the 5th May, the Ministers earnestly con- 
sulted with Sir George Grey. Then, too late, they agreed to 
withdraw the troops from Waitara ; to hold a meeting of the 
Ngatiawa at the place, and proclaim the abandonment of the 
block, and an amnesty for all offences connected with it. On 
the 6th, Sir George Grey had an interview with native chiefs 
(amongst whom was Horiana the daughter of Te Rangitake), 
and paved the way for their reconciliation with the friends of 
Ihaia. On the 7th, Lieutenant Bates met other chiefs, includ- 
ing Teira. He was told by Ihaia that the recent murders were 
"the act of the whole island for Waitara." For seven long 
hours Lieutenant Bates prolonged his conference, and reported 
it to the Governor. On the 8th, the Governor in a brief minute 
declared his "decided opinion that the Government should 
forthwith announce in terms which the natives cannot misun- 
derstand that from facts recently come to their knowledge, 
they will not proceed further in the purchase of the land at the 
Waitara that the Government does not claim that block of 
land, or assert any right of property in it." Teira ought to be 
liberally treated. " The Governor would earnestly press that no 
time should be lost in taking positive steps in these matters." 

The Ministry had learned the value of promptitude. They 
replied on the 8th in a minute, concluding thus : " It is evident 
from the despatch of the Duke of Newcastle, received yesterday, 
that the Imperial Government still maintain the opinion that the 
Waitara was ' a settlers' war.' It is in vain for Ministers any 
longer (in the midst of difficulties which require instant action) 
to contend against this view : it only remains for them to avoid 
the possibility of any war being renewed on any grounds that 
would admit of that assumption as to its character and origin, 
which would be the case were war to be renewed at Waitara. 
Independently* of this consideration, the imminent danger of a 
general insurrection, if any fighting whatever takes place at 
the Waitara ; the exposed position of the other settlements of 
the North Island, to which Ministers must mainly look; and 
the necessity of now employing a large body of troops to the 
south of New Plymouth, make it absolutely necessary to with- 
draw from any risk of a collision at the Waitara. This can only 
be done (notwithstanding the risk mentioned by Lieutenant 



CONDUCT OF THE MINISTRY. 121 

Bates of the land being placed under the Maori king's authority) 
by the adoption of the Governor's proposal in his minute of 
to-day, and Ministers therefore concur in that proposal." He 
hardly gives at all who gives too late. Had they, on the 22nd 
April, agreed to the immediate issue of the notice put before 
them by the Governor all might have been well. It was almost 
impossible that, in face of so dramatic and unforced an act, 
the Maoris would have directed an outbreak without previous 
and protracted discussions. In their cry of distress the Minis- 
ters revealed the motives of their final concession. The need of 
English forces to wage war, and the imminent danger to other 
settlements, extorted from them what no appeal to their sense 
of justice could procure. Their consent was hardly in his hands, 
when on the same day Sir G. Grey met a number of chiefs, of 
whom Ihaia was one. They had agreed to a re-union of the 
tribe at Waitara. The Governor announced the abandonment 
of all claim to the block. He renounced the purchase, as he 
believed Governor Browne would have renounced it, had the 
fact been before him, that to complete it more than 200 
residents would have to be evicted. Nevertheless, in order to 
keep faith with Teira, the money promised would be paid, 
though not for the land. The land would revert to whatever 
its former ownership had been. The chiefs declared his words 
to be good. One wanted to know whether judgment in favour 
of Te Rangitake was implied. The Governor said he gave 
judgment for neither party. The invariable rule was not to 
turn off any residents in buying land. " Let all who lived there 
come back in peace if they choose." Ihaia said : " We will 
receive the laws from your mouth. We fought for the Governor 
when he told us to fight, and we yield when the Governor tells 
us to yield." He and Mahau declared they would never join 
the Maori king. The Governor said : " Come to me when any 
danger threatens, and I will take care of you." The conference 
turned upon the important question of a general rising, in case 
the recent murders at Oakura should be punished. The 
Governor said retribution would overtake the murderers, and if 
the Waitara natives were disturbed they should see what 
measures he would take for their safety. The chiefs said : " We 
are now saved," and despatched a messenger with the Governor's 



122 NEW ZEALAND. 

words to Mataitawa, where the Maoris, interested in the 
Tataraimaka block, were assembled. There were more discus- 
sions between the Governor and his Ministers, and nocturnal 
meetings with them and the General, before the troops were 
withdrawn on the 13th May. On the llth May, by proclama- 
tion, the claim of the Government to the Waitara block was 
renounced, with the advice and consent of the Executive Council. 
The resumption of Tataraimaka remains to be told. On the 
12th March, forces under Colonel Warre, 57th Regiment, 
occupied without opposition the Omata block, amidst indica- 
tions of goodwill on the part of the Maoris. On the 4th 
April, the Tataraimaka block was similarly occupied, and when 
Sir George Grey left it, on the 6th April, natives formerly 
hostile were arranging for sales of potatoes to the troops. Then 
followed messages to and fro among the Maoris as thickly as 
they were flying between the Governor and his Ministers at 
the same time about the Waitara. Te Rangitake wrote to tell 
Rewi of the seizure of the Tataraimaka lands. Rewi wrote to 
the men at Taranaki : " Fight these people, but in fighting them, 
fight in a civilized manner, and do not torture them." The 
Native Minister reported that ambuscades had been made by 
the Taranaki natives. Tamati Hone on the 28th April ordered 
the natives in ambush to retire, and was obeyed. Friendly 
chiefs reported that the Governor, the General, and principal 
men were to be attacked. Traffic was nevertheless continued. 
Meanwhile it became known that Rewi had told the Taranaki 
men to fight. Mr. Gorst heard that Rewi alone was responsible 
for the order. Sir George Grey at a. later date came to the 
conclusion that three chiefs concerted the message, that one of 
them lived near Rangiriri, and that as soon as the message was 
despatched those defensive works were commenced at Rangiriri 
which were to cost the English many lives. 1 Howsoever the 
order had been given or supported it was plain that war was at 
the door. The tardy renunciation of the block at Waitara had 
made nugatory, for the existing emergency, an act which in 
itself was laudable as a tribute to justice. No Englishman 
except the much-reviled Fitzroy seemed to touch the Waitara 

1 The statement in the text about his letter was made by Rewi in public 
in the author's hearing. 



TATARAIMAKA. 123 

question without crime or blunder. The lust and rapine which 
gleamed from the covetous eyes of the Taranaki settlers were 
reflected continually in malignant phrases already quoted in the 
text from Provincial Councils, the Richmonds, Atkinsons, and 
others. Donald McLean would not risk his position in a contest 
with the Native Minister whom, after abandoning Sir William 
Martin's counsels, Colonel Browne delighted to honour. Parris 
bowed down before the same idol. Private letters from one 
so active and powerful as C. W. Richmond, were irresistible. 
Parris had exhausted his virtue in protesting against "the 
peremptory plan" of Mr. Turton to rob Te Rangitake, and 
became a ready tool in carrying out the more peremptory plan 
of Mr. Richmond, declared to be " carefully chosen." Sir 
George Grey instead of obtaining the consent of his Ministers 
to the restoration of the Waitara block ; and, at the least, making 
its restitution contemporaneous with the resumption of Tatarai- 
maka, occupied the latter before investigating the facts connected 
with the former. His Ministers were " amazed," on the llth 
April, at the proof of the crime committed under Colonel Browne ; 
and yet it was not until the 30th April that after much dis- 
cussion they consented, with reservations, that justice might be 
done if the Governor should choose to do it. To the Governor's 
proposed proclamation (22nd April) they would by no means 
consent. The Oakura murders and a despatch from England 
converted them, and they did on the 8th May what they had 
refused to do when it might have been useful. Mr. Fox's 
insinuation that the delay in the abandonment of the Waitara 
arose from " one of those unfortunate errors which are apt to 
befall those who are too much given to diplomacy" and Mr. 
Fox's silence about the protracted contention between the 
Governor and his unwilling Ministers proved the contagiousness 
of error in the matter. He had nothing to do with the case, 
but he could not write about it except in a manner calculated 
to deceive. 1 But the consequences of the blunders of 1J-63 
require to be told. 

1 He succeeded in part. In the ' Life of Bishop Selwyn ' (London : 1879) 
the author says that Sir George Grey, " when he heard of the murder, snid : 
"Now I must give up the Waitara." The accepted untruth has made it 
necessary to record the dates in the text with minuteness. 



124 NEW ZEALAND. 

The reader will remember that Mr. Gorst's life was supposed 
to be in danger at the hands of Rewi in April, and that the 
Governor and his advisers had before them the erection of the 
Maori boundary-post at Maungatawhiri, the casting of timber 
into the river at Kohe-kohe, the expulsion of Mr. Gorst, the 
resumption of Tataraimaka, and the abandonment of Waitara. 
On the 4th May, a small party of men were escorting a military 
prisoner to Taranaki for trial. Lieutenant Trajett and Assistant- 
Surgeon Hope of the 57th, going to town on private business, 
travelled with them, making the party eight in number. At 
Oakura, between the Tataraimaka and Omata blocks they were 
fired on from an ambush, and at the first volley all but one or 
two were dead or mortally wounded. Then their heads were 
brutally cut with tomahawks. When resuming the Tataraimaka 
block the Governor had found, on consulting the General, that 
it would cost nearly 20,000 a year to hold it against hostile 
Maoris. As there were only twenty English owners of the 
4000 acres composing it, he persuaded his Ministry to agree to 
purchase their rights. Mr. Brown, the Superintendent of the 
province, undertook (21st April) to propose, but not to support, 
a Bill to authorize the purchase. Taranaki maintained its 
impracticable character, and the Provincial Council rejected the 
Bill. At a time of such imminent public danger Mr. Brown 
argued that no coercion ought to be attempted " till it was shown 
that the owners either refuse to sell by arbitration, or ask a 
price for their land greater than it would be worth if it could be 
occupied in security." In other words, the wrongs done by 
Governor Browne, and imputed by Mr. Fox to the instigation 
of Mr. C. W. Richmond and the Taranaki settlers, were to be 
maintained, and the sufferings they entailed were to be redressed 
by the General Government ; and the Provincial Council was to 
withhold reasonable assistance. A petition to the Queen from 
the inhabitants at Taranaki declaring the compensation voted 
for them inadequate, was drawn up in March. Sir George Grey 
transmitted it to England on the 16th May, with a minute 
by his Ministers which showed that out of 200,000 voted 
for the general good at Taranaki, 120,000 were apportioned 
for compensation, 80,000 were retained for purposes of re- 
instatement of the province, and the province was enabled by 



THE GOVERNOR AND THE MINISTRY. 125 

local enactment, assented to by the Governor, to raise 50,000 
by loan to meet claims for losses which the apportioned sum of 
120,000 might be insufficient to meet. In a minute by the 
Governor at Taranaki (March, 1863), consenting to the arrange- 
ment of the loan, he said : " The great difficulty in my way is 
that the language of some few of the settlers has been such, in 
their efforts to force on a war, and in my opinion still continues 
to be such, that I fear it may be thought if the Government 
adopts the course I recommend that it will be believed by the 
persons I have alluded to that we have conceded this point of 
compensation in consequence of the system of intimidation 
pursued towards myself and the Government, and that this 
fancied success may lead to increased efforts to force me into a 
war with the natives. Still I would do what is right, and meet 
firmly the evil I anticipate." It will have been observed that in 
consenting to Grey's policy about Waitara the Ministry referred 
to a despatch from the Duke of Newcastle as the turning-point 
which made it hopeless for them to contend any longer against 
the view that the Taranaki war had been a settlers' war. In 
the turmoil of events, while yet at Taranaki they found time to 
deal with the subject of colonial responsibility, discussed at great 
length by the Duke of Newcastle, as already related. " The 
Imperial Government acknowledged no indefinite obligation" 
to pacify the country, as seemed to be locally demanded. A 
diminution of the Imperial forces was to be expected, and the 
important step of placing the management of native affairs 
under the control of the General Assembly was sanctioned. 
The Treasurer, -Mr. Reader Wood, was with a colleague at 
Auckland, and shrunk from paying over the large unpaid portion 
of the 120,000. In view of the additional forces asked for, 
and the probability of war, they thought they would not please 
the Assembly, nor comply with the Loan Act, "nor with 
financial prudence, if they were to assent to the distribution of 
any portion of the fund at the present time, by way of com- 
pensation to the Taranaki settlers." Though Mr. Domett and 
Mr. Bell agreed with the Governor, they would not take the 
responsibility of over-ruling their colleagues, and the sum in 
question, 90,000, was not paid. It was agreed in June to pay 
interest upon it to the distressed Taranaki settlers until the 



126 NEW ZEALAND. 

Assembly could consider the subject. The Taranaki Provincial 
Council had in the mean time passed their own Loan Act for the 
sum of 50,000. 

The Duke of Newcastle in a separate despatch expressed 
confidence in the vigour, ability, and public spirit of Sir George 
Grey, and explained that he had not meant in any past censures 
to impair his power of usefulness. It was with the Colonial 
Government and Legislature that he found fault. On the 
14th May, with almost a certainty of a great war before them, 
the Ministry drew up a paper on the conduct of the Native 
Department. They referred to the resolutions of the represent- 
atives in August, 1862, on administration of native affairs. They 
declared that the most important business was the personal 
communication between the natives and the Governor, that to 
it the natives looked for guidance, and that while Sir George 
Grey was in the country the system must continue. Responsi- 
bility must thus be divided, the Governor being answerable to 
the Crown, and the Ministers to the Assembly. The position 
was admittedly anomalous, and practicable only where con- 
fidence was mutual between Governor and Ministers. Sir 
George Grey, on the 16th May, highly complimented his 
Ministers, especially Mr. Bell, on their ability, zeal, and cordiality. 
He reminded them, however, that when, in order to meet the 
supposed wish of the General Assembly, he had handed over 
responsibility for native affairs, the Assembly repudiated the 
arrangement, which had not been made by their desire. Never- 
theless the Native Department had remained under the control 
of the Ministers ; and " he had consequently never been able to 
'act in native matters with that vigour and promptitude which 
he believed essential to successful administration." If such had 
been the case under Mr. Bell, what might have been the result 
with a Native Minister less able and less acquainted with native 
affairs ? Feeling strongly " the great evils resulting to both 
races from the present system, in which all power rests really in 
the hands of his Ministers, whilst responsibility rests upon him- 
self, and that there can consequently be no rapidity of decision 
or vigour of action in native affairs in this most important 
crisis of the history of the colony, the Governor begs Ministers 
to accede to the advice of Her Majesty's Government by acting 



THE GOVERNOR AND THE MINISTRY. 127 

on the principle that the administration of native affairs should 
remain as it now is with them, and that the Governor will be 
generally bound to give effect to the policy which they re- 
commend for his adoption and for which they will be responsible." 
The plan would " simply give Ministers who have now all the 
real power the means of using that power vigorously and 
promptly, whilst their rapidity of decision and action must 
necessarily be quickened by the sense of the great responsibility 
that will rest upon them." He would assist them to the best 
of his power. The Ministers admitted the accuracy of the 
Governor's reference to the resolutions of the House, and, 
learning that in his opinion the system worked badly, expressed 
their readiness to concur until the next session with any 
agreement whatever to remedy the evils of the crisis. But they 
considered themselves precluded by the resolutions from accept- 
ing the position in which the Duke of Newcastle wished to 
place them. If in peace the Assembly refused to take the 
direction of affairs it could not be supposed they would do so 
when war was imminent. Sir George Grey (20th May) did not 
think the resolutions precluded the Ministry from assuming 
responsibility. The Assembly would treat with generosity all 
assuming responsibility at such a crisis. " Ministers must allow 
some latitude of expression to the Governor at the present 
moment when life, property, wives, children all that men hold 
dear are in imminent peril over a large extent of country." 
He had hoped that the Ministers would have suggested some 
plea. As they had thrown the task upon him, and as he 
believed not a moment was to be lost, he would urge that to 
the administration of native affairs should be added the " control 
of militia and volunteers, of the local forces of every kind, of the 
funds voted for public purposes, of the Post Office ; in fact of 
nearly every Government establishment in the country. At the 
present instant, which he believes to be one of as great public 
peril as he has ever known, the Governor thinks that whoever 
is to govern the country should be armed with every power 
which the State confers on those who rule it." In such a crisis 
those powers should be increased. Men must rise equal to 
emergencies. " The Ministry can in a moment assume these 
powers; they virtually have them now. They are the con- 



128 NEW ZEALAND. 

stitutional depositories of them, and the Colonial Secretary 
(Mr. Domett) is the person upon whom properly the chief 
direction and responsibility should rest. If Ministers will not 
assume what the Governor believes to be their duty, and 
exercise these powers, and take that responsibility which goes 
hand in hand with power, then the Governor thinks they should 
under present circumstances relinquish them to him until the 
Assembly meets. The Governor thinks that Ministers will 
excuse him for pressing this advice upon them ; but his doing 
so at this critical time is a necessity of the position of responsi- 
bility in which the General Assembly and Ministers have, 
against his will, placed him." The Ministers then at Taranaki 
postponed till a more convenient season their reply to this 
appeal. They had to consult their colleagues in Auckland. It 
was impossible, Domett wrote, " to convey to his Excellency at 
that moment any expression of the opinion of Ministers as a 
body." But while avoiding what he called "the theoretical 
question of responsibility," he submitted to his colleagues a long 
minute (23rd May) on the crisis. It did not rise to the height 
of the argument ; and contains so little pith that hardly a 
passage can be quoted as significant. He recommended that a 
proper proportion of militia should be called into active service 
in the Northern Island. The Taranaki militia, 500 in number, 
cost 36,500 a year; and while the Otago gold-fields courted 
labourers, the militia pay (2s. 6d. per day with rations), could 
not be reduced, but perhaps would require augmentation : but 
the House of Representatives " had not voted one penny to meet 
the expenses attending a state of war." Active operations by 
the military were required to convince the Maoris that it was 
their interest to be at peace, but everybody said ^that many 
more troops than were in the colony would be required to secure 
"chance of success." It would be a bad example to abandon 
the Tataraimaka block, but if preservation of other settlements 
required the sacrifice, a bad example could not be helped. In 
such a manner did Mr. Domett rise to the emergency. Mr. 
Bell thought the force in the country insufficient for offensive 
operations, and the calling out of the militia useless. The 
Governor replied on the following day. Ministers appeared to 
think that the necessity to call out the militia and volunteers 



PLANS TO ATTACK THE MAORIS. 129 

depended on whether aggressive movements were to be made 
or a defensive position maintained. He could not concur in his 
opinion as regarded Auckland. An aggressive movement would 
probably create a general rising, and certain settlements ought 
to be made secure before making any aggressive movement. 
He submitted that it was needful, not to determine what should 
be done for the defence of the colony in event of a general 
rising, but forthwith to take such active measures as might 
probably prevent such rising, and place the colony in a thorough 
state of preparation, thus encouraging friends, disheartening 
enemies, and placing Europeans in security. He was bound to 
express this opinion, for he had asked for large reinforcements, 
and would find it difficult to justify his having done so unless 
the colony by corresponding efforts showed its sense of the 
impending danger. 

At a later date, in Auckland, after numerous conferences, the 
Ministry addressed themselves to the question which the rejec- 
tion by the Duke of Newcastle of the resolutions of the General 
Assembly had created. In ordinary times there would be but 
one course open, viz. to convene the Assembly. But imminent 
war gave no time for debates. Ministers could not attend to 
departmental duties and prepare measures for the Assembly in 
such a crisis. Waiving the permanent settlement of the principle 
of responsibility, Ministers would temporarily accept the follow- 
ing position. The Governor had recently told the Executive 
Council that the Taranaki question could not be settled while 
Waikato was the centre of disaffection, and Auckland was 
in danger of invasion ; that, by concert with the General, the 
Governor's attempt to arrange affairs at Taranaki was tentative ; 
and that, in case of interference by the Waikatos at Taranaki, 
Auckland was not to be jeopardized, but the forces were to 
return thither, and, after the Waikato tribes had been brought 
to terms, affairs at Taranaki were to be put in order. The 
Governor's plan was to make the southern bend of the Waikato 
river a line of defence, with military posts on the north bank 
and armed steamers on the water; to guard the line between 
the bend of the river and the Hauraki Gulf with fortified posts, 
and the Gulf by a steamer ; afterwards to throw forward military 
posts and occupy Paetai and Ngaruawahia, where another 

VOL. II. K 



130 NEW ZEALAND. 

steamer was to be stationed. Hostile natives residing within 
the line of defence were to be banished, lands of hostile Waikatos 
were to be confiscated, portions being given to military settlers, 
and the remainder sold to defray the expenses of the war. 
Militia and volunteers were everywhere to be called out, and 
confiscation was to follow hostility at other settlements. 

The minute (24th June, 1863) declared Ministers cordially 
concur in these plans of his Excellency, and they are willing to 
take upon themselves the responsibility for their adoption, on 
the understanding that they will be carried out as a whole, the 
colonial funds bearing all the expense of militia and volunteers. 
They thought notice should at once be given, that lands of 
natives taking arms against the Queen would be forfeited, and 
they anticipated the approval of the Assembly of the whole 
scheme. Sir George Grey pointed out that the Ministers had 
left untouched the general question of responsibility, and the 
relations of the Governor to his advisers. He forbore to press it 
at such a time, thanked them for their hearty co-operation, and 
hoped that the General Assembly would be called together as 
early as the public good permitted, in order that he might be 
legally invested with powers which he was temporarily forced 
to assume under heavy responsibility. These documents were 
laid before the Assembly on the 19th October, and, if translated 
for the Maoris, must have shown them that, while profess- 
ing peaceful desires, the Governor and his advisers were intent 
upon war. 

With the concurrence of his advisers, the Governor had applied 
in May for reinforcements. A general rising was apprehended. 
Though a battalion of the 18th Regiment was expected, 3000 
more soldiers were needed, and, in accordance with opinions of 
officers who had served in India, two regiments of Sikhs and one 
European regiment were asked for from India. The Ministry 
would propose that the colony should bear the cost of the whole 
of the pay of the Sikhs. Meantime, the Maoris were not idle. 
The curse of past delay weakened among them the effect of the 
renunciation of the Waitara purchase. A chief declared : " When 
Governor Grey heard his men were killed at Oakura, his heart 
misgave him, and he said, ' Now I must give up Waitara.' " l 

1 Such a conclusion was natural in the mind of uny one ignorant of the 



EUROPEANS EJECTED FROM WAIKATO. 131 

Governor Grey meanwhile laboured to prevent friendly tribes 
from falling from allegiance ; and Rewi and his friends stirred 
them by letters to contrary conduct. In Waikato there was 
confusion. All Europeans were compelled to leave. The Maori 
newspaper, the ' Hokioi/ had been discontinued. Rewi wished to 
make a descent upon Te la and the adjacent settlers. Te Paea 
the king's sister, Patara, and other chiefs, were able to prevent 
him. The king-maker and Te Oriori openly condemned him. 
The Ngatihaua and central Waikato tribes advocated peace. 
Some only, among the Lower Waikato tribes, joined Rewi in 
demanding war. The Ngatihaua eventually assembled in arms 
to enforce peace. On the west coast, between Taranaki and 
Wanganui, it was rumoured that the Maoris were hostile to the 
Government. Between Wanganui and Wellington they were 
friendly. Renata, a chief at Hawke's Bay on the east coast, 
said : " We can see clearly the error of our native tribes in 
slaying the Pakehas at Tataraimaka ; but, at the same time, we 
cannot lose sight of the error of the Governor in not making 
known his decision about Waitara at the proper time. Waitara 
was the source of evil. The root and source should have been 
made clear before following up the branches (Tataraimaka)." 
The tribes on the Thames and at Rotorua condemned the 
murders and sympathized with the Governor. The Ngapuhi, 
under old Waka Nene, were staunch as ever to their Queen. 
The Civil Commissioner, Mr. Clarke, reported that during forty 

correspondence between the Governor and his Ministers. Mr. Fitzgerald 
in the end of 1864, in published letters, upbraided Sir G. Grey for having 
taken no steps for eighteen months to redeem his promise to inquire into 
the affairs of the Waitara purchase. Sir G. Grey replied that from " the 
moment of my arrival in the colony I did my best ... to persuade the 
natives . . . but no persuasion on my part or that of others could induce 
them to agree to such an inquiry." But the inquiry on the spot, made by 
Lieutenant Bates, might have been made in 1861 as easily as in 1863, and 
a timely abandonment of a false position might have averted further trouble- 
AH to the resumption of Tataraimaka, Sir George Gray said he would under 
like circumstances " do it again," that Mr. Fitzgerald neither understood 
Englishmen nor barbarous men ; and that to have done otherwise would 
have encouraged barbarians to attempt the conquest of new homesteads 
the capture of more booty (Despatch, April, 1865). Sir George Grey is 
entitled to his explanation for what it is worth, but it entirely disregards 
the important element of time. 

K 2 



132 NEW ZEALAND. 

years' residence in New Zealand he had never known such 
a burst of loyalty and good will from the Ngapuhi as was 
manifested after the Taranaki murders. 

At four o'clock on the morning of the 4th of June, the 
Governor left Taranaki in H.M.S. ' Eclipse.' At nine o'clock on 
the night of the 3rd, General Cameron had marched by land to 
a concerted attack on the rebels at the Katikara river. The 
' Eclipse,' on her voyage, took part in the action. Protected by 
the fire from the ' Eclipse,' and of Armstrong guns served by the 
Royal Artillery, the men of the 57th, 65th, and 70th Regiments 
(the land force being 771 in number) crossed the river gallantly 
in spite of heavy fire from rifle-pits and redoubt. The General 
witnessed the desperate resistance of the enemy, and the rush of 
the soldiers as they entered the work and shot or bayoneted all 
the Maoris left within. Twenty-eight were found dead in the 
redoubt. The English loss was three killed and eight wounded. 
The flight was precipitate, and the ' Eclipse' threw shells on the 
fugitives as they ran. The General praised all the officers and 
civilians engaged, and could not refrain from mentioning Major 
Whitmore, his former Assistant Military Secretary, who had 
settled in the colony, but, happening to arrive at Taranaki the 
day before the action, insisted on accompanying the troops into 
the field. 

It was essential to ascertain how the Oakura massacre was 
regarded by the Maori king. Mr. Rogan, an officer of the 
Native Department, essayed the dangerous task of carrying a 
letter. After repeated stoppages he reached Ngaruawahia, 
where, though he did not see the king, he ascertained the 
opinions of others. The king-maker boldly declared that the 
Tataraimaka murders were wrong. Rewi said the deed was 
not murder, but the re-establishment of a righteous war. It was 
rumoured that there was vehement altercation between them. 
It was said that Rewi wished to attack the villages near Auck- 
land nay Auckland itself while the Governor and General 
Cameron were at Taranaki. But Rewi has averred that his 
advice was, that Sir George Grey should be met fairly if he 
respected the boundary at Maungatawhiri, and that if he crossed 
it he "should be met roughly." Mr. Gorst declares that the 
king-maker went down the river to visit Waata Kukutai, the 



APORO IMPRISONED IN AUCKLAND. 133 

Queen's magistrate, thinking the time had arrived for all who 
loved peace to combine to ensure it. "The members of the 
Government, however, in Auckland, did not like Te Waharoa. 
Few Europeans knew him personally, and it was the fashion to 
believe him insincere. No encouragement was on this occasion 
held out to him, nor were any negotiations entered into. He 
was left to struggle unaided against the flood of confusion which 
the acts of Government had let loose." Such was the verdict o 
an intelligent eye-witness, himself recently expelled by Rewi 
from Te Awamutu, and consequently free from unreasonable 
bias towards the Maoris. But amongst the colonists the rumours 
of a contemplated attack upon Auckland were revived. At 
Auckland there was such a sense of impending danger as is felt 
in the lull which precedes the bursting of a storm. The plans 
of the Governor and his advisers were not calculated to dispel 
alarm. With them, indeed, was the choice of good or evil. 
The Maori king was unpledged to violence, and Rewi was too 
astute to commit himself to war without support. Moreover, 
it was always the desire of a Maori to evade the responsibility 
of a quarrel until his antagonist had put himself in the wrong 
by some act which could be construed as a ta-ke, or just cause 
of war. 

Neri went to Auckland and talked to the Governor about the 
Maori king. The Governor told him that if he remained an 
hour in Auckland he should be put to gaol. Aporo, the ring- 
leader of the attack on the printing-press, went to Auckland on 
private business. He was arrested in the Native Office and 
committed on a charge of felony. Mr. Gorst, his former victim, 
tells the tale with shame. There was never, he says, any animus 
furandi, yet the Auckland jury, enemies of his tribe, hating him 
for his political opinions, found the undefended prisoner guilty, 
and he was sentenced to two years' imprisonment for theft. Mr. 
Gorst says : " It was expected, and I am sorry to say hoped, by 
many that either the dismissal of Neri or the seizure of Aporo 
would so enrage the Waikatos that they would attack us ; but 
they remained steady to their original resolution that the Pakeha 
should begin the war." He who was called savage did not allow 
himself to be provoked by the lawless acts of him who was called 
civilized. Many in Waikato had never approved the attack on 



134 NEW ZEALAND. 

Te Awamutu, and they declined to seem to justify it by making 
common cause with Aporo. But, prophetic in their thoughts, the 
Maoris removed to a more distant resting-place the bones of 
their ancestors, buried at Onehunga, near Auckland. Neverthe- 
less, on the 16th June, the wise and well-informed Archdeacon 
Maunsell, while sending Maori letters written in alarm, told the 
Governor that he had received indisputable information that at 
that date the Maori king and Te Waharoa were desirous of 
peace. On the 9th July the Governor called on all Maoris 
living in the Manukau district and thence to the Waikato 
frontier to swear allegiance to the Queen and to surrender their 
arms. Those obeying would be protected, those refusing were 
warned to retire beyond Maungatawhiri under pain of ejection 
if they did not comply with the Governor's orders. He justified 
this step by saying it was impossible to leave a disaffected 
population in rear of the General's forces. Mr. Gorst, Major 
Speedy, Mr. Armitage, and Mr. Halse were among the persons 
directed to seize fire-arms and to administer the oath of allegiance 
in all the Maori villages from Auckland to the Queen's Redoubt 
on the borders of the Waikato territory, where the Maori boundary 
existed. On the way to Mangere Mr. Halse met Tamati Ngapora, 
the king's councillor. After a friendly meal at a missionary's 
house, the Governor's hostile notice was read to the chief. He 
listened gravely and asked that it might be read a second time. 
After a short silence he said to the missionary : " Is the day of 
harvest close at hand ? " Yes. " Why were not the wrongs of 
Waikato first discussed ? " Mr. Halse said he could not discuss 
that question. Ngapora said : " If I have any influence there 
will be no fighting. I have dear friends amongst the Pakeha 
and amongst the Maoris. Why are they to be slain ? I will 
not cease to urge that there be investigation." He crossed the 
Manukau waters to his abode at Mangere. On the morning 
Mr. Halse followed him and read the Governor's notice to the 
Maoris assembled. One by one, after intervals of significant 
silence, they intimated that they chose exile rather than sub- 
mission to the Governor's demands. Ngapora reclined upon the 
ground. When the views of all the others had been made 
known he sat up and said : " Last night I made known the 
notice without attempting to influence the decision of the 



NGAPORA EXPELLED FROM MANGERE. 135 

people. You have now heard their words. I have nothing to 
add to what I said last night. We are one tribe and cannot be 
separated." He reclined again and there was general silence. 
Almost without exception the Maoris abandoned their homes in 
distrust. In the surprise which overwhelmed them they took 
some thought for the places which they held in veneration. 
When Mr. Halse, after distributing notices on his way, reached 
Pukahi, the chief Mohi had just gone with Bishop Selwyn to 
point out a burial-ground, and entrust it, with the native church, 
to the Bishop's care. When Mohi returned, Mr. Halse announced 
the object of his visit. " He asked for a copy of the notice. I 
gave him one and he read it aloud to the people present. 
Repeating the decision of his people to go to the Waikato he 
went into his house, where Bishop Selwyn was seated." Another 
chief, Ihaka, was ill, and the exiles paused at Kirikiri. Mr. Gorst 
considered that the decree of banishment was harshly enforced, 
and that much property was seized by the colonial forces and by 
the settlers. Bishop Selwyn, as usual, was active in doing good 
and restraining evil. At Kirikiri Mr. Gorst, in company with 
Bell, saw Mohi and the ailing Ihaka. Mohi declared that he 
had ever been opposed to Rewi's warlike projects, but that as the 
Governor had passed the Rubicon (Maungatawhiri), he must join 
his people and live or die with them. That night peremptory 
instructions arrived from Auckland, under which Ihaka and the 
infirm, with women and children, were seized. In some manner, 
never explained, Mohi with the able-bodied joined his brethren 
in arms. Sir George Grey informed the Assembly that he 
believed Ihaka to be deeply involved in a scheme to attack 
Auckland. 

Tamati Ngapora's retirement was dramatic. He was con- 
ducting the service at Mangere in his Maori church when word 
was brought that left no doubt as to the danger of remaining 
within the Governor's reach. Gravely and silently he put dowa 
his book, and when he gained the outer air swiftly shook the 
dust of Mangere from his feet and with his people flitted to 
Waikato. He was too wary to remain within reach of the 
captor of Rauparaha. His Maori book was found in the church 
where he left it, and a thoughtful Pakeha secured it with the 
hope that it might in happier days revert to its owner. The 



136 NEW ZEALAND. 

hope was gratified after many years. Mr. Armitage, who went 
to Tuakau to serve the notices, was an old resident at Waikato." 
One chief professed willingness to take the oath of allegiance, 
but another by threats prevented Armitage from administering 
it. Armitage wrote : " I have sent notices to several king 
natives at the Onewhero and Takihakahi to leave that part of 
the river, I have done so for my own personal safety in passing 
to and fro between the la and Cameron." 

On the loth July another notification, under the Governor's 
hand, appeared at Auckland, after the General had entered upon 
active war by crossing the recognized boundary. It imputed a 
desire for war to the Maoris. It declared that " for the protection 
of all " military posts will be established at Waikato. " I now 
call on all well-disposed natives to aid the Lieutenant-General 
to establish and maintain these posts and to preserve peace and 
order. Those who remain peaceably at their own villages in 
Waikato, or move into such districts as may be pointed out by 
the Government, will be protected in their persons, property, 
and land. Those who wage war against Her Majesty, or remain 
in arms, threatening the lives of her peaceable subjects, must 
take the consequences of their acts, and they must understand 
that they will forfeit the right to the possession of their lands 
guaranteed to them by the treaty of Waitangi, which lands will 
be occupied by a population capable of protecting for the future 
the quiet and unoffending from the violence with which they 
are now so constantly threatened." Dated the llth July, and 
carried in Maori language to various places, the notification 
emanated from the Colonial Secretary's Office on the 15th. The 
Governor's averments could not disguise the fact that he and 
not the Maoris had committed acts of violence. The threat of 
confiscation of land supplied the reason. The king-maker wrote 
to ask the Governor why he had not followed the Maori example. 
All the Europeans in Waikato had been sent away in safety 
with all their property. " Why has the property of the Maoris 
been plundered ? and why have Ihaka and the women and 
children been taken prisoners ? " Before his letter was received 
blood had been shed. 

After the known decisions of the Maori king's council about 
the Waikato district, the crossing of the Maungatawhiri and the 



CROSSING OF THE MAUNG ATA WHIRL 137 

notification of the Governor were accepted as a declaration of war. 
On the 12th July, General Cameron crossed the Maungatawhiri 
with 380 men ; encamped at Koheroa, and commenced building 
a redoubt to command the river and secure his communications. 
The cutter of H.M.S. ' Harrier ' and other boats had been carried 
overland to assist in descending the Maungatawhiri from the 
termination of the new road. About 30 Maori canoes were 
destroyed on the assumption that war had begun. The Bishop 
and the good Archdeacon Maunsell volunteered to minister the 
offices of religion to the army, and were permitted to do so. 
They hoped to mitigate the horrors of war, and to extend their 
ministrations to the Maoris. Mr. Meredith and his son, settlers 
near Drury, were found dead, and no one doubted that the 
Maoris had killed them on the 15th July. Gloom if not panic 
overshadowed Auckland and the rural settlers. On the 16th, 
Colonel Murray proceeded at daylight to arrest as many Maoris 
as he could. He captured thirteen men, seven women, and eight 
children near Drury, but the main body of the villagers escaped. 
The conduct of the troops under heavy rain elicited the admiration 
of the Colonel commanding. On the 17th the officer in com- 
mand at Koheroa observed the Maoris collecting on hills in front. 
Detachments of the 12th, 14th, and 70th, in all 500 men, at 
once proceeded in skirmishing order to the attack. Firing on 
both sides ensued, and from recently-constructed rifle-pits the 
natives were driven in spite of great obstinacy, until finally they 
escaped across the Maramarua river by swimming or in canoes. 
General Cameron, who was in front, thought the Maoris engaged 
to be 300. More than twenty were found dead. About twelve of 
the 14th Regiment were wounded, half of them dangerously. 
On the same day Captain Ring, marching with a convoy from 
the Queen's Redoubt at Maungatawhiri to Drury, was fired upon. 
Four soldiers were killed and ten wounded before the remnant 
of the party could find shelter at the house of one Mr. Martyn, 
till reinforcements arrived. Some of the enemy were seen to fall. 
The simultaneous movements in front and rear of the General 
were received as proof that a raid upon Auckland had been 
maturely planned by the Maoris. They also showed that ambush 
and sudden surprise were tactics relied upon. There was more 
skirmishing on the 22nd. Captain Ring reported : " I lost one 



138 NEW ZEALAND. 

man killed, whose rifle and bayonet were taken possession of by 
the natives, though not without serious loss to them. ... I 
remained in the entrenched position till close on sunset, keeping 
a steady fire on the enemy, who were endeavouring to obtain 
the body and ammunition of the private who was killed." Rein- 
forcements arrived, the Maoris drew off, and the body of their 
dead comrade was recovered by the English. 

Wisely had the Maori king's friends decided that no steamer 
should ply on the waters of the Waikato. With equal wisdom 
had Governor Grey determined otherwise. Captain J. C. Mayne, 
of H.M.S. 'Eclipse,' took the 'Avon' steamer in tow at Onehunga, 
on the 16th July, and after some days' detention at the Manukau 
bar crossed the Waikato bar with the ' Avon ' on the 25th ; and 
on the 27th, after various groundings, anchored her at the Bluff, 
near the junction of the Waikato and Maungatawhiri. Every- 
thing had thus been done which the Waikato tribes had opposed. 
Maoris had been driven from their pillaged homes. The Waikato 
frontier had been crossed. A war-steamer had been placed on 
the river. Not to fight would have been an abject acceptance 
of slavery, if not of reputation as cowards. The genius of the 
Maori race was abhorrent of both conditions. Better death with 
honour than peace with shame. It was reported and believed 
that among the Maoris who fell at Koheroa were many who were 
loyal to the Queen until her forces passed the Maungatawhiri. 
They then said : " Injustice is being done, and we must cast in 
our lot with our countrymen." Again, therefore, as at Taranaki, 
an overt act of violence in the name of the Queen provoked 
war, and Sir George Grey and his advisers deserve the credit or 
the shame. 

And now the long-suffering of the king-maker was exhausted. 
He, too, yielded to the national feeling, and announced his 
intentions to his old friend, Archdeacon Brown, on the 25th July : 

" Salutations. Friend, hearken. The reasons were many that 
induced me to consent to view the work between the Waikato 
and the Governor. This is a word of mine to let you know my 
views. I shall spare neither unarmed people nor property. Do 
not suppose that the Waikatos are wrong and the Governor right. 
No ; I consider that he is wrong. The faults that I have seen 
are 1st, I said to him, Leave these years to me, do not go to 



WAHAROA DRIVEN TO WAR. 139 

Tataraimaka; leave me to talk to the Ngatiruanui ; do not persist, 
that tribe is still hostile. It was Governor Browne who taught 
them. That hot-tempered Governor said that all the land over 
which he had trod should be his, *. e. Waitara. The Taranakis 
then said with regard to Tataraimaka, Very good ; and we also 
will hold the land over which our feet have trod. Governor Grey, 
however, did not agree to my proposal. 2nd, The Governor 
persisting in Mr. Gorst staying as a magistrate in the midst of 
the Maoris. I said to Mr. Gorst, Go back, the Maoris do not 
want you. But the Governor still persisted in sending Mr. 
Gorst. Now it appears that it was for the purpose of provoking 
a war that he persisted. 3rd, The taking up of the post at 
Maungatavvhiri. 4th, The unwarrantable conduct of the soldiers 
in driving the Maoris off their own land at Pokeno. 5th, The 
' ma-te ' (defeat or) death of the Waikatos you have heard and 
know. The law discriminates in cases of crime and does not 
include the many. These are the wrongs that I have seen. 
Father, listen. I have consented to attack the whole of the 
town. If they prove the strongest well and good. If the Maoris 
prove the strongest this is how it will be the unarmed people 
will not be left. Enough, you hear what I say. 
" From your son, 

TAMIHANA TE WAHAROA." 



The Governor transmitted this warning to the Duke of 
Newcastle, who was " shocked and disappointed " by it. Had 
he been sufficiently shocked at the crime of his own countrymen 
at Waitara he would not have needed to blush for Te Waharoa. 
Archdeacon Browne explained that the threat of sparing neither 
unarmed people nor property was not to be taken literally, and 
Te Waharoa's subsequent career justified the explanation. The 
officer in command at Wanganui forwarded letters to show that 
on the 17th July the Waikato had provided for simultaneous 
attacks on Taranaki and Te Kahakaha, and that onslaughts on 
Wellington and Napier had been ordered. Rumour was multi- 
plied upon rumour. Under these dangers the inhabitants at 
Auckland bestirred themselves to the Governor's satisfaction. 
On the 1st August he reported that about 3000 were under 
arms and in active service. 

The Government promptly removed all doubt whether they 
intended to respect the treaty of Waitangi. The ' Gazette ' of 
the 5th August promulgated conditions on which land in the 
Waikato country, never purchased under the provisions of the 



140 NEW ZEALAND. 

treaty, would be granted to volunteer militia, and military settle- 
ments would be formed on confiscated land. The Attorney- 
General, Whi taker, 1 who had been Richmond's partner in seizing 
the small Waitara block, could now gloat with satisfaction on 
the prospect of confiscating a whole territory with the help of 
Sir George Grey ; and thus, in Mr. Richmond's phrase, acceler- 
ating the extinction of the native title. The Governor justified 
his conduct as necessary to convince other tribes that they 
could not escape that punishment which their love of their 
land would make them feel. It was reserved for a Secretary 
of State, Mr. Card well, to recommend the far more just and 
effective alternative of cession rather than confiscation. It 
ought to have been clear to any honest man that joint tribal 
rights could not be forfeited by the act of a few, or even of 
many. But plunder was required. There were gathered in 
the Middle Island thousands of gold-miners, a restless and 
unsettled class. Many of them, the Ministers thought, "were 
tired of the digger's life, and only required inducement of liberal 
terms to settle in the Northern Island." Thus an eager band 
of fighting men might be found. The Maori love of ancestral 
homes and the earth-hunger of a Teutonic horde might be 
fastened intensely on the same spot. The wild animal of the 
forest and the European trained hound might quarrel over the 
same bone. Vce victis ! Scrambling for the " damned earth, 
the common whore of mankind, that puts odds among the 
rout of nations," the Pakeha already outnumbered the Maori, 
and the end was certain. Forty thousand men, presumably fit 
to fight, had poured into Otago from England and Australia in 
two years. From them what an army might be made ! The 
Maori would vainly strive to put 1000 men into the field. To 
people the Waikato district the Ministry proposed to raise in 
Australia and Otago 5000 men fit for the work of settling upon 
and holding the confiscated lands. After thus seizing upon 
Waikato, a similar plan would be adopted at Taranaki. Their 
advice was dated on the 31st July, and on the 3rd August the 

1 Mr. Gillies, the first Attorney in the Domett Ministry, was succeeded 
by Mr. Sewell after a few days. Sewell held office from August, 1863, to 
the end of the year, und then Whituker, not in the Cabinet, became 
Attorney-General. 



MR. WELD AT CHRISTCHURCH. 141 

Governor promulgated regulations under which land in the 
Waikato district would be granted to volunteer militia settlers. 
In graduated scale, lands were granted according to rank ; a 
private having 50 acres of farm, and one allotment of town land. 
Each settlement was to comprise 100 town and 100 farm allot- 
ments. There were stipulations for continuous service for three 
years, after which ordinary militia service was to be exacted 
from the new corps. Separate regulations invited military and 
naval settlers, and settlers generally. Agents were to be sent 
to Australia to enrol volunteers under agreement. Meanwhile 
some colonists were not content to rely wholly on the Govern- 
ment. On the publication of the Duke of Newcastle's despatch, 
which caused so much discussion between the Governor and his 
advisers, a public meeting was held at Christchurch in August, 
1863, to consider the state of the Northern Island. Mr. Fitz- 
gerald moved a resolution in favour of an immediate meeting of 
the General Assembly. Mr. Weld, confessing the difficulty of 
speaking after a man who had " earned by common consent the 
title of the orator of New Zealand," moved an amendment. He 
denounced Governor Fitzroy for having almost fraternized with 
the red-handed murderers of the Wairau, and for incompetency 
at Kororarika. He had no praise for Sir George Grey except 
for the "establishment of native assessors." Under Colonel 
Wynyard he declared that the " degradation of the Government 
went still lower." Colonel Browne was the " first Governor who 
ever took the stand which should have been taken from the 
beginning." Loud cheers greeted this melancholy mistake, and 
the speaker proceeded to denounce Te Rangitake in the popular 
manner. "Led by a man like General Cameron," the troops, 
volunteers, and militia, would " never be foiled." He advocated 
confiscation of lands of insurgents. His amendments were ap- 
proved, and it was resolved : "That regard being had to the failure 
of the recent temporizing policy . . . the urgency of the present 
crisis in the Northern Island will warrant the Government, 
pending the meeting of the General Assembly as may be neces- 
sary, to ensure a speedy and decisive termination of the native 
war, and obtain material guarantees for the future maintenance 
of order amongst the insurgent tribes." The material guaran- 
tees were to be found in confiscation of land, but Mr. Weld 



142 NEW ZEALAND. 

disclaimed such sweeping seizures as would render the chiefs 
utterly landless. Mr. E. J. Wakefield, who had left the colony 
during Fitzroy's Government, was at the Christchurch meeting, 
and as might have been expected urged the " absolute extinction 
of the native rebellion." Not finding his views sufficiently 
promulgated he printed a pampnlet which could scarcely receive 
less attention than it deserved. 

While the English were invading, and preparing for confisca- 
tion of, the land of the Maoris, the latter were not idle. The 
tocsin sent to the tribes was an ancient war-song; the same 
with which the Waikato chiefs had urged the Taranaki natives 
to action. 

."Red plume, red plume, 

Plume of the kaka ! 

Rehearse it a Kawhia. 

Cartridge, one, three, four, Matamata I 

Lay hold, and bring the strong 

Eight-stranded cord 

That cannot be unfastened. 

Grasp firm your weapons 1 

Strike ! Fire ! " 

Transmitting it to England on the 31st August, the Governor 
said there was proof that it had been widely circulated from 
Wellington northwards throughout the tribes. With it a letter 
urged them, now that " The law of God was completed and the 
law of man to be done, to clear out their yard and the Waikatos 
would clear out theirs (i. e. you clear off the Pakehas from your 
part, and we will clear them from ours "). 

At Waikanae and at Otaki, Dr. Featherston, Superintendent 
of the province of Wellington, met the Maoris at their request. 
He was notable for having opposed in the Assembly the grasping 
policy of Mr. C. W. Richmond at Waitara, and could claim to 
be heard as a well-wisher to the natives. He dissuaded them 
from making common cause with Rewi, whom he accused of 
instigating the Tataraimaka murders. They admitted having 
received a letter from the Maori king urging them to take up 
arms. They condemned the Tataraimaka murders, but would 
not repudiate their king. If the militia were kept away from 
their districts there would be no disturbance. But they looked 
with suspicion on the Governor's movements as a prelude to 



WAR PREPARATIONS. 143 

confiscation of lands. Let troops be kept away. They thanked 
Dr. Featherston for his visit, and some of them supplied him 
with reports of their speeches. Heremia said : " If the Governor 
attacks our king, we shall be evil ; don't say this is a murder." 

The Duke of Newcastle's response to the application for more 
soldiers was anxiously looked for. Meanwhile the local forces 
were industriously organized. In October Auckland was deemed 
safe. Trees near the great military road were cut down. The 
available local forces exceeded 3000. At Wellington and Waira- 
rapa there were 777 militia and 419 volunteers. At Hawke's 
Bay, under Major Whitmore, commander of the local forces in 
the province, there were 600 militia, 71 rifle volunteers, 79 
cavalry. At Taranaki the whole male population was armed : 
605 militia, 214 volunteers. At Wanganui, of a total force of 
552, 321 were rifle volunteers. The total in the Northern 
Island consisted of 9629 armed militia and volunteers, including 
375 men of the Colonial Defence Force. The flotilla consisted 
of the ' Avon ' on the Waikato, the ' Pioneer ' in Manukau, and the 
' Sandfly ' on the Thames. Two smaller steamers were being 
built in Sydney. Mr. Russell, the Minister for Colonial Defence, 
was warmly commended by the Governor for his services. De- 
sultory warfare continued in August and September. General 
Cameron reported (15th August) that the Maoris were collecting 
in considerable force at Mere-mere' on the right bank of the 
Waikato river. Farm-houses were attacked between Auckland 
and Maungatawhiri, where the Hunua forest afforded shelter 
for the prowling Maoris. Waata Kukutai and Wiremu te 
Wheoro were found most valuable allies to the General. On 
the 25th August, 25 men of the 40th regiment were engaged 
in cutting down trees on the Great South Road. Their 
arms were piled by the road-side under charge of a sentry. 
Suddenly Maoris dashed to the arms, seized them and com- 
menced firing at the soldiers. A convoy was approaching under 
Captain Cook of the 40th regiment, and its advance-guard 
immediately engaged the marauders. As the main body arrived 
and other help was sent from posts along the road, the Maoris, 
after more than an hours' skirmishing, were lost in the woods. 
Two soldiers had been shot before relief arrived ; only one was 
wounded afterwards. The enemy secured the arms they had 



144 NEW ZEALAND. 

seized, but they left one of their number dead. On the 7th 
September, the volunteers desecrated a native burial-ground at 
Papakura. Bodies which had been buried long before the war 
were exhumed for contumely, and graves were rifled in search 
of green-stone relics. 1 On the 8th September, Maoris surrounded 
the Razorback stockade in the Hunua forest, and skirmishing 
ensued. On the 7th, they surprised a pah at Cameron Town, 
and captured stores awaiting transport to Te la. Captain Swift 
with 50 men started in pursuit, and General Cameron sent 150 
under Colonel Murray to support him. After marching some 
miles Captain Swift's party heard Maoris talking in the bush, 
and prepared an ambuscade for them by extending on both sides 
of the track. As the Maoris did not move, bayonets were fixed 
and the soldiers advanced. At a turn in the track they were 
met by a volley in which Captain Swift fell. Lieutenant Butler 
asked the wounded officer if he should charge. He said, yes; 
and in the charge Lieutenant Butler fell, wounded. Colour- 
Sergeant McKenna took charge, and firing was kept up for an 
hour. Three English were killed and five wounded before the 
sergeant made good his retreat into the bush, where the men 
lay concealed during the night. In the morning as they made 
their way back they met Colonel Murray and his men. Captain 
Swift had died in the evening. Sergeant McKenna's coolness 
and courage were duly commended by the General. Mr. Armi- 
tage, the resident magistrate, who had expelled Maoris from 
their homes in July, was killed, with four others, on the 7th 
September, while transporting supplies. On the 14th the 
Pukekohe stockade was attacked. Aid was sent from other 
posts, and the Maoris were driven off; but two English were 
killed and five severely wounded. In all these cases the 
numbers of the Maoris were unknown. At Pukekohe they left 
six dead on the field. The Maori leaders were evidently adapt- 
ing their warfare to the peculiar qualities of their countrymen, 
and the nature of their weapons. To dart like a bat from the 

1 "The act is a disgrace to our cause ... if it be not publicly censured 
by the authorities the Government of New Zealand will be irretrievably 
disgraced. If the natives had thus desecrated one of our burial-grounds I 
The bodies were not even the bodies of enemies " (MS. by Swainson, the 
first Attorney-General). 



REGIMENTS ENROLLED IN AUSTRALIA. 145 

darkness on the unprepared, and disappear as suddenly, suited 
them better than to gather hundreds to defend a fortified 
position. The fighting was not confined to the Auckland dis- 
trict. At Taranaki, in September and October, there were 
numerous skirmishes. On the 2nd October the Maoris attacked 
the Poutoko Redoubt, a few miles south of Taranaki. Colonel 
Warre reported that they were in great strength, but were 
driven back gallantly by the soldiers and volunteers, 300 in 
number. Nine English were wounded. One action took place 
of which the importance was hardly known at the time. Major 
Lyon commanded at the Galloway Redoubt at the Wairoa river, 
which runs into the Tamaki Strait, about 20 miles from Auck- 
land, and was therefore in the General's rear. The Maoris 
opened fire upon the stockade on the 15th September with 
slight effect. An attack upon a Maori settlement was made on 
the 17th. Across the stream at early dawn a detachment of 
the 18th Regiment poured concentrated fire upon the whares. 
They did not know that within them was a band of Maoris, who 
had come to join the fighting ; and who, under the volleys 
poured upon the huts, fell like sheep. The troops, unable to 
cross the stream, withdrew, unconscious of what they had 
done. Major Lyon, who made a circuit by a bridge, found the 
settlement deserted. "The whares," he said, "were riddled 
with shot, blood in profusion both inside and out. They were 
unmistakably taken by surprise." In after years a Maori who 
was present told how extensive was the slaughter unwittingly 
inflicted by the 18th, who exercised themselves in firing at the 
huts without knowing how they were occupied. As the wounded 
and dead were carried away before Major Lyon reached the 
spot, Otau, he also was ignorant of the severity of the blow 
inflicted. 

Mr. Fox, in his ' War in New Zealand,' censured the Governor 
and the General for not promptly following up the Koheroa 
success. From July to October no forward movement was 
made. But men were being enrolled in Australia. Mr. Gorst 
went to Sydney with Mr. Dillon Bell, the Native Minister, 
to assist in raising the Waikato regiments ; and troops were 
expected from India. It was not until October that the 
Governor's measures received approval either from the Secretary 

VOL. II. L 



146 NEW ZEALAND. 

of State or from the New Zealand Assembly. The request for 
troops was complied with in England. Sikhs were not shipped, 
but two European regiments were ordered from India. The 
Duke of Newcastle was loth to acknowledge that he had sanc- 
tioned an injustice at Waitara in 1860, and elaborately contended 
that no wrong was intended or done to Te Rangitake by employ- 
ment of the military to enforce the survey. Yet he admitted 
that the new facts brought to light by Grey were strange, and 
thought (as Dillon Bell had said) that if Colonel Browne and 
his Ministers had known those facts they would not have made 
the purchase, which in the Duke's opinion would then have 
been unjustifiable. He did not blame Sir George Grey for the 
delay in abandoning the purchase, though it would have been 
better if its abandonment had been simultaneous with the reoccu- 
pation of Tataraimaka. He thought the Governor right in not 
shrinking from the abandonment of the block after the massacre 
at Tataraimaka. He accepted the present revelations as con- 
firming the doubts he expressed in November, 1860, as to the 
propriety of forcibly setting aside Te Rangitake' s claims. He 
did not recall the fact that in spite of his doubts he told Colonel 
Browne, in the same despatch, that the chiefs disloyal conduct 
had left no alternative but an appeal to arms. On the whole, 
he seemed more ready to upbraid Governor Grey for doing right 
than Governor Browne for doing wrong. Sir George Grey com- 
municated the despatch to his advisers, who (it was alleged by 
inadvertence) printed it, without consulting him, and gave 
copies to members of the Assembly then in session (October, 
1863). He sent to England a careful memorandum in support 
of his views, citing numerous Maori letters. "I regret," he 
added, "that several misunderstandings connected with the 
whole of this subject have arisen from the difficulty of the 
natives making themselves thoroughly understood by foreign 
authorities, from the figurative nature of their language, from 
the few persons who understand it well, and from the consequent 
misinterpretations, omissions, or misprints, which from time to 
time take place in even the most important documents. I am 
well aware how great a difficulty and disadvantage your Grace 
must labour under from this cause alone." l It was not likely 
1 AB an instance he quoted a document, printed for tlie General Assembly 



GENEKAL ASSEMBLY. 147 

that the enemies of Te Rangitake would be slow to avail them- 
selves of the Duke's despatch, and in the course of the session 
there was a passage of arms between them and the Governor. 
The General Assembly met on the 19th October, 1863. The 
Governor told them that from England and from the Australian 
colonies prompt aid had been promised and given. The admir- 
able manner in which the colonial forces had encountered danger 
and hardship was duly commented on ; and the Assembly was 
recommended to accept the responsibility for native affairs 
placed upon it by Her Majesty's decision. This recommenda- 
tion the Representatives ambiguously " received with an anxious 
desire to settle the question on a satisfactory basis." 

and sent to England, in which the natives were made to speak of their 
desire " to retain possession of the law handed down to them from their 
ancestors and father." On referring to the Maori original Sir George Grey 
found that the word " land, 1 ' not " law," had been used. 



I 2 



148 



CHAPTER XII. 

STATE OF THE MAORIS. 

THE early history of New Zealand is a story of the relations 
between the Maoris and the English. They form the current 
which carried with it the hopes and the fears of the visitors, 
the suspicions and resentment of the tribes. A faithful nar- 
rative, in order to depict the fortunes of the colony, must 
busy itself mainly with the administration of native affairs. 
On the eve of the struggle provoked so often and so long by 
the cupidity of a section of the English, and courted by the 
wilder and more savage among the Maoris it is good to ascer- 
tain the relative forces which could be brought into the field. 
Though the Maoris were outnumbered by the invaders of their soil 
they claim first notice. In 1858 they were estimated at 56,049, 
of whom 31,667 were males and 24,303 were females. In the 
North Island there were nearly 30,000 males and nearly 23,000 
females. The total Maori population in the Middle Island was 
2283, in Stewart's Island and Ruapuke 200, at the Chatham 
Islands 510. In 1864 the number was known to be much 
diminished. Dr. Thomson, the historian of 1859, had after 
careful inquiry on the spot added his mournful testimony to 
the rapid decrease of the Maoris. Inattention to the sick ; 
infanticide ; sterility ; new habits ; new diseases ; intermarriage 
with relations were the causes he assigned. All but the first 
and second had fallen upon the race after their intercourse 
with the Europeans. Four thousand were victims to the out- 
break of measles in the North Island in 1854. The musket 
was supposed to have destroyed 20,000 lives in tribal wars. 
After contact with Europeans a practice of steeping decaying 
grain, and making it apparently fit for food, was believed by 
many persons to have been fatal to thousands. Dr. Thomson 



STATE OF THE MAORIS. 149 

attributed the decay of the race principally to marriage of blood- 
connections. Yet about a score of generations after colonizing 
the islands with 1000 souls, the Maoris had multiplied to more 
than 100,000, and it was after intrusion of foreigners that in 
twenty years they declined from that number to less than 60,000. 
Mr. Maning assigns a more potent cause for a decrease so sudden 
as to outrun all possible rate attainable by reason of intermar- 
riage of blood-connections. He observed that a second plague 
followed the use of the musket, and swept away more victims 
than the first. The ancient weapons were powerless against the 
inmates of pahs built on precipitous hill-tops ; and in selecting 
safe situations, the Maoris had chosen healthy ones. Day and 
night free air coursed over habitations placed beyond reach of 
exhalations from marshes. Troops of the dwellers therein de- 
scended to their cultivation fields, with club or spear in one 
hand, and an agricultural implement in the other. The women 
followed. In the evening the women led the way home, and the 
men kept that which was the post of danger in case of attack. 

When the crops were growing the tribe or hapu would often 
wander to some fortified elevation near a river or sea, and obtain 
variety of food by fishing. Their growing crops were deemed 
safe even from enemies. When the musket became the princi- 
pal weapon a change came over the scene. To avoid the toil 
and loss of time incurred in the long procession from hill-top 
to field, and the carrying of fuel, provisions and water, the 
Maoris, relying on their new weapon, transferred their " whares " 
or abodes from the airy eminence to the damp fields below. 
They built their oven-like houses in mere swamps, spongy even 
in summer-time. With rushes rotting underneath them; in 
low dens, heated like ovens at night and dripping with damp in 
the day, drinking noxious exhalations in unventilated artificial 
caves, they were cut off in thousands. They would take no 
advice. They could not see the devouring enemy, and would 
not believe Europeans who warned them. 

" Twenty years ago, a hapu, in number just forty persons, 
removed their ' kainga ' (village or head-quarters) from a dry 
healthy position to the edge of a ' raupo ' (bulrush) swamp. I 
happened to be at the place a short time after the removal, and 
with me there was a medical gentleman who was travelling 



150 NEW ZEALAND. 

through the country. In creeping into one of the houses, the 
chiefs, through the low door, I was obliged to put both my 
hands to the ground ; they both sank into the swampy soil, 
making holes which immediately filled with .water. The chief 
and his family were lying on the ground on rushes, and a fire 
was burning, which made the little den, not in the highest place 
more than five feet high, feel like an oven. I called the 
attention of my friend to the state of this place called a ' house.' 
He merely said, ' Men cannot live here.' Eight years from that 
day the whole hapu were extinct, but, as I remember, two 
persons were shot for bewitching them and causing their 
deaths." l The drinking of ardent spirits, the bane of European 
countries, claimed its victims. The king-maker and his friends 
endeavoured to bar the poison from their territories, but the 
dissolute and debauched evaded the prohibition. Europeans 
did not always assist Waharoa's efforts. Bishop Selwyn confessed 
the shame with which he sometimes saw the demoralizing effect 
of remitting the chivalrous chief to scenes and company likely 
to lead to his ruin. It was not possible that an imaginative and 
thoughtful race should see these things without despair. It 
was natural that a daring race should say " Rather let us die in 
battle for our country than pine away, the slaves of the Pakeha." 
Proud also and boastful, admitted by speakers in the Assem- 
bly to have been undefeated if not successful in the Taranaki 
war they might in some cases be fooled by the idea that they 
could drive the Pakeha into the sea, in spite of their having 
only fowling-pieces or muskets to oppose to rifles, rockets, Arm- 
strong guns, and powerful mortars, and of ammunition being 
difficult to procure for the weapons they possessed. The super- 
stition which doomed sorcerers to destruction because the 
dwellers in a marsh had died, was prompted to some deed of 
daring before the swarms of immigrating Englishmen might 
make all daring vain. But the English were already swarming. 
The early massacre at Wairau and the failure of the company's 
schemes had arrested immigration in old time ; but it had been 
resumed. It is difficult even for misgovernment to arrest the 
material advancement of a young community. The resolution of 
the individual Englishman, who, though he grumbles with or 
1 'Old New Zealand.' 



STATE OF THE COLONISTS. 151 

without cause, yet works to make himself a home, had con- 
quered natural obstacles; and farms, agricultural and pastoral, 
had been pushed by slow degrees farther and farther from the 
several provincial capitals. Taranaki was an exception. In a 
memorial (April, 1863) the settlers bitterly complained that after 
1844 no more than 70,000 acres had been secured by purchase. 
Even from these they had been driven; and the settlement 
was, in the Assembly and elsewhere, spoken of as for the time 
destroyed. But at the Middle Island the tide of immigration had 
been such that in 1863 more English stood on Maori land than 
there had ever been Maoris. On the 31st December, 1860, the 
whites were estimated at 83,919 in the islands. In December, 1861, 
they were deemed to be 99,021. In December, 1862, there were 
125,812. In December, 1863, there were 164,048. And stiU the 
yellow slave of commerce drew shoals of gold-seekers to Otago. 

In June, 1861, after various minor discoveries, the first 
redundant gold-field had been found by one Gabriel Read at 
Tuapeka. The first escort from " Gabriel's Gulley," as the 
thronging miners christened the place, took away 5056 ounces 
of gold. Not only from the Northern Island and other parts 
of New Zealand crowds rushed to the spot. The Australian 
colonies caught the infection ; the restless element at the 
populous gold-fields in Victoria cast itself loose from a soil to 
which it had never intended to attach itself, and exhausted all 
available means of procuring conveyance to Otago. For a short 
time it seemed that the adventurers had been drawn thither by 
a will-o'-the-wisp. They were too numerous for the known 
gold-bearing situations. The weather was colder than any they 
had encountered in Australia. A panic disturbed them and 
they began to fly. The Superintendent of the province issued 
a proclamation in September, 1861, warning intending miners 
not to make matters worse by rash immigration. In midwinter 
(July) there had been a retreat so rapid that only 7000 persons 
were supposed to be left at the mines. More than 16,000 
returned to Australia. At the end of that month two men 
produced, in Dunedin, 1047 ounces of gold, and offered to 
divulge the spot where they had found this treasure if the 
Government would guarantee them a reward of 2000 if within 
three months 16,000 ounces should be brought down by the 



152 NEW ZEALAND. 

escort. The bargain was made ; and the Dunstan Gold Fields 
on the Clutha river were no sooner made known than the 
vagrant crowd returned. Before the end of the year 70,000 
ounces of gold were obtained from the neighbourhood of the 
Clutha river. More fields were found at the valley of the 
Cardrona, and in the gorges of the Arrow river. At the Shot- 
over river some miners were found at work by a Maori, Haeroa, 
and a half-caste, natives of the North Island. On the west 
bank of the river was a point which the miners yearned to 
examine ; but they shrunk from the foaming torrent between. 
The Maoris plunged in and reached the coveted shore. A dog 
which attempted to follow them was swept to a rocky point 
below. One of them went to assist the dog, and observed gold 
in the crevices of the rocks. Before nightfall the two swimmers 
had scraped together 300 ounces of gold. The small province 
of Southland, under influences which had magnified Otago, 
increased its population from 1876 in 1861, to 8085 in 1864. 
In the Middle Island, which thus opened its maw to receive 
the coming thousands, there was no risk of Maori attacks. 
Never in that island, except at the Wairau in 1843, had there 
been collision between the two races ; and the Maori champions 
then were Rauparaha and Rangihaeata, whose ordinary resid- 
ences were in the North Island. The fertile plains of which 
the New Zealand Company had endeavoured to rob them with 
the policeman's staff was now the rich possession of a new pro- 
vince Marlborough carved in 1859 out of the original pro- 
vince of Nelson. The population of Marlborough had risen 
from 2299 in 1861, to 5519 in 1864. At Nelson, after the loss 
of Marlborough, the Europeans had increased from 9952 in 
1861, to 11,910 in 1864. In Canterbury progress had been 
steady. The population had risen from 8967 in 1858, to 32,276 
in 1864. At Wellington in the same period it had advanced 
from 11,753 to 14,987. Hawke's Bay in the same time had 
grown from 1514 to 3770. About 4000 Europeans were cooped 
up in Taranaki. Auckland, the capital, had steadily advanced. 
Though not so populous as the gold-producing Otago, its num- 
bers had increased from 24,420 in 1861, to 42,132 in 1864. 
Everywhere except at Taranaki enclosures and agriculture had 
rapidly increased. The total of acres enclosed was 409,763 in 



GIBBON WAKEFIELD'S DEATH. 153 

1861, and in 1864 it was 1,072,383. Including sown grasses 
the acres under crop had been 226,219 in 1861 ; they were 
382,655 in 1864. But all this progress availed the war-party 
nothing, so long as the Maori sat in his king's gate. Yet the 
decay of the Maoris might have satisfied their enemies. There 
were not 50,000 of them, while the Europeans were more than 
three times as many. But nearly all the Maoris were in the 
North Island, in which they formed nearly two-fifths of the 
whole population. Many tribes were friendly, but it was not 
known how many would join the standard of the Maori king. 
That there would be, as in fact there were, large numbers of 
the natives fighting on the side of the English might be hoped, 
but could not be predicted with certainty. The causes which 
had so rapidly created a numerical preponderance of Europeans 
in the islands involved momentous financial considerations. 
Armies must be paid for, and wages had risen. Any highly- 
paid occupation absorbs labour to itself, and employers in 
danger of being" deserted have to compete in price with tempta- 
tions offered elsewhere. This maxim, true everywhere, is 
strained to the extremest verge when the glittering bait of 
gold, for mere grubbing, is the distracting magnet. The greed 
of the gambler is associated with honourable toil, and the 
measure of wages is unsettled by the quality of hope. The 
man who of all men in New Zealand had the most subtle brain 
for comprehending problems in political economy at this time 
passed away. The mover of so many puppets in his prime, he 
had become, like Swift, capable only of wondering at his former 
achievements. Secluded in ill-health, Gibbon Wakefield, long 
absent from the scenes of his activity, died at Wellington in 1862. 
The Ministry, in a careful document, laid before Sir George 
Grey at Taranaki, in May, 1863, had urged that the pay of the 
militia there (2s. 6d. a day with rations) was not too high, 
because "the ordinary wages of labour of the simplest kind, 
such as working on roads, was 8s. a day at that time at 
Nelson and Canterbury." Under such circumstances the cost 
of an army was an apparition which might well disturb even 
a bold financier. Already two Waikato regiments had been 
raised in Australia. A third was in course of formation. 
Before the meeting of the Assembly the Ministers drew up a 



154 NEW ZEALAND. 

voluminous description of their plans (5th October, 1863). 
Roads were to be made. The road from Auckland to Taupo 
was to pass through the heart of Waikato. About 1000 miles 
of roadways were proposed. The war was to be the last. " No 
opportunity of renewing it with any chance of success must be 
left." Twenty thousand men would be required. Half of them 
would be wanted "from Waikato Mouth and Raglan to Tau- 
ranga and Thames." The rest were to be located in bands of 
1000 or 2000 at Taranaki and elsewhere. Two thousand were 
to go to Wanganui, where Dr. Featherston had been adjured 
by the chiefs to let no soldiers appear. They were to be im- 
ported to work on the roads, but to be armed with Enfield rifles. 
They would cost the country about 1,500,000 if they worked 
for nine months in the year on the roads. They would cost 
somewhat less if paid as militia. The scheme, with sundry 
accompaniments, would cost about 4,000,000. The money 
ought not to be raised by immediate taxation. It must be 
borrowed. Confiscated lands would be sufficient security. It 
was an ancient Maori custom for a chief to gloat over con- 
quest of lands. The Romans gave away territories beforehand. 

That there was a treaty of Waitangi in existence was a parch- 
ment bug-bear. The recollection of it had faded. It was not 
wanted to interfere, like Banquo's ghost, with the feast. There 
were, in the Waikato and Thames district, 2,292,000 acres; at 
Taranaki, 500,000 acres, = 2,792,000 acres. Let them be seized. 
Let the natives, if any be left at Waikato after the war, have 
500,000 acres of their own lands. One hundred thousand acres 
would suffice for the Taranaki Maoris. Military settlers would 
have 500,000 at Waikato, and 200,000 at Taranaki. There 
would remain 1,492,000 acres to be sold, and they would realize 
more than 2,000,000. Increasing revenue would yield profits 
in the long run, even without taking into account the influx of 
prosperity attendant on expenditure of so many millions sterling. 
They hoped for a guarantee from the Imperial Government for, 
at least, 3,800,000 out of the 4,000,000. "It may be 
objected that these plans are based solely on the idea of force ; 
and it is true that physical power is the main element of the 
conception." But the Ministry could only rear moral sway on a 
basis of physical power. "The axe and the fire are wanted," 



WHITAKER-FOX MINISTRY. 155 

they said, " before the plough and the seed-corn." Mr. Domett 
signed the paper on behalf of his colleagues. It was laid on the 
table of the House. It must have intensified the hostility of 
the Maoris. It may have been one of the early causes of a 
general feeling which by degrees spread amongst Her Majesty's 
regular forces, that the war was sought, not as a necessary act 
of justice, but as a means of spoliation, and a stimulant of the 
expenditure which enriches traders. Debt never had horrors 
for the colonists. Under Mr. Stafford, in 1856 and 1860, the 
Assembly had raised 650,000 ; under Mr. Domett, in 1862, 
500,000 more. The Provincial Governments had raised for 
various purposes no less than 2,454,239. Mr. Domett and his 
colleagues hoped, in 1863, to drown the new debt by spoliation ; 
for they valued the land of which they intended to rob the 
Maoris at little less than the proposed loan. The Representatives 
lost no time in devoting themselves to the amendment of the 
Colonial Defence Force Act of 1862. They postponed their 
acceptance of responsibility for native affairs. 

Several fresh members were added to the Council. Among 
them was Major G. S. Whitmore. When the Council met there 
was no representative of the Government in it. Mr. Swainson, 
the Attorney-General of former days, called attention to the fact 
by moving (22nd October), " That this Council do not proceed to 
any business of serious importance until there be a representative 
of the Government in the Council, and that it do now adjourn." 
Subsequently, a member informed the Council that in conse- 
quence of pending changes in the Ministry, no representative of 
the Government had been appointed in the Council, but that, as 
soon as changes had been completed, no time would be lost in 
making an appointment. Mr. Swainson was not silenced by 
this promise. He gave notice of a motion, casting grave censure 
on the Government for neglecting to secure the presence of one 
of their number in the Council. On the 29th, the Council was 
informed that the Ministry had resigned. Mr. Swainson with- 
drew his motion; and on the 2nd November, Mr. Whitaker 
announced that Mr. Fox had formed a Ministry, of which Mr. 
Whitaker was Premier and Attorney-General, representing the 
Government in the Council. An old colleague of Mr. C. W. 
Richmond, and a traitor to the treaty of Waitangi, he had found 



156 NEW ZEALAND. 

convenient colleagues. Mr. Reader Wood as Treasurer, and Mr. 
Thomas Russell as Minister of Defence, retained their offices in 
the new Ministry, which was considered a war Ministry, and by 
its conduct justified the belief. 

An Act was passed to enable Provincial Legislatures to pass 
laws authorizing the compulsory taking of land for works of a 
public nature. This was a repetition of the scheme arrested in 
1862 by the warning of Mr. Fenton, the reference to England, 
and the exceptional prudence of the Duke of Newcastle. Mr. 
Whitaker called no special attention to it. It was to remove 
doubts which had been suggested. Mr. Card well saw the con- 
templated injustice, and declined to advise allowance of the Bill 
unless native lands were excepted from its operation. 1 A Bill 
was passed by the Representatives to raise 3,000,000 sterling by 
loan, . for the vigorous prosecution of the war. Mr. Fox took 
charge of the Colonial Defence Bill introduced by Mr. Domett, 
and on the 5th November carried the second reading of a 
Suppression of Rebellion Bill by the large majority of 26 against 
10. Amongst the minority was the name of a new adventurer 
in New Zealand politics. Mr. Julius Vogel, having kept a small 
shop at a rural township in Australia, had taken flight with the 
migration to Otago. Having talent for intrigue, and sufficient 
literary ability for the local press, he obtained a position in the 
Provincial Government, and was elected to the Assembly for the 
district of Dunedin and suburbs north. Those who saw him 
enter the House would probably have repelled with scorn the 
idea that he would afterwards become their leader. Mr. Weld 
was not present at the commencement of the session, but took 
an early opportunity to protest against the Suppression of 
Rebellion Bill as " quite unnecessary and unconstitutional." It 
was a singular spectacle. The admirer of Mr. C. W. Richmond, 
the supporter of the rape of the Waitara, was compelled to 
denounce the injustice and harshness of Mr. Fox, by whom that 
rape had been opposed. Mr. Whitaker shone with baleful but 
consistent lustre. In 1860, as in 1863, he was Minister, and 
urged on each occasion the measures which were alternately 
shrunk from by Mr. Fox and Mr. Weld. 

After amendment by the Legislative Council, the Suppression 
1 P. P. Despatch ; 26th May, 1864. Vol. xli. 1864. 



SUPPRESSION BILL. 157 

of Rebellion Bill was passed. The same fate attended a Defence 
Bill. The Defence Bill of the former year had elicited an 
opinion from the law officers (Sir W. Atherton and Sir 
Roundell Palmer) in England as to the powers of the Legislative 
Council. They were "of opinion, that if in a Bill introduced 
into the House of Representatives and passed through that 
House, a certain tax or duty has been imposed upon a Crown 
grant, or an instrument in the nature of a Crown grant, it is 
competent to the Legislative Council, without any breach of the 
privileges of the House of Representatives, to make the efficacy 
for any given purpose of another class of instruments, intended 
to affect native lands under the provision of the same Bill, 
dependent upon their assuming the form of Crown grants, or of 
those instruments in the nature of Crown grants, on which the 
tax Or duty has been so imposed by the House of Representa- 
tives." They said it was never supposed in England that the 
privilege of the Commons as to originating taxation was at- 
tended with such a consequence as that the Commons could, by 
imposing a tax or duty on an instrument, exclude the other 
House from the power of originating or amending Bills relating 
to such instruments. But the suppositions known to jurists are 
not those of clutchers at unconstitutional control ; and elsewhere 
as well as in New Zealand, members of parliament have con- 
tended, not for what custom or law could justify, but for all that 
could by argument or intimidation be extorted. 

The Suppression of Rebellion Bill might have seemed suffi- 
cient violation of justice for one session. The Governor in 
Council, with Whitaker and Fox, might issue orders for the 
arrest of all "suspected" persons, and try them by court- 
martial. Death or penal servitude gleamed ominously amid 
the words of the Act. Nothing done under it was to be 
questionable in the Supreme Court, and to prevent the law so 
dear to Englishmen from being recurred to by a Maori, it was 
to be sufficient for the Governor to declare that anything done 
had been done in accordance with the Orders made under the 
Act. The bulwark of the Habeas Corpus statute was destroyed 
by a clause declaring that a writ under it should be satisfactorily 
met by a return that the body sought was held under the local 
Act. Indemnity was given for all unlawful things already done, 



158 NEW ZEALAND. 

The reader who gasps for freedom is doubtfully consoled only 
by the clause which limited the duration of the disgraceful Act 
to the end of the next session of the Assembly. But some- 
thing more than the taking of life has been shown to be at the 
bottom of Maori troubles. As at Taranaki, so at Waikato, Mr. 
Whitaker's mind was bent upon acquiring land. The land for 
which the settler lusted, the land to which the Maoris clung, 
was to be acquired, not by troublesome bargains, but by confis- 
cation. For this purpose " The New Zealand Settlements Bill, 
1863," was introduced. Its preamble declared that, for preven- 
tion of rebellion, and to maintain " law and order throughout the 
colony," settlers must be procured " able to protect themselves 
and preserve the peace of the country." To obtain land for 
them the Governor in Council might declare any district in 
which " any native tribe, or section of a tribe (after 1st January, 
1863), or any considerable number thereof, had been engaged in 
rebellion," a district within the provisions of the Act. Within such 
district the Governor in Council might from time to time seize 
upon lands for settlement. Compensation might be awarded to 
owners, excepting such as had levied war after 1st January, 
1863, or those who had comforted such warring owners, or 
"counselled, advised, induced, enticed, persuaded, or conspired 
with any person " to levy war, or who had been ' concerned in 
any outrage against person or property," or who, after proclama- 
tion in the Government Gazette, failed to surrender their arm?. 
As suspected owners might be hanged under the Suppression of 
Rebellion Act, the compensation provided by the Settlements 
Act could be kept down to a low rate ; but the astute Whitaker 
devised a mode of defeating the operation of the compensation 
clause. It was provided that no claim shoiild be entertained 
unless preferred in writing to the Colonial Secretary within six 
months (if the claimant were residing in the colony) after pro- 
clamation of his land by the Governor under the Act. Under 
restrictions which all men knew to be destructive of the principle 
of compensation, the proud Maori might obtain such compensation 
as the robbers of his country might choose to award him through 
new Compensation Courts. The Governor in Council was to 
appoint the Judges of the Compensation Court, and in flagrant 
violation of principles which had become part of the life of Eng- 



ON CONFISCATION. 159 

land, it was enacted that he should also have power at any time 
to remove any Judge. Thus an upright Judge could be got rid 
of, if his decisions should thwart the wills of Whitaker and Fox. 

The New Zealand Settlements Act was a fit complement to that 
for suppression of rebellion. Robbery was to be sanctioned by law. 
It devolved upon Mr. Whitaker to prepare an official defence of the 
prostitution of the power of a Government for the purpose of pillage. 
In a paper to be submitted to an English Secretary of State, he 
said, that as, for the most part, Maoris possessed " little personal 
property," the " permanent loss of their landed possessions " was 
that which they would feel the most. Of love of country his 
black-letter intelligence took no heed. Comment cannot heighten 
the criminality of his advice. The following sentences gibbet 
their writer : " It will be observed that the provisions of the Act 
may be made to include lands belonging to persons who have not 
justly forfeited their rights by rebellion. In order to carry out the 
scheme this is absolutely necessary. . . . The New Zealand native 
tenure of land is, for the most part, in fact with little or no excep- 
tion, tribal; and if the principle were admitted that the loyalty 
or neutrality of a few individuals would preserve the lands of the 
tribe, the Act would, for the most part, be a dead letter, and 
that in districts in which it is most required, and in which its 
operation would be perfectly just." He who runs may read in 
these words an absolute condemnation of that Act by which 
Colonel Browne, abetted by Whitaker and others, attempted to 
set aside in 1860, with a high hand, that tribal tenure of the. 
existence of which Whitaker was aware, and which he was fain 
to plead as an excuse for wholesale robbery in 1863. 

Sir George Grey did not reprobate his adviser's immorality. 
Professing his trust that he could infuse some spirit of equity 
into the administration of the Acts, he recommended their 
allowance. If the weak Duke of Newcastle had remained at 
the helm they might have been simply allowed. But the good 
Sir William Mar (in drew up a paper "on the proposal to take 
native lauds under an Act of the Assembly," and sent it to Mr. 
Fox, with a request that it might be transmitted to the Secretary 
of State. Mr. Fox complied, and sent his own comments. He 
was unshaken in his resolution to abandon the sentiments he 
had professed in 1860. If the North Island was to be held by 



160 NEW ZEALAND. 

the English, confiscation must take place. There was nothing 
unjust or " unusual in the history of national conflicts " in it, 
and it was "in conformity with the customs of the Maoris 
themselves." ... To allow "natives, rebel or others, to retain 
possession of immense tracts of land, that they neither use nor 
allow others to use, and which maintains them in a state of 
isolation from the European race and its progressive civilization," 
was "most prejudicial to the natives," and contributed "to the 
rapid decay and extinction of the race." Sir George Grey, for 
reasons which he did not state, avoided comment on Mr. Fox's 
paper. He equivocally justified the invasion of the Waikato 
territory, which Sir W. Martin's paper seemed to condemn, but 
hinted that Sir W. Martin's views " would probably agree with " 
his own on the point. In recommending the Acts for allowance 
by Her Majesty, he declared his own belief that generosity in 
dealing with rebels had been more successful than severity in 
the past. It is but just to Mr. Sewell to record that, in a letter 
to Lord Lyttleton l (December, 1863), he animadverted severely 
upon the Suppression of Rebellion and the Settlements Bills. 
The first purported to make that law which is in itself a "violation 
of all law." The second had all the vices of the worst ex post facto 
legislation, and was a breach of Imperial and moral obligations. 

An Assembly with an over- weening sense of its importance, 
was likely to resent Sir George Grey's decision to renounce as 
unjust the Waitara purchase which the Representatives had 
condoned. It had endorsed Richmond's and Governor Browne's 
repeated and positive assertions that Teira's title had been fully 
proved and found good. On the 28th October a petition from 
Teira and his friends was presented by Mr. Atkinson. It 
expressed loyalty to the Queen, and a desire that the Waitara 
block might be taken by the Pakehas. On the llth November, 
Mr. Stafford moved for correspondence about the return of Te 
Rangitake to Waitara in 1848. Mr. Weld, as an admirer of Mr. 
C. W. Richmond, obtained on the 24th an order for other papers 
relating to Waitara. On the 17th November, Mr. Fitzgerald 
obtained leave to introduce a Bill to constitute a High Court of 
Inquiry on the events at Waitara. On the 25th November, the 

1 'The New Zealand Native Rebellion.' Letter to Lord Lyttleton. 
Auckland : 1864. Printed for the Author. 



DEBATES ABOUT WAITARA. 161 

storm, such as it was, broke on the Governor's head. A recent 
success at Rangiriri under General Cameron diminished its force. 
At a crisis where, if ever, united councils were needed, it was 
more important with some members to adhere to an old injustice 
than to give loyal support to the representative of the Queen. 
On Mr. Weld's motion it was resolved : " That this House having 
supported the measures taken by his Excellency the late 
Governor of New Zealand to repress the armed interference of 
Te Rangitake l at Waitara, because, as set forth in its resolution 
of August 6th, 1860, in the opinion of this House such measures 
were indispensable for the due maintenance of Her Majesty's 
authority, considers that the renewed and definite recognition 
by his Grace the Duke of Newcastle in his despatch of August 
25th, 1863, of the justice of exerting military force against Te 
Rangitake and his allies, has happily rendered it unnecessary 
for this House to controvert or supplement statements made by 
his Excellency Sir George Grey in his despatches on the Waitara 
question." A second resolution declared that good faith required 
that Teira should be protected, and investigation made of title 
to the block. The Governor was requested on the 1st December 
to transmit the resolutions to the Secretary of State. The 
insolence of the first resolution did not provoke him to a rash 
rejoinder, and the courtesy of Mr. Weld's speech was such as to 
justify moderation in reply. On the 2nd December, Sir G. Grey 
informed the House by message that his statements had been 
" made advisedly, and after long consideration," and that he was 
satisfied of their entire accuracy. He trusted, therefore, that the 
House would inform him which of those statements it was prepared 
to controvert, and the grounds on which it did so, in order that he 
might have an opportunity of showing the accuracy of his state- 
ments, when transmitting to England the resolutions of the House. 
On the 3rd December, Mr. Fox moved for a Select Committee 
to report on the Governor's message. Mr. Weld moved an 
amendment in which a long citation from the Duke of New- 
castle's despatch was adroitly put forward as sufficient answer 
to the Governor. The debate was adjourned. On the 5th, Mr. 

1 It is convenient to state once for all, that in tliis work the Maori name 
of Te Knngitake is used; in the text; though the documents quoted often 
call him Wiremu Kingi. 

VOL. II. M 



162 NEW ZEALAND. 

Weld was allowed to withdraw his amendment in favour of one 
moved by Mr. Gillies, viz. : " That this House, in supporting the 
measures of Governor Browne, did so on the ground that the 
quarrel between the Governor and Te Rangitake was clearly 
not as to title to land, but as to whether the course taken 
by him was justifiable, and the resort to arms by him and his 
allies in defence of that course compatible with the Queen's 
sovereignty. That, on the other hand, it appears to this House 
that the tenor of his Excellency's despatches on the Waitara 
question leads to the inference that the quarrel was one as to 
land and not as to jurisdiction and sovereignty. That this 
House adheres to its former opinions, and controverts the 
accuracy of the various statements by which it appears that his 
Excellency has been led to take an opposite view, and especially 
those statements which are referred to in the Duke of New- 
castle's despatch of 25th August, 1863." In reply, the Governor 
transmitted copies of the statements alluded to in the despatch, 
and requested the House to be good enough to inform him 
whether they were the statements alluded to by the House ; and 
if not, which were the statements controverted by the House, 
and on what grounds they controverted them. 

The House read Mr. Fitzgerald's Waitara Inquiry Bill a 
second time on the day on which the Governor's message was 
received, and a third time on the following day. Mr. Fox, 
before the passing of the Bill, laid on the table the Governor's 
reply to the despatch of the Duke of Newcastle, which had 
furnished so rankling a subject for debate. Appended to the 
Governor's despatch was a memorandum, " which " (he had 
said) " if your Grace thinks fit to read, will, I am sure, satisfy 
you." It was irrefragable, both as to the wrong-headed con- 
clusions of Colonel Browne's advisers, and the equally perverse 
decisions of the Duke of Newcastle. 

How prone the Representatives had been in 1860 as well as 
in 1863 to make assertions incapable of proof was now shown 
by Mr. Stafford's conduct. Unable to refute Sir George Grey 
he was obliged to move, and the House passed without a division, 
a resolution (llth December) : "That this House did not, by its 
resolutions of the 25th November last, desire to express any 
opinion as to the accuracy or otherwise of the three statements 



WAITARA INQUIRY BILL. '163 

specified in the enclosure to the Governor's message, inasmuch as 
those statements do not appear to affect the question of the justice 
of exerting military force against Te Rangitake and his allies ; 
but this House does controvert the statements on the part of 
the natives as to the cause of the quarrel." The field of argument 
which could not be maintained with the Governor was abandoned, 
and the challenge to the natives was not likely to be accepted 
when they were already engaged in the bloody arbitrament of war. 
Mr. Dillon Bell assailed Sir George Grey in the House. He 
denied that the fact of Te Rangitake' s residence on the Waitara 
block could have been " not before known " to Sir George Grey. 
Mr. Bell lamely pleaded that he in 1860 thought that Te 
Rangitake's dwellings had been respected, and Donald McLean 
made a similar untrustworthy averment. 1 Colonel Browne was 
privately appealed to, and wrote to Mr. Stafford that he was 
aware in 1860 that Te Rangitake had a residence on the block. 
Such a confession was all that was required to convict him 
of bad faith in signing the despatch (4th December, 1860), 
which was framed to persuade the Secretary of State that Te 
Rangitake's claim was only seignorial, and that he had put 
forward none other. On the charge that the discovery of 
Lieutenant Bates could have afforded him no information, Sir 

1 Concernment with the Waitara seemed to deprive public men of 
precaution in the floundering statements they made from time to time. 
McLean, who was Chief Commissioner of Land Purchase, was asked at the 
Bar (in August, 1860), " Has Te Rangitake ever made a claim of proprietary 
right? " and replied, " He has never made such a claim to my knowledge." 
Mr. Bell, who prepared Governor Browne's voluminous despatch on the 
subject, included McLean's evidence in the despatch (4th December, 1860), 
which asserted that Te Rangitake had " failed then and failed ever since 
in establishing a proprietary right" on the block (which was purchased 
without any reservation of dwellings, &c., though such reservations were 
admitted by Bell himself to have been invariable previously). When Sir 
W. Martin's pamphlet exposed the fact that there were two pahs on the 
block, Dillon Bell assisted Mr. Richmond in drawing up 'Notes' in reply. 
They admitted the existence of the pahs, but denied Te Rangitake's pro- 
prietary or tribal title to his home, constructed (they said) by permission 
of others. In April, 1863. Bell joined in a ministerial statement that it 
was difficult to conceive that if the facts had come out clearly at the time 
of the sale " the practice of reservation universally followed . . . would 
not have been adhered to in this particular instance." In December, 1863, 
Bell and McLean professed that in 1860 they believed the pahs had been 
respected. 

M 2 



164 NEW ZEALAND. 

George Grey informed the Secretary of State (19th December, 

1863) that he had been hospitably entertained at the Waitara in 
1850, but he did not know, and it would have been sad to think, 
that such was the site bought by Colonel Browne to screen 
whom, he added, " I ought therefore to mention that though I 
am quite satisfied from authority I cannot doubt that, although 
my predecessor's despatch (on which reliance seemed to be 
placed in England) was really written by Mr. Bell, he was at 
the time he wrote it entirely ignorant of the circumstances con- 
nected with the Waitara purchase which have recently been 
brought under your Grace's notice." In conveying (5th January, 

1864) a full narrative of the transactions in Parliament, the 
Governor added : " When I received the closing resolutions 
from both Houses, and felt that the only answer I could return 
was, that after the most careful consideration of the subject my 
conviction was that the natives were in the main right in their 
allegations regarding the Waitara purchase, I feared if this reply 
was published at the present time, when a rebellion is raging, it 
might have produced weighty consequences as regards the 
native race, and might have very much embarrassed the Colonial 
Ministry who did not at all agree upon this subject. I there- 
fore thought I should act best by requesting my Ministers to 
advise me as to the nature of the reply I should return, and in 
accordance with their advice I assented to their simply making 
a statement in each House to the effect that they had advised 
me that in their opinion it was not necessary for me to reply to 
the resolutions." A more lame and impotent conclusion was 
probably never arrived at by a representative of the Queen under 
advice. The subterfuges and misrepresentations of McLean and 
Parris, the wily seductions of Whitaker and Richmond, the bold 
contempt of truth in Governor Browne's prompted despatches, 
were pointed out by the honest examination of Lieutenant 
Bates, but exposure was arrested by the aversion of the General 
Assembly to confess the wrong it had sanctioned in 1860. It 
remained for a judicial inquiry in a later year (1866) to scatter 
finally to the winds the flimsy pretext that the title of Teira 
enabled him to sell to Colonel Browne the " carefully chosen " 
seed-plot of war. By a singular retribution that inquiry was 
instituted (while Mr. Stafford was Premier) with no intention to 



MR. C. W. RICHMOND A JUDGE. 165 

analyze the rights of Te Rangitake, which were found irre- 
fragable. Perverse to the last, the Ministry, by privately com- 
pounding the matter before the Court, evaded the delivery of a 
formal judgment ; but happily the facts became known under 
the hands of the Judges in official reports to the Government. 
As late as 1869 a further judicial inquiry (on the Rangitikei- 
Manawatu case) proved that even if Te Rangitake had had no 
tribal claims to the south of the Waitara previously, his occupa- 
tion there by tribal arrangement constituted himself and his 
companions " owners according to Maori usage and custom." 
It may be admitted that until the scales of justice were applied, 
Colonel Browne and his advisers could not know how grossly 
the treaty of Waitangi was violated by his act at the Waitara. 
But their ignorance confers no moral relief; for the prayer of 
Te Waharoa, of Bishop Selwyn, of Sir W. Martin, and Arch- 
deacon Hadfield, was that the law might be resorted to, and 
their prayer was roughly refused. 

One of Colonel Browne's advisers had in 1863 quitted the 
political arena. Mr. C. W. Richmond had become a Judge of 
the Supreme Court. But he was unable to keep aloof from the 
Waitara question in which he had such bad eminence. In 
October he asked his old colleague, Stafford, to make known to 
one or both Houses his willingness to submit to any further 
investigation. He wrote to Sir George Grey : " I have taken 
this step in consequence of certain statements in your Excel- 
lency's recently-published despatch announcing your determina- 
tion to relinquish the position assumed by your Excellency's 
predecessor in reference to the Waitara purchase." As to the 
new evidence elicited, and doubts whether Governor Browne 
knew the true facts of the case whether indeed they had been 
concealed or kept back from him Mr. Richmond said : " I see 
no reason to suppose that your Excellency's suspicions point 
particularly to myself . . . nevertheless I find that it has appeared 
to others as well as to myself that your Excellency's surmises 
may be deemed to point at or include myself, as I then held the 
position of Minister for Native Affairs." Therefore he courted 
inquiry and volunteered explanation in the colony or to the 
Imperial Government. He was not accused. By coming 
forward at such a time he seemed to accuse himself. Prima est 



166 NEW ZEALAND. 

hose ultio, quod, sejudice, nemo nocens absolvitur. 1 The Governor 
sent the letter to England, where its receipt was simply acknow- 
ledged. To prove that Governor Browne, or Mr. C. W. Rich- 
mond, or both, had been deceived, was of little use. The wrong 
they had done was past recall, and no one accused them of other 
than official wrong-doing. The historian must inculpate them 
with mingled regret for the culprits and for their country- 
men, and pity for their fellow-creatures whom they wronged. 
Resolutions carried in the Legislative Council (4th December, 
1863) were similar to the resolution of the Representatives, with 
the exception that the Council thought it " happily unnecessary 
further to discuss the Waitara question," and did not speak of 
controverting the Governor's statements. When the Governor's 
last despatch on the subject was laid before the Council, an 
attempt was made by Mr. Swainson to express the regret of the 
Council that a document which might have influenced their 
decision was unknown to them when asked to vote on the 4th 
December. Mr. Whitaker opposed Mr. Swainson, whose motion 
was lost by 6 votes against 4. Mr. Gilfillan, who had supported 
Mr. Swainson, was immediately permitted, however, to quash 
the Waitara Inquiry Commission Bill, by shelving it in Com- 
mittee for three months. Members may have seen an incon- 
gruity in inquiring about the justice of the Waitara war of I860, 
while the war of 1863, its direct result, was being prosecuted 
with vigour. In the North Island nearly all males were enrolled. 
On the 5th November, it was resolved that the provisions of the 
Militia Act should be strictly carried out in the Middle Island, 
till the whole male population between the ages of sixteen and 
fifty-five, not exempted by law, were organized and drilled. 

The ambiguous manner in which the Representatives had 
received the invitation to manage native affairs was removed on 
the 6th November. The change was brought about by military 
success. The Governor having received sanction from England 
(and in a qualified sense from the Assembly), and more than 
2000 armed men having been raised in Australia under Colonel 
Pitt for the Waikato regiments, the General advanced towards 
the stronghold where the Maoris were assembled at Merc-mere'. 
Skirmishing bodies were abroad, and on the 23rd an officer 

1 Juvenal, lib. xiii. 



MKKK-MKKE. 167 

commanding the English outposts at Mauku (near Manukau and 
far in rear of General Cameron) was compelled by a large body 
of natives to retire with loss of an officer and five men killed. 
Reinforcements arrived, but the enemy escaped. Rewi and his 
guerillas had the reputation of instigating the numerous raids 
made at this period in the Hunua forest (between Auckland 
and the Waikato river) through which the unclothed Maori 
glided with an ease unattainable by encumbered soldiers. . On 
the 29th October, General Cameron, Vith Commander Wiseman, 
reconnoitred Mere-mere. Two 40-pounder Armstrong guns had 
been previously landed at Whangamarino to command the land- 
ing-place at Mere-mere. That stronghold was on a low ridge 
which approached the Waikato river. Traversed rifle-pits 
occupied the descent of the ridge to the river. Swamps almost 
encircled the ridge, and the Whangamarino and Maramarua 
rivers, or creeks, were available to the east for the possible 
retreat always aimed at by Maoris in their plans of fortification- 
The swamps were more water-laden than usual. The Maori 
flag floated in a pah where the ridge was 130 feet high. Every 
slope and projection from the ridge to the swamps was traversed 
with rifle-pits. Growth of scrub-pine and scrub, from six to ten 
feet high, was interspersed with the surrounding swamps. There 
was a horse-track leading by a spur of the ridge towards 
Rangiriri about twelve miles higher up on the right bank of the 
Waikato river, but swamps and curving hollows with swampy 
bottoms made all tracks sinuous. The General and Commodore 
found no convenient place for the landing of troops. The 
Maoris fired at the steamer, the ' Pioneer.' By immense 
exertion they had dragged a gun from the west coast to the 
Waikato. The resistance to be expected from the nature of the 
defences led the General to proceed up the river as far as 
Rangiriri in search of a point at which troops might be landed 
to turn the enemy's position, while attention was occupied in 
front by the steamer and gunboats. A point six miles above 
Mere-mere was selected. Secretly, at half-past two o'clock on 
the morning of the 31st August, the ' Pioneer ' and ' Avon/ with 
four gunboats, transported a force nearly 700 strong to the place. 
No opposition was made, and the troops took up what the 
General called a commanding position about 400 yards from the 



168 NEW ZEALAND. 

bank of the river. He intended to take up an additional force 
on the following night, aud a breastwork was constructed to 
defend the camp, which was left under command of Colonel 
Mould. What the General supposed the Maoris were doing 
while he was sending hundreds of soldiers to the north of them, 
his despatches do not tell. He does say that, while he was busy 
with his preparations, the officer in command at Whangamarino 
reported that the natives were escaping in canoes by the 
Whangamarino and Maramarua rivers. He embarked at once 
in the ' Pioneer,' and found that Mere-mere was abandoned. 

Mr. Fox in his narrative bewails the catastrophe. " Our 
troops appear to have been able to do nothing except look on 
from a distance. ... It was a great disappointment to every- 
body." Nevertheless, though the Maoris left only empty rifle- 
pits behind them, they seemed to have admitted their inability 
to cope with the troops, and Mr. Fox lost no time in moving 
(6th November) a resolution pledging the Representatives to 
accept the control of native affairs. It was far more absolute 
and binding than the proposition which he failed to carry in the 
previous year, and which led to his retirement. But he carried 
the stronger resolution without division. The cause of the 
change in the opinions of the House may be read in the terms 
of the resolution. Imperial troops had won colonial affection. 
Having considered the Duke of Newcastle's fixed determination 
not to control native affairs, the House recognized with the 
deepest gratitude the great interest always taken by the Queen 
in " the welfare of all races of her subjects, and the thoroughly 
efficient aid which Her Majesty's Imperial Government is now 
affording for the suppression of the rebellion unhappily existing, 
and the establishment of law and order in the colony. And, 
relying on the cordial co-operation of the Imperial Government 
for the future, cheerfully accepts the responsibility thus placed 
upon the colonists, and at the same time records its firm deter- 
mination to use its best endeavours to secure a sound and lasting 
peace, to do justice impartially to both races of Her Majesty's 
subjects, and to promote the civilization and welfare of all classes 
of the inhabitants of these islands." The Council on the 9th 
November adopted similar resolutions. It must be confessed 
that the vain efforts which the House made soon afterwards to 



RANGIRIRI. 169 

strangle the truth with regard to the seizure of land at Waitara 
formed an unhappy commentary on these professions. The 
address was promptly transaiitted to England and acknowledged 
with great pleasure by the Secretary of State. The pledge to 
accept responsibility was no sooner made than it was repented, 
and by some sought to be evaded In many contemporary 
writings and speeches it was spoken of as a " fatal acquiescence." 
The session did not close without a notable triumph for the 
war-party. The Maoris after evacuating Mere-mere occupied 
Rangiriri, higher up the river than their former position. The 
Waikare lake was there separated only by a narrow belt from 
the river, and numerous swamps and ana-branches facilitated 
the use of canoes. The Maoris had constructed their main line 
of entrenchment " across the isthmus which divided the river 
from the lake." The line had a double ditch and high parapet, 
and was " strengthened in the centre by a square redoubt of 
very formidable construction. Behind the left centre of the 
main line, and at right angles to it, there was an entrenched line 
of rifle-pits parallel to the Waikato river, and obstructing the 
advance of troops from that direction." l The General recon- 
noitred on the 18th, and resolved to land a force above the 
position " with a view of turning and gaining possession of a 
ridge 500 yards behind the main entrenchment, and thus 
intercepting the retreat of the enemy." Three hundred of the 
40th Regiment were embarked in the 'Pioneer' and 'Avon.' 
They were to land at a selected point on a preconcerted signal. 
The wind and currents delayed their movements. The number 
of the Maoris was thought to be between 400 and 500. The 
total British force was about 1300. The enemy's position was 
shelled till nearly five o'clock. Armstrong 12- pounders on 
land aided the fire from gunboats. The General was weary of 
waiting for the preconcerted signal of the landing of the men of 
the 40th Regiment sent to the rear by water, and he ordered an 
assault, which was gallantly executed. The entrenchment was 
scaled, the line of rifle-pits facing the Waikato was forced, and 
the Maoris were driven to their centre redoubt, which they 
"defended with desperate resolution," behind a parapet 21 
feet high. At this time the General saw that the 40th had 
1 General Cameron's despatch ; 24th November, 1863. 



370 NEW ZEALAND. 

occupied the ridge in the rear, and were pouring a heavy fire on 
a body of the enemy who fled by the Waikare swamp. Two 
assaults on the centre redoubt were made separately by 36 
of the Royal Artillery, and by 90 seamen, armed in each case 
with revolvers. Both were driven back with loss; and hand- 
grenades were vainly thrown into the work to dislodge the 
besieged. It was then growing dark, and satisfied with his 
position, in which he said " the troops almost completely en- 
veloped the enemy/' the General resolved to wait till daylight. 
The force under the Commodore endeavoured to prevent an 
escape to the Waikare lake. Shortly after daylight the Maoris 
hoisted a flag of surrender. One hundred and eighty-three men 
and two women became prisoners of war. The General was 
unable to ascertain what had been the original force, or what 
was the loss of the natives. " Their wounded must have been 
removed in the night, as there were none among the prisoners." 
Thirty-six dead Maoris were found and buried, and it was 
believed that numbers were drowned or shot at the Waikare 
swamp. The General's despatches gave a return of 39 English 
killed, and 89 wounded. Amongst the dead was Captain 
Mercer who led the Royal Artillery in their desperate assault 
on the redoubt. When he fell in a position exposed to 
the fire of Maoris and of English, Te Oriori risked his own 
life in carrying him to a place of safety within the pah. It 
had been supposed that the king and the king-maker were 
in the camp ; but they were not among the prisoners. A native 
afterwards said that the king-maker and others escaped between 
the Waikare swamp and the river ',o the south of the redoubt, 
in which case they must have passed almost through the English 
lines. A letter from the king-maker on the 4th December, 
asserted that 36 escaped by swimming across the Waikare 
lake. Many, including women, were drowned. Among the 
prisoners were many important chiefs. 

Mr. Gundry, interpreter, in his report to the Native Minister, 
mentioned a fact which found no place in the General's de- 
spatches, but which marks the true nobility of English soldiery. 
Far from thirsting for the blood of the gallant foes who had 
rent their ranks so fearfully the evening before, they respected 
the courage with which, under a storm of shot and shell, that 



TE WHEORO AT NGARUAWAHIA. 171 

small band of men had defended their ramparts. The simple 
narrative of the interpreter must make every Englishman proud 
of his countrymen. " A Maori came forward with a white flag, 
when the soldiers sprang in amongst them, and commenced 
shaking hands with the Maoris. Soon after, the General came, 
and ordered them to give up their arms and he would treat them 
well as prisoners because of their brave conduct. ... Te Wheoro 
accompanied the General from Mere-mere to Rangiriri, and was 
very useful as a guide." On the morning of the surrender the 
king-maker approached with a, large party of Maoris with a 
flag of truce. The interpreter found the leader inclined to 
surrender, but his followers unwilling. The king-maker sent 
his " mere," a weapon of green-stone, but the General could not 
tell whether it was in token of peace. General Cameron wrote : 
" I hope the prisoners will be treated generously, for every one 
must admire the gallant manner in which they defended their 
position to the last." The captives proposed to make peace, but 
the General told them the Governor only could arrange it. 
They wrote to the king-maker to urge the tribes to make peace, 
and abandon the " mana " of the island. One of the chiefs who 
had escaped wrote to the Governor soliciting the release of the 
prisoners. "Let it suffice for you the men who are dead. 
Return to us those who live." He was told by Mr. Fox that 
the Governor could make no terms till their arms were laid 
down. The chiefs wrote again to the Governor. He answered 
(6th December) : " Your letter has reached me. Sons, my words 
to you are these. The General must go uninterrupted to 
Ngaruawahia; the flag of the Queen must be hoisted there. 
Then I will talk to you." 

On the 3rd December, Wiremu te Wheoro went from the 
General to Ngaruawahia. As he approached he was greeted 
with firing on both sides of the road. He reached the house 
of Matutaera, and the chiefs said, " Come and see your fallen 
tribe and your broken canoe." In like figurative words he 
addressed them and recommended peace. The king-maker 
was sent for from Tamahere. There was a council. They said, 
" If we give up the guns we shall perhaps be made prisoners." 
The Ngatimaniapoto were about to cut down the flagstaff. 
" Waikato would not allow them. The quarrel was great. 



172 NEW ZEALAND. 

Both sides fired without aiming. Then Tamati Ngapora, Mohi 
te Ahiatengu, Patara te Tuhi, and the king-maker, gave the 
flagstaff to me, Wiremu te Wheoro, with these words : ' Wiremu, 
we give over this flagstaff to you, with those buried here and 
at Ngaruawahia, for you to give over to the General and to the 
Governor. Especially let not the remains of the dead be ill- 
treated by the soldiers.' " l 

It cannot be asserted that this act of submission would, if 
wisely received, have terminated wars in New Zealand. It is 
plain that it was not wisely availed of by the Governor and his 
advisers. At Rangiriri was found a proclamation by the Maori 
king, dated 3rd October. It called for one-fifth of the tribes 
of the island to assemble as warriors at Ngaruawahia. It 
commanded them not to despoil the slain of their clothes ; but 
"guns, powder, ballets, copper caps, cartouch-boxes, watches, 
money, rings, hats, these take." Such spoil was to be " brought 
to one heap," and marked with the name of the depositor and 
the king's seal. The arms and ammunition would be given 
back to the captor, the other property was to be " left alone till 
the end, when his own will be restored to each man." How far 
this summons had been obeyed no European could tell. The 
General had crossed the Waikato frontier more than two months 
before it was issued. 

To the letter from the captive chiefs the king-maker replied 
ambiguously on the 4th December. He was unable to fulfil 
their word, to make peace. " We have not yet taken breath, 
both on account of your (ma-te) misfortune, and on account 
of the enemy constantly driving us from place to place. We 
are quite out of breath. What we have done, since you left, 
is to think over your word and continually retire ; as the steamer 
moves this way we move also." The steamer ' Pioneer ' moved 
with an important freight. The General, the Commodore, and 
500 men were with her. The Governor detained the English 
mail for twenty-four hours, to announce the occupation of 
Ngaruawahia on the 8th December, and the establishment of 
head-quarters at the rebel capital. The Maoris had evacuated 
it, taking with them the bones of Potatau, their first king. In 

1 The atrocities committed by the volunteers at Papakura had made 
their murk. 



PAPARATA. 173 

a few days the success of the Thames expeditionary force, 900 
strong, was assured by establishing military posts from the firth 
of the Thames to the river Waikato. Near Paparata Colonel 
Carey built a redoubt on a hill, which, commanding a view of 
the Queen's Redoubt at Te la, of the Waikare lake and of 
the firth of the Thames, enabled him to establish a system of 
telegraphs. An exploit of Captain Jackson, of the Forest 
Rangers, at Paparata, attracted attention in December. Smoke 
was observed on Sunday morning, and a stealthy advance was 
made. The voice of a Maori leading the devotions was heard, 
and the approach of the Rangers was unnoticed. At thirty 
yards' distance a volley was poured upon the congregation, and 
the assailants rushed up to finish their work with revolvers. 
"The panic was intense. One man stood upright, without 
making an effort to escape or defend himself, and was shot 
down. Another was wounded in the shoulder by Smith ; the 
native fired at him in return, but missed ; he then clubbed his 
double-barrelled gun, and struck at Smith, who parried the 
blow and closed with the native. Although the Maori was 
wounded, he would have proved match enough in this hand- 
to-hand struggle, but for Ensign Westrupp, who came to the 
relief of his man, and shot the native in the head ; he fell, but 
again rose to his legs, when another man blew his brains out. 
This was the only instance of resistance, except a few shots 
which did no harm. Four of the Maoris were left dead on the 
field, and several wounded men were carried away, principally 
by the women of the party. There was an order given not to 
fire at any of the women." Such was the account in a news- 
paper, which regretted that the fugitives were not followed and 
punished more severely ; but " on the whole (thought) a highly 
successful affair had occurred to enliven the monotony of the 
war, and this time it is entirely by civilians." It transpired that 
women had not been spared, and the commander admitted that 
one woman was wounded. The Rev. R. Taylor in his ' New 
Zealand, past, present, and future,' singled out Jackson's Sunday 
performance as one which ought to make the colonists blush. 

The readiness of the Maoris to discuss their plans showed 
how utterly they had been defeated. They had intended to 
operate, in guerilla bands, upon the rear of the General's forces. 



174 NEW ZEALAND. 

From the Thames to Manukau, and especially in the Humia 
forest, they had hoped to harass their invaders. They had not 
believed that supplies for a large invading force could be 
depended upon, but were disappointed. The destruction of the 
war-party at the Wairoa river, in September, had signally foiled 
their schemes on the General's left rear, and when the redoubt 
was constructed near Paparata, and the road through the Hunua 
forest to Maungatawhiri was held by efficient detachments armed 
with rifles, the inefficiently-armed Maoris were powerless for 
offence. The Parliament unanimously thanked the General, the 
Commodore, and Major-General Galloway, the commander of 
the colonial forces. 1 

A serious question had occasioned much debate in both 
Houses. The remoteness of Auckland from many populous 
parts of the Middle Island had always obstructed members 
in attending the General Assembly, and was an obstacle to 
communication with the General Government. It was resolved 
in the Lower House that the seat of Government should be 
transferred to a suitable locality in Cook's Straits, the selection 
of the site being left to an impartial tribunal. After opposition 
the motion was carried. On the 25th, in spite of vigorous 
efforts by Mr. Stafford, it was resolved, by 24 votes against 17, 
to ask the Governor to seek the aid of the Australian Govern- 
ments in selecting impartial Commissioners to choose the site. 
The Governor expressed his willingness to comply with the 
address, but further debate was raised on the question of pro- 
viding funds, which were nevertheless voted, on the 4th Decem- 
ber, by 23 votes against 11. A similar motion was carried in 
the Legislative Council by 11 votes against 8; Mr. Whitaker, 
the Premier, being in the minority, although his colleague, Mr 
Fox, had voted with the majority in the House of Representatives. 
The early project of Gibbon Wakefield's friends was thus re- 
sumed after many years, for it would hardly be doubted that 
Wellington would be chosen as the most suitable position in the 
Straits. To compel a removal from Auckland, the Representatives 

1 Major-General Galloway, recently promoted from the command of the 
70th Regiment, had, at Governor Grey's request, consented to remain for a 
time in the colony to command the militia and volunteers (Despatch ; 10th 
August, 1863). 



CRIMINAL CLASS AT OTAGO. 175 

resolved that if proper accommodation should not have been 
made at the seat of Government, it would be expedient that 
the Assembly should hold its next sitting at Christ-church. 

During the session a ' subject which had in former years 
aroused the Legislature of the colony of Victoria was brought 
before the Assembly. As in Victoria, so in New Zealand, the 
gold-fields drew crowds of harpies from the criminal classes in 
Tasmania, the last gathering-ground for English convicts in the 
south-eastern group of Australian colonies. After discussion, 
disallowance, and difference, the Victorian Convicts Prevention 
Act found a home in the statute-book. In Otago the vultures 
which prey upon their honester fellow-creatures hovered so 
thickly that Major Richardson, the Superintendent, emitted a 
piteous cry. Criminals of desperate character were setting in like 
a tide, which, if not arrested, would " inevitably make the province 
one vast penal settlement." In 1861 and 1862 the Provincial 
Council passed ordinances to prevent influx of criminals. They 
were severally disallowed by the Governor, the opinion of the 
Judges being taken as to their repugnance to law and to the 
Constitution. A similar Bill was passed by the House of Repre- 
sentatives in 1863; was carried, by a majority of four on its 
second reading, in the Council ; but was, on the motion of Mr. 
Swainson, ordered to be " read a third time this day six months." 
The Ministry urged that an Imperial Act should be passed, 
either to meet the evil, or to empower the Assembly to do that 
of which, in the opinion of the Judges, they were then incapable. 
Mr. Cardwell replied that as the Government " did not advise 
the disallowance of the Act passed to prevent the entrance into 
Victoria of persons formerly sentenced to transportation in the 
United Kingdom, but whose sentences had expired, so neither 
would they now advise the disallowance of a similar Act if 
passed by the New Zealand Legislature. They would, however, 
see the passing of such an Act with regret, and they certainly 
would not advise that Parliament should be invited to pass a 
law for the express purpose of enabling a Colonial Legislature 
to enact a provision so little in accordance with Imperial policy, 
and which, in the opinion of their own Judges, is not called for 
by any proved necessity." On the 14th December the session 
closed. The Governor gave the Royal assent to the Suppression 



176 NEW ZEALAND. 

of Rebellion Act, the New Zealand Settlement Act, and a Loan 
Act for three millions sterling. The members were dismissed 
in triumph to their homes, with the Governor's thanks for their 
liberality, and an assurance that the unusual powers granted to 
the Executive in a time of great public danger should be used 
so as to encroach as little as possible on the ordinary domain of 
law. They had provided in their Loan Act for a reduction of 
interest on so much of the loan as the Imperial Government 
might guarantee, and Mr. Reader Wood, the Treasurer, sailed 
in January to advocate the interests of the colony in England. 
Among the Acts reserved for the Queen's pleasure was one " to 
enable Provincial Legislatures to pass laws authorizing the com- 
pulsory taking of land for works of a public nature." Mr. 
Whitaker was determined to effect the object in which he had 
previously been thwarted by the decision of the Secretary of 
State. By the Constitution of New Zealand, as in Australia, 
power was reserved to the Crown to disallow a Bill (although 
assented to by the Governor) within two years after the receipt 
of the Bill by the Secretary of State. Mr. Whitaker, at the 
close of the session, protested against the exercise of this power 
of disallowance with regard to the Rebellion and Settlement Act. 
His main plea was that native land tenure " was with little or no 
exception tribal," and if lands of a tribe could be preserved be- 
cause loyal occupants were incapable of eviction, the Act would be 
for the most part a dead letter. Already 3000 men had taken 
military service with the hope of obtaining land, and it was in- 
tended to enrol 20,000. Difficulties in the way of confiscation 
would be intolerable. Such was Mr. Whitaker's argument in 
1864. A more elastic construer of rights and powers can hardly 
have held office as Her Majesty's Attorney-General amongst the 
numerous dependencies of the Crown, nor one who, under the 
guise of quiet simplicity, affected to be ignorant of guile until 
concealment became no longer possible. The tribal rights he 
had advised the ignorant Governor Browne to reject as baseless, 
at Waitara, could scarcely be denied before the learned Governor 
Grey. Their existence was therefore made a plea for a larger 
measure of confiscation than any but special enactment could 
permit, though it could not justify. Some of those who sup- 
ported the ministerial measures had misgivings. Mr. Weld 



QUESTION OF CONFISCATION. 177 

protested against them as unconstitutional and tyrannical. 
Mr. J. C. L. Richardson, who became a Minister at a later 
period, recorded the fact " that the doubtful supporters of the 
Ministry of Mr. Fox gave a hesitating and timid adhesion to 
the Bills," savouring, as they did, of the "darkest periods of 
English legislation." 1 Sir George Grey told the Secretary of 
State that, of the two modes of dealing with subjects after 
rebellion, generosity would generally be found most successful ; 
and that, in New Zealand, generosity has so far prospered thnt 
former enemies, who might have inflicted serious injury in 1863, 
had not only refrained from joining the rebels, but had volun- 
teered to aid the English. But the same policy could not now 
be relied upon. The belief of large numbers of Maoris that 
a new principle was to be established in procuring land, and 
dealing with the natives generally, had bred distrust in the 
Government, and the successes at Taranaki in 1860 had em- 
boldened the young men of the tribes which had acquired arms 
and ammunition in great quantities. It was needful now to 
inflict punishment by taking land. But, recognizing the wisdom 
of a large generosity to the defeated, he would not carry the 
system too far. Magnanimity was not a virtue which abounded 
in New Zealand Ministries, and the want of it was to breed 
endless confusion. Yet a warning was received in January. 
In November, 1863, the Duke of Newcastle, while acquiescing 
generally in the seizure of lands from rebels, deprecated such 
wholesale confiscations as would lead the Maoris to believe that 
land-grasping was the motive for war. Even friendly tribes 
might thus be shaken in their allegiance, and wider and more 
desperate struggles might ensue. Her Majesty's Government 
would view with gravest apprehension a policy which might 
intensify the spirit of disaffection. 

Timely words were lost on the dull surface of Mr. Whitaker's 
sensibility. He had little to say except that he had no appre- 
hension that confiscation could not be confined within proper 
limits, and that the General Assembly would disapprove undue 
extension. The careful ' Observations on the proposal to take 
native lands under an Act of the Assembly,' drawn up by Sir 

1 Printed uddress to electors of Dunedin and suburbs nortb, by Mnjor 
Richardson. 

VOL. II. N 



178 NEW ZEALAND. 

William Martin in November, 1863, were sent by Sir George 
Grey in January, 1864, to the Secretary of State with the 
' Memorandum ' by Mr. Fox, already mentioned as contending for 
confiscation on the grounds of necessity, of justice, and the 
interests of the Maoris, who were possessed of too much land for 
their own good. It is noteworthy that Fox took up a different 
position from that of Whitaker. Whether he hoped to be 
believed may be doubted. He wrote : " The Government pro- 
poses to confiscate (that is, to take without compensation) no 
lands except those of which the owners have been engaged 
in open rebellion, or actually aiding and abetting it by overt 
acts." He denied the existence of that for which Whitaker 
pleaded as absolutely essential. He concluded his paper with a 
declaration that " Mere technical difficulties (if there be any, 
such as govern feudal liability to forfeiture, or the necessity of 
conferring political franchise, which is alleged to be a condition 
precedent to the right to enforce submission to law), however 
interesting as abstract questions for discussion, cannot be enter- 
tained by a Government on which the responsibility rests of 
saving to the British Crown a dependency in imminent peril, 
and preventing for the future the renewal of a similar crisis." x 
To Sir William Martin's remonstrance that the Government 
ought to discriminate between the various sections of the 
Waikato tribes the loyal and disloyal Mr. Fox replied not a 
word. Sweeping confiscation was the long-coveted remedy for 
the woes of colonists who deplored the recognition of Maori 
rights by the Queen. They would undo by proclamation what 
she had sanctioned by solemn treaty. Whitaker's reasoning, 
that the rebellious could not be properly punished if the rights 
of the loyal were respected, furnishes an explanation of the 
silence of Fox. Sir William Martin's paper, written by him 
with a " feeling of sorrow, if not of shame," remained unan- 
swered by the Ministry, and received unworthy treatment at the 
hands of Sir George Grey. He, who well knew that the cross- 
ing of the Maungatawhiri was a declaration, and an act, of war, 

1 As Mr. Fox had the effrontery, in 1879, to publish a letter in which he 
declared that his influence was not exerted to bring about confiscation of 
Maori lands, it is well that his advice in 1863 should be recorded in his 
own words. 



SIR W. MARTIN'S APPEALS. 179 

was not ashamed to urge that it was an act of self-protection. 
He could not answer Sir W. Martin, and he was too prudent to 
resort to the hollow immorality of Mr. Fox. He insidiously 
said (with regard to the invasion of Waikato) : " I say this, 
not in answer to Sir W. Martin's views, which would probably 
agree with my own on this point, but because I fear that his 
remarks might, as they stand, be misunderstood by persons at a 
distance." He did his best to cause them to be misunderstood, 
lest the injustice of confiscating the goods of loyal subjects 
should be perceived in England, and the Waikato campaign 
should be marred. One thing he had the grace to avoid. He 
did not adopt the ethics of Whitaker and Fox; nor did he 
comment upon them. Anise and cummin his advisers could 
supply. The weightier matters of righteousness and mercy 
were beyond their ken. The law they worshipped was not like 
the ancient Themis, offspring of heaven and earth. It was 
altogether of the earth, earthy, and was centred in a craving for 
Maori land. The law to which Sir William Martin appealed, 
whose " seat is in the bosom of God, whose voice the harmony 
of the world, to which " l all things in heaven and earth do 
homage, " the very least as feeling her care, and the greatest not 
exempted from her power ; both angels and men and creatures 
of what condition soever, though each in different sort and 
manner, yet all with uniform consent, admiring her as the 
mother of their peace and joy" such a law was unfitted 
for the designs of the heirs of the rapacious crew whom Lord 
Stanley had abashed, when, for the credit of the English name, 
he conveyed to New Zealand the commands of the Queen. They 
ruled, however, in New Zealand in 1864, and the majority of 
the increasing population, ignorant (as Sir W. Martin admitted) 
of Maori history and rights, and therefore comparatively guilt- 
less, were hurried by their leaders into acts of crime. 2 The 

1 Hooker. 

a Contrast the excuses of Whitaker and Fox with the straightforward 
common sense of Acting-Governor Shortland, when "taking payment in 
land " was urged upon him. " I do not at all approve of the system of 
taking payment in land from the natives for acts of aggression on British 
subjects, being of opinion that it would tend to encourage a frequent 
repetition of similar offences (against Maoris) and to render the lower class 
of settlers more and more abusive towards the natives" (Despatch to Lord 
Stanley, No. 53 ; 15th June, 1843). 



N 2 



180 NEW ZEALAND. 

Governor's disingenuousness did not improve his position, which 
was, without doubt, difficult. Mr. Fox had been his ancient 
enemy, and had gone to England to assail him in former years. 
There was still some animosity. 

The Ministry in various ways showed jealousy of the Governor's 
ability and knowledge of Maori character. It was revealed in 
characteristic and trivial ways, which made the course of affairs 
a maze of pettiness, encumbering hundreds of pages in the New 
Zealand blue-books. A few specimens are necessary to explain 
the state of affairs. It will be remembered that the rebels had 
been told that the Governor could only talk to them when the 
Queen's flag had been hoisted at the rebel capital. When the 
General reported the occupation of Ngaruawahia on the 8th 
December, his Ministers urged Grey to go thither with them 
and promulgate terms of peace. Those terms were discussed at 
great length. Surrender of arms, oath of allegiance, confiscation 
of all the land of rebels, followed by restitution to each man of 
a limited portion, so that his family might not starve, prose- 
cution of all murderers were the main points. The Ministry 
insisted on going with the Governor. He thought it better to 
go alone. They would not yield, and he did not go with them. 
A notice, 16th December, was sent to the chiefs telling them 
that their reluctance to give up arms lest they should be made 
prisoners (as reported by Te Wheoro), was needless, for that 
none of them should be molested, except actual murderers. No 
act of war would be punished. If they wanted to know more of 
the Governor's intentions, he would receive a deputation in 
Auckland, treat it kindly, and allow it to return in peace. They 
must decide quickly, for the General would not stay his advance. 
Mr. Fox, in his account of the war, condemns the Governor for 
inability to make up his mind about going to Ngaruawahia ; but 
a memorandum furnished by Sir G. Grey to his Ministers on the 
18th December, at their request, explains his proceedings in a 
different manner. For a Governor, with the General and his 
Ministers, to make overtures and fail, would injure his position 
in the eyes of Europeans and of Maoris. The natives ought to 
make overturesjto him. Either the Governor ought to be with 
the General, making no overtures to the natives, but on the 
spot if they should choose to make them to him ; or, if his 



MINISTRY DIFFER FROM THE GOVERNOR. 181 

advisers preferred another course, they might be with the 
General ready to receive overtures. On the 19th December, 
Mr. Whitaker summed up a reply in the words : " Most of the 
cogent reasons given by his Excellency against his going with 
some of his Ministers appear to them equally cogent against 
either party going without the other." Mr. Fox declares that it 
was unfortunate that the Governor l did not go with his Ministry, 
and that his refusal led to his being charged by the natives with 
breach of faith and responsibility for further war. He even 
says that the king-maker positively asserted, that if the 
Governor had gone to Ngaruawahia peace would have been 
made. But the king-maker's letter which Mr. Fox quotes 
makes no such assertion. It declares, on the contrary, that if 
the war had been allowed to stop at Rangiriri if the proposals 
of the prisoners had been accepted by the English there would 
have been peace. But neither the Governor nor his Ministry 
agreed to the captives' suggestions, though the king-maker 
wrote at the time that it was not proper for him to carry on 
war while his imprisoned friends were proposing peace. 

As early as in December, 1863, there was a feeling that the 
Governor might be unwilling to confiscate lands so s wee ping ly 
as his Ministers might demand. On the 17th, he showed them 
a draft of a despatch to the Secretary of State, asking whether 
it was wished that he should assent to any advice from his 
responsible advisers ; or whether the English Government pro- 
posed to issue any instructions. Pending the receipt of instruc- 
tions he would act on his own judgment. Judging from the 
tone of the press, some persons desired not that land should be 
confiscated as an example and check upon rebellion, " but that 
a magnificent and extensive territory might be thrown open 
to any amount of prosperous colonization." Mr. Whitaker and 
his colleagues demurred to the despatch, and reserved their 
rights " as Ministers responsible to the General Assembly and 

1 Mr. Fitzgerald urged that proper efforts were not made to arrange 
terms when the General reached Ngaruawahia, and that the further advance 
of the army compelled the Maoris " to fight with the courage of despair." 
Sir G. Grey denounced this statement as " untrue " (Despatch 46 ; 7th April, 
18G5) ; and arrayed many dates to controvert it ; but the bickerings 
between Sir G. Grey and his advisers tend to confirm Mr. Fitxgerald's 
opinion. 



182 NEW ZEALAND. 

the colony." After exchange of minutes, in the course of which 
Mr. Whitaker " feared that the conclusion was inevitable that 
the views of the Governor and his Ministers differed essentially 
as to the practice of responsible government," the document 
was not sent to England, and Mr. Cardwell in due time furnished 
the Governor with instructions on the subject matter of the 
cancelled despatch. 

The ceremony of handing the king's flagstaff to Te Wheoro 
bore no fruit. The wrangling of the Ministry with the Governor 
neutralized the tender of submission. 

The advance of the Queen's troops made peace impossible. 
It was ascertained afterwards that the Maoris on no occasion 
had more than 2000 men in arms throughout the island. 
They had never more than 600 men assembled at one place 
during the war, and they were too wary to oppose them in the 
open field to far larger numbers aided by superior weapons. 
Rifle-pits and concealment were their defences. Thus they 
might hope that their assailants might be brought within the 
short range of their guns. Retreat from fortress to fortress was 
their plan of operation as General Cameron marched forward. 
To the General, meanwhile, looking round for strategic advan- 
tages, and heedless of national rights, it occurred that it would 
be wise to conquer the Tauranga district on the east coast. 
The Maoris to the east of the harbour were comparatively 
friendly. On the west the Ministry said they were decided 
enemies. Some had been to the war ; some were preparing to 
go. Their crops were ready to be gathered. The loss of them 
would be a heavy blow. Writing on the 19th January, the 
Ministry said it was already publicly known that the expedition 
was contemplated, and to delay it would be considered a proof 
of weakness. The Governor yielded with professed reluctance, 
feeling that " under the present form of government " he ought 
to comply with the demands of his advisers. Again, therefore, 
an expedition was undertaken which could only be accepted as 
a token that the Government raised quarrels in order to seize 
upon lands. 

It was believed that in 1863 as in 1860 the warlike youth of 
Tauranga had swelled the ranks of men in arms against the 
Queen. It was also true that the king-maker had much influ- 



ATTACK ORDERED AT TAURANGA. 183 

ence over the Maoris between the east coast and the waters of 
the Thames. Nevertheless, though the man who looked only 
from a military standpoint might be excused for favouring such 
a marauding expedition, the Civil Government, charged with 
equal care of both races, in recommending the expedition, were 
worse than pirates, for pirates have not [sworn to do right to 
those whom they rob. The Civil Commissioner at Tauranga had 
furnished a return of the warriors supposed to have gone to the 
Waikato district to help the king. From the east side of 
Tauranga, 30 out of an adult population of 212 ; from the west, 
out of 542 no less than 260 were said to have gone. Over 
them the king-maker's influence was great. Mr. Whitaker 
drew up (19th January) short instructions for the Colonel 
(Carey) in command. One sentence was : " The crops and 
cattle and other property of the natives on the west side should 
be taken possession of and the crops gathered in." Mr. T. H. 
Smith, the Civil Commissioner, waited on Colonel Carey on the 
22nd. Before doing so he had intimated to the Maoris in con- 
formity with the exact words of a memorandum from Mr. Fox 
(the Native Minister), " that the object of the expedition is to 
act as a check on the movements of the Waikato sympathizers, 
but that unless forced upon them, active hostilities are not con- 
templated, and in any case will be only carried on against open 
rebels." Shocked at the variance between these words and the 
instructions given to Colonel Carey, Mr. Smith by words, and in 
writing, entreated him to stay his hand till the Government 
could be consulted. Ruthlessly to seize the property of the 
innocent would rouse peaceful tribes to take arms against the 
Queen. Colonel Carey waited while Mr. Smith's appeal was 
sent to Mr. Fox. On the 25th, two letters from Auckland were 
sent to Mr. Smith. The Governor wrote privately : " Colonel 
Carey sent me a copy of your letter to him regarding the error I 
had fallen into, in issuing such instructions as I did for treating 
all the natives on the western side of the harbour of Tauranga 
as enemies, seizing their crops, cattle, &c. I feel very much 
obliged to you for the fearless and honourable way in which you 
did your duty on this occasion, thereby preventing me from 
being the cause of bringing much misery upon many innocent 
people." The other letter, from Fox, was sevenfold more lengthy, 



184 fNEW ZEALAND. 

and upbraided Mr. Smith for circulating the former instructions 
amone the natives. If the Government had desired their circu- 

o 

lation Mr. Smith would have been told. " As you have acted 
entirely without instruction, the responsibility must rest solely 
with yourself." Mr. Smith's humane conduct appeared incon- 
sistent with his verbal statements to Ministers in Auckland 
about the hostility of the tribes, and he was ordered .to 
explain it. Sir George Grey (25th January) took prompt 
measures. He thanked Colonel Carey for staying his hand as 
to ravages, and told him to undertake no aggressive movement. 
If possible he was to intercept armed parties passing by the 
Tauranga route to join the natives in arms in the interior. 
Most civilians are as unfit to control military events as children 
are to be trusted with gunpowder ; and when thwarted in mischief 
will like children complain. Mr. Smith furnished a satisfactory 
explanation, but Fox and Whitaker were discontented. They 
roundly rated the just officer for interfering to save the property 
of the innocent. At a later date (3rd February) in a memorandum 
on responsible government they complained of the Governor's 
" correspondence with their subordinate officer Mr. Smith." 

On the course to be adopted with regard to the Maori 
prisoners, Mr. Dillon Bell had, on the 1st December, 1863, 
moved in the House that it was important that the policy of the 
Government should be announced. The Ministry were unpre- 
pared to make any statement and the motion lapsed, although 
seconded by Mr. Weld in a few words in which he expressed 
his opinion that though technically the prisoners were rebels, 
morally they were not, and ought to be treated neither with 
maudlin philanthropy nor with " vengeance and hostility." The 
Ministry soon showed that they were incapable of generous 
discrimination. Retained for some weeks on board of H.M.S. 
' Cura9oa,' the Rangiriri prisoners were after the 24th December 
confined in the hulk ' Marion,' moored under -the guns of a 
man-of-war in the Auckland harbour. Sir George Grey, on the 
29th February, 1864, urged the Ministry to release on parole Te 
Oriori, a chief who had on numerous occasions acted nobly 
towards the English, and who was believed to have been 
wounded at Rangiriri while placing Captain Mercer in a place 
of safety. He had also been friendly to Mr. Gorst at Awamutu, 



QUESTION OF TRYING PRISONERS. 185 

when that gentleman's life was in danger. Looking to the rank 
and generosity of Te Oriori, Sir George Grey thought that his 
release would produce an excellect effect upon the natives. 
After many days Mr. Fox declared that the Ministry objected 
to Te Orion's release. Mr. Fox was about to visit Kaipara, and 
on his return " Ministers would be prepared to take the case o f 
all the prisoners into consideration." It was not until the 7th 
April that Fox could be brought to make any proposition ; and 
then in reply "to his Excellency's request more than once 
repeated " the ministerial junto said, they considered the trial of 
the prisoners ought to take place, if at all, under the Suppression 
of Rebellion Act of the recent session. But as that Act had not 
received Royal allowance they feared to use it lest after trial the 
disallowance of the Act should bring about serious complications. 1 
" But as his Excellency has pressed so strongly (that the course 
to be adopted should be considered), Ministers are prepared to 
surrender their own views, and acquiesce in that of his Excel- 
lency." Let the prisoners, therefore, be tried by a military 
tribunal under the Act not yet allowed. Sir George Grey 
replied that he was not pressing that " the prisoners should be 
all brought to trial, but that some decision should be come to as 
to their future disposition." Uncertainty was producing a bad 
effect upon the natives generally, many of whom thought that 
all the prisoners were to be put to death. Some might be tried, 
and others released on conditions. Moreover, he wished the 
trials to take place before the ordinary tribunals, and not before 
Courts composed of military officers. Mr, Whitaker then (19th 
April, 1864) took up the argument. Ministers were of opinion 
that all the prisoners should be tried, " and that none should at 
present be released," and that the most convenient mode would 
be under the Suppression of Rebellion Act. Militia officers 
might be mingled with military in the composition of the Court. 

1 Mr. Fox's condition of mind was strange. He opposed the Waitara 
war in 1860 as unjust. He advocated the advance into Waikato territory 
in 1863, knowing that it would be accepted by the Maoris as a declaration 
of war. He passed the Suppression of Rebellion Bill subsequently, and 
then desired to try the prisoners of war who surrendered at Rangiriri under 
an Act passed after General Cameron had carried war into their territory. 
Not the injustice bnt "complications " in case of disallowance of his unjust 
Bill alarmed him. 



186 NEW ZEALAND. 

Sir George Grey pointed out that already the imprisonment 
had lasted five months. Arms had been taken, houses and crops 
destroyed. The prisoners had lost the means of life. Their 
lands were deemed forfeit, and, though it was contemplated to 
give back small portions, without implements or stock the resti- 
tution would be of little worth. " In addition to these punish- 
ments it is now proposed to bring all these prisoners, without 
reference to degrees of guilt, or services, or conduct (prior to the 
disturbances), to trial before military courts for high treason, and 
then the trial being over to determine what their ultimate dis- 
posal shall be, keeping them however in safe custody until peace 
is established. The Governor much regrets that his Ministers 
should have rejected his earnest solicitations in favour of the 
chief Te Oriori. He believes that many lives would have been 
saved by a compliance with his request. . . . The course pursued 
in this matter has driven many natives to desperation, and has 
filled others, who have as yet taken no part in the rebellion, 
with distrust." No captive New Zealand chief generously 
treated would break conditions on which he might obtain his 
liberty. On the whole, believing that what his responsible 
advisers proposed surpassed in severity any punishment which 
Great Britain had inflicted in like cases, he would not take upon 
himself the responsibility of giving effect to their advice. He 
appealed to them to consider his position. In England the 
Crown was not active in giving the absolute orders to suppress 
riot or rebellion. Some functionary was held responsible. In 
New Zealand, the Governor was compelled to issue orders to the 
military and naval authorities. Ostensibly the orders were his, 
really they were those of Ministers. Yet no doubt he would be 
held responsible by the Home Government if any act of his 
should "appear to the Government and people of England 
unnecessarily severe or unjust, or to have a tendency to prolong, 
without sufficient object, a civil war." If he remembered at 
this juncture his acceptance of the resolutions of the House in 
August, 1862, on the ground that practically while he was in 
New Zealand the result would be the same, his reflections must 
have been bitter. Mr. Whitaker replied that the objection to 
release any prisoner on parole was insuperable ; that Te Oriori 
had claims for consideration, but was infirm of purpose, and 



TREATMENT OF PRISONERS. 187 

could not therefore be trusted ; and that Ministers had not such 
an exalted opinion of the parole of a New Zealand chief as the 
Governor had. With taunting truth the arrest and long im- 
prisonment of Rauparaha by Sir George Grey, in 1846, was now 
thrown in his teeth by the men who had used his influence in 
obtaining troops and his administrative ability in the commence- 
ment of the war, and would make him their slave when they 
were presumptuous of success. As for the general question of 
responsibility, there were differences between the English and 
Colonial Government ; " but if his Excellency means that respon- 
sibility for the acts of the Government in New Zealand rests 
with him, and not with Ministers, they feel it to be their duty 
respectfully to express their dissent from that view." 

A dreary correspondence of this kind was protracted for months. 
In vain Sir George Grey furnished a report from the interpreter 
serving with the forces (28th April, 186-i) showing that Rewi 
though anxious to make peace was deterred by the treatment of 
the prisoners, and distinctly complained that they had been led 
to believe that on giving up their arms they would be permitted 
to live freely within the lines of the troops. This rumour Mr. 
Whitaker said was not to be disregarded, but too much weight 
should not be attached to it. Friendly chiefs piteously entreated, 
but in vain, that the captives might be allowed to leave the hulk 
and live on shore. Sir George Grey (29th April) said that he 
feared the recent slaughter at Orakau, including women, might 
with justice be traced to the unexplained detention of the 
prisoners, especially of Te Oriori. He felt a serious responsi- 
bility, and dreaded a recurrence of such events. " He has done 
his utmost at all times to promote the views of his Ministers, 
and wished to show that on a point where he felt so strongly, a 
responsibility really rested on him, which gave him a strong 
claim on their consideration, which he hopes they will yet 
recognize." He might as well have appealed to the timbers of 
the hulk in which the prisoners were immured. Mr. Whitaker, 
professing a desire to be compliant, regretted the difference 
which had arisen, but would not consent to release any one of 
the prisoners. Mr. Fox asserted that they were very comfort- 
able and in excellent health in the hulk ; but the principal 
medical officer in the colony, and the sanitary officer for the 



188 NEW ZEALAND. 

troops, reported otherwise, and that the seeds of disease were 
being sown in the captives by reason of the unfitness of their 
prison. A special request was made to Mr. Fox in May for 
straw mattresses, in order that these prisoners of war might not 
be compelled to sleep upon hard boards. (In the same month 
the surgeon in charge reported that Te Oriori and six others 
should at once be removed to the shore, where with " exercise- 
and other hygienic measures they will be allowed a fair chance 
of renovating their shattered constitutions.") It was not until 
nearly a month after this request was made to the hard-hearted 
Minister that it became known to the Governor. Mr. Fox, 
when reminded of this concealment, roundly told Sir George 
Grey (June, 1864) that the Ministry only were responsible, and 
that it was not customary to lay before the Governor reports on 
" other prisoners in the various gaols of the colony." On the 
4th June, the first winter month, the sanitary officer of the 
troops reported that " None of the prisoners had anything to lie 
upon save the deck of the ship." Such being the conduct of 
his Ministers it was well that Sir George Grey referred the 
question of principle to the Secretary of State. On the 6th 
April he had narrated the facts up to that date. On the 7th 
May he had asked that, if it were deemed necessary, he might 
receive commands on the subject. He wrote to the Duke of 
Newcastle, but that nobleman did not receive his letter. Early 
in 1864 the Duke's health failed, and he retired. He was 
succeeded in April by Mr. Card well. It would have been well 
for humanity, and might have restored the feeble statesman, if 
he had retired earlier, and left to the firmer grasp of Mr. Card- 
well the reins which he had held to so little purpose. As it 
was, he died in a few months. The evil effects of his sanction 
of the Waitara rapine could neither die nor be forgotten. 

Mr. Cardwell's decision as to the captives may be told here. 
To Sir George Grey's first recapitulation of his difficulties he 
replied (June, 1864) that he was led to conjecture that if the 
Ministry had concurred in a definite and generous course, evils 
and loss of life might have been avoided. " On this I think it 
necessary to observe, that while I fully recognize the general 
right and duty of the Colonial Government to deal with matters 
of native policy, properly so called, I consider that while active 



MR. CARDWELL'S JUSTICE. 189 

operations are being carried on under the conduct of Her 
Majesty's officers, and in the main by Her Majesty's military 
and naval forces, it is for the Governor personally as represent- 
ative of the Imperial Government to decide upon the fate of 
persons who are taken prisoners in the course of these military 
operations. And although, before adopting any such decision, I 
should wish you to obtain the advice, and if possible the con- 
currence, of the Ministers, I do not consider that concurrence 
indispensable. But, subject always to the positive law of the 
colony, I hold you entitled to determine, and I look to you for 
determining, whether such prisoners or any of them shall be 
released on parole or otherwise, or whether they shall be kept 
under such control as may legally be applied to them as 
prisoners of war, or whether they shall be handed over to the 
civil authorities to be dealt with as criminals. I shall therefore 
be fully prepared to support you, in case you should have thought 
it necessary, with or without the consent of your Ministers, 
so to deal with these prisoners as, in your opinion, the public 
interests may have required." At a later date (26th July) Mr. 
Cardwell treated the subject at greater length. Adverting to Sir 
George Grey's statement that the Governor would be held respon- 
sible in England if needless severity were used, Mr. Cardwell 
said : " You appear to me rightly to interpret your position in 
the observations you have addressed to your Ministers." On 
the 26th May, he had written : " I entirely anticipate that your 
Ministers will be animated by a just sense of the exertions and 
sacrifices which have already been made by the mother country, 
and that on colonial grounds they will be as anxious as you can 
be yourself to terminate the present hostilities. But it is my 
duty to say to you plainly that, if unfortunately their opinion 
should be different from your own as to the terms of peace, Her 
Majesty's Government expect you to act upon your own judg- 
ment, and to state to your Ministers explicitly that an army of 
10.000 English troops has been placed at your disposal for 
objects of great Imperial, and not for the attainment of any 
mere local, object ; that your responsibility to the Crown is para- 
mount, and that you will not continue the expenditure of blood 
and treasure longer than is absolutely necessary for the establish- 
ment of a just and enduring peace." Of these words he now 



190 NEW ZEALAND. 

reminded the Governor. As to the wisdom of releasing Te 
Oriori, only presence on the spot could justify an opinion. Mr. 
Cardwell gave none. " What I do feel it my duty to say to you 
plainly is, that the aid of the mother country in men and money 
is given to the colony on the understanding that the military 
measures which have unhappily become necessary shall be 
directed by you in concert with the distinguished General in 
command. I shall be perfectly ready to support you in any 
measures which, not breaking any positive law of the colony, 
and after consulting with the General, you may have thought it 
necessary to take." The Whitaker Ministry would not consent 
to the publication of these despatches in the usual prompt manner. 
They doubtless deplored the events which had placed in the 
Colonial office so clear a judgment as that of Mr. Cardwell. On 
the general policy to be pursued he was equally decided, and 
a remarkable despatch (26th April, 1864) will demand special 
consideration. 

At the resumption of warlike operations, the state of the 
tribes may be summarily stated thus : Dr. Featherston, Super- 
intendent at Wellington, visited the west coast, and found Wi 
Tako friendly to the English, although not severed from loyalty 
to the Maori king. The capture of Rangiriri was commented 
on with evident knowledge of the scene of operations. The 
chiefs " were highly pleased at* the fraternizing of the soldiers 
with the natives at Rangiriri, with the compliment paid them 
by General Cameron, and the kind treatment (as they believed) 
the prisoners were receiving." Dr. Featherston temporarily 
adjusted a dispute about land between the Ngatiapa and the 
Rangitane and Ngatiraukawa tribes. At the discussions the 
natives showed " calmness and moderation." For a time, as far 
north as Wanganui, the west coast was, in February, 1864, 
deemed safe. In March, Colonel Warre, commanding at 
Taranaki, captured without loss the rebel positions at Kaitake, 
near Oakura, and at Au Au. " The beautiful practice of the 
Armstrong guns set fire to a wha-rS " at the very hour fixed for 
an advance, and availing themselves of the " fortunate accident," 
under cover of the smoke assaulting parties entered the works, 
from which the Maoris rapidly escaped, having wounded only 
two soldiers by a sustained fire. In April, having employed 



HAU HAU SUPERSTITION. 191 

flying columns to destroy the Maori crops and cultivations, 
Colonel Warre reported that "every acre of cultivation was 
cleared within twenty miles to the south of Taranaki." In the 
same month, Captain Lloyd, 57th Regiment, with a reconnoitring 
party of about 100 men, in the act of destroying a Maori plant- 
ation, was surprised by an ambuscade at Te Ahuahu. He and 
six others were killed in the retreat, and twelve were wounded. 
Tne heads of Captain Lloyd and five others were cut off and 
carried away. There was a rumour that this atrocity was pro- 
voked by the taking of the head of a Maori by a European for 
scientific purposes ; but on investigation the occurrence was not 
proved. At the end of the month a large body of Maoris, after 
dancing their war-dance, attacked a redoubt at Sentry Hill. 
Captain Shortt, 57th Regiment, had ordered his men to sit 
concealed till told to fire. When the Maoris approached they 
were met by heavy volleys and shells from a cohorn. They fled, 
leaving more than thirty dead and many wounded. Only one 
soldier was wounded. Colonel Warre reported that the con- 
fidence shaken by the death of Captain Lloyd was entirely 
restored. " Our vengeance has been at least five-fold ; and to 
show how we appreciated the desperate gallantry of the natives 
I sent to offer to return them their dead, but they had not the 
courage to send for them, and they were buried near the 
redoubt." 

It was noticed that in the advance of the Maoris they had 
halted strangely, and the reason was afterwards discovered. 
Sir William Martin's prediction had proved true. The faith of 
the perfidious Pakeha was discarded. A new creed had been 
coined to stir the tribes to battle and murder. The sword of 
the Lord and of Gideon was in their hands to smite the Pakeha 
and all unfaithful to the Maori king. The great day of deliver- 
ance was to be in December, 1864. The followers of the new 
religion were to be called Paimarire. It was called Hau Hau 
from the use of that sound in its ritual. It was said that when 
Captain Lloyd was slain, the infuriated Maoris had reverted to 
their national atrocity of cannibalism ; and that the blood of 
some of the victims was drunk in savage triumph. Then the 
heads were buried. In a few days they were dug up, and a 
mad or knavish Maori, Te Ua, declared that- the Angel Gcibriel 



192 NEW ZEALAND. 

had communicated to him a new religion, of which the officer's 

head was to be a notable symbol. When false reports were 

daily mingled with truth, when Maoris were maddened by the 

burning of their homes, and were more willing to die than to 

submit, the new faith was hailed as an excitement like the 

dram of the drunkard. Emissaries were sent to distant tribes 

to pave the way for it. Mr. Fox insisted that the king-maker 

was a convert. Letters attributed to him were produced with 

the concluding word Paimarire. Te Oriori, however, assured 

Sir George Grey that some of them were not written by the 

king-maker ; and in December, 1864, a Maori averred that he 

was opposed to the Paimarire. The man, Te Ua, was not alone 

in his crazy confidence. There were other mad prophets. One 

of them, Hepaniah, officiated at the attack on the Sentry Hill 

redoubt. He professed to be invulnerable. On a moonlight 

night, with wild gestures, and singing a psalm, he walked to the 

parapet of the redoubt and sat down. A serjeant and a few 

men went out to capture him. The prophet threw a stone at 

the serjeant, hitting him on the throat, and then ran away. 

The surprised men fired a volley. The prophet sat down and 

resumed his psalm. After another volley he retreated. Having 

thus confirmed the faith of his followers, if not his own, he led 

them to assail Captain Shortt in the redoubt. In their advance 

they relied on the incantations of the prophet, and a man, like 

the hero of the night adventure, moved in front of the main 

body. When grape and musketry poured deadly hail among 

them, at first they stood calmly, and their strange leader again 

sung and waved his arms. A rifle-bullet dispelled the charm, 

and when nearly two score had fallen the Maoris fled. The 

brother prophets declared that Hepaniah had offended the Angel 

Gabriel, and one of them, Matene, went southwards to make 

fresh converts, and attack the settlement at Wanganui, which 

so recently was thought by Dr. Featherston to be safe. Matene 

applied to the Wanganui natives for permission to pass down 

the river. It was refused. The prophet was willing to wait 

two months, but He mi Nape, Mete Kingi, and others, tired of 

negotiations, challenged him to battle on the island of Moutoa, 

in the river Wanganui. There was apprehension in the English 

settlement, where the real force of the rebels was unknown. It 



BATTLE OF MOUTOA. 193 

was supposed that some of the Waikato natives had joined them. 
In the settlement there was a garrison of 300 soldiers. Matene 
accepted the challenge sent to him. Neither army was to 
surprise the other. The time appointed was daybreak on the 
14th May. The island was about 300 yards long, 20 wide, and 
about 15 high. At daybreak Hemi Napi was posted at the 
place where the Hau Haus were to land. Mete Kingi followed 
with the reserve. The advance party was in three bands : ten 
men were commanded by Kereti, nine by Hemi and Riwai, 
fifteen by Aperaniko and Haimona. The river was low, and 
the friends of the English on the left bank could wade easily 
to and from the island. From the right bank the Hau Hau 
fanatics had to move in canoes, from which they were allowed 
to land without opposition. They also formed advance com- 
panies with a reserve in the rear. There were not 150 of them, 
and many were boys. The Wanganui army was nearly 300 
strong. When the Hau Haus had formed their battle-array 
within twenty yards of their enemies, they commenced their 
incantations, and continued them for two hours. Like Hepaniah 
they thought themselves invulnerable, and believed that their 
enemies would be' nerveless. A Hau Hau fired a shot. The 
forces slowly advanced, and when within ten yards of each other 
fired volleys with mutual effect. Kereti's fall dispirited his 
friends. When Hemi and Riwai were also killed, the army fled 
in terror, and some crossed to the river-bank. Haimona reach- 
ing the end of the island, shouted, " I will go no further," rallied 
a few less superstitious than the rest, poured a volley into his 
pursuers, was joined by Mete Kingi with the reserve, and drove 
the enemy with loss to the end of the island whence a few escaped 
in a boat, the swimmers being shot in the river. Matene, 
wounded thus, reached the bank, but was followed by a swimmer, 
Te Moro, who tomahawked him on land. Forty were left dead 
on Moutoa : many sank in the river. Among the friends of the 
English twelve were killed, and thirty wounded. The Wanganui 
settlers breathed freely, and in due time the Provincial Govern- 
ment erected in the market-place a monument " to the memory 
of those brave men who fell at Moutoa in defence of law and 
order against fanaticism and barbarism." 

Meantime, rumours of the intended attack had brought Dr. 
VOL. n. o 



194 NEW ZEALAND. 

Featherston with a band of the Colonial Defence Force, to 
Wanganui. Landing there the day after the battle, he found 
the settlers enthusiastic in praise of the heroism of their allies. 
On the 17th, Hori Kingi and others proceeded up the river in 
canoes. Dr. Featherston followed, lamenting that some settlers 
grudged the supply of arms and ammunition to the friendly 
chiefs. The voyage was prolonged by repeated (tangi) wailing 
for the killed, in which the chiefs indulged. The victorious 
natives were found at Ranana. They wanted ammunition and 
guns. Hori Kingi wanted something else. He besought Dr. 
Featherston to release the prisoners, or at least Te Raimona. 
"We have fought for the Queen and to protect the Pakeha. 
We have killed in battle many of our nearest relations and 
friends. We have taken others prisoners. Have we not done 
enough ? Must we surrender them to be sent to Auckland, or 
Wellington to gaol ? But if they must be surrendered, what- 
ever you say shall be done. Cannot Te Raimona be given up 
to us ? He is nearly related to every chief of the river." Dr. 
Featherston replied that he was bound to insist on the prisoners 
being handed over to him. As the fleet of canoes, with 150 
armed men, passed the place where Te Raimona lay, Hori Kingi 
said : " Featherston, my heart is very dark about my children, 
especially Te Raimona. This is the first time I have passed 
this place without calling ; the hearts of all the chiefs and their 
people are dark . . . many of our people prayed this morning 
that they might be excused from joining in this expedition. 
You have said they are the Queen's prisoners and must be 
surrendered to her. We come to surrender them. But still 
our hearts are sad. . . ." At this appeal the man overcame 
the official in Dr. Featherston. " To understand and appreciate 
its pathos (he wrote) every word must have been heard and the 
speaker seen." He promised that if Hori Kingi and other chiefs 
would write to the Governor he would support their prayer for 
a pardon. The old chiefs eyes glistened with delight ; he sprang 
up, hailed the five canoes in advance to stop, and gave them in 
a few figurative words what appeared a mere hint of what Dr. 
Featherston had said. "But this was quite sufficient; the 
gloom which had hung over them instantly disappeared ; a cry 
of joy burst from the whole of them, and off they started, plying 



Wi TAKO NGATATA. 195 

their paddles with tenfold vigour, and there was no longer 
silence, but the usual cries and songs resounded from every 
canoe." 

There were discussions with Pehi, a chief friendly to the 
Maori king. He had dissuaded the prophet Matene and the 
" mad dogs " who were with him, but -he was urgent against 
the surrender of the prisoners. They were surrendered. In 
Wanganui there was public grief when Hemi Napi and a brother 
chief were buried. The garrison, the civilians, and many settlers 
were in the funeral procession, and the general sympathy deeply 
affected the Maoris. Dr. Featherston reported that " kingism 
was doomed, and that there was never so little prospect of the 
peace of the west coast being disturbed." Hori Kingi's elo- 
quence was not spent in vain. Sir George Grey, with the con- 
currence of his Ministry, handed over all the prisoners to the 
friendly natives on parole. The light and darkness of Maori 
life were never more strangely exemplified. At the pah where 
Te Raimona was delivered to Dr. Featherston, Matene's men 
had dug two large ovens in which to cook the foes, at whose 
intercession the Hau Hau prisoners were now to be released. 
Dr. Featherston's influence did much to ensure peace. Wi Tako 
Ngatata, who had leaned to the Maori king, would not ally 
himself to the " mad Hau Hau prophets." " My kind of kingism," 
he said, " would never have ended thus. It was calculated to 
bring forth good fruits only. I have nothing to be ashamed of 
when I meet the tribes. I was faithful to kingism till it died> 
and I had no hand in its death." In a clear and distinct voice, 
on the 3rd June, 1864, he took the oath of allegiance, and his 
subsequent exertions mainly contributed to suppress disaffection 
in the southern parts of the island. 

Captain Lloyd's head was supposed to have been lost in the 
river at Moutoa. In June, the interpreter to the troops at 
Wanganui (Mr. Broughton) heard that it was at Waitotara in 
the hands of Te Ua. He went alone to ask for it, and saw 
100 armed men led by Hapurona, Te Rangitake's fighting 
chief. Te Ua gave to him a head which officers of the 57th 
Regiment believed to be that of their late comrade. Mr. Fox, 
meanwhile, was warmly welcomed at Kaipara by a tribe, which 

in ancient times had suffered much at the hands of the Waikato, 

o 2 



196 NEW ZEALAND. 

and some amongst whom gloated over the defeat of their former 
foes. He encouraged their triumph. 

Must not the prophecy of Sir William Martin have run like 
iron into the hearts of any who were capable of remorse for 
provoking the war ? Eighteen years had passed since he had 
said that the confiscation and seizure of land proposed by Earl 
Grey would, if adopted, make Maoris think the English a nation 
of liars, and cause them to abandon the faith they had accepted, 
and which the givers so unworthily departed from. The deed 
done at Waitara had justified the fears, and the wild orgies of 
the new sect convinced the most sceptical of the wisdom, of the 
good man whom Colonel Browne, and Mr. Richmond, and at a 
later date Fox and Whitaker, refused to regard. In 1864, the 
Government forces took possession of various places in the 
Waitara district. A strongly-fortified pah, Manutahi, was 
abandoned after trifling resistance, and Te Arei at Pukerangiora, 
which the General had approached by sap, in 1861, fell into 
Colonel Warre's hands in October, without a struggle. He was 
piloted by the friendly natives, and the enemy were few in 
number. Neither Rewi, nor Te Rangitake, nor Hapurona were 
there. Rewi and the men of Ngatimaniapoto had serious work 
at their own homes. Colonel Warre scoured the country, de- 
stroyed villages wherever he could find them, and having driven 
men, women, and children from their homes to fastnesses or 
wilds in the interior, formed a redoubt at Te Arei, with a strong 
garrison. 

The attitude of the Ngatikahungunu tribe, whose territory 
extended on the east coast from Wellington to Napier, was an 
object of concern to the Government. There were feuds be- 
tween the tribes on the Wairoa river. Major Whitmore, Civil 
Commissioner at Napier, urged them to be reconciled and 
accept one law for all. As to the Maori king, he did not 
complain of their sympathy with the idea of native union ; but 
let them not add flames to war. In Waikato the English were 
at war merely because Englishmen had been murdered. Let 
not the east coast tribes interfere. The Maoris were at the 
time troubled by cases of adultery, and wished Major Whitmore 
to help them to a law of divorce, but he was unable to give 
them comfort. At the meeting no less than 600 Maoris were 



PATERANGI. 197 

guests. Major Whitmore reported that it was possible to keep 
on good terms with the Ngatikahungunu, but that men had 
gone to the war at Waikato from the Ngatiporou at the East 
Cape and from the rugged Uriwera territory. The Bishop 
of Waiapu (William Williams) reported much ferment in 
February at Poverty Bay on the subject of land confiscations- 
The natives wanted to see the Governor. Meanwhile, the 
war at Waikato, and the intended devastation at Tauranga, 
which was frustrated for a time by the Civil Commissioner's 
prudence, occupied attention. Having occupied Ngaruawahia 
without opposition in December, 1863, General Cameron, 
after a few weeks, advanced along the Waipa river to Te 
Rore. 

The Maoris were entrenched at Paterangi, situate in a country 
where, in what was called the great Waikato plain, low ridges 
and mounds are surrounded or intersected by swamps and wind- 
ing valleys with swampy hollows. High fern intermingling 
with flax and low manukau scrub gave cover to scouting 
parties. A few miles to the south-east were Te Awamutu, 
whence Mr. Gorst had been expelled, Kihi Kihi (Rewi's chief 
residence), and Rangiaohia, all situate in one of the richest parts 
of the Waikato champaign. Thence large quantities of wheat 
had been sent to Auckland in years gone by, ministering to the 
wants of the colonists, and supplying the Maoris with means to 
procure fire-arms. The Paterangi works of the Maoris were 
unusually intricate. Line upon line of zigzag rifle-pits inter- 
sected the slopes of fern-covered ridges. The General bom- 
barded from a distance, but made no impression, and his Maori 
allies advised him not to attempt to storm. The Bishop, writing 
from the camp at Te Rore on the 4th February to a son, said 
that the Maoris had " so strengthened their position by earth- 
works that the General is obliged to proceed cautiously and 
systematically. The popular idea of 'rushing' seems to have 
been abandoned since Rangiriri." On the llth February, about 
50 soldiers were fired at on their way to bathe in the Manga- 
]>iko river. Colonel Waddy sent reinforcements, and the Maoris 
only escaped destruction in consequence of the uneven and fern- 
covered nature of the ground. The General witnessed the 
skirmish, and highly praised the officers engaged. Lieutenant- 



198 NEW ZEALAND. 

Colonel Havelock reported that the action cost the Maoris 28 
men killed, and two wounded prisoners. Of the English, six 
were killed, and a few wounded. The hero of the assault upon 
the Maoris engaged in religious service at Paparata was lauded 
for his activity on this occasion, when those whom he attacked 
were not principally women and children. As regarded the 
inclusion of women in the horrors of war, the General, with the 
aid of the Forest Rangers, was about to do a deed which 
contributed to forfeit for Bishop Selwyn his place in Maori 
affections. The Bishop hoped, by accompanying the troops, to 
soften the rigours of war, and to administer consolation to the 
wounded without regard to the side on which they had fought. 
But the Waikato tribes would not believe that man to be their 
friend who marched with their enemies. 1 He was fired at as he 
rode from post to post, but as of yore at Kororarika he went 
about the field of battle to succour the wounded. On one 
occasion he was with an officer carrying a wounded enemy- to 
the camp, and meeting two soldiers received their help. As he 
carried the relieving soldier's rifle, he was reproached for having 
acted in so warlike a manner. 

Wiremu Nera strove to induce the tribes to make peace. He 
found the king-maker at Maungatautari, willing to remain quiet 
if not attacked. Others were more warlike. But at Paterangi 
neither the Ngatimaniapoto, under Rewi, nor the Ngatiraukawa, 
nor any others, would listen to persuasion. One chief stood up 
and said, " Welcome, welcome, son. Peace shall not be made. 
If we are to die we will die in Waikato." Unable to influence 
his brethren, Wiremu Nera returned to the General and pro- 
vided him with guides. One service rendered to the General 
by the friendly Maoris was in deterring him from assaulting 
the intricate lines of Paterangi. Within them the Maoris, 
provided with potatoes for immediate wants, longed to be 
attacked. Their chief depot for food was at Rangiaohia, and 

1 Writing to a brother Bishop, Selwyn said in 1863: "I have now one 
simple missionary idea before me, that of watching over the remnant that 
is left. Our native work is a remnant in two senses, the remnant of a 
decaying people and the remnant of a decaying faith. The works of 
which you hear are not the works of heathens ; they are the works of 
baptized men whose love has grown cold from causes common to all 
churches of neophytes from Laodieea downwards." 



RANGIAOHIA. 199 

thither the General proceeded at midnight on the 20th Feb- 
ruary with a force of about 1100 men, to surprise the encamp- 
ment, and annihilate the Maori commissariat. Colonel Waddy, 
with about 600, remained at Te Rore in front of Paterangi. At 
daybreak the General pushed on from Te Awamutu to Ran- 
giaohia. " The few natives who were found in the place," he 
said, " were quickly dispersed, and the greater part escaped, but 
a few of them taking shelter in a wharS made a desperate 
resistance until the Forest Rangers and a company of the 65th 
Regiment surrounded the whare, which was set on fire, and the 
defenders either killed or taken prisoners." This was the 
official method of telling, or concealing, that women and children 
were burned to death. For the credit of General Cameron it 
may be hoped that when he thus wrote, four days after the 
occurrence, he did not know the truth which was subsequently 
notorious. 

Of what avail was it to preach peace to the Maoris, and tell 
them to be merciful, when a British force, commanded by a 
General, and accompanied by a Bishop, burnt women and children 
in a Maori house ? Was it to be wondered at that a great grief 
came upon the Bishop when he heard that a plot was laid by the 
enemy to take his life ? The successful General returned to Te 
Awamutu with 21 women and children who were not burned 
He had fluttered the Maoris effectually. Though their men of 
war were at Paterangi and Maungatautari, their principal food 
stores, such as they were, were at Rangiaohia. That food was 
now destroyed, though the General did not think it worth his 
while to mention the fact in reporting his exploits. The grief of 
the Maoris at Paterangi was intense. They had expected the 
General to fight according to Maori principles with the foe ready 
to meet him. They had not dreamed that heavy guns and a 
large body of troops would be turned aside against women and 
children. Their rage at being outwitted by the flank-movement 
which left them idle, and destroyed their food and plantations, 
was exaggerated by the burning of their wives and children. 
Gathering their ammunition together they evacuated Paterangi > 
and were seen moving to Rangiaohia on the morning of the 22nd 
February, at which time also Colonel Waddy and his forces found 
Paterangi empty. The General marched against a band of 



200 NEW ZEALAND. 

Maoris between Rangiaohia and Te Awamutu in the afternoon 
of the 22nd, and thought that at least 30 of them were killed. 
But for the fern it would seem strange that all were not 
destroyed ; for only by concealment could a Maori hope to see 
an enemy within the range which his fire-arms could cover, 
while rifles laid the Maori low at long ranges. The main body 
fled through a swamp towards Maungatautari, where a pah 
was in course of construction. On the 21st eight, and on the 
22nd twenty-one, English were included in the returns of 
killed and wounded. The General's camp at Te Awamutu 
was but a short distance from Rewi's Kihikihi settlement, 
and both were near Orakau, soon to be rendered famous in 
New Zealand story by deeds which extorted admiration from 
enemies. 

Two documents written at this period may be referred to 
with advantage. Mr. Whitaker, on the 29th February, to 
allay the Duke of Newcastle's apprehensions lest the Maoris 
should be embittered by confiscation of land, stated in a 
formal minute drawn up for transmission to Downing Street 
that " though the proceedings of the Government were at first 
naturally looked upon with some anxiety and distrust by the 
natives, those feelings have much subsided generally, and in 
some instances complete confidence has been established in the 
intentions of the Government ; " and that " every means have 
been taken to persuade the Maoris in general, that the property 
of innocent persons and tribes will be strictly respected, and 
that the measure of punishment will be apportioned to the 
degree of guilt." 

Sir George Grey transmitted the minute with an intimation 
that it showed that the Ministry fully recognized the wisdom 
and propriety of the Duke of Newcastle's views, and would 
fulfil their duties prudently and justly. Yet, at that date, Sir 
George Grey was vainly imploring for the release of Te Oriori ; 
and Mr. Whitaker had officially urged, with regard to the 
Settlements Act of 1863, that, if innocent native occupants 
could not be evicted under it, the Act would be almost useless. 
Mr. Whitaker's false minute was scarcely dry when Ahipene, a 
loyal chief, wrote from Waiuku (1st March) to Mr. Fox, saying, 
that he heard from trustworthy sources that the obduracy of 



AHIPENE DESPISED BY Fox. 201 

Waikato was caused by distrust of the Government, and fear 
that if the chiefs should submit they would be tried, transported, 
and put to death. " This is the cause of their sadness, and in 
persisting in their evil course unto death. The heart of our 
sister Ngawai, when she heard these words, started with love to 
her people, and a desire to hear your words and those of the 
Governor, and to go to Waikato to suppress the evil, and cause 
the fighting to cease. ... It is for you to decide. ... If 
you think well, I and Waatu Kukutai would take our sister to 
make peace with the chiefs, and cause their king to be sup- 
pressed, their flag to be given up, and the instruments of war to 
be surrendered." 

Mr. Fox paid no attention to Ahipene's entreaty, but on the 
9th March said that on his return from Kaipara Ministers would 
think about the prisoners. He sent a draft proclamation which 
might be issued after the taking of Maungatautari. It was 
addressed to the hostile tribes, who " have been very obstinate, 
and now their land, the land of Waikato, is gone." The 
Government would give them " one more chance." Let every 
man bring in his weapons and sign a declaration of submission. 
" Then let him go to whatever place the Government shall tell 
him to go to ; let him live there till it shall be pointed out to 
him where shall be his permanent place to reside." But " mur- 
derers shall not be forgiven." This announcement it was pro- 
posed to make to the widowers and orphans of Rangiaohia. 
Burial-places and homes, however venerated and beloved, were 
to be abandoned to the invader, at whose dictate the exiles 
were to be permitted to breathe. Subsequently (6th May, 
1864) Mr. Fox vilipended Ahipene's appeal. The chief was 
not "trustworthy or disinterested;" some of his "immediate 
relatives " captured at Rangiriri were on board the hulk, and 
his assertion as te the injurious effect of their confinement was 
only made to procure their release, and was " not in the opinion 
of Ministers of the smallest value whatever." It was time for 
Mr. Cardwell to come to the rescue when Whitaker and 
Fox, dressed in brief authority, were prepared to use Her 
Majesty's name and wield Her Majesty's army in enforcing 
such behests. But pervicacious as they were they could not 
shake off all regard for public opinion. England could not be 



202 NEW ZEALAND. 

expected to thrust injustice upon the Maoris at the point of 
the bayonet. 

The vigilant Aborigines' Protection Society in London wrote 
in January to Sir George Grey, urging that the war might be 
concluded by negotiation, and expressing alarm at the whole- 
sale land-confiscation proposed in some quarters. Such a policy 
would add fuel to the flames, and drive the Maoris to the 
madness of despair. The philanthropic names of Fowell 
Buxton, Joseph Pease, Newman Hall, S. Gurney, M.P., William 
Howitt, were attached in union with those of the Earl of 
Chichester, Lord Ebury, Sir Walter Trevelyan, Sir Wilfrid 
Lawson, General Perronet Thompson, Mr. F. W. Chesson, and 
many more. Sir George Grey showed his reply to Mr. Fox. 
Premising that some confiscation was needed as an example, he 
added : " That these measures will be carried out in a spirit of 
liberal generosity and of mercy I earnestly hope, and will do 
my best to ensure, and in my efforts to this end I believe that I 
shall be supported by a large majority in this colony." Mr. 
Fox wrote : " The Colonial Secretary entirely concurs in his 
Excellency's observations, and does not think it necessary to 
offer any on the part of the Ministry." But the Ministry after 
a month's reflection changed their minds. They drew up a 
lengthy memorandum on the 5th May, and at Sir George Grey's 
suggestion sent a copy to the Earl of Chichester. They justi- 
fied sweeping confiscation as essential to enforce a moral lesson. 
" The deliberate opinion of Ministers is, that to terminate the 
present insurrection without confiscation of the lands of the 
rebels, making of course ample provision for their future, would 
be to surrender every advantage that has been gained, and 
practically to announce that British rule over the Maori must 
cease, and the Northern Island be abandoned as a safe place of 
residence for Her Majesty's European subjects." l . . . Ministers 

1 When first shown to Sir George Grey, the memorandum contained 
a quotation from a work by the Rev. Mr. Taylor, in which the author 
was quoted as blaming Governor Fitzroy for not having claimed the 
district of Waiaru in 1843, as having been paid for with blood. Sir George 
Grey informed Mr. Taylor (then in Auckland) that from his work an infer- 
ence hud been drawn that the natives would not consider themselves 
conquered unless their lands were confiscated. Mr. Taylor pointed out 
that the condition of affairs in 1843 had no analogy to that of 1864. 



ABORIGINES' PROTECTION SOCIETY. 203 

believe that nothing has been, or can be, more " pernicious to the 
native race than the possession of large territories under tribal 
title, which they neither use, know how to use, nor can be 
induced to use." They animadverted upon the "pernicious 
system of tribal right," but were prudently silent about the fact 
that its maintenance had been guaranteed by the treaty of 
Waitangi. To flourish their determination in the eyes of the 
colonial public, the Ministry resolved to publish their memoran- 
dum, and asked the Governor's permission to publish his letter 
to Lord Chichester. Sir George Grey preferred that the pub- 
lication of his letter should be determined upon by those to 
whom it had been written. Mr. Fox considered that as Lord 
Chichester' s letter had been published in the ' Times ' before its 
receipt, the Governor was released from the ordinary rule, but 
Sir George Grey declined to imitate an informality. 

It is necessary to revert to the operations in the field, for his 
" invaluable services," in which at " great personal risk and 
convenience " the Secretary of State, hi acknowledging military 
reports, rendered to Bishop Selwyn his "sincerest thanks." 
The Department which had spurned the Bishop's counsel at 
Waitara was proud of his countenance at Paterangi. The 
General, meanwhile, hearing that the Maoris were gathering 
together for a final struggle at Maungatautari under the guid- 
ance of the king-maker, resolved to reduce their stronghold 
there Ti Tiki o te Hingarangi. His own head-quarters were 
at Pukerimu, where spurs from the Maungatautari range trend 
to the left bank of the Waikato river, above the modern town 
Cambridge. He could there obtain supplies by the waters of 
the river. The Maoris had miscalculated the facilities with 
which ample resources could provide the military commissariat 
at points remote from Auckland. Their own scanty stores 
had suffered in the ravages at Rangiaohia. After evacuating 



Independent tribes had taken up arms under an impression that their lands 
would be seized, and the knowledge of an intention to confiscate the entire 
territory of the hostile tribes would prolong the war to the last extremity 
in every corner of the island, whereas if honourable and liberal terms were 
offered it was probable that so shrewd a race as the Maoris would lay 
down their arms. With ill-concealed chagrin Mr. Fox, after numerous 
minutes, withdrew Mr. Taylor's name from his letter to Lord Chichester. 



204 NEW ZEALAND. 

Paterangi many of them appear to have been scattered in 
various bands near the Puniu river. Most of the women and 
children were removed southwards towards the upper waters of 
the Waipa. Some ammunition was secreted in convenient 
places, but the Maoris did not at once select a new place of 
defence. Brigadier-General Carey was stationed with a large 
force at Te Awamutu. A band of Maoris roving over their 
desolated land were passing Orakau, about three miles from 
Kihikihi (and as far from Te Awamutu), when one of them said : 
" This is my father's land. Here will I fight." The chiefs 
began to discuss the matter, but he was resolute, and his 
impetuosity prevailed. There was no apparent strength in the 
position. It was one of those low rolling mounds which 
characterized the country. Northwards the land sloped down- 
wards almost imperceptibly to a patch of forest. Westward it 
was almost level with Orakau. From the south-west a ridge 
curved round by the south to the south-east at a distance 
varying from 250 to 350 yards, leaving a hollow between the 
pah and the crest of the ridge at the south-east. Eastward 
there was a gentle slope, and across a gully at a distance of 
several hundred yards the land rose again to the level of 
Orakau. Beyond the curving ridge was a swamp, at the other 
side of which, at the south-east, rose a steep but not very high 
mound which narrowed the swamp in that direction. South- 
wards the ridge was steep, and about 40 feet high, where it 
overlooked the narrow swamp which separated it from the 
mound which was higher than the ridge. Almost at the 
southern foot of the ridge there was a deep ditch with a steep 
bank above it, which had been made in former times to keep 
cattle from Maori cultivations. The ground was covered with 
fern and occasional flax-plants. On the 30th March, General 
Carey heard that the enemy were constructing rifle-pits at 
Orakau. They had fired upon a party of the colonial forces 
who stumbled by chance upon the spot. He made a recon- 
naissance and resolved to surround the position before it could 
be fortified. He sent 250 of the 40th Regiment by a circuitous 
route to occupy the rear of the enemy. At three o'clock in the 
morning, with about 700 men, composed of Artillery, Engi- 
neers, 40th and 65th Regiments, and about 25 of the Forest 



ORAKAU. 205 

Rangers, he marched past the Kihikihi Redoubt to Orakau, 
taking 150 men from Kihikihi on the way. Captain Blewitt 
was ordered to move from Rangiaohia to the east side of Orakau 
with about 114 men, composed of the 65th Regiment and the 
3rd Waikato Militia in about equal proportions. The three 
forces were to converge upon Orakau simultaneously at daylight. 
The combined forces were more than 1250. The Maoris have 
been variously computed at from 300 to 400, 1 including women 
and children. The Brigadier was in front of Orakau at 
day-dawn. 

The experience gained by Rewi at the Waitara in the con- 
struction of gabions and sap-rollers was used at Orakau. From 
the ridge at the south-west a heavy gun hurled its shot upon 
the pah. Instantly, under his orders, long bundles of fern were 
cut and bound with strips of green flax until an enormous mass 
of yielding fern received the harmless cannon-balls and guarded 
the earthworks. Then he turned to other tasks. Firing was 
kept up throughout the day and night both upon the sap and 
elsewhere. Thus did the beleaguered Maoris spend the night. 
They had no water. Their food was a scanty store of raw 
potatoes and a few gourds. Though taken by surprise, they 
were already, according to Carey's narrative, posted behind 
earthworks, with flank defences, deep ditches, posts and rails ; 
and were sheltered from view by flax-bushes, peach-trees, and 
high fern. The English advanced guard under Captain Ring 
was fired upon, and rushed to the assault. Driven back, it was 
re-enforced and renewed the assault with similar result. 
Captain Ring fell, mortally wounded. Captain T. D. Baker, 
18th Regiment, dismounted, called for volunteers, and led an 
attack which was again unsuccessful. The Brigadier, knowing 
that his subordinates were at their appointed posts on the right 
and in rear of the enemy, determined to take the place by sap, 
the artillery having failed to make an impression on the works. 
Care was taken to prevent escape, and it was deemed certain 
that the enemy thus surprised could have no store of food. In 
the afternoon a large band of Maoris appeared in the Maunga- 
tautari direction. They had come to relieve, but could only fire 

1 General Cameron reported that "they had probably not less than 150 
men killed " out of a garrison not exceeding 300." Despatch, 7th April, 1864. 



206 NEW ZEALAND. 

volleys and dance their war-dance to encourage their country- 
men. The English lines were too strong for them, and shells 
were thrown upon them. The Brigadier himself was re-enforced 
by about 400 men in the course of the day and ensuing night. 
The sap was carried on without intermission. Carey reported 
that futile efforts to escape were made in the night by a few 
Maoris who when fired upon retreated to their works. In the 
morning they fired resolutely at the sappers, but the relentless 
work went on unchecked by casualties. Thus another day and 
another night were spent. 

On the 2nd April, Lieutenant-Colonel Havelock arrived with 
hand-grenades which were thrown " with great effect " amongst 
the besieged. At noon an Armstrong gun was carried into the 
sap. It made a breach, and silenced some of the Maori fire. 
Women and children were in the pah, and the enemy were 
called on to surrender with a promise that their lives should be 
spared. They answered : " Ka whawhai tonu ake, ake, ake." 
"We will fight to the bitter end, for ever and ever." The 
interpreter urged them to send out the women and children. 
They answered : " The women will fight too." But they 
suffered severely in the rifle-pits which they had not had time 
to construct carefully. The oblong rifle-pit of the Maori held 
five or six men. At two of its angles it communicated with 
other pits so that men could pass from pit to pit along the line. 
Thus was formed a double line of pit.4 with intervals of solid 
earth between each. The hastily-formed Orakau pits did not 
in all cases afford such facilities, and the hand-grenades thrown 
into them so rent the bodies of the Maoris that many were 
unrecognizable. Weary with incessant work, decimated by the 
riving grenades ; athirst, starved, and girt by a ring of fire, the 
garrison would " not yield to kiss the ground beneath the feet " 
of Whitaker and Fox. Though reluctant to see gallant blood 
hopelessly shed, the Brigadier (with whose operations Cameron, 
though present, did not interfere), when the sap was completed, 
ordered an assault. Of a score of men who entered one breach, 
half fell beneath a volley which the Maoris delivered before 
they rushed to their inner works. A second assault at another 
breach fared in like manner. The British officers were con- 
sulting as to the next step to be taken, while the Maoris faced 



ORAKAU. 207 

the fearful truth that their ammunition was almost spent. 
Powder they had, but their bullets were few. And Rewi had 
a store of them buried in the fern some miles away ! Famished 
and athirst apparently without a loophole of escape no Maori 
thought of yielding. In their distress they sang one of the 
hymns taught them by the Christians. Perhaps the Christian 
God would look down in pity. But still the Pakeha pressed on. 
Then sterner, bloodier thoughts succeeded. The superstitious 
savage confounded the Christian God with the deeds done by 
those who profaned His name. The Maori noble would discard 
the creed taught by the robbers of his land. They were a 
nation of liars. While the Bishop and his friends invited the 
Maori to look to heaven, the Pakehas had vilely stolen the land 
from under his feet. The Bishop calling himself a man of 
peace, marched with the soldiers. The Maoris would scorn him 
and all his works. They would appeal to their own god of 
fierce man. Tu-matauenga, with dreadful aspect; Tu-ka riri, 
the angry ; Tu-ka nguha, the fiery ; Tu-ka taua, the war-lover ; 
Tu whakaheke, the man-destroyer ; Tu-mata waita, eye-piercing ; 
surely, by one of his attributes, the great Tu would aid his chil- 
dren, or confound their enemies. They chanted a karakia, or 
imprecation of old days, long disused in Maori land. Their 
voices were heard by the wondering English, who were to 
marvel still more at their daring. At the rear, where the 
thunders of the great gun had been foiled by the flax -bound 
fern, a double line of the investing troops had been thrown 
back l under cover to enable the gun to open fire. Through 
that opening, about four o'clock in the broad day, chanting their 
appeal to the god of battles, and moving steadily as in scorn of 
their foes, the Maoris marched towards the narrow neck of 
swamp between the ridge and mound. Carey said they rushed. 
Mr. Fox writes that an eye-witness told him, " They were in a 
solid column, the women, the children, and the great chiefs in 
the centre, and they marched out as cool and steady as if they 
had been going to church." Rewi ordered that no shot should be 
fired. The little ammunition left was needed for defence in the 
desperate course through the swamp to be crossed on the way 
to the Puniu river. Ere he left his blood-spattered fortification 
1 Brigadier-General Carey's Official Report, 7th April, 1864. P. P. 



208 NEW ZEALAND. 

he must have cast a lingering look on the home of his ancestry. 
On his right to the east stood Maungatautari about fifteen miles 
away, like a sentinel guarding the land on one side of the great 
Waikato plain ; Pirongia at similar distance westwards seemed 
to hold like function by the Waipa. Close to him, on his left, 
was his own abandoned settlement Kihikihi, where his fore- 
fathers' burial-places were now ravaged by the Pakeha. Could 
he but cross the Puniu he might find shelter in the friendly 
forests of Rangitoto looming large in the south. But when all 
looked to him for guidance, prompt action was required. Some 
accounts state that, as if to deceive the troops and gain time for 
the fugitives, a Maori, while his countrymen departed, sprung 
with a white flag on the parapet and was riddled by bullets. 
One chief, more successful, diverted the English for a few 
moments. Wiremu Karamoa walked coolly towards the troops 
and surrendered. 1 Suddenly the truth was known. " They are 
escaping," was echoed amongst the English. Before the Maoris 
reached the ridge in rear, on right and left the soldiers con- 
verged upon them in the ferny hollow, and many fell under a 
cross fire in which some soldiers shot their comrades, and it was 
thought that the Maoris were returning the fire. But Rewi 
husbanded his ammunition still. The devoted band gained the 
ridge, thinned in number, but pressing forward like one man. 
At the base of the outer side of the ridge were a few of the 
40th Regiment keeping outer guard. As the Maoris leaped 
over the old ditch which once protected their plantations a 
bugler sounded a call. " May I not shoot him ? " said one man. 
Rewi said No : but another Maori as he passed the ditch shot 
the bugler dead. The swamp was reached. Many of the 
fugitives gained the mound across the neck of swamp, and there 
a body of cavalry which had ridden to intercept them, slew, with 
the aid of the pursuing infantry, considerable numbers, some of 
whom were women. Wading and plunging through the swamp, 
and using in their hour of need their treasured ammunition, the 
main body gained the Puniu river, and escaped after a pursuit 
which the Brigadier described as lasting "nearly six miles." 
He regretted that " in the pah and in the pursuit some three 
or four women were killed unavoidably, (their dress and hair) 
1 Report of Mr. R. C. Muinwaring to Mr. Fox. P. P. 1864. 



ORAKAU. 209 

" rendering it impossible to distinguish one from the other at 
any distance." He under-rated the number. Amongst the 
wounded were found six, and many more were killed and 
wounded. 1 A report by an interpreter declared " numbers are 
wounded, and I regret to say a large quantity of women." More 
than a hundred Maoris were found dead, and at the most distant 
point of pursuit it was seen that the wounded were carried by 
their friends, while fresh traces of blood in the morning showed 
that the same occupation was followed during the night. The 
English loss was 16 killed and 52 wounded. It was hoped that 
the body of Rewi might be found. The General vainly offered 
a reward of ten pounds for it. The bodies which were not 
shattered were recognized by the friendly Maoris who accom- 
panied the English. The fallen were supposed to have been 
Uriwera, Taupo, and Waikato people. The troops buried their 
enemies, some at the edge of Orakau, and others on the mound 
at the south-east where the cavalry had crossed the fliers. The 
conduct of the troops was highly extolled by the General, who 
returned at once to Pukerimu. Of the Maoris Le said, " They had 
probably not less than 150 men killed out of a garrison not 
exceeding 300. " It is impossible not to admire the heroic 
courage and devotion of the natives in defending themselves so 
long against overwhelming numbers. Surrounded closely on all 
sides, cut off from their supply of water, and deprived of all 
hope of succour, they resolutely held their ground for more than 
two days, and did not abandon their position until the sap had 
reached the ditch of their last entrenchment." 

It was soon ascertained that Rewi had escorted his people to 
Hangatiki and was building a pah there. No man was permitted 
to enter or leave the district without his permission. Thither 
Brigadier-General Carey sent a Maori messenger to press the 
terms of peace offered by the Governor and General. The 
messenger was not allowed to see Rewi, but was told that the 

1 An English soldier described to the author how an unarmed Maori for 
some time protected the women and children fleeing with him. As his 
pursuers approached he turned and knelt down to take deliberate aim. 
Time after time, without firing a shot, he thus arrested the pursuit while 
the women fled. At last he was himself shot, and it was found that his 
gun was not loaded. Some of the women escaped by means of the self- 
sacrifice of this unnamed Maori hero. 

VOL. II. P 



210 NEW ZEALAND. 

terms could not be accepted, lest faith should he broken as it 
had been broken with the prisoners taken at Kangiriri. The 
offers to spare life at Orakau had been refused by Rewi for the 
same reason. He would not by giving up his arms place himself 
at the General's mercy, but he was willing to live in peace if 
unmolested. Sir George Grey bitterly deplored that the obstinacy 
of the Ministry in refusing to release any of the captives gave 
strength to the life-despising despair of the Maoris. The grounds 
of Rewi's distrust reached him a few days after Mr. Whitaker 
rejected his solicitations for Te Oriori's release. The fall of 
Orakau and the scattering of Rewi's force left the Maoris at 
Maungatautiri between two large bodies of English troops. 
They abandoned their pah. Ten thousand English troops had 
pulled down the pride of Waikato. The war was over. A 
generous policy towards the fallen might have touched the 
hearts of a race of whose conduct, at Orakau, Mr. Fox himself 
was constrained to say : " Does ancient or modern history, or 
our own rough island story, record anything more heroic ? " 
As on the west coast, where Major Butler left no Maori culti- 
vation within 20 miles of Taranaki, so in Waikato and else- 
where, where war was waged, crops were destroyed and property 
taken without stint. Ruthless waste was admitted to be the only 
way by which the subjugation of the natives could be effected. 
Those who could not be conquered or captured might be starved. 
Against the king-maker, Te Waharoa, the Ministry had a deep 
grudge, and as he had influence near Tauranga it was determined 
to prosecute the expedition which, in February, had been sus- 
pended in opposition to the wish of the Ministry. But, though 
suspended, it had excited the Maoris. Major Whitmore reported 
in April that the younger and worse-disposed natives had gone 
from Hawke's Bay to Tauranga. They were emulous of the 
ghastly distinction won by their countrymen at Orakau. They 
resented the blockade of the coast. Friendly chiefs were anxious 
to raise forces to assist the English, and Major Whitmore asked 
if he might raise a native contingent. If they objected to war 
against Waikato they would fight elsewhere. Major Whitmore's 
belief in their pugnacity was confirmed two days after the date 
of his letter. The Maoris (Ngaiterangi and others) had advanced 
to their frontier, and built near the boundary of the Church 



THE GATE PAH. 211 

Missionary land a pah, at Pukehinahina, called afterwards the 
" Gate Pah," because, being on a ridge, with a narrow swamp at 
each side, it served as a passage from English to Maori land. 
It was about three miles from the mission station at Tauranga. 
There they waited to defend their territory. Fully expecting to 
be attacked, they sent (28th March) a protocol to the Colonel in 
command, announcing that unarmed persons, and even a soldier 
who turned to the enemy the butt of his musket or hilt of his 
sword, would be spared. On the 21st April, General Cameron 
transferred his head-quarters to Tauranga. On the same day, 
near Fort Maketu, Major Colville (43rd Regiment) reported an 
ambuscade laid and an ensuing skirmish, in which the friendly 
Arawa aided the troops. On the 26th, the General reconnoitred 
the position from the sea. On the 27th, the enemy fired upon 
the English fort. H.M.S. ' Falcon' and the 'Sandfly' arriving, 
shelled their position, and followed the Maoris along the coast 
for twelve miles. The commander of the native contingent, 
Major G. D. Hay, pursued by land. On the 28th, the land force 
being about 400, which was the estimated strength of the enemy, 
there was an engagement at Matata, near the river Te Awaoteatua, 
in which the English allies were successful. Major Hay reported 
that the Arawa behaved very well. More than 50 of the enemy 
were found dead, and it seemed that the Ngatiawa and their 
allies were effectually broken. On the English side there were 
few casualties. A captured chief was assured by Captain 
McDonell that his life was in no danger; but the widow of a 
chief slain in the English ranks openly walked up to the captive 
and shot him dead. On the 27th, the General reconnoitred the 
Gate Pah, and moved thither a large body of troops. On the 
28th, he had assembled a force of about 1700 men in front of it. 
He had one 110-pounder, two 40-pounders, and two 6-pounder 
Armstrong guns; two howitzers, two mortars, and six cohorn 
mortars. In the evening it was ascertained that the swamp on 
the enemy's right might be passed safely, and while a feigned 
attack was made in front, Colonel Greer, with about 700 of the 
68th, succeeded in taking up a position behind the enemy to 
prevent escape. About half a mile in their rear Colonel Greer, 
in the dark, heard the Maoris talking in their redoubt. The 

guns and mortars were put into position in the night. Soon 

p 2 



212 NEW ZEALAND. 

after daybreak on the 29th, fire was opened in front. On a ridge 
about 80 feet in height and 250 yards wide, abruptly falling on 
each side at first, and then sloping on sandy pumice formation 
on each flank to a narrow swamp in a gorge, was an oblong 
palisaded redoubt, guarded by an entrenched line of rifle-pits 
between the side-faces of the redoubt and the swamps. Within, 
the rifle-pits were horizontally covered with sticks and fern, and 
earth heaped above. Under the roof was space for loopholes. 
The redoubt was about 70 yards wide by a depth of 30. About 
100 yards in the rear, as if to invite the English to fire in the 
wrong direction, was planted the Maori flagstaff. For about two 
hours the stratagem was successful, but then a mingled torrent 
of shot and shell hurtled amongst the Maori earth-holes. The 
Maoris made no sign, except when one of them coolly shovelled 
up earth to repair a partial breach. Trained soldiers marvelled 
at the time, as all who have visited the spot have marvelled 
since, at the daring of those dusky warriors. At noon it was 
found that a gun could be moved across the swamp on the 
enemy's left to high ground. Thence an Armstrong six-pounder 
enfiladed the Maoris, and drove them from the left of their 
position. The firing won the General's approval throughout 
the day, and at four o'clock he ordered the assault, "a practicable 
breach" having been made. This time, at least, the Maoris 
were thought to be doomed. There was daylight to kill them 
by, and Colonel Greer was in the rear to intercept fliers. One 
hundred and fifty seamen and marines, and an equal number of 
the 43rd, under their Colonel, Booth, formed the assaulting 
party. A detachment of 170 men was extended as near as 
possible to keep down the fire from the rifle-pits, and follow the 
column into the work. Three hundred men formed the reserve, 
under Captain Hamilton of H.M.S. ' Esk.' The winding ridge 
(commanded only on one side by the Maoris after they had been 
driven in from their left) protected the assailants. When the 
bombardment ceased, and a rocket gave signal for the assault, 
Colonel Greer moved his men close to the rear of the pah. The 
breach was gained; Colonel Booth and Commander Hay led 
the way. As they dashed into the inner trench hardly an enemy 
was to be seen. In the earth-covered rifle-pits and passages, 
which had sheltered the Maoris during that iron hail of ten 



THE GATE PAH. 213 

hours' duration, they were still concealed from sight. But they 
saw the English, and jets of smoke from right and left told 
a deadly tale as gun after gun brought down the confused 
assailants. The fort, which hardly had room for its defenders, 
bore a thickening crowd, who poured into it merely to be shot. 
The check sustained was seen from without. The reserve 
plunged forward to support their comrades, but in vain. In 
that imminent and deadly breach the officers of both services 
threw away life like smoke-wreaths rather than quail. Captain 
Hamilton " fell as he led in the reserve." Colonel Booth and 
Commander Hay, R.N. had fallen. Captains Hamilton, Glover, 
Mure, Utterton, and two Lieutenants, all of the 43rd, were shot 
dead or wounded in that fray so that they died. Captain Glover 
was seen on the ground. His brother, a Lieutenant in the same 
regiment, was carrying him to a place of safety, and was shot. 
Both died of their wounds. 1 The Maoris at such close quarters 
seldom missed, and to miss then would have left them at the 
mercy of the bayonet. In a few minutes scores of the English 
were laid low. Stunned and panic-struck their comrades broke 
and fled. As they went they took no advantage of the ground, 
but were shot on the open surface of the ridge. No man could 
account for the disaster. Some said that by mistake, in the din 
and the rattle of musketry, the word " retreat " was heard and 
acted upon. Some said that the main body of the Maoris had 
rushed to the rear, had encountered the 68th, recoiled; and, 
dashing back to the redoubt to sell dearly the lives they could 
not save, were thought by the astonished soldiers to be a Maori 
re-enforcement, sprung as by magic on the scene. The Maoris 
must have known that escape was hopeless, and it does not 
appear that they sought it before beating back the assault. 
Panic knows no law but disorder. The General could report 
but not explain. " Captain Hamilton was shot dead on the top 
of the parapet while in the act of encouraging his men to 
advance, and in a few minutes almost every officer of the 
column was either killed or wounded. Up to this moment the 
men, so nobly led by their officers, fought gallantly, and appeared 
to have carried the position, when they sudddenly gave way and 

1 They were brothers of Captain Glover who distinguished himself iu 
Ashantee in 1874. 



214 NEW ZEALAND. 

fell back from the work to the nearest cover. This repulse I 
am at a loss to explain otherwise than by attributing it to the 
confusion created among the men by the intricate nature of the 
interior of the defences, and the sudden fall of so many of their 
officers." The Maoris leapt forward to the work of slaughter. 
One of them exposed himself openly on the parapet and taunted 
the fliers as he fired, inviting them to renew the assault. Two 
of the 43rd were brained by tomahawks. The General, on 
reaching the front, determined not to renew the assault until 
morning, but threw up a line of entrenchment within a hundred 
yards of the fatal fortress. 

Colonel Greer's movements are clearly related by himself. 
At daybreak he heard the besieged singing and dancing in their 
pah. A little disturbance was created in his ranks by the success 
of the Maori device in placing their flagstaff in rear of their 
work. The casualty list showed three of his men wounded by 
shells. Once or twice during the day he thought the Maoris 
were disposed to break away to the rear, and, when the assault 
began, he drew so close as to make escape impossible. " About 
five o'clock, p.m., the Maoris made a determined rush from the 
right rear of their pah, I met them with three companies, and 
after a skirmish drove the main body back : about 20 got past 
my right, but received a flank fire from Lieutenant Cox's party 
(68th, 60 men), and Lieutenant Hotham's (30 men) Naval 
Brigade, and 16 of the Maoris were seen to fall ; a number of 
men pursued the remainder. By the time I had collected the 
men again and posted them it was very dark. My force available 
on the right was quite inadequate to cover the ground in such 
a manner as to prevent the Maoris from escaping during the 
night ; in fact I consider that on such a dark wet night as that 
was, nothing but a close chain of sentries, strongly supported 
round the whole rear and flanks, could have kept the Maoris in ; 
and to do that a much stronger force than I had would have 
been necessary. During the night the Maoris made their escape. 
I think that, taking advantage of the darkness, they crept away 
in small parties, for during the night every post either saw or 
heard some of them escaping, and fired volleys at them. The 
Maoris, careful not to expose themselves, never returned a shot 
during the night, but there were occasional shots fired from the 



THE GATE PAH. 215 

pah, no doubt to deceive us as to their having left it." How 
they left no one knew at the camp of the General. After they 
had poured their volleys upon the flying troops they made no 
sign of abandoning their post. Those who knew the voice of the 
chief Rawiri heard him calling to the soldiers to come on. In 
the pitchy night which ensued, either by the right rear or by 
stealing through the fern on their right flank, the garrison passed 
silently away, leaving, as was rarely the case, wounded and dead 
behind. Wounded prisoners told that some had been carried 
away even on this occasion. The tale was strange ; but every- 
thing about the Gate Pah was equally so. The network of 
rifle-pits and underground passages, of which the English had 
become masters, had cost them the lives of 10 officers and 25 
non-commissioned officers and men, while 4 officers and 72 
of other ranks were wounded. Yet "not more than 20 dead 
and 6 wounded Maoris could be found in and about their 
position," and of them but few had been hurt by Armstrong 
guns or shell. It was said that no English regiment at Waterloo 
had lost so many officers as the 43rd lost at the Gate Pah. The 
General's official report that the assault began at four o'clock 
and Colonel's Greer's statement that the Maoris made their 
sally in the rear at five o'clock, refute the idea that the return 
of the Maoris to their pah turned the tide of battle within it. 
The storming party had been driven back 45 minutes before 
the sally was made. It seems that having repelled the assault, 
and perhaps presuming that the English, under Colonel Greer, 
would be discouraged, the Maoris resorted to their usual tactics 
of abandoning their stronghold after inflicting loss upon the 
enemy, but that Colonel Greer's readiness compelled them to 
escape by night. When Mr. Smith, the Civil Commissioner, 
entered the pah in the morning, he believed the statement of a 
wounded Maori that less than 200 men had defended the work, 
" as it did not appear 'capable of holding more." The dead 
English had neither been stripped nor mutilated. They had 
been kindly treated. Among the Maori garrison was Henare 
Taratoa, who had been educated under Bishop Selwyn at St. 
John's College prior to 1853. He tended one of the English 
wounded who, in his dying agonies, thirsted for a drop of water. 
The Maoris had none. Taratoa threaded his way through the 



216 NEW ZEALAND. 

English sentries in the darkness, and returned with a calabash 
of water to slake his enemy's thirst. By the side of each 
wounded Englishman there was found in the morning some 
small water-vessel, placed there by the Maoris before they 
departed from their fort. In recognition of their chivalry the 
few Ngaiterangi prisoners were afterwards released by Sir 
George Grey. The dying Colonel Booth was carried out of the 
pah in the morning. The General went to him ; but the gallant 
soldier felt the repulse so deeply that he turned away his face, 
saying : " General, I can't look at you. I tried to carry out 
your orders but we failed." He died in the evening. 

The English dead were buried in the mission burial-ground 
at Tauranga on the 2nd May, amid feelings which have seldom 
harrowed a British force, for many of the men burned with 
shame for the repulse, and were stunned by grief for their 
comrades. Within a separate enclosure, about 30 yards by 20, 
in that cemetery, may be seen to this day an obelisk inscribed 
on three sides. One inscription tells that Colonel Booth, 
Captains Glover, Mure, Hamilton, and Utterton, and Lieutenant 
Glover and Ensign Langlands fell at the Gate Pah. Another 
tells that Serjeant-Major Vance and a bugler, James Black wall, 
with eleven privates, are interred there. The third is in memory 
of two corporals and four privates, who fell in a subsequent 
action at Te Eanga. A separate tomb tells that Captain 
J. F. C. Hamilton, of H.M.S. 'Esk,' "fell in the assault on the 
Pukehinahina (Gate) Pah." In the same enclosure there are 
other graves and memorials of those who at different times were 
killed or died in the district. The enclosure, with the cemetery 
of which it is a part, is on the site of what was once a strong 
pah, on a low promontory, steeply scarped by the hands of 
Maoris. Ditches 'and high embankments intersecting the 
plateau show that the pah was once a formidable work. 

Wars of old time with spears and clubs, and the wanton 
sacrifice of life at the Gate Pah, arouse melancholy reflections 
in the traveller who stands on the promontory and looks across 
the peaceful waters of the bay to the pyramid of Mongonui, 
standing like a lonely guard athwart the entrance to the harbour. 
At Mongonui, within the memory of white men, one of the 
savagest Maori slaughters had taken place. The murderous 



. TE RANGA. 217 

native wars were practically extinguished by Christianity, and 
the land might have had peace but for the pestilent injustice 
enacted by Governor Browne and his advisers. The slaughter 
at the Gate Pah would not have taken place if the Whitaker 
Ministry had not wantonly promoted the Tauranga campaign. 
If General Cameron had been content to occupy the front and 
rear of the Gate Pah English blood need not have been shed 
there. The Maoris must have surrendered, or ventured at dis- 
advantage to pass the English lines. As usual, the Maori allies 
had endeavoured to dissuade the General from the assault. Wi 
Patene and others, friendly to the English, obtained permission 
to bury the Maori dead. Mr. Smith, the Civil Commissioner, 
with 18 natives, on Sunday (1st May) interred the bodies within 
the mission boundary near the Gate Pah, Archdeacon Brown 
reading a portion of the funeral service. A mound was raised 
to mark the common grave. Except to prove what required no 
further proof Maori valour, the defence of Pukehinahina was 
idle. It could not check the English advance. Wi Patene and 
other friendly chiefs proposed to communicate with the rebels 
and urge submission. The General declined to authorize such 
overtures. If the rebels desired to make any, they might com- 
municate with him. Wi Patene admitted that the General's 
reasons were satisfactory. 

The Maoris did not retreat far. It was rumoured that they 
were fortifying a position in the hills at the head of the Wairoa. 
But the spirit of presumption was upon them, and Maori allies 
warned the English of their movements. On the 21st June, 
Colonel Greer heard that they were commencing to build a pah 
at Te Ranga, a few miles from the scene of their recent struggle, 
and he resolved to attack them before they could build palisades 
or construct shell-defying burrows. He marched to the spot 
with a force of 600 men, enfiladed them from a spur which 
commanded their right, drove in their skirmishers, kept up a 
sharp fire for two hours; and, when re-enforced by a gun and 220 
more men, sounded the advance upon the position, which con- 
sisted of a ditch four or five feet deep. The 43rd, 68th, and 1st 
Waikato Regiments carried the rifle-pits with a dash, the Maoris 
firing vigorously but as usual too high. For a few minutes they 
fought desperately, then turned and fled, leaving 68 dead in the 



218 NEW ZEALAND. 

rifle-pits. The pursuit was keen. The 43rd avenged their loss 
at the Gate Pah. One hundred and eight l Maoris were killed, 
27 were wounded, and 10 were made prisoners. Henare Taratoa, 
the humane hero of the Gate Pah, was amongst the killed. On 
his body was found a written order of the day for war. It began 
with prayer and ended with the words, " If thine enemy hunger, 
feed him ; if he thirst, give him drink." The English loss was 
10 killed and 40 wounded. The dead Maoris were thrown into 
the rifle-pits dug by themselves the day before. The bayonet 
was the death-dealing weapon in the pits. A corporal of the 
68th transfixed a Maori, who at once coolly seized the corporal's 
rifle with one hand and was endeavouring, tomahawk in hand, 
to cut down his enemy with the other, when a serjeant saved 
his comrade with a second bayonet. One Maori was brought in 
calmly smoking his pipe. On throwing open his blanket for the 
surgeon's inspection he showed four bullet-holes and five bayonet 
wounds through his trunk and thighs. Mr. Meade, B-.N., saw 
him recovered and walking some months afterwards. Rawiri, 
who had invited the English to renew the assault at the Gate 
Pah, and almost all the notable chiefs, were among the killed. 
In his hurried account, written on the spot, Colonel Greer said : 
" I must not conclude without remarking on the gallant stand 
made by the Maoris at the rifle-pits. They stood the charge 
without flinching, and did not retire until forced out at the point 
of the bayonet." 2 

Success so crushing touched, if it did not soften, the heart of 
one at least of the Ministry. Mr. Fox wrote in after years that 
the annihilation of the tribe was so complete, that when (in 
July and August) the survivors submitted, " they were truly a 

1 N. Z. P. P. 1864. E. No. 3, p. 81. 

2 Sir George Grey wrote to the Secretary of State (1st July, 1864): 
"Colonel Greer tells me that no thought of yielding possessed the natives 
that they fought with desperation, and when at length compelled by the 
bayonet to quit the trenches in which they left more than a tenth of their 
number dead, it was strange to see them slowly climb up, and, disdaining 
to run, walk away under a fire that mowed them down, some halting and 
firing as they retired, others with heads bent down stoically and .proudly 
receiving their inevitable fate. He adds in speaking of Rawiri their 
leader, who was amongst the slain ' Poor Rawiri was a brave man, and 
behaved like a chivalrous gentleman towards me.' " 



THE MINISTRY. 219 

miserable remnant, on whom it was impossible to look without 
feelings of the deepest commiseration and pity." On the 5th 
August, Sir George Grey, with General Cameron and two of his 
advisers, met all the natives. They had previously surrendered 
their arms to Colonel Greer. They now surrendered their lands. 
Sir George Grey promised to care for them as the Queen's sub- 
jects, and to release all prisoners of their tribe, in consideration 
of the chivalrous manner in which they had carried on the war. 
The Maoris expressed their gratitude. They ceded all their 
lands, and the Governor retained one-fourth as an atonement 
for rebellion, returning the remainder in recognition of the 
humanity of the tribes. The loss of Tauranga was the final blow 
to the Waikato tribes. It had afforded their most available 
seaport; and through it warlike contingents found their way 
from the east coast to Waikato. Strategically the campaign was 
effective ; but he who is free from prejudice or lust for the land 
of the conquered may agree with the words, though not the 
feelings, of Mr. Fox in his equivocal defence, which declared 
that the "occupation of Tauranga was as fully justified as any 
other movement of the war." 

In the king-maker's mind no doubts existed longer. The 
Maoris, unless united, had no prospect of success. They were 
not united ; and some of the most powerful tribes were arrayed 
against the patriot or rebel party. He was willing to bow to 
the stroke of fate. Burial-places rifled for green-stone treasures 
cattle destroyed or eaten maize and potato crops consumed 
peach-groves cut down, or burnt; consequent starvation or 
distress : these were fruits of the war which the more impetu- 
ous Maoris had courted, and which, if they had not courted it, 
Whitaker and his friends were determined to bring about, as 
soon as they could command English blood and treasure with 
which to wage it. They had denied that land was their object. 
They had repelled the arguments of Sir William Martin, Arch- 
deacon Hadfield, and others, who had shown that the Maoris 
could look upon the conduct of the English as arising only from 
lust for land ; and now that success had crowned the arms of 
England, they proceeded to prove by their conduct that Sir 
William Martin was right. 

It is difficult to imagine how any number of men, conversant 



220 NEW ZEALAND. 

with the rules prevailing in English society, could conduct 
themselves as Mr. Whitaker and his colleagues comported them- 
selves towards the representative of the Crown with regard to 
the Maori prisoners. When tidings came that the treatment of 
the prisoners rankled in the minds of their countrymen, and 
intensified the horrors of war at Orakau and elsewhere, Sir G. 
Grey (4th May) asked his advisers to agree to the appointment 
of a Board, to inquire whether the prisoners could be main- 
tained on board the hulk in the winter, and the Ministers then 
proposed to yield to his anxious desire that the Maoris generally 
might know something of the probable fate of the prisoners. 
They suggested that it should be announced that only loss of 
personal liberty would be inflicted until peace might be made, 
when allotments of land would be given ; and that two, not im- 
portant chiefs, should be allowed to go on parole to explain their 
position to the tribes. The Governor replied, that as after so 
long deliberation the Ministry had determined upon such a 
course, it would be well for them to carry it out. It would still 
be competent for the Secretary of State to convey any com- 
mands of Her Majesty varying the amount of punishment. 

At this period the disasters at the Gate Pah were announced, 
and the Governor was about to proceed to Tauranga (10th 
May), when the Ministry asked him to sign blank passes for two 
chiefs to be selected as emissaries, on parole, to announce to 
their countrymen the intention of the Government with respect 
to the prisoners. Sir George Grey trusted the Ministry would 
excuse him from signing such papers for uninfluential chiefs. 
" It was against the judgment of the Governor that these prisoners 
and their friends were left so long without a guarantee of what 
their punishment was to be. It is equally against his judgment, 
that at the present moment, after our heavy losses at Tauranga, 
such a communication as is proposed, carried by such messengers, 
should be conveyed to the natives now in arms. In assenting to 
the Executive Government carrying out by their own action the 
course they have determined to adopt, the Governor thinks he 
has done all that can be required of him." Mr. Fox signed 
passes, and Sir George Grey enclosed them to Brigadier-General 
Carey in Waikato ; but the mission was unproductive. The 
appointment of the Board of Inquiry upon the hulk caused 



MR. CARDWELL ON SETTLEMENTS ACT. 22 L 

much correspondence. The relations which the Ministry desired to 
establish maybe gathered from one fact. On the 23rd June, in 
reply to an interrogation, the Governor learned for the first time 
from Mr. For that Te Oriori had been put upon parole. Mr. Fox 
justified his reticence by arguing that the Ministry thought that 
in telling the Governor nothing about the chief for whose release 
he had vainly pleaded, the " Ministers in acting as they did 
thought they were conforming to his Excellency's views." 

At this juncture, when the slaughter at Te Ranga seemed to 
place unlimited, power of rapine in the hands of the Ministry, 
there sped across the sea a despatch which showed that English 
honour was more safe in the hands of Mr. Cardwell than in 
those of his predecessor. The Settlements Act which Mr. 
Whitaker had pronounced essential to the well-being of the 
colony furnished the text. Mr. Cardwell did not dispute the 
right of the Colonial Government to extort from the insurgents 
some aid in defraying the expenses of the war, but the expenses 
had been borne mainly by England, which had therefore a right 
to require that the cession or confiscation of territory should not 
be carried further than was consistent with the permanent 
pacification of the island and the honour of the English name. 
As for the Settlements Act itself, the Duke of Newcastle pointed 
out in 1863 the difficulties incident to forming military settle- 
ments, and the reprehension with which the English Govern- 
ment would view measures tending to intensify disaffection. 
"I need scarcely observe " (Mr. Cardwell said) "that the Act 
now forwarded, taken in combination with the scheme proposed 
by your Government, exhibits a rapid expansion of the principles 
in which the Duke of Newcastle acquiesced with so much 
reserve. . . . Considering that the defence of the colony is at 
present effected by an Imperial force, I should perhaps have 
been justified in 'recommending the disallowance of an Act 
couched in such sweeping terms, capable therefore of great 
abuse, unless its practical operation were restrained by a strong 
and resolute hand ; and calculated if abused to frustrate its own 
objects, and to prolong instead of terminating war. But not 
having received from you any expression of your disapproval, 
and being most unwilling to weaken your hands in the moment 
of your military success, Her Majesty's Government have 



222 NEW ZEALAND. 

decided that the Act shall for the present remain in operation. 
They are led to this conclusion not merely by a desire to sustain 
the authority of the local government, but also in no small 
degree by observing that no confiscation can take effect without 
your personal concurrence, and by the reliance which they so 
justly place on your sagacity, firmness, and experience, and your 
long-recognized regard as well for the interests of the colonists 
as for the fair rights and expectation of the native race." Mr. 
Cardwell was wise enough to foresee that not confiscation but 
cession of land should be aimed at. It was desirable that the 
proposed appropriation of land should take the form of a cession 
imposed by the Governor and General Cameron upon the con- 
quered tribes, and made by them as a condition on which Her 
Majesty's clemency should be extended. If this should be found 
impossible, the Governor might bring the Settlements Act into 
operation subject to reservations. The Act must be limited in 
duration by an amending measure. A duration of two years 
from the original date of enactment would afford time for 
inquiry as to extent, situation, and justice of the forfeiture, and 
yet relieve the conquered from protracted suspense, while 
assuring friendly natives that there was no desire to disregard 
the ordinary principles of law. The aggregate extent of for- 
feiture should be at once made known. A Commission not 
removable with the Ministry should inquire what lands might 
properly be forfeited. The Governor's concurrence in the for- 
feiture was not to be a mere ministerial act, but to be withheld 
unless he should be satisfied that the confiscation was just and 
moderate. "In the absence of those legal safeguards which 
furnish the ordinary protection of the vanquished, the Imperial 
and Colonial Governments were bound to adjust their proceed- 
ings to the laws of natural equity, and to the expectations which 
the Maoris had been encouraged or allowed to form," so that it 
might be plain to them that the Europeans were "just, as well 
as severe." To confiscate for European use the most valuable 
land, and drive the original owners to forest and morass, would 
convert the Maoris into desperate banditti, emerging from their 
fastnesses to destroy the peaceful fruits of industry. " I rely on 
your wisdom and justice to avert a danger so serious in its 
bearing on the interests of the European not less than of the 



MR. CARD WELL ON SETTLEMENTS ACT. 223 

native race. Turning to that part of the law which authorizes 
the dispossession of persons who have not been involved in the 
recent rebellion, I have to observe that though Her Majesty's 
Government admit with regret that the tribal nature of the 
native tenure will sometimes render it unavoidable that inno- 
cent persons should be deprived of their lands, they consider 
that land should not be appropriated against the will of the 
owners merely because it is in the same district with rebel 
property, and may conveniently be used for purposes of settle- 
ment, but only in cases where loyal and neutral natives are 
unfortunate enough to be joint owners with persons concerned 
in the rebellion, or because it is absolutely required for defence 
or communication, or on some similar ground of necessity. But 
every case of supposed necessity should be examined with the 
greatest care, and admitted with the greatest caution and reserve. 
... I trust that in accepting any cession, or authorizing con- 
firmation of any forfeiture of land, you will retain in your own 
hands ample power of doing substantial justice to every class of 
claimant for restitution or compensation." Finally, cessions 
having been received, the Governor would do well to accompany 
his justice and severity by announcing a general amnesty, 
excepting only the murderers of unoffending settlers, or other 
heinous criminals concerned in outrages to be specified in the 
proclamation. Subject to these cautions and conditions Her 
Majesty's Government would leave in the hands of Sir George 
Grey the power entrusted to him by the Act. In the same 
despatch the consent of the Imperial Government to guarantee a 
large portion of the New Zealand loan was announced, and a hope 
was expressed that by reason of General Cameron's operations, and 
the Colonial Administration, peace might be procured, the troops 
be withdrawn, and the blessings of order restored to the colony. 
It has been needful to give an epitome of Mr. Cardwell's 
instructions, because Mr. Fox, in his ' History of the War in New 
Zealand,' denounced them as " directing things to be done which 
were physically impossible, and others to be attempted which 
were palpably absurd, and which, if attempted to be carried out, 
could operate in no other way than to upset the plans of the 
Colonial Government." It seems not to have occurred to Mr. 
Whitaker and his colleagues that, if their designs were unjust or 



224 NEW ZEALAND. 

dishonouring to British fame, they deserved to be overthrown. 
The " natural equity " to which Mr. Card well appealed dwelt 
not wkhin their breasts. Mr. Cardwell's announcement that 
he looked to the Governor, as representative of the Imperial 
Government, to decide the fate of prisoners of war, arrived a few 
weeks later, but the despatch of the 26th April made it clear 
that on so vital a point the Secretary of State would speak with 
no uncertain sound. 

Sir George Grey gratefully accepted an offer made by the 
Ministers to surrender the prisoners to his care, (on conditions, 
one of which was the cost of maintenance,) and concerting his 
plans with the General, ordered that the prisoners should be 
taken charge of by the military authorities, undertaking that the 
Imperial Government should refund all expenses legitimately 
incurred by the imprisonment, and assume future responsibility. 
But Mr. Fox (25th June, 1864) wrote : " While, therefore, they 
yield to the pressure which his Excellency brings to bear upon 
them, Ministers felt bound to state " that the release of the 
prisoners as a body would be unwise. The Ministry could " only 
conclude that his Excellency is determined to carry out his views 
regardless of his responsible advisers." Further difficulties 
arose. The Ministry took umbrage at the Governor's statement 
that one Maori had been imprisoned under a misunderstanding, 
and that inquiry would show that other innocent persons were 
in the hulk ; but eventually (12th July) Sir George Grey having 
proposed that the prisoners should be located at Kawau, an 
island belonging to himself, Mr. Fox wrote : " All that Minis- 
ters can say at present is that they enter very cordially into the 
proposal, and will be prepared to give every assistance in their 
power towards carrying it into execution." 

To Kawau, an island about thirty miles from Auckland, the 
prison-hulk was taken on the 2nd August. The Rev. Mr. Ash- 
well, a missionary who had been expelled from Waikato by the 
Maoris, was placed there. The natives were to be allowed to 
cultivate the land, and their settlement was to be managed like 
a Moravian mission-station. By order of Mr. Russell, the 
Defence Minister, the military guard was withdrawn on the 2nd 
August. A written promise not to go away without leave was 
to be obtained from the prisoners. In the hurry of affairs Mr. 



ESCAPE OF PRISONERS FROM KAWAU. 225 

White, of the Native Department, who had been Interpreter and 
Superintendent of the captives in the hulk, omitted to obtain the 
written promise. For some weeks all went well. On the 6th 
September, Mr. Fox said : " Ministers are satisfied with the 
arrangement lately made for the custody of the prisoners by 
their removal to Kawau." He wrote thus in a document in 
which the Ministry protested against Mr. CardwelPs ruling, that 
the Governor should determine, subject to positive law, the fate 
of prisoners of war. They denounced any attempts to withdraw 
responsible government piecemeal. Sir George Grey transmitted 
their protest to Mr. Cardwell, with a despatch shown to his 
Ministers, in which he declined, while responsible for what was 
done, " to act as their servant to carry out that which I know to 
be illegal, and believe rightly or wrongly to be such as will 
reflect discredit upon our name." The Ministry had not dealt 
with this rejoinder when Auckland was electrified by the escape 
of the prisoners in a body to the mainland, on the night of the 
1 Oth September. H.M.S. ' Falcon ' arrived at Kawau the day 
before they escaped. Some persons said that the ball-practice 
in which her men were engaged was thought by the Maoris to 
be the beginning of the end. Rumours were rife that if war 
should be renewed in Waikato the prisoners were to be put on 
board the hulk, and sunk at sea. The sword was over the 
heads of all, while none knew who might be selected to be tried 
for offences which their enemies might call murder. In the 
raids made in the Auckland district, settlers had been killed in 
the early part of the war, and for their deaths it was known that 
vengeance would be exacted, notwithstanding the fact that at 
Rangiaohia Maori women and children had been burned. In 
refusing to let the prisoners know who was to be tried and who 
merely detained till the close of the war, the Ministry had kept 
the axe at the throats of all. The escape of such men consti- 
tuted a danger to all Europeans. They were more than 200 in 
number. They might determine to sell life dearly rather than 
surrender. Nay, they might slaughter all they could find. 

Sir George Grey was informed of the escape on the night of 
the llth. On the 12th, with Mr. White, the Superintendent 
at Kawau, he was at the scene of escape. The fugitives had 
landed at Waikauri, left the boats on the shore, and marched to 

VOL. II. Q 



226 NEW ZEALAND. 

the ranges. They had spades, hatchets, and a few double- 
barrelled guns. Sir George Grey sent Mr. White with Te 
Oriori, two other natives, and a European, upon their path. On 
the 14th they were found. They received their visitors politely. 
Mr. White was seated in the centre of their encampment. 
After silence for a quarter of an hour Tapihana bade them 
welcome, but declared he would not go back. Te Oriori gave 
the Governor's message. They had done wrong. The speaker 
urged them to return. Other fugitives spoke. Tapihana, who 
mingled eager action with rapid words, admitted that the escape 
was a wrong; but fear was the cause of it. They concluded 
they were in peril when the man-of-war sailed round the island 
and fired. Such a thing had not happened before. They only 
wanted to be free. They would molest no Pakeha. They 
would resist force. Some appeared willing to return, but loth 
to do so in opposition to their comrades. Te Oriori, whose in- 
firmity of purpose the Ministry had dreaded, showed no vacilla- 
tion. He returned with Mr. White, and the refugees remained 
on the top of the hill Omaha. They received all visitors kindly. 
They were supplied by neighbouring natives with food. When 
they visited a shop they went in small armed parties. 

The Ministry blamed the Governor. They were at the time 
indignant at his declining to sanction the confiscation they had 
proposed. Fox wrote (30th September) : "A course of action on 
the part of his Excellency, which he has been pleased to term 
' generous ' towards the prisoners, has terminated in their escape, 
and in a very serious complication of the difficulties of the 
colony. In the mean time, while so much generosity is shown 
towards the Maoris taken in arms, his Excellency's sympathy is 
withheld from the unfortunate English colonists who have been 
driven from their homes and reduced to ruin ; and the Colonial 
Government is unable to provide for their reinstatement, or to 
compensate them for their losses, because his Excellency declines 
to confiscate the lands of those who have inflicted so much 
misery upon them. His Excellency appeals to the judgment 
of posterity : he cannot mean the posterity of those who are 
thus left in destitution while a morbid and unaccountable 
sympathy is extended towards rebels, who have shown the most 
marked ingratitude." The minutes which passed between the 



SETTLERS PETITION FOR PROTECTION. 227 

Governor and his advisers are wearisome to read. Matiu te 
Aranui and other chiefs became patrons of the fugitives, and 
enigmatically invited neighbouring tribes to send their thoughts. 
Old Tirarau, the Ngapuhi chief, showed the one sent to himself, 
and impounded others forwarded to his care, and handed them 
to the Government. Sir George Grey urged him not to believe 
false reports, nor waver in his confidence in the justice of the 
English. Seventy-two of the European settlers at Matakana 
earnestly petitioned the Government. They averred that the 
prisoners were building a strong pah in their immediate neigh- 
bourhood ; that armed natives from all quarters were joining 
them, and Europeans were excluded from their fortifications. 
Immediate protection was asked for. The petition was received 
on the 8th October. 

The state of New Zealand in 1864 was singular. The 
colonists had no enemies at the north of Auckland. There 
were nearly 20,000 soldiers and colonial forces under arms in 
the colony. Two hundred prisoners fled to the north of Auck- 
land, settled on the top of a hill surrounded by colonists and by 
Maoris friendly to the English, and the Governor and Govern- 
ment knew not how to deal with them. So prompt and expert 
were they in field fortifications, so daring in battle when they 
had chosen their ground, that great carnage of the whites was 
expected from a declaration of war against the runaways. 

The settlers' petition was sent to the Governor. He thought 
the case one in which he was bound to receive advice. Mr. Fox 
could see no " substantial difference between prisoners in custody 
and prisoners who have been admitted to parole and broke it." 
The matter was very complicated, and Ministers were " at a loss 
what to recommend." As a preliminary step they asked if it 
was " possible to capture the late prisoners by a military expedi- 
tion, and if so, whether Her Majesty's naval and military force 
would be available for the purpose." Sir George Grey recom- 
mended that precautions should be taken "in a manner that 
may draw no more attention to the Maoris at Omaha than is 
absolutely necessary." He was meanwhile ascertaining their 
intentions. It had been suggested to him to offer the runaways 
a safe- conduct to Waikato. Would the Ministry consent ? On 
the llth October they consented. The Governor said it was 

Q 2 



228 NEW ZEALAND. 

doubtful whether the refugees would accept any terms, if they 
could hope to create war in the north, but pointed out that 
a pardon and promise of land at Waikato (their own country), 
which Ministers might "intend to assign them," would be one 
method of arranging with them. "The more thoroughly just 
the offers to them are, the better position the Government will 
occupy in these matters." Mr. Fox (12th October) was nettled 
at this allusion to justice. "The Ministry were wholly at a 
loss to understand it." The Governor's conduct had complicated 
matters. His Ministers would not relieve him from responsi- 
bility, nor " share it with him ; more particularly at this moment, 
when their resignations have been nearly a fortnight in his 
Excellency's hands." They would advise on any proposal made 
by the Governor. " But if his Excellency wishes that land 
should be given to the prisoners in Waikato, Ministers have only 
to observe that the Government does not possess any land in 
Waikato, nor even if they did would they consider it just to 
use part of it for this purpose while their pledges to military 
and other settlers remain unredeemed." Sir George Grey (12th 
October) replied that he thought he had done nothing to com- 
plicate matters, but he would carefully abstain from all action in 
the matter for the future." ..." From his own responsibilities 
he will neither shrink nor ask any one to share them ; but his 
Ministers must bear theirs until they are in due course relieved 
from office." He would afford them all the aid in his power. 
" It is a time when all energies should be united in meeting a 
common peril." The plan finally agreed upon would be aided 
by Her Majesty's forces. On the 13th October the Ministry 
declaimed against such an unintelligible system of responsible 
government. The Governor had negotiated, had failed, and 
then, too late, asked for advice. Under ordinary circumstances 
such a course would lead to resignation of Ministers. " In the 
present case the resignation of Ministers has been placed in his 
Excellency's hands on that very ground among others, his 
Excellency having expressed his determination to issue a proclam- 
ation against their advice." These bickerings neither allayed the 
fears of the settlers, nor removed the prisoners from their eyrie 
at Omaha. On the 12th October, they wrote to the Governor 
that they would not go back to Kawau, would do no mischief, 



BICKERINGS BETWEEN GOVERNOR AND MINISTRY. 229 

but would resist force. He had heard privately that they were 
inviting their friends to send small vessels to carry them away. 

Captain Cooper went to the pah with a Maori friend. He 
found the runaways determined. They would interfere with no 
Pakeha unless soldiers were sent against them. In that case 
they would plunder and kill settlers, women, and children. 
Government, they said, " desired to take all the land from the 
Maoris, and therefore it did not matter if they were all killed." 
" Your Excellency " (wrote Captain Cooper; " will have to feed 
them on the mountain, or starve them out of it. They appeared 
to have a strong feeling against the Government." The Ministry 
on the 15th October recommended, through Mr. Whitaker, that 
terms should be offered. To do so was humiliating, but justifi- 
able rather than war in the north of Auckland, " of which no man 
can see the end or results." No time was to be lost, and the 
terms recommended (18th October) were free passage to Waikato 
or elsewhere, residence on land to be arranged for, with freedom 
from molestation so long as they might not interfere in the 
war and a title to such land at the end of war if they desired 
one. If they would not accede to these terms, force ought to be 
used to dislodge them from their menacing position. Mr. Fox, 
on the same day, in order further to complicate affairs, asked 
the Governor " what he conceives the present status of these 
natives to be, and what their status will be should they volun- 
tarily or by compulsion be again placed in the hands of his 
Excellency, or of the Colonial Government ? " Till they knew 
his Excellency's mind on these points it would be exceedingly 
difficult for Ministers to offer practical suggestions for carrying 
out the advice given by Mr. Whitaker. Sir George Grey begged 
that the opinion of the Attorney-General might be taken. Mr. 
Whitaker declared that " the natives referred to may be con- 
demned as rebels in arms against the Queen's Government, 
and that if again placed in the hands of the Governor or Colonial 
Government they may be tried for their offences." Trans- 
mitting this opinion, Fox said the Governor had misunderstood 
his request. The Ministry had no doubt as to the legal status 
of the prisoners. Mr. Fox wanted to know how the Governor 
would deal with them under Mr. Cardwell's despatch of the 27th 
Juno, 1864. Would he release them, confine them as prisoners 



230 NEW ZEALAND. 

of war, or hand them over to the civil authorities to be dealt 
with as criminals ? Sir George Grey doubted whether, on recon- 
sideration, Mr. Whitaker would adhere to his opinion as to the 
status of the escaped natives. Many of them had previously taken 
no " part in the rebellion, and are now probably unarmed. No 
inquiry ever took place as to whether such persons ever com- 
mitted any offence or were innocent. After several months' 
confinement, they have run away. It may fairly be questioned 
whether such men are rebels in arms against the Queen's 
Government. Others of the prisoners the Governor has always 
believed to be very desperate characters." He did not doubt 
that on recapture any of them might be tried for their offences, 
whatever they might be, and he would " throw no obstacle in the 
way of the Colonial Government bringing them to a legal trial ; 
indeed he had never done so." Mr. Fox retorted that he had 
declined on the 19th April to try them under the Suppression 
of Rebellion Act. The Governor replied that trial under that Act 
would have been illegal and contrary to equity. Persons might 
be brought to trial under it by court-martial " at the earliest 
possible period." The Ministry had not proposed to use it until 
the prisoners had been four months and a half in captivity. 
This the Governor could not think just or equitable. If prompt 
trial had taken place the most guilty would have been punished, 
as an example, and leniency and generosity to others would have 
done good. As prompt trial had not taken place the ordinary 
courts of the country could be resorted to. Mr. Fox replied at 
great length. Ministers had already declared it " inexpedient to 
try the prisoners by the ordinary courts of law." He scouted 
the distinction made by the Governor between " a trial " and " a 
legal trial." As to trying the prisoners within a few days of 
their capture, it was clearly impossible. Most of them were 
captured at Rangiriri on the 21st November, and the Suppres- 
sion of Rebellion Act was not passed till the 3rd December. 1 
The Governor had "fallen into several errors both of law and 
fact." The Governor retorted that when the General com- 

1 Mr. Fox, though a lawyer, seems to have had no qualms as to the 
propriety of trying prisoners under ex post facto laws ; of which class of 
acts Justice Story declared that their injustice and iniquity constituted 
an irresistible argument against the existence of the power to pass them. 



CONTINUED BICKERINGS. 231 

mended war-prisoners to generous treatment, and Mr. Whitaker 
proposed after long delay to try them under an Act which could 
only be brought into operation by the Governor's signature, a 
case had arisen of direct responsibility to England and the 
General Assembly. Therefore he declined to accept Mr. Whit- 
aker's advice, and then it was for the Attorney-General or his 
colleagues to resign. " Had this course been taken many diffi- 
culties would have been removed from the Governor's way. But 
if Ministers did not think it necessary to take this course, then 
the Governor thinks they became responsible for the course they 
followed, and that all responsibility for it passed from him." 
Mr. Fox (25th October) retorted that it was unfair to taunt 
Ministers for not resigning in April. It did not seem that if 
they had done so instead of talking about it, " any result would 
have followed. Their resignations have now been in his 
Excellency's hands twenty-five days, and he has neither accepted 
them nor intimated his intention of doing so. They would 
further remark that they do not understand that under respon- 
sible government Ministers are bound to resign whenever the 
Governor refuses to take their advice. . . . When Ministers 
arrived at the conclusion that he had made up his mind to 
abandon the principles he had enunciated in July, 1863, and 
endeavour to patch up a peace which would be neither stable nor 
permanent, they lost no time in placing their resignations in his 
hands, where they regret to know they remain still unaccepted." 
A new contention arose. Mr. Fox took umbrage at the 
Governor's statement that natives suspected by the Native 
Department of murder, and sent by the Ministry to Kawau, 
could not be regarded as prisoners of war upon parole. It 
seemed that Tarahawaiki knew that he was suspected of killing 
the Merediths, and the Governor naturally thought that the 
motives of the escaped prisoners must be different from those of 
ordinary prisoners of war. No inquiry had been properly made 
as to the implication of the prisoners in the crime of murder. 
Mr. Fox denied positively that he or any Minister knew that 
any of the prisoners had committed murder. They " instituted 
the most searching inquiry whether there were any mur- 
derers among the prisoners." Mr. Fox indicted the Governor 
for making serious charges, out of flimsy materials, against his 



232 NEW ZEALAND. 

Ministers. The Governor had indeed said : " If such an inquiry 
has been made, it can be stated that such is the case, and 
that the Governor is in error, and no one will be more ready or 
willing than the Governor to admit that he is in error, and to 
express his regret that such is the case." " Ministers," said Mr. 
Fox, " must decline to accept as an excuse his Excellency's readi- 
ness to be convinced of his error if he has made a mistake. . . : 
One murderer only was discovered, and he was tried and con- 
victed, and there is not in existence a particle of evidence against 
any other prisoner which would ensure conviction, or committal, 
or even justify a reasonable suspicion." Such being the case, 
the reader may wonder why the prisoners were harshly treated. 
But the admission was made to embarrass the Governor, not to 
justify the Maoris. He replied by an array of quotations, which 
in his opinion sanctioned his former statements. It is unneces- 
sary to trace the matter further. It has been followed so far 
merely to show the difficulties in which the representative of 
the Crown was forced by the Duke of Newcastle's ignorant or 
unwise abandonment of control in matters of Imperial concern. 
The publication of the papers in New Zealand must have gone 
far to remove any lingering respect which the Maoris entertained 
for " the English Committee." In a few words it may be said 
that the escaped Maoris remained at Omaha for many weeks. 
They were invited to go to Waikato. After many weeks some 
went. Some remained with friends in the northern tribes. Mr. 
Fox insisted that the Governor had done harm, and that the 
Ministry would have managed better. As it was, no ill conse- 
quences ensued, 1 but it was not until April, 1865, that Sir 
George Grey informed the Defence Minister, then at Taranaki, 
that the prisoners were "returning to their homes." The 
staunch Waka Nene never wavered in his loyalty. On the 1st 

1 Captain Cooper, sent by Sir George Grey to invite the fugitives to 
return to Kawau and remain there on parole till the end of the war, was so 
indignant at the conduct of Mr. Fox in examining, in Captain Cooper's 
absence, a Maori clerk who had gone with him as a guide to Omaha, that he 
wrote a fiery letter, in which he denied that the Maoris were treacherous : 
" Indeed, I should consider myself much safer in the hands of the worst 
King-Maoris, even the Ngatiruanuis, than with such men as the Honourable 
Mr. Fox, who would not hesitate to stab the character of any person 
politically opposed to him, as he knows me to be, nnd as I believe he 
considers every honest mau must be." N. Z. K P. 1865; E. No. 15. 



MR. MEADE'S JOURNEY TO TAUPO. 233 

February, he wrote to the Queen, sending her three New Zea- 
land mats, and a green-stone mere, the symbol of chieftainship. 
Sir George Grey did not think it judicious to check the old 
chiefs " affectionate loyalty by refusing to forward his present," 
but the New Zealand Parliamentary Papers contain no re- 
cognition by the Secretary of State of the irregular devotion 
of the chief to whom the English had mainly owed their safety 
in New Zealand long after the Queen assumed sovereignty 
there. 

Among many graphic descriptions of Maori life and manners, 
Mr. Meade's journey to Taupo in company with chiefs, some of 
whom, after escaping from Kawau, returned immediately took 
the oath of allegiance, and were allowed by the Governor to 
rejoin their families throws light on the state of New Zealand 
in 1865. Returning to his family was not returning home for a 
Maori chief. His family was in exile. His home had been 
destroyed. Mr. Meade, R.N., carried letters from Sir George Grey 
to the Great Lake, where friendly chiefs felt themselves deprived 
of countenance from the Government for whose sake they had 
incurred hatred at the hands of the followers of the Maori king 
and of the Hau Hau fanatics. Sir George Grey recognized in 
Mr. Meade the courage and intelligence which fitted him for the 
dangerous post of emissary, in which he was accompanied by 
Mr. Brenchley, and by an interpreter, Mr. Mair. The principal 
chief of the party was Te Poihipi Tukeraingi, ever staunch to 
the Waitangi treaty, which he had signed on behalf of his father, 
and highly influential in the Taupo district, where Sir George 
Grey wished to cultivate friendly feelings. No European had 
visited it during the Waikato and Tauranga wars. At Maketu 
the envoys saw the friendly Arawa, ensconced in a pah to protect 
them from the Ngatiporou. The returned prisoners were enter- 
tained by the " tangi " or wail. They stood silent in the midst 
of their friends, men, women, and children, whose moaning and 
tears denoted the grief felt during the captivity. In a quarter 
of an hour the doleful ceremony was over, the returned exiles 
pressed noses with their entertainers, and ordinary life was 
resumed. At a runanga, on the 21st December, the loyalty 
of the Arawas was fervently pronounced. Mr. Meade admired 
the courtesy of. the speakers, and thought it might profit- 
ably be imitated in the colonial parliaments. Bitter opposition 



234 NEW ZEALAND. 

to the cession of land by the tribe was shown. One old 
man stretching forth his arms cried : " Oh that I could thus 
embrace the land of my forefathers, and gathering it all within 
my arms keep it whole and safe from the grasping Pakeha ! " 
Even among the English allies the slackening of their hold on 
their native soil created grief. With a cavalcade of 30 per- 
sons and a few followers, Mr. Meade reached Rotorua on the 
26th December, 1864, and learned that a Pai Marire priest had 
arrived with five friends at Taupo, and converted many to his 
faith. The settlement where the cavalcade was entertained 
was protected by a double chain of rifle-pits, roofed almost level 
with the ground, each roof being pierced with loopholes. Pass- 
ing towards Lake Tarawera the travellers were entertained at 
Wairoa by no less a personage than a native magistrate, the 
dashing Te Kepa Rangihiwinui, 1 whose bearing and the comfort 
and neatness of whose weatherboard house they admired. With 
him and others, Te Poihipi and Mr. Mair had earnest consult- 
ations. Revelling in the witcheries of the tepid air and natural 
warm baths the English travellers did not attend all the debates. 
Passing onwards, receiving attention due to friends of the 
Governor, and occasionally saluted with politeness by the Maori 
king's friends, the embassy reached Tapuaeharuru, the inland 
home of Te Poihipi, at Lake Taupo, on the 6th January. On 
the crest of a cliff a large pah was being built for protection 
against the kingites or the Hau Haus, while on the other hand 
on the farther shore were settlements and forts owning Te Heu 
Heu as their lord, and he was hostile to the sway of the Pakeha 
as his fathers were. Thence Mr. Grace, a Church missionary, 
had to wander during the Waikato war. He was not ill-treated, 
but when his congregation held a meeting to decide whether 
he should be killed on account of murders by the English in 
Waikato, he thought it prudent to remove temptation from 
them. For months they kept sacred his house, his property, 
his live stock. Then came Hau Hau emissaries. The tares 
they sowed strangled the fruit of the seed sown by Mr. Grace- 
Pai Marire worship was accepted, and Mr. Grace's property was 
scattered amongst his late flock, who maintained nevertheless in 

1 Te Kepa, or Kemp as he was called by the colonists, will retain his 
Maori name Kuugihiwinui in these pages. 



MR. MEADE AT TAUPO. 235 

discussion with his friends that distribution was necessary for 
safety of the goods, which were to be restored to Mr. Grace on 
his return. Mr. Grace himself joined Mr. Meade's party on the 
9th January, bent on re-establishing his mission. He brought 
ominous intelligence that an Auckland newspaper had averred 
that Mr. Meade and Mr. Mair had been " sent to find out what 
the kingites are doing," and that the dangerous belief that they 
were spies was being circulated amongst the Maoris. 

At Waihaha Mr. Meade saw a village nominally belonging to 
a friendly tribe, but peopled in the main by refugees from the 
Waikato territory, then laid waste by the troops. A white flag 
was hoisted to promise friendly reception to the visitors, where 
the fighting men were drawn up in fighting costume. The 
Maori followers of Te Poihipi landed from their canoes with a 
yell, and rushing forward till within 100 yards of their hosts, 
halted and formed in double line. The Waikato, having crouched 
in attitude of ambush, sprang to their feet, and in serried rank 
performed their war-dance, in perfect time, brandishing weapons 
and stamping as one man, and throwing themselves into every 
posture indicative of slaughter of their foes. Te Poihipi's 
followers took their time from him and went through the same 
wild ceremony. Musketry salutes were exchanged ; and the two 
parties joined together, and indulged in their national welcome. 
When the ceremony was over Mr. Meade and his companions 
joined the circle, and were entertained with shaking of hands. 
Te Poihipi made an oration extolling the treaty of Waitangi, and 
loyalty to the Queen. Mr. Meade was struck by the pleasing 
countenance of a fine young chief. He was one of those who 
ran the gauntlet at Orakau through the English lines. Escaping 
thence he had joined the Arawas, and fought for the English 
against the Ngatiporou. He had now rejoined the Waikato 
exiles at Lake Taupo. Mr. Mair animadverted on his inconsist- 
ency in fighting both for and against the English cause, and Mr. 
Meade heard his reply : " Oh ! as to that, fighting is fighting, 
and we young men don't care much whom it is against." Among 
the exiles was a woman, Ahumai, whose husband was killed at 
Orakau, and who herself received there three bayonet and gun- 
shot wounds. Karamoa and Reihana, both captured at Orakau, 
and connected with the Maori king's followers, were detached by 



236 NEW ZEALAND. 

Te Poihipi to ask Te Heu Heu whether the Englishmen might 
pass through the native territory between Taupo and the military 
settlements on the Waikato. Mr. Meade had a letter from Sir 
George Grey to Te Heu Heu, but was to exercise his own 
discretion as to presenting it. Mr. Grace, on the 9th January, 
returned from an unsuccessful attempt to reach his old abode at 
Pukawa. Lowering looks encountered him, and a former teacher 
^n his school warned him that his life would be in danger at 
Pukawa. A message was sent, inviting Mr. Grace without com- 
panions to his old home ; and " the spies," as Mr. Meade and his 
friends were deemed, were peremptorily forbidden to approach 
Pukawa or wander on the shore of the lake which owned 
allegiance to the Maori king. Te Heu Heu was absent, and the 
travellers awaited his return, or some tidings from Karamoa and 
Heihana. Te Heu Heu returned more inimical than ever, and 
it was felt that to send Sir George Grey's letter to him would be 
useless. The path of the travellers was thorny. They could 
not descend the Waikato valley without Te Heu Heu's help. 
They heard that followers of the king had arrived at Rotorua to 
open the way for the Ngatiporou to send re-enforcements from 
the east to the king. Rumour said that the king-maker was 
coming to Rotorua with 400 or 500 retainers. Mr. Meade's 
return to Tauranga in such a case was impossible, and the brave 
Te Poihipi and Rangihiwinui would have been overwhelmed. 
To try a third route to Napier was dangerous, for it led through 
Maori settlements devoted to the king, and war-parties were 
said to be in motion there. Te Poihipi objected to Mr. Meade's 
risking his life on the road to Napier. Three Maori chiefs had 
gone thitherwards for food for the party, and their failure to 
return caused apprehensions for their safety. Meantime, the 
Hau Hau fanatics gathered followers daily. Mr. Meade resolved 
to find a guide, and, by journeys at night and concealment by 
day, to dash through the hostile territory, and reach the military 
settlements on the Waikato river. A Pakeha Maori, connected 
by marriage with Rewi, was amongst Te Poihipi's friends at 
Taupo. His wife found a Maori guide in the person of Hemipo. 
Hemipo's father was an adherent to the Maori king, though the 
son was loyal to the Queen. Te Poihipi vainly endeavoured to 
dissuade Meade from taking such a guide on such an expedition 



MR. MEADE AT TATAROA. 237 

On the 27th January, the two horsemen rode from Oruanui, 
and to Mr. Meade's relief he found that Hemipo understood a 
few English words. On the same morning, long before day- 
break, one Ihaka, a native assessor, had ridden before them* 
bearing a letter warning the* Hau Haus on the way that they 
would not be allowed to pass by Oruanui if they intended to 
proselytize Maoris or molest the English. Mr. Meade expected 
to meet the returning Ihaka, whose person was sacred in the 
character of herald, and to learn from him whether it was safe 
to proceed. The day wore on, but no herald appeared. Hemipo 
pointed out smoke rising from cooking fires, and said the Maoris 
around them were kingites ; but the journey was continued 
without molestation to Tataroa. There the salutation " Pai 
Marire " told Mr. Meade that he was in the hornets' nest. But 
Maori courtesy demanded that he should halt to receive hospi- 
tality. Ihaka was seen standing with another Maori. Mr. 
Meade pointed out a red flag flying in the village, and suggested 
caution, but Hemipo said that as Ihaka was there, there would 
be no danger. The travellers rone into the open space in midst 
of the Maori dwellings, and came face to face, not with the usual 
denizens of Tataroa, but with 150 armed men, whose lowering 
countenances boded mischief. Hemipo gaily unsaddled his 
horse, as if he had arrived among friends, but adroitly managed 
to receive from Mr. Meade, and secrete under his coat, one of 
Mr. Meade's revolvers. Warm language was heard among the 
Hau Haus. One of them, flourishing a naval sword-bayonet, 
approached Mr. Meade ; two others followed with guns. The 
Englishman had his hand on his revolver in his pocket, to make 
his life dear to the savages, when a powerful Maori, Aokatea 
sprung forward and drove the intruders back to the crowd. A 
ceremonial followed, preparatory to the judicial murder of the 
traveller. Round the Pai Marire flagstaff fanatical worship was 
carried on. Mr. Meade wondered at his privilege in seeing 
mysteries he had thought hidden from white men, but learned 
afterwards that, as he was doomed beforehand, there was no 
objection to his initiation. He was, indeed, an essential element 
in the rite. Te Aokatea, who had driven back Mr. Meade's 
assailant, was high-priest, and wished the infuriating ceremonies 
to be duly performed before touching the victim. Ihaka told 



238 NEW ZEALAND. 

afterwards that the Hau Haus anticipated Mr. Meade's journey, 
which had been thought concealed ; that they had even threatened 
the sacred person of the Maori herald, and that he had no 
opportunity of returning to warn Mr. Meade of danger. There 
was a crumb of comfort in the fact that one chief, Paora Taki, 
had made an oration urging that Mr. Meade ought not to be 
molested, because the Hau Hau ought not to offend the tribes 
through whose territory they desired to pass in their own expedi- 
tion. Paora Taki's speech was finished just as the arrival of the 
Pakeha was announced. On the prophet's flagstaff floated high 
the war-flag, a red pendant with white cross. Beneath, a black 
and blue large flag, with a red border, bore on the black part 
near the staff another white cross. Another red pendant with a 
St. Andrew's cross hung lower still. Mr. Meade and Hemipo sat 
apart under guard, and Ihaka was near them. Te Aokatea went 
through the process which was believed to procure inspiration. 
He yelled, he spoke sometimes in English, sometimes in what 
was called French, or Hebrew he made obeisance to the staff, 
to the east, west, north, and south, accompanying his genuflexions 
with Pai Marire words. At a signal, the seated tribes and dele- 
gates sprang up and marched round the staff, chanting responses 
to the priest, and pointing their weapons to the sky. The 
striking scenery around, the flags waving against the dark foliage 
in the background, the varied dresses and weapons, the fervent 
fanaticism gleaming from excited faces, the chorus of powerful 
voices rising in excellent time in that far forest, vividly impressed 
Mr. Meade, who noted the smallest particulars. The prophet's 
flag having been duly honoured by the congregation, a runanga 
was held to decide on the fate of the travellers. Immediate 
execution of both was urged by some. Mr. Meade was deemed 
a spy. Then Hemipo rose to address his countrymen in a cool 
and careless way, playing with his riding-whip as though 
addressing friends at home, in a manner which extorted Mr. 
Meade's admiration. Moralists more punctilious than Escobar 
would excuse Hemipo for his rhetorical artifices. Mr. Meade, 
he said, had nothing to do with army or navy, was only visiting 
the country for personal pleasure, and wanted to make a quick 
passage overland so as to reach his ship at Auckland before she 
sailed. His gentlemanly air showed as little insincerity as his 



MR. MEADE is SAVED. 239 

demeanour implied fear. After speaking for Mr. Meade he 
referred to himself and his father's friendly relations with some 
of his auditors. Then Te Aokatea rose and savagely denounced 
the Pakeha intruder. No knowledge of Maori language was 
needed to enable Mr. Meade to distinguish friends from foes. 
As the discussion raged and death seemed certain, he took 
comfort from seeing that Hemipo was as ready to take lives with 
the revolver as he had been to tell lies as an orator. While Mr. 
Meade was reflecting thus, and the Maori executioner stood by 
his side waiting to smite with the tomahawk, Ahumai, the widow 
wounded at Orakau, whom the Englishman had seen at Waihaha 
a fortnight before, rose up from the crowd, slowly walked across 
the square, and sat by the captive's feet, as a token that he was 
entitled to hospitality. Thenceforward the fanatics relented ; 
and it was finally agreed to dismiss the prisoners, because it was 
unwise to provoke the Arawa (through whose territory the Hau 
Haus wished to march) by killing a guest of that tribe. At last 
it was decided that the travellers should return whence they 
came. As they saddled their horses a Maori whispered aside to 
Hemipo. A reaction was taking place amongst the Hau Haus. 
Mr. Meade had hardly time to reflect whether Hemipo was called 
in order that the Englishman might be shot without risk to the 
Maori, when Hemipo bid him mount, as some rascally kingites 
wanted to kill him. To place several miles between the horse- 
men and Tataroa was the work of a few minutes, and after 
resting their horses in the shelter of the forest, the travellers 
reached Oruanui at night, where Hemipo narrated the day's 
incidents to eager listeners. Ihaka returned at a later hour, 
with a letter asking free passage through the territory, and 
stating in a postscript as a reason for granting the request, the 
safe return accorded to Mr. Meade. It was granted. Mr. Meade 
rode safely to Napier. The Hau Haus made converts as they 
passed, and though they did not attack the villages of tribes 
friendly to the English, their influence spread so fast that the 
Government, unable to protect its allies, invited them to retire 
to Rotorua, which they did with heavy hearts Nevertheless, 
Mr Meade's journey was not deemed fruitless. When, on his 
death, his journal was published, it was accompanied by a letter 
from Sir George Grey, stating that very great benefits resulted 



.240 NEW ZEALAND. 

from the expedition to Lake Taupo, which Mr. Meade and Mr. 
Brenchley so successfully carried out. Poihipi and Hemipo will 
reappear in a stirring event in the story of New Zealand, which 
followed on the fuller development of Hau Hau fanaticism than 
that which Mr. Meade saw. Read by the lurid glare which 
surrounds the murders of Volkner and Fulloon, the narrative of 
Meade is terrible in its reality. 

It is time to turn to Mr. Whitaker's policy on confiscation 
which led to his resignation. Already Mr. Fox's justification of 
it has been noticed, and his desire to promulgate the opinion of 
the Ministry that nothing could be more pernicious than to allow 
the Maoris to retain rights which the Queen had guaranteed. 
While General Cameron was arranging at Ngaruawahia in 
January, 1864, for the advance of the troops up the Waipa river, 
and planning the Tauranga campaign, the Government decided 
to promulgate a notice calling on all who had been in arms 
against the Queen to take the oath of allegiance and surrender 
their weapons. Those who had been with the enemy, but had 
not fought, were to do likewise, but in doing so would not obtain 
rest. " All the peace that is conceded to them at the present 
time is this : That they will be allowed to remain unmolested, 
and they will not hereafter be brought to trial unless they are 
found to have taken part in murders, plunder, or other evil acts. 
Let this, however, be borne in mind, the disposal of their lands 
rests with the Governor." As part of the English system of 
warfare was wholesale plunder and destruction of Maori home- 
steads and cultivations, and as Maori burial-places were rifled 
without remorse, it was hard for Maoris to understand the 
principles on which it was to be decided whether their own acts 
were evil. 

The campaign in Waikato having been concluded by the 
evacuation of Maungatautari in April, and various chiefs having 
surrendered their arms, a proclamation was drawn up in which 
the surrender of arms was ordered to be made by the 1st July, 
after which date it would entitle the surrenderor to no benefits. 
Sir George Grey signed a draft of the proclamation on the 30th 
April, but dissented from the fixing of a date after which no 
surrender should be beneficial; and his dissent caused the 
proclamation to be held back after voluminous discussions. In 



CONTENTIONS OF GOVERNOR AND MINISTRY. 241 

requesting (llth May) that it might be regarded as revoked, the 
Governor, speaking of the ministerial theory that all Maoris 
who had fought against the Queen's troops had forfeited all 
their land, said that the question concerned the whole future 
destiny of the Maori nation. The Governor might by a few 
words, unwisely put forth, reduce generations to misery, and cut 
off from their inheritance the offspring of many loyal English- 
men. Mr. Whitaker replied : " In his zeal for the Maori the 
Governor appears to forget the European colonists." The 
Governor's doubts whether the Settlements Act was intended 
to be an Act for general confiscation were needless ; and there 
could be " no question that the Assembly is already committed 
to give further effect to it if it were necessary." To the 
Governor's request that the proclamation might be regarded as 
revoked, Mr. Whitaker replied : " It requires no revocation, as it 
never received his Excellency's signature." While thus disputing 
about principles neither the Governor nor the Ministry ventured 
upon details. The enormity of their demands made the latter 
anxious to conceal them until they could bind the Governor to 
accept them. 

In the end of June the report of the two prisoners who had 
been allowed to visit Rewi and the king-maker, led to the belief 
that those chiefs desired that the Waikato war should be regarded 
as at an end. " Welcome, my brothers ! welcome to Waikato ; 
to the river only, to the mountains only. There are no men ; 
the only men left are those in prison and yourselves. Come ; 
but I do not know whether you have been sent by the Govern- 
ment. If you have been sent in peace, give me the letter that 
we may know that you have bee'n sent. My opinion is that you 
have run away. Take away with you the war, and Waikato 
river ; and Waikato land take with you too. Had you brought 
a letter, we should have sent a letter; but as you are the 
Governor's letter, you must also be my letter." Such was the 
speech of Rewi. The king-maker and others spoke in similar 
strain. Six hundred and forty Maoris agreed. There seemed 
some prospect of peace if the Colonial Government would be wise. 
In the end of June also, Mr. Card well's despatch, instructing the 
Governor that his concurrence with proposed confiscation was to 
be no perfunctory matter, was received. Mr. Fox's contemptuous 

VOL. II. R 



242 NEW ZEALAND. 

opinion of the despatch has been noted. The Ministry thought 
its publication might strengthen them, and asked that it might 
be published. Their supporters, it was hoped, might be in- 
dignant. The Governor did not object, and the despatch was 
published on the 30th June. 

The location of military settlers was a parallel line of con- 
tention between the Ministry and the Governor. In April they 
proposed to locate the 2nd Waikato Regiment, under Colonel 
Haultain, in the Waikato district, on a line between Pirongia 
and Maungatautari. Sir George Grey asked for precise in- 
formation as to the posts to be occupied and the force to be 
placed at each. The Ministers said they were to be on the line 
of the Puniu river, which would include Te Awamutu (from 
which Rewi had expelled Mr. Gorst) and Kihikihi, Rewi's 
old abode. Each detachment should contain about 100 men. 
The precise points must be chosen by the military authorities, 
but the land must be eligible for settlement. The Governor 
declared that as Commander-in-Chief he was entrusted with 
the power which the Ministry wished him to cede to the 
General. They explained that they did not wish to interfere 
in questions as to the relative functions of the Governor and the 
General. As to choosing sites for forts they felt it was not 
their duty. Then it appeared that wider differences than the 
position of military posts were involved. The Governor dis- 
approved of the ministerial plan, and circuitously strove to 
exhibit its effect. Before giving orders to locate the 2nd 
Waikato Regiment at the Puniu river he wished to learn 
where the other Waikato Regiments were to be located, and 
over what total extent of country they were to be spread. 
His Ministers were not prepared to gratify him. "The time 
had not arrived (llth May) when it was possible definitely to 
determine." On the 17th May, they submitted to him a draft 
Order in Council, which he declined to sign because it defined, 
under the Settlements Act, " a district not of one tribe, or of a 
section of a tribe, but of many tribes, regarding some of whom 
no evidence had been placed before the Governor to show him 
that a considerable number of the members of such tribes have 
been engaged in rebellion. He ought not therefore to say that 
he is satisfied that they have been engaged in rebellion, and 



CONTENTION IN EXECUTIVE COUNCIL. 243 

perhaps to do them an irreparable injury with his successors, 
who would from his knowledge of the natives assume that he 
well knew what he was doing." (The wording of the Settle- 
ments Act enabled the Governor in Council to declare districts 
under the Act whenever he " shall be satisfied that any tribe, 
or section of a tribe, or any considerable number thereof, has, 
since 1st January, 1863, been engaged in rebellion against Her 
Majesty's authority.") "Upon the whole, the Governor would 
prefer a district being in the first instance defined which would 
embrace a considerable part of the territory of the Waikato 
and Ngatimaniapoto tribes, who have been engaged in the re- 
bellion." The Ministry, on the 30th May, "deferred to his 
Excellency's preference," and prepared an Order in Council 
defining the boundaries proposed, but urged that the location 
of the military settlers should be disposed of as soon as possible, 
as expenditure was being incurred which " the Colonial Govern- 
ment would not have the means of meeting." 

A singular episode occurred with regard to the Orders. On the 
28th May, the Governor, Mr. Whitaker, the Attorney-General, 
and Mr. Kussell, Minister of Colonial Defence, attended the 
Executive Council to which they were submitted. That the 
two Ministers were partners in a firm of solicitors may perhaps 
in part explain their method of transacting business. A signa- 
ture to a deed was in their eyes, perhaps, the be-all and end-all 
which would trammel up all consequence. Orders were pro- 
duced proclaiming a district including the valleys of the Waipa 
and the Waikato from Paparata to Hangatiki, and another 
district at Tauranga. The Governor signed them. Regula- 
tions for the districts were submitted and discussed, but not 
approved. The Governor and his Ministers had a serious mis- 
understanding as to what took place. Mr. Whitaker denied 
that the Regulations were submitted at all to the Council. 
Only the formal approval of the Order was in his opinion 
brought before the Council, and it was the Governor who intro- 
duced discussion on Regulations. The Governor declared that, 
after he had signed the Orders, Regulations were submitted 
"upon which the whole question depended." One of them 
(relating to location of natives who had been in arms) was : 
"Every man will have allotted to him a certain quantity of 



R 2 



244 NEW ZEALAND. 

land, which will vary in size, according to circumstances, from 
5 to 1000 acres." The Governor argued that something de- 
finite must be laid down about forfeiture. The natives ought 
to have a distinct offer, which would preclude all misunder- 
standing. The Ministers declined to make any statement on 
the subject. From time to time they would advise regarding 
other districts. They would not " say whether they would here- 
after give, or not, more land to the natives who might take it 
under these regulations." "I repeatedly pressed" (Sir George 
Grey said) " the necessity of their at once telling me their inten- 
tions regarding the confiscation of native lands, and the necessity 
also of letting the natives know their true position in this 
respect, and what was to be taken from them. They as re- 
peatedly declined. I declined to approve the Regulations until 
this was done, or to sanction the issue of the Orders in Council 
proclaiming the districts unless accompanied by a plain declara- 
tion to the natives of the proclaimed districts of what was 
expected from them." When actors in a scene differ in their 
evidence, the word of a bystander is usually accepted, especially 
when it is his formal duty to record what occurs. The minute 
made at the time by the Clerk of the Council was afterwards 
produced. It stated : " The Prime Minister submitted for ap- 
proval three Orders in Council defining and declaring three 
districts under the New Zealand Settlements Act, 1863, two of 
them being at Tauranga, and one in the Waikato country. 
He also submitted for approval Regulations establishing the 
districts, but at present to be applied only to the smallest 
district at Tauranga. On which a long discussion ensued. 
The Regulations were not approved of, and the Orders in 
Council were ordered not to be issued." When the Council 
met on the 16th June they disliked this record, and at their 
request the Governor erased it; though as the Clerk of the 
Council was sworn to take true notes of res gestce, it is difficult 
to discover under what code of ethics the recommendation of 
the Ministry or the erasure by the Governor could be justified. 1 
The time occupied in the dispute put off any decision until 
Mr. Card well's despatch of the 26th April, 1864, arrived, and 

1 The Royal Instructions required that minutes shonld " be read over, 
confirmed, or amendod," as the case might require. 



CONFISCATION DEMANDS OF MINISTRY. 245 

laid down principles based upon justice and moderation which 
Mr. Fox denounced as physically impossible, palpably absurd, 
and likely "to upset the plans of the Colonial Government." 
As, however, the Governor's voice was potential, the Ministry, 
on the 25th June, in compliance with his wish, stated their 
views upon confiscation. They desired a frontier line from 
Raglan or Kawhia to Tauranga. All land belonging to rebels 
north of that line, and that extending to the southern line 
defined in the Orders (signed but withdrawn on the 28th May), 
was to be confiscated; but it was proposed to give, in con- 
venient localities, from 10 to 2000 acres to each former in- 
habitant desiring to return. This was to be the extent of 
confiscation in Waikato. It might be necessary to deal separ- 
ately with the Ngatimaniapoto, whose land would not be 
sufficiently touched by this proposal. At Taranaki there was 
to be confiscation on both sides of the settlement. Sufficient 
land was to be taken from the Ngatiawa, Taranaki, and Ngatiru- 
anui tribes to establish military settlements and "afford a 
substantial contribution to the expenses of suppressing the 
rebellion." On the west coast land was to be taken from the 
Waitotara river to a convenient distance, including Waimate. 
Except in special cases, where the loyal and rebellious held 
lands in common, lands of the loyal would not be interfered 
with, and the Ministry anticipated no difficulty in making 
satisfactory arrangements to compensate the loyal. As to the 
east coast they had a difficulty in determining. " It would be 
impracticable to take forcible possession of the land of some of 
these tribes, and not desirable to attempt to place settlements 
on the land of any of them." If possible, cession of land should 
be brought about. Circumstances might modify these views, 
or the conduct of the natives might call for more stringent 
measures; "Ministers must therefore reserve to themselves 
the right to alter or modify their present proposals." By the 
term rebel natives they meant all persons whose lands might 
be taken under the Settlements Act, who might "be found 
not entitled to compensation." Sir George Grey explained that 
his original plan (June, 1863) of confiscation was to take land 
in Waikato proper, and not to go beyond Ngaruawahia. The 
military settlements would thus have had continuous support 



246 NEW ZEALAND. 

from a base at Auckland, and the population would have spread 
naturally as from a centre. It was not until April, 1864, that 
he had learnt at Pukerimu that the Ministry proposed to 
abandon this plan and locate the Waikato militia on a line 
between Kawhia and Tauranga ; in a manner widely different 
from that suggested by himself in 1863, and cordially concurred 
with by the Ministry of the day. Mr. Whitaker wrote a 
long paper to prove that the line suggested in 1863 "was of 
a different description, and for a different purpose from that 
which it was the object of the Government to establish across 
the Waikato." It remained " to confiscate the lands, or some of 
them, give away part on military tenure, and sell the remainder 
to defray the expenses of the war." " From the time his Excel- 
lency's present advisers 1 took office till the present time, they 
have never proposed or contemplated any other line of frontier 
than the one from Raglan or Kawhia to Tauranga." Whatever 
they had contemplated, Sir George Grey was justified in assert- 
ing that until Maungatautari was evacuated they had not pro- 
posed such a line to him. They waited till 10,000 British troops 
had struck down opposition before they made their demand. But 
though he shrunk from confiscating at large to gratify Whitaker, 
the Governor accepted the specific advice tendered to him as 
to forming military settlements in spots far in advance of the 
southern limit designed by himself. The map first shown to 
the General was so vague that he asked for further information 
as to the intended locations. A block of land about eight miles 
wide, stretching eastward from Pirongia to the Waikato river 
at Pukerimu, was marked out, but no sites for settlements were 
shown. The General was not told how many men were to be 
settled, or from which Waikato Regiment they were to be taken. 
On the 6th June, the Ministry proposed that the 2nd Regiment 
should furnish settlements at Kihikihi and Pirongia; the 1st 
Regiment should afford men for a settlement at Tauranga, and 
the 4th Regiment should be located on the Waikato river, 

1 Yet in 1879 one of them, Mr. Fox, published a statement incompatible 
with Whitaker's. " As the war was none of my making, so the confisca- 
tion was not prepared by mo. Both were the work of Sir George Grey and 
his Ministers, and not of me. My Maori friends will see that ... I had 
nothing to do witli it" ('New Zealand Hansard,' ^2nd July, 1879). 



MR. Fox AND MR. GORST. 247 

between Pukerimu and Kirikiroa. At each settlement 300 or 
500 men were to be placed. The plan involved abandonment of 
posts at the southern portion of the Waikato, but the Governor 
relinquished his own project on the understanding that the force 
maintained in front should not be greater than was required to 
defend the line between the Waipa and the Waikato. The ease 
with which the Ministers descanted upon military affairs was 
shown in a memorandum at this period. They were of opinion 
(27th June) that it was very desirable to send an expedition as 
soon as practicable against the king-maker's settlements of Mata- 
mata and Peria. They did not intend to occupy, but they would 
destroy. " It is of the first importance," they added, " that an 
effective blow should be struck at Taranaki and Wanganui as 
soon as possible." Mr. Fox also warming with dignity when, 
at Waikanae, Wi Tako declared allegiance to the Queen (3rd 
June), enunciated terms for natives then in arms, which, though 
contained in the draft proclamation signed by the Governor on 
the 30th April, had been withheld as unjust, and were declared 
by Mr. Whitaker to need no revocation. Called upon to explain, 
Mr. Fox (incredible as it may appear) cited the cancelled draft as 
his justification, on the ground that it was " only not issued for 
reasons ab extcrno which appeared to the Colonial Secretary to 
have no application to Wi Tako's case." Indiscriminate retorts 
reduced the Ministry to absurdity, for though the words were 
spoken to Wi Tako they referred by name to the Ngatiruanui and 
Taranaki, as well as to the Ohau and Otaki natives, and therefore 
the case was not the case of Wi Tako. The position of the Minis- 
try was not less galling because they had brought it upon them- 
selves. Mr. Cardwell's injunctions might have been less pointed if 
they had not been demanded by the demeanour of the Ministry. 
In May the Secretary of State announced that the Act for 
compulsory taking of land for public purposes by Provincial 
Legislatures could not be recommended for allowance by the 
Crown unless amended so as to exclude native possessions from 
its operation. This announcement reached New Zealand in 
July, and with it arrived a separate despatch enclosing observa- 
tions made in London by Mr. Gorst, who deprecated such 
wholesale confiscation as would tend to render the Maoris 
desperate and keep them permanently in arms. He wrote 



248 NEW ZEALAND. 

strongly in praise of the Ngatihaua and Waikato tribes, from 
whom he had received many acts of kindness. He described 
their great villages and hamlets as if still "dotted about the 
country, surrounded by their patches of cultivated land. The 
whole district is occupied and used ; it bears marks of having 
been enriched and improved by the labour of its inhabitants. 
Good fences have been erected ; Rangiaohia, for instance, is sur- 
rounded by a fence many miles in circuit ; roads are made in 
various directions; bridges have been thrown over impassable 
swamps ; and a good many mill-dams have been constructed." 

Mr. Gorst wrote in May; but the scene had been desolated 
in a manner unknown to him. To destroy cultivation, orchards, 
mills, and homesteads, had been the theory and practice of the 
war. But though Mr. Gorst made no direct allusion to the 
Ministry, Mr. Fox lost all patience at his interference. He 
denounced him as inexperienced, and said his book on the Maori 
king, though "rather clever, was by the free use of the sup- 
pressio veri and the suggestio falsi " calculated to convey 
untruthful impressions, and was " also very full of absolute 
mis-statements." 1 He declared that the Ministry could have 
had a staunch supporter of their policy in Mr. Gorst, if they 
would have given to him a seat in the Legislative Council : to 
which Mr. Gorst replied, that though when in Sydney in 1863 
he told Mr. Dillon Bell that he would accept such a seat 
untrammelled with office, and with freedom to express his own 
views, he did not wait an answer from New Zealand, when none 
arrived by return of post, but sailed for England. Having 
seen with what pertinacity minutes and counter-minutes were 
exchanged on the subject of escaped prisoners, the reader may 
conceive the exaggerated length to which they were drawn out 
on other matters. It would be a hopeless task to invite him to 
wade through even a summary of the minutes which passed 
between the Governor and his advisers on the subject of land 

1 Mr. Fox in his own retort unwittingly made an absolute mis-statement. 
He averred that tho song sent to Turanaki, in 1863, to stir up the natives 
to commit the murders at Onlcura, " and which became the tocsin of the 
rebellion, was composed for the occasion by a Middle Waikato man." 
Unhappily for Mr. Fox the song had been printed in 1850 by Sir George 
Groy in u collection of ancient New Zealand songs. Sir George Grey. 
Despatch, 30th August, 1846. 



MINISTERIAL SCHEME OF CONFISCATION. 249 

confiscation. It is a slough of despond. If a traveller could be 
imagined in a marsh never deep enough to drown him, never 
freshened by rain or stream, and without a shore, the task of the 
historian of New Zealand at this epoch can be understood. The 
mud of disagreement is stirred up at every step, and the wiles 
of controversy wind like weeds around him to prevent progress. 
If Mr. Cardwell's despatch had not arrived, and enabled the 
Governor to cut the knot, it is certain that he and his Ministers 
would have found it " too intrinse to unloose." The extent of 
the confiscation proposed by Whitaker and Fox deserves to be 
recorded. Though the latter had once opposed injustice to 
Maoris, he was no sooner enlisted under Mr. Whitaker than he 
supported the principles he had formerly resisted. In January, 
1864, commenting on Sir William Martin's arguments, he 
declared that it was injurious to the Maoris " to retain possession 
of immense tracts of land, which they neither use nor allow 
others to use : " and there was no act of rapine which would 
not be sanctioned by such an axiom. Accordingly, when the 
Ministry, flushed with the conquest of Waikato, submitted their 
scheme of confiscation, in May, 1864, the district to be pro- 
claimed under the Settlements Act, and thus rendered liable to 
confiscation, was sweepingly described. 

From the Tamaki Portage, near Auckland, across the Frith 
of Thames, and round Cape Colville, thence by a line including 
the fringe of the sea to Tauranga, " thence through that harbour 
to Urumingi, thence to Arowhena, thence to Hangatiki, thence 
to the mouth of the Awaroa river on the Kawhia harbour, 
thence along the west coast to the Manukau harbour, and 
thence to the Tamaki Portage." Such was the line. Every 
man within it who had borne arms against the Queen was to 
sign a declaration to submit to her law, and to give up his arms, 
or satisfy Mr. Whitaker's subordinates that he had none. The 
rape of Waitara, which Mr. Fox opposed, was a petty theft in 
comparison to the larger deeds which would be done under the 
Order in Council prepared by Mr. Whitaker for the Governor's 
signature on the 17th May. The Order declared that the 
Governor in Council was "satisfied that the native tribes, or 
sections of tribes, or considerable numbers thereof in the dis- 
trict," had (after 1st January, 1863) been engaged in rebellion. 



250 NEW ZEALAND. 

The line exempted the Ngatiwhatua and more northern tribes, 
but subjected the Waikato, the Ngatimaniapoto, the Ngatirau- 
kawa, the Ngatimaru, the Ngaiterangi, the Ngatipaoa, the 
Ngatitai, the Ngatihaua, and various sub-tribes or hapus, who 
had friends and blood-relations south of the line which ran from 
Kawhia by Hangatiki to Tauranga. Eight millions of acres 
would have been gathered within it. The Governor said he 
was not satisfied in the manner required by the Act : he would 
not mix innocent tribes with the guilty ; he would not proclaim 
millions of acres as liable to penalties which in his opinion ought 
to fall only on territories of single tribes, or sections of tribes. 
Then followed the scene on the 28th May, concerning which 
the testimony of the Clerk of the Council has been cited. As 
the Ministers (by their admission) declined to define their 
policy on confiscation, the Governor directed the Clerk to retain 
the Orders already signed, and not to allow them to be issued 
until the Governor had approved the Regulations. 

Mr. Whitaker, a few months later, wrote : " It is possible that 
his Excellency has not understood the subject himself, and that 
the confusion of ideas which pervades his ' Memorandum ' is the 
candid reflex of his mind. . . . The conclusions arrived at by 
his Excellency as to the proposals of his Ministers being con- 
trary to law and equity, contrary to his duty to the Imperial 
Government, and not in accordance with the responsibilities 
imposed by the presence and aid of the British forces, and the 
expenditure of large sums of British money are entirely without 
foundation ... a just, satisfactory, and permanent peace 
has been indefinitely postponed by the vacillation and indecision 
of his Excellency." Had Sir George Grey vacillated in deference 
to Mr. Whitaker, he would perhaps have been falsely credited 
with courage. It was certainly galling to intriguers to find 
their hopes dashed after the coveted Orders had been signed. To 
succeed in a trick and not to reap its reward is intolerable. The 
Orders thus blighted in the bud were framed to obviate the 
Governor's reluctance to confound the guilty with innocent 
owners. One confiscated a separate block at Tauranga. Another 
cone prised an irregular block running along the valleys of the 
Waipa and Waikato rivers, from Maungatawhiri, and reaching 
Hangatiki. No estimate was arrived at as to the quantity of 



THK MINISTRY AND BISHOP WILLIAMS. 251 

land which would be required for settlement and sale. The 
Ministry having failed in their project, and Mr. Cardwell's 
celebrated despatch of the 26th April having arrived, it was 
thought advisable to strengthen their position against the 
Governor by putting forward an opinion given by the Bishop of 
Waiapu (W. Williams), who, commenting on the suggestion of 
the Aborigines' Protection Society, that peace should be obtained 
by negotiation, expressed his conviction that only by some con- 
fiscation could the Maoris be made to feel the evils of their 
courses. This indeed was the deliberate statement of the 
Governor himself. 

The Bishop's letter (15th April) to Mr. Fox was used in such 
a manner that he thought it necessary to write another declaring 
that he only advocated "confiscation upon such principles as 
will commend themselves to our Government at home and to 
the Christian public." In the notice to natives to surrender 
arms " and take the oath of allegiance, but that their lands are 
in the hands of the Governor, there is nothing to assure and 
encourage them that their case is not desperate. ... I beg to 
submit that some definite terms should be laid down to the 
natives, particularly in reference to the land which may be left 
to them." Mr. Fox, who, in reply to Sir William Martin, thought 
it injurious to leave natives in possession of unused land, auda- 
ciously wrote to the Bishop (4th July) " The Ministry do not 
believe that there is any material difference between your 
opinion and theirs on the subject." Having made an assump- 
tion so unwarrantable, Fox thought it advisable to send it to 
England. " His Lordship's opinion is entitled to so much 
weight, that perhaps his Excellency will excuse the suggestion, 
that the correspondence should be forwarded to the Secretary of 
State." On the 29th July, the Governor asked the Ministry to 
inform the Bishop of the extent of confiscation they proposed, 
and their construction of the term Rebel Natives, " in order that 
his Lordship, who is now in town, may state whether, in express- 
ing his opinion, he intended to advocate a confiscation of that 
nature and extent." The Ministry gave no reply. On the 
25th August, they were asked for one. Mr. Fox then declared 
that they were of opinion that it would be inconvenient to 
communicate "their plans to persons not members of the 



252 NEW ZEALAND. 

Government," that the Bishop could have no special knowledge 
or experience, and " Ministers would not attach much importance 
to his opinion (probably formed entirely from a native point of 
view) upon the details of the Government plans." In other 
words, Mr. Fox would entrap the Bishop into what might be 
used as an approval of plans the nature of which he would not 
allow the Bishop to know. Sir George Grey sent all the corre- 
spondence to England, where, with such an exposure of its 
composition it could do no harm, and Mr. Cardwell merely 
acknowledged its receipt. 

Bearing in mind what had occurred on the subjects of the 
escaped prisoners, and confiscation of lands, it is startling to 
find that, on the 2nd August, 1864, in commenting on Mr. 
Cardwell's despatches, laying down principles for the Governor's 
guidance as to confiscation and negotiation for peace 1 the 
Ministry told Sir George Grey : " Practically no difference of 
opinion as yet exists between his Excellency and his advisers, 
and they trust it may not arise." As, however, after publication 
of the despatches, "a feeling had arisen in the colony" that Mr. 
Cardwell intended to " subvert the existing arrangement as to 
the administration of native affairs in some matters," the Ministry 
protested " without delay against the introduction of a new form 
of Government," partly administered by the Governor, and 
partly by his advisers. 

Let the reader pause for one moment to reflect upon the" 
difference between the cession suggested by Mr. Cardwell and 
the confiscation proposed by Whitaker and Fox. All tribal 
rights were guaranteed to Maoris by the treaty of Waitangi. 
One contracting party has no power to abrogate any provision 
of a treaty. Cession as an act of a whole tribe might plausibly 
be represented as permitted by the treaty. The confiscation 
was a mere outrage upon treaty and law : for Whitaker con- 
fessed that it would be worthless unless it could be stretched so 
as to rob the innocent. Admitting that a Maori could be made 
a rebel because he resisted attacks made upon him, and that his 

1 26th May, 1864. Mr. Cardwell : "It is my duty to say to yon plainly, 
that if, unfortunately (your Ministers') opinions should be different from 
your own as to the terms of peace, Her Majesty's Government expect you 
to act on your own judgment," &c. 



THEORIES OF CONFISCATION. 253 

rights might be forfeited ; yet his share in land was tribal, and 
to confiscate his rights left those of others unharmed. The 
portion of the tribe which remained faithful to the Queen there- 
fore gathered 1 into themselves both by treaty and law any 
lapsed rights of their tribesmen. Te Wheoro and his friends, 
who accompanied General Cameron in the Waikato campaign, 
might be enriched by the death or disappearance of their con- 
quered tribesmen, but the destroyed rights could not attach to 
the Queen. No men knew this fact better than Whitaker and 
Fox, and their persistence in urging confiscation was but a 
continuance of the spirit which actuated the New Zealand 
Company and Earl Grey in deriding the " so-called treaty " made 
by the Queen. Sir George Grey (26th August) forwarded the 
ministerial protest to Mr. Cardwell. He affirmed that the 
publication of Mr. Cardwell's despatch of the 26th April had 
"produced a very happy effect upon the native population." 
To it he attributed in no small degree the surrender of the 
Tauranga tribe. He pointed out that the discussions between 
himself and his advisers, as already communicated to Mr. 
Cardwell, showed that considerable difference had arisen between 
himself and his advisers on questions of Imperial concern. He 

1 Such seems the only result either in justice, or logically, of forfeiture of 
a tribal right. The contention of Whitaker and Fox was of course outside 
of the domain of logic, law, or justice. It was, I believe, reserved for the 
sagacity of Sir Arthur Gordon to suggest a modus vivendi by which the 
rapacious acts done before he became Governor in New Zealand might be 
partially reconciled with justice viz. that on confiscation of rights of a 
Maori, the confiscating authority should become seized of the confiscated 
tribal rights of their victim without destroying those of his tribesmen. 
Though such a position may be defended with subtlety, and is a large absti- 
nence from the cynical rapine put in force by New Zealand Ministries, it is 
manifest that the entry of the local government into tribal rights by an act 
of force exercised by that government opens the door to iniquity which the 
cupidity of the moving spirits in New Zealand has never restrained. The 
three theories are sufficiently distinct. One holds that an honourable regard 
for the treaty of Waitangi demands that every man's tribal rights shall be 
respected absolutely. This cannot be the case if he be compelled against 
his will to accept the Government as joint owner. TheWhitaker-Fox theory 
was not only that the Maori must be robbed of his land in defiance of the 
express words of the treaty, but thai it was of no use to rob the guilty unless 
at the same time the innocent were robbed. Sir Arthur Gordon's contention 
would limit the acquired rights of the confiscating Government to the 
extent and to the quality of the rights of the assumed traitor. 



254 NEW ZEALAND. 

urged, on general and local grounds, that it was not salutary to 
hand over to a Ministry, feebly responsible to the local legisla- 
ture, uncontrolled power over the lives, actions, and honour of 
British men and officers engaged in war in a country where the 
race which elected to the legislature was more or less excited 
against the other race which was altogether unrepresented, and 
yet included the largest landed proprietors in the Northern 
Island. He was confident that when Mr. Cardwell had deter- 
mined on a policy, just to Great Britain and to Maoris and 
colonists, he might rely on the good sense and good feeling 
of a majority in New Zealand in support of it. 

In the end of August a crisis was approaching. General 
Cameron had been consulted on the demand of the Ministry for 
a frontier line (partly maintained by the Queen's troops) from 
Raglan or Kawhia to Tauranga. He saw great objections to 
the plans for an expedition in winter against the tribes at 
Matamata and Peria, and for what appeared like a winter cam- 
paign at Taranaki. As the Ministry seemed to cling to their own 
ideas of strategy, Sir George Grey told him (30th August) that 
" If he had not determined not to act upon the advice Ministers 
tendered him, that operations should be followed up at Tauranga 
in the manner they proposed, the aspect of affairs in New 
Zealand would have borne at this time a very disastrous 
character." The king-maker's people were at Matamata and 
Peria, and the Ministry thirsted with more than common thirst 
for his destruction, although Mr. Mackay, the Civil Commissioner 
of the Thames district, had reported on the 16th August : "It 
does not appear to me that the natives intended to be otherwise 
than friendly towards the Government unless some military 
operations take place at Matamata or Peria, in which case if the 
hostile natives were driven down into their country they would 
assist them, and retreat to the wooded spurs of the Aroha ranges, 
a position, from its inaccessible and rugged nature, they could 
occupy and maintain with a very small force against highly 
superior numbers." The Ministry sneered at Mr. Mackay as 
having been duped ; but in September they had strained their 
powers so far that they had given way. The Maori prisoners 
had been transferred to the island of Kawau in August, and 
Mr. Fox had recorded his protest against Mr. Cardwell's theory 



THE MINISTRY ON TERMS OF PEACE. 255 

that, subject to law, the Governor was the arbiter of their fate. 
The inability of the Ministry to deal justly or generously with 
negotiations for peace, or with cession of lands, threw the 
responsibility upon the Governor, and on the 7th September he 
sent to his advisers a draft of a proclamation drawn in com- 
pliance with Mr. Cardwell's instructions, in order to give the 
natives an opportunity of submission before the resumption of 
warlike operations. He offered free and absolute pardon to all 
who might " come in on or before the 22nd October, take the 
oath of allegiance, and make cession of such territory as may in 
each instance be fixed by the Governor and Lieutenant-General." 
The pardon would not be extended to persons engaged in certain 
murders which were to be specified. The Ministers agreed to 
the issue of the proclamation with provisoes. Arms were to be 
given up, except where the Governor might deem their retention 
necessary to defend their owners against rebels still in arms. 
Mr. Whitaker required the Governor's assurance that the cessions 
would be of the required extent, and that if not availed of by the 
day fixed in the proclamation the terms should lapse, and 
forfeiture should without further delay supersede the proposed 
cession. The Governor would not give the assurance required. 
The Ministry sought to acquire territory to defray war expenses, 
or to be devoted to military settlements. He, on the other 
hand, viewed the cession as a punishment inflicted to deter 
others from rebellion, and proportionate in each case to the 
guilt of the tribes involved. He could not take a man's land 
more largely than justice would warrant merely because it 
might be wished to plant settlements upon it. He recalled the 
reasons which prevented the issue of a proclamation in May, 
requiring the surrender of arms, and which were still cogent. 
Mr. Whitaker declined (13th September) to acquiesce in the 
proclamation. Rebels were from time to time sun-end ering in 
considerable numbers, and the Government ought not to vacil- 
late. The Governor misunderstood the ministerial view of 
acquisition of territory. " Ministers explicitly declared that the 
contemplated cession should include the objects (named by him), 
not that they were the only ones sought." Their memoran- 
dum was lengthy. The Governor replied to it at almost equal 
length on the following day. He had not accepted advice from 



256 NEW ZEALAND. 

Ministers on several occasions, because lie would not drive a nation 
to despair. If the Ministry had intended to oppose conformity 
with Mr. Card well's despatch, Sir George Grey thought they 
ought not to have published it. For his part he concurred in 
the justice of the instructions therein. He unhesitatingly 
appealed " to his country and to posterity to judge between his 
views and those of his responsible advisers, and to pronounce 
whether when a man has come to a decision amidst so many 
and great difficulties, his responsible advisers ought not to 
refrain from clouding his judgment, and trying to force him to a 
decision he does not approve, by using such language as their 
memorandum contains. If upon reconsideration his responsible 
advisers still refuse to acquiesce in the proclamation submitted 
to them, as the Governor, for the reasons he has stated, con- 
siders it to be his duty, sorry as he is to differ in opinion with 
them, to adhere to his intention of issuing it ; he begs to be 
informed what course they intend to pursue." 

The escape of the prisoners from Kawau might delay the 
issue until the effect of that escape on the Maoris might be 
ascertained, but he wished for an* early reply. On the 20th 
September, the mail from England brought information that 
Mr. Reader Wood's negotiation for the New Zealand loan had 
failed to procure more than a very small instalment, and even 
that at a low minimum. Out of 1,000,000 offered, only 5000 
were tendered for at 90, on the first day. On the 22nd 
September, the Ministry wrote a portentously long minute, in 
which they requested to be relieved from office " if his Excellency 
adheres to his intention of issuing the objectionable proclama- 
tion." Sir George Grey before deciding to accept their resign- 
ations determined to acquaint himself with the financial 
condition of the colony. They had averred that the demand 
for land had not been vague. It was "not a quantity to be 
measured by any man's opinions, but a given rule easily applied, 
which would leave nothing to be determined by thoughts and 
opinions, and in strict accordance with the instructions from 
England and the views of the General Assembly." The Governor 
asked what was the given rule so easily applied. They told him 
with equal curtness that each military settler was entitled to a 
certain number of acres, that a similar rule would apply to each 



VAGUE CONFISCATION DEMANDS. 257 

immigrant from Great Britain, and that there would be no diffi- 
culty in determining the moderate quantity required for sale. 
He asked for an approximate estimate, and at last obtained from 
them what for months he had besought in vain. On the 30th 
September, they formulated their demands as to quantity, but 
not situation, of land required by confiscation. In Auckland, 
military settlers would require 360,000 acres ; emigrants from 
England, 240,000 acres ; for sale would be required, 400,000. In 
Taranaki, military settlers would need 180,000 acres ; emigrants 
from England, 120,000 acres ; for sale would be required 300,000 
acres. The total of 1,600,000 acres was less than had been 
proposed hi the Assembly, but Ministers had " made the modifi- 
cation for the purpose of avoiding any imputation even of 
prolonging the war for the acquisition of territory." The sudden 
readiness to give information was due to an interview between Mr. 
Reader Wood (the Treasurer, who had returned from England), 
and Sir George Grey, on the 29th September. Mr. Wood in a 
letter from England (written in July), had complained of attacks 
made in the ' Times ' newspaper upon the Colonial Government 
and the colonists, " accusing them of closing all avenues to peace, 
and of employing the British troops to fight not in a war of 
defence, but in a war of aggrandisement, and for the purpose of 
wresting land from the natives by force." Mr. Wood, arriving from 
England in September, and discussing the subject, was told that 
the opposition of the Ministry to the proclamation of pardon to 
the natives was calculated to close the avenues of peace. Mr. 
Wood suggested that the Ministry should retire. On the 30th 
September, they tendered their resignations. They were, there- 
fore, practically out of office when they consented to inform the 
Governor, even approximately, how much land they wished to 
confiscate. He thanked them, and asked if they would oblige 
him by showing approximately the boundaries of the required 
lands. They were unable to do so, " even approximately. . . . 
It was not intended to take the land required in one block, but 
in several, of which some would have been small ; and as to 
others there is not sufficient information to determine even the 
precise localities." No man of ordinary intelligence could have 
supposed that such a seizure of land could fail to foster enmity 
and suspicion among the Maori owners who were to be ejected, 
VOL. n. s 



258 NEW ZEALAND. 

but who, even at the last moment, knew not which of them 
were to be sufferers. Again appealed to, they sent a tracing in 
which they designated 340,000 acres surrounding Taranaki, a 
rectangular block of 564,000 acres extending from Waimate to 
Waitotara, and an irregular block widening from Drury to the 
south so as to include the valleys of the Waipa and Waikato 
and reaching nearly to Hangatiki. But they furnished this 
approximate description on the distinct understanding that 
neither their successors nor the Assembly were to be prejudiced 
by their act. The Governor was unwilling to seek new advisers 
until he had obtained accurate information as to the financial 
position of the colony. He asked for it on the day on which 
his Ministers had formally resigned. They replied : " Ministers 
do not understand that it is the duty of his Excellency or them- 
selves to furnish information as to the financial position of the 
colony to any person who may profess a willingness to accept 
office; indeed they foresee probable evil consequences as the 
result of such a circumstance to men not under responsibility." 
They would, however, furnish the Governor with information. 
Outstanding debts amounted to more than 1,400,000, .of which 
half-a-million was due to the Imperial Government, and was to 
be paid out of the proceeds of that portion of the loan for three 
millions which the Imperial Government might guarantee. The 
monthly expenditure exceeded the monthly income. The Govern- 
ment had drawn nearly three-quarters of a million sterling 
against debentures, for a million and a quarter, held in London 
for sale or hypothecation. Nevertheless, the Ministry declared 
(3rd and 6th October) that they saw "no financial difficulty 
whatever if the plan of settlement and confiscation be carried 
out as authorized by the General Assembly and sanctioned by 
the Imperial Government, notwithstanding the failure of the im- 
mediate negotiation of the loan." They added that in consequence 
of that failure they would have advised an immediate reduction 
of war expenditure had they remained in office. Mr. Cardwell's 
despatch (26th April) on confiscation or cession, when shown to 
Mr. Reader Wood in England, elicited his warm concurrence. 
He recorded it in writing : " I take this opportunity of stating, 
formally and officially, that which I have previously had the 
honour of stating to Mr. Secretary Cardwell personally, that 



WHITAKER MINISTRY KESIGNS. 259 

there is nothing in the instructions of April 26th to Sir George 
Grey that does not represent the views of the Colonial Govern- 
ment in practically carrying into effect the policy of confiscation 
authorized by the Legislature in the New Zealand Settlements 
Act. . . . On my own behalf, therefore, and that of my colleagues 
I can give to Mr. Cardwell a full assurance that the Local 
Government will certainly co-operate with Sir George Grey in 
carrying out that just and temperate policy towards the native 
race embodied in the New Zealand Settlements Act as limited 
in its operation by his instructions of April 26th." Mr. Wood 
was in no doubt as to Mr. Cardwell's meaning, for he wrote to 
his colleagues (with regard to the requirement that " a measure 
should be at once submitted to limit the duration of the Act to 
a definite period," &c.), that he asked Mr. Cardwell whether he 
wished the Parliament to be at once assembled ad hoc, and Mr. 
Cardwell replied : " Two years are given during which the Crown 
has the power of disallowing ; if within that time I find that the 
Parliament will agree to carry out the Act in the manner I have 
suggested, and to limit its duration to a definite period, the 
power of disallowance will not be exercised ; if not, it will." 
When reminded of this statement, Mr. Whitaker did not shrink 
from retorting that the Ministry agreed with Mr. Wood's words, 
and were ready to repeat them, but that " what Mr. Wood did 
say had no reference whatever to cession but to confiscation ; " 
although Mr. Cardwell's announcement of the intentions of Her 
Majesty's Government declared : " It is in their opinion very 
much to be desired that the proposed appropriation of land 
should take the form of a cession imposed by yourself and 
General Cameron upon the conquered tribes." 

The reader who bears in mind Mr. Fox's denunciation of Mr. 
Cardwell's despatch as utterly mischievous, must be anxious to 
escape from the crooked windings in which it has been necessary 
to follow the course of the Whitaker Ministry ; who soon after 
this audacious statement quitted office. On the 8th October, 
they informed the Governor that they thought that all war 
expenditure from colonial sources should be stopped, and that 
the General Assembly ought to be summoned at a date not later 
than 15th November. Sir George Grey replied, that in view of 
the financial position he had come to the conclusion that he 



S 2 



260 NEW ZEALAND. 

could not form a new Ministry in time to meet emergencies, and 
that the proper course would be to summon the Assembly. He 
at once acquiesced with their advice. They had also urged him 
to bring the Settlements Act into operation, but he understood 
Mr. Cardwell's instructions and his conversation with the 
Treasurer as implying that the Act ought not to be brought into 
operation until there had been a failure to obtain cessions of 
land in the manner proposed by the Governor's proclamation. 
He would undertake that the natives making them should do 
so as defeated rebels, and would conclude no arrangements 
without considering the opinions of his advisers. He did not 
ask the Ministry to acquiesce in his proclamation or be respon- 
sible, but wished it to be inserted in the ' Gazette ' at the time 
chosen by himself. Mr. Whitaker replied that the proclamation 
should be inserted. On the 24th October, the Governor forwarded 
it in terms similar to those in the draft rejected in September 
by his advisers ; but extending the day of grace to the 10th 
December instead of the 22nd October. At his request they 
added a list of exemptions from pardon of all persons (unnamed) 
engaged in the commission of murders which were found by 
juries to have been committed ty some person or persons of the 
native race. The catalogue included 29 cases. The proclama- 
tion, signed on the 25th, was issued on the 26th October. None 
of the Ministry countersigned it. The General and the Commo- 
dore concurred with it, and regretted that it had been so long 
delayed. The king- maker wrote to the Governor. He was 
almost alone in Waikato. The war preparations had drawn the 
tribes to Taranaki. " Extend to me," he said, " the days from 
the 10th December even unto the end of February. My great 
desire is to have to the end of April, but I presume you would 
not grant my request, and therefore only ask to the end of 
February." Let the chiefs assemble to consider the proclamation. 
For himself, the suspension of hostilities he had agreed to at 
Ngaruawahia, still continued. "I gave my word then. You 
keep Waikato. I will not fight there. My word is the same 
now. The words which I now leave for the assembling together 
of Waikato are : 1. The land. 2. The murders. 3. The 
guns and powder." The Ministry affected to believe that the 
king-maker had become a Hau Hau, but the Civil Commissioner 



REMOVAL OF SEAT OF GOVERNMENT. 2G1 

reported that in conversation with him the king-maker expressed 
great contempt for the new superstition. Mr. Fox, nevertheless, 
retorted that however remarkable a man Te Waharoa might be, 
and undoubtedly was, Mr. Fox had a painful impression that his 
sincerity and truthfulness were not to be relied upon. The 
Ministry continued to advise the Governor on such subjects as 
accommodation of immigrants, and location of troops in Waikato. 
The removal of the seat of Government to Cook's Straits as 
resolved on by the General Assembly had been an open question 
with the Ministry. Odium was dreaded by a provincial states- 
man if he should be candid enough to confess that any site was 
eligible except one in his own province. The Governor was 
personally entrusted with the negotiations under which Com- 
missioners were appointed. Mr. Joseph Docker of New South 
Wales; Sir Francis Murphy of Victoria; and Mr. Ronald C. 
Gunn of Tasmania, after due examination, handed their report 
on the 3rd October to the Superintendent at Nelson, who on 
the 10th transmitted it to Auckland. They unanimously re- 
commended Wellington as the best site. Their report was 
received at Auckland by Mr. Fox on the 14th October. When 
the Governor informed his advisers that he concurred with them 
in thinking that the Assembly ought to be convened, they asked 
him on the 10th October if he had received the report of the 
Commissioners. He said he had not. On the llth, they 
transmitted to him a proclamation calling the Assembly together 
at Wellington. On the 12th, they requested him to give his 
consent, before five o'clock on that day, to the proclamation. 
On the 12th, he said he had been quite taken by surprise by 
their sudden choice of Wellington. Auckland would be injured 
by so unexpected a removal. Threatened as it was by a 
financial crisis, and by renewal of war, it deserved consideration, 
and he must take time to deliberate on a matter thus suddenly 
and without previous consultation thrust upon him. The 
escaped prisoners had been but a month on their hill-top at 
Omaha, and it was not known whether they were planning war, 
or would be supported by other tribes. The Ministry were 
engaged in considering the supplication from Europeans at 
Omaha for help in their peril. On the 13th, a petition signed 
by more than 1500 inhabitants of Auckland deprecated the 



262 NEW ZEALAND. 

sudden removal of the General Assembly at so critical a 
conjuncture. On the 17th, the Ministry were willing to allow 
the Governor to fix the place of meeting, but as he declined to 
do so, they advised on the 18th that it should meet at Auckland 
on the 21st November. There was no circumstance, technical 
or serious, on which the relations between the Governor and his 
advisers were allowed to work without needless friction. Mr. 
Fitzgerald declared that the colonists were living under a 
" Memorandummiad." Ministers began to be weary of their 
vain work. They complained of the " already enormous file of 
despatches and minutes." " In the hands of the Governor is all 
the power; he alone can move troops. He alone can con- 
fiscate ; he alone has the fate of prisoners in his hands. 
Ministers are really powerless." Yet though their views were 
" diametrically opposed " to his, he would not accept their 
resignations. The Whitaker Ministry had indeed been useless 
for good, but men are more powerful for evil than for good. If 
a generous and prompt policy had been adopted towards the 
prisoners and the vanquished, the whole aspect of the colony 
might have been changed. But the prisoners had been kept in 
torturing suspense, their friends in arms were partners in 
anxiety, and the Hau Hau fanatics had been aided in adding 
fuel to the fires of disaffection. The coast between Wanganui 
and Taranaki was the hot-bed of wild passions, and exiles from 
Waikato had flocked thither to swell the rebel bands. Even 
the tardy proclamation of pardon in September might have 
arrested the troubling of the waters, but the Ministry had 
withheld their consent. They would neither do good themselves 
nor allow others to do it. To crown their disgust a despatch 
(August) from Mr. Cardwell arrived in October. Commenting 
on the differences between the Ministers and the Governor, it 
declared that Mr. Reader Wood "was distinctly told that his 
acceptance of my proposal for a guaranteed loan would be 
regarded by Her Majesty's Government as an assurance on his 
own part and that of his colleagues of their desire cordially to 
co-operate with you in that just and temperate policy towards 
the native race ; and his reply, which was laid before Parliament, 
was perfectly satisfactory and complete in this respect." It told 
the Governor that in using every legitimate means to give 



FORMATION OF NEW MINISTRY. 263 

effect to the instructions of the 26th April, he might count 
upon the cordial support of the English Government. On these 
and other points the Ministry continued to compile minutes, of 
which there seemed no end, until the 23rd November, the day 
before which the Assembly was to meet. The Governor's last 
memorandum briefly urged that he had endeavoured to act 
constitutionally, and that he was " satisfied that larger experi- 
ence in public affairs of the kind which have recently been 
transacted in this colony, will lead his present advisers ulti- 
mately to admit that such is the case, and to withdraw their 
present opinions, and to regret that they have often expressed 
themselves in language of such unusual strength." 

In forming a new Ministry, it was absolutely necessary to 
respect Mr. Cardwell's injunctions, and to contemplate a reduc- 
tion of the Imperial forces in the colony. The small section 
of the English public which concerned itself with the wrongs of 
Maoris recoiled from savage extermination of a gallant race, 
outnumbered by ten to one of those in arms. The naval and 
military forces on the spot shared the feeling that they were 
made the catspaw to drag from the fire the prizes coveted by 
the colonists. 1 The taint of the original injustice at Waitara 
manifestly clung to the acts of Whitaker and his colleagues. 
The army and navy loyally fought against the Maoris, but they 
accorded to them an admiration, if not a sympathy, which they 
could not feel for some of their grasping countrymen. Mr. 
Cardwell wrote (26th September) : " If the doctrines now 
broadly propounded by your Ministers are to be admitted, New 
Zealand must be regarded not only as owning no dependence 
upon the mother country, and as having that inherent right 
which independent countries exercise of conducting their own 
affairs according to their own judgment, but as having this 

1 The military always evinced a better feeling than was shown by those 
whose battles they were fighting. Lieutenant-Colonel Carey, C.B., pub- 
lished a ' Narrative of the Late War in New Zealand ' (London : Bentley, 
1863). He said, p. 189 : " Many more would have returned to their alle- 
giance but from fear of the colonists, who treated even the friendly tribes 
with the greatest brutality. . . . The prisoners we took had to be most 
carefully guarded, not so much to prevent escape, as to save them from the 
un-English and unmanly attacks of the Europeans, who, when they could 
do so with safety, treated them with the greatest indignities. Widely 
different was the behaviour of the soldiers. . 



264 NEW ZEALAND. 

right coupled with the singular privilege of enjoying the 
services of a Governor, a General, and an army furnished by this 
country. On the other hand, the mother country would be 
simply a tributary nation, affording at its own cost the means 
of carrying into effect the policy of the Colonial Ministers, with- 
out exercising any voice in the direction of that policy. It is 
sufficient to state these conclusions. It is not necessary to 
enter into any discussion of them." England had furnished an 
army of the finest troops under an accomplished General, had 
consented to guarantee a loan for the service of the colony, and 
Mr. Cardwell looked for a spirit of reason, of good sense, and of 
cordial co-operation, which he was confident would not be 
appealed to in vain. The Governor's new advisers would be 
compelled to include Mr. Cardwell as a factor in the forces 
which would control New Zealand so long as Imperial troops 
might be retained. On the 21st October, 1864, there had -been 
a public meeting at Christchurch, at which Mr. Weld had 
advocated a policy of self-reliance. Let the colony take all the 
expense and all the control of the Maori question and war. 
Let every soldier go. Let the General Assembly be convened 
without delay. Sir George Grey found in such a speaker the 
Minister he required. Oral agreement having been arrived at, 
the terms were reduced to writing. Mr. Weld pronounced " the 
system of double Government by Governor and Ministers" to 
have " resulted in evil to both races." He recognized the right 
of the Home Government to maintain the existing system while 
the colony received aid from British troops. He accepted the 
alternative, and would " recommend the General Assembly to 
request the Home Government to withdraw the whole of its 
land force from the colony, and to issue such instructions to the 
Governor as may enable him to be guided entirely by the 
recommendations of his constitutional advisers, excepting only 
upon such matters as may directly concern Imperial interests, 
and the prerogatives of the Crown." Pending the decision of 
the Imperial Government he would ask the Assembly to 
" undertake a reasonable liability for the services of the troops 
actively engaged in the field at the special recommendation of 
his Excellency's advisers, and for such troops only." A colonial 
force would be kept on foot, a military post occupied about the 



MR. WELD'S MINISTERIAL PLANS. 265 

centre of the coast-line of the Ngatiruanui country, and a road 
would be made from Wanganui to the northern part of the 
Taranaki province. Arrangements made with military settlers 
were to be fulfilled by taking sufficient land out of the territory 
held by military occupation. The seat of Government would 
be at once moved to Wellington in accordance with the re- 
commendation of the Commissioners. If there should be 
material difference between the Governor and his advisers 
during a recess, Mr. Weld would resign, and in such case he 
thought that either the Assembly should be summoned or other 
advisers chosen. The boldest part of Mr. Weld's scheme was 
not that which seemed so at first sight. As he intended to 
make use of Maori warriors on the side of the Government an 
arm not largely resorted to in 1863 and there were tribes ready 
to fight with or without .provocation, the dispensing with 
English troops was not so daring a measure as it appeared 
abroad. But in financial affairs the Government was -helpless. 
The Whi taker Ministry were wise in their own generation when 
they shrunk from exposing to a probable Minister the condition 
of the New Zealand Treasury. Mr. Weld with undoubted 
resolution addressed himself to the task, and by the weight of 
his reputation made arrangements which tided over the difficulty, 
until by taxation it could be fairly met. He ever professed 
friendship for the Maori, although he could not be brought to 
recognize the Ngatiawa tribal tenure at Taranaki ; and one of 
his first acts was to ask the former magistrate of the Waikato 
district, Frederick Dart Fenton, to become Chief Judge of a 
Native Land Court to be established by law. The Court which 
the Act of 1862 enabled the Governor to create from time to 
time had proved almost a dead letter. What Maori could be 
urged to appeal to it while Whitaker and Fox were advisers of 
the Governor ? The first necessity was to pass a new law with- 
out delay. Under it the Judges like those in England held 
office "during good behaviour." They were no longer to be 
the ephemeral creatures of a Governor or of his advisers. 
They were to be assisted by native assessors (holding office 
only "during pleasure"), whose concurrence was necessary 
in any judgment. The salaries of the Judges were fixed by 
the creating law. Thus was seen the first rift in the cloud 



266 NEW ZEALAND. 

of oppression with which Whitaker and Fox had enshrouded 
the Maoris by their Confiscation (New Zealand Settlement), 
and their Oppression (Suppression of Rebellion) Acts. Between 
1860 and 1865 arms had expelled the gown from the solemn 
atmosphere over which justice is wont to preside in dealing 
with hereditary and treaty rights. With a convenient Governor 
like Colonel Browne, and a lax Secretary of State like the 
Duke of Newcastle, the whole of the North Island might 
have been pilfered from its owners. Though the great majority 
of a tribe might be loyal, there might be a few hostile to 
the Government, and on that plea the whole territory might 
be confiscated. Mr. Whitaker had contended that such a 
power was the essence of his needs. It was known and ad- 
mitted by Governor Browne that the great majority of the 
tribe were on the side of Te Rangitake. The native rights 
which the Government literally cast into the fire in 1860 were 
now to be the subject of inquiry by law. Mr. Weld was wise 
enough to know that unless the law so earnestly sought by Sir 
William Martin could be applied to unloose the Gordian knot 
of Maori tenure, nothing but the sword would remain. The 
preparation of the necessary measure was a work of time. 



2G7 



CHAPTER XIII. 

THE WELD MINISTRY. 

MR. WELD'S propositions being committed to paper, Sir 
George Grey wrote : " If a majority of the General Assembly 
concurs in them, it will be the Governor's duty to aid to the 
best of his ability in carrying them out." Mr. Sewell, Mr. 
Fitzherbert, Mr. Richardson (in the Council), Major Atkinson, 
and (in December) Mr. Mantell, accepted office on the terms 
thus arranged. The Houses, summoned to meet for despatch 
of business on the 21st November, had by successive pro- 
clamation on the 19th and 22nd been prorogued to the 23rd 
and 24th while the Governor sought for advisers. When on 
the last-mentioned date they assumed office he thanked the 
members for responding at an unusual season to a summons 
rendered imperative by the state of the colony and the resigna- 
tion of his advisers. Acting on his individual responsibility 
he had offered terms of pardon to natives in arms against the 
Queen. It was his intention to take prompt steps to restore 
order in the Taranaki and Ngatiruanui districts. The speech 
dwelt upon the principles embodied in Mr. Weld's memorandum 
on acceptance of office. After an attempt, (defeated by 29 
votes against 17, amongst the Representatives,) to postpone the 
removal of the seat of government "until provision has been 
first made for constituting the province of Auckland a separate 
colony, to be ruled by a Governor appointed by Her Majesty and 
a Legislature to be chosen by the inhabitants thereof," addresses 
were carried in both Houses which were cordial in character, but 
reserved for consideration the question of self-reliance in internal 
defence and the assumption of colonial responsibility as pro- 
posed by Mr. Weld. It is grateful to record the fact, that in 



268 NEW ZEALAND. 

office Mr. Weld condemned the Suppression of Rebellion Act as 
vigorously as when he was a private member. " It was 
unnecessary and unconstitutional, taken from a bad type of 
barbarous ages. All that can be said in favour of this disgrace 
to our statute-book is that it has been a dead letter." Mr. 
Sewell as Attorney-General resumed the lead in the Legislative 
Council, and moved resolutions accepting the propositions of 
Mr. Weld. Mr. Whitaker moved an amendment to the effect 
that temporarily New Zealand ought to be divided into two 
colonies the southern administered on the principle of ministerial 
responsibility ; the northern on a system enabling " the Imperial 
Government to exercise such control over the management of 
native affairs as will enable Her Majesty's Government to take 
such measures as it may deem necessary to suppress the present 
rebellion, and provide safeguards against rebellion for the future." 
By 10 votes against 9 Mr. Whitaker's motion, so strangely 
opposed to his acrimonious contentions with Sir George Grey, 
was rejected ; and the Address accepting Mr. Weld's principles 
was adopted by 16 votes against 2, on the 6th December. 

In the House of Representatives Mr. Weld moved, on the 
30th November, resolutions condemnatory of joint responsibility 
of the Governor and his advisers in native affairs. Divided 
Councils, vacillating policy, and needless expense were imputed 
to it. "Recognizing the right of the Home Government to 
insist upon the maintenance of this system of double govern- 
ment so long as the colony is receiving the aid of British troops," 
the House was invited to accept the alternative, to request 
unconditionally the withdrawal of the whole of the land force, 
and ask that the Governor should be guided entirely by his 
" advisers in native as well as ordinary affairs, excepting upon 
such matters as may directly concern Imperial interests and the 
prerogatives of the Crown." It was thought that a precipitate 
withdrawal of the troops was rash and dangerous. After 
adjourned debates, and a failure by Mr. Graham to provide for 
separation of New Zealand in the manner aimed at by Mr. 
Whitaker in the Council, friendly resolutions were carried by 
the Minister of Defence, Major Atkinson, without a division. 
They expressed loyalty to the Crown, gratitude to the mother 
country, and thanks to Her Majesty's forces. They trusted 



RESOLUTIONS IN GENERAL ASSEMBLY. 269 

that Mr. Cardwell's instructions had been issued to meet a 
temporary emergency, and would lapse when a normal state of 
things could be restored. " Without disputing the claim of the 
Imperial Government to exercise a reasonable control over policy 
upon which the restoration of peace must necessarily depend 
whilst the colony is receiving the aid of British troops," they 
averred that divided councils had produced great evils and 
expense : " That nevertheless the colony is resolved to make 
every further possible effort to place itself in a position of self- 
defence against internal aggression, with a view to aecept the 
alternative indicated by the Home Government, namely, the 
withdrawal of Her Majesty's land forces at the earliest possible 
period consistent with the maintenance of Imperial interests 
and the safety of the colony ; thereby enabling the Imperial 
Government to issue such instructions to his Excellency the 
Governor as may permit him to be guided entirely by his con- 
stitutional advisers in native as well as in ordinary affairs, 
excepting upon such matters as may directly concern Imperial 
interests and the prerogatives of the Crown." Substantially 
Major Atkinson's resolutions were the same as those adopted on 
Mr. Sewell's motion in the Council. Both Houses had therefore 
agreed upon a new starting-point, which was to furnish endless 
disputes in after years. Almost all men of political note had 
supported it, however, and from danger of internal interference 
it seemed free. Mr. Dillon Bell, Mr. Domett, Dr. Featherston, 
Mr. Fitzgerald, Mr. Fox, Mr. Mantell, Mr. Stafford, Mr. Fitz- 
herbert, Mr. Weld, Mr. Cracroft Wilson, Mr. Crosbie Ward, Mr. 
Swainson, Mr. Sewell, Major Whitmore, and (after rejection of 
his attempt to bisect the colony) Mr. Whitaker, were sponsors of 
the new scheme. The electoral roll of the colony at the time 
was less than 30,000 ; or less than that of any suburban con- 
stituency around London. The fate of the Maori race was to 
depend on about the number of voters which sends two members 
to Parliament from Edinburgh. 

The session was short. An Act was passed enabling the 
Governor in Council to raise the interest on the loan for 
3,000,000 (1863) from 5 to 6 per cent. A Debenture Act 
authorized the issue of short-dated debentures (three years) at 
8 per cent, interest in anticipation of the loan for 3,000,000- 



270 NEW ZEALAND. 

A Customs Act, with the hope of increasing the revenue to the 
extent of 190,000, raised the rate of duties on imports. A 
Public Works Land Act authorized the taking of native lands 
as well as those of Europeans on the giving of compensation. A 
New Zealand Settlements Amendment Act, intended to comply 
with Mr. Cardwell's requirements, was adopted. Minor Acts 
and Private Acts need not be enumerated, although there were 
several, dealing amongst other matters with railways at Canter- 
bury. An Act to provide for a mail service by Panama was 
passed. On the 13th December, the Assembly was prorogued 
with the assurance that, before the expiry of the current financial 
year, it should be convened at Wellington. On Mr. Fitzherbert's 
motion the House had resolved that it was not expedient to 
accept the offer of the Imperial Government to guarantee 
1,000,000 of the loan for 3,000,000. The objections stated 
were that priority of charge was required for the guaranteed 
portion, and the territorial revenue was to be included in the 
security. It was resolved that the accounts should be adjusted, 
and "the true and just balance found due from the colony" 
should be paid. But resolutions provide no funds. A loan 
implies a lender, and confidence of capitalists is not engendered 
by mere words. Confronted by the financial difficulty in their 
studies the Ministers found it looming large. On the 3rd 
January, they pathetically appealed for relaxation of the rule as 
to contribution towards army expenses. " If from any cause the 
withdrawal of Her Majesty's land forces should be delayed for 
any lengthened period, and the terms now imposed by the 
Imperial Government should be insisted on, the colony will be 
wholly unable to bear the burthen, and financial ruin will be the 
result." Because the House had thought it rash to withdraw 
the troops suddenly Mr. Weld had slightly changed his front, 
and looked for delay. He found the weight of delay intolerable. 
Look where he would there was trouble. But the tender mercies 
of Britain could be appealed to. New Zealand was a very young 
colony, founded by "the Imperial Government, and may not 
unreasonably look to it for help in time of need like the present." 
It was true that peace existed, but measures then being taken 
between Taranaki and Wanganui "would involve the colony in 
heavy cost." Subject to their present appeal ad misericordiam, 



FINANCIAL NEGOTIATIONS. 271 

the Ministry would give effect to the resolutions of the House, and 
enter upon the question of accounts with the Imperial Govern- 
ment. If the war expenditure of the colony had not been 
brought about by the original sin of the Taranaki settlers, of Mr. 
Stafford, Mr. C. W. Richmond, and others, it would indeed have 
been entitled to commiseration. Mr. Fitzherbert, the Treasurer, 
in his financial statement (December, 1864) had shown that of 
the one million sterling sold or hypothecated the colony would 
only receive 810,000. He was not sanguine enough to expect 
more than 1,620,000 for the remaining 2,000,000 authorized 
by the Loan Act. Anticipation and discount, the one ever more 
exorbitant, the other ever more difficult, were the keys to the 
windy treasury of the colony. It is not wonderful that the 
lands of the Maoris were still eyed eagerly as the talisman of 
redemption. The claims of the British Treasury could not be 
dismissed, but might be discussed. Discussion would put off the 
day of reckoning, and meantime the spirit of their countrymen 
would shrink from abandonment of the colonists. The vitality 
of the new Government depended on discussions in the parlour 
of the Bank of New Zealand. An agreement was arrived at 
on the 29th December. The Bank was empowered to issue 
debentures for 750,000, 50,000 of which were to be offered 
in New Zealand, 200,000 in Australia, and half a million was to 
be offered in London. The interest was to be 8 per cent. The 
Bank was to receive 7 instead of 5 per cent, on its overdrawn 
account, and to have power to hypothecate the debentures in 
case of failure of sale, the Government bearing the expense of 
hypothecation. The Bank was to have a commission of per 
cent, on negotiation. These terms appear more like the bar- 
gain of a young spendthrift than the state paper of a nascent 
nation ; but, such as they were, they form the warp of its life. 
The Inspector of the Bank went to Australia, but capitalists 
were obdurate. " The chief causes of failure were," he reported, 
" the general ignorance which prevails as to New Zealand affairs, 
and the impression that the colony is involving itself in debts, 
the redemption of which will be problematical." One capitalist 
in Melbourne offered to take 10,000 of the debentures at 10 
per cent, discount, but to such an indignity the Inspector would 
not submit. To receive 9000, pay 800 a year for three years, 



272 NEW ZEALAND. 

and then to pay 10,000, was more than needy New Zealand 
could undertake. Some trifling sums were obtained at about 
par, and a friendly bank in Melbourne lent for six months 
40,000, at 10 per cent, per annum interest. Out of the 
abundance of capital in London a small portion was attracted by 
the hope of 8 per cent. Yet less than 200,000 were obtained 
within a month of the submission of the debentures. The cost 
of colonial defence was at the time nearly 450,000 a year. 
Military settlers at Waikato and Tauranga cost, in pay and 
rations, more than 156,000 a year; and with Taranaki, White 
Cliffs, Opotiki, Waiapu, and contingent hospital expenses, 
military settlers required nearly 300,000 a year. Notwith- 
standing a favourable turn in the London money market New 
Zealand stock was practically unsaleable in May, 1865. In 
March the Ministers drew up a memorial, entreating assistance. 
They admitted that good faith required payment of the debt 
of the colony to England. They had transferred 400,000 
(4 per cent, debentures) to the Imperial Government, and they 
left it to that Government to hold them as securities, or to cover 
them with a guarantee. They appealed to Sir George Grey to 
testify that they had never proposed " to recoup war expenditure 
by hasty and indiscriminate sale of confiscated land," and that 
they had "co-operated with him in a just and temperate policy" 
towards Maoris. They hoped that the English Government 
would recognize the claims of the colony, " either by covering 
the remainder of the three million loan by the Imperial 
guarantee, or by making to the colony an annual grant in aid 
of extraordinary expenditure for the next four or five years." 
Sir George Grey supported their appeal for the guarantee, which 
would cost the mother country nothing, aid the struggling colony 
in its manful efforts, and might enable both races to live in 
peace in future. Mr. Cardwell in July unequivocally declined. 
Were he to ask Parliament to consent he would be reminded 
that already the Imperial Treasury had disbursed two millions 
for New Zealand, and that the resources of the colony, as 
represented by Mr. Reader Wood in applying for the former 
guarantee, were such as to refute the supposition that it could 
require a vote in aid. 

The effect of these negotiations was to harden the resolution 



CONFISCATION PROCLAMATION. 273 

of Mr. Weld and his friends to dispense with British troops and 
rely upon a small force trained for bush-fighting, and aided by 
the pugnacious Maoris, who, ever prone to tribal wars, were 
reckoned upon as available for a native militia. Mr. Weld, 
however, alleged that he desired to avoid, if possible, the "setting 
of tribe against tribe," and hoped that the union of the Pakeha 
and the Maori in the battle-field would "strengthen the good 
feeling between the races, besides being a great assistance to the 
colony." l Within a week of the end of the session the Governor 
issued a proclamation (17th December, 1864) to confiscate Maori 
lands. He had staunchly contended against the schemes of 
Whitaker and Fox, but he did not, when Mr. Weld was in office, 
insist upon procuring land by cession rather than by seizure. 
The land to be taken was " all the land in Waikato taken by the 
Queen's forces," within specified lines from " Pokorokoro in the 
Gulf of the Thames," by Maungakawa in the Waikato district, 
Pukekura, Orakau, the Puniu river, the Pirongia mountain, 
Whaingaroa harbour, the coast to the Waikato Heads, thence by 
the river Waikato to the Maungatawhiri river, and northwards 
circuitously to the point of commencement. In addition " all 
lands northward of the above boundaries belonging to rebel 
natives or tribes up to and as far as the waters of the Manukau 
and the Waitamata " were declared confiscated. It was added : 
"The land of those natives who have adhered to the Queen 
shall be secured to them. ... To those who have rebelled but 
who shall at once submit . . . portions of the land taken will be 
given back for themselves and their families. The Governor 
will make no further attack on those who remain quiet. Those 
guilty of further violence he will punish as he has punished the 
Waikato tribes." Between Wanganui and New Plymouth he 
would " take such land belonging to rebels as he may think 
fit;" would make roads where he chose; would assure to the 
peaceful the "full benefit and enjoyment of their lands," but 
would except from the amnesty those who had committed 
murders. Mr. Weld's Ministry had stretched the Governor's 
conscience from Ngaruawahia to Orakau. The great Waikato 
plain between the waters of the Horotiu and the Waipa was 
accorded to the demands of Weld, though refused to Whitaker. 
1 'Notes on New Zealand Affairs.' F. A. Weld. London : 1869. 

VOL. II. T 



274 NEW ZEALAND. 

Kawhia was left, but from the Puniu river to the waters of 
Waitemata the natives were exiled ; and in Taranaki the will 
of the Pakeha was to declare whether any footing on a rock 
should be left for the sole of the foot of a Maori. Mr. Cardwell's 
wisdom was discarded in the new-born concord of the Governor 
with his fresh advisers. Some qualms were felt even in the 
Cabinet about the proclamation, for we find that before the 
General went (January, 1864) to Wanganui, a new proclamation 
disclaiming any " desire to take lands of the rebel natives as a 
source of profit " was " unanimously approved " in the Executive 
Council. It limited the area to be confiscated on the west coast, 
and was to be entrusted to the Native Minister, who was to 
accompany General Cameron on an expedition to Wanganui. 
It was cancelled lest it should " embarrass his military opera- 
tions." 1 It would have been strange if a Ministry containing 
H. A. Atkinson, one of the Taranaki Maori-haters, had abstained 
from war. The session had barely come to an end when a 
Ministerial memorandum declared it necessary to act at Taranaki 
and Wanganui ; to form military settlements and roads between 
the two places, and as soon "as circumstances may permit to 
occupy as a military settlement a block north of the mouth of 
the Waitara river." 2 

The General quickly showed that he had little confidence 
in the moderation of the Governor's advisers. " If the extensive 
scheme of confiscation, road-making, &c., contemplated by 
Ministers (in which I do not know whether you concur or not) 
is to be carried out, I think we ought to apply at once for 
re-enforcements." The carrion-birds which, under the name of 
contractors, batten upon the miseries of war, growing to redund- 
ance like weeds upon a dunghill, had not failed to find a home 
in New Zealand. It was natural that the regular army should 
recoil from a service in which a quarrel had no sooner died out 
in one quarter than it was revived in another. When the 
Waikato chiefs withdrew from Taranaki, Governor Browne pro- 
posed to make war on Waikato. When Waikato was desolate 
Tauranga was pounced upon. When Tauranga was at rest 

N. Z. P. P. 1879; A. 8. 

2 The gradual encroachment deserves notice. In 1859 the Government 
said they were willing to leave Kangitake unmolested on the north bank. 



GENERAL CAMERON AT WANGANUI. 275 

war was to be transferred to the west coast at Waitotara. The 
General went to Wanganui on the 20th January, and wrote on 
the 21st : "The more I think about it the more I am convinced 
that we have done wrong in bringing war into this hitherto 
quiet settlement." A Major in the service had written to him 
before he left Auckland : " One thing is very certain, and that 
is that the men who sold the (Waitotara) block had no right to 
do so, and it is the old Waitara dodge for getting up a war, and 
the consequent military expenditure at Wanganui." On the 
28th January, the General (in a private letter subsequently laid 
before the Assembly) wrote : " I have made inquiries about the 
purchase of the Waitotara block, and have reason to believe that 
it was a more iniquitous job than that of the Waitara block. I 
am not surprised that the natives have opposed our road-making. 
The Government at home ought to be made acquainted with 
the true history of the business." When the General was 
requested to furnish the grounds of his objections he declined to 
do so. In surveying the field of operations he found that the 
Maoris were entrenched in a stronghold the Weraroa pah 
within 20 miles of Wanganui. As early as the 28th January he 
wrote : " I consider my force insufficient to attack so formidable 
a work as the Weraroa pah." Posts, escorts, and protection of 
Wanganui would diminish his strength, and "instead of 1100 
men, my present available force, I should require 6000." A 
short distance beyond Weraroa was the Waitotara river. The 
General proposed to cross it, and proceeding northwards <to 
establish a post at the Patea river ; but his plans seemed vague, 
for he declared that if he should succeed he would " have but a 
small force left for anything else." No advantage to the north 
of the Waitotara river would compensate for losses near Wanganui 
by irruption of rebels. In the bitterness of disgust he exclaimed : 
" All the well-to-do settlers are, I believe, aware of the folly of 
this cruise and deprecate the war, but the shopkeepers and 
settlers greedy of land of course delight in its continuance." 
He was early compelled to fight. Near Nukurnaru, close to the 
Weraroa, the Maoris, under Hone Pihama, attacked his " picquets 
so suddenly that they were forced back some distance before 
re-enforcements could arrive." On the right they penetrated to 
within 100 yards of the camp. The English loss was considerable, 

T 2 



276 NEW ZEALAND. 

but it was thought that the Maoris had suffered more, although 
only 11 killed and 2 wounded were found. The friendly natives 
on the river, under Hori Kingi, Mete Kingi, and others, who had 
fought at Moutoa, were attacked by the rebels, but beat them off 
with loss of 25 killed and 4 captive chiefs. The victors had to 
deplore the death of the chief, John Williams, the principal actor 
in the capture of the murderers of the Gilfillans in 1847. The 
country was difficult, the enemy numerous and daring. " I would, 
therefore, recommend that your Excellency should apply by the 
first opportunity for a re-enforcement of at least 2000 men, and for 
a still larger re-enforcement if, in addition to the occupation of the 
country between Wanganui and the Patea, the roa'd between 
Taranaki and Wanganui is to be opened, and more land is to be 
confiscated and occupied north of the Waitara, which I under- 
stand is to be the plan of the Colonial Government approved by 
your Excellency." It is disheartening to reflect that at this 
very period there was in the British army, left (as far as official 
neglect could cause such a catastrophe) to rust from misuse, one 
of those rare geniuses for war and for rule of mankind which 
fitfully appear upon the earth. Charles George Gordon, after 
performing in China feats unsurpassed by Greek or Roman, 
after winning battles and taking cities with troops a tithe in 
number of his enemy and composed of the same material, when 
his work was done modestly retired, unenriched by spoil, leaving 
behind him a moral lesson which the Chinese ruler could admire 
though not comprehend. 1 Soochow had fallen in 1863, and till 
the Chinese Government apologized for the slaughter of surren- 
dered enemies, and had guaranteed that where Gordon was 
present at a capitulation nothing should be done without his 
consent, his troops were idle for a time, during which he might 

1 Prince Rung declared to tlie English Minister, Sir Frederick Bruce : 
" We do not know what to do. He will not receive money from us, and 
we have already given him every honour which it is in the power of the 
Emperor to bestow ; but as these c;m be of little value in his eyes I have 
brought you this letter, and ask you to give it to the Queen of England 
that she may bestow on him some reward which may be more valuable in 
his eyes." The Ministries of Lord Palmerstou and Earl Russell must 
divide the shame of not seeing that to send so just, so bold, and so humane 
a hero to New Zealand, would have been better than to leave him to rust. 
In after years the Khedive of Egypt was wise enough to seek his services, 
which were as striking in Central Africa as in China. 



HAU HAUS ON EAST COAST. 277 

have been withdrawn for the direct service of his country. 
When a guarantee had been given that no wrong should be 
done to prisoners submitting to his arms, Gordon resumed 
operations; but he left China in 1864, and might have been 
entrusted with the command in New Zealand, where his 
gallantry, wisdom, humanity, and piety would have made their 
mark and honoured his country. He received brevet dis- 
tinctions, and was in process of time remitted to a paltry staff 
appointment at Gravesend. 

General Cameron .strengthened his force by withdrawing 
troops from Wellington, and from Taranaki, and crossed the 
Waitotara on the 5th February. The Maoris retorted by killing 
a settler and a- militia soldier who was "out contrary to orders, 
plundering a Maori settlement." There was panic among the 
settlers. The General sent 150 men to Wanganui, and asked 
the Governor to repair thither to consult with him. The savage 
Hau Hau fanaticism was not only rife at the west coast. The 
prophets, finding the General bent upon war. made a diversion 
at the cast. Two of them, with Hori Tupaea of the Ngaiterangi, 
and Tiu Tamihana of the Ngatihaua, undertook to stir up the 
tribes. Colonel Greer, still commanding in the district which 
he had quelled at the battle of Te Ranga, was informed of the 
invasion, and wrote to the Arawa chiefs. " This is my word to 
you ; when they go into your country, catch them and fetch 
them up to me." The invaders were on the Maketu river 
expecting others to rally round their flag. The Arawa chiefs 
pursued and captured the whole party of 50 on the 8th February. 
The prisoners were, after a march of 38 miles, delivered to the 
English. Hori Tupaea, who had been captured separately when 
unarmed, expressed his regret to Colonel Greer, and offered to 
take the oath of allegiance. He had been deceived. The 
Colonel allowed him to remain on parole in the camp. The 
Governor accepted the penitent's promise to assist in quelling 
disturbance, to reside where the Governor might direct, and to 
observe the terms accorded to the Tauranga natives in the 
previous year. The blow given to the Pai Marire faith was 
severe, but the hostile natives were enraged against the Arawa 
chiefs, and tribal wars were anticipated. It was unhappily clear 
that the Hau Hau tenets had been accepted in many tribes, and 



278 NEW ZEALAND. 

it was impossible to guess where or when some new atrocity 
might be perpetrated to sicken the English of the land, and 
drive them away in loathing. 

Early in March the Governor was at Wanganui, having on 
the 4th requested his advisers to furnish him with a full and 
explicit statement of their objects, as he feared there was an 
impression abroad that the war was prosecuted for the profit 
and gratification of the colonists ; an imputation which the 
Ministry denied in a formal document on the 20th March. At 
Wanganui, the Governor found that the existence of the Weraroa 
stronghold was damaging the reputation of the English. The 
Hau Haus had made a triumphant song about it. They said 
their prophet had waved his arms, and the General and his men 
were fain to skim along the coast like seagulls. The native 
allies asked permission to attack the pah. The General was 
amused at their presumption in thinking the task easy. On 
the 8th, he wrote to the Governor ; " I would strongly advise your 
applying for a re-enforcement of at least 2000 men from England." 
Without them the coast-line between the camp (at Patea) and 
Taranaki could not be occupied. The Ministry would not con- 
cur with this proposal, and the Governor agreed with them. 
He believed that before long the natives would " submit in 
nearly all parts of the island," and that the war might be 
terminated before re-enforcements could arrive. And now 
another horror cast its lurid glare upon the times. When 
Captain Lloyd's head was carried away, in 1864, it was at 
Pipiriki, about 80 miles up the Wanganui river, that it had 
been placed on a pole, and there the frantic fanatics danced 
round it in furious orgies, rushing up, biting it, and treating it 
with brutish indignities. Again, in 1865, the baked head of an 
English soldier was taken thither by fanatics led by Patara and 
Kereopa. They were to stir up the tribes in the Bay of Plenty. 
At the same time the prophet Te Ua did not counsel assaults 
upon colonists. His written instructions were : " While on your 
journey do not interfere with those whom you may meet. Do 
not quarrel with the Pakeha. ... At Turanganui give Hirini 
te Kani the flag and the man's head." On the way, 200 of the 
Uriwera tribe were indoctrinated. The head was used as a 
mystic symbol. Terror caused by it took possession of each as 



MURDER OF REV. C. S. VOLKNER. 279 

it was shown to the file of Maoris ; and each sprang out of the 
row in turn. Kereopa, the officiating priest, then said : " You 
are now possessed of the Deity. Let the widows of those who 
fell at Orakau approach and vent their anger on this head and 
on the Pakeha prisoners." The maddest of them obeyed him. 

On the 1st March, the Rev. Carl S. Volkner and the Rev. T. 
Grace, missionaries, arrived in the Opotiki harbour. In February, 
a lady living at Whakatane wrote to warn Mr. Volkner to stay 
in Auckland, for mischief was on foot. It was not till the bar 
was crossed and regress was impossible that the voyagers saw 
assembled by the river-side a band of the Pai Marire. Patara 
and Kereopa, after turning the hearts of disciples to ferocity at 
Taupo, Uriwera, and Whakatane, had arrived at Opotiki. The 
vessel was in their power as soon as she was anchored. The 
missionaries were ordered on shore in the afternoon. The vessel 
was rifled and her contents were placed in a store of which the 
Maoris kept the key. A violent Hau Hau meeting was held at 
the Roman Catholic Chapel. It was strange that as in China 
the Tae-ping 'Great Peace) rebels professed to link with direct 
revelations through their chiefs, some Christian tenets, so the 
Pai Marire (Good Tranquillity) desperadoes, when throwing off 
their allegiance to the Queen and disavowing the religion of 
England, assumed a portion of the Roman Catholic cult. The 
Scriptures were to be burnt, but the Virgin Mary was ever to be 
present with the Hau Haus, who were to slay and devour their 
foes. The Christian Sabbath was no longer to be respected as 
in England. There was to be no marrying or giving in marriage, 
for by promiscuous intercourse, under the rule of priests gifted 
with supernatural powers, the Pai Marire would be as the sand 
of the sea-shore for multitude. The first profession of these 
tenets had disgusted the manly Wi Tako. The king-maker 
was about to condemn them. On the 1st March, the Hau Haus 
kept up their orgies in the Roman Catholic Chapel beyond the 
mid hour of night. The captive missionaries and sailors heard 
the horrid din. A Taranaki native guided them to an enclosure 
in which to rest. The sailors joined heartily in reading the 
evening psalm. In the morning the very air seemed full of 
omen that some dreadful deed was to be done. Mr. Volkner 
paid to a Maori widow a small legacy which it was his custom 



280 NEW ZEALAND. 

to disburse to her. She said nothing to warn him, but in half- 
an-hour twenty armed men appeared, performed some cabalistic 
rites, and called on Mr. Volkner to go with them. Mr. Grace 
wished to join him, but was forced back, and locked up under 
guard. His turn, he was told, would come next. Two hours 
he was in agony about his friend. Heremita, who had led 
away Mr. Volkner, returned and conversed with the guard. Mr. 
Grace heard the words (in Maori) " hung on the willow tree." 
They went to his heart. He told the sailors, who said : " All is 
over." They were called out and marched between files of 
Maoris past the open space near the church. They were robbed 
and shut up in a house with their hands tied behind their backs. 
Mr. Grace inquired about Mr. Volkner, but no word was vouch- 
safed. The murderers shrunk from telling what they had done. 
Yet they had taken possession and slain in open day. Before 
Mr. Volkner's arrival his house had been broken open, his goods 
sold, and war-dances were held in his church. When they 
seized their victim they dragged him with a rope round his 
neck, and hanged him on a willow tree. But the ruffian 
Kereopa would not wait for gradual death. The body was 
lowered, and Kereopa fired upon it. Again it was raised with 
violent jerks. The Maori wife of a European told her husband 
what she saw. The Roman Catholic chief Hiki remained in 
his pah during the murder. The body was carried to the 
Protestant chapel. Kereopa told Hiki to come and see. Hiki 
saw. Kereopa said : " I have killed him, now you cut off his 
head." Hiki did so, Kereopa then called on all the hapus, 
men, women, and children, to come and taste Volkner's blood. 
They did so. Kereopa then scooped out and swallowed the 
eyes. Patara was absent making converts, and it was not sup- 
posed that he would have joined in the atrocities, for although 
he had assisted in plundering Volkner's house, he left a letter 
warning Volkner not to return to Opotiki ; and after Volkner's 
murder he disclaimed any participation in it, and called Kereopa 
to account. Mr. Grace and his companions were led to the 
house of a Mr. Hooper, who was ill. Six or seven natives, four 
sailors, the sick man, and Mr. Grace were shut up in one room. 
After an hour and a half they were unbound. Previously a 
Maori had lifted a panikin to the mouth of each to let them 



REV. T. GRACE BEFORE THE HAU HAUS. 281 

drink water. Mr. Grace asked why they were unbound. The 
answer was : " A time to bind and a time to loose, a time to kill 
and a time to make alive." Shut up in the suffocating at- 
mosphere of the small room, the prisoners passed the day and 
night. " As I lay awake," Mr. Grace wrote, " I could distinctly 
hear the confusion, dancing and shouting going on in the Romish 
chapel, and also in the church." He commended himself and 
his companions to " the watchful care of our Heavenly Father." 
In the morning (3rd March) he found a Prayer-book. The 
wonderful Psalms of David touched him, as they have touched 
the spirits of so many myriads of mankind, with a graciousness 
not of this world. "Some of the Psalms for the day" (he 
wrote) "appeared written for the occasion." In the comfort of 
the resurrection and the hope of awaking in the Divine likeness, 
the soul of the prisoner found strength. Patara had been sent 
for to decide upon Mr. Grace's fate, at a meeting. Throughout 
the 3rd and 4th of March there was suspense. On the night of 
the 4th, Patara returned. Mr. Grace sent a message to him in 
the morning. He passed the prison, shook hands with Mr. 
Grace, and spoke a few words. An hour afterwards the 
prisoners were summoned to a meeting in Mr. Volkner's church. 
Three hundred natives were assembled. The Taranaki fanatics 
seated themselves within the communion-rails. Europeans 
were present also. Patara denounced soldiers, Ministers, and 
Englishmen. For all Jews, Frenchmen, Scotchmen, Austrians, 
and Germans, he had love. Natives brought charges against 
the murdered Volkner. He had gone to Auckland as a spy, a 
cross had been found in his house, therefore he must have been 
a Romanist and deceiver, and he had returned to Opotiki after 
being told to stay away. Mr. Grace defended his dead friend ; 
and though Patara replied, he said nothing in justification of 
the murder. Mr. Grace was attacked for going to Taupo 
recently, and for sundry supposed faults. The land question 
was the subject of a long harangue, to which he replied that 
neither Volkner nor himself had any land. Ransom was pro- 
posed by Mr. Grace, or exchange of prisoners. The Maoris 
agreed to take Hori Tupaea in exchange, and the captain 
undertook to carry the proposal to Tauranga. Mr. Levy, 
brother of the captain, was to remain at Opotiki, and the 



282 NEW ZEALAND. 

captain was to continue to trade. On the 6th, Patara started 
inland, ordering that Mr. Grace was to be kindly treated, and 
permitting him to write to his wife. Mr. Grace assured him 
that Hori Tupaea (who was released by Sir George Grey) was 
already at liberty. On the 7th, Patara sent his letter as to the 
exchange, but the captain (although as Jews he and his brother 
were supposed to be favoured by the Hau Haus) was anxious to 
break the stipulations of the trial and carry away his brother. 
He cursed and swore at Mr. Grace, who argued against such a 
course. Mr. Agassiz, a resident, recommended Mr. Grace to 
pacify the captain by giving him a statement that the loss to 
the ship was occasioned by the presence of the missionaries. 
On the 9th, he gave it, but the captain refused to promise to 
carry Patara's letter to Tauranga. The natives still detained 
the captain's vessel. On the 13th, Eparaima, a native of 
Turanga, who knew Mr. Grace when he resided there in 1853, 
arrived with a message from a Pai Marire prophet, desiring Mr. 
Grace's release. Eparaima wept much, and went inland to a 
meeting to plead for his old acquaintance. On the 15th, 
Eparaima started to obtain further help ; but it was ominous 
that on that day the Pai Marire raised a new pole for their 
worship, and a feast was to be held. Captain Levy's vessel was 
detained by want of a breeze. But help was at hand where 
least expected. The murder of Mr. Volkner, far from rousing 
the natives generally to like atrocity, had shocked them. 

An insolent letter was written by the fanatics from " Opotiki, 
Place of Canaan," to " the office of the Government, Auckland." 
It purported to be from the committee of the Ngatiawa, 
Whakatohea, Uriwera, and Taranaki. " You crucify the 
Maoris, and I also crucify the Pakehas. But now release 
unto us Hori Tupaea and his companions, and we will then let 
go Mr. Grace." The date of the letter was the 6th March. 
From Whakatane, however, chiefs of the Ngatiawa, from 
Turanga, from Maketu, from Rotorua, from Huria, letters were 
sent to denounce the shedding of the innocent blood of the 
missionary. The Arawa at Maketu denounced the Ngatiawa 
because they had not actively prevented it, and threatened 
them with war. 

H.M.S. 'Eclipse,' under Commander Freman tie, reached Turanga 



ESCAPE OF MR. GRACE. 283 

on the 13th. The sailor and Bishop Selwyn found Bishop W. 

Williams amidst 300 Maoris, most of them armed. They had 

assembled to decide what they should do about the Pai Marire, 

some of whom were within a mile and a half of Bishop Williams' 

station. Bishop Selwyn addressed the assembly with fervour, 

but they could not be induced to take arms against the 

murderers. They alleged that their doing so would endanger 

Mr. Grace. They wrote to Hori Tupaea, urging him to go 

forward to assist Mr. Grace. The Bishop and his friends strove 

in vain to persuade the natives to dissociate the liberation of 

Mr. Grace from a demand for the release of Tupaea. Two 

Turanga natives went with the man-of-war to aid the object 

of the letter. On the morning of the 16th the ' Eclipse ' was off 

Opotiki. The Turanga natives were landed in a boat. Captain 

Fremantle gallantly desired to go on shore to rescue the captive ; 

but the Bishop urged that such a course " might endanger Mr. 

Grace's life, as horsemen were seen scampering to and fro along 

the beach, and it seemed impossible that Mr. Grace could now 

escape unobserved." l Meantime the three masts of the ' Eclipse ' 

had been spied by a Maori from Mr. Grace's place of detention. 

Captain Levy and his brother got into a canoe and paddled 

down the river, refusing to let Mr. Grace accompany them. 

The landing of the Turanga natives had made a commotion. 

Shouting, ringing of the bell of the Roman Catholic Chapel, 

galloping of messengers to summon a meeting, distracted the 

settlement. Mr. Grace begged some to stay with him, but they 

said they would be killed if they did so. He was left alone for 

an hour and a half, and "felt forsaken on every hand," but 

found consolation in committing himself to the care of God. 

Then the boat returned. The captain had been sent back from 

the man-of-war to procure a friendly native, who, however, had 

gone to the Maori meeting two miles away. The captain busied 

himself with getting goods into the boat. A young man named 

Montague told Mr. Grace he would be taken into the boat if he 

would go quietly to the river-bank. He did so. None but an 

old woman saw his escape. He lay in the bottom of the boat 

till he was taken on board of the ' Eclipse,' after fifteen days' 

companionship with horrors. But the two Turanga natives 

1 Letter of Bishop Selwyn, 16th March, 1865. 



284 NEW ZEALAND. 

were detained because of his escape. Commander Fremantle 
had towed Captain Levy's schooner out with boats, and no 
European but the trader, Agassiz, ventured to remain at Opotiki. 
It was fortunate that the bloodthirsty Kereopa was not the 
ruling spirit. Patara, after fourteen hours' of anxious negotia- 
tion, principally conducted by Bishop Selwyn, permitted the 
Turanga natives to return to the man-of-war. 

It was afterwards officially testified that the labours of Bishops 
Selwyn and Williams had a salutary effect in repelling Maori 
sympathy from the Hau Haus. Some who had previously sym- 
pathized were roused to a sense of shame. Friends of the 
English were kindled to activity. The Arawa were eager for 
vengeance, and to prove their loyalty to the Queen. Bishop 
Selwyn himself, fresh from the scene, thus addressed the third 
Synod of his Church at Christchurch in 1865 : " The war, which 
seemed to have come to an end, was renewed by the perversity 
of a few misguided men. Mixed with the new element of the 
confiscation of land it acquired a bitterness unknown before. The 
missionary clergy were believed to be the agents of the Govern- 
ment in a deep-laid plot for the subjugation of the native people. 
Our congregations melted away; our advice was disregarded. 
Exasperated by continued defeat, and loss of friends and relations, 
many became reckless. The feeling grew among them that they 
would abandon the religion of their enemies and set up one of 
their own. An impostor from Taranaki placed himself at the 
head of the movement. Pretended miracles, unknown tongues, 
inspiration from heaven, messages of angels, were alleged as 
usual in support of the imposture. The delusion spread and 
reached the east coast. New tribes were to be startled and 
overawed. A leader of inferior rank demanded of the people of 
Opotiki the sacrifice of their own missionary. No other life 
was touched of the many white men who fell into their hands. 
It was a murder of fanaticism. ... Our first martyr died at 
peace with his enemies, and prayers for his murderers." 

Whether Te Ua was fanatical at the first, or merely in wild 
despair, like many of his accomplices he sought to strike terror, 
and was prepared if need be to die a bloody death, must be 
matter for conjecture. The Maori was ever" superstitious. It 
was on the mysterious influence of " tapu " that his primitive 



BISHOP SELWYN'S LAMENTATION. 285 

polity was based. Though that polity had been well-nigh over- 
thrown by Christianity, it had reasserted itself with hideous 
additions when the belief was accepted that the missionaries 
were leagued with the Government to rob and to subjugate the 
Maoris. In 184-7, Sir William Martin had predicted such a 
result. Mr. Maning had declared that the rise of strange 
delusions, and belief in supernatural powers displayed in the 
person of priest or chief, were incidents often repeated in Maori 
life. The imputed unholy alliance between the missionaries 
and the Government had engendered the new Maori chimsera. 1 

Pouring out his sorrows to a friend in England the Bishop 
said : " Oh ! how things have changed ! how much of the buoy- 
ancy of hope has been sobered down by experience ! when 
instead of a nation of believers welcoming me as their father, I 
find here and there a few scattered sheep, the remnant of a 
flock which has forsaken the shepherd. Think of my hanging 
on to a grapnel off Mr. Volkner's mission-station, not daring to 
land as Coley (Bishop Patteson) and I are accustomed to do at 
some heathen island visited for the first time. At this place I 
do not know how far it is right to go among my people, though 
in former times peace or war made no difference in their willing- 
ness to receive me. At present we are the special objects of 
their suspicion and ill-will. The part which I took in the 
Waikato campaign has destroyed my influence with many. You 
will ask, Did I not foresee this ? and if so, Why did I go ? I 
answer, that though 10,000 men were sent from England no 
military chaplain arrived at head-quarters till the advance had 
reached its furthest point in Waikato. Then jbhere were many 
wounded Maoris brought in from time to time to whom it was my 
duty to minister. Add to this that two of our mission-stations 
(those of Mr. Ashwell and Mr. Morgan) had been occupied by a 
native clergyman 2 and catechist, whom no threats could induce 
to leave their posts after the English missionaries were advised 
to retire. It was my duty to see they were not injured when 
our troops advanced, and this made it necessary for me to be in 

1 Am'of airoirvt'OuiH irvo6f fti >'Of alSoptvoto. 'Iliad,' vi. 182. 

2 Rev. Heta Tarawhili. The reader will learn in what manner the 
Colonial Government eudeavoured to make Tarawhiti suffer for his brave 
devotion. 



286 NEW ZEALAND. 

the front, and thereby to expose myself to the imputation of 
having led the troops. This has thrown me back in native 
estimation more, I fear, than my remaining years will enable 
me to recover. . . . But what are my sorrows compared to those 
of the Bishop of Waiapu (W. Williams), who had completed his 
quarter of a century at Poverty Bay, and after constant effort 
and anxiety had just begun to rest upon a settled system, with 
a thriving college, seven native clergymen, a Diocesan Synod 
meeting annually, in which the proceedings were conducted entire- 
ly in the native language . . . ? In the midst of these sorrows 
we have solid comfort in the sight of the stability of our native 
clergymen, who have never swerved from their duty. . . . The 
real cause of war in New Zealand has been the new Constitution, 
and the cause of the greater bitterness of the strife has been the 
new element of confiscation introduced by the colonists against 
the will and express orders 3f the Home Government." (The 
argument that a Maori would feel more than anything else the 
punishment by confiscation might have) " some force if the 
Maori had committed some real crime of which he was conscious, 
but when he believes that the Englishman has only been waiting 
his time to do what he has now done, and that the land was 
doomed as much if the owners were innocent as if they were 
guilty, then confiscation becomes in their eyes simple spoliation 
and has none of the effect of punishment. Certainly nothing 
could look more like a determination to provoke a quarrel than 
the Waitara business. . . . The Hau Hau superstition is simply 
an expression of an utter loss of faith in everything that is 
English, clergy and all alike. . . . This is the result of seeking 
first ' the other things ' except the ' one/ . . . O earth ! earth ! 
earth ! such has been our cry. The Queen, law, religion, have 
been thrust aside in the one thought of the acquisition of land." l 
It has been seen that the liturgy of the Hau Haus was com- 
pounded partly of elements supposed to be Roman Catholic, and 
that Kereopa and his comrades enacted many of their orgies 
in a Roman Catholic chapel at Opotiki before they murdered 

1 Bishop Selwyn to Rev. E. Coleridge, 26th December, 1865 ; vide 'Life 
of Selwyn. London : 1879. In 1881 the Bishop of Wellington (the Octavius 
Hadfield of Otuki, in 1839) assured the author that it could still be said 
with truth that uo native clergyman hud swerved from duty. 



ARCHDEACON HADFIELD AT OTAKI. 287 

Volkner. They were ruffians and fanatics, but they could see 
what, even if he saw it, did not repel the first Marquis of Ripon 
from subjugation to a foreign yoke. They knew that a recog- 
nition of the Pope of Rome was treachery not only to the Queen, 
but to the very essence of English freedom. Obscured, betrayed, 
at times wounded almost to death, yet ever again bursting from 
its bonds, that English freedom of Church and State which 
preceded and survived the House of Normandy, and was in 
important particulars maintained by the greatest of English 
monarchs (Edward I.), was repellent at all times of foreign 
authority. For that reason the Hau Hau Maories courted the 
religion of Rome as a means of breaking down the loyalty of 
their countrymen to the Queen. There were some Roman 
Catholic Maoris in the district where the Rev. O. Hadfield had 
laboured from 1839 until 1865. When he was supposed to be 
in personal danger of attack from the Hau Haus (after the murder 
of Volkner), the Roman Catholic Maoris offered to protect him 
if he would flee to them. Their " mana " would be his defence. 
He answered that he was ready to lay his bones at Otaki, 
whether after violent or natural death, but nothing would induce 
him to move from his post ; and his gallant bearing endeared 
him to all his neighbours so much that with the aid of the son of 
Rauparaha the efforts of the Hau Haus utterly failed at Otaki. 1 

The murder of Volkner revealed the savagery of which the 
new superstition was capable. If the fanatics could not meet 
European arms in the field, they could murder in the east and 
in the west. By singling out a pastor like Mr. Volkner in 
the midst of his flock, which dared not raise a voice in his 
favour, they had shown not only that no compunction was 
amongst them, but that the more eminent the victim the 
more grateful was his slaughter to the wild faith under cover 
of which they had sprung back at a bound to the savage and 
sickening cannibalism which had been a religion amongst them 
in the days of heathendom. 

Where then was the centre of the new faith ? Where best 

1 Bishop Selwyn, hearing of Hadfield's danger, wrote (7th June, 1865) : 
" I am ready to join yon, if you think I can be of any assistance, but I do 
not like to come without first communicating with you, as I am now 
suspected and slandered by all the king natives." 



288 NEW ZEALAND. 

could it be sought and strangled ? Its cradle was in the west, 
where the rape of the Waitara had led to desolation of Maori 
homes, but it found aliment wherever the policy of the Taranaki 
settlers was known. The gallant Wi Tako Ngatata went to the 
east coast to prevent its spreading. The settlers at Poverty Bay 
expressed in April, to him and his companion chiefs, their grate- 
ful sense of services conferred during his stay. " Notwithstanding 
that your own lives have been threatened, you have done your 
utmost to strengthen the hands of those who have been exerting 
themselves to save this district from those troubles which seemed 
to be coming like a flood upon it, and under the Divine blessing 
your efforts have been so far successful, that the influence of the 
Hau Hau party has very considerably diminished since the time 
of your arrival; and Patara and Kereopa have both left the 
district with their followers, having been unable to stand their 
ground against the opposition which has been brought to bear 
against them and their pernicious doctrines. May God preserve 
your own district from those troubles which you have shown 
yourselves so solicitous to avert from this." 

Ihaka Whanga at Nuhaka, and Kopu at Wairoa, local chief- 
tains on the east coast, boldly met three hundred Hau Hans, and 
at great discussions in April stemmed the tide of fanaticism. 
At about the same time (June) Tamihana te Rauparaha foiled 
the Hau Hau emissaries who visited Otaki to spread their 
doctrines. At Sir George Grey's request Captain Luce of H.M.S. 
' Esk ' visited the chiefs on the east coast in April and May, 
encouraging them to remain faithful to their religion and to 
law and order. With Mr. Fulloon as interpreter, he attended 
meetings which were apparently successful in instilling confid- 
ence ; but he thought the Maoris were everywhere in a state of 
unhealthy excitement. The Bishop of Waiapu had left in 
displeasure, and his departure had shamed many Hau Hau con- 
verts. The ineffable capacity of depravity in man came before 
Captain Luce in a strange shape. A deserter from the 57th 
Regiment had been a companion of the Pai Marire. 

Captain Fremantle having returned in May with the ' Esk,' 
had a skirmish at Opotiki before daylight, while unsuccessfully 
attempting to surprise a party of natives believed to be impli- 
cated in the murder of Volkner. At Awanui, Tiwai, a friend of 



WAHAROA SUBMITS. 289 

Volkner, pointed out one of the murderers, a half-caste, to two 
sailors disguised as Maoris, one of whom succeeded in grasping 
him by the hand before suspicion was aroused. He shook off 
his assailants and escaped amid shots from revolvers. Kereopa 
was in the interior. Patara with armed men held colloquy with 
Captain Fremantle on the 24th May. The chief " appeared 
quite prepared against a coup-de-main, and confident in his 
strength held a hunting-whip under his arm, but had evidently 
a pistol in each pocket." He denied complicity in the murder, 
and acquiesced in a proposal that he should return to Opotiki. 
It was satisfactory to know that at Kawhia Rewi repelled the 
idea that he or his tribe had sanctioned the murder. 

Mr. George Graham being about to visit Waikato, in May, 
volunteered to meet the king- maker and other chiefs, and per- 
suade them to take the oath of allegiance. Sir George Grey 
empowered him (9th May) to assure them of his friendliness, and 
desire to treat them with generosity, to bring prominently before 
them his letter of the 16th December, 1863, promising them 
kind treatment after the fall of Rangiriri, and to explain the 
proclamation of December, 1864, proffering pardon while con- 
fiscating land. In May also the Native Land Purchase Depart- 
ment was abolished, and it was notified that cessions of land 
would be negotiated for under the Native Lands Act of 1862 
(to which the Royal assent had been given on the recommend- 
ation of the Duke of Newcastle in 1863), the operation of that 
law " rendering the continuance of the Land Purchase Depart- 
ment unnecessary." A proclamation issued in April denounced 
murder, cannibalism, and other revolting acts of the Hau Haus as 
repugnant to humanity, and called on all well-disposed natives 
and Europeans to aid in repressing them. 

Mr. Graham saw the king-maker face to face, and weary of 
his country's woes the patriot, who had been baffled rather by 
the crimes of others than by his own mistakes, agreed to take 
the oath of allegiance at Tamahure before Brigadier-General 
Carey. The latter rode thither from his camp at Te Awamutu 
on the 27th May. Mr. Graham preceded the chiefs, bearing a 
paper written by the king-maker in these terms, which he was 
willing to sign under the British flag : " We consent that the 
laws of the Queen be the laws for the king (Maori), to be a 

VOL. II. U 



290 NEW ZEALAND. 

protection for us all, for ever and ever. This is the sign of my 
making peace, my coming into the presence of my fighting friend 
General Carey." When Waharoa arrived with his friends, he 
dismounted and walked uncovered towards Carey, who shook 
hands with him. The covenant was signed by the chiefs, and 
by Carey and by Graham. Te Waharoa said little, but he 
requested that the Governor would appoint a Commission to 
inquire into his character, which had been maligned, and would 
allow him to see again the face of his friend Tui Tamihana. 
The Governor telegraphed the submission to the Secretary of 
State, and wrote to Te Waharoa, who answered him from Mata- 
mata. ..." All I think of is that peace is made. There is rest, 
a breathing from the weariness and fatigue of working this 
evil work of war. The weapons of war have been cast away." 
Important no doubt was his submission, and the Hau Hau 
brutalities had unwittingly tended to bring it about : but as 
Te Waharoa had failed to restrain Rewi in 1863, so it was certain 
that he could do nothing to check those whom Wi Tako had 
called madmen when he spurned any further connection with 
them. It seems fitting to couple the king-maker's submission 
with the atrocities which conduced to it. 

Sir George Grey was at Wanganui when Mr. Volkner's death 
was reported. Friendly chiefs there had just guaranteed to the 
principal chiefs at Pipiriki, full pardon from the Government 
on submission. One of them, Topia Turoa, had come to Wan- 
ganui on the 14th March, to consult about the guarantee. 
That night the murder of Volkner was made known, with the 
horrible addition of the orgies round the soldier's head at 
Pipiriki, where Topia had been an accomplice in sanctioning the 
expedition to Opotiki, although from his youth he had been 
brought up in familiarity with Englishmen. The Governor saw 
Topia, who said (loth March) he had no desire to be there, but 
had come because he was sent for. He would not take the oath 
of allegiance. The Governor declared that Topia was respon- 
sible for the murder by having acted as a Hau Hau priest at 
Pipiriki, but as he had come to Wanganui under arrangement 
with Hori Kingi, Mete Kingi, and others he might depart. If 
even now he would take the oath of allegiance the promises 
mode by the chiefs should be respected. " To-day he may 



TOPIA TUROA DEFIES THE GOVERNOR. 291 

return up the river. To-morrow a large reward will be offered 
for his seizure ; and if caught, he shall be tried for murder." 
Topia replied : "You say that I am implicated in the murders 
of Mr. Hewitt and Mr. Volkner. It is correct. 1 I am impli- 
cated in them, and also in the work of the Hau Hau." The 
Governor asked Mete Kingi if the chiefs knew that Hewitt's 
head had been at Pipiriki when they made peace there. Mete 
Kingi, Hori Kingi, and others said No ; and Topia coolly said : 
" The head had passed on when Hewitt was killed ; it was 
another head." He added that he had made peace with Hori 
Kingi, but not with the Europeans. " If you choose to arrest 
me now, you can. I am willing to be arrested without offering 
resistance. Do not think to frighten me into taking the oath of 
allegiance by threats. I will not take it. ... I quite agree 
with what you say about offering a reward for me to-morrow.' 
The Governor said : " He had better go at once. I will have no 
further intercourse with him. Topia left, and the friendly 
chiefs endeavoured to procure his submission ; but he would do 
nothing more till he had consulted his friends. In after years he 
was to render signal service to the English. By the Governor's 
direction a body of friendly Maoris with 200 military settlers 
under Major Atkinson, the Minister of Colonial Defence, took 
possession of Pipiriki on the Wanganui river on the 3rd April, 
but did not capture Topia. 

The relations of the Governor with the General were about to 
be galling to both, and injurious to the service. In apprising 
the General of Mr. Volkner's death, the Governor told him that 
it was an ancient custom with Maoris to endeavour to draw off 
an enemy's forces by committing some horrible murder far away. 
The murder of Mr. Volkner was marked with all characteristics 
of that custom. The General on the 14th March attacked a 
body of Maoris near Patea, and drove them off with some 
slaughter. One European killed and three wounded, formed 
the English loss, while eighteen Maoris were found dead, and 
many more were wounded. The Governor having remarked that 
the submission of the natives generally might he looked for at 

1 It was by implication only that Turoa could be accused of complicity 
in Volkner's murder. It lias been seen that Kereopa's commission from 
the prophet Te Ua forbade violence towards Europeans. 

U 2 



292 NEW ZEALAND. 

an early date, the General in a friendly letter replied : " Their 
submission never appeared so far off as at present." On the 17th 
March, he asked whether in face of probable serious loss in the 
attempt the immediate possession of the Waitotara block was of 
such consequence that he was to attack the Weraroa pah, or 
continue his advance to Taranaki. Sir George Grey said that 
the question of possession of the Waitotara block had never 
entered into his calculations. However important the capture 
of Weraroa was to prevent wrong impressions on the Maori 
mind, and dominate the adjacent country, in the face of the 
General's opinion that he had not sufficient force for the task, 
he could not request him to take it. There was some trouble 
about obtaining advances from the commissariat chest to the 
Wanganui militia, but the General gave the requisite orders, 
grumbling at the same time at the occupation of Pipiriki. If 
it was to be taken because Captain Lloyd's head had been 
exhibited there, almost every rebel settlement would have 
to be occupied in the island. "We have too many irons in 
the fire." 

In April the Governor sailed for Wellington and the east 
coast to make inquiries about the murderers of Mr. Volkner. 
On his way the Ministry advised with him not only on that 
subject but about rumours, that war was being carried on for the 
profit and gratification of the colonists, which they warmly 
resented. On the 7th April, Sir George Grey in a memorandum 
communicated to his advisers, sympathized with them, and 
suggested that military aid accompanied by such remarks as 
those of General Cameron was so undesirable, that it would be 
better for the colony to see the military force reduced and rely 
on its own resources. On the 8th, the Ministry concurred; 
declaring that it could not be hoped that the zeal and energy 
required for success in the field would be displayed by any 
officer, however distinguished, in support of a course branded by 
him with such severe reprobation. The Governor on this occa- 
sion wrote his despatch suggesting the withdrawal of troops and 
an Imperial guarantee for three millions, or a Parliamentary 
grant for four or five years, which, as has been seen, Mr. Card well 
declined to sanction. On the 4th March, without mentioning 
the General's comments upon the Waitotara block, the Governor 



DISPUTES OF GOVERNOR AND GENERAL. 293 

had recommended that inquiry should be instituted with regard 
to the purchase, as disparaging rumours had reached him. The 
Ministry were willing that Sir William Martin should be ap- 
pointed a Commissioner for the purpose, but they wished to 
know the name of the Governor's informant. When asked at a 
later date for his reasons for believing that the purchase was an 
iniquitous job, the General, whose relations with the Governor 
were then unfriendly, replied that it was no part of his duty to 
collect information on such a subject, and he declined to enter 
into any correspondence with the Governor about it; but he 
would acquaint Her Majesty's Government with the information 
on which he had formed his opinions. It was true that the old 
lust for the Waitara raged in the minds of many. The Defence 
Minister, Major Atkinson, was one of the Taranaki conspirators 
who forced upon the Government the robbery of Te Rangitake. 
But specific proofs were not available for the General. It was 
difficult for him to show how the passions of men prompted 
their acts. When he furnished his reasons, they were resolved 
into a conversation with a stranger. 

Facts about the Waitotara block were laid before the New 
Zealand Assembly in 1863. Dr. Featherston and others indig- 
nantly repudiated the General's inferences. General Cameron 
should have applied his intelligence to the quarrel between the 
Maori and the colonist at an earlier date. If he could have 
averted the crossing of the Maungatawhiri he might have had 
no need to protest against the purchase at Waitotara. There 
was open rupture between the Governor and General about a 
private letter of the latter (30th March) concerning the Weraroa 
pah. To have assailed the natives in a position so advantageous 
to them would not have punished them. " I have no doubt they 
would have been delighted if we had attacked their pah, and 
that they have been as much disappointed at our not attacking 
them as you and Mr. Mantell (Native Minister) have been. 
What is it to Mr. Mantell * or to any other Colonial Minister how 

1 The General was unhappy in singling out Mr. Mantell for reprobation. 
His voice and pen were often used more eloquently than the General's in 
demanding justice for the Maoris. The Governor WAS equally unhappy 
about the same time. It was in April and May, 1865, that he was lamely 
defending himself against Mr. Fitzgerald's criticisms on the seizure of the 



294 NEW ZEALAND. 

many British officers and soldiers we lose in any operation they 
recommend, so long as the policy they advocate is carried out. 
And I confess that this is a point which it appears to me has 
never sufficiently entered into your calculations. ... I have a 
grave responsibility in the matter, and having already lost a 
great many valuable officers and men in attacking pahs I think I 
may be excused if I am somewhat cautious in undertaking oper- 
ations of that description without the most absolute necessity." 

This imputation of carelessness of soldiers' lives had roused 
Sir George Grey's wrath, when, on the 7th April, he recom- 
mended his advisers to dispense with troops ; and when, on the 
9th, General Cameron informed him that he had sent copies of 
the correspondence to the Secretary for War, the Governor cast 
the button from his foil, regretted that such imputations should 
have been made against himself and the Ministry, still more that 
they should have been sent to England unaccompanied by any 
reply, and added : "You will, I am sure, feel that I cannot after 
this continue a private correspondence which subjects me to 
difficulties of this nature " (17th April). The familiar style of 
friendly address between the Governor and General ceased with 
this letter, which the latter merely acknowledged. The General 
was in ill humour with his campaign. He followed the Governor 
to Auckland to obtain definite instructions. On the 3rd May, he 
grumbled at the publication by the Ministry of the Governor's 
memorandum about rumours that the Waitotara purchase was 
iniquitous. Though the Governor had not pointed out the 
General as the author or abettor, the Ministers' personal attack 
on the General showed that they " were fully aware of the person 
to whom the memorandum was intended to refer." He would 
forward copies to England to show how, while engaged in the 
field, he was attacked behind his back. The Governor immedi- 
ately furnished the incensed soldier with copies of his despatches 
to Mr. Card well, a courtesy which, at a later date, the General 
declined to reciprocate, illogically averring that it was unadvis- 
able to comply with the Governor's request at the time, and that 
there was nothing in the despatches of which the Governor was 

Tataraimaka block, the building of a barrack within the territory of Tawhiuo, 
and other preludes to the invasion of Waikato. Mr. Fitzgerald was to 
become his Native Minister in August, 18G5. 



DISPUTES OF GOVERNOR AND GENRRAL. 295 

ignorant. The Governor had already said that he wished to see 
them, because Mr. Card well wrote that there was a discrepancy 
between the General's despatches to the War Office and those of 
the Governor to the Colonial Office. He informed the General 
that Her Majesty's Government must determine whether the 
General was justified in creating secretly wrong impressions, 
" and in now shrinking from giving me an opportunity of giving 
explanations regarding my proceedings (which I have been called 
on to furnish), by refusing to acquaint me with the statements 
you did not hesitate to make, but dare not produce" (10th June)- 
The General replied that he cared not what construction his 
Excellency might be pleased to put upon his actions. Each 
blamed the other for unduly communicating, to third persons, 
confidences which should have been kept sacred. 

At this time a very crippling blow was aimed at the position 
of the Colonial Government ; for although Mr. Weld professed a 
self-reliant policy, he, like others, used Imperial troops. The 
Commissary-General, Jones, suggested that the presence of the 
Governor and two Ministers at Auckland made it convenient to 
settle the long open question of supplies to the Colonial Govern- 
ment as advances from the Imperial chest, which Mr. Jones 
thought might fairly come to an end in a few weeks, except in 
such special cases as might be, on precise application, approved 
by the General. The power of the colony to repay the advances 
seemed to Mr. Jones " very problematical." The General con- 
currred with Mr. Jones, and (5th June) forwarded his letter to 
the Governor, proposing to cancel all existing authorities (for 
issues of pay and rations) on the 1st August. On the 9th June, 
Sir George Grey seriously presented the aspect of affairs to the 
General's consideration. " If you choose to cancel all the existing 
authorities ... I cannot prevent you from taking such a course, 
and the colonial officers shall be instructed to afford you any 
information; but I think it my duty to state why I think it 
would be disadvantageous to the colony as well as to the Imperial 
Government that you should at the present time follow " such a 
course. Negotiations in progress should be speedily closed ; the 
regiments to be ordered to England, and the occupation and 
maintenance of posts should be decided upon ; and the extent 
to which the commissariat should assist in that maintenance 



296 NEW ZEALAND. 

should be determined. On the 21st June, the General intimated 
that he would refer the commissariat question to the Secretary 
for War. As to Weraroa, he had frequently explained Jiis opinions, 
and the commanding Royal Engineer " fully concurred with me, 
that a siege of the position is not advisable at this season of the 
year." The Governor told the Secretary of State that he believed 
no other commander in New Zealand had ever gone into winter 
quarters, and that it was pernicious to leave rebels undisturbed 
'for months close to Wanganui. 

General Cameron remained at Auckland, writing despatches 
to countervail the effect of those which Sir George Grey had 
sent to England. The reputation of a Governor who had earned 
distinction, might, he feared, overpower his representations, and 
on one occasion he specially sent a steamer to Australia to 
expedite the reading of a despatch in England. The cause of 
so costly an experiment was the publication, for the use of the 
Assembly, of the protest of the Ministry against the General's 
imputation that they were careless of the lives of British soldiers. 1 
Despatches from Mr. Cardwell and from the War Office contem- 
plated the sending away of five regiments from New Zealand at 
an early date. Mr. Cardwell wrote (26th April, 1865) : " The 
Secretary of State for War will send no re-enforcements to General 
Cameron, but will repeat the instructions already given for the 
withdrawal of five regiments with as little delay as possible, 
consistently with the safe execution of my instructions to you. 
On your part you will confine your requirements for the assist- 
ance of General Cameron within the limits which I have 
prescribed." The Governor's position was oppressive. He was 

1 He reported the cause to Sir George Grey, upbraiding him at the same 
time for communicating the contents of private letters to the Ministers. The 
Governor replied that the accusations were so serious that they could not 
be slurred over. The letters containing them could hardly be called 
merely private, nor had the General treated them as such, for he had him- 
self sent copies of them to the Secretary for War, without giving the 
Governor or his advisers an opportunity of commenting on them. The 
Governor had warned his advisers that they ought not to treat the letters 
ns official unless made public by the General. When they were informed 
that the General had sent copies to England they published them without 
informing the Governor of their intention, but under the circumstances he 
thought them entitled to choose their mode of defence against the charges 
made against them 



WELD MINISTRY OFFER TO RESIGN. 297 

supposed to be responsible for the intention of campaigns, and 
the rebel stronghold stood, idly scanned by British troops, far 
outnumbering the garrison. Those troops, moreover, must soon 
depart. The General Assembly was to meet in July. How 
could the Governor meet it without shame ? The General would 
shake the dust off his feet. He had tendered his resignation in 
February, and in June he received permission to return to 
England. He had power to delay his departure, but, looking at 
the relations between himself and the Governor, saw no advantage 
in remaining. This was, he said, the fault of the Governor and 
his advisers. The native garrison was weakened, and in the 
end of June there were divided counsels in Weraroa. Rangi- 
hiwinui wrote to the Governor that a dispute between the 
military and the militia had impeded the surrender of the pah. 
The military authorities would settle no terms without consent 
of the General, who was in Auckland. Several chiefs carried 
the letter and gave explanations. Sir George Grey wrote to the 
General. He withdrew himself from the question of removing 
troops, in which the General left him no power, and begged the 
latter to act on his own discretion. He enclosed a ministerial 
minute urging the withdrawal of the troops, and complaining 
that the General's inaction had marred the campaign. But he 
did not content himself with writing. He determined to give the 
General a lesson in the art of war before he quitted the colony. 
The fiery Von Tempsky had, on the 24th June, tendered his 
resignation, because the army was not permitted to help him at 
Weraroa, in consequence of the interpretation put upon the 
General's orders. The Wanganui Maori contingent was indignant 
because restrained from attacking the pah. 

At Wellington, on the 12th July, the Ministry formally 
announced that, on the meeting of the Assembly, they would 
resign. They had on the llth, with equal formality, declared 
that they could not recommend an appropriation of 40 per 
head for Imperial forces in the colony. General Cameron's 
unfounded charges, and his inactivity, which marred the success 
of even Colonel Warre's proceedings at Taranaki, prompted the 
Ministry to abstain from recommending the appropriation for 
the troops. They based their resignation on the General's 
conduct. He influenced, if he did not guide, the Imperial 



298 NEW ZEALAND. 

Government. He conveyed hostile criticisms and imputations, 
and when called on for explanation or information refused to 
give either. They gratefully acknowledged the constitutional 
support and efforts of the Governor ; they did not doubt the 
approval of the Assembly ; but such an irresponsible authority 
as that arrogated by the General made their resignations impera- 
tive. The Governor enclosed their minute to the Secretary of 
State, and feared that great political embarrassments would arise. 
Within a week Sir George Grey was in the field before the 
Weraroa pah. Already it was suspected, if not known, to be 
weakly garrisoned. The friendly chiefs had nearly procured a 
capitulation. Three hundred and eighty Maori allies were 
camped 2000 yards from it; 130 cavalry (called Bush Rangers), 
with Major Von Tempsky, were encamped 800 yards from it, 
and Major Rookes of the militia, under whom Von Tempsky 
served, was in the Perikamo pah, about 400 yards from Weraroa. 
Brigadier-General Waddy was with the Governor. Pehimana 
and Aperahama, chiefs from the pah, awaited his arrival on the 
17th July. They admitted that Weraroa pah was built on 
English property, and were willing to put it in the hands of 
Hori Kingi, the Wanganui chief friendly to the English. They 
wished for time to remove the women and children. The 
Governor granted it. He asked if Hori Kingi would take 
possession. Hori Kingi had no confidence in Pai Marire fanatics, 
and declined. The Governor said he would do so, and the chief 
must accompany him. The rebel chiefs returned to Weraroa to 
make preparations to receive the Governor. A white flag was 
flying. The Governor, General Waddy, Major Gray, Captain 
Bulkeley, Colonel Trevor, and Mr. Parris the interpreter, rode 
towards it. They were met by Maoris, one of whom inquired 
whether time to remove women and children would be given. 
" Yes, that had been arranged." Were they to be punished for 
their rebellion? The Governor said all would be pardoned 
except murderers ; and those who returned to their allegiance 
would be treated in all respects like the Queen's European 
subjects. The natives said all was satisfactory. Aperahama 
came out of the pah and requested the Governor and Hori 
Kingi to enter it. Hori Kingi rode to Sir George Grey's side, 
saying : " Oh Governor, do not let us go in. Ride up and touch 



THE WERAROA PAH. 299 

the fence with your hand, and let that satisfy you. Do not let 
us go in." Other natives begged him not to go in, saying that 
the people in Weraroa were " fanatics, given up to old customs." 
Nevertheless, the Governor, Hori Kingi, Hori Kerei, and Mr. 
Parris, rode on. At 30 yards' distance from the pah, the 
Hau Hau priest came out and told the natives not to allow the 
cavalcade to approach nearer. Hori Kingi's keen eyes detected 
that the guns were prepared in the pah. Chiefs of Weraroa, 
friendly to the Governor, stood between him and the pah, and 
begged him to desist. After a time he rode away. Pehimana 
and Aperahama had not been treacherous, however. Failing to 
prevail on the garrison to surrender the pah, the former immedi- 
ately gave himself up. The latter surrendered on the following 
morning. On the 18th, the garrison made further pretences of 
surrender, vainly asking the Governor by letter to send away the 
soldiers. 

The Hau Haus did not rely only on diplomacy. Topia Turoa, 
who bearded Sir George Grey in March, was on the war-track. 
Captain Brassey, commanding at Pipiriki, was assailed. Friendly 
natives warned the Governor, and no time was to be lost. On 
the 19th July, Grey asked General Waddy if his instructions 
from the General permitted him to invest Weraroa. That 
officer replied that he could not do so without orders from 
General Cameron. On the same day the Governor asked if 
General Waddy would under the circumstances without delay 
establish a post of 400 men near the camp of Major Von 
Teinpsky, and thus furnish a moral support to the local forces 
and friendly natives; sending also a detachment of artillery to 
keep down the fire of the besieged while the local forces and 
natives worked their way up to the assault. The brave Brigadier 
consented, alleging as his excuse the time that might elapse if 
he were to wait for the General's orders from Auckland. The 
available force consisted of 473 men, viz. 25 Wanganui cavalry, 
139 Forest and Bush Rangers, 109 native contingent, and 200 
friendly Maoris. In round numbers, therefore, two-thirds of the 
force were Maoris. Though perched on a high point from which 
precipices or steep banks descended about 300 feet to the Wai- 
totara river and the Koie where they joined their streams, 
Weraroa could be commanded by still higher ground on the 



300 NEW ZEALAND. 

opposite or right bank of the Koie, where there was good cover 
for riflemen. The pah was placed rearwards to the Koie and 
Waitotara. Its front was strongly fortified, and palisaded rifle- 
pits seemed to guarantee the darling object of Maori warriors, 
the certainty of inflicting loss on their enemy before quitting, 
if needful, their stronghold. The valleys of the Waitotara and 
Koie were exposed to fire from the pah, and no danger was 
apprehended in the rear. A pathway led across the Koie stream, 
and on the Karaka ridge on the other side was a redoubt built by 
the Maoris to cover retreat from Weraroa, and facilitate supplies 
and re-enforcements across the Koie valley, about 500 yards wide. 
Hori Kerei, to whose father the Karaka range had belonged, 
explained on the ground the peculiarities of the surrounding 
forest. At two o'clock in the morning on the 20th July the 
plan of attack was fixed upon. The Maori allies and native 
contingent officers unanimously agreed that it was sound. The 
Karaka height was to be occupied by surprise, a circuitous route 
to it being taken through dense forest ; and thus Weraroa was 
to be rendered untenable. Early on the 20th, Colonel Trevor 
arrived with 100 men of the 14th, and encamped on the 
left front of the pah. At ten o'clock Captain Noblett brought 
100 of the 18th, and pitched his tents near those of the 14th. 
At half-past twelve the colonial and native forces were paraded ; 
and then, by a road unseen from the pah, moved off for the 
Karaka heights. The weather was cold and rainy. Major Von 
Tempsky was ill, and Major Rookes took command of the 
expedition to Karaka. The brave and intelligent Rangihiwinui 
accompanied him. In front of the pah was Sir George Grey 
with a few friendly natives, and the moral support of 200 
British soldiers, aided by the empty tents which the defenders 
of the pah believed to be occupied. Till daybreak on the 21st 
the success of the Karaka expedition was unknown in front 
of Weraroa. Then some dropping shots announced that Major 
Rookes and Rangihiwinui had done their work. Cheers were 
heard from the height, and confusion was in Weraroa. After 
a march of six hours Major Rookes had gained his position. At 
half-past four he surprised a native village and outpost, capturing 
50 prisoners with their arms, and two kegs of ammunition. 
They comprised a re-enforcement on the way to join the rebels 



CAPTURE OF WERAROA PAH. 301 

in Weraroa. They incommoded him, and he was busy entrench- 
ing his position ; he could not send them away without danger- 
ously weakening his force. Captain Ross arrived with a letter 
from him at ten o'clock on the 21st. Colonel Trevor allowed 
some of the 14th Regiment to guard the prisoners in conjunction 
with 50 Maoris whom Sir George Grey told Major Rookes to 
send as escort. To increase the force in front of the pah, the 
Governor earnestly requested the Colonel in command at Patea 
to send 200 men immediately to place themselves under com- 
mand of General Waddy, who was expected on the ground. 
Captain Brassey was in danger at Pipiriki, and the Maori allies 
were to help him after the capture of Weraroa. Sir George 
Grey congratulated Major Rookes. ..." We shall make a sham 
attack on Weraroa from this side to-morrow morning at day- 
light, and seize a position ourselves. . . . P.S. I rely on your 
having picked shots to give them no peace by day, and ambus- 
cades well planted every night, so that nothing can get in or out 
in safety/' 

To Mr. Cardwell the Governor wrote that his strategic 
arrangements were defective in one point of view. The force 
in front was too small ; but " the critical position of Captain 
Brassey and his small force at Pipiriki made it necessary to risk 
a great deal, and I think that no risk greater than what ought 
under such circumstances to have been run was incurred." Major 
Nixon reported from Wanganui that trustworthy information had 
arrived that 400 Hau Haus were preparing to attack Captain 
Brassey. Maori allies wrote to the chiefs before Weraroa : 
" Friends, the enemy have closed the way to Pipiriki by occupy- 
ing Te Puha. They have drawn near to the Pakeha ; be quick 
hither." Before Weraroa the friendly chiefs viewed with alarm 
the smallness of the force. Blood was thicker than water, and 
it was felt, though not expressed, that on an emergency Colonel 
Trevor would convert a moral into a physical force. But the 
number of the garrison was unknown. Rumours described 
them variously, from 200 to 600 in number. To remove the 
just apprehensions of the chiefs, Colonel Trevor ordered up 50 
men from Nukumaru, and a like number from Waitotara. 
Though the 200 men expected from Wanganui had not arrived, 
and the 200 men at Patea had only just been asked for, the 



302 NEW ZEALAND. 

siege was to be carried on. Colonel Trevor was ready to make 
his sham attack in the morning. Before sunset the best marks- 
men in Major Rookes' force dropped rifle-shots into the pah, 
using sights for a range of 600 yards. The rebels were seen 
to be in confusion. The Karaka heights commanded their 
position. They knew not how few were those permitted to 
fight against them ; and their opponents knew not how few formed 
the garrison. They fled down cliffs and precipices. The Maori 
allies with Major Rookes perceived that Weraroa was evacuated. 
At daylight it was entered and handed over to Colonel Trevor by 
the few Maoris left within it. Far less time was spent in taking 
than General Cameron had consumed in writing about it, and 
not a man had been lost. The English knight to whom an 
Irish garrison surrendered when they saw him bring from the 
forest a charred log on wheels, which in the Plantagenet days 
they mistook for a cannon, had been successfully imitated by 
Sir George Grey, though if the garrison had been as numerous 
as when General Cameron declined to attack the pah, the result 
might have been different. The heavy guns ordered from 
Waitotara were countermanded. The officer at Patea was 
requested to keep back the 200 troops asked for on the day 
before. At half-past two in the morning of the 22nd the 
Governor wrote to Captain Brassey : " I have been in the 
greatest concern at your position, but have felt the utmost 
reliance on your courage and prudence, and on the bravery of 
your men. In the mean time I have risked everything here, 
to be able at the earliest moment to help you. . . . We go into 
the pah at daylight, and at the same hour a large force starts 
to rescue you. A messenger will take this to you who will 
manage to get through the enemy. Hold out bravely ; within 
a few hours after you get this you will have help." 

The ' Gundagai ' steamer and canoes carried the relieving forces. 
Amongst them were the chiefs Hori Kingi and Te Kepa Rangi- 
hiwinui. After the expedition had started a letter was received 
from Captain Brassey. It was dated 21st July, and announced that 
he had been attacked on the 19th, but had beaten off the enemy. 
Ensign Cleary and Sergeant Gourd only were wounded. There 
were 20 or more casualties amongst the enemy. The Hau Haus 
were guarding the way to Wanganui. Captain Brassey had 



MEETING OF GENERAL ASSEMBLY. 303 

promised the Maori letter-carrier 15 for taking his letter safely 
to Major Rookes. As some of the rebels could read English 
the gallant captain added this postcript : " Sumus sine rebus belli 
satis." " My cry, if I could make it heard, would be the M ! M ! ! " 
On the 1st August relief reached him. Mete Kingi, Hori Kingi, 
and others congratulated Captain Brassey in speeches which 
were published, as was also Mete Kingi's narrative addressed 
to the Governor. The thanks of the Governor for the conduct 
of all officers and men engaged in the operations were given in 
the warmest language. He was not doomed to win applause 
from his own superiors. The War Office after long incubation 
hatched new Orders framed to prevent a Governor from inter- 
fering, successfully or otherwise, with conduct of a campaign. 1 

The Ministry on reading Mr. Cardwell's despatch of 26th 
April, gathering from it that " the discretionary powers re- 
cently vested in the General had reverted to the Governor," and 
being informed that the General's resignation had been accepted, 
withdrew their own. The Governor told the Assembly that 
their resolutions in favour of a withdrawal of the troops had been 
forwarded, and that recent despatches led to an inference that 
such a policy would be adopted. Pending the decision of the 
Home Government he had determined to avail himself of the 
services of the troops in establishing order between Taranaki 
and Wanganui. " Contrary to my anticipation, however, con- 
siderable delay took place, which involved consequences fraught 
with disaster, and which led to fresh outbreaks in other parts of 

1 Mr. Weld, in July, 1865, wrote a letter to Lord Alfred Churchill, thank- 
ing him for advocacy in Parliament of the policy of the New Zealand 
Government. It was sent to the 'Times.' It spoke of the intention of 
the Ministry to resign, because " all is upset by the political action of 
Lieutenant-General Sir D. Cameron. He has been writing secretly to the 
Government, making accusations against the Government and the Ministry, 
and will not give the particulars or the grounds of his attacks, so that for 
months we have been condemned unheard. . . The Governor has been 
very badly treated, and it will be of course impossible for him to remain in 
office unless General Cameron is at once recalled. . . I can hardly believe 
that 600, or at most 800, half-armed fanatics could battle for months, in 
a comparatively open country, with upwards of 6000 well-armed Englishmen 
unless the General was acting upon political motives." Though it was not 
written for publication, it was not to be wondered at that Lord Churchill 
published the letter. 



304 NEW ZEALAND. 

the colony. I therefore ordered the colonial forces to advance 
against the Weraroa pah a movement which has resulted in its 
capture. The thanks of the colony are due to Major Rookes 
commanding, and to the officers and men of Her Majesty's 
European and native colonial forces engaged in this important 
operation. I also recognize the readiness with which Brigadier- 
General Waddy, C.B., Colonel Trevor, and the officers and men 
under their command, afforded me all the assistance that was in 
their power, though precluded by their orders from taking any 
active part in the operation against the enemy's stronghold." l 
To the zeal, energy, and ability of Colonel Warre commanding 
the Imperial and colonial forces at Taranaki, and to the devoted 
courage of the loyal natives, the Governor paid high tribute. 
Confident in the capacity of the loyal residents he would issue 
orders for the return of five regiments to England. He was 
about to invite certain chiefs to Wellington, and to lay before 
the Assembly a Bill enabling him to appoint a commission of 
chiefs to advise upon the best means of obtaining parliamentary 
representation of the Maoris. (It will be remembered that Mr. 
Fitzgerald's proposition on the subject was only rejected by a 
majority of three votes by the Assembly in 1862.) The manner 
in which the credit of the colony was impaired by the provincial 
loans in the English market, with some minor matters, was 
submitted to the serious consideration of the Assembly. Ten 
new members, nearly all from the Middle Island, had been 
called to the Council. A Representative having made light of 
the capture of the Weraroa, attributing it in some degree to 
General Cameron's previous engagements in the neighbourhood, 
Mr. J. C. Richmond, the Colonial Secretary, retorted that the 
General had gone to Weraroa and had seen no way to take it. 
" Sir George Grey had at once found its weak point, acted on the 
discovery, and taken Weraroa without bloodshed. General 
Cameron had come as one of England's promising Generals. 
He would go back reduced to the reputation of being good 
enough to lead a regiment which would go anywhere without 

1 On seeing this paragraph General Cameron wrote from Auckland: "I 
positively deny having given any orders to Brigadier-General Waddy, 
Colonel Trevor, or any other officer which prevented them from taking any 
active part" 



THE GENERAL GOES TO ENGLAND. 305 

leading, whilst Sir George Grey would retrieve a reputation 
that seemed waning at home, and add to his former character 
that of a prompt and able General." Cordial addresses in reply 
to the speech were carried in both Houses; by the represent- 
atives without a division on the 1st, in the Council, by 20 votes 
against 2, on the 3rd of August. Mr. Stafford assailed the 
Government for making roads at the point of the bayonet. Mr. 
Weld retorted that the House in agreeing to the Roads Bill was 
pledged to enforce the making of them even at the bayonet's 
point. He qualified the imperiousness of his tone by urging 
that the representation of Maoris in Parliament should be 
accorded. 

The General was not tardy in the new campaign allotted to 
him. His occupation in New Zealand was gone. He hastened 
to England to stir the War Office against the audacity of a civil 
officer in taking command in the field ; a dangerous innovation, 
which required to be nipped in the bud. Sir George Grey 
reported that Colonel Warre marching southwards from Taranaki 
had met Colonel Weare marching northwards from Waingon- 
goro, and trusted that these events would convince the Secretary 
of State that he had rightly declined to ask for more troops 
when importuned by the General, and that if Colonel Warre 
had been permitted, as requested by Sir G. Grey, to advance 
from Taranaki when the General marched from Wanganui, the 
war would have been ended, and vast colonial and Imperial 
expenditure saved. General Cameron in his last letter about 
the campaign (26th July), warned the Governor that he would 
address the Secretary for War on the subversion of discipline, 
and consequent confusion and disorder, countenanced if not 
encouraged by the Governor. In unhappy ignorance that 
Weraroa had already fallen, he defended his indolence about 
its capture. " All that was to be done was to make the neces- 
sary preparations, so that no time might be lost as soon as the 
weather admitted of the operation being undertaken. In a 
despatch of the 7th instant, I informed the Secretary for War 
that I intended to undertake the attack as soon as the weather 
allowed." More than common chagrin must have possessed the 
writer of such a despatch when in a few days he learned that 

the task which he looked upon as more than could " be done " 
VOL. 11. x 



306 NEW ZEALAND. 

had been achieved without loss. If there was in the War 
Office a spark spretce injuries auctoritatis, he would set a torch 
to it without delay. In his fury he would include the successful 
soldier, Colonel Warre. " Privately or semi-officially " he asked 
certain questions which Colonel Warre answered frankly. The 
General rejoined (26th August) : " It was not without good 
reason that I asked you the questions, and I fully expected to 
find what you admit that you have been in the constant habit 
of giving your opinions to the Governor and Colonial Minister 
freely on military subjects of every kind without my knowledge. 
I can hardly believe that your conduct will be approved by the 
authorities at home." He left without giving Colonel Warre 
opportunity to explain. That officer, in self-defence, informed 
the Governor that he had exceeded his object when writing to 
the General, who had arrived at a conclusion contrary to the 
one intended to be conveyed. " The admissions in my letter to 
Sir Duncan Cameron were confined to the expression of my 
opinion privately on all subjects connected with the native 
insurrection, and in replying -to questions verbally on subjects 
that your Excellency or Ministers, while resident at Taranaki, 
may have put to me. I appeal to your Excellency whether I 
ever presumed to offer such opinions as ' advice,' or whether I 
ever originated or suggested any military operations opposed to 
the known wishes or views of the late Lieutenant-General Com- 
manding." Sir George Grey sent the appeal to England, with 
his own assurance that as far as he was concerned the state- 
ment of Sir Duncan Cameron was wholly untrue, and he trusted 
inquiry would be made. It was " but a perilous shot out of an 
elder-gun that a poor and private displeasure could do" against 
a General still highly commended and recently knighted in 
England, and who as he chewed the cud of indignation on the 
way to Australia, so far lost temper as to write an angry letter 
to Sir George Grey and insert it in a Melbourne newspaper 
before it could reach him to whom it was addressed. He 
charged Sir George Grey with having told General Waddy at 
Wanganui that had the latter arrived before Weraroa, the 
Governor would have left the command in his hands. Sir 
George Grey admitted the charge. " I knew him to be a good 
and gallant soldier, anxious to do his duty ; and I believed if I 



LORD DE GREY AT THE WAR OFFICE. 307 

only got him into the fray, he would have fought his way well 
through it, whatever his orders were. The moment therefore I 
saw him thoroughly engaged in the affair, I should either have 
left the place, or have served on his staff, if he would have 
allowed me to do so." The retort, by comparing Waddy to 
Cameron, might be effective ; but risk to Imperial interests if 
Governors should in other places involve the Queen's troops in 
war without the sanction of their commanding officer was too 
obvious to allow it to be hoped that in this instance success 
would be honoured. Sir George Grey had done much, but 
he had not conformed to military etiquette. 

The judgment of the War Office under Earl de Grey in such 
a case could hardly be doubted, even by those who could not 
foretell the remarkable treaty of Washington in 1871, by which, 
under the presidency of the same nobleman, it was determined 
to scatter international rights and duties to the winds, and coin 
new terms under which England should admit having done 
wrong where no wrong was done, and pay a penalty so large that 
its receivers were unable to apply it in terms of the bond. The 
decision, or rather indecision, of the War Office, may be told in 
few words. Lord de Grey thought that Sir Duncan Cameron 
" had not assumed to himself any latitude inconsistent with the 
high position he filled " in corresponding with the War Office 
about the affairs of New Zealand. He admitted that Sir Dun- 
can Cameron ought to have furnished the Governor with copies 
of despatches "other than those relating to discipline and 
military routine." Instead of reprimanding the General for 
breach of propriety, of a distinct rule of the colonial service, 
and of a Horse Guards' circular letter (dated February, 1859), he 
said he would draw the General's attention to the Horse Guards' 
letter with a view to its being conformed to .in future. Sii 
Duncan Cameron was, it appeared, " not acquainted with the 
contents of the Horse Guards' letter." Never was there a 
grosser instance of a man being less wise than he seemed. 
Sir Duncan Cameron had left, and was known to have left, New 
Zealand nearly two months before this injunction was issued. 
For the General to disobey orders was venial. But Lord de 
Grey thought Sir George Grey inexcusable for showing to his 

Ministers the private letters in which they were traduced. 

x 2 



308 NEW ZEALAND. 

Lord de Grey did not consider the fact that the calumniatory 
letters had been transmitted to himself justified their being 
shown to the Ministers, or published by them with their defence, 
and yet he himself had laid some of them before Parliament 
without giving Sir George Grey an opportunity of explanation. 
Mr. Cardwell (25th September), in forwarding Lord de Grey's 
inane despatch, partially modified its offensiveness to the 
Governor by saying that it was to be regretted that General 
Cameron had not observed the regulations. " One of the mis- 
chievous consequences of this departure from the rules of the 
service on his part, probably has been that you, not unnaturally, 
have suspected that reports had been made unfavourable to 
yourself and your Ministers to a greater extent than you will 
find to have been the case." Mr. Cardwell, assuming that 
General Cameron's version was correct, pointed out that when 
the confiscation measures were objected to by the General, the 
Governor ought to have referred the matter to England, with 
the General's comments, so that the Secretary or Secretaries of 
State might decide the matter. It was perhaps impossible to 
do otherwise than assume the truth of General Cameron's state- 
ment that the proclamation of 17th September, 1864, confis- 
cated so much land as to render necessary an augmentation of 
troops in New Zealand, and was therefore unwise. But by the 
return mail Sir George Grey forwarded a minute written by the 
General on the 16th December, 1864, upon a map showing the 
confiscated lands. The minute declared to the New Zealand 
Ministry what in the General's opinion " might fairly be con- 
sidered as conquered territory." Of two lines, denoted by him, 
the one selected in the proclamation of the 17th December was 
that which included least land. How then, asked Sir George 
Grey, could he suppose that the General objected to the pro- 
clamation, and why was he left in ignorance that on the 7th 
January, 1865, the General had written to the Secretary for 
War to complain of the terms of the proclamation, which were 
as much his own measures as the Governor's ? The reader need 
not be wearied by further beating out of the question. The 
Governor wrote despatch after despatch, which Mr. Cardwell 
curtly acknowledged and referred to the War Office. Lord de 
Grey received an explanation from General Cameron, but " did 



SIR G. GREY'S VAIN APPEALS. 309 

not think it necessary to send a copy" to Mr. Cardwell, con- 
sidering " that the time had arrived for putting an end to the 
painful dispute." In vain did Sir George Grey appeal for 
vindication of his character. Lord de Grey's stolidity was more 
impregnable than the Weraroa pah. When the irate Governor 
so far officially forgot himself as to state in terms that the 
General's accusations were " malicious and unfounded," Cameron 
was as safe behind the plumbean De Grey as the Hau Haus had 
been from him behind the Weraroa palisade. 

When the Marquis of Hartington (who had been Under- 
secretary) became Secretary for War, on Lord de Grey's 
translation to the India Board, it was hardly to be expected 
that he would reverse the injustice of his late superior. Mr. 
Cardwell announced that the new Secretary agreed with the 
old one. 

The skill and gallantry displayed by the colonial forces and 
friendly natives at the capture of the Weraroa pah were hailed 
with satisfaction by Mr. Cardwell. As to his personal share the 
Governor was informed that his assumption of so large a share 
in the direction of military operations, in presence of the regular 
forces and of their officers, had given rise to questions on which 
he would be subsequently addressed. 

The proverb that " nothing succeeds like success," was falsi- 
fied in Sir George Grey's case. What Lord Palmerston would 
have done if he had lived, cannot be told. He died in October, 
1865. His weaker successor, Earl Russell, either did not try, or 
failed, to do justice. Sir George Grey was never thanked, 
although that he had sinned against no defined rule was estab- 
lished by the fact that new Army Regulations were found neces- 
sary to prevent a recurrence of the catastrophe which Sir 
Duncan Cameron had sustained. It was laid down that a 
Governor, though Captain-General and Commander-in-Chief, 
" is not therefore entitled to take the immediate direction of any 
military operations." Sir George Grey told Mr. Cardwell that 
he had expected to incur animosity by proving that success could 
be obtained in the field without the sacrifices sometimes made 
in New Zealand. He would bear the penalty cheerfully. He 
knew he had done his duty, and that knowledge would sustain 
him under any attacks, or under any censures or inconveniences 



310 NEW ZEALAND. 

to which Her Majesty's Government might from want of 
information subject him. 1 

Some changes were made in the Ministry during the session 
of 1865. Mr. Mantell retired from the office of Native Minister 
in July, and early in August Mr. J. E. Fitzgerald, " the orator 
of New Zealand," accepted it. He was notable for his desire to 
accord representation in Parliament to Maoris, and in a few 
weeks the Governor formally promulgated his readiness to confer 
with the Maori chiefs as to the manner in which that represent- 
ation should be conferred. It may be recollected that within a 
few months of Mr. Fitzgerald's acceptance of office, Sir George 
Grey had described him as understanding neither Englishmen 
nor barbarous men. 

On the 2nd September, 1865, two important proclamations 
were made. By one, " with the advice and consent of the 
Executive Council of the colony," the Governor confiscated 
large specified blocks of land belonging to the Ngatiawa and 
Ngatiruanui tribes. The lust of the Taranaki settlers was 
gratified at last. The garden of New Zealand was laid bare to 
their ravages, from the White Cliffs to Waitotara. The Governor 
in Council, " satisfied that certain native tribes or sections of 
tribes . . . having landed properties . . . have been engaged 
in rebellion . . . doth hereby set apart as eligible sites for 
settlement for colonization (lands described), and doth declare 
. . . that no land of any loyal inhabitant within the said districts, 
whether held by native custom or Crown grant, will be taken 
except so much as may be absolutely necessary for the security 
of the country, compensation being given for all land so taken ; 
and further, that all rebel inhabitants of the said districts who 
come in within a reasonable time and make submission to the 
Queen will receive a sufficient quantity of land within the said 
district under grant from the Crown." The other proclamation 

1 One passage in a despatch of llth December, 1865, was ill-adapted to 
win favourable consideration for the Governor. " I assert confidently that 
Sir Duncan Cameron in making such groeSjaccusations against me privately 
to Lord de Grey, one of Her Majesty's principal Secretaries of State, and 
liis Lordship in privately receiving them, are the wrong-doers, and not 
myself in treating these accusations as publicly made, and in meeting them 
as having been so made." The functionary who thus wrote of one Minister 
to another courted the spurns of which he complained. 



PROCLAMATIONS OF SEPTEMBER, 1865. 311 

was in the name of the Governor, and did not refer to advice of 
the Ministry. He declared that " the war which commenced at 
Oakura was at an end : " that sufficient punishment had been 
indicted upon the tribes who had taken arms, their war-parties 
had "been beaten, their strongholds captured, and so much 
of their lands confiscated as was thought necessary to deter 
them from again appealing to arms." None would be prosecuted 
for past offences except those concerned in certain barbarous 
murders which were enumerated as having occurred between 
March, 1860, and July, 1865, when Mr. Fulloon was killed at 
Whakatane. Eight occasions were specified, and some of them 
were not solitary murders. Te Pehi was specially excepted 
from pardon because " having taken the oath of allegiance . . . 
he violated (it) . . . and treacherously attacked the Queen's 
troops at Pipiriki. . . . Out of the lands which have been con- 
fiscated at the Waikato, and at Taranaki, and Ngatiruanui, the 
Governor will at once restore considerable quantities to those of 
the natives who wish to settle down upon their lands, to hold 
them upon Crown grants, and to live under the protection of 
the law. For this purpose Commissioners will be sent forthwith 
into the Waikato, and the country about Taranaki, and between 
that place and Wanganui, who will put the natives who may 
desire it upon lands at once, and will mark the boundaries of 
the blocks which they are to occupy. Those who do not come 
in at once to claim the benefit of this arrangement must expect 
to be excluded. The Governor will take no more lands on 
account of the present war. As regards the prisoners now in 
custody, the Governor will hold them until it shall be seen 
whether those who have been in arms return to peace. If they 
do so the prisoners will be set at liberty. . . . The Governor 
now calls upon all the chiefs and tribes to assist him in 
putting a stop to all acts of violence for the future. . . . The 
Governor is about to call a meeting of all the great chiefs to 
consult with his Government as to the best means whereby the 
Maori people may be represented in the General Assembly, so 
that they may henceforth help to make the laws which they 
are called upon to obey. . . . Her Majesty the Queen desires that 
equal laws and equal rights and liberties may be enjoyed by all 
her subjects in this island, and to that end the Governor in the 



312 NEW ZEALAND. 

name of the Queen publishes this proclamation." It is necessary 
to note the distinct declarations that the Governor would respect 
the possessions of the loyal ; would " at once restore " lands to 
the Maoris ; and that Commissioners would " be sent forthwith " 
to put the Maoris in possession and " to mark the boundaries." 
It will be seen hereafter that these promises were left unfulfilled 
by Ministry after Ministry, and that the turmoil at the Waimate 
Plains caused by glaring violation of these promises extorted a 
Royal Commission in 1880, composed of Fox and Dillon Bell, 
who were constrained to admit that not only these but repeated 
promises were broken, and even solemn awards of Courts in 
favour of Maoris were never carried out. The murder of Mr. 
Fulloon, specially alluded to in the Governor's proclamation of 
peace, requires consideration in order that the condition of New 
Zealand in 1865 may be understood. 

On the capture of Weraroa regular war was deemed at an 
end, and the savage murders by Hau Haus were not allowed to 
prevent the proclamation of peace. They indeed, like missiles 
hurled in the .darkness, smote the colonists and made them 
shudder. Plotted in secrecy, they were executed with hasty 
and cunning ferocity. On the 22nd July, emboldened by the 
spread of their faith and their impunity after Volkner's death, 
the Hau Haus murdered Mr. Fulloon at Whakatane, together 
with the captain and all but two persons on board the cutter 
' Kate,' which took them thither. They burned the cutter. 
Mr. Fulloon, a half-caste Maori interpreter, had been allowed by 
the Defence Minister to call at Whakatane, at his own request, 
for the purpose of checking the spread of disaffection. In 
September, in disregard of the old Maori sense of honour, Kereti 
Te Ahura, a Maori policeman, while engaged in carrying the 
Governor's peace proclamation, was mortally wounded and robbed 
near Weraroa by an ambushed party, but was rescued in time 
to enable him to make a dying deposition identifying some of 
his murderers. The Governor offered a reward of 1000 for 
bringing any of the murderers to justice. Mr. Broughton, an 
interpreter, in obeying Colonel Waddy's orders, was decoyed to 
an interview on the west coast and murdered. These and other 
atrocities Mr. Weld's Ministry saw partially punished by the 
capture of Opotiki in September. 



THE ARAWA WAR AGAINST HAU HAUS. 313 

The fall of the Weraroa pah permitted the withdrawal from the 
west coast of an expeditionary force of 500 men, composed of 
military settlers, of Bush Rangers, of the native contingent, and 
Wanganui Yeomanry Cavalry. H.M.S. 'Brisk' aided the land- 
ing of the forces in the east, in September, 1865. The native 
contingent, spread in skirmishing order on reaching the shore, 
drove the enemy before them, captured a pah, and occupied 
Opotiki. Captain Hope, of the ' Brisk,' wrote : " They were the 
admiration of all of us. We could see it all from the ship, and 
it was beautiful." Special thanks were conveyed to Captain 
Hope by the New Zealand Government. Major Brassey was in 
command of the land expedition, and although a want of con- 
cord with his subordinates militated against his success, the Pua 
pah fell into his hands in September, and the enthusiasm of the 
Whakatohea tribe for the Hau Haus waned sensibly. Some 
of them voluntarily surrendered with their arms in October. 
Kereopa was surprised and narrowly escaped capture in the 
same month. A few prisoners were taken. The Arawa tribe, 
meanwhile, displayed signal energy. In September, 1863, they 
had incurred tribal animosity by preventing the Ngatiporou, 
Ngatiawa, and others from passing through their territory on 
the way to Waikato. In pursuing the murderers of Volkner 
and in resisting enemies they neglected their cultivations, and 
suffered in killed and wounded. When Fulloon was murdered, 
Mr. Mair (Mr. Meade's companion at Lake Taupo) started from 
Lake Tarawera with 200 Arawas, while 150 others proceeded 
down the coast from Maketu. On the 16th August, the two 
bands attacked different pahs without success, having no artillery. 
They then effected a junction, and harassed the Hau Haus, but 
were unable to attack the pahs, and waited for assistance from 
the Opotiki colonial force. Being disappointed, they detached 
an expedition which seized all the canoes at Whakatane, where 
Fulloon had been murdered. Taking some canoes by the river, 
and dragging some across a belt of land to a lake in the enemy's 
rear, they stopped his supplies. The Hau Haus evacuated their 
pahs on the 10th October, retreating in canoes to the Teko pah 
on the Rangitaiki river. On the 17th October, the Arawas, still 
accompanied by Mr. Mair, by Hemipo the guide of Mr. Meade, 
and by his friend Poihipi Tukeraingi, invested Teko. On one 



314 NEW ZEALAND. 

side was the rapid river, on three other sides smooth declivities. 
Three lines of palisading, with flanking angles, three rows of 
rifle-pits and breastworks, contained a fort 90 yards long and 
45 yards wide, within which each hut was fortified. A covered 
way communicated with a landing-place on the river. Three 
saps were commenced, and under shelter of undulating ground 
had, in spite of heavy musketry fire, been carried so far that in 
two days the Hau Haus asked for a truce to arrange terms of 
capitulation. Firing was suspended for 24 hours, but the sap 
was proceeded with. Hemipo, whose eloquence aided Mr. 
Meade at Tataroa, now applied it to save his father Ngaperi in 
Teko, whom he persuaded to come out of the garrison with 
more than a score of friends. None of them being implicated 
in murders, Mr. Mair allowed them to join the loyal Maoris. 
When the sap was finished close to an angle, and the covered 
way cut off, the Hau Haus were summoned to surrender. If the 
place were taken by assault they were promised that no quarter 
should be given. They laid down their arms. As they marched 
out, the victorious Arawas leaped from their trenches with a 
yell, and under the guidance of old Poihipi Tukeraingi danced 
with fury the maddening war-dance of triumph while the cap- 
tives stood dejected, and the ground around them shook with 
the tramp of their conquerors. Amongst the captives were 
nearly 30 suspected murderers, of whom Mair took possession 
on behalf of the Government. The remainder were held by the 
Arawa as prisoners of war. Mair handed his prisoners to the 
force under Major Brassey, and a court-martial was held early in 
November upon them. The evidence of two half-caste lads was 
deemed sufficient to convict many of them of complicity in the 
murder of Fulloon ; but when the sentences were submitted to 
the Government it was found that the proceedings had been 
irregular. The offenders were nevertheless indicted again with 
others before a criminal court. Thirty-five were convicted of 
murdering or of being accessories to the murders of Volkner and 
Fulloon. Several were executed ; others were sentenced to hard 
labour. Some were pardoned in after years. The men from 
Wanganui after these exploits returned to the west coast l to assist 

1 A more detailed account of the expedition may be found in ' Remin- 
iscences of the War in New Zealand.' (T. W. Gudgeon.) London : 1879. 



ROPATA WAHAWAHA. 315 

General Chute. The Governor reported (5th December, 1865) : 
" Our native forces have arrested 17 natives out of the 23 who 
are believed to have taken a part in the murder of Mr. Fulloon." 
There were other friendly Maoris besides the Arawa on the 
east, to whose doings it may be well to refer at this time. 
Ropata Wahawaha the Ngatiporou chief and Mokena Kohere 
distinguished themselves, though in so doing they opposed 
men of their tribes. Although Patara rebuked his brother- 
prophet, Kereopa, for the murder of Volkner, and declared that 
his mission was merely religious, he was active in inculcating 
Hau Hau doctrine. From Opotiki he went to Poverty Bay, 
where he seems to have counteracted Kereopa sufficiently to save 
some European lives, and thence he travelled through the Ran- 
gowhakaata and Ngatiporou territories towards the East Cape, 
making large numbers of proselytes. Ropata Wahawaha, 
Mokena Kohere, and Henare Potae, resisted the infection, and 
applied to Donald McLean for fire-arms to enable them to 
defend themselves, and contend in the field against the fanatics. 
McLean consented. As early as June, 1865, Ropata, with 
inferior forces, encountered his misguided countrymen, and lost 
some men, inflicting losses in return. By a brilliantly-executed 
stratagem of a nature not unknown in ancient Maori warfare 
he established his reputation. He placed an ambuscade in a 
creek, and made his army feign a retreat so rapid as to look like 

He complains of the mutinous spirit amongst the Maoris, but excepts from 
censure Major Kepa, " probably the best iMaori officer in New Zealand," 
and Lieutenant Wirihana. He tells a singular tale of daring shown by 
Winiata. During the firing on the Pua pah, Winiata " suddenly rushed to 
the pah, and regardless of the fire of both friend and foe placed his hand 
on the palisading, shouting that the pah was his." That night the enemy 
pulled down some of their palisading under pretence of surrendering, and 
rushed out, firing a volley to disconcert the besiegers. In the morning, 
when the " native contingent were sent forward to attack," the pah was 
found abandoned to Winiata and his comrades. Another instance of 
Maori character is given by Mr. Gudgeon. Amongst the Wanganui men 
was a prophet Pitau, who, when the expedition started, prophesied : " You 
will succeed in all things, Wanganui ! only one man will die, and he 
will be Pitau." In the skirmishes Pitau risked his life as if desirous to 
prove the truth of his prediction. On leaving Opotiki a boat was swamped 
by the surf, and Pitau was drowned, while all his countrymen escaped by 
swimming. Mr. Gudgeon thought that Pitau preferred death to loss of 
" maim " as a prophet, and purposely sunk in the sea. 



316 NEW ZEALAND. 

flight. At the creek many of the fliers adroitly strengthened 
the ambuscade, and several of the pursuers fell, while the 
startled remainder fled in confusion. It was believed that 
unless McLean had supplied the needed fire-arms Ropata and 
his friends would have been murdered, or compelled to adhere 
to the new tenets which the majority of the tribe had embraced. 
At McLean's request, the Weld Government sent a force of 
Europeans to co-operate ; and in August, 1865, several pahs were 
taken, and many Hau Haus were slain. Learning from Henare 
Potae that the foe had mustered in force at Pukepapa, near 
Tokomaru, Ropata marched rapidly thither with 100 men, and 
captured the pah. Some prisoners were taken, and were spared ; 
but a local historian thus records the Maori rigour shown to 
others : " Among the prisoners were 11 of the Aowera, Ropata's 
own tribe, and he gave them a lesson in paternal rule that other 
chiefs might follow with benefit to their tribes." Calling them 
out, and saying that they were to die, he added, " ' I do not kill 
you because you have fought against me, but because I told you 
not to join the Hau Haus, and you disobeyed.' So saying, he shot 
them one by one with his revolver. This affair well finished, 
the two chiefs advanced upon another Hau Hau position." l This 
was in August. At Pukeinaire, in September, the Hau Haus 
were found to have fortified themselves on a hill. Two well- 
constructed pahs were connected by a covered way. Five 
hundred occupants were in them when Captains Biggs and 
Fraser with Ropata approached the position in cold and stormy 
weather. A sap was driven near the works, and a Maori, 
Tapeka, threw a strong rope (with a bar attached) over the 
palisading. A Hau Hau cut the rope. Another Maori, Watene, 
again threw the rope, by means of which Ropata hoped to make 
a breach by pulling down the palisading. A Hau Hau rushed 
forward to cut the rope again, but the prompt Watene shot him, 
and before the dangerous service could be performed by another, 
a considerable width of palisading was torn down, and the cap- 
ture of the pah seemed certain, the outworks at one point being 
in the hands of the assailants. But two Europeans were killed 

1 ' Reminiscences of the War in New Zealand,' by Lieutenant and 
Quarter-muster T. W. Gudgeon, Colonial Forces, New Zealand. London : 
1879. 



HUNGAHUNGATAROA. 3 J 7 

and two wounded ; while five of Ropata's men were wounded, 
and Fraser (become a Major) called off the forces. The weather 
was bitterly cold. One man died from exhaustion on the road ; 
and Ropata, who had entered the breach among the first, was so 
numbed as to be unable to put a percussion-cap on his gun to 
shoot an enemy who fired at him. Fraser reported that the 
" rain came down in torrents." The Maori ardour " was 
damped," and " our ammunition ran short, the baggage not hav- 
ing come up as ordered, and I was obliged to withdraw my 
force about 3 p.m." l The retirement from Pukemaire was not 
caused by any consideration for the lives of the defenders. On 
a previous occasion (2nd August), Major Fraser having captured 
a pah close to Waiapu, by a design propounded by Mokena 
Kohere, wrote : " The bayonet and rifle soon did their work, and 
the pah was ours. The enemy asked for no mercy, and evi- 
dently expected none. The killed in the pah amounted to 22. 
We took seven women prisoners." On this occasion the Hau Hau 
losses (in a few days) were reported as 87 killed, 33 wounded, 
and 47 prisoners, of whom 42 were wounded. Ten Europeans 
were wounded; of the Maori allies 15 were killed and 14 
wounded. Besides Mokena Kohere, the chiefs Kopu and Ihaka 
Whanga (who had received the thanks of the colonists by resisting 
to their teeth the Hau Hau missionaries) took part in the action. 
Fraser wrote : " The chief Mokena has given us every assistance 
in his power, and has uniformly shown us great kindness." 

Before the assault on Pukemaire could be renewed the enemy 
retreated towards Hungahungataroa near Kawakawa. Puke- 
maire was destroyed by the colonial forces. Biggs, with about 
30 volunteers of his own corps and military settlers, and 100 
Maoris under Ropata, followed the foe through the mountain 
forest. Fraser, with 60 Europeans, and the same number of 
Maoris under Mokena, journeyed by the coast, intending to effect 
a junction with Biggs. Before he could reach the rebel haunt 
he heard from a Maori woman that Biggs and Ropata had 
invested it, and that the Ngatiporou Hau Haus would probably 

1 Despatch, ' New Zealand Gazette,' 1865. Lieutenant Gudgeon does not 
record Eraser's published reasons, but says that when success seemed 
assured, " Major Fraser suddenly ordered the whole force to return to 
Waiapu, and the chance was lost'' (p. 86). 



318 NEW ZEALAND. 

surrender if their lives were assured. Fraser sent an order on 
the subject to Biggs. Meanwhile Ropata with the other branch 
of the forces led the advance-guard, crossing and recrossing the 
stream in a gorge which led to the rebel stronghold. On near- 
ing it Ropata's band, composed chiefly of his own trusty blood 
relations, found and shot an enemy in a plantation. Biggs and 
Ropata then reconnoitred the position. Perched on a hill with 
two precipitous sides the hunted Hau Haus seemed prepared to 
sell life dearly. Firing was commenced in the usual manner. 
It was determined that, while the main body occupied attention 
in front, Ropata and Biggs with chosen followers should scale 
the cliff in the rear. The unencumbered Maoris rapidly per- 
formed their part, 1 while the Europeans in impeding costume 
toiled behind, although Cornet Tuke led them gallantly. A 
point was reached from which a plunging fire was poured upon 
the besieged as they faced their foes in the front. A Hau Hau 
in a tree was fired at by Ropata's order, and he shouted, " Do 
not fire, lest you hit me." Ropata commanded him to come 
down. He was recognized as the powerful Pita Tamaturi. 
Biggs came up as Ropata seemed about to shoot him, and asked 
who he was. Ropata answered, " The man who has brought all 
this trouble on Ngatiporou, Pita Tamaturi, who brought the 
Hau Hau religion amongst us." Biggs shot the man. The 
place was no longer tenable, and in compliance with the 
message from Fraser, received at this juncture, Biggs offered 
safety to "all who were willing to give themselves and their 
arms up. After about an hour's negotiating the Ngatiporou in 
the pah consented to do so." 2 Ropata's influence persuaded 
them. They strove to hoist a white flag in token of submission, 
while their savage and desperate Taranaki comrades struggled 
to prevent them. Ropata called on his misguided Ngatiporou 
fellow-tribesmen to come out, hapu by hapu, and they came, 
surrendering their arms. The Taranaki fanatics, unable to 

1 "The Maoris, bootless and trouserless, went up the cliff with tolerable 
ease, but the Pukehas, encumbered by civilization, laboured behind " 
(Lieutenant Gudgeon's ' Keminiscences '). Fraser reported that the cliff was 
most precipitous, and that " great credit was due to Cornet Tuke and the 
men who followed him." 

2 Despatch from Biggs, llth October, 1865. ' New Zealand Government 
Gazette,' 1865, p. 346. 



BISHOP WILLIAMS REBUKES KEREOPA. 319 

arrest the surrender, and apprehending that their own fate 
would be less tolerable than that of Ropata's people, scorned to 
associate longer with the recreants who had broken through 
their palisading for purposes of surrender. Defiantly, though 
few in number, they burst through their ramparts in another 
direction, and dashed down the precipitous cliff, three of them 
being shot in the act. Before they fled one old man among 
them said : " If we remain here longer our bodies -will soon 
be the ashes of this pah." 1 Two of Ropata's men were killed 
in the siege, and 12 of the enemy. The captured Ngatiporou 
whom Ropata spared were 500 in number, three-fifths of them 
being women and children. Hungahungataroa was taken in 
October, and practically Hau Hauism was extinguished among 
the Ngatiporou. Ropata had established his reputation amongst 
his people as a general, dreadful in war, but not intemperate in 
peace. To the submissive he was forbearing, and they could 
dwell in safety. Leaving the runagates in scarceness, the 
colonial forces were diverted to Poverty Bay, whither Kereopa 
had proceeded after the murder of Volkner. The brave Bishop 
Williams was told by his Maori friends that they would seek 
out and expel the murderer or hand him over to the Govern- 
ment. He doubted their power to withstand unaided the 
prevailing tendency to the new cult, and in spite of their 
remonstrances accompanied them. They found Kereopa at a 
village where he had already seduced the inhabitants by his 
wiles, and where the Bishop's friends, before their pastor's eyes, 
yielded to the example of their countrymen. After friendly 
reception of them Kereopa offered his hand to the Bishop, who 
refused to take it. Being asked the reason, the Bishop replied : 
" Because I see blood dripping from your fingers." The 
murderer shrunk back " like a guilty thing : " but the Bishop 

1 Lieutenant Gudgeon (in his ' Reminiscences of the War in New 
Zealand') says of this man: "He was right in his judgment, for Biggs 
and Ropata fully intended to sacrifice them all ; but they, now fully alive 
to the fact, dashed out of the pah as desperate men will do, and sliding 
over the precipitous cliff, most of them escaped" (p. 88). The above 
narrative is drawn from Mr. Gudgeon's book, corrected or amplified by 
the various reports of the officers concerned. If this assertion of Gudgeon 
be true, Biggs did not intend to comply with the order to extend clemency 
which he acknowledged (in his despatch) that he had received. 



320 NEW ZEALAND. 

could not sway his own people, and returned sorrowfully home. 
It was reported that Kereopa afterwards suggested the murder 
of the Bishop, but the tribe would not allow such a crime to be 
committed. An old chief, Wi Haronga (who had been a 
catechist), with a faithful band mounted guard nightly to pro- 
tect his pastor. When the Bishop, powerless to prevent the 
moral contagion, left the district in displeasure, the same 
Haronga guarded his property. 

In November, 1865, there had been a large number of 
Hau Haus, or presumed enemies, gathered at Waerengaahika, a 
pah situated not far from the abandoned residence of the Bishop. 
Donald McLean called upon them to surrender their arms, 
threatening that in case of refusal the dreaded Ropata and 
Biggs and Fraser would, appear upon the scene. The Hau Hau 
chief Bararuhi Rukapo scorned the proffered terms. The 
forces arrived, and there was intermittent firing on both sides. 
On Sunday morning a large number of the rebels approached 
the English trenches with flags of truce. A volley was poured 
upon them. Some rushed back to their pah. Some fell to the 
ground and feigned death. More than 60 were left dead on the 
field. After a few days the pah was taken. In it were found 
63 dead Maoris and more than 70 wounded. 1 There had been 
screaming of women and children while the firing subdued the 
pah. One hundred and sixty stand of arms were captured- 
Whether needed for self-defence or war, such a loss was fatal to 
the losers in such a bloody time. Other small parties in the 
vicinity were attacked successfully, and many of the Hau Hau 
chiefs were killed. Major Fraser made a seizure which was to 
cost New Zealand dear. In the allied ranks was Te Kooti, who 
always asserted and of whom it was admitted that he had 
fought for the English at Waerengaahika. Fraser suspected 
that he had held communication with rebels. In a postscript 
to his despatch announcing the fall of Waerengaahika he 

1 An eye-witness recorded a daring act of Renata Tupara. After a 
skirmish in which some Hau Haus fell, three of Major Eraser's men, while 
reconnoitring, saw the bodies of Renata Tnpara and two others on the 
ground. Hearing a noise, after they passed the bodies, they looked round 
and saw him running away with two guns. He had risked his life to 
secure them, and feigned death as the Europeans passed. Although fired 
at, he escaped into the pah. 



TE KOOTI SEIZED ON SUSPICION. 321 

laconically said : l " I have made just now a prisoner of a native 
called Kooti on suspicion of being a spy." It was known that 
the captive had a relative among the enemy. He was not 
committed for trial; but having been thus arrested without 
warrant was shipped off to the Chatham Islands by Mr. 
Stafford's Government, without writ or authority of any kind ; 
and the wrong done to him was to be written a few years later 
in terrible characters of blood. No one seriously believed that he 
was guilty of treachery at Waerengaahika. Lieutenant Gudgeon 
in his ' Reminiscences ' of the war, says : " There does not appear 
to have been much truth in the charge, for the men whom he was 
accused of communicating with were a hundred miles off, never- 
theless he was shipped away without trial, and, as many persons 
assert, without cause except that he was a troublesome, daring 
man ... it is certain that all the after atrocities committed by 
him were dictated by a revengeful spirit against those who 
caused his deportation." The reported firing upon the flag of 
truce called for inquiry from the Ministry of the by no means 
scrupulous Mr. Stafford, who became Premier in October, 1865. 
In a despatch from Waerengaahika (21st November), describing 
the capture of the pah, Fraser had said that the rebels ap- 
proached in a large body with a flag of truce. " We, however, 
providentially did not pay any attention to their flag, as no flag 
of truce should be respected carried by such a large body of 
armed men, and I ordered them to be fired on before they could 
come up with us." Whether the Maoris at the last moment, 
seeing the force arrayed against them, desired to close with 
Donald McLean's proposals, or whether they were practising the 
deceit attributed to them by Fraser, there is not evidence to 
show. But Fraser and his comrades, when called upon (2nd 
December) to explain why he paid no attention to a flag of 
truce, defended themselves by statements which could only find 
credence on the supposition that his original report was untrue. 
They asserted that they did pay attention to the flag, and that 
the order to fire was not given until a small red cross in the 
corner showed that it was not a flag of truce. 2 Biggs wrote, 

1 N. Z. P. P. 1864 ; A. No. 6. 

2 Lieutenant Gudgeon, in his book on the war, without assigning reasons, 
gives a third version at variance with Fraser's earlier and later statements. 

VOL. II. Y 



322 NEW ZEALAND. 

that " even supposing it to have been a flag of truce, which it 
was not, after the treachery which the Hau Haus had been guilty 
of in wearing our badges, I consider that, accompanied as it was 
by such a large number of armed men, you would have been 
very much to blame had you allowed the fanatics to come any 
nearer our position without firing upon them." 

The Government spared no trouble in reducing the east coast 
to the peace of death. In January, 1866, Major Fraser 
accompanied the chiefs Kopu, Ihaka Whanga, Karauria, 
Ropata, Hotene, and Paura Paura, who led 520 men from the 
Upper Wairoa to Waikaremoana. Biggs advised that the 
force should march in two columns. Ropata contended that in 
such a rough country the difficulty of making a simultaneous 
attack with two forces marching by different roads made the 
plan of Biggs unwise. Ropata's counsel prevailed. The advance- 
guard encountered an ambuscade. Ropata scaled a hill and 
stormed the enemy's line-pits on the right; Ihaka Whanga 
though wounded in several places cheered his men in the gorge ; 
Kopu attacked rifle-pits on the enemy's left, and the Hau Haus 
were driven headlong, chased by a picked body fewer by far 
than the fliers. Fraser drew " particular attention to the 
bravery of Ihaka Whanga, and the skill with which Kopu and 
Ropata outflanked, routed, and followed up the enemy." The 
Hau Haus fled past Onepoto at the Waikaremoana lake, and 
that stronghold fell into possession of the conquerors. A 
council of war was held on the following day, at which the 
chiefs decided to shoot four prisoners, three for " having come 
from other places to fight the Government," a fourth for "having 
previously fought against it at Tauranga." Major Fraser reported 
the fact as if such a finding and immediate sentence called 
for no comment. Lieutenant Gudgeon in his ' Reminiscences ' 
avers, that one of the prisoners was a chief of high rank ; that 
Fraser told Ropata " the chief ought to be shot " ; that Ropata 
said, " Shoot him " : that Fraser did not act upon his own advice ; 
and that, " some hours after, finding Tamaionarangi still alive, 

Fraser mistook the character of the flags, and "called out to the men not to 
fire upon flasks of truce. Luckily Biggs was present ; he knew they were 
fighting flags, and before the mistake could lead to serious consequences, 
ordered the men to fire." 



SERVICES OF THE ARAWA. 323 

Ropata said : ' You all seem afraid to shoot this man, but I am 
not ' ; so saying ... he shot him." Thus was war conducted in 
the name of the Queen of England. No time was lost in 
confiscating nearly half a million of acres at Opotiki. A word 
must be said as to the reward which the Government gave to 
some of their Maori allies. The Arawa had ever been staunch. 
Had Mr. Weld remained in office their gallantry would perhaps 
have been more suitably acknowledged. It is painful to find 
Poihipi Tukeraingi and others petitioning for justice in 1866. 
" We paid no heed to the fact that it was the time of putting 
seed into the ground. We thought not of our wives and 
children, but only that the Pakehas were to be our parents. . . . 
We worked on till the work was ended. . . . Now we have given 
up those wicked men into your hands ; not one escaped from us ; 
neither did you give us any Pakehas to assist us. The only 
thing you did was to supply one half of the food, I myself 
finding the greater portion. Eighty days did we stand up to 
fight. We did not make a backward movement. The Native 
Minister came to Maketu. He expressed in words his recogni- 
tion of our services, but it occurs to our minds that thanks 
expressed in words only will not keep us alive. That Minister 
then pleaded that the Government was poor, and told us of a 
sum of 1500. We were much troubled because the amount 
was so small, and we wept for our wives and children. . . . Look 
also upon the fatigue we endured, and our having plunged into 
the midst of death in scorn of consequences. Suppose it had 
been Europeans instead of Maoris, would they have been satisfied 
with this pay, 2 5s. per man for three months ? . . . Look 
upon the money spent by us in this work as compared with the 
army which you landed at Opotiki, to capture Kereopa and 
Patara, and which did not accomplish its purpose. Look at the 
cost of that army. Was it not 40,000 ? To us simple-minded 
persons it appears that the Government is not poor, inasmuch as 
it can afford to throw money away upon work which fails in 
its objects." These allegations could not be contradicted. 
Returns showed that in 1864, 1865, and 1866, the Arawa had 
received about 3000 in rations, 250 as pensions to widows of 
those who had fallen in battle, and 2600 in money ; the last 
award being 1500, in May, 1866, against the insufficiency of 

Y 2 



324 NEW ZEALAND. 

which they remonstrated. The Native Minister who re- 
commended it was Colonel Russell. Mr. J. C. Richmond 
informed the committee to whom the petition was referred that 
the services of the tribe had been " emphatically acknowledged 
by the two last Ministers," and that though Colonel Russell 
gave no distinct promise, he "hinted" in May, 1866, at Maketu, 
that if the tribe would subscribe for schools and roads the 
Government might supplement their gifts by grants of like 
amount. The committee recommended the adoption of this 
suggestion, and their report was ordered to be printed for the 
use of members of the House. The sympathy of Mr. Stafford's 
Ministry went no farther, nor did any member suggest in either 
House that the Arawa should be fed by further words. The 
Legislators were busy at the time with a Customs Bill, Land 
Bills, a Superintendents' Deputy Bill ; and, as confiscation had 
not been sweeping enough, there were amendments required 
in the Native Reserves Act, although the Native Minister was 
told in April, 1866, that the session of 1865 had demonstrated 
the enormous facility with which the Maori reserves could by 
parliamentary manoeuvres be translated into English. The 
process must be described. 

The manner in which the General Government and the Otago- 
Provincial Government conspired to defraud the Maoris of their 
reserve at Prince's Street in Dunedin ; the aid afforded by Mr. 
Stafford in procuring the Governor's signature, and the obstinacy 
with which the crime was adhered to after exposure, are too 
significant to be passed over. The early purchases in the 
Middle Island (1844) from the natives by the Government, 
through the agency of Captain Symonds ; Mr. Kemp's deed of 
purchase of the Otago block ; and Mr. Mantell's subsequent 
employment as Commissioner for acquiring lands in the Middle 
Island, must be borne in mind. Between 1848 and 1856 Mr. 
Mantell acquired about 30,000,000 acres for about 5,000 plus 
certain promises, which were accepted by the Maoris on the 
strength of his word, and which the colonists with a few noble 
exceptions have deliberately and pertinaciously broken. In 
1852 he urged that a small reserve should be made for the con- 
venience of natives visiting Dunedin. Governor Grey consented, 
and what Mr. Mantell called " the only suitable piece of land 



MAORI RESERVE AT DUNEDIN. 325 

now vacant," was formally reserved by the Governor, 1 at the east 
side of Prince's Street in Dunedin. It contained three acres. 
Mr. Mantell was in London in 1856 before it was known that 
special danger impended over the reserve, but not before his 
indignation had been roused by the oft-repeated repudiation of 
promises made by himself and other representatives of the 
Government. Mr. Labouchere, the Secretary of State, refused to 
see him on the subject. The correspondence which ensued was 
lengthy. Mr. Labouchere rejected a suggestion to invite Mr. 
Justice Martin's aid with regard to the questions raised by Mr. 
Mantell ; who replied that by reference of them to the Governor, 
who " not incorrectly denned his position as that of a cypher, 
the Imperial Government practically repudiates the obligations 
which I had thought it in honour bound to fulfil. I have now 
only to hope that the General Assembly may take a more 
enlightened and humane view of the subject." On the 18th 
August, 1856, he told Mr. Labouchere : "As you have refused 
to entertain the claims of the Ngaitahu natives to those benefits 
which were promised to them on the cession of their lands to the 
Crown, and it is therefore very doubtful whether those claims 
will be satisfied, I cannot while such doubt exists continue to 
hold office in the Department." He cast away the offices he held, 
as he could " approve neither of the principles upon which the 
acquisition of native lands " was " conducted, nor of the policy 
of the Local Government toward the natives in either island." 
The correspondence was referred to Governor Browne ; and 
Donald McLean, then Native Secretary, furnished a commentary 
which can only be accounted for on the plea that his position 
rendered necessary a proficiency in those arts of Sir Pertinax 
MacSycophant which did not commend themselves to Mr. 
Mantell. The Governor had, in the opinion of McLean, done 
much at " great personal inconvenience ; " " with the exception 
of the education of the young, for which purpose there are no 
funds at your Excellency's disposal, I do not perceive that any 
neglect has been evinced towards the natives referred to by Mr. 

1 Letter from Colonial Secretary Domett to Mr. Mantell, 6th June, 1853' 
Most of the facts will be found in the ' Compendium of Official Documents 
relative to Native Affairs in the South (or Middle) Island.' compiled by 
Alexander Mackay, Native Commissioner. Wellington : 1873. 



326 NEW ZEALAND. 

Mantell." After this reference to the position of Mr. Mantell, 
whose voice will be heard again with regard to the native 
reserve at Dunedin, the proceedings there may now be narrated. 
After the ominous act of Governor Browne at Waitara, in 1859, 
we find two of his advisers, Stafford and Richmond, at Dunedin, 
arranging preliminaries with the Superintendent of Otago, Cap- 
tain Cargill. The Governor was with them. The way had 
been paved for them by a convenient report from a Commis- 
sioner of Crown Lands, who suggested that the previous Governor 
exceeded his powers in making the reserve. The Provincial 
Government had already encroached on the reserve by forming 
immigration barracks. But it was deemed convenient to re- 
move to another site the attention of any natives who could 
claim the use of their reserve when visiting Dunedin. Cargill 
allowed accommodation to be made for them on land held in 
trust as a site for public buildings. When sufficient time was 
supposed to have elapsed a new Superintendent, Major J. L. C. 
Richardson, took another step. The discovery of gold-fields gave 
sudden value to commercial sites. Authority was obtained for 
a Commissioner of Crown Lands, the convenient Cutten, to let 
reserves, and in February, 1862, a portion of the coveted plot 
was let in sixteen allotments for one year for an aggregate sum 
of 2136 12s. 9d. The deposit money was placed by Cutten 
" under a separate head from other Crown revenue, to await 
instructions for its disposal." That such a sum should go 
towards fulfilment of pledges made to Maoris was repellent 
to Cutten as well as to the Otago Provincial Council. In 
November, 1862, Cutten asked for leave to pay on demand of 
the Town Board the cost of making a footpath (604 12s. Id.). 
Precise as to the amount, he gave no hint that the reserve had 
been even claimed on behalf of the natives. The authorities in 
Wellington "suspecting" it to be "a native reserve," instructed 
him to give further information and in the " mean time to refuse 
payment of the rate." After a month he furnished a report, 
admitting that Mr. Mantell had recommended the reserve, but 
concealing the fact that the Governor had complied with the 
recommendation, and urging that the rate should be paid. In 
July, 1863, the Treasurer (in Domett's Ministry) authorized 
the payment. The accumulating animal rents amounted to 



MAORI RESERVE AT DUNEDIN. 327 

about 6000 in 1864, and under the administration of Whitaker 
and Fox the Otago Provincial Government thought they could 
depend upon support in an attempt to impeach the validity 
of Sir G. Grey's reservation for the natives. Mr. Harris, 
Superintendent of the province, plied Mr. F. Dillon Bell with 
arguments which were conveyed to Mr. Fox. Mr. H. T. Clarke, 
the resident magistrate at Invercargill, was authorized "to go 
into the matter with the Provincial Government and Mr. 
Cutten, and to report." He forthwith visited Dunedin and 
waited upon Harris and Cutten, but " could not obtain any posi- 
tive information on the subject." They had no desire for an 
honest inquiry. " To draw from the provincial authorities the 
point at issue," he wrote a letter, asking for their statement and 
any documentary evidence in support of it, and " promised to 
call for an answer in six weeks. I did so, but no answer was 
ready, nor have I since received any reply." Mr. Clarke, for 
whom one feels instinctive respect because conspirators shrunk 
from him, examined the original (Kemp's) deed of 1848, and 
found these words duly attested in English and Maori by English 
officers (R. A. Oiliver, Commander H.M.S. 'Fly' being one) : 
" Our places of residence and our cultivations are to be reserved 
for us and our children after us, and it shall be for the Governor 
hereafter to set apart some portion for us when the land is sur- 
veyed by the surveyors." " This, I presume (he wrote to Mr. Fox 
24th October, 1864), apart from any other power which the Gov- 
ernor may possess, should set the question at rest." Mr. Clarke 
was to learn the melancholy difference between what should 
have been, and what was, the conduct of affairs in New Zealand. 
The Whitaker-Fox Ministry left office in November, 1864, 
and there was a prospect that Mr. Mantell, as Native Minister, 
might stay the injustice on which the Otago authorities were 
bent. He brought the subject under the notice of Sewell, the 
Attorney-General. It appeared that it was not until Sir George 
Grey had left the colony that doubts were suggested as to his 
power to make the reserve. Mr. Weld, in March, 1865, thought 
the matter ought to be dealt with, and the Otago Superin- 
tendent (Harris), fearful lest justice should be done, intervened 
with a plea that the reseive, if made at all, was made without 
" the sanction of the local authorities at Dunedin." He averred 



328 NEW ZEALAND. 

that he was instituting a search " to discover some documentary 
evidence" such as Mr. Clarke had asked for in 1864. It is 
difficult to believe that he thought he was telling the truth 
when he wrote that he was not " fortunate enough to see Mr. 
Clarke" on his second visit, that he could discover no letter 
from him in the office, and that he " concluded that Mr. Clarke 
was satisfied that the objections verbally urged by (Harris) were 
sufficient to deter the Government from taking further steps " 
for (what Harris called) " alienation of the public reserve in 
question." Major Richardson (Postmaster-General in Weld's 
Ministry), was at Dunedin at the time. He was a representative 
of the district, and Harris was warned by him that as the 
" Government had arrived at the conclusion that no claim exists 
on the part of the Provincial Government," it was evident " that 
not a mail should be lost in making known " to Mr. Weld any 
claim to be made. Thus stirred, and hearing with agony that 
the Commissioner of Crown Lands, Cutten, had been ordered to 
pay to the Sub-Treasurer of the General Government the rents 
in hand (6031 18s. Sd.), Harris formulated his claim. Its 
spurious nature may be gathered from the fact that he founded 
it partly on intentions implied in letters written by officers of 
the New Zealand Company in 1847 ; i.e. before the natives had 
sold the Otago block to Mr. Kemp. The Provincial Council 
supported him by a report which was equally irrelevant Some 
of the original settlers would, they said, have insisted in 1848 
on selecting the "very spot" if they had not trusted that it 
would be used for " public purposes." l Mr. Richardson in June 
did battle for his covetous constituents. He regretted (June, 
1865) that Mr. Mantell had, in the memorandum put before 
Sewell, recorded that in 1861 it had been urged that the reserves 
at Port Chalmers and Dunedin were " too valuable for the natives." 
Such grounds would be " evidently most unfair." He did not 
know whether there was " any documentary evi< ience to show 
that such a plea was ever seriously urged." Richardson only 
desired " a fair hearing " for the province. Mr. Mantell drew 

1 The pliant Cntten, in his report of 1858, burlesqued the settlers' claims. 
He insinuated that they were anterior to those of the Maoris. The Governor 
could not (he thought) reserve land for natives which had " been already 
set apart '' by the Otago Association 1 1 ! 



MAORI RESERVE AT DUNEDIN. 329 

up a minute on the case. No unbiassed mind could fail to 
agree with it. The absurdity of impugning the Governor's power 
to make the reserve was brought into bold relief by proof that 
at the date of the reserve both the Otago Association and the 
New Zealand Company were defunct, and on the Crown had 
devolved any control which might previously have been vested 
in them. Mr. Mantell relieved Richardson's mind by admitting 
that he knew of no documentary evidence of the plea that the 
land was " too valuable for the natives." But Richardson had 
urged it to Mantell in a conference, though Cutten " immedi- 
ately protested against it. For me, my surprise at such an 
argument from such a source deprived me for the moment of 
the power of replying. While I willingly acquit my honourable 
colleague of having the least desire now to advance such a plea, 
I cannot believe with him that it is one which would find 
no advocates in Dunedin, or indeed any other town in New 
Zealand." The Attorney-General gave his opinion on the 29th 
June. It was clear. The land had been duly reserved for the 
natives, and there was no " ground upon which either the Pro- 
vincial Government of Otago, or any municipal body " in Dunedin, 
or any private individual, could impugn the reserve. The rights 
of the New Zealand Company had devolved on the Crown by 
surrender of their charter in 185.). "The right of the General 
Assembly had not come into existence under the Constitution 
Act" when the Governor, armed with all the "rights and powers 
vested in the Crown or the company, amongst others the power 
of setting apart reserves," exercised them in making the reserve 
at Prince's Street. The company had done nothing to bind 
even its own discretion as to the land when the charter was 
surrendered ; the province of Otago was not even in existence 
when the reserve was made, the validity of which " cannot now 
be impugned " on behalf of the province, the dead Otago 
Association, any " aggregate body of settlers, or any individual 
purchaser." Mr. Se well "under-rated the rapacity of the men of 
Otago. The land was indeed, in the eyes of Richardson and his 
accomplices, " too valuable for the natives." Governor Browne's 
verdict that, recte aut quolUtet modo, some colonists would seize 
on Maori lands was to be glaringly exemplified. The Otago 
Provincial Council requested that no Crown grant might be 



330 NEW ZEALAND. 

issued till they had " had an opportunity of appealing to the 
House of Representatives." The Assembly met on the 26th July. 
On the 1st August a Select Commitee was appointed. Mr. Rey- 
nolds from Otago was chairman. Mr. Stafford was a member. 
On the 25th August, 1865, they reported that "after careful 
consideration " as to the equity of the case, they had " arrived 
at the conclusion that the land was wrongfully set aside for 
the use of the natives," and that a Crown grant ought to be 
" issued in favour of the municipality of Dunedin." The report 
was unanimously adopted in the committee, but a like disgrace 
did not befall the House. Mr. Mantell moved that as the land 
was claimed as a native reserve the claim should be decided 
upon by the Supreme Court, and the Government should facili- 
tate the trial. Such a dispute submitted to such an assembly 
could find but one solution. Mr. Mantell was defeated by 29 
votes against 17. With bitter irony Mr. Mantell (1866) wrote 
that, though he was willing to believe the proceedings perfectly 
parliamentary, it forewarned all who took an interest in Maori 
rights that "the time might not be far distant when by pre- 
cisely similar and equally parliamentary action there may remain 
in the whole Middle Island, and in any part of the Northern 
Island in which our perceptions of justice are not strengthened 
by our fears, not one acre of Maori land or Maori reserve which 
shall not have been appropriated to provincial uses." 

Justice may halt, but it is grateful to reflect that she was not 
without a witness to denounce at the time the flagrant contempt 
for right which a majority of the House was so ready to display. 
Mr. Weld deserves perhaps peculiar honour. He was warned 
that if he would not sanction robbery, he would lose certain 
supporters. The ignoble threat was despised. Those who made 
it were more firm in falsehood than they had been in faith, and 
Mr. Vogel was able as an ardent advocate of provincialism to 
move a resolution about the appropriation of a Stamp Tax which 
caused the deserted Weld to resign. By retributive justice upon 
the deserters, the advocates of provincial privileges were in their 
turn abandoned by Vogel. Mr. Weld retired, and Stafford 
became Premier on the 16th October. The parliamentary session 
ended a fortnight afterwards, and the way was clear for the 
Dunedin intriguers. Stafford, who had supported them openly 



MAORI RESERVE AT DUNEDIN. 331 

would not withhold secret aid. The pliant Commissioner of 
Crown Lands applied on the 4th November for a grant of the 
reserve to the Superintendent of Otago. He was careful not to 
describe it. He said it was needed for " public utility." The 
schedule containing it mentioned it as " a piece of land situate 
in Prince's Street, Dunedin." The description of another grant, 
applied for in the same schedule, specified the number of the 
block and of each section thereof, with the purpose in view a 
" public hospital." Mr. Stafford, who knew the ground well, and 
had with Mr. Richmond examined it in 1859, affected not to 
observe that the application related to the reserve reported on 
by the Seiect Committee on which he had served. He suggested 
(21st November) to the Superintendent of Otago, Thomas Dick, 
that "the object of the trust" should be more particularly 
specified. Dick, with equal affectation, requested that the land 
should be granted " as a reserve for wharves and quays." But 
the plot was to be effected by stratagem. It might be that Sir 
George Grey would have qualms of conscience if proved to have 
knowingly signed the grant against the issue of which Mantell, 
Fitzgerald, Weld, Sewell, and Fitzherbert had openly protested. 
It was made to appear that the grant was inadvertently signed 
by the Governor on the llth January, I860. As the circum- 
stances were investigated by the Native Affairs Committee in 
1877 on the petition of Taiaroa, a Maori representative, two 
witnesses Sir George Grey and Mr. Stafford are perhaps en- 
titled to explain in their own words the part they took in issuing 
the grant. Both attributed the culmination of the long conspiracy 
to inadvertence. Sir George Grey said : " Discussions had taken 
place between myself and law officers, and I had resolved that 
I ought not to sign the grant until the matter had been further 
discussed. A number of grants were presented ... I believed 
that one of them . . . was the grant for this land, but I could 
not positively identify it. (The vagueness of the schedule will 
be remembered) ; and as the Colonial Secretary (Stafford), who 
presented the grants to me, was perfectly satisfied that it was 
not the grant for this reserve, I signed it. Subsequently it 
turned out that the grant had been signed. It was done under 
a mistake ... It was discovered the same day that the grant 
had been signed improperly, and the Government tried to recover 



332 NEW ZEALAND. 

possession of the grant, but it was found that the grant had been 
sent off that day in a vessel going to Otago, and in that way the 
land passed . . . Mr. Stafford found out that the mistake arose 
from the negligence of a clerk in the Crown Lands Office. . . . 
Mr. Domett, then Commissioner of Crown Lands, whom I sent 
for, told me how the error had occurred." Mr. Stafford testified : 
" As far as I can recollect, I think it probable that neither the 
Governor nor myself were aware when that particular grant was 
signed. . . I think it is very probable that this grant may have 
come up inadvertently with a number of others, and in the same 
way may have been sent on by me to the Governor for his signa- 
ture. I have used the word ' inadvertently ' because I have some 
recollection I will not be quite positive l about it that I had 
given a special instruction that that grant should not be sent on 
for signature without my attention being called to the fact. . . . 
I believe, although I will not be absolutely positive at this length 
of time, that I gave (such) instructions. ... I have been 
informed that Sir George Grey, who was then Governor, has 
stated that he put some questions to me with regard to this 
grant. I have no recollection (that he) ever put questions to me 
about any grant whatever at any time. But if Sir George Grey 
says he is perfectly certain he did put such questions to me, I am 
not at this length of time prepared to say that he did not, but 
I have certainly no recollection of (his) having at any time 
questioned me as to a grant, and I think if such an occurrence 
had taken place I should have recollected it. . . ." 

The doctrine of probabilities coined by Mr. Stafford in 1877 
needs not the wit of Pascal to expose it. The Governor had 
written in 1867 that "his responsible advisers" advised him to 
sign the Crown grant. Mr. Stafford might perhaps refuse to 
accept the Governor's evidence. But his own words convict him. 
If he had been honest, in the first instance, he would have 
ordered, not that the " grant should not be sent on for signature 
without (his) attention being called to the fact," but that it 
should not be sent at all, or even be prepared. If he and his 
colleagues had been honest, their first step after what they chose 

1 Positive assertion on this* point would have somewhat jarred with the 
recollection of Stafford's connivance in supporting the grant in the House 
shortly before he presented it for signature. 



MAORI RESERVE AT DUNEDIN. 333 

to call " inadvertence," would have been to assist the Governor 
in the immediate revocation of the grant. The Governor himself 
did not display the vigour shown by Sir W. Denison in Sydney 
when his Minister declined to put the seal to a grant of which 
the issue was demanded by law. Sir W. Denison said that if 
his adviser would not affix the seal he (Sir W. Denison) would 
do so ; and acted accordingly. It satisfied the New Zealand 
authorities to commit a wrong, to attribute it to the blunder of 
a clerk, 1 and to make no attempt to redress it. The conspirators 
at Otago affected no concealment, and made no excuses. Their 
next step was calculated to undeceive any one who professed to 
have been misled before. On the 29th January, the Dunedin 
town-clerk applied for "certain moneys in the hands of the 
General Government on the account of the reserve lately known 
as the Maori Reserve, Prince's Street, South Dunedin." There 
was no unwillingness to define the land as the Maori reserve 
after it had been purloined. Mr. Stafford did not protest that 
the grant had been inadvertently made, but thought there was 
" no power to transfer " the accrued rents, and would introduce a 
Bill in the " next session for determining doubts as to the appro- 
priation of the land and the funds arising out of it." A general 
election was held in March, and Cargill, Macandrew, Dick, 
Reynolds, and Richardson, were again returned, and Stafford 
was loth to offend them. Richardson became his colleague 
in August, 1866. The chief Taiaroa, hearing of the fraudulent 
grant, wrote (5th August) to the Governor : " It was wrong to 

1 As these pretences may appear incredible in England unless vouched 
by a responsible Minister, it may be well to quote what Mr. J. C. Rich- 
mond (a colleague of Stafford) wrote in October, 1867 : "The Government 
proposed an amicable suit. . . The Provincial Council never acquiesced. . . 
Mr. Stafford was advised that to bring the matter into Court a grant must 
issue to one party or the other, and had intended to recommend a grant, 
but in the mean time, inadvertently as regards his Excellency and the 
Colonial Secretary, a grant which had been prepared on the authority of 
the resolution of the House of Representatives was presented for signature 
and issued." Mr. Richmond exempts others from the excuse he pleads for 
Stafford. Moreover, though Stafford's offer to try the matter before the 
Court was made nine mouths after he had issued the grant, Richmond's 
memorandum implies that the offer preceded the grant. Shortly after 
these transactions the Governor told the Secretary of State that the debates, 
legislation, and Acts of the Assembly would be " admitted to be creditable 
to their humanity." If so it was of low type. 



334 NEW ZEALAND. 

take away our land without cause." After long delay Mr. 
Stafford (16th October) told the Superintendent of Otago that 
the Government were "of opinion that the question of the 
validity of the grant should be submitted to a proper judicial 
tribunal." He proposed to bring the matter before the Supreme 
Court by Writ of Intrusion. Mr. Dick replied : " I decline to 
try the validity of the Crown giant by the course proposed, on 
the ground that the Provincial Government cannot recognize any 
Maori right or title to the reserve in question, which point, it 
it was understood, had already been definitely decided by the 
General Assembly." 

In 1866 Stafford introduced a Bill "to declare the Superin- 
tendent of Otago entitled to receive" the rents held by the 
Government. The Lower House passed it without amendment. 
In the Upper House it was " ordered to be read a second time 
that day six months." The foiled conspirators renewed their 
efforts in 1867. The Parliament had no sooner assembled in 
July, than Harris, Reynolds, Vogel, and Macandrew (Superin- 
tendent of Otago as well as a representative), with twelve other 
legislators, in a formal document urged Stafford to pay immedi- 
ately without aid of law the coveted rents. They made no 
reference to the rejected Bill of 1866, but pleaded that great 
injustice would be done to the Dunedin municipality if the 
accrued rents which it had calculated upon should be retained 
for the defrauded Maoris. The elastic Stafford consented " that 
the payment requested should be made," and would " consider 
in what manner this can be legally effected." It was found that, 
as the reserve was vested in the Superintendent of the province, 
he (Macandrew) "only, and not the Corporation of Dunedin, 
could be recognized as the recipient of the rents." Stafford 
was advised that, as proceedings were threatened in order to 
obtain " a declaration of the invalidity and cancellation of the 
Crown grant," he would not be justified in handing over the 
accrued rents without an undertaking on behalf of the province, 
that in the event of the grant being declared invalid in a court 
or by the legislature, or in the event of the /right of other persons 
to the rents being established, "the moneys paid over will be 
refunded to the Colonial Treasurer." On receipt of such an 
undertaking Stafford would part with the money. Macandrew, 



MAORI RESERVE AT DUNEDIX. 335 

on the 25th July, refused to contract such an obligation ; and on 
the 30th, Mr. F. Dillon Bell placed his services at the disposal 
of the conspirators, and introduced a similar Bill to that of 1866. 
Meanwhile the rightful owners were not silent. John Topi 
Patuki, on his "own behalf, and that of the Ngaitahu and 
Ngatiinamoe tribes," prayed the Governor (15th July, 1867) to 
permit and enable them to ascertain before the Courts " whether 
or not a remedy can be found for a great wrong and infringement 
of our rights which we conceive to have been committed." They 
had received no warning of an intention to take away the 
reserve ; they believed the grant to the Superintendent " illegal 
and void," the land having been reserved for the tribes, and 
Patuki prayed for leave to institute proceedings by scire facias, 
in the name of the Crown or otherwise, for obtaining the repeal 
of the grant. His solicitor was informed on the 18th July that 
the Governor would allow the "use of the name of the Crown" 
in the proceedings, but expressed no opinion as to the validity 
of the grant. It is almost needless to say that the upright 
Mantell was consulted. On the 25th July, Mr. J. C. Richmond, 
"understanding that he had consented to assist the natives," 
informed him that a sum not exceeding 200 would be at their 
disposal in prosecuting the suit. On being applied to, the 
Attorney-General (Prendergast) returned the writ with the 
endorsement (6th August), " upon the usual bond for 500, let 
the writ issue." Mr. Mantell wrote (7th August) to Mr. J. C. 
Richmond, that, as the Government held the accrued rents, 
exceeding 6000, he had no hesitation in asking him to indicate 
how the Attorney-General's demand was to be acceded to. On 
the 19th August, Richmond informed Mantell that the "Govern- 
ment having at or near the time of my promise (of pecuniary 
aid), entered into an arrangement altogether inconsistent there- 
with, have considered it proper to withdraw the guarantee in 
question," admitting at the same time responsibility for costs 
incurred to date. The " arrangement " proved to be Stafford's 
obedience to pressure. He agreed to pay the accrued rents to 
Macandrew without prejudice to any rights of the natives. The 
motive of the arrangement was to ensure that no part of the 
rents should be available for the Maoris. They were to be 
defrauded of the income as they had been defrauded of the 



336 NEW ZEALAND. 

estate. On the day on which Richmond revoked his promise, 
Mantell sent to the Governor a petition from Patuki to the 
Queen. It referred to the honourable engagements entered into 
by Her Majesty in the treaty of Waitangi, and prayed that any 
Bill, deciding by legislation questions which ought to be tried 
judicially, might be disallowed. When the Maoris parted with 
their lands, they were not " accustomed to scrutinize narrowly 
deeds" submitted to them for signature, but were "ready to 
regard as equally sacred and binding" assurances made to them 
in Her Majesty's name by one of her officers. The petition set 
out the facts of the case, and the objections to the Bill then 
before the New Zealand Parliament, wherein the Maoris were 
unrepresented. Similar petitions were laid before both Houses 
of the Assembly. Mr. Mantell was justly indignant. Misled by 
Richmond's recanted promise he had incurred expenses. Patuki 
had journeyed to the south, and had tendered the bond for 500 
demanded by the Attorney-General. " Whether " (Mr. Mantell 
bitterly said) " that unfortunate chief can withdraw this guarantee 
with the facility which you appear to believe attends a similar 
but far less justifiable act on the part of the Government, the 
Attorney-General can inform you. ... In this dilemma the 
Government proposes now to assume a position of absolute 
passiveness, withholding from suitors of its own creation enough 
of their own money to pay their expenses. ... Of the choice thus 
made by the Government there is, I fear, but one opinion open 
to any man who cares for the reputation of the colony and his 
own honour." Richmond, 26th August, replied that Mantell' s 
injurious remarks would require notice when " a more temperate 
view " could be taken, and that the Bill before Parliament had 
been amended so as to make it clear that it did not confirm the 
Crown grant or prejudice suitors. Expenses authorized by Mr. 
Mantell before Richmond revoked his promise would be paid. 
The Bill brought in by Mr. F. Dillon Bell, on the 30th July, 
" declared that the Superintendent of the province of Otago, and 
his successors, are entitled to the said sum of 6031 18s. 9d." 

On the 6th August, on Mr. Bell's motion, his Bill was laid 
aside, because "the Government had taken the matter up." 
On the 7th, Stafford introduced a similar Bill, but said that it 
had no other object than to enable the Treasurer to pay certain 



MAORI RESERVE AT DUNEDIN. 337 

moneys to Macandrew, in trust for certain purposes. On the 
23rd August, the Petitions Committee recommended (on Patuki's 
petition) that a clause should be inserted in the Bill to the 
effect that nothing contained in it should " prejudice the claim 
and title of the petitioner and his tribe." On the same day 
Stafford agreed to omit from his Bill the words, " it is hereby 
declared that the Superintendent of the province of Otago and 
his successors are entitled to the said sum of 6031 18s. 9d." 
It was trusted that if Macandrew could lay hands on the money, 
the Maoris would never recover it. The Bill was read a third 
time on the 10th September, and sent on the 12th to the 
Council, in which Mr. Mantell had a seat. There would seem 
to be an atmosphere in an Upper House which renders it more 
trustworthy when honour is involved than the more eager and 
unscrupulous Chamber, chosen, not so much because the general 
characters of its members command respect, as because at the 
period of election they profess concurrence with the clamour of 
the hour. Drawn from the same elements as the representatives, 
but by a different process, the Council dealt differently with 
Patuki's petition that the Bill might not be passed, but " that 
the whole question be dealt with by a judicial tribunal." The 
petition was referred to the Committee on Public Petitions. On 
the day on which the Bill reached the Council the Committee 
reported on the petition, that, " inasmuch as the question referred 
to them . . . appears to be one which can only be equitably and 
satisfactorily decided by the Supreme Court, in which it is shown 
that an action relating to it is already pending, the prayer of the 
petitioner be acceded to, and that no measure in any way affect- 
ing the question should be entertained until such decision has 
been given." The Council read the Bill a first time on the 
12th September, but on the 17th, on the motion of Mr. 
Menzies, adopted without a division the report of the Com- 
mittee on Patuki's petition. The Bill lapsed. But while 
the Houses were still in session, Stafford (24th September) 
audaciously paid the accrued rents to Macandrew, who, to secure 
them, consented on the 12th September to give the guarantee 
which he had previously refused. So hurriedly was the misap- 
propriation effected, that in the next session a Select Committee 
of the Lower House reported that it was irregular, and that under 

VOL. II. Z 



338 NEW ZEALAND. 

all the circumstances, " special reference being had to the loss 
of the Bill which was introduced for the purpose of authorizing 
the payment, the money ought not to have been paid." 

The later arts practised by New Zealand public men in 
consummating the fraud by which the Maoris were robbed of 
their reserve at Dunedin, concern the time when the scire 
facias writ was issued and argued, and an appeal to the Privy 
Council was made. Maori members had then taken their seats 
in the Assembly, and Taiaroa, who represented the southern 
Maori district, exercised some influence, though be could not 
altogether thwart the designs of Macandrew and his abettors. 
Some minor portions of the conspiracy which Stafford's Govern- 
ment aided in 1867 may be briefly alluded to. While appre- 
hensive that the loss of the Bill of 1867 might prevent his 
acquisition of the accrued rents, Macandrew trafficked with the 
Government to induce the Maoris through their solicitor to 
accept another piece of land instead of their own, and promised 
to spend 1000 in enclosing and building on it a hostelry. 

The Ministry kept back Patuki's petition (of 17th August) to 
the Queen until October, when they had paid the rents to 
Macandrew. Sir George Grey sent it on the 8th October, with 
an explanation from Mr. J. C. Richmond, who said it had " been 
held back in the hope that an arrangement of an equitable kind 
might be effected by the two claimants the province and the 
Ngaitahu tribe." Mr. Richmond said that the fraudulent grant 
to the province was "inadvertently as regarded his Excellency 
and the Colonial Secretary presented for signature and issued." 
The Governor told the Secretary of State that his " responsible 
advisers inadvertently advised" the signing, which he did "in 
ignorance of what (he) was doing." 1 Another meanness was 
perpetrated. A memorandum written by Mr. J. C. Richmond 
on the 26th October, 1867, informs us that "his Excellency 
stated that he thought the expenses of a suit for testing the 
validity of the grant should be borne out of the accrued rents of 
the reserve. That fund is no longer in the Treasury." But 

1 The Governor added that he had "sincerely desired that the case 
should have been compromised in a generous spirit towards the natives in 
the Middle Island, who parted with large tracts of land to this Government 
for an almost nominal consideration." 



MAORI RESERVE AT DUNEDIN. 339 

the Ministers would not object to his Excellency's taking money 
for the suit from "other rents of native reserves;" and the 
Governor accordingly directed the payment of 400 to be ad- 
vanced out of "moneys arising from native reserves" in which 
the Ngaitahu tribe was interested. Thus the tribe were first 
robbed of their reserve and mulcted of other property in their 
effort to obtain justice. It was ordered in the Executive 
Council that the moneys advanced should "be repaid with 
interest thereon as shall be hereafter directed." 

The reader may desire to know what was the response of the 
Secretary of State to the petition of Patuki. The Duke of 
Buckingham (21st December, 1867) informed Governor Bowen 
that it had " been laid before the Queen, but I have been un- 
able to advise Her Majesty to take any steps in relation to it. 
I observe, however, that the Bill to which he refers, and which 
appears to have been intended to legalize the provisional use by 
the Otago Government of 6000, is alleged to have been with- 
drawn." If the Duke had observed the larger questions at 
stake he kept silence about them. As far as he was concerned 
the Queen's honour and the guaranteed rights of the Maoris 
were remitted to the mercy of Macandrew. How it would be 
exercised may be inferred from the fact that on one occasion 
Macandrew being arrested for private debt while Superintend- 
ent of the province, used his power as such Superintendent to 
issue a proclamation, and declared his own house a gaol in order 
to defeat the law. The only safeguard to which the Maoris 
could look was the dread by their conspiring enemies of ex- 
posure by the keen and capable Mantell. But past experience 
had bitterly shown how difficult it was to wring from public 
men in New Zealand any justice to Maoris, or to extort respect 
for the plighted word of the Queen. 

In the year following that in which Mr. J. C. Richmond 
wrote that the " Ministers would not object " to the Governor's 
abstraction of Maori money to enable the surreptitious grant to 
Macandrew to be tested, a Native Lands Court was held in the 
Middle Island, and a glance at its proceedings is needful. It 
sat at Canterbury during that portion of Mr. Stafford's adminis- 
tration which followed the junction of Mr. Hall with his old 

opponent. Mr. Hall asked Mr. Mantell to attend as a witness, 

z 2 



340 NEW ZEALAND. 

and he did so. In delivering judgment on one (the Rapaki) 
case submitted to them, the Court said it " could not fail to be 
struck with the remarkable reservation (in the Ngaitahu deed) 
by the vendors of all their 'pahs, residences, cultivations, and 
burial-places, which were to be marked off by surveys, and 
remain their own property.' This provision has not, according 
to the evidence, been effectually and finally carried out to the 
present day, nor has any release been sought for by the Crown. 
. . . The Court feels very strongly that it would be greatly to 
the honour and advantage of the Crown that the stipulations 
and reservations of these deeds of purchase should without 
further delay be perfectly observed and provided for." One 
claim (Kaitorete) comprised a strip of land (between Lake 
Ellesmere and the sea at Bank's Peninsula) of from 12,000 to 
15,000 acres, and the power of the Government was brought 
to bear against the claimants, Heremaia Mautai and his friends. 
Mr. Rolleston, under the style of Crown Agent, acted for the 
Government, and had subordinate aid. Mr. Hall was present to 
assist if higher power should be needed. The Chief Judge 
Fenton sat with a Maori assessor, Pukuatua, an Arawa chief. 
On the 28th April, 1868, Mr. Hall intervened ; and after dis- 
cussion between himself and counsel on both sides the case was 
adjourned, "in order to see whether any arrangement could be 
made in the matter," l between the Government and the natives. 
No agreement was arrived at, and to coerce Mr. Cowlishaw the 
Maori counsel, Mr. Hall signed an "order of reference" of a 
singular character under the Native Lands Acts 1865 and 1867. 
The 83rd section of the Act of 1865 enacted that with regard 
to agreements past or future made between Maoris and officers 
treating for cession of lands, the Governor might refer the agree- 
ments to the Court for determination, but it excluded until the 
31st December, 1866, any outstanding agreement, "unless the 
Governor shall otherwise direct." The Act of 1867 prolonged 
the exclusion until the 31st December, 1868. Many months 
would elapse before that exclusion would cease to operate, and 
the Governor was not present to " direct otherwise." But few 

1 'Compendium of Official Documents relative to Native Affairs in 
the South Island.' Alexander Mackay, Native Commissioner. Vol. ii. 
Nolson: 1872. 



NGAITAHU DEED EEFERENCE ORDER. 341 

New Zealand statesmen regarded the law when Maori interests 
were at stake. Mr. Hall, on the night of the 28th April, signed 
an order referring the agreement of 1848, and wrote that he did 
so "by command." Mr. Cowlishaw objected that the Govern- 
ment could not thus interfere when the case seemed unfavour- 
able to them. Mr. Williams for the Crown resented such an 
imputation, but confessed that "after hearing Mr. Mantell's 
evidence and that of the natives, the Crown were willing to 
admit that the reserves intended to be made under the incom- 
plete Ngaitahu deed had never been carried out. . . . When 
it was found that the natives had a claim to more land than was 
reserved for them the Crown wished to refer it to the Court, 
to say what quantity of land should be reserved in addition' 
and declare that the Ngaitahu deed should be completed by 
a release from the natives." The Judge over-ruled Mr. Cow- 
lishaw's objection to the arbitrary stoppage of a case in course 
of trial. Mr. Fenton admitted that the Governor's "powers 
were of a very wonderful kind," but the power " to make a case 
an order of reference was trifling as compared to that given by 
other clauses of the Act." Cowlishaw urged that an ex post 
facto use of the power could not have been intended by the 
Legislature, and proposed to put it in evidence that the Gov- 
ernor had " never authorized Mr. Hall to refer the matter to the 
Court." Williams retorted that if Cowlishaw persisted "the 
Crown would be driven to take an extreme course." Mr. Hall 
added to his signature " a member of the Executive Council of 
the Colony of New Zealand"; and the Judge said that the 
Court was " bound to presume that the Order of Reference was 
duly authorized by the Governor ; the Governor's signature was 
not necessary, and it was presumed that Mr. Hall acted on his 
authority until the contrary was shown." l Under this strange 
ruling the order was admitted, maugre Mr. Cowlishaw's objec- 
tion, and the Judge said he would " proceed with the case with 
increased powers." After such preliminaries the result was 
almost visible. Evidence was, however, taken, but the Order of 

1 It appears from a speech made by Tniaroa in Parliament (21st July, 
1881), that Hall evaded examination. "Cowlishaw rose in his legal apparel 
and pranced about the Court, but he fulled to find the Honourable John Hall 
because that honourable gentleman had got on his horse and gone to his own 
place fifty miles off." The Governor, Sir G. Bowen, was far away,uncousulted. 



342 NEW ZEALAND. 

Reference was the weapon on which Mr. Williams relied. To 
Mr. Cowlishaw's disparagement of the vague conveyance (in 
Kemp's deed of 1848) of lands to William Wakefield "there 
was nothing to show what had been sold, or the terms upon 
which the land was sold," Mr. Williams retorted that such an 
argument would concede " to the present claimants ... a share 
in the whole of the Ngaitahu block." Judgment was reserved ; 
but "the wonderful powers" which the Judge had recognized 
seemed to ensure its tenor. When it was delivered (on the 
5th May) the Judge, at the entreaty of the Native Assessor, 
" hoped that the (triumphant) Government would give fisheries 
to the natives wherever available." Mr. Rolleston asked " the 
Court to mention the extent of land to be awarded," but 
Fenton shrunk from the task. There was an adjournment, 
with a view to ascertain what reserves the Government would 
consent to include in the new deed to be extorted under order 
of the Court, and on resumption of the sitting Mr. Rolleston 
consented to inclusion of "eel-weirs and fisheries" in the 
reserve, but stipulated that they should "not interfere with 
the general settlement of the country" of which the Govern- 
ment would remain the judge. The elaborate judgment 
demands notice. The case was declared to be " of vast im- 
portance, immediately concerning the title of the Crown to 
nearly the whole of this and other provinces, and raises points 
of a difficult and conflicting character. And the Court feels 
that it is scarcely a fit tribunal for the determination of such 
important legal principles, and such great constitutional ques- 
tions." The Judge could scarcely impugn the good faith of the 
Queen in entering into the treaty of Waitangi, although he 
remarked, "the conditions laid down by Vattel and other writers 
on international law were not fulfilled in it. As, however, it 
constituted the foundation on which the English sovereignty 
was built up, ... it must be accepted as a valid treaty forming 
part of the law." After such an exordium it might have been 
expected that the judgment would be built upon the acknow- 
ledged foundation. But such a course would have jarred upon 
many minds in New Zealand. The Judge thought it " neces- 
sary to inquire what is the interpretation put by the Crown " on 
the treaty, and he raked from the charter, sent by Lord John 



NATIVE LANDS COURT. CHRISTCHURCH. 343 

Russell to Hobson in 1840, a phrase that the Letters Patent 
should not affect the Maori rights to lands now actually occu- 
pied or enjoyed by such natives." This "idea," . . . that the 
Governor might grant all lands except those " actually occupied 
by natives," led to an Instruction (5th December, 1840) to 
survey " all the lands " in the colony. But while quoting that 
phrase the Judge did not notice another in the same Instruc- 
tion : " It is our further will and pleasure . . . that you do 
especially take care to protect (the native inhabitants) in their 
persons and in the free enjoyment of their possessions." This 
omission was much ; but it was not so glaring as the absence of 
all allusion to the reiterated pledges of every Governor of New 
Zealand to maintain for the Maoris, in the words of the treaty, 
" full, exclusive, and undisturbed possession of their lands and 
estates, forests and fisheries, and other properties which they 
may collectively and individually possess, so long as it is their 
wish and desire to retain the same in their possession." It 
would have been better for the Judge to recall the noble rebuke 
administered by Lord Stanley to the New Zealand Company in 
1843, than to construct a shadowy idea under which the treaty 
might be eluded. But his mind seems to have been clouded. 

The reader will remember the wiles of Lord Ho wick in the 
Select Committee of the House of Commons in 1844; how he 
strove to give effect to them by his Instructions in 1846 ; how 
Sir W. Martin and Bishop Selwyn resisted him ; how Governors 
Fitzroy and Grey were constrained to reiterate their assurances 
that the Queen would honourably maintain the treaty, and how 
Earl Grey himself was compelled to convey the same assurance 
in the name of his Sovereign. It ought to have been impossible 
to cite the nefarious and recalled Instructions of 1846 as cogent, 
and yet the Judge cited them as a distinct indication of the 
" view taken by the Imperial Government," though he admitted 
that it was " objected to by the natives, and was never carried 
into practice, and in fact could not have been in a peaceful 
manner." Earl Grey would have limited Maori rights to the 
land " actually occupied or used by means of labour expended 
thereon," and the millions of acres not so occupied or used 
which the Crown had purchased from the natives, practically 
refuted the " idea " to which Mr. Fenton catachrestically referred 



344 NEW ZEALAND. 

in 1868. Dismissing the treaty he nevertheless found that 
between 1846 and 1851 a "change took place in the interpret- 
ation put by the English authorities on the territorial rights of 
the aborigines : " but he did not state that the pretensions of 
Earl Grey were never entitled to be called the views " of Eng- 
lish authorities " ; that they differed from Lord Stanley's decision ; 
that they were never adopted, but on the contrary were crushed 
in Parliament by the eloquence and influence of Mr. Gladstone, 1 
and others; and that Mr. Labouchere in introducing a Bill 
which abandoned those pretensions promised that the treaty 
should be " scrupulously and largely interpreted," which assur- 
ance he hoped would satisfy Mr. Gladstone that there was no 
intention on the part of the Colonial Office to " take any course 
upon the question of waste lands in New Zealand inconsistent 
with the rights guaranteed to the natives under the treaty of 
Waitangi." Mr. Fenton confessed that in the Constitution Act 
of 1852, passed when Lord Derby was Prime Minister, "the 
unoccupied territory in the hands of the aborigines" was 
" regarded as their distinct and admitted property." 

Such being the case it might have been thought impossible 
to deny Heremaia Mautai's claim to compensation if he could 
prove that he had received none. For the convenience of the 
colonists it had been the custom to enter into possession and com- 
pensate owners afterwards, ever since the days when Mr. Spain 
permitted the proceeding rather than eject the settlers whom 
Colonel Wakefield had improperly located at Te Aro, in Wel- 
lington. The process was not a just one. It .ignored the tribal 
rights guaranteed by the Queen. Yet, though not altogether 
laudable, it was a clumsy attempt to compensate men who had 
been robbed. But Mautai was not supported by a powerful 
tribe. The celonists were numerous and powerful in 1868. 
They had been few and feeble in 1841. When Mautai declared 
that he had never consented to the sale, was no party to the 
contract, and had received none of its fruits, he was asked to 
name his " hapu." When he declined to say more than that he 
belonged to " all Ngaitahu " (Ngaitahu katoa), the fact that 

1 "As far as England is concerned there is not a more strictly and 
rigorously binding treaty in existence than that of Waitangi." Mr. Glad- 
stone's speech. 



NATIVE LANDS COURT. CHRISTCHURCH. 345 

" some of his immediate family " had received money was held 
sufficient to disarm his claims. "The Court cannot recognize 
individual ownership of native land. . . . The contrary doctrine 
was endeavoured to be set up by the Government in the cele- 
brated Waitara case, but all aboriginal New Zealand protested 
against it. ... We cannot allow Heremaia to set up a doctrine 
because it now suits his interest, against which all his country- 
men have so energetically protested. Qui sentit commodum 
sentire debet et onus, is the maxim, and the Maori custom is 
that the individual must (as regards native land) be bound by 
his tribe in their external relations." 

Mr. Fenton wronged Te Rangitake. That chief never claimed 
that his rights barred those of others. He never denied that 
Teira had tribal rights within the Waitara block. He admitted 
them. " The land belongs to Teira and to all of us," was his 
contention : and it harmonized with that of Heremaia at 
Kaitorete. If any Ngaitahu could prove that he had not been 
consulted, had had no opportunity of protesting, and had shared 
in none of the results of the Ngaitahu purchase, he was fairly 
entitled to be heard, and not to be stopped by Mr. Hall's 
fabricated order of reference, and Mr. Fenton's adapted judg- 
ment. It might have been deemed difficult to do away with 
the admissions that the treaty of Waitangi and the Constitution 
Act of 1852 recognized and guaranteed the rights of the Maoris 
over all waste lands in New Zealand ; but legal sophistry can 
weave webs in which elaborate details supersede principles. 
Mr. Fenton descanted upon the rise and fall of the New Zealand 
Company. Mr. Cowlishaw had impugned, on various grounds, 
the validity of the Ngaitahu deed of 1848. Mr. Fenton retorted 
that " the two laws on which Mr. Cowlishaw relied for avoiding 
the deed " were repealed, and " the provision in the Constitution 
Acts was not ^retrospective." He was wisely silent as to the 
plain terms of the treaty. He was of opinion that the Ngaitahu 
deed was sufficiently bad in itself to convey no rights to Colonel 
Wakefield or his principals, the New Zealand Company, but 
that " by the common law of the empire that deed did suffice 
to extinguish the title of the tribe Ngaitahu in the lands 
described," although made in presence of and attested by a com- 
mander in the navy, who seemed to represent good faith on the 



346 NEW ZEALAND. 

part of the Crown. There was " abundant evidence of the exist- 
ence of a parol agreement of the Ngaitahu tribe or a majority 
of them to sell to Wakefield." The Crown adopted the contract ; 
Mr. Mantell " partially reduced it to writing by making a memor- 
andum of the receipt of 500 in part payment." ..." Now the 
maxim is, Omnis ratihdbitio retrotrahitur et mandato priori 
cequiparatur. Seemingly unconscious that every word he uttered 
was a stab at the treaty of Waitangi and the honour of England, 
the Judge discussed whether "the part performance (of the 
parol agreement) had been sufficient to render powerless the 
Statute of Frauds," which required all agreements relating to 
lands to be in writing. He cited many English decisions, and 
beat the New Zealand air, but did not approach the Kaitorete 
case. " The Court (he concluded) is of opinion that though the 
several payments made by Mr. Mantell would not of themselves 
suffice to prevent the operation of the Statute of Frauds . . . 
yet those payments combined with the receipt and the amended 
plan, and the subsequent acts of ownership exercised by the 
Crown (for a piece of land has been granted) would form suffi- 
cient ground to cause a Court of Equity to compel a specific 
performance, and it will be the duty of the Court under the 
order of reference to ascertain all the terms of the contract, and 
to make such orders as will secure the due fulfilment of them 
by the Crown on one side, and the Ngaitahu tribe on the other." 
He dismissed Heremaia's tribal claim as spurious, and touched 
upon the proved fact that the tribe had exercised of old, and 
after the Ngaitahu purchase, rights of fishery on the land, which 
would be regarded in the decree for specific performance. He 
gave judgment (he said) for the Crown, but it was a violent 
figure of speech, for the Crown was dishonoured by disregard 
of the treaty, and was even made a party to a quibble which 
confiscated the Maori rights on the plea that the Maoris had 
forfeited their treaty rights by joining in a transaction with the 
Crown. There were legal maxims which Mr. Fenton did not 
cite, but which were more cogent than that with which he 
professed to set aside the Maori claims. Kemp, as Commissioner 
for the Crown, made the Ngaitahu purchase. It was at his 
solicitation that the Maoris signed the Ngaitahu deed. Volenti 
non fit injuria. Even if the supreme authority of the treaty 



NATIVE LANDS COURT. OTAGO. 347 

had not protected the Maori rights it could not be pleaded that 
the Crown was wronged by the presumed sale, which was the 
act of the Crown by its accredited officers. Nullits commodum 
capere potest de injuria sua propria. If the act was wrong the 
Crown could take no advantage of it. These were maxims not 
only of English but of more ancient jurisprudence, and ought to 
have made the Kaitorete judgment impossible. At the closing 
of the Court at Canterbury, the Judge, nevertheless, expressed 
his " recognition of the justice, which bordered on liberality, with 
which the Crown had met the claims of the natives." Some 
cases had been dismissed ; in some the Maoris were successful ; 
in others it seems that the Crown avoided adverse judgment, 
for they are recorded as "withdrawn, the grant having been 
prepared in the claimant's name." 

The Court proceeded to Otago, where Taiaroa and many 
others appeared before it. When the case of the Maori reserve 
in Dunedin was put before the Court, Macandrew pleaded to the 
jurisdiction ; the convenient Cutten produced the Crown grant, 
surreptitiously obtained ; the application of " Taiaroa and others 
was dismissed, evidence having been given that the land had 
been granted to the Superintendent of Otago ; " and the applicants 
were instructed through an interpreter that " they would have to 
go to the Supreme Court." The fraud practised at Dunedin 
was nevertheless proved, aliunde, by a judgment delivered as to 
a Maori reserve recommended by Mr. Mantell at Port Chalmers 
simultaneously with that at Prince's Street, and granted in like 
manner by the Governor to the Maoris. Mr. Mantell described 
the reserve made in 1853. Counsel for the province opposed 
the Maori claim on the ground of want of power in the Governor 
to make the reserve and on many technical points; Cutten 
declared that the land was "selected in Great Britain in 1847." 
It appeared that on a portion of the reserve a Presbyterian 
church had been built. The Court postponed a decision on that 
point for further hearing, 1 but delivered an elaborate judgment 
as to the remainder, to the effect that " no grounds whatever had 
been shown to justify the Court in saying that the Governor was 

1 After some days it was pleaded that the Church " had not had 
sufficient time to get together the evidence required," and their case was 
adjourned sine die 



348 NEW ZEALAND. 

not justified in doing what he has done." A Crown grant was 
ordered to be issued to Taiaroa, Patuki, and others. Mr. Mackay, 
the Native Commissioner (from whose careful compilation these 
facts are drawn), lost no time in guarding against any tampering 
with lands awarded by the Court to the Maoris. The grant of 
the Prince's Street reserve to Macandrew had evinced the 
immoral capacity of the province. Mackay at once transmitted 
to Cutten a schedule of the lands awarded, with a request that 
Cutten would " take the necessary steps to withhold from sale 
the lands" described (29th May, 1868). Macandrew, indignant 
at the awards, appealed to the Governor (17th July, 1868) against 
the proceedings. His voluminous despatch was demolished (28th 
July) by Mr. Domett, then Secretary for Crown Lands, in a 
memorandum which referred to the treaty of Waitangi, the 
Queen, her Instructions, and common sense. But Macandrew's 
power over Mr. Stafford, the Premier, was not exhausted by the 
procurement of the grant of the Maori reserve in 1866. Stafford 
is to be found endeavouring to appease Macandrew by a telegram 
in November, 1868, by suggesting that though advised that there 
was no force in Macandrew's general arguments, if there were 
specific objections to " any order or reserve " a re-hearing must 
be applied for " immediately by telegraph " as time for application 
would soon expire. An official letter shows that Stafford through- 
out his tenure of office did not venture to displease Macandrew 
by obeying the law. Stafford resigned on the 28th June, 1869, 
and on the 1st October, 1869, Mr. Domett called upon Cutten to 
explain why the grants to the natives, " detained from execution 
on representations made " by Macandrew, should not be issued at 
once. In 1870, Macandrew, still Superintendent and obstructive, 
appealed against the awards, especially that of 1000 acres at 
Tautuku, "capriciously" ordered "upon ex parte evidence." 
Some of the land would, he said, have been sold in 1858 if the 
province could have had it surveyed, and he affected to think 
this assertion a bar to the award of 1868. The Chief Judge 
briefly repelled the charge of deciding upon ex parte statements, 
and averred that the awards ought in his judgment to be sup- 
ported ; and no further trace of Macandrew's opposition is to be 
found except with regard to the reserve at Dunedin, which was 
remitted by Mr. Fenton to the Supreme Court. 



GENERAL CHUTE'S CAMPAIGN. 349 

The manner in which Mr. Hall fabricated the " order of 
reference," in order to defeat Heremaia Mautai, would not, 
perhaps, have shocked the moral sense of the community if it 
had not jeopardized the release of the Government from further 
claims. Mr. Hall's equivocal act was not condemned, but it was 
found necessary to pass an Act " to remove doubts as to the 
sufficiency of a certain order of reference," . . . signed "as by com- 
mand and on behalf of the Governor." It was enacted that it 
should be deemed as " valid and effectual to all intents and pur- 
poses as if the same had been made by and given under the hand 
of the Governor. The Act offered at the same time a crumb to the 
Maoris by providing that nothing in it or in the Orders of the 
Native Land Court should extinguish Maori claims in respect of 
promises of " schools, hospitals, and other advantages to induce 
(the natives) to consent to the sale of the said Ngaitahu block." 
Otherwise, the Act extinguished all native title in Ngaitahu 
territory. 

In December, 1865, Dr. Featherston unveiled a statue of 
Grief, erected at Wanganui to commemorate the deeds of those 
friendly natives who crushed at Moutoa in May, 1864, the 
invaders of Wanganui. He had previously joined in receiving 
the Wanganui men on their return from the east coast, and he 
extolled the bravery of the dead and of the living when he 
unveiled the monument. Having thus paved the way he strove 
to induce the chiefs to aid General Chute in a campaign on the 
west coast. Some who had been at Opotiki were discontented 
at receiving no payment, and Mete Kingi was dissatisfied at 
their treatment. Dr. Featherston addressed the tribes. Haimona, 
one of the heroes at Moutoa, sprang to his feet and declared 
that they would follow Featherston into the field. "Thus" (a 
local print stated) " terminated one of the most important meet- 
ings ever held in the colony. General Chute obtained a Maori 
contingent of 286 men ; but to ensure their co-operation it was 
requisite that Dr. Featherston should accompany the forces. He 
joined them on the 2nd January, 1866, and on the 4th the 
Okatuku pah was captured with trifling loss of besiegers and 
besieged. The Maori contingent danced a triumphant war- 
dance by moonlight. Pushing across a tributary of the Whenu- 
akura river (the native allies under Major McDonell leading 



350 NEW ZEALAND. 

through dense forests, ravines, and precipices), General Chute, 
with about 700 men, approached in rear the fortress Putahi, 
situate on a wooded hill 500 feet high, abruptly rising and cleft 
with deep gullies separating the descending spurs. Two hundred 
Ngatiruanui were supposed to be in the pah. A correspondent 
of the Wanganui ' Times ' wrote : " The General desired at first 
to attack at once, but wisely yielded to native representation of 
the necessity of deliberation. . . . Thereby the main defences 
of Putahi were neutralized. ... At 3 a.m. on the 7th the 
General's force ... in perfect silence and darkness ascended 
the ridges. . . . The native contingent, under Major McDonell, 
and Kemp (Rangihiwinui), a really useful lion that day, led the 
way " to the plateau. By a rush from the wooded shelter, after 
some firing, Putahi was stormed. A prisoner, after being allowed 
to tell that the firing had been destructive to the rebels, was, in 
cold blood, " freed from the cares of this life by one of his own 
charitable countrymen." l Thus wrote the Wanganui reporter. 
Colonel Weare, of the 50th Regiment, who was stationed at Patea, 
in obedience to the General's orders placed two ambuscades, 
intercepted some flying rebels, wounded one, and made another 
prisoner of war. Colonel Weare 2 was with the ambuscade 
which effected the capture. The Major-General loudly praised 
the Forest Rangers under Von Tempsky, and the native 
contingent. Putahi was burnt, and on the following day the 
contingent destroyed their countrymen's crops, and returned 
laden with potatoes, which they shared with the troops. On 
the 9th, General Chute marched across the Whenuakura river to 
Kakaramia, taking thither Colonel Weare's prisoner of war. On 
the 10th, scouting parties went out. It was ascertained that the 
enemy had taken shelter at Otapawa, accessible only by a way 
shown by the native contingent. There the Ngatiruanui were 
at bay. On the morning of the llth January, General Chute 
left his camp before sunrise, having given orders that the Maori 
prisoner of war should be shot, in cold blood and without trial. 
These orders were executed by a party of the 50th Regiment, 

1 ' A Campaign on the West Coast of New Zealand.' Wanganui, New 
Zealand: 1866. 

2 Colonel Weare's despatch (7th January, 1866) to the Deputy- Assistant 
Adjutant-General. 



MAORI PRISONER OF WAR SHOT. 351 

and the officer in command shed tears of shame as he obeyed 
them. Chute, who deserves henceforward the shortest of 
appellations, marched to Otapawa, where, under cover of six- 
pounder guns served by the Royal Artillery, the gallantry of 
the 57th and 14th Regiments carried the fort on the 13th 
January. In storming it Colonel Hassard of the 57th fell, 
mortally wounded. Twenty-nine Maoris were found dead ; and 
of the English eleven were killed and twenty wounded. Again 
Chute loudly praised all ranks. The country was scoured ; settle- 
ments, crops, and houses were destroyed. On the loth January, 
he wrote to Sir George Grey: "All the principal villages and 
positions up to and within reach of this camp (Ketemari) having 
been destroyed and the rebels scattered with heavy loss, I 
propose, in pursuance of your Excellency's instructions, to con- 
tinue my march immediately towards Mataitawa and New 
Plymouth by the bush -track behind Mount Egmont." He 
abstained from allusion to the murdered prisoner in his 
despatches. The Wanganui record, 1 describing the capture of 
Otapawa, said: "Three shots from the Armstrong had called 
forth no reply ; . . . many a one, even to the General, thought that 
the pah had been abandoned ... it lay as silent as a graveyard, 
and as ominous. Colonel Butler on advancing further could see 
that the silence was not caused through a want of occupants. 
The rifle-pits behind the palisading were thickly lined with 
black heads, and a bush at right angles with the pah swarmed 
with the black vermin." Elsewhere the same record stated that 
the garrison at Putahi included " a fair proportion of ferocious 
Amazons." But the Wanganui scribe, like Chute, did not 
mention the killing of the prisoner of war without trial. Before 
the march was resumed there was some difficulty in persuading 
the Wanganui men to go farther from their homes; but Dr. 
Featherston was eloquent. Hori Kingi te Anaua, the principal 
chief, by an urgent appeal converted the recalcitrants, and there 
was a general chorus : " We will go ; we will go." Eighty were 
chosen for the work. The native contingent, in advance, shot a 
few rebels, but no resistance was encountered. Food was scarce. 
Horses were killed and eaten on the way. On the 25th, the 
General reached Mataitawa, whither the native contingent had 

1 ' A Campaign on the West Coast,' &c. 



352 NEW ZEALAND. 

preceded him. On the 26th, with 100 of the 43rd Regiment 
and an Armstrong gun, he went in a steamship to the mouths of 
the Mokau and Awakino rivers, but saw nothing worth destroying, 
and returned without landing the troops. On the 27th, he 
marched into Taranaki. A triumphal arch was erected to do 
him honour : and the Superintendent of the province, Mr. H. R. 
Richmond, presented an address, lauding his sagacity and courage, 
which had left "no security for rebellion." Nothing loth to accept 
praise he answered : " It was a source of great satisfaction to find 
that our efforts to restore the peace of these districts have met 
your approval." He marched southwards past Oakura, and on 
the 1st February destroyed the Waikoko pah, killing a few 
Maoris and laying waste an " unusual extent " of cultivated 
grounds. On the 2nd, Dr. Featherston prudently went before 
the destroyer, who found on arriving at Te Namu that Featherston 
had permitted many natives to take the oath of allegiance and 
avert the destruction of their homes. Chute passed on to 
Opunake, and there took measures which might, if that were 
possible, have intensified the savage despair of the Hau Hau 
fanatics. Te Ua, the founder of their superstition, was peace- 
fully residing there. Mr. Parris, by express authority from 
Colonel Haultain, the Defence Minister, had permitted him to 
do so. Chute, in spite of Parris, surrounded Te Ua and his 
followers and made them prisoners, on the ground that they had 
formerly been in arms and had not taken the oath of allegiance. 
Some were released, but Te Ua was sent to Sir George Grey, 
who exercised clemency towards the captive. Chute seemed 
confused with elation at having marched through the forest. 
Men under his control marauded everywhere, robbing friend and 
foe. Mr. Parris protested, and the Major-General ordered him 
to go away to Taranaki. There he heard that a peaceful chief, 
robbed by the army, had joined the rebels. Numbers of stolen 
horses were sent to Taranaki to be sold by auction. Mr. Parris 
wrote to the Native Minister : " The scene which took place at 
the sale-yard was perfectly disgraceful. Nearly the whole of 
Captain Corbett's company, who have been serving under him 
as Bush Rangers for the last two months, were present, more or 
less under the influence of liquor, fighting and quarrelling about 
the ownership of particular horses, and abusing their Captain and 



GENERAL CHUTE'S CAMPAIGN. 353 

Lieutenant for having taken away the best of the horses to them- 
selves instead of sharing the proceeds of the whole among the 
company as agreed upon. The natives for claiming their horses 
were blackguarded and threatened with violence by the mob, on 
hearing of which I sent for the horses claimed to be pointed out 
to the auctioneer, but not to provoke violence. ... It is my 
duty to inform the Government that the friendly natives are 
beginning to be very much alarmed at the state of things, but I 
do hope that something will be done to put a stop to the very 
unfair interference with their rights." 

Taranaki had ever a bad eminence, and its atmosphere tainted 
even the military. Wiremu Kingi Matakatea, 1 distrusting the 
General, retreated to his residence Nukuteapiapi. Soldiers were 
sent thither. His property was seized or destroyed, and build- 
ings were burned. Parris applied to Colonel Warre for a pass 
to enable a chief to seek Matakatea, and " recommend him to 
come in and refer his case to the Government." The army 
under Chute not only would not allow the chief and his followers 
to communicate peaceably with the refugee, but a Captain of the 
43rd disgraced his uniform by ordering them to go before the 
troops in the attack. They protested, but were told that for 
disobedience they would be made prisoners. " They 2 were 
thus," Mr. Parris complained, "arbitrarily compelled to go in 
front of the troops without a gun in their hands wherewith to 
defend themselves, to the attack of a near relative." The 
brutality of these proceedings was denounced by a Taranaki 
newspaper, which declared that it would have been better for 
Taranaki if the march from Wanganui had ended in the town, 
for the General had left more enemies in the district than he 
had found. On the 6th, Chute destroyed Meri Meri, and on the 
7th finished his course at Patea, welcomed by the band of the 
18th Royal Irish with the air "See the conquering hero 
comes." On the llth, he reached Wellington by ship, and 
received congratulations on his "complete and triumphant 
success." On the 12th, he described his campaign to the 
Governor. He descanted on the difficulties surmounted. " There 
were no less than 21 rivers and 90 gullies, the precipitous banks 

1 Not to be confounded with Wiremu Kingi Te Rangitake of Waitara. 
N. Z. P. P. 1866 ; A. No. 8,^p. 9 

VOL. II. A A 



354 NEW ZEALAND. 

of many of which presented formidable obstructions to our 
advance, and required great labour to make them passable. . . . 
To accomplish a distance of about 54 miles the force was eight days 
actually on the move." He reported the capture of Te Ua who 
was at his " Excellency's disposal." His own disposal of his 
prisoner of war was not mentioned. " I believe that throughout 
the country traversed by the field force during the last six 
weeks there does not now remain one fortified position or 
ordinary village in the occupation of the rebels, who have 
suffered most severely in loss of life, habitations, cultivations, 
horses, cattle, and other property." He enclosed a diary kept 
by the commanding officer at Waingongoro in January, which 
showed that all fruit-trees were destroyed. If the Romans in 
Britain acted like Chute one sees that the words attributed to 
Galgacus may have been the simple truth. Solitudinem faciunt, 
pacem appellant. 

Chute could not find words to express his gratitude for Dr. 
Featherston's assistance in "sharing all dangers and privations," 
and obtaining information which could not otherwise have been 
gained. The native contingent was praised. Hori Kingi te 
Anaua, Rangihiwinui, and Haimona, at all times merited his 
" wannest approbation." Majors McDonell and Von Tempsky, 
and Ensign McDonell were highly commended, and Chute 
intended to report to England the " noble and gallant conduct 
of the whole of the troops engaged." On the 13th February, 
the Governor told the Secretary of State that -Chute had " dis- 
played every quality of a great General." On the 15th February, 
the Governor eulogized the General at a banquet. The ghost 
of the murdered prisoner did not rise to mar the festivities, and 
the General, we are told, " resumed his seat amidst continued 
cheers which lasted several minutes." But though banished 
from that scene the miserable victim must be remembered in 
these pages. His death became known in England through 
a letter written by his captor, Colonel Weare, to his brother, 
a clergyman. " The General received me very coldly for taking 
this man alive after his intimation of ' no prisoners.' However, 
I told him I could not order my men to kill a man after he had 
thrown down his arms and surrendered. . . . The prisoner was 
taken to Kakaramea, and kept there till the llth, on which 



COLONEL WEARE'S LETTER. 355 

morning the General left at 3 a.m. ; and at 8 a.m. under 
instructions from the General, this prisoner was taken down to 
a gully, tied hand and foot, and then cruelly shot to death by 
some of the 50th. ... I have written to the General to know 

if Captain x had due authority and orders for this act, as 

otherwise we consider he has cast a stain on the name of the 
regiment. . . . Since the leaving of Sir Duncan, the true senti- 
ments of the Governor and his Government have come out towards 
the Maoris in their urging General Chute on to all these atrocities 
of killing and no prisoners." After denouncing wholesale con- 
fiscation of land, and narrating cruelties said to have been 
committed by the native allies, Colonel Weare hoped that " the 
degrading and brutalizing manner in which this war is now con- 
ducted may be known in England, and the troops no longer be 
allowed to be demoralized by the colonists for their sole 
selfishness." 

Colonel Weare's hopes were gratified. Mr. Cardwell (April, 
1866) confidentially urged Governor Grey "to secure the ob- 
servance of all the humane usages of war," and told him that 
the War Office would communicate with General Chute. Mr. 
Cardwell could not suppose that the imputations upon General 
Chute or the local government were incapable of complete reply, 
but, on the other hand, was not warranted in considering that they 
were made in bad faith, and regarded them " therefore as calling 
for immediate and most serious inquiry." The Governor brought 
the matter before his Executive Council in a minute denouncing 
the statement that the Colonial Government desired no prisoners 
as " a base and wicked calumny," demanding copies of Colonel 
Weare's letters, and declining " to receive the communication 
as a confidential one." He denounced vigorously to the Colonial 
Office the practice, which had grown up under General Cameron, 
of aspersions in private letters, and which had led to prolonged 
war and misery. He repelled the thought that he or his Minis- 
ters urged General Chute to commit atrocities. Had he been base 
enough to entertain it, the noble nature of many of the officers 
and men of Her Majesty's forces would have taught him better 
than to dare so to constrain them. He who tracks the public 

1 Though I know the name left blank in the published despatch, there is 
no object in making known the name of the unwilling executioner. 

A A 2 



356 NEW ZEALAND. 

men of New Zealand must confess that Sir George Grey, if 
correct with regard to the army, " protested too much " for the 
civilians. The soldiers always felt repugnance in waging war 
brought about by the greed and for the profit of the settlers. 
They served the Queen loyally, but with shame for the cause 
of war. The Ministry scarcely deserved the defence made for 
them. Soon after Colonel Weare's prisoner was shot, Sir George 
Grey wrote (2nd February, 1866) an elaborate apology for them in 
contravention of Sir William Martin's views which they opposed. 
The Governor, forgetful of the suppression laws, and of his recent 
contests with the rapacity of Whitaker and Fox, and with the 
Assembly, argued that as a rule public men in the colony had 
been temperate in times of excitement, and that the Assembly 
had " shown a scrupulous care for the rights both present and 
prospective of the native race. ... I feel sure that upon the 
whole the debates, the legislation, and the Acts of the General 
Assembly will hereafter be admitted to be creditable to their 
humanity, and to the nation to which they belong, and I have 
no reason to think that Sir William Martin would not agree 
with me in the opinion which I have thus expressed." 

Another despatch proves that the shooting of the prisoner 
was not altogether unknown at the time, and that the Ministry 
at least were culpable in not instituting a rigid inquiry before 
the task was imposed upon them. 

Sir George Grey wrote (13th June, 1866) that on seeing 
" a statement in a local newspaper that the troops under General 
Chute had shot a prisoner who was said to have been known 
to be the murderer of a soldier, I immediately called the atten- 
tion of the Minister of Colonial Defence (Colonel Haultain) to 
the subject. He informed me that I might make my mind 
quite easy regarding it, because he had been informed that it 
had been intended to execute this prisoner, but the Superintendent 
of the province of Wellington (Dr. Featherston), who was present 
with the General, hearing what it was intended to do, spoke to 
the General on the subject, who immediately sent orders that 
the man's life should be spared. Since I have received your 
confidential despatch I have again spoken on this matter with 
the Minister for Colonial Defence, who tells me that he sub- 
sequently heard that the General's orders arrived too late, not 



THE MAORI PRISONER OF WAR. 857 

reaching the place until the man was executed. This is all I 
know on the subject. My ignorance regarding it is undoubtedly 
to be attributed to the fact of the War Department receiving 
communications from their officers even of a confidential nature 
reflecting on myself without such communications having been 
made known to me, and to the system very naturally adopted 
by the military authorities in this country of making most 
meagre reports to myself of their proceedings, and refusing or 
neglecting to furnish me with copies of their reports to the 
Secretary of State for War." 

If Colonel Haultain deceived Sir George Grey,, or was himself 
deceived in the first instance, no excuse can be found for his not 
prosecuting an inquiry as soon as the death of the prisoner was 
known. The grief of the officer who obeyed Chute's orders was 
no secret within or beyond the camp. Sir George Grey's failure 
to institute a searching inquiry as to the truth of the newspaper 
report somewhat mars his later remonstrances. The Minister 
who declared that he " subsequently heard " that the reprieving 
order arrived too late, would at once have reported the fact to 
the Governor, and compelled investigation, if he had not been an 
accomplice before the fact or ready to condone it. As for the 
General himself, there is no published allegation of his own that 
he desired to stay the execution, and as he left the camp shortly 
before the prisoner was shot, there is an air of improbability 
about the plea made for him. Colonel Weare, when called upon 
by General Chute to explain, expressed regret for some of his 
statements which he called camp rumours, not intended for 
publication. He disbelieved the rumours against the native 
allies to which he had given currency. As to the supposed 
order about prisoners, he was courageous enough to repeat : " I 
certainly myself understood that th& Major-General did not wish 
prisoners." He regretted having written his letters, and hoped 
the General " would consider them withdrawn." By permission 
of the General he made the same request to the Governor. He 
regretted "having in a moment of great excitement given 
expression in a family letter to thoughts which had come 
hurriedly into his mind, and which he would not on more calm 
deliberation have felt himself justified in making or entertaining." 
The Governor promised that as regarded Colonel Weare he 



358 NEW ZEALAND. 

would request that no further steps might be taken. At this 
date the charges were unpublished. But Sir George Grey's 
repulsion of them brought upon him the wrath of the new 
Colonial Secretary. The Earl of Carnarvon received the despatch 
addressed to Mr. Cardwell, and determined to flesh his bureau- 
cratic sword upon the memorandum-writing proconsul. Admitting 
that the charges against the Governor were completely disposed 
of, he condemned the tone of the despatches disposing of them. 
Alleging that the Colonial Office had complied with the custom 
of requiring complaints against a Governor to be sent through 
himself, the Earl did not see how justice could have been more 
effectually secured. He professed sympathy with a Governor 
who thought himself "left without due protection from cruel 
and unfounded imputations ; " admitted Sir George Grey's high 
character and public services ; and told him that his minute to 
his Executive Council and despatch to Downing Street were so 
improper that the right course would be to withdraw them. 
" In this hope I now refrain from considering what would be the 
duty of Her Majesty's Government should you unfortunately 
come to a different conclusion." The Governor did not accept 
the suggestion. His minute was the only recorded defence 
against charges standing against him in the Colonial Office. 
He could not withdraw it. It defended his Ministers as well 
as himself. He would not desert them. They had unani- 
mously approved his minute and denounced the barbarities 
imputed to them. As for the language he had used, he could 
not detect any impropriety, but might be a wrong judge in his 
own case, and was willing to withdraw or apologize for any 
phrases improperly applied. He was willing to meet the com- 
mon lot of men. Wantonly accused of having given effect to 
a wicked hatred of one class of the Queen's subjects, and having 
pressed the army of a great and merciful nation to commit 
shocking crimes, he had striven earnestly to do his duty to the 
Queen, to his office, to his reputation, to the Secretary of State, 
to his advisers, and his fellow-subjects in New Zealand. " On a 
point on which my future reputation rests, I ought to, and 
must, decide for myself; and I believe that hereafter it will be 
admitted (if not now) that the course I have taken was becoming 
to my office, to the great powers with which the Queen and 



THE EARL OF CARNARVON AND SIR G. GREY. 359 

nation had entrusted me, and to my own long services ; and I 
still trust that your Lordship will concur in this view of the 
subject." The Earl did not receive the Governor's defence. 
He was sensitive where his own honour was concerned, and, 
with Lord Cranborne and General Peel, quitted the Ministry 
when Mr. Disraeli, with the adroitness of a clown, abandoned 
the protestations of years, and changed front on the question of 
Electoral Reform before an audience which appreciated the 
grace and audacity of his acting. 

The Duke of Buckingham, who received the seals of the 
Colonial Office, unable to deal seriously with the Governor's 
despatch, passed over the refusal to withdraw the minute and 
despatch, and affected to perform his duty by observing with 
satisfaction the Governor's readiness to withdraw expressions 
which might be considered improper. Further appeal was made. 
Weary of continually urging the removal of troops from New 
Zealand, and of disputes between a Governor and a General, 
Earl Carnarvon, on the 1st December, 1866, had instructed Sir 
George Grey that he was not at liberty to exercise any control 
over the movements or disposition of Her Majesty's troops. 
There was an exception as to one regiment which might be 
retained on certain conditions. In Parliament the Earl animad- 
verted (15th July, 1867) on the Governor's conduct, who com- 
plained to the Duke of Buckingham that the Earl had misled 
the House and the country. The despatch subjecting the 
Governor to the General had been printed in England, but the 
Governor's answer to it had been withheld from Parliament. 1 
In it he had declared that, feeling keenly the disgrace to which 
the Secretary of State had subjected him, it would be his pride 
nevertheless to serve the Queen " as carefully in disgrace as in 
prosperity." At the same time he argued against the adoption 
of a rule so injurious to the service. To call a man Governor-m- 
Chief and to exempt from his control the senior officer of troops 
in a colony seemed improper in the eyes of the Duke of Cam- 
bridge, who declared in Parliament (loth July, 1867), that "no 
more dangerous step could be taken ; and for this reason, that 
the military authorities must and ought to be subordinate to the 

1 In return to an Address of the House of Commons, its publication 
was elicited in 1869. 



360 NEW ZEALAND. 

civil." But the Colonial Office had arrived at the conclusion 
that the Governor was the obstacle to the withdrawal of troops ; 
it was weary of disputes, and cut the knot which it could not 
untie. The cause which had induced the threat to remove the 
Governor was not set at rest during his term of office. 

Sir George Bowen succeeded him in February, 1868. In that 
year for the first time were published the letters written to the 
Colonial Office by the Rev. Mr. Weare, attributing barbarities 
to the desire of the Colonial Government to have no prisoners. 
Accusations were contained which had never been made known 
to the Governor by the Colonial Office. Though then in private 
station, he promptly sailed to England to demand in person 
the inquiry which he had vainly asked from the Earl of Car- 
narvon in 1867, and which the Duke of Buckingham declined 
to grant in 1868. Rightly or wrongly he had the sympathy of 
the colonists. Arrayed against him were Earl Granville and the 
traditions of the War Office. His Ministry had joined him in 
his first protest against the charge of complicity with the killing 
of the prisoner. In August, 1867, the Legislative Council ; in 
September the House of Representatives; had earnestly and 
unanimously addressed the Queen, defending Sir George Grey, 
and praying that the irregular reception of secret charges might 
be checked. Their Governor had been maligned. The indict- 
ment had revealed the butchery of a prisoner without trial by 
order of the General. The honour of England was stained. 
The Duke of Cambridge, at all events, would be guided by a 
sense of right and a soul of honour. The papers showed that 
all the facts had not been laid before him. But Earl Granville 
had no desire to permit the Commander-in-Chief to do justice. 
Behind a formal veil of politeness he was as obdurate as his 
predecessors. He would not re-open a question which, he 
averred, had been decided by competent authority. It was in 
vain that Sir George Grey, as the Queen's late representative in 
New Zealand (1866), asked the nature of the decision spoken of, 
and the authority by which it was pronounced. Those who 
work in the dark do not drag their deeds to light. Earl 
Granville cared little whether the Duke of Cambridge might 
be unjustly charged with the iniquity complained of. It would 
be forgotten amidst the pressure of new needs. All eyes in 



EARL GRANVILLE AND THE MAORI PRISONER. 361 

England were intent on the Irish Church. Not because of the 
alleged injustice of its grey existence, but because it was a 
party question, the disestablishment of the Church filled the 
political landscape. The ghost of a Maori could find no room 
there. Earl Granville improved on the proverb. If it be wise 
to let a sleeping dog lie, it must be wiser to avoid discussion 
about a dead Maori, though done to death by an English 
General. Discussion was objectionable, for though winked at, 
a foul wrong could not be openly defended in the English 
Parliament. The case must be strangled. It was unmannerly 
to bring a slovenly unhandsome corpse betwixt the wind and 
the Earl's nobility ; and he was a fit functionary to reprove Sir 
George Grey as Hotspur was rated at Holmedon. After one 
or two supercilious evasions, he declared that he saw no advan- 
tage in prolonging the correspondence. It was, perhaps, thought 
advisable to draw no invidious distinction between a Cameron 
and a Chute. The first had been knighted, and it was decided 
to give the same honour to the second. The most notable 
feature in the conduct of the Secretaries of State was that 
whereas when Sir George Grey captured Weraroa new instruc- 
tions were framed to prevent similar feats, when inquiry was 
demanded as to the doing to death of a prisoner in cold blood, 
it was refused, although it was distinctly laid down in the 
Queen's Regulations that, in all cases of court-martial con- 
victions, sentence of death was to be suspended, until approved, 
on Her Majesty's behalf, by the Governor. In the case reported 
by Colonel Weare there was not even a court-martial. If Earl 
Granville could have destroyed all evidence, his conduct might 
have been expedient, if not wise, in his own generation. As it 
was, he only linked himself with crime. 

The Earl of Carnarvon succeeded in embittering the relations 
of the Colonial Office to Sir George Grey. The Governor left 
him, he said (Dec., 1866), "to leam from the newspapers affairs 
described by the colonial press as brilliant successes," which, if 
impugned in England as merciless attacks upon unoffending 
persons, the despatches afforded no means of explaining. Sir 
George Grey furnished an explanation. He was hurt by the 
imputation ; " the more so, in my own case, because I can assure 
you that your Lordship has written under an entire mistake, and 



362 NEW ZEALAND. 

that I have done nothing to merit the censure inflicted on me." 
In July, 1867, the Earl, in the House of Lords, took occasion to 
express his "full satisfaction at the explanation," and apologized, 
not to the Governor, but to his advisers. " I admit my error in 
this instance, and readily express my regret, because I think 
now that the words in question were not unreasonably open to 
complaint on the part of the Colonial Ministers." In November, 
1867, Sir George Grey, referring to the Earl of Carnarvon's 
speech, wrote (to the Duke of Buckingham, Secretary of State) 
that if those who were at the head of the Colonial or War 
Departments, misled by secret correspondence, required blind 
acquiescence in breach of law and regulations, he owed no 
obedience in such matters, but he owed a duty to the Queen 
and empire, and it was right to withstand those who committed 
violent acts, or supported others in them, with a will as strong 
as their own, not caring what consequences might fall on 
himself. The Colonial Office did not allow this protest to see 
the light until 1869. 

While General Chute was marching to Taranaki with a 
detachment of the native contingent, the main body of that 
force was left to shoot and to destroy in the Wanganui district. 
Some of them were stationed at Pipiriki, from which a garrison 
of the 57th Regiment had been withdrawn. Negotiations were 
set on foot with the hostile Maoris on the river. Pehi Turoa 
invited a discussion of terms of peace, and Mete Kingi, with 
400 men, in 30 canoes gaily equipped, responded ' to the invita- 
tion. The Hau Haus kept faith. After war-dances, speeches, 
and feasting, it was resolved that perpetual peace should be 
maintained on the Wanganui river, but that the men of the 
coast and the men of the mountains should be free to fight, as 
they listed, elsewhere. In other districts many chiefs declared 
allegiance to the Queen. At Lake Taupo, where Mr. Meade was 
so ill received in 1865, all war was at an end, and many leading 
men volunteered to assist in maintaining order in 1866. 

Sir George Grey wrote (February, 1866) warmly in praise of 
the west coast campaign, and in compliance with request of 
chiefs determined to visit the interior. His arrival at Napier 
induced the Hau Haus to surrender their flags, and take the 
oath of allegiance under the guidance of Te Hapuku and his 



SIR G. GREY SEES WAHAROA. 363 

brother, who thenceforward discountenanced Hau Hauism. 
Wairoa, Turanga, Waiapu, and Opotiki were tranquil. At 
Maketu the gallant Arawa waited to receive and to accompany 
the Governor. There also he received a message from Te Heu 
Heu, who, with the chief next in rank to himself, was prepared 
to submit. They were almost the only chiefs known to be in 
arms against the Queen, and in the end of March they also sub- 
mitted, and agreed to accompany the Governor in his progress. 
At Tauranga there was trouble. The arrangement made by 
Sir G. Grey in 1864, after the defeat at Te Ranga, was in 
danger. Unsurrendered rebels protested against it. Those who 
had agreed to it seemed discontented. A meeting was held, and 
the Governor's eloquence prevailed. The chiefs thenceforward 
assisted in carrying out the arrangements. At Hamilton, on 
the Waikato river, he had an interview with Te Waharoa, on 
the 1st May. Rewi, he learned, was at Hangatiki, deter- 
mined never to look upon European face again. The Governor 
persuaded Te Waharoa to visit Wellington at the next meeting 
of the General Assembly to give information on Maori affairs. 
The island was at peace. The Hau Hau fanaticism was not 
abandoned by all ; but its founder, Te Ua, had renounced it as 
a delusion under which he had fancied himself inspired. He 
himself attended the service of the Church of England on board 
of H.M.S. 'Eclipse,' while his former proselytes worshipped 
around the Pai Marire staff in Maori villages. 

Some of these tidings were acknowledged by Mr. Cardwell, 
but in June, 1866, he was translated to the War Office, and the 
Earl of Carnarvon ruled in Downing Street. It was not pro- 
bable that Sir George Grey would receive sympathy. The fact 
conformed to the probability. The several accessions of the 
Duke of Buckingham and Earl Granville produced no change. 
Secretaries of State were weary of Sir George Grey. They 
suffered from what Mr. Fitzgerald had called the prevailing 
" Memorandummiad " in New Zealand. 

The dispute about retention of troops was destined to encum- 
ber the path of many Colonial Ministries. The Weld Ministry 
survived less than three months after the meeting of the 
General Assembly in July, 1865, at Wellington, which had be- 
come the new seat of government. Mr. Stafford was hostile, but 



364 NEW ZEALAND. 

would not risk a division on the Address. To convince the 
Maoris of the good intentions of the Government, Mr. Fitz- 
gerald, who, on the resignation of Mr. Man tell became Minister 
for Native Affairs in August; 1865, with the Governor's sanc- 
tion published a Maori newspaper. The peace proclamation of 
September appeared in it. " We must," said Mr. Fitzgerald in 
the House, " deal with the Maoris as our forefathers were dealt 
with. We must occupy their finer and loftier characteristics as 
well as crush what is base and sordid. We have heard how the 
Christian nations went to fight the heathen, with the cross in 
one hand and the sword in the other, and we must take that as 
our guide ; the sword to suppress iniquity, the cross to lead to 
noble aspirations. I have fancied that I have seen only; -the 
sword flaming in the air, while the cross was trampled in the 
dust." Mr. Weld and his colleagues intended to appoint two or 
three Maori members of the Legislative Council, but the project 
died with the fall of his Ministry. A word must be said as to 
the Indemnity Bills passed in 1865 and 1866. Their nature 
suggests that their framers were well aware of the lawless acts 
which they were needed to condone. When the Bill of 1865, 
" for indemnifying persons acting in the suppression of the native 
insurrection," was sent to England, 1 Earl Carnarvon delayed 
giving any advice upon it. Another Bill was passed in 1866 by 
the Stafford Ministry, which was in power during General Chute's 
devastating march. The Duke of Buckingham announced (15th 
May, 1867), that the Bill of 1865 would be allowed, but that of 
1866 would be disallowed for several reasons. " First, that it 
was so worded as to indemnify not only civil and military 
authorities and persons acting under them, or under the 
authority of the Government, but all and every other person and 
persons whosoever, who shall have done or ordered or directed 
any matter or thing to be done, &c. Secondly, that owing to 
the disjunctive form in which the 2nd and 3rd sections are 
drawn, the destruction of the property of a person suspected to 
be concerned in the insurrection would be covered by the in- 

1 Mr. Stafford drew up a minute to accompany the Acts of 1865. Briefly 
but significantly it mentioned that proceedings commenced and threatened 
against persons, military and civil, necessitated the passing of the Indemnity 
Act. 



INDEMNITY ACTS, 1865, 1866. 365 

demnity given by the Act, even though such destruction may 
have been wanton and reckless, and not inflicted or ordered in 
or about the suppressing or quelling of the insurrection. Thus, 
if a private individual acting under no authority has wantonly or 
recklessly destroyed or ordered the destruction of the property 
of those whom he may have chosen to suspect ... he would be 
protected under the terms of this Act, though such destruction 
in no way directly or indirectly tended to quell the insurrection, 
and though the person whose property was destroyed should 
have proved that he was in no way directly or indirectly con- 
cerned in it. In my opinion the Act should have been limited 
in its phraseology to an indemnity for acts ordered or approved 
by some responsible military or civil authority; and I may 
observe that in this respect the Act of 1866 is far wider in its 
terms than the Act of 1865." If the Governor's advisers would 
limit indemnity to acts done with the view and for the purpose 
of quelling insurrection, or would pass a measure similar to that 
of 1865, the Duke would advise that Her Majesty should not 
exercise her power of disallowance. No graver charge can be 
made against the public men of the colony than is to be found 
in the terms of the Bill which they framed to give indemnity to 
the deeds which they knew to have been done. There was 
little prospect that the Maoris would seek redress in any colonial 
court ; and the Ministry, unable to obtain the indemnity they 
desired, accepted that which the Queen would allow. 1 

There was a war of despatches meantime about the retention 
of troops. Mr. Cardwell cogently, from the first, announced the 
resolution of the Government as to their withdrawal, and cited 
the resolutions of the General Assembly on the assumption of 
office by Mr. Weld. The Colonial Government complained that 
the inactivity of the General delayed the departure of the five 
regiments for whose removal orders had been received. The 
General imputed obstruction to the local government and the 
Governor. To follow the dispute through all its ramifications 
would fill volumes. There is no doubt that the General and the 
Government obstructed one another as to the removal of the 
troops. They disagreed as to the posts where troops ought to 
be retained, and disagreement impeded obedience to orders from 
1 Act No. 39 ; 10th October, 1867. 



366 NEW ZEALAND. 

England. In April, 1865, the Governor and his Ministers 
astounded the General by urging the withdrawal of all Imperial 
land forces. In May, the General suggested withdrawal of 
regiments in a manner to which the Governor with concurrence 
of his Ministers objected. The House of Representatives when 
Mr. Stafford was Premier (28th October, 1865), resolved : " That 
this House, without reference to the general policy of retaining 
the Imperial troops in the colony, and without admitting any 
pecuniary liability to the mother-country on that account, 
desires to record its opinion that under the circumstances stated 
by his Excellency in the printed papers laid before the House, 
and especially having reference to the long inaction of the 
Imperial troops in the immediate neighbourhood of the Weraroa 
pah prior to its capture, his Excellency exercised a sound dis- 
cretion in the course he adopted in protesting against the pro- 
posed removal of a certain number of the troops in May last, on 
the occasion when they were proposed to be removed by the 
General." The history of the time may be read between the 
lines of this resolution, moved by Mr. Stafford in the first 
instance, but amended by Mr. Sewell (a late colleague of Mr. 
Weld), who added the justificatory reference to -the inaction 
before Weraroa. Swelling with independence, yet staggering 
under financial distress ; resenting the imputation that they 
craved military aid to enable them to confiscate Maori lands, and 
yet loth to part with the soldiers ; shuddering at the atrocities 
of the Hau Haus, and wondering that their countrymen in Eng- 
land did not make it an Imperial duty to stamp them out, 
instead of haggling over payment for each man, and keeping a 
debtor and creditor account of all stores consumed, the colonists 
of 1865 needed pity, and would have deserved sympathy if the 
great crime at Waitara, the origin of their woes, had not been 
their own act and deed, set in motion indeed by a Ministry, but 
adopted by the General Assembly. 

A matter which Lord de Grey rated as one of profit and loss 
roused indignation. Major Heaphy of the Auckland Militia 
was recommended as worthy of distinction. General Cameron 
and Colonel Havelock had in 1864 been loud in his praise ; the 
former hoping that the Victoria Cross might be awarded to him. 
Not content with deciding that the Royal Warrant limited the 



EARL DE GREY AND MR. WELD. 367 

distinction to officers of the regular forces, Earl de Grey, as 
if studious to offend, added that the Queen's troops had no 
chance of receiving that substantial reward in land or otherwise 
which was open to servants of the Colonial Government. Mr. 
Weld retorted that the devotion of a colonist was as honourable 
as that of others, and that when debarred from distinction which 
only his Queen could confer, his sense of pain was unnecessarily 
embittered when terms were used which indirectly charged him 
with sordid motives. Earl de Grey, hardly comprehending the 
loyalty appealed to, was perhaps insensible to rebuke. In a few 
years he showed the value of his own patriotism by subjecting 
himself to a foreign yoke ; and those whom he had insulted 
might rest contented in the belief that he had been incapable of 
understanding the true honour of an Englishman. To do him 
justice, it may be added that he was sufficiently acquainted with 
good manners to apologize for the language which elicited Mr. 
Weld's censure. 1 At a later date, January, 1867, a Royal 
Warrant ordained that the Victoria Cross should be receivable 
by colonists or others serving with the regular forces, and Major 
Heaphy received his reward. The absence of rewards in shape 
of land-grants to Imperial officers, on which Earl de Grey 
remarked, was amusingly illustrated in 1866. The Colonial 
Government proposed to confer a grant of land on Dr. Mouatt, 
an Imperial officer, who had for some time controlled the local 
medical staff. The principal commissariat officer thought that 
he too ought to receive a grant,, but the Ministry could not 
recognize his claim. Forthwith he wrote strong but secret com- 
plaints to the War Office against the general management of 
affairs by the Colonial Government. Mr. Stafford coupled this 
secret zeal with the rejection of the application for a land-grant, 
and Sir George Grey demanded that all such applications should 
be made through the Governor of a colony, as had been the 
custom in former time. The commissariat officer endeavoured 
to shelter himself behind a plea that he had made no formal 

1 Mr. Weld was ill at the time. The Under-Secretary, Gisborne, drafted 
the minute. Mr. Weld was loth to appropriate as his own, another man's 
production, and wished Mr. Gisborne to sign it, but yielded to the argument 
that as the minute was to be sent to England it should bear a Minister's 
name. At the present time it is permissible to record Mr. Weld's fine 
feeling. 



368 NEW ZEALAND. 

application, but "joined in giving expression to a very general 
opinion that if Dr. Mouatt received a reward, the head of the com- 
missariat ought to be be similarly treated." The fact that when 
the reward was not given secret charges were conveyed to England, 
in the manner so often complained of, justifies a reference to the 
circumstance, which in itself is unworthy of record. 

The Aborigines' Protection Society urged Mr. Cardwell, in 
May, 1865, to despatch Commissioners "to investigate all ques- 
tions connected with native policy." From Hauraki (the Thames) 
and from Horotiu (Waikato), Maori letters had reached the 
Society urging cessation from war, and abstinence from confis- 
cation. " Hearken ! All the Maoris are agreed on these two 
points ; for the blood of the Europeans is shed in his money, but 
as to the blood of the Maori it is shed on his own land." Mr. 
Cardwell declined to intervene, but the letters were published in 
the colony with his despatch to the Governor. The petitions 
had been translated by Mr. C. O. Davis. Those who desired to 
trample on the Maoris endeavoured to wreak their vengeance on 
him. They caused him to be prosecuted in 1865 for publishing 
a " seditious Maori pamphlet," and for libelling the loyal Arawa. 
The trial lasted several days. Bishop Selwyn was called as a 
witness to testify to the probable effect on the Maori mind of 
the published libel. Maori witnesses were also examined. 
Davis was acquitted. A similar subject cropped up in the 
English press at the same time. Mr. Fox, who was writing a 
book about the war, 1 challenged the Secretary of the Aborigines' 
Protection Society to produce an address to the Maoris which the 
Society had sent to the colony. Mr. F. W. Chesson published 
it with a letter to the ' Times ' in which he said : " A politician 
like Mr. Fox who after vehemently denouncing the Taranaki war 
in opposition, became the fierce supporter of an equally iniquitous 
war when he crept into office and who after filling a blue-book 
with his miserable wranglings with the Governor and seeking to 
initiate a general policy of confiscation which would have added 
tenfold to the horrors of the struggle, was compelled to give way 
to a better man, is not exactly the kind of person who can afford 
to make charges, or to cast imputations upon even the Aborigines' 
Protection Society." The address in question besought the 
1 ' The War in New Zealand.' W. Fox. London : 1866. 



ABORIGINES' PROTECTION SOCIETY. 369 

Maoris to be counselled by Sir William Martin, Bishop Selwyn, 
Archdeacon Hadfield, and other real friends. To this, perhaps, 
no objection would have been made if it had not been known 
that in the teeth of their denunciations of its injustice, Governor 
Browne and his Ministry, and the Duke of Newcastle, had 
plunged into the Waitara war. But there were other passages 
which found no favour. Various newspapers attacked the 
address. A sentence in the ' Times ' will be sufficient to show 
their tone. " It is a monstrous piece of extravagance to say not 
only that these savages have an indefeasible title to all the soil 
of New Zealand, but that they ought to be maintained in posses- 
sion of it for ever, to the obstruction of all colonization. Such a 
proposition needs no contradiction." The 'Times' was thoroughly 
understood by its friends in New Zealand. The 'Wellington 
Independent' declared (Nov. 1865) : "England benevolently 
tells us through despatches, by the voice of Parliament, and in 
the columns of the ' Times,' that we may exterminate the natives 
as soon as we please." The Maoris were not forgotten in the 
New Zealand Assembly. A Native Rights Bill was passed to 
remove doubts as to their position as British subjects. The 
Native Lands Act of 1862 will be remembered as having been 
passed by the Domett Ministry in a different form from that 
desired by Sir G. Grey. The proceedings of the Land Court, in 
ascertaining titles, required confirmation by the Governor ; and 
in 1862 the Duke of Newcastle, professing confidence in the 
Governor, sanctioned the Act, which was only to corne into 
operation in districts proclaimed by him. By the Native Rights 
Act of 1865 the ancient custom and usage of the Maori people 
with regard to title or interest in land was preserved, and the 
Supreme Court was bound to refer questions of Maori title to be 
tried in the Native Lands Court. One great work of the Session 
was the creation of the Court over which Mr. Weld had asked 
Mr. Fen ton to preside. The Native Lands Act 1865, amended 
and consolidated the laws relating to lands where Maori pro- 
prietary rights remained. There was to be a Chief Judge. 
There was to be other Judges and Native Assessors. Like the 
Act of 1862, it recognized the right of natives to sell direct to 
Europeans, and thereby departed from the treaty of Waitangi. 
The shattered Maori rights were to be readjusted, not completely 

VOL. II. B b 



370 NEW ZEALAND. 

but partially. Certain powers of co-operation with the Native 
Land Courts were reserved for the Governor, the juries were to 
be composed of Maoris or Englishmen, and the Supreme Court 
was bound to receive as authoritative the decision of the Land 
Court. The Judges were to hold office during good behaviour 
and not at pleasure of the Governor in Council. Mr. Mantell 
must be mentioned as having taken an honourable part in the 
preparation of this Act, which when he retired was ably con- 
ducted through the House by Mr. Fitzgerald. To Mr. Weld 
also is due the tribute that under his Ministry the Bill was 
prepared by Mr. Fenton, whom Mr. Weld selected for the critical 
post of Chief Judge. To the Native Lands Act Mr. Fenton (the 
Chief Judge), the Pakeha Maori (Mr. Maning, who was appointed 
Judge), and many others, ascribed an advance towards confidence 
and contentment on the part of the Maori race as gratifying to 
their friends as it was surprising to their enemies. It was the 
fruit of much care. The Native Minister and the Attorney- 
General (Sewell) had wisely taken counsel with Sir William 
Martin before introducing it. That good man's efforts did not 
cease with the passing of the Act. When, at the close of the 
session, Mr. Russell became Native Minister under Mr. Stafford, 
Sir W. Martin put forward his views in a manner which excited 
the admiration but did not evoke the help of Mr. Cardwell. 
War should be terminated on terms of cession, not seizure, of 
lands. Until there were Maori Representatives no Bill affecting 
Maoris should be brought forward before a draft had been 
circulated in every district which had accepted English rule, and 
time had been given for petitioning. No Act affecting Maori 
land tenure should be brought into operation until the Royal 
Assent had been obtained and notified in the colony. The 
Public Works Lands Act, and Outlying Districts Act, should not 
be brought into operation. The latter might be tyrannically 
abused. When a supposed criminal had not been surrendered, 
lands could be seized. " Could this appear to the natives any- 
thing but a device for getting land ? " Under the former, land 
could be taken for public purposes without compliance with the 
equitable provisions which in England were a security against 
wrong. Mr. Russell " regretted much to find his views opposed 
to some of those of so good and able a man as Sir W. Martin " ; 



SIR W. MARTIN AND MR. CARDWELL. 371 

Sir George Grey lauded the humanity of public men and the 
forbearance of the General Assembly in dealing with Maori 
rights ; Mr. Cardwell l declined to assume the responsibility of 
desiring that all Acts affecting the natives should be reserved 
for the Queen's pleasure, and Sir William Martin's paper remains 
to excite wonder at the minds which could be opposed to his 
reasoning. While Mr. Cardwell was in Downing Street there 
might be hope of justice. In October, 1865, he had written 
that native affairs were " not placed in the hands of the Local 
Government in any other sense than that in which the affairs of 
the settlers themselves are so placed, and that in cases touching 
the honour or interests of the Crown, the adherence to treaties 
entered into by Her Majesty, and other matters of an analogous 
kind, the Royal power of disallowing Acts is no more abandoned 
in the one case than the other." But who could guarantee Mr. 
Cardwell's continuance in office ? He had succeeded a Newcastle, 
and might give way to a Buckingham or a Granville. The New 
Zealand Settlements Act was again dealt with. Amended in 
1864, it still displeased Mr. Cardwell, who, though he abstained 
from causing inconvenience by immediate disallowance, and 
trusted to the Governor's discretion in administration, considered 
the Act of 1864 unsatisfactory, and held the power of disallow- 
ance in case of need. He desired that the compensation to be 
given to dispossessed natives should depend on judicial decisions, 
and be independent of the concurrence of political advisers 
" reflecting the popular opinion of the moment." The renewal 
of 1865 made the Act perpetual, but fixed the 3rd December 
1867, as the time when the power of the Governor to proclaim 
districts, and reserve for settlement lands forfeited for insurrec- 
tion, should cease. A Native Commission Act (1865) was passed 

1 Mr. Cardwell (26th April, 1866) read Sir \V. Martin's letter with 
great interest, and doubted not that the "forethought exhibited" would 
secure for it the consideration it " eminently deserved." But Her Majesty's 
Government were " not of opinion that the Home Government could profit- 
ably assume that responsibility, or require that delay to occur which would 
be involved in Sir W. Martin's proposal that Acts affecting the natives 
should be reserved for the signification of Her Majesty's pleasure." But 
the Constitution Act of 1852 (15 and 16 Viet. cap. 72) distinctly preserved 
a power for the Crown to guard the natives from wrong ; and the Queen 
was pledged to the treaty of Waitangi. 

B B 2 



372 NEW ZEALAND. 

as a preliminary step towards conferring on the Maori race all 
rights and privileges of British subjects. Mr. Weld introduced 
it. Alluding to the exploits of Mokena Kohere, he said : " No 
words of his could express too strongly what they had owed to 
the loyal natives." The Native Lands Act was hailed by Mr. 
Cardwell with pleasure. The Outlying Districts Act, and the 
amended Settlements Act, were not disallowed at once ; but 
as they were capable of abuse, the power of disallowance was 
held available. On the general tendency of the legislation on 
Maori interests, Mr. Cardwell warmly congratulated the colony. 
Early in the session (9th August), Mr. Graham presented a 
petition from Waharoa, praying that a Commissioner might be 
appointed to investigate the cause of the war. Mr. Brodie had 
a notice on the paper condemning the receipt of communications 
or petitions from natives in rebellion, and Mr. Graham's motion 
for the reception of the petition was discussed. Mr. Brodie (9th 
August) denounced its reception, and reprobated Mr. Graham's 
communications with the rebel chief or rebel race. Mr. Weld 
entreated the House not to repel the Maori when there was a 
glimmering of brighter days. Though the language of the 
petition might be irregular, surely it might be borne with. At 
least, let the House, " before striking, listen." Mr. 'Fitzgerald 
supported the reception of the petition. When it spoke of 
Rangiriri as a murder, its language was poetical Mr. Stafford 
thought it would be a grievous error to make the petitioner 
think that Maoris had " nothing to expect from the sympathy or 
justice " of the House. Mr. Brodie's motion was lost, on division, 
by 16 votes against 2. On the following day the petition was 
received. Waharoa's words were heard. " Mr. Fox and his 
friends have written to Queen Victoria words damaging to my 
reputation, hence my desire that the whole matter may be seen 
into, so that it may be found who is right, and who it is that is 
wrong. Let it be for the law to determine. I agree that some 
Englishman be appointed as arbitrator that is to say, if he is 
an Englishman of good principles, single-hearted, God-fearing, 
and fearful of doing wrong. I consent to point out an arbitrator." 
He would name Sir George Arney, the English Chief Justice. 
He would abide by the arbitration of any one chosen by the 
Queen. He recited his efforts for peace. " Did the law protect 



WAHAROA'S PETITION. 373 

Te Rangitake and Waitara? Did a law protect us, our lands 
and property, at that time ? Were the Europeans whom the 
Governor sent to this island Europeans who drink spirits, 
curse, speak evilly, who make light of those in authority, were 
these a law ? Then did I say, Let me set up my king, for we 
do not approve of the law. But now, O friends, the law of the 
Queen is the law to protect my king and the whole people 
also." . . . 

Sixteen members voted against the reception of a letter called 
a petition written by Te Waharoa, in April, before his submission. 
In it he denounced the conduct of the war. " Look also, Maoris 
have been burnt alive in their dwelling-houses." From a Maori 
point of view, he argued that the war in Waikato had been 
unjust. Twenty-seven members decided to receive this document 
also, and among them were the influential names of Messrs. 
Dillon Bell, Carleton, Domett, Fitzgerald, Fitzherbert, Graham, 
Colonel Haultain, Monro, Sewell, Stafford, and Weld. But 
though they had qualms of conscience with regard to the treat- 
ment accorded to Te Waharoa, neither they nor any men in 
power in New Zealand ever would consent to submit to arbitra- 
ment of reason or law the questions he propounded. Never- 
theless, something was gained in the cessation of violence. 
Amongst other proofs of confidence, returns were laid before 
the Assembly, showing that the number of grants from the 
Crown to Maoris was rapidly increasing. More than a hundred 
were in course of preparation at Canterbury alone. It was but 
a beginning ; nevertheless, with cautious kindness on the part 
of the Government, much might flow from it. 

A complicated dispute about a block of land at Manawatu 
was vainly thought settled to the satisfaction of the natives. 
The Ngatiraukawa and Rangitane tribes on one side, the 
Ngatiapa on the other, had almost been at war. Dr. Feather- 
ston interposed, and battle was averted in 1865, but the dispute 
was to be a cause of future dangers. On the 9th August, Mr. 
Fitzgerald presented a petition from natives at Otaki. They 
hailed a suggestion made to them by him, and asked that 
Maoris might sit in the General Assembly. Subsequently the 
same tribe petitioned that the Maoris might elect representatives 
to sit on the Commission to be appointed under the Native 



374 NEW ZEALAND. 

Commission Act. Mr. G. Graham vainly endeavoured to in- 
corporate with a general Representation Bill special provision 
for conferring the elective franchise on Maoris. Mr. Fitzgerald 
had at the time a notice on the table to provide for special 
Maori government in the northern districts, but the House was 
satisfied with neither proposal. Mr. Vogel became the mouth- 
piece of malcontents, and moved, on the 12th September, that 
the House had no confidence in the Native Minister (who was 
thus attracting the goodwill of Maoris), but the motion was 
negatived without a division. After the retirement of the Weld 
Ministry, in October, another proposal by Mr. Vogel was brought 
forward. Each province was to preserve order, subdue its own 
Maoris, and " enjoy the proceeds of the confiscated lands " it 
might take from the natives. After discussion this premium 
for robbery was withdrawn. 

When (2nd September) the proclamation of peace was issued, 
Mr. Colenso made (14th September) a motion condemning 
omissions from the list of the unpardoned ; but in a fuller House 
the resolution was rescinded on the motion of Mr. Weld. The 
Prince's Street reserve at Dunedin was the occasion of his losing 
friends. Mr. Mantell, it may be remembered, had denounced the 
attempts made to break faith with the beneficiaries under the 
reserve. Mr. Weld (on an Otago Native Reserves Bill) voted on 
the side of justice. He was warned that he would lose supporters, 
and he lost them. Yet the amendment which the majority re- 
jected, and the Government supported, sought to refer the matter 
to the Supreme Court. When Mr. Fitzgerald tried to introduce 
a Bill to authorize suitable government in Maori provinces in the 
Northern Island, the question was shelved for six months, and 
the Government was evidently failing in strength. Mr. Fox 
had resigned his seat in May, declaring that it was useless to 
strive to do good while Sir George Grey was Governor. But 
though freed from the opposition of Mr. Fox, the Ministry was 
unsafe. Mr. Stafford was on the watch to overthrow it. Mr. 
Vogel, in September, on a motion adverse to the financial policy, 
had found a large following in objecting to fresh taxation until 
a new Parliament could be convened. He said in a pamphlet, 
that New Zealand " traded on its weakness in asking England 
for help." The ' Wellington Independent ' called his statement 



RETIREMENT OF WELD MINISTRY. 375 

"a slander worthy of its author." The propositions of the 
Treasurer, Mr. Fitzherbert, involved an expenditure of more 
than 1,500,000. Increase of customs duties and imposition 
of stamp duties were asked for. It was proposed to repeal the 
Surplus Revenue Act of 1858, under which sums were disbursed 
to the provinces ; and to give aid, if at all, by annual votes. 
Each province enjoyed by law the whole of its territorial revenue. 
But to encroach on provincial privileges was dangerous, and 
murmurs loud and deep abounded amongst the members. It 
was resolved to fight to the last against the encroachment. 
The strife culminated in October. The Surplus Revenue 
Repeal Bill awaited a second reading. The Stamp Duties 
Resolutions had, on the 27th September, been carried by a 
bare majority in a house of 42 members. On the 10th October, 
the Government referred them back to the Committee of Ways 
and Means, but only succeeded in doing so by the aid of the 
Speaker's casting vote, in a house of 40 members. Provincial 
jealousy diminished the scanty adherents of Mr. Weld still more 
on the llth October, when, on a motion by Mr. Vogel, "that 
in the distribution of the provincial revenue the stamp duties 
be placed on the same footing as the customs duties " (of which 
three-eighths fell to the share of the provinces), the Treasurer 
had only 16 supporters. Though the Speaker, on constitutional 
grounds, gave his casting-vote against a resolution which, with- 
out a recommendation from the Oiown, appropriated revenue 
by anticipation, Mr. Weld accepted the result as a practical 
defeat. He had declared that the question was vital, and the 
division indicated an absence of "that hearty support which 
would alone justify " Ministers in adhering to their responsibility 
in the critical condition of affairs, and which would guarantee 
success in their " policy of self-reliance and self-defence." To the 
Governor he expressed their "deep sense of the cordial co-operation 
always afforded them during their term of office." In the name 
of the provinces, which he was afterwards to be the chief means 
of destroying, Mr. Vogel extinguished Mr. Weld. But as yet he 
was pulling chesnuts out of the fire for others. Mr. Stafford 
carried off the spoils. Mr. Weld's friends vainly entreated him 
to remain in office. Public meetings were held, and there was 
general discontent at the prospect of a Stafford Administration 



376 NEW ZEALAND. 

Some to whom he applied for assistance declined to serve with 
him. Mr. Crosbie Ward, an old colleague of Mr. Domett (al- 
though in controversy with Mr. Weld at the time), was proof 
against all entreaties, and Mr. Stafford was fain to patch up a 
Ministry in which he held three offices, while Messrs. Haultain, 
Russell, and Paterson, held the remainder. The Representatives 
deemed themselves entrapped into sanctioning an Administration 
controlled by Mr. Stafford. 

Mr. Weld, though in ill-health, addressed the electors at 
Christchurch. The Town-hall was crowded to excess. It was 
resolved that he was the most fit person to represent Christ- 
church. He accepted the invitation, and wrote a farewell 
address to his constituents at Cheviot. But in January his 
medical advisers forbade a continuance in public life ; and 
hoping that his " errors of judgment or temper might be for- 
given," and fervently thanking his friends, to whom he con- 
fidently left the trust of his political honour, and the triumph of 
his principles, he passed from the parliamentary arena of New 
Zealand. His self-reliant policy elicited compliments from the 
London ' Times,' and from public men. Mr. Cardwell, in Decem- 
ber, 1865, specially impressed upon Sir George Grey that the 
Home Government having accepted that policy as embodied in 
the New Zealand resolutions of December, 1864, intended to 
adhere to it. When his despatch was published in New Zealand, 
the 'Canterbury Press' (25th April, 1866) declared that the 
deserted Mr. Weld was stronger than his treacherous sup- 
porters ; " he is driven from office but carries his policy. Mr. 
Stafford holds office but abandons his policy ; all that he op- 
posed is carried ; all that he proposed is abandoned." Mr. 
Fitzgerald also disappeared from New Zealand Cabinets. A 
letter from him to Sir C. Adderley l may properly be cited : 
" I venture to think that during the two months I held office 
the colony has asserted some of the most important principles 
which lay down fixed bases for the guidance of our future policy. 
A Bill for enabling the Governor to appoint a Commission of 
Natives and Europeans to inquire how the natives may best be 
represented in the General Assembly, shows how widely the 
feeling of the colony has changed since 1862, when, amid general 
1 PubliHhed in the London 'Times,' 20th December, 1865. 



MR. FITZGERALD ON MAORI AFFAIRS. 377 

laughter, I first proposed the adoption of this principle. A Bill 
of still greater importance has declared that all Maoris are 
British subjects, entitled to all the privileges and protection of 
British law ; and as a great practical result it enables a Maori 
to bring an action into the Supreme Court, in respect to native 
lands. The monstrous doctrine that the Maoris were compelled 
to obey the law, and could be tried and executed by our courts 
for crime, while at the same time we refused them the assistance 
of our courts to defend their property, is now, thank God, for 
ever 1 expunged from the jurisprudence of this colony. We 
have, then, constructed an elaborate machinery for trying cases 
of native title to land by a Native Lands Court, and enabled 
the Supreme Court to use this machinery by sending down 
cases to it for trial." A Police Bill which authorized the taking 
of lands from a tribe which might shelter a murderer would 
provide necessary police funds. Summing up what had been 
done, the writer added : " These are measures which I am very 
glad to have had some share in during the short time I have 
been in office, and which, if faithfully carried into action, will, I 
believe, change the whole features of the Maori question." Men 
who carried such measures had a right to exult in the change. 
The student of history must remember that Sir William Martin, 
who was consulted in their preparation, had cried vainly for 
some such measures in the past, when no man in office would 
regard wisdom. Mr. Fitzgerald did not retire from the political 
arena. He stood for Christchurch, and vigorously assailed Mr. 
Stafford's Ministry. It is impossible to refrain from quoting 
sentences which bear upon the Waitara war. He had never 
differed from Mr. Weld except on the Waitara question. He 
had " distinctly one view, and I took distinctly the other. I 
devoted myself with no ordinary amount of labour to master 
that great question ; for I saw that it was the great question of 
New Zealand. ... I read and studied every paper . . . and I 
came to the conclusion . . . the more honest that it involved a 
separation from those whose opinions I valued more than those 
of any men in the colony . . . that the Waitara purchase was a 

1 Mr. Fitzgerald can hardly be blamed for not foreseeing the violence 
done and the justice denied to Maoris by the New Zealand Government in 
1881-2. 



378 NEW ZEALAND. 

bad one ; and secondly, that even if it were a good purchase it 
was one for which it was extremely unwise to plunge the colony 
into war." l The meeting resolved unanimously to send " the 
first orator of New Zealand " to the Assembly. Mr. Stafford's 
course was troublous when he took office. Rumours were rife 
that he had obtained a promise of a dissolution, whether supplies 
were granted or not. Mr. Fitzgerald brought the question 
before the House. Another of the Weld Ministry, Mr. J. C. 
Richmond, put a similar question in the Council. Colonel 
Russell replied, that "No proposal was ever made by Mr. 
Stafford to his Excellency to dissolve the Parliament before 
the supplies were asked for." Thereupon a statement from Mr. 
JPharazyn was produced, declaring that after he had positively 
refused to accept office, Mr. Stafford said, " he wished it to be 
generally known, that under no circumstances could the House 
turn him out, as in the event of a refusal to grant supplies, he 
had the power of dissolving without this having been done, and 
was determined to use it and appeal to the country. He did 
not wish to use this as a threat, and it would be highly improper 
to make the statement in the House, but he wished Mr. 
Pharazyn to make his determination known, in order to pre- 
vent factious opposition." The statement was entered in the 
Journals, and communicated to the Governor, as materially affect- 
ing . " the principles upon which the Government of the colony 
is established." Indignation was fruitless. Unprepared for con- 
sequences, a majority had weakly deserted Mr. Weld in haste,. 
and was compelled to repent at leisure. The Governor signified 
his acquiescence to the making of any explanation which his 
advisers thought proper; but his advisers were content with 
their seats. Mr. Sewell, in Committee, inserted in a Bill to 
control public expenditure, a clause imposing penalties upon 
any member of the Executive Council advising, or threatening 
to advise, during a session, prorogation or dissolution of the 
Assembly while supplies were unprovided, but on the following 
day, when some of Mr. Sew ell's friends were absent, the 

1 Mr. Fitzgerald said : (Had our Native Lands Acts been) " law during the 
Waitara purchase, if Te Kangitake could have gone to the Supreme Court 
to try his cnse, there would have been no need of war. We should have 
tutve<l millions of money." (The meeting cheered him.) But the lives 1 



NORTH AND SOUTH. 379 

noxious clause was struck out, and Mr. Stafford remained 
master of the situation when the Assembly was prorogued on 
the 30th October. 

Separation of the islands into two colonies had been seriously 
discussed. In September, Mr. Russell moved that existing 
liabilities should be equitably adjusted, and Cook's Strait be 
made a boundary between two separate colonies. Mr. Weld 
opposed, and the motion was rejected by 31 votes against 17. 
From Auckland a petition to the Queen signed by nearly all 
the European settlers had prayed that a separate colony might 
be created there. The Weld Ministry strenuously opposed this 
project, and sent a counter-petition from Hawke's Bay where 
the inhabitants unanimously differed from their Auckland 
brethren. Sir George Grey had hinted that some arrangement 
by which the Imperial Government could exercise control over 
native affairs in the north until a reconciliation could be effected 
between the two races seemed essential. His advisers did not 
agree with him. The north was ill-pleased with the results of 
the session of 1865. The Provincial Council protested against 
the new Electoral Act which gave a majority to the south in the 
House of Representatives. A similar majority existed in the 
Council. Auckland prayed that it might *" no longer be subject 
to southern legislation." The southern colonists were "practi- 
cally not liable to military service," not exposed to danger, and 
being " ignorant of native affairs," might afflict the north with 
war. Mr. Whitaker, elected Superintendent of the province in 
1866, sent a special petition to the Queen at a later date, but 
Mr. Stafford was as hostile as his predecessor, and Mr. Card well 
held out no hope to the Provincial Council. In a tone almost 
complaining he said it was " no easy task to retrace the steps " 
deliberately taken in establishing the existing Government. 
An ineptitude, rare in his despatches, suggested that local 
legislation might meet the emergency. Auckland was like a 
lamb remitted to question with the wolf. The English lion was 
weary of blunders some of which were his own. No folly is 
more conspicuous than his who thinks that power over other 
men's fortunes will willingly be resigned. Yet men continually 
hug the belief that they can hoodwink crowds, and seduce them 
into acts which would be like loosening the fastened fangs of a 



380 NEW ZEALAND. 

wild beast. The north was powerless. But the south was only 
entering upon the heritage which numbers gave it. It com- 
plained that it was dragged behind the car of Auckland 
necessities. In an elaborate address to his Dunedin con- 
stituents in 1866, Major Richardson (Mr. Weld's recent colleague) 
declared : " The fact is that the south has been bound over 
hand and foot to colonize Auckland." The expectant south had 
not long to wait. 

The Hokitika gold-fields had been discovered early in 1865. 
The sceptre was passing into the hands of the gold-seeking 
adventurers, who had flocked from Australia to the Middle 
Island ; and already one of them was scenting his prey, although 
Mr. Stafford had not included him amongst his colleagues in 
1865. 1 There was a " Northern Association of New Zealand" 
Committee in London which strove to strengthen the hands of 
the Auckland secessionists ; but Mr. Cardwell gave them no heed 
except by rebuking their vehemence. Mr. Stafford had not 
allowed the session to close without laying down principles to 
control the Auckland territory. As adopted finally they as- 
serted that, subject to certain conditions, the confiscated lands 
in the province should be transferred to the provincial administra- 
tion for purposes of colonization. The General Government 
retained control in settling the loyal natives, and those who 
might " desire to accept the Queen's authority and take grants 
from the Crown." The province was to be liable for all sums 
expended for its advantage under the New Zealand Settlements 
Act. After discharging such liabilities, the province was to pay 
to the General Government, out of the proceeds of confiscated 
lands, 2s. Qd. per acre, and was to provide all compensation 
awarded to natives (by the Compensation Court) under the 

1 Mr. Vogel, in December, 1865, proposed a characteristic plan for deal- 
ing with " the magnificent land acquired from the natives " ; viz. to submit to 
a lottery a million of acres, valued at 2 an acre. There were to be 6121 
lots, varying from one of 100,000 acres to 4200 of 50 acres. The profits 
of the raffle were to be expended on immigration, and 18,870 steerage 
and 170 cabin passengers were expected. " Winners of land not using their 
privileges" within a time to be stated were to forfeit them. Though the 
plan reeked of an atmosphere to be found between Shoreditch and White- 
chapel, the immigrants were to be moral, the " settlements model," and no 
difficulties were anticipated with the Maoris. 



MR. STAFFORD'S TERMS WITH THE NORTH. 381 

Settlements Act, or required to compensate Auckland settlers 
for losses in the war. Further, the province was, after recouping 
the sums spent by the General Government on military coloniz- 
ation and Waikato immigration, to " engage to spend " the whole 
of the receipts " from confiscated lands in colonizing and other- 
wise for the general advantage of the confiscated districts." 
Auckland did not accept these terms without negotiation. In 
January, Mr. Whitaker extracted from Mr. Stafford a promise 
to invite the General Assembly to raise 250,000 as a loan to 
the province to enable it to undertake the cost of colonizing the 
confiscated lands, and in February, 1866, the Provincial Council 
on the recommendation of Mr. Whitaker concurred with the 
proposed terms. Amidst the melancholy proofs of the folly as 
well as wickedness of the act at Waitara, returns showed that in 
1864- more than 130,000 acres were sold in Wellington, nearly 
60,000 at Hawke's Bay, and a like number in Auckland, while 
in the Taranaki province there had been no sale at all. The 
Council had (25th October) in spite of ministerial opposition 
remonstrated against the retention of the Imperial troops at the 
rate of pay (40 per man) sought to be imposed. A colonial 
force would be more effective, and Great Britain would be 
relieved from a useless expenditure. Mr. Stafford was unwilling 
to attach importance to the remonstrance. He assumed a virtue 
in not having by new creations swamped the majority in the 
Council. A Representative Bill had been passed, a new Parlia- 
ment was to be assembled, and he submitted to the Governor 
that all the arrangements which he found in operation on 
accepting office ought to remain undisturbed. He declared that 
the colony was as incapable of raising the force contemplated by 
Mr. Weld as it was of paying the " 40 a-head demanded in 
respect of the Imperial troops," and this ojainous declaration 
was transmitted to England to intimate that the colonial 
contribution would be made a matter of dispute. The work 
of the troops was done. They had conquered Waikato, and 
could be dispensed with. The ' Wellington Independent' (18th 
November, 1865) did not hesitate to say : " Mr. Stafford's policy 
is to back up the Governor in keeping the Imperial troops 
as long as possible, and ultimately to refuse to pay for their 
services." When Mr. Stafford took office the return of one 



382 NEW ZEALAND. 

regiment had been arranged, and four others were sent away, at 
intervals, in 1866. Despatch after despatch from England com- 
plained of the delay. Early in 1866 the current of thought in 
New Zealand concerned itself chiefly with the correspondence 
about the withdrawal of troops and financial affairs. War was 
virtually at an end, but the cost of it was draining the resources 
of the colony. The withdrawal of the troops would diminish 
the private gains which accompany the supply of provisions and 
stores of an army. The quarrel between the Governor and the 
General was still furnishing occupation for talkers, and filling 
reams of despatches. It is necessary to bear in mind that till 
the new Parliament assembled in June, 1866, all minds were 
intent mainly on these topics. In January, Mr. Stafford 
elaborately described the state of the colony. The ordinary 
revenue from all sources was 738,000. l The estimated ex- 
penditure was 1,121,000 for the year. Resort was made to 
the loan to supply deficiency of revenue. Native wars were 
responsible for 3,396,000. The balance estimated to be due 
to the Imperial Government was 503,000. The sums due for 
advances from the commissariat chest were large, and there 
was a dispute as to the amount. There were counter-claims 
also for advances from the Colonial Treasury for Imperial 
purposes. On the suggestion of the Treasury, Mr. Cardwell 
advised that an officer should be appointed in the colony to 
examine the accounts with the Commissary-General, Mr. Jones. 
To the assumption that the 500,000 in colonial debentures 
could be handed at par to the Imperial Treasury, Mr. Cardwell 
would by no means agree. The debentures were in the market 
" at a discount of nearly 20 per cent." Nothing seemed to be 
touched in New Zealand which was not a fruitful source of 
disagreement. When Mr. Cardwell, in November, 1865, received 
the peace proclamation of September, and the financial state- 
ment of Mr. Fitzherbert indicating that the capitation charge of 
40 for each soldier would not be proposed to the Assembly, 
it was at once ordered that the troops in the colony should be 
reduced to three battalions of Infantry and one battery of 
Artillery, and these were only to remain on request of the 
Colonial Ministry and provision for the local capitation charge. 
1 Only sums exceeding 1000 are included in these figures. 



GENERAL ELECTION IN 1866. 383 

They were not to be employed in protecting land taken from 
rebels, nor to be left in distant and isolated posts. When Mr. 
Weld's resignation was announced, Sir George Grey was em- 
phatically informed by Mr. Cardwell that no change of Ministry 
would affect the decision of the Home Government. The 
correspondence respecting the Weraroa pah and General 
Cameron exacerbated the instructions on the removal of troops ; 
and when in the end of 1866 the Earl of Carnarvon endeavoured 
to intimidate the Governor, the confusion into which affairs had 
been thrown could hardly have been more confounded. The 
wrongs of Te Rangitake in 1860 had been bitterly avenged 
upon the colonists, who had been plunged into the Waitara war 
by the Stafford Ministry as light-heartedly as the French were 
ushered into the Franco-German war in 1870 by Emile Ollivier. 
Among the matters for which Mr. Weld's Government took 
credit in the session of 1865, was the arrangement of terms for 
conveyance of mails by Panama. A foolish jealousy has some- 
times beset the Australian colonies on this subject. Instead 
of determining that mails from Europe shall be brought by that 
which is, on the whole, the most regular and economical con- 
veyance, they have vexed themselves and the postal authorities 
in England by struggling to obtain the sentimental " mana," or 
importance of having the terminus fixed at their capitals. For 
New Zealand there was some excuse, as her easterly position 
made it probable that letters carried through America from 
England -would arrive in less time" than those taken by Suez. 
Mr. Weld incurred disfavour at Auckland by fixing the port of 
call at Wellington, but he gained approval at Otago which was 
brought closer to the coveted privilege. 

Early in 1866 writs for election of a new House of Represent- 
atives were issued by the Governor. The old names notable 
in New Zealand reappeared among the three-score-and-ten 
members, on the 30th June. Sir David Monro, member for 
Cheviot, again became Speaker. The questions of war and 
finance pervaded the Governor's speech. Disturbance was 
almost at an end. Remnants only of hostile bands were at 
large on the west coast. Some of the ringleaders captured had 
been "temporarily removed, in 1866, to the Chatham Islands," 
and " the hope of return was held out to them as soon as the 



384 NEW ZEALAND. 

suppression of the rebellion and their own good conduct might 
seem to justify the Government in restoring them to their 
homes." 1 Murderers had been dealt with by the ordinary 
tribunals. The majority of the captives had been restored to 
liberty. The troops were in course of removal, and there were 
districts for which the Assembly would have to provide force 
sufficient to maintain Her Majesty's authority. It had been 
found necessary to appoint a Commission to report on the Civil 
Service. The tariff was to be revised, and stamp duties the 
test which had been fatal to Mr. Weld were to be imposed. 
Several new members had been appointed in the Legislative 
Council, which was thereby enlarged to thirty-five members. 
With a few amendments in the Council, and with none in the 
Lower House, the friends of the Ministry carried addresses in reply 
to the Governor's speech, and Mr. Stafford was firmly seated if not 
entirely trusted. His manoeuvres in 1865, and his assumption 
of virtue in not having overborne, by new creations, the majority 
in the Council, were not forgotten. Colonel Whitmore carried, 
without a division, a resolution that the number of members in 
the Council ought not to exceed thirty-eight, with a proviso 
that once, nevertheless, during a session two additional members 
might be appointed to represent a Government. Subsequent 
vacancies by death or otherwise were not to be filled up, except 
to maintain the normal number. A Bill to give effect to this 
resolution was passed, and sent to the other House. There 
it encountered the jealousy which springs from self-worship. 
Though read a second time it was strangled in Committee ; a 
majority, which in justice to the House must be admitted to 
contain no names of repute, determining to report progress 
without asking leave to sit again. A ludicrous proposition was 
made by Mr. Vogel, viz. that after repeated disagreement about 
a measure, the Governor might summon to the Council the 
Representatives, who were to be competent to pass the disputed 
measure but to be otherwise powerless when seated amongst 
their victims. 

It may be assumed as a fact, recurring with almost the 
regularity of physical laws, that inferior minds in one house will 

1 Speech of Native Minister (A. H. Russell) in Legislative Council, 26th 
July, 1866. 



RECONSTRUCTION OF STAFFORD MINISTRY. 385 

view with disfavour whatever tends to strengthen the position 
of the other. As the power of the purse of itself gives pre- 
dominance, and as it is, in all imitations of the British Parlia- 
ment, placed chiefly in the hands of the House which most 
largely represents ignorance, it follows, almost as night the day, 
that the power will be sought to be abused, if not converted 
into tyranny. In quiet times the salutary influence of a 
Governor may secure serious consideration in appointing senators 
for life. When pressure comes he cannot, without locking the 
wheels of the State chariot, bring influence to bear. 

There was warrant for Colonel Whitmore's caution. Already 
Sir John Young (afterwards Lord Lisgar) had, in 1861, consented 
to overbear the Legislative Council in Sydney by a wholesale 
creation of members. Circumstances over which neither he nor 
his Ministers had control doomed his disorderly procedure to 
failure, but with the rapidity with which discreditable doings in 
one colony are proverbially heralded in another, the daring act 
attempted in New South Wales had been bruited in New 
Zealand, and it was natural that securities should be demanded 
against similar violence. That they could not, even in placid 
times of legislation, be obtained, furnished a warning to all who 
are inclined in weak moments to subject themselves to the 
possible tyranny of others. Mr. Stafford was not confronted by 
serious opposition in the Council ; but on the 15th August the 
Representatives, by 47 votes against 14, resolved that his Ministry 
did not possess their confidence. He was less sensitive than his 
predecessor, and being again entrusted with the task of forming 
a Ministry, resorted to the device of securing Mr. Fitzherbert 
as Treasurer on the 24th August, 1866. Nor was Mr. Weld's 
Treasurer the only one of Mr. Weld's colleagues who enlisted 
under Mr. Stafford. Major J. L. C. Richardson and Mr. J. C. 
Richmond accompanied him in his return to the piebald Ministry 
which Mr. Stafford thus created, and which contained active 
members of the conspiracy which defrauded the Maoris of their 
reserve at Dunedin. A former colleague of Mr. Weld was still 
discontented with the guidance of Mr. Stafford. On the 24th 
September, Mr. Fitzgerald moved resolutions which, while 
reaffirming the resolutions of December, 1864, on the duty of 
the colony as to internal defence, declared that the whole of 

VOL. II. C C 



386 NEW ZEALAND. 

the military should be under the control of the Civil Govern- 
ment, and that its duties ought not to be measured by the 
amount of military force which the Home Government might 
choose to maintain in the colony. Mr. Stafford having added 
words to the effect that the House was prepared " to provide 
sufficient means for defence," the resolutions were shelved by 30 
votes against 21, the Government voting in the minority, while 
Mr. Whitaker, Dr. Featherston, and Mr. Crosbie Ward were in 
the majority. 

It was no Pharaoh who had bound the colonists to their task ; 
but it was not made easier for them because self-imposed. 
They had determined to make bricks without straw, and were 
aghast at the work they had to do. Thus it was that they 
could not speak intelligibly on Mr. Fitzgerald's resolution. 
Similarly when Mr. Whitaker, earlier in the session, proposed 
resolutions for remodelling the government of Auckland, the 
Representatives went into Committee upon them, and went out 
again agreeing upon nothing. After a week of futile discussion 
the Speaker resumed the chair. Two financial statements were 
made within one month. Mr. Jollie, who had become Treasurer 
in June, made a statement on the 8th August. A vote of want 
of confidence, moved by Mr. Moorhouse, the Superintendent of 
Canterbury, was passed on the 15th by a large majority. Mr. 
Stafford, to propitiate the House, made room in the Ministry for 
three of the gentlemen whom he had driven from office a few 
months previously. Mr. Fitzherbert, having reassumed the 
control of the Treasury, made his financial statement on the 
5th September. Some reduction of expenditure was proposed, 
and the maintenance of an armed constabulary rather than a 
rudimentary army was declared to be the policy of the recon- 
structed Government. Mr. Fitzherbert did not propose to deal 
in 1866 with his fonner stumbling-block The Surplus Revenue 
Act but hinted that in a future session, the partnership in 
revenue between the General and Provincial Government would 
require to be dealt with. The provincial share (three-eighths) 
of the Customs revenue was estimated at 318,750. Three days 
before the session was closed, Mr. Jollie proposed a reduction, 
but failed to convince his fellow-members. A Stamp Duties 
Bill was passed, and was expected to produce 50,000 a-year. 



WAHAKOA AT WELLINGTON. 387 

The confiscated lands were made a subject of inquiry early in 
the session, on the motion of Colonel Haultain, the Minister 
for Colonial Defence. A Select Committee reported that in 
Taranaki, 1,144,300 acres; in Wellington, 200,000 acres; in 
Auckland, 1,911,437 acres, had been confiscated. Though in- 
structed to report upon "the best mode of disposing of land 
available for settlement," they refrained from doing so. The 
computation of the extent and value of lands at Waikato was 
intricate and complex, and at Waikato and Tauranga the lands 
had on certain terms been handed over to the Provincial 
Government. At Opotiki, though 480,000 acres had been 
seized, about half must be restored to the Maoris, of whom 
about half had remained loyal ; and, deducting 25,000 acres for 
military settlers, and assuming much to be unavailable for 
settlement, there would remain _about 25,000 acres of choice 
land to be disposed of. 1 

The Ulysses of the Maori nation kept faith with the Governor. 
The promise made at Hamilton by Te Waharoa the king-maker 
was redeemed. Sir G. Grey enabled him to appear without 
ignominy, for he arrived at Wellington as a guest on board of 
H.M.S. ' Esk,' prepared to give information which might lead to 
legislation on Maori affairs. On the 10th August, Mr. Fitzgerald 
presented to the Representatives a petition from him. They not 
only did not hesitate to accept it ; they allowed it to be referred, 
without previous notice, to a Committee, consisting of Colonel 
Haultain, Mr. Whitaker, Mr. McLean, Mr. J. C. Richmond, Dr. 
Featherston, Mr. Dillon Bell, Mr. G. Graham, and Mr. Fitzgerald. 
His petition was lengthy. The writer had been dwelling " at 
his place great darkness and sorrow of heart," brooding over 
the woes of his country. The Governor had made soul and body 

1 In 1867 a return showed that 87,000 acres at Opotiki were given to the 
gallant Arawa tribe who had fought for the English. The Crown Agent 
reported of 58,000 acres, "Act not enforced." Of 96.000 acres "given 
back to rebels," he said : " The giving back is but nominal, for the natives 
would not have given it up. But I was required to make the best arrange- 
ment I could." The balance in the hands of the Government, in June, 
1867, was 151,000 acres. N.Z. P. P. 1867 ; A. No. 18. In the s;ime return 
Mr. Parris reported that to the hero of Waitara, Te Rangitake, had been 
restored 25 acres in the Waitara township. In the Taranaki district loyal 
natives had received 134,000 acres ; military settlers, 106,000 ; rebel natives, 
33,000. 

C C 2 



388 NEW ZEALAND. 

rejoice by advising recourse to the Parliament, which had power 
to lift an exceeding great weight. Two wants caused anxiety. 
" 1. That some measure be devised to straighten those curvatures, 
by reason of which we all fell into error. 2. For Waikato to 
be given back to me." He dilated on the first, recounting the 
evils which brought about and continued the wars. He had 
throughout sought peace, and condemned savage practices. But, 
" O friends, because of this did I fully consent to the fighting ; 
because of my women and children having been burnt alive in 
the fire, which was suffered, rather than the edge of the sword, 
to consume their flesh. I would not have regarded it had it 
been only the men." For himself, since first "we embraced 
Christianity, when my tribe sought (utu) payment for our dead 
who had fallen, I did not give my consent. Then I said, ' Stop ; 
strive to repay in a Christian manner. Let peaceful living be 
the payment for my dead.' They consented. I then drew all 
my enemies to me : they all came, not one continued a stranger 
to me, but all became related to me in the bonds of Christian 
fellowship. Then I said, ' What a good payment (utu) this is for 
those that are dead, this living peacefully.' " The king movement 
had fostered peace among Maoris, and therefore he had supported 
it. " Follow, O Assembly, after me, and measure my steps from 
the beginning up to the present day. Weigh also my words 
from the first until now, for everything is weighed ; articles of 
food are weighed, and clothing is sold by measure. Land is also 
meted out, and should the mind of man not be weighed ? Will 
it not be measured to discover its weight and dimensions ? " 
On the restitution of Waikato he wrote only the words 
quoted already. He gave evidence, and the Committee recom- 
mended that his petition should be referred to the Superin- 
tendent of the Auckland province. On other Maori petitions 
also they reported with some kindliness. Wi Tako, to whom 
the English owed so much, was a petitioner on the subject of a 
Compensation Court decision, and was advised as to the procedure 
he should adopt. 

The vain striving of an aboriginal race against the vices which 
aocompany European civilization found a faint echo in a petition 
from six members of the Arawa tribe, who prayed that a house 
for the sale of spirituous liquors might not be " suffered to be 



WAHAROA. 389 

established within the Arawa territories." The effort to confer 
electoral privileges and representation on the Maoris found no 
record in the Statute-book of 1866 ; but some of the earnest- 
minded were labouring to bring about a consummation so 
devoutly to be desired, as the acceptance by the natives of the 
rights of British subjects after they had been deprived at the 
point of the bayonet of their own. But the Assembly was not 
idle. In three months no less than 92 Acts were passed. The 
Settlements Act was again amended. The Native Lands Act 
of 1865 was supplemented. Waste Lands Acts for Otago, 
Canterbury, and Auckland gave powers to the provinces in 
dealing with lands. Various enactments dealt with Treasury 
bills, and with provincial debts. The Wellington Land Purchase 
Loan Sanction Act sanctioned a loan to the Wellington province 
to enable it to purchase from Maoris, at a cost of 25,000, the 
Manawatu block, the titles to which had long been and were 
to continue in dispute. Gold-fields, Civil Service, distillation, 
carriers, inn-keepers, oyster fisheries, registration of electors, 
and various other persons and subjects furnished titles of Acts, 
some of which, as usual in self-governing colonies, were almost 
verbal transcripts of Imperial statutes. 

Te Waharoa, after his long estrangement from the English, 
must have pondered long over the restless activity of the 
members of that which his countrymen had called "the English 
Committee." No subject seemed too large for its power, nothing 
too small for its notice. With English blood and treasure, and 
the help of native allies, the hostile Maoris had been put down. 
The thoughtful chieftain must have speculated whether the 
repugnance to tradition and rude want of reverence, which 
characterized the Representatives, might not in the end lead 
them to trample on the authority of the Queen. Already some 
of the early servants of the voracious New Zealand Company 
had been in power. One of them, Mr. Fox, had been chief 
Minister in 1861, and in 1863, with a fellow-lawyer, Whitaker, 
had made demands of confiscation which the exile of whole 
tribes would not have satiated. Then, the Governor and Mr. 
Cardwell had campelled Mr. Fox to yield; but in 1866 a new 
order of things had arisen. Mr. Stafford, the head of the Ministry 
which brought about the great injustice of Waitara, was again 



390 NEW ZEALAND. 

in power. The enemies of the Maori seemed ever able to crawl 
into office. In published despatches and speeches in England 
it had been confessed that Her Majesty's Ministers disapproved 
of much of the confiscation policy which they shrunk from 
restraining. Te Waharoa was familiar with Scripture, and was 
now brought face to face with a rod which was thus swallowing 
up its opponents. Old Maoria was passing away. The "korero" 
of tribes had ceased to be a power in the land. The Parliament 
of the Pakeha had become, if not an object of respect, an 
irresistible engine for good or evil. Te Waharoa went back to his 
own place, whither most of his tribe had been permitted to 
return, and died in a few months. His friends said he was 
broken-hearted. His detractors looked upon his death only as 
the fall of an additional leaf from the tree which civilization 
was with propriety destroying. Honourable, kind, peaceful, and 
Christian, he had yearned for the happiness of his people. He 
had striven with equal honesty against the inexorable Rewi and 
the machinations and injustice of English colonists. He had 
been maligned on both sides. After Rangiriri he had laboured 
for peace. In Maori manner, he sent the General a token of 
submission his mere. But for the vanity of Mr. Fox, perhaps 
peace might then have been secured. When General Cameron's 
overwhelming forces marched up the valley of the Waikato, 
the baffled king-maker retreated from stronghold to stronghold, 
finding no refuge, and bitterly complaining that professing 
Christians burned women and children in Maori whares at 
Rangiaohia. " Leave it to be for England," he said, " to adopt 
the putrefactions of my ancestors, viz. killing women and 
children, and burning people alive in their sleeping-houses. The 
Maori people assented to me, and what I said to them." It was 
long before he could see a way of reconciliation. The recurrence 
of the Hau Hau fanatics to the wild orgies in which cannibalism 
was not a cruelty, but a rite, was soon followed by his submission. 
Sir George Grey did what he could to smooth the way. The 
tidings of the death of the chief caused one of those kindly 
messages which have often touched the hearts of Englishmen. 
" The Queen desires that his tribe may be made aware that she 
laments the loss which they have sustained. She hopes that the 
example of his self-control, and the wise advice which he has 



DEATH OF WAHAROA. 391 

bequeathed to them, will lead them to forget the contest which 
is past, and to unite with their European fellow -subjects in those 
peaceful pursuits which will best ensure their own comfort and 
improvement, and promote the prosperity of their common 
country." Such a message, was worthy to be the chieftain's 
epitaph. The friend of mankind will part with the noble career 
of Te Waharoa with admiration and regret. Amongst the many 
actors in stirring times, on him no reproach can truly be cast 
From the time when, as Tarapipipi, in 1844, he enforced resti- 
tution at Remuera, until he died, receiving such tardy assistance 
and comfort as Sir George Grey's Government afforded him, he 
is seen as the embodiment of Christian virtue in a Maori noble- 
man. He failed to redress his country's wrongs ; but, it may be, 
that success was- impossible. After the Duke of Newcastle had 
sanctioned the robbery at Waitara, it could hardly be hoped 
for. Te Waharoa's example, nevertheless, justified the grant of 
representation of the Maori -race, which Sir G. Grey lived to 
see accomplished, albeit scantily, in 1867. The enemies of Te 
Waharoa strove to assail his character by citing the letter in 
which he announced that the invasion of Waikato compelled 
him to arm in self-defence, and by asserting that he subse- 
quently joined the Hau Hau fanaticism. His letter seemed to 
imply that he would not spare the unarmed ; but no deed of his 
conformed to the letter. On the contrary, wherever his influence 
was great, chivalrous courtesy to. the wounded, as at the Gate 
Pah, prevailed. In a pamphlet published by Mr. Sewell in 1864 
(in Auckland), the author stated that he had been assured by 
Archdeacon Brown that the expression in the letter was " idiom- 
atic, and that the meaning intended to be conveyed was this : 
' I have determined to join the war-party. I am going to fight. 
The native practice in war is to spare neither unarmed people 
nor property. You therefore are in danger, and I warn you to 
go.' " During Waharoa's last illness no Pai Marire ceremony 
was tolerated near him. He ever carried with him his Bible ; 
and, so long as he had strength, he read it. When moved from 
place to place, his tribe as they raised him prayed thus : 
" Almighty God, we beseech Thee to give strength to Te 
Waharoa while we remove him from this place. If it please 
Thee, restore him again to perfect strength ; if that is not Thy 



392 NEW ZEALAND. 

will, take him, we beseech Thee, to Heaven." In fine, when Te 
Oriori asked, " What shall I do, and the Maoris, your children, 
when you are dead ? " the dying chief, with the Bible in his 
hand, replied : " You must stand by the Government and the 
law ; if there be any evil in the land, the law will make it right." 
Tt could not be said that his peaceful and pious professions were 
born of weakness. He had ever shown the same tendency. His 
father, though he invited missionaries to his territory, abandoned 
none of the ferocity of the national cult. But it was otherwise 
with the future king-maker. He had no love for the ways of 
his ancestors, and grieved his father by shrinking from them. 
When a missionary was robbed, he followed the robbers, stripped 
them of their booty, and gave it back to its owner. When he 
was baptized he declared that he would no more join in war, and 
he resisted the entreaties of the wilder spirits, who pressed him 
to lead them in battle. At a great meeting he harangued them 
with the New Testament in his hand, and his counsels then 
prevailed. But he did not convert them all, and thought fit to 
establish for his Christian brethren a separate pah where 400 
assembled. On one of the posts of the chapel was a code of 
regulations in his handwriting, for the government of his Chris- 
tian community. His restitution of the property seized by his 
countrymen returning from Remuera in 1844 has been told. 
His determination not to go to war was pursued, through evil 
report and good report, until. General Cameron crossed the 
Maungatawhiri. "I am now absolved from my promise," he 
said, " for this is a war of defence." It is vain to wish that all 
English Secretaries of State, Governors, and Colonial Ministers 
had had the earnest piety and sense of justice which finally 
enabled Te Waharoa to stand before his Maker, as a good man 
who had run his course faithfully in the troublous career forced 
upon him by the crimes of others. 

The New Zealand Government, in 1866, while deprecating the 
attitude of the troops, expressed a high sense of the value of the 
naval force. In October, a unanimous vote of thanks to the 
retiring Commodore was passed by the Representatives, echoed 
by the Ministry, and applauded by the Governor. After his 
march to Taranaki, General Chute, pleading instructions from 
the War Office, refused to move his head-quarters from Auck- 



MR. STAFFORD ON WITHDRAWAL OF TROOPS. 393 

land to Wellington, though repeatedly urged to do so. There 
were rumours of a Maori rising in October, 1866, but he could 
see no object in absenting himself from Auckland, where " the 
usual and regular duties " of his command could " be best con- 
ducted." He complained that the Governor would not reply to 
his letters asking for instructions as to the posts at which the 
military were to be stationed, and Sir George Grey curtly told 
him that, if all the troops were to be withdrawn from the out- 
posts to the chief towns, he concurred with his advisers that the 
troops would be useless to the colony, and he ought not to 
express any acquiescence with such an arrangement. 

The reports of the Commissary-General in the end of 1866 
fanned the flames of discontent. He condemned the use of troops 
in defending confiscated lands, and urged the withdrawal of 
Imperial aid. As usual, despatches and counter-despatches were 
multiplied till they filled volumes of blue-books. Secretaries of 
State were never tired of repeating that the troops should be 
withdrawn, and Mr. Stafford (16th May, 1867) declared that the 
Ministry acquiesced in the withdrawal, because the military had 
been perverted into instruments for defaming the character of 
the colony, and the commanding officer had been made inde- 
pendent of the constitutional control of the Governor. Even 
the withdrawal, however, had been effected " in a manner calcu- 
lated still further to engender animosity, to inspire the disloyal 
natives with revived hopes, and the loyal with distrust." To 
such a pass had England brought the land of the Maoris by 
subjecting them to the caprice of the heirs of the New Zealand 
Company. While Lord Stanley and Sir Robert Peel were in 
power the honour of England had been safe. From neither of 
them could have been expected the sanction given by the Duke 
of Newcastle to Colonel Browne's unjust conduct at Waitara. 
By neither of them could have been approved the abandonment 
of England's duty towards the Maori race. Without any evil 
intention, successive Ministries had subscribed to violations of 
the letter and spirit of the Waitangi treaty, and basely striven 
to hide their shortcomings by slinking from the field of action 
or endeavouring to stifle discussion. All their deeds had become 
evil when they shrunk from adhering to a just principle. Mr. 
Cardwell's vigorous tone as to treatment of prisoners cast a 



394 NEW ZEALAND. 

momentary gleam upon Downing Street, but, under his success- 
ors, the gloom in what Charles Buller called " sighing rooms " 
thickened again. There was no sympathy for anybody in New 
Zealand in that atmosphere. Nor was public intelligence aroused 
to create a virtue unengendered in Downing Street. With lazy 
immorality the ' Times ' remarked in 1863 that unless the Maoris 
were " shortly reduced to submission, the savage race which has 
shown itself most capable of civilization would probably within a 
few years have ceased to exist." In 1865 the same authority 
declared : " The Hau Hau fanatics will be at once extirpated, and 
it is not improbable that their countrymen will eventually share 
their fate." In a few years the tone of the caterer for London's 
gossipers was to become more sprightly. " The simple fact that 
for every native known to be hostile to us, there was another 
native known to be friendly, ought surely to have guided us to 
the true military policy for the colony. . . . Every Maori has a 
natural taste for war, and this taste can easily be improved for 
our benefit. . . . By enlisting New Zealanders we should com- 
bine the martial instincts of the savage tribes with the skill, 
armaments, and organization of European armies." On the 
justice of the case not a word was expected from the ' Times/ 
and not a word was said. What was wanted was to assist the 
Maori race to disappear. 

Dark rumours were rife about a new uprising of hostile tribes 
in October, 1866. In March, a letter to the Queen, purporting 
to emanate from the Maori king, had been transmitted through 
the hands of a chaplain to the forces. Half defiant, half beseech- 
ing, it sounded the chords which had been struck by the Maori 
chiefs throughout the war. It asked that " a great Judge from 
England " might be sent to put an end to strife. Lord Car- 
narvon's answer was written in October. At that time the 
General Assembly had been prorogued, and the wilder spirits 
among the Maoris were craving for war. The intimation that 
petitioners must send their prayer through the Governor would 
have fallen on distracted ears if it had reached New Zealand 
before the outbreaks of the spring of 1866. A Maori friend 
warned the Government that at Hawaka, Tauranga, Waikato, 
Taranaki, Wanganui, Turanga, Whakatane, and the east coast 
generally, a rising had been planned. " The first intimation of 



OMARANUI. 395 

it may be when the weapon has touched." The perverse bravery 
of the Maoris was such that no certainty of final failure 
deterred them from plunging into an affray. They rejoiced 
in a present victory when they slew more than they lost. They 
brought to the beginning of a fight the craft of a conspirator 
with the fanaticism of a Malay. Confidence in the final result 
was no anodyne to the fears of colonists whose lives were in 
danger which stalked like a pestilence and might smite, no man 
knew where. At Napier the danger seemed most imminent. 
Hau Hau armed bands were encamped in October, 1866, at 
Omaranui, a few miles from the settlement. They had made 
no hostile demonstration, and had not molested the settlers, but 
Mr. Donald McLean, Superintendent of Hawke's Bay, called 
upon them to surrender their arms and go to their homes. 
Having laid his plans with Colonel Whitmore, he told them 
that if they should refuse to surrender within an hour, they 
would be attacked. As the colonial forces outnumbered fourfold 
the number of the presumed rebels it might have been supposed 
that they would yield. They were surrounded by about 200 
militia and volunteers, and a like number of Maoris. They were 
in a Maori village which they had not fortified. They said they 
thought the time, one hour, rather short. Colonel Whitmore 
after two hours told them he would wait no longer. They said 
"there was no reason to do so as they meant to fight." They 
fought for nearly an hour and a half. Their losses were con- 
siderable. When the majority surrendered, Nikora appeared 
to be the leader who induced them to do so. A majority 
endeavoured to escape across a swamp, but cavalry prevented 
them from gaining the hills. Colonel Whitmore reported in 
glowing terms the gallantry of the colonial and native forces. 
Three were killed and 13 wounded among the assailants. The 
Hau Haus did not hoist a flag of surrender till 23 had been 
killed and a like number wounded. Seventy-six prisoners were 
taken, and the conqueror reported, " Nearly all the turbulent 
spirits are now killed or taken." The chiefs Tareha and Renata 
were conspicuous. " Tareha, with a sword alone in his hand, 
rushed among the enemy to stimulate his men." Nine only of 
the enemy were unaccounted for, and it was not known whether 
they were " dead in the swamp, where they had been heavily 



396 NEW ZEALAND. 

fired upon," or whether they had escaped. The peace of death 
had been enforced. Napier breathed freely. A newspaper de- 
clared the action, " the most brilliant affair of this guerilla war." 
Lord Carnarvon upbraided Sir George Grey for not informing 
him that a new guerilla war had broken out, and when told that 
the newspaper included the action as part of all New Zealand 
warfare, gracefully apologized in the House of Lords to the 
Colonial Ministry for his charges against Sir George Grey. 
When an apology is unavoidable there is exquisite ineptitude in 
making it to the wrong person. Colonel McDonell on the west 
coast was distinguishing himself in a manner which at a later 
date demanded inquiry. He spoke the Maori language with 
fluency. Mr. Stafford's Defence Minister had ordered him in June 
to be vigorous in inducing (at Patea and Waingongoro) the sur- 
render of the Hau Haus the waifs and strays left by the army of 
General Chute. Mr. Parris was, through the agency of Te Ua (the 
repentant Hau Hau), labouring to procure their submission, but 
Colonel McDonell repudiated diplomatic triumphs. He ordered 
that certain chiefs should wait upon him. They did not attend. 
He construed their absence as a punishable act of rebellion, and 
on the 1st August, 1866, in the depth of night, with a large 
force, surprised an undefended village at Pokaikai, scattering its 
inmates, some of whom, though women, were bayoneted. A 
Maori woman deposed that one of the attacking party seized an 
ornament in her ear, and that when he could not tear it away 
he cut the ear with his knife and secured his booty. Her 
father and mother were shot. She was taken prisoner. She 
complained that it was wrong to attack the village while her 
husband, Natanahira, was absent to negotiate for peace with Mr. 
Parris. Colonel McDonell said, " Who is Mr. Parris ? I am the 
person with whom peace should be made." It was maintained 
by some, and denied by others, that some of the attacking force 
were drunk. Hori Kingi wrote to Sir George Grey. Mr. Parris 
was at the time at Wellington ; Sir George Grey asked if he 
would go at once to the district where the outrage had occurred. 
The Ministers had an interview with Mr. Parris. He went to 
the district and was not wholly unsuccessful, though some 
Maoris would not be persuaded. The words of the woman 
whose father and mother were shot explained the cause of Maori 



POKAIKAI. 397 

distrust. The attack was made at " night ; at midnight, when 
the people were asleep. The sleep was the sleep of fools, for 
the words of the Governor, sent through Te Ua, had lulled us. 
My children were lying around me in fancied security." Subse- 
quent treatment of the woman was not calculated to smooth the 
way to peace. Colonel McDonell wrote to the Defence Minister : 
"This morning I released Natanahira's wife and sent her to 
Otapawa with a letter to the rebels, telling them that if they 
do not immediately submit, I will carry fire and sword through 
the country, and give no rest by day or night. I have detained 
his child as a hostage." Such an agent was condemned by his own 
words, and a commission of inquiry was afterwards appointed. 1 
McDonell requested (31st July) that Parris might be "instructed 
to cease to communicate with the rebel natives," but the fumes 
of Pokaikai, and other villages, and the treatment of Natana- 
hira's wife stunk even in Mr. Stafford's nostrils, and McDonell 
was desired (8th August) to conform to the instructions of Mr. 
Parris. On the 12th, he was fired at. On the 30th, Parris 
reported that the Warea natives refused to submit, and McDonell 
took the field again, &uo more. If Parris had supped full of 
horrors the commander was free from morbid weakness. 

About the time when, in the east, the Hau Haus at Omaranui 
were crushed by Donald McLean and Colonel Whitmore, 
McDonell, on the west coast, inflicted severe loss upon the 
Ngatiruanui at Pungarehu. One of his reconnoitring parties had 
a skirmish at Ketemarae on the 2nd September, and he resolved 
to build a redoubt at Waihi. The men engaged in the work 
were often fired at by the natives. On one occasion within sight 

1 Some years afterwards Major (become Colonel) McDonell published 
his own defence in pamphlet form. He stated that on the 3rd August, 
he "scoured the bush inland of Matutahi ; found out and burnt two 
villages just located. . . This brought the natives to their senses, and on 
the 4th August they sent me a message suing for peace. . ." On the 7th, 
" I went into the bush with the native contingent, and met them at the 
site of a village named Ohangae, which had been burnt during General 
Chute's campaign. There we made peace. . . . That peace I could have 
firmly maintained even with the small force then under my command 
(he had previously applied for 500 more men), were it not for the suicidal 
course pursued by Mr. Commissioner Parris, to whose conduct must be 
attributed the subsequent hostility of the natives, and the frustration of all 
my plans. . . . All went on we'l, until in an evil hour, Mr. Parris, who 
had been to Wellington to earwig the Government, appeared amongst us." 



398 NEW ZEALAND. 

of the redoubt an ambuscade surprised a provision-cart escorted 
by troopers from Patea to Waihi. One trooper was killed, and 
the provisions were carried off before aid could be sent from the 
redoubt. The trooper was found hacked to death by toma- 
hawks Colonel McDonell retaliated on the 6th October by 
surprising the village of Pungarehu, not far from the Waingongoro 
river, and near the Maori villages laid waste and burned by 
Colonel Butler in the beginning of the year. Though General 
Chute's track pierced through the same country, the hunted 
Maoris had found a temporary resting-place. The attacking 
force was about 130 in number, of whom one-third belonged to 
the native contingent. At daylight Pungarehu was surprised. 
Major McDonell reported: "As we leapt the fences I called 
upon the inmates to surrender " [he does not say that he was 
heard or understood] ; " they replied by heavy volleys from the 
doors and windows of the house. We returned the fire, and 
rushed to the fortified whares, scraped the earth off the roofs, and 
pulled down the slabs to fire at the inmates. In several instances 
they ran out of the doors, and firing their pieces into us tried 
to escape into the bush, but were shot down. In half-an-hour 
we were masters of the position, and the firing ceased. . . . The 
loss of the enemy I estimate at 30 killed : 21 were counted, and 
others could not be counted as they were buried in the burning 
ruins of the houses." It is a relief to read that nine prisoners 
were taken. Three killed and four wounded formed Major 
McDonell's loss. The escaped Maoris or some of their friends 
rallied in the forest and fired upon their enemies. Major 
McDonell thought that superior re-enforcements had arrived > 
and were striving to cut off his retreat. The dashing Rangihi- 
winui by flank-skirmishes foiled the attempt, and the de- 
stroying Europeans left the scene of their exploit. In justifying 
it, Mr. Stafford said that such a mode of "warfare may not 
accord with War Regulations, but it is one necessary and suited 
to local circumstances." 

The Ngatiruanui hapu surprised at Pungarehu was that of 
Titokowaru and Toi. About a week afterwards a re-enforcement 
of Maoris from Wanganui arrived in McDonell's camp, and 
some of the enemy surrendered, saying that the whole of their 
people would do so, as soon as the subsidence of a freshet 



PUNGAREHU AND PoPOIA. 399 

might enable them to cross the Waingongoro river. Toi himself, 
with 12 men, in a few days tendered his submission. McDonell 
refused to receive the submission of less than the whole tribe, 
and told Toi to go away. Toi complied, but six of his people 
remained. One of them was Katene. He had done his best 
for his people, he said, and was weary of the war which was 
destroying them. By degrees his own hapu, to the number of 
70, including women and children, joined him Availing him- 
self of Maori manners, McDonell employed Katene as a guide 
and soldier. The Te Umu pah was destroyed, but the enemy's 
scouts had given warning, and only two men were killed. A 
village named Popoia was to be attacked on the 18th October. 
Katene guided McDonell's force to it during the night, and having 
reached the edge of the forest unseen, advised a halt till daylight, 
as it was unwise to penetrate the forest in the darkness. For an 
hour or two his counsel was respected, but Captain W. McDonell 
became impatient, and induced his brother officers to discard 
Katene's counsel. In single file the force advanced on the 
narrow track, and suddenly, flashing through the gloom, sheets 
of flame on front and right showed that the foe was on the 
watch. Captain McDonell fell, severely wounded. The invaders 
knelt to avoid the bullets which flew over their heads. None 
could see friend or foe. A retreat ensued. At dawn the force 
emerged from the forest and the enemy fired volleys from their 
shelter. Enraged at the indignity, Winiata, of the Wanganui 
contingent, shouted : " Behold, a challenge ! If nothing be 
done, we shall be disgraced. I go to defy them." Stripping off 
his clothes, he dashed back towards the forest, and with insulting 
words and gestures dared the Hau Haus to fight him in the open 
space. He was fired at, but not struck. His old Maori com- 
rades consoled themselves in the retreat by saying : " Never 
mind ; the Hau Haus are beaten. They dared not to accept the 
challenge of Winiata." The midnight attack upon Pungarehu 
had put the Maoris upon their guard. Sir George Grey visited 
the scene of action, and Colonel Rooke with some of his regi- 
ment (18th) on the 25th October accompanied McDonell's force. 
Again the enemy fired from an ambuscade, but the troops 
rushed forward, and Popoia was captured and burnt. One life 
was lost in the colonial force. Two Hau Haus were shot. A 



400 NEW ZEALAND. 

plot was laid for Titokowaru's fighting man, Te Waka. Katene 
was to entrap him in an ambuscade with the promise of a store 
of percussion-caps. Te Waka, greedy for ammunition, walked 
into the trap. As he approached the ambush, his treacherous 
guide, Katene, seized Te Waka's gun and called on his accom- 
plices to fire. Te Waka relinquished his gun and with a bound 
reached a precipitous river-bank. Before he could hurl himself 
over the cliff a shot struck him, and with a convulsive spring 
he disappeared and was found dead at the river-side. Katene 
was asked why he seized the gun instead of the man. He 
replied : " You would have spared him. I wished him dead, for 
he had done me wrong." McDonell made a vain attempt to 
surprise a pah, Tirotiromoana, on the 5th November. On the 
march it was noticed that Winiata, usually the foremost man, 
remained in the rear of his column. An officer asked the 
reason. He answered : " I dreamed last night that I was 
leading the advance as usual, and was killed from an ambush. 
I felt the bullet ; it went in at one hip and out at the other." 
The march was continued. A deep ravine was crossed. As the 
advance-guard mounted the opposite hill a volley was fired from 
an ambuscade, and a private (Economedes, a Greek) fell dead. 
Winiata rushed forward to examine the wound. It was as he 
had dreamed. " Look," he shouted, " this man is killed by the 
bullet I dreamed of. This is the first time he has led. On all 
other occasions I have done so. My dream has saved my life." 1 
Other expeditions proved that Titokowaru's people had retired 
to various fastnesses. Some were at Te Ngaere, a settlement 
in the forest, surrounded by marshes which tradition said had 
once engulfed hundreds of invaders. It was rumoured that 
some had fled to Te Rangitake's inland shelter at the rear of 
Mount Egmont. McDonell could do no more in the field. But 
the Government did something. The survey of the confiscated 
land was completed from Patea to Waingongoro, and " military 
settlers commenced to select their land. I also (McDonell 
explained) selected my land in the district." The red hand of 
such a settler having prospered in the west, he was ordered by 

1 ' Reminiscences of the War in New Zealand,' p. 139. Lieutenant 
Gudgeon. Mr. Gudgeon adds : " After this incident no one doubted that 
Winiatu had a very strong God of his own." 



INQUIRY AS TO POKAIKAI AND PUNGAREHU. 401 

Mr. J. C. Richmond, then acting as Defence Minister, to proceed 
to Tauranga, and lead the warlike Arawa against hostile 
Ngatiraukawa, not far from Rotorua. At this point it is good 
to quote his own language. What he did to the captive boy 
would perhaps be doubted by the reader unless told in the 
commander's words. (Finding a small camp) " we at once 
attacked the position, drove the enemy out, killed two men, and 
captured a third, a young fellow whom the Arawa wanted to 
tomahawk, but I spared him for another purpose. In his terror 
he told me where I should fall in with the enemy's main body, 
and as he knew that it was more than his life was worth to 
deceive me, I ordered him to lead on." The camp was found, 
surrounded, and attacked. " We killed a considerable number 
of them." McDonell was made Lieutenant-Colonel in the 
Auckland militia, and the stark bodies of the slain Maoris were 
left to rot on their native soil, for the outnumbered friends of 
the dead took refuge like foxes in the fastnesses of the forest 
The new-fledged Colonel was again required at the west, where 
the surveying of land had been checked by the resilient Hau Haus. 
He met a hapu of the Pakakohi tribe, and amongst them was 
Titokowaru, whose subsequent career was to be written in blood, 
and who was to wrest laurels from McDonell's brow. A display 
of bayonets glittering in the moonlight, and a warning that 
even McDonell's " patience had a limit," secured a triumph for 
the time, and the surveying was pushed on. 

Meanwhile the reproaches caused in England by the tidings 
of the slaughter at Pokaikai and Pungarehu had reverberated 
to the colony. Lord Carnarvon 1 required official reports con- 
cerning events spoken of in newspapers. Mr. Stafford furnished 
an explanation which contained a retort that the " Imperial 
Government has ignored the constitutional position of the 
Governor, and has in successive despatches displayed a sense of 
irritation and a proneness to take and give offence which are 
much to be deplored." . . . Had the " Imperial Government 
been properly jealous of the honour of the persons against whom 
Colonel Weare's charges were made, it would have insisted on 
a public investigation." Though written for Lord Carnarvon's 
perusal this remonstrance reached the Duke of Buckingham's 

1 Despatch, 28th December, 1866. 
VOL. II. D D 



402 NEW ZEALAND. 

hands in May, 1867. In March, the Earl had quitted office 
rather than follow the inconsistencies of Mr. Disraeli. He did 
more. He protested against them in the face of the hero 
of debate the Earl of Derby. As it is agreeable to do justice 
to those who refuse to do it to others, this allusion to the course 
of English politics becomes not unseemly. Among the Earl's 
latest despatches to New Zealand were some which vigorously 
reprehended the employment of regular troops in defending 
disputed or confiscated land. "The large confiscations which 
have taken place have been viewed with the greatest apprehen- 
sion by Her Majesty's Government," and, if to be held by force, 
should not be held by Her Majesty's troops. 

But still there lurked in men's minds, even in New Zealand, 
a suspicion that the occurrences at Pokaikai did not deserve the 
name of war. The Governor appointed (1868) a commission to 
inquire into " certain alleged acts of cruelty stated to have been 
committed" there. The conduct of the inquiry seemed to 
McDonell "incredible." The charges had not been specified, 
and he had to find out from the " evidence what atrocities were 
being trumped up." The attempt to " drag the ornament out 
of the ear of a native woman," was proved, but McDonell's wit- 
nesses denied that it succeeded, and it was sworn that the culprit, a 
volunteer, was placed under arrest by McDonell. Two members 
of the commission, Mr. Cracroft Wilson and Mr. J. Cargill, drew 
up a report (August, 1868), highly favourable to McDonell, and 
declaring "that no wanton outrage was committed by any 
member of the enrolled force." There was a protest by one 
member, Mr. George Graham. He curtly wrote : " I protest 
against this report." He declared the attack on Pokaikai 
unnecessary, and that by unjustly lulling the natives into 
security while intending to attack them, McDonell had acted in 
a manner which might seriously complicate the relations of the 
Government with the tribe. McDonell averred that the sitting 
of the commission lowered his prestige in the eyes of the natives, 
and raised that of Titokowaru, who " commenced disturbances 
almost immediately after the close of this inquiry." The 
motives of Titokowaru, and his deeds, must be told hereafter. 

It may be mentioned that Sir George Grey in his explanation 
studiously avoided any allusion to the attack upon Pokaikai. 



SIR GEORGE GREY SUPERSEDED. 403 

He justified that upon Pungarehu on the ground that its 
inmates were amongst " the worst and most desperate characters 
in New Zealand," and said that the " escape " (of McDonell's 
force) " was a very narrow one." l 

When the Earl of Carnarvon resigned office, in March, 1867, 
only one regiment, the 18th, had not been ordered to leave 
New Zealand. It was to be under the direction and control, 
but not under command, of the Queen's representative. Perhaps 
no other regiment was the subject of so much correspondence. 
In October, 1867, the Ministry wrote that they did not ask for 
its retention, and would not be responsible for any payments on 
account of it, but they recommended, and the Governor ordered, 
that the head-quarters and six companies should be stationed at 
Auckland, two companies at Taranaki, and two at Napier. The 
Earl of Carnarvon, hoping that Sir George Grey would recall his 
defence against Colonel's Weare's charges, had refrained from 
considering what the Government ought to do if Sir George 
Grey should decline to cancel his despatch. It has been seen 
that he declined. The Duke of Buckingham, in May, curtly 
acknowledged the lengthy despatch in which the refusal was 
couched. In June, replying to a despatch in which Sir George 
Grey represented that General Chute " allowed him to have no 
knowledge of the times at which or the routes by which troops 
were to be marched," or temporarily massed, and that the 
Government was therefore unable to warn or act in concert with 
friendly or doubtful tribes, the Duke regretted the controversies 
which had so long existed between the Governor and officers in 
command, and wound up a short despatch with the words : " I 
shall then also be able to inform you of the appointment of your 
successor, and of the time at which he may be expected to 
arrive in the colony." 

The Governor's despatch had enclosed a protest from his 
advisers against the alleged unconstitutional powers assumed by 
General Chute as to determining the location of troops. Of this 
the Duke took no notice. On many occasions it was his habit 

1 Lord Carnarvon had not alluded to Pokaikai in direct terms, but Sir 
George Grey would have done more justice to his office by a comprehensive 
statement than by confining himself to the Pungarehu affair on the ground 
that " I can only guess, and I think rightly, that it is an affair which took 
place at Pungarehu." 

D D 2 



404 NEW ZEALAND. 

to trust to the maxim, that if let alone much business will settle 
itself. The significance of communicating his recall to a 
Governor in a despatch on military matters was too plain 
to be overlooked. While it was on the way , various diffi- 
culties impeded business in New Zealand. There were dis- 
putes about accounts, about underhand reports to the War 
Office, about removal of troops, and abandonment of military 
buildings. 

On the 27th August, Sir George Grey received the despatch 
recalling him. The General Assembly was then in session. 
The Houses had previously conveyed to the Governor their 
thanks for the prompt and decided manner in which he had 
incurred the displeasure of the Earl of Carnarvon by defending 
the honour and character of the colony, and they were not slow 
to vindicate the man whom they deemed a sacrifice to the 
offended War Office. In the Council the despatch was no sooner 
read than on a motion by Colonel Whitmore, unanimously 
adopted, the House adjourned as a mark of respect for Sir 
George Grey, and regret at his recall. With equal unanimity, 
on the 6th September, an address was adopted. Sincere regret 
at the Governor's recall, admiration of his public and private 
character, testimony to his ability, self-sacrifice, and activity, and 
a recognition of the perils, privations, and fatigues he had under- 
gone, formed the groundwork of the address. " We consider 
that the Imperial authorities have listened too credulously to 
accusations of the gravest kind, and by acting upon such informa- 
tion before ascertaining its truth or falsehood, they have been 
led to reiterate against the colonists most unfounded calumnies. 
... In asserting the honour of the Crown, and maintaining the 
position of the Governor as representative of the Crown, and the 
constitutional rights of the colony, as well as in vindicating its 
character against unjust aspersion, your Excellency has put 
aside all personal considerations, and has not been dismayed by 
menace or misrepresentation." The Council trusted that the 
great services rendered by the Governor to the Crown and to the 
colony would be rewarded by some signal mark of Her Majesty's 
favour. Idle hope ! Between the fount of honour and those on 
whom it ought to flow there lies a region of slime which dis- 
figures the claims of the just but gives false lustre to the base, 



REMONSTRANCES OF GENERAL ASSEMBLY. 405 

like the iridescence which mantles on the surface of a stagnant 
pool. To have earned the honours of Drake direct from the 
hand of his Queen was a prouder distinction than to be the 
chosen knight of ancient tourney. To fawn, and cringe, and lie 
to obtain the favour of a Secretary of State, and thus obtain 
undeserved sprinklings of royal grace, is a process which may 
well bring that grace to dishonour. The system under which 
a Vogel, a Duffy, and their congeners have been decorated in 
the name of their sovereign, proved the truth of Herman Meri- 
vale's declaration, 1 that it deadened appreciation of chivalrous 
rewards, gave them an ineffaceable stain of vulgarity, demoral- 
ized patriotic impulse, and lowered the standard of popular 
respect for the Crown. The one way in which the Crown could 
hope to distribute favour duly was by an avoidance of honouring 
the base, and at least, if it could not discover heroes, to confer 
distinction on those who would command respect. The Colonial 
Office at this period seemed bent upon furnishing materials 
for the censure of Mr. Merivale. If Sir George Grey in his 
later years unworthily swerved from his former loyalty, his 
defection may be not justified, but accounted for, perhaps, by 
the demoralizing agency of the Colonial Office. The Repre- 
sentatives were as energetic as the Council. They were about 
to record their thanks to the Governor for his conduct respecting 
Colonel Weare's reports, when the despatch recalling him was 
laid on the table. On the motion of Mr. Stafford they echoed 
the sincere regret of the colony at the loss of the Governor, and 
joined in the encomium of the Council on his character and 
services. The Governor's reply to the addresses spoke of the 
heroic work done by the colonists in laying the foundation of an 
Anglo-Saxon nation. Men who had so laboured together might 
well find consolation in mutual esteem, and leave their fame and 
reputation to a grateful posterity for whom they had in truth 
been labouring. Associated as he had been with them so long 
in their great work, and regretting with them that the public 
ties which had bound them were to be rent asunder, it was 
much to remember that they had presented addresses of which 
any Governor or ruler might be proud, and to know that while 

1 'Fortnightly Review,' February, 1870. Mr. Merivale Lud been Under- 
secretary for the Colonies, and was therefore an expert. 



406 NEW ZEALAND. 

he lived he should have the pleasure of seeing them labour as 
of yore to do their duty to their Queen and country. 

Earl Granville was Colonial Secretary when the despatches 
on the subject were laid before Parliament in July, 1869. It 
then appeared that of the address of the Council no notice was 
taken by the Duke of Buckingham, and that the despatch (23rd 
November, 1867), entered as a reply to the address of the Repre- 
sentatives, made no allusion to them or to their prayers, but 
curtly repeated to Sir George Grey an intimation already made 
(22nd August, 1867), that Sir George Bowen, the Governor of 
Queensland, had been appointed Governor of New Zealand. 
When the insolence of office descends to such petty insults, 
their reprobation becomes a duty untainted with the meanness 
of the things condemned. But the studied discourtesy which 
had been practised was to be partially, though disingenuously, 
disavowed by the Duke. On the 16th September, the New 
Zealand Ministers drew up a formal protest against the sub- 
jection of a Governor to a subordinate military officer, as directed 
by the Earl of Carnarvon ; against the rash disposition of troops 
made by General Chute without concert with the Government ; 
against the conduct of the Imperial Government with respect 
to Colonel Weare's and other secret charges ; and against the 
silencing of truth in the matter of the illegal killing of a 
prisoner without trial. As to the recall of the Governor, they 
recognized the absolute right of Her Majesty to recall and 
appoint Governors at pleasure, but they regretted that the 
despatch summarily recalling a Governor who had for 26 years 
rendered great services to the empire, contained not one word 
of explanation. " Ministers desire to express their sympathy 
with his Excellency at having been by so unusual a proceeding 
subjected to what appears to be a studied act of discourtesy ; 
and they are unable to divest themselves of the belief that the 
recall of his Excellency has in a great measure resulted from the 
uncompromising manner in which he has upheld the constitu- 
tional position of the representative of the Crown; a position 
upon the due observance of which the rights and liberties of 
Her Majesty's subjects in New Zealand so greatly depend." 

Forced to say something, the Duke of Buckingham (28th 
December, 1867) made it as like to nothing as possible, but 



SIR G. GREY'S FINAL DESPATCH. 407 

rounded off with a palpable equivocation. He had carefully 
examined the ministerial memorandum, but thought it neither 
necessary nor desirable to add to what he had written five 
months before in a despatch which contained no word about the 
slaughter of a Maori prisoner of war. As if the intelligence of 
colonists might be slighted with as much contempt as the life of 
a Maori, he added : " I may observe, however, that the intima- 
tion given for your convenience at the end of your term of 
office, that your successor would very shortly be appointed, 
seems to be mistaken for a premature recall." Such an equivo- 
cation could not even deceive himself, but it asserted the 
hereditary right of a Grenville to blunder and to create dis- 
affection amongst distant subjects of the Queen. Fortunately 
the Grenville of 1867 was less potent for evil than his namesake 
of 1776. 

In acknowledging the formal despatch in which the Duke of 
Buckingham announced the appointment of Sir George Bowen, 
Sir George Grey wrote : " I request your Grace to be pleased to 
state to the Queen that I present my duty to Her Majesty, and 
in receiving this notification of my Sovereign's pleasure, I beg 
to be permitted humbly to represent to Her Majesty that in the 
year 1845, a rebellion prevailing in New Zealand, I was by Her 
Majesty's commands especially sent to this country, and that 
when I relinquished the Government in the year 1854 it was 
my happiness to leave it in a state of tranquillity and prosperity ; 
that in the year 1861, a rebellion having again broken out in 
New Zealand, I was once more specially sent here ; and that it 
is again my happiness upon being removed by your Grace's 
advice from this Government, to leave New Zealand in a state 
of tranquillity and returning prosperity, and that I humbly 
represent to Her Majesty that I desire to claim no merit for 
these circumstances, but rather to attribute them to the blessing 
of Divine Providence, and to the abilities and exertions of Her 
Majesty's subjects who have advised me and aided me in my 
duties ; and further, that I humbly trust that the almost unani- 
mous voice of Her Majesty's subjects in New Zealand, amongst 
whom I have laboured in Her Majesty's service, will satisfy Her 
Majesty that I have done my utmost to promote the welfare 
and happiness of the inhabitants of this part of Her Majesty's 



408 NEW ZEALAND. 

possessions." The Duke replied that this statement was evid- 
ently made under the misapprehension that Sir George was 
prematurely recalled, but he would "nevertheless lay the 
despatch before Her Majesty." There were various ways of 
keeping his promise, and it may safely be assumed that he took 
no noble way. Lord Derby, whose generous instincts might 
have otherwise exercised influence, was in failing health, and on 
the point of resignation. An alien, except with the buskin, to 
English life, was about to succeed him, and a gracious Queen 
was never asked to grant distinction or express common thanks 
to one who had rendered no common services. No further 
despatch on the subject was laid before Parliament. 

The session of 1867 was marked by the introduction of a Bill 
to confer partial representation on the Maori race. The Gov- 
ernor congratulated the Assembly on the re-establishment of 
peace generally throughout the North Island, in no part of 
which was " systematic hostility " to be expected again. During 
the recess he had made a journey, partly on foot, and traversed 
native districts previously deemed unsafe. " I everywhere found 
the embers of disaffection dying out, and I was received by the 
Maori population, even in districts recently in rebellion, in such 
a manner as to inspire confidence in the future peace of the 
country." The Assembly met in July, and in August the 
Maori Representation Bill was brought in by Mr. McLean and 
Mr. Williamson. Mr. McLean proposed four members, and an 
attempt to reduce the number to two was defeated in Com- 
mittee. On the 30th August, just after the despatch recalling 
Sir George Grey was laid before the Assembly, Mr. Reynolds 
(notorious for his activity in robbing the Maoris of their reserve 
at Dunedin) moved that the third reading of the Bill be post- 
poned for six months, but only one "teller" was found on his 
side when a division was called for. In the Council the second 
reading was affirmed by 13 votes against 3, and amendments 
moved in Committee were successfully resisted ; Colonel Whit- 
more's name being found, in each division, supporting the Bill, 
which was passed without amendment. An Act was also passed 
for the endowment of Maori education. The Native Lands Act 
was again amended, and one of its clauses enabled the Governor 
to refer the Manawatu land dispute to a Court. A Confiscated 



FINANCIAL MEASURES 1867. 409 

Lands Bill enlarged the powers of the Governor. Among nearly 
a hundred Bills, passed in three months, was one " to authorize 
a loan of 7,000,000 sterling for the purpose of converting and 
consolidating the public loans of New Zealand," and a patriotic 
Maori might be pardoned for reflecting sadly that the lands 
which were chargeable to so vast an extent had been obtained 
for mere trifles ; in many instances under cajolery, and in some 
by wrong and violence. More than 500,000 had fallen into 
the Colonial Treasury in 1866 from sales of land. The Loan 
Bill was amended in the Council. A conference failed to 
reconcile the Committees on the 4th October; but, on the 
8th, a second conference was terminated by concession, and the 
amendments made by the Council were agreed to. By this 
measure various provincial loans were adopted as charges on 
the colony. A Public Debts Bill converted provincial into 
colonial securities. It was introduced late in the session, and 
was amended in the Council, but an important amendment was 
abandoned by that body after conference. Four members of 
the Council protested against the measure because it burdened 
the colony for the benefit of a few provincial creditors, and 
because the adoption of provincial debts by the colony bestowed 
an unjust boon on the bondholders, the provincial bonds being 
in the market at a great discount as compared with the colonial. 
The Surplus Revenue Act was amended so as to relieve the 
northern provinces of some war liabilities, and Mr. Stafford 
thus strengthened himself in the House and the provinces at 
the expense of his consistency. At the latter end of the session 
he received so much support from Auckland members as to ex- 
cite uncomplimentary remarks. Mr. Fitzherbert, the Treasurer 
(who also had been Treasurer to Mr. Weld), with candour which 
must have amused the House, reminded it that he had in four 
consecutive sessions made financial statements "not uninter- 
ruptedly, for the wisdom or fickleness of the New Zealand 
Parliament forbade such indulgence in the sweets of office." 
Content with driving out Mr. Stafford's first Treasurer, the 
House could afford to see him financially controlled by the man 
who under Mr. Weld had been driven from office on a financial 
question. After many years, the overdraft at the Bank of New 
Zealand had been swept away. Income and expenditure were 



410 NEW ZEALAND. 

nearly balanced. The ordinary receipts exceeded the ordinary 
outgoings, and the extraordinary barely weighed down the 
contrary scale. 

Among the causes which had swollen the Exchequer were the 
presence of an Imperial force, the consequent inflation of trade, 
and the rifling of the soil, which in seven years had yielded 
13 ; 000,000 sterling of its gold. Mr. Weld's efforts had reduced 
the colonial defence expenditure. It had been nearly 900,000 
a-year when he took office. It was reduced in 1867 to 
327,000. Commissary-General Jones had laboured with 
Major Richardson, a member (without portfolio) of Mr. Staf- 
ford's Government, to adjust the claims of the Imperial Govern- 
ment. The claims, as stated by Mr. Fitzherbert, were, for 
capitation charge for troops, 353,817 10s. ; compound in- 
terest capitalized annually, 167,278 7s. ~[d. ; advances for 
colonial troops, 582,156 17s. 7d. ; miscellaneous, 201,710 14s. 
7d. ; total, 1,304,963 9s. 3d. Major Richardson considered 
that more than half a million of the claim was inadmissible. 
After much correspondence, Mr. Jones quitted New Zealand 
abruptly, leaving his task unfinished, and assigning his failure 
to the fact that Major Richardson's commission pointed to inquiry 
into subjects beyond mere accounts, into which Mr. Jones had no 
authority to enter. The counter-claims put forward by Major 
Richardson were, for colonial debentures sold at par, 500,000; 
military roads, 102,875 9s. \Qd. ; proportion of river transport 
charges, 97,329 Os. lid.; miscellaneous, 206,652 4s. lid. ; 
total, 906,856 15s. 8d. But besides these claims Major Richard- 
son pleaded that further claims might justly be preferred, arising 
out of the peculiar relations of the colony and the Home Govern- 
ment when liability was incurred in repressing rebellion. The 
arguments recurred to the time when the Colonial Ministry 
under stress of their own misdoings at Waitara gave to Colonel 
Browne in 1860 a pledge to reimburse the Imperial Government 
for advances to militia and volunteers. Mr. Stafford's sins had 
come home to him. To coerce the Maoris he had made pledges 
of which when again in power he felt the pressure. But the 
axiom which declares that anything may be proved by figures 
implies that anything may in like manner be disproved. With 
much adroitness Major Richardson dealt not only with them, 



IMPERIAL CLAIMS. 411 

but with the provocation to war which was represented in 
general terms, not as the act of its arch-promoters, but as that 
of Governor Browne. Indirect losses could thus be put forward 
much as under shelter of Mr. Gladstone's negotiations at Wash- 
ington in 1871 they were urged by the United States as assets 
created by new retrospective arrangements. Speaking of Wai- 
tara, Major Richardson thought it " sufficient to state that the 
Governor (Browne) reported that the title of Teira and others 
having been minutely examined for several months, proved and 
extinguished by the Crown, a survey had been ordered in the 
usual manner, and that it was his intention in case of the 
rumoured resistance of Te Rangitake taking place, to enforce Her 
Majesty's right to deal with her own subjects without hindrance 
from any one not having a legitimate interest in the transaction." 
On the subsequent revelations that the alleged minute examina- 
tion of title was untrustworthy that Te Rangitake and his 
adherents had indisputable rights and that in over- riding them 
the Government had violated the treaty of Waitangi private 
and tribal rights, as well as their own repeated promises, Major 
Richardson's report was almost silent, though it recorded the 
formal abandonment of the Waitara block. Those revelations 
have already been told in part. The result of a legal investiga- 
tion will follow in due time. As to the Waikato war, Major 
Richardson admitted that, to avoid risk of murderous invasions, 
" the initiative was taken by General Cameron " ; but with an 
inconsequential deduction that destroys the historical value of 
his laboured report, he concluded that the whole war " has 
unmistakably arisen from the necessity of vindicating Her 
Majesty's supremacy and the rights of British native subjects 
guaranteed by treaty with the Crown ! " In the hands of such 
a mispriser of facts, figures might yield equally startling results ; 
but Major Richardson relied mainly on the moral responsibility 
of the Crown, and the equitable claims of the colony. If the 
Duke of Newcastle had sternly checked the Waitara injustice, 
no complicity could have been imputed to the Imperial Govern- 
ment ; but as accessary after the fact, he had made it difficult for 
the Imperial Government to hold aloof from the crime. On this 
point his colonial associates did not press that they were re- 
lieved by his sanction. Yet it was their strongest ground ; for, 



412 NEW ZEALAND. 

on the Duke's adoption of the course into which Colonel Browne 
was led in 1860, the subsequent events followed in hideous order. 
It may, however, have been felt, though not confessed, by New 
Zealand statesmen, that the Waitara case would not bear a 
strong light without revealing that the war of 1860 was not a 
rebellion, but resistance by a man wronged and attacked in his 
home. Major Richardson impeached the Imperial claims for 
compound interest, denied that the colony was liable after 1st 
December, 1864, for the 40 per soldier, inasmuch as it had 
urged that the troops should be withdrawn if the demand were 
insisted on, was of opinion that the Imperial Government 
would withdraw the claim for cost of the New Zealand Fencibles 
(68,000) incurred when England was solely responsible for peace; 
arid after challenging various items, concluded his paper (for 
which Mr. Stafford expressed the thanks of the Government), by 
declaring that Great Britain was, as an accomplice in the war and 
the cause of much expenditure, bound to give substantial aid 
in lightening the burdens of a colony which " had passed not 
willingly but by force from the position of a co-operator to that 
of a principal in the suppression of the rebellion." The irony of 
facts was never more severe than on this occasion. Major 
Richardson as a colleague of Mr. Stafford sent these words to the 
Governor in July, 1867, and Mr. Stafford thanked him for them 
with effusion. Nevertheless, in the previous year, facts had 
been proved at Taranaki which induced the Stafford Govern- 
ment to arrest inquiry, and by private compositions to with- 
draw from a court of law the further consideration of a case 
which threatened to show conclusively that the reiterated asser- 
tions made on behalf of the Government, viz. that Teira's claim 
had been "minutely examined for several months," found 
good, and fairly extinguished, were glaringly false. Although 
the Government eluded judgment in 1866, documents had been 
laid on the table of the Assembly in that year which refuted 
beyond all doubt the traditional untruth which the Stafford 
Ministry of 1866 inherited from its predecessor of 1860, and 
which Major Richardson endorsed. Those documents will be 
described hereafter. The financial policy of Mr. Stafford, though 
brought forward by him who had been Treasurer for Mr. Weld, 
was not unchallenged. Mr. Vogel impugned it in a motion 



PROVINCIAL LIABILITIES. 413 

which was only rejected after repeated adjournments. Mr. 
Vogel's criticisms were heeded on various fiscal questions ; and 
it was evident that he was about to be a power in the House, 
although in an attempt to shelve the Surplus Revenues Adjust- 
ment Bill he found only five coadjutors in opposing Mr. 
Fitzherbert. 

Provincial liabilities still irritated New Zealand. In June, 
1867, the Otago Council adopted a petition to the Queen, pray- 
ing that a Bill might be brought into the Imperial Parliament 
to carve the North and Middle Islands into " separate and inde- 
pendent colonies with such provisions for a federal union " as 
might seem advisable. Their interests were distinct, and they 
did not desire to be dragged into extravagant expenditure in the 
north. Mr. Stafford and his colleagues deprecated compliance 
with the petition. Mr. Vogel (24th July) moved for a Com- 
mittee " to inquire into the financial condition of the colony, 
and to recommend an equitable apportionment of colonial and 
provincial liabilities with a view to end the indefinite liability of 
the southern provinces for northern expenditure, and to give 
the northern provinces the control of northern affairs within 
their respective limits." On Mr. Fitzherbert's suggestion the 
House amended the proposition, resolving to appoint the Com- 
mittee to ascertain "whether the indefinite liability of the 
southern provinces for northern expenditure can be limited, and 
if so whether any recommendation can be made for an equitable 
apportionment of colonial and provincial liabilities. Whether, 
and if so, in what manner, the control of native affairs can be 
conferred on the northern provinces within their respective 
limits." Mr. McLean demanded a ballot, and three of the names 
proposed by Mr. Vogel were rejected. Before the report was 
presented (30th September) the Surplus Revenues Bill had 
been passed, and Mr. Vogel could not hope to carry any proposi- 
tion unacceptable to the Government. But there had been 
contention in the Committee. On the question that the report 
do lie on the table Mr. Stafford having failed to add words 
requiring that the proceedings of the Committee and all proposi- 
tions submitted in the Committee be appended Mr. Hall 
carried, by 25 votes against 14, an addition "that the protests of 
the dissentient minority be expunged from the minutes of the 



414 NEW ZEALAND. 

proceedings." Nevertheless, the pertinacity of Mr. Vogel had 
given him such a position that Mr. Fitzherbert made him one 
of a Committee of three members to confer with the Legislative 
Council on amendments in the Public Debts Bill. The waif 
from the gold-fields of Victoria was rapidly becoming a leading 
statesman in New Zealand, in spite of a rebuke administered to 
him by the Representatives on the 19th September. He had 
impugned the conduct of the Chairman of Committees. The 
House declared, by 42 votes against 2, its confidence in the 
uprightness of the chairman, and that Mr. Vogel's charges were 
unfounded, and " should not have been made." The distribu- 
tion of surplus revenue might well stir men's minds in 
provinces distracted by debt, war, and massacre. From 1st 
July, 1858, to 30th June, 1867, the amount distributed was 
1,780,000 (omitting fractions). The amount which ought to 
have been distributed was less by 183,000 than the sum dis- 
tributed. Auckland had received 25,000 less ; and Otago had 
received 25,000 more than was due, and other inequalities 
were to be redressed. High above such local differences rose 
the financial question. In November, Mr. Fitzherbert was 
accredited to England to deal with : 1. The consolidation 
of the various loans of New Zealand, and the investment 
of the sinking fund of the guaranteed loan of 1856 in New 
Zealand securities. 2. The settlement of all claims between 
the Imperial and Colonial Governments. 3. The establish- 
ment of a mint in New Zealand. 4. The defence of harbours 
and of the colony, and the disposal of sites hitherto granted 
for barracks within the colony. There were various indications 
that the Maoris 1 began to look to the law, to the New 

1 A singular episode in the changing Maori life occurred early in 1867. 
The Rev. Richard Taylor was about to visit England. He had been the 
fast friend of John Williams Hipango, the Christian chief who arrested the 
murderers of the Gilfillan family in 1846, had accompanied Mr. Taylor to 
England in 1855, presented in person Maori gifts to the Queen and to 
Prince Albert, and had in after years fallen in battle against the Hau Haus. 
The loyal chiefs now sent petitions to the Queen by the hand of Mr. Taylor, 
who was accompanied by young Hipango. Sir George Grey wrote a 
despatch, begging that the young chief might be presented to Her Majesty. 
Sorrow was expressed in the petitions about the taking of Maori lands. 
They did not know whether the law which confiscated them came from 
England, or from Wellington. They implored that some of them might 



MAORI PETITIONS. 415 

Zealand Parliament, or even beyond it to the Queen, to 
safeguard their rights. Patuki's appeals in the matter of the 
Maori reserve at Dunedin have been described. Not only the 
allies of the English, but those who had been in arms against 
them, were petitioners to the English Committee the " Ru- 
nanga nui o Niu Tireni " as they styled the " Assembly of New 
Zealand." Horomona Pohio petitioned for inquiry about land 
paid for, in 1847, by the Government to the Ngatitoa. " This 
was wrong, as that tribe went across of their own accord, and 
attacked my people, the Ngaitahu. Therefore we killed some of 
them by way of utu (reprisal). . . . The last battle fought was 
won by us, and so I think the land still belonged to us." He 
wanted to know why the disposal of land was not left to the 
owners. 

The Committee did not think it politic to re-open such claims. 
Two hundred and fifty-six Turanga natives petitioned. " These 
are our troubles : our land that the Government is constantly 
trying to take away from us. After the cessation of hostilities 
some people were transported to the Chatham Islands, but the 
land was left untouched, neither was there anything said about 
taking our pieces of land ... we inferred the only punishment 
this people were to suffer was in the dead who had fallen and 
the prisoners sent to the Chatham Islands. The blood has since 
dried, during two years, yet the word of the Government that 
we are to be deprived of our lands has only now come forth. It 
has been heard only during this year : had it been uttered 
during the fighting it would not have pained us so much, though 

be restored. Another subject of bitterness was the absence of Maoris from 
the Councils of Government. It was not right for one race only to judge. 
Wrong was thus perpetuated. " An unjust Court is summoned and much 
money wasted ; the Court sits, and all is in confusion, the spirit is wearied. 
... Queen ! let your love for us be expressed." They had fought for 
her. "If you behold this letter let your reply float over the ocean to us? 
to your loving children." Amongst the petitioners were Hori Kingi, Mete 
Kingi, and Rangihiwinui. They had no word to say against Sir George 
Grey. They were satisfied with him, but disapproved of his Ministry. 
Mr. Taylor besought some mark of distinction for young Hipango. The 
Duke of Buckingham evinced no sympathy. The petitioners were politely 
told that they must apply through the Governor, but that the Home 
Government would not reverse decisions in New Zealand on the matters to 
which the petitions related. 



416 NEW ZEALAND. 

we did not join in the offence of the Hau Haus. Give heed, 
Assembly of Gentlemen ! We are in great trouble by reason of 
what the Government has done in deceiving us, so that we 
might lose the whole of the level land of this district. It has 
been owing to the influence of us, the chiefs, that the greater 
portion of the country has been kept quiet, and our reward is 
that we are to be washed away by the tide." The Judge of the 
Lands Court had promised to hold a Court ; twice they were 
deceived when they attended. . . . "We all assembled, but 
there was no Court. We wondered why we were annoyed 
everlastingly, and after considering for some time, we heard a 
word about the land being taken. The life-giving words came 
first ; namely, the Native Lands Court was to be holden here. 
These were followed by the death-causing words, namely, the 
land was taken. We have waited for relief by law, but in vain." 
Captain Biggs had negotiated with them. "What he wanted 
was to get all the level country, and we might perch on the 
mountains. Thereupon we told him it must be left for the 
Land Court to give us relief. He replied, he would bring the 
land-taking Court. This was the first time we had heard such 
a name for the Court, and we were surprised." They appealed 
to the "gentlemen elected to devise such measures as promote 
the peace of the country." 

Their allegations were found by the Committee to be correct- 
Neither the Native Lands Court, nor the Court appointed under 
" the East Coast Titles Investigation Act, 1866," had kept the 
times appointed and notified. The assembled natives retired 
disappointed. Mr. McLean's negotiations at the close of 
hostilities had unfortunately not been acted upon by the Govern- 
ment. When the two Courts failed, Captain Biggs and Mr. J. 
C. Richmond had failed also to solve disputes. The fiery 
Captain Biggs then recommended the Government to work 
under the New Zealand Settlements Act (the land-taking 
Court), but the Government shrunk from doing so, pending the 
session of 1867. The Committee recommended that there 
should be no farther delay in allowing the established Courts 
to go into operation in the district. After making all possible 
allowance it is hard to excuse the dilatoriness displayed by the 
Government at Turanga. A matter small in itself, but like a 



TITOKOWARU FRIENDLY. 417 

spark in a magazine capable of much mischief, reflects little 
credit on the Government. Eight Turanga natives petitioned 
for the return of their " very valuable carved house, taken away 
without pretext by the Government." Mr. Richmond, a mem- 
ber of the Executive Council, had asked for it, and was told he 
could not have it. He replied, " That is all. I will cease to urge 
you." But after he departed a steamer arrived, and Captain 
Biggs carried away the house without sanction from the tribe. 
The name of Rahurui was first in order of the petitioners. The 
Committee reported that the house (Whare Waikaro) was a 
very fine specimen of native workmanship, and would be 
properly taken care of in the Wellington museum ; that some 
money had been paid for it by Biggs to some Maoris ; and that 
the house and land having belonged to rebel natives were, 
"strictly speaking, forfeited to the Government." It was 
admitted that the house stood on the land of the petitioner 
Rahurui. 

There was no prophet to step in and say to the covetous 
Pakeha Thou art the man ! and there was little attempt to 
gloze the transaction, which yet could not fail to embitter the 
feelings of the disaffected at Turanga, as well as those who were 
confined at the Chatham Islands, and were expectant of the 
release .of which the Government had spoken to them. On 
the west coast, Te Kepa Rangihiwinui used persuasions in 
favour of peace in November, 1867. Titokowaru also called a 
meeting at Te Ngutu-o-te Manu, a village built after the 
destruction of Pungarehu. Mr. Booth, resident magistrate at 
Patea, was present by invitation, and heard the speeches. Mr. 
Booth reported that Titokowaru had shown untiring energy in 
bringing other tribes to make peace from the date of the " first 
overtures for friendly relations." The Manawatu -block disputes 
still furnished petitioners, praying that the Native Lands Court 
might be brought into operation. That Court early obtained 
praise, and in 1886, the Pakeha Maori, Mr. Maning, officially 
reported that the Native Lands Act 1865 would "prove the most 
beneficial action we have ever attempted in native affairs, and 
that the good effects we may expect from it can scarcely be 
over-rated." The removal by that Act of restrictions upon sales 
by Maoris to Europeans, had been so freely adopted in some 

VOL. II. E E 



418 NEW ZEALAND. 

places that the resident magistrate at Hawke's Bay appealed 
to the Government to protect the Maori from himself. Prima 
peregrinos obscena Pecunia mores intulit. Suddenly invested 
with unchecked control, prone to exchange land for the means 
of idleness and debauchery, the Maori was in many instances 
parting with his heritage so recklessly that a future of pauperism 
was in store for him, unless the Government would use their 
power of declining to assent to the alienation of reserves, and 
thus debar the existing generation from waste. The Pakeha 
Maori (Maning) was called upon to exercise a strange judicial 
function during the Parliamentary session of 1867. Quarrels 
arose about land, the title to which was to be brought before 
him. Two Ngapuhi warriors tottering with age stirred up the 
young, prone as themselves, to fight. Ancient tribal feuds were 
ransacked to envenom differences. The Judge in olden time 
had known the combatants, but kept himself aloof to do official 
justice. The Surveyor asked whether he should carry on the 
survey, backed by force. The Judge replied that he believed 
the man must be mad to ask such a question. The case had 
not come into Court, when two grantees and a claimant had 
been shot. 

In June, the resident magistrate, Edward Williams (a son 
of Archdeacon Henry Williams), found the two parties on the 
brink of battle. They were within a few yards of each other, 
when he rode between them, and out of respect for him they 
retired; and subsequently agreed that he should be their 
arbitrator. He had not received the thanks of the Government 
for his intervention when the disputants met again, and though 
he endeavoured to interpose they commenced firing before his 
eyes. On the 10th July, he saw five killed and two wounded 
as he stood by the Ngarehauata. Fighting was more accept- 
able than law, and the magistrate's entreaties were disregarded, 
until, on the 16th July, the death of Archdeacon Williams drew 
off the sorrowing Maoris to attend his funeral. The scene 
which followed has been told in relation to his death. Judo-e 

O 

Maning's proceedings deserve special mention. Before peace 
was finally made the hostile parties offered to make a truce, to 
attend the Court unarmed, and keep the peace while the Court 
was sitting. He declined to authorize in such a manner, 



EXECUTIVE COUNCIL ADDRESS TO SIR G. GREY. 410 

indirectly, a return to violence after his departure, adjourned his 
Court sine die, or until hostilities should cease, and intimated 
that probably all the Courts in the district would be closed. 
Meanwhile he joined his peaceful persuasions to those of others. 
The Hokianga chief, Abraham Taonui, aided the sons of the 
deceased Archdeacon, peace was made, and the land had rest. 

Such was the aspect of New Zealand life, while the General 
Assembly in 1867 was busy with many things passing an 
" Old Metal and Marine Store-dealers' Bill," regulating Friendly 
Societies, empowering a race-course board at Wairarapa to 
exchange certain lands, and dealing with the thousand objects 
which in all communities of Englishmen engross their time, but 
which, as common to all, require no special notice. The session 
was the last to be convened by Sir George Grey. The addresses 
he received from the two Houses and the remonstrance drawn 
up in his praise by his responsible advisers have been quoted. 
In December, 1867, he was requested to forward the final 
testimony of his Executive Council. "When immediately on 
the receipt of the first intimation that your Excellency would 
shortly be informed of the name of your successor, both Houses 
of the Legislature, by simultaneous addresses, marked their high 
regard for your Excellency personally, and their appreciation 
of your distinguished public services; and while numerous 
bodies of colonists hastened to re-echo those sentiments of 
respect which everywhere greeted you in your late visit 
throughout the provinces, we abstained from approaching your 
Excellency with any expression of sympathy, because we could 
not but believe that, at the close of your career in New Zealand, 
Her Majesty would have been advised* to mark her appreciation 
of your services ; but the tone of the late despatches addressed 
to your Excellency, impels us no longer to withhold the ex- 
pression 'of the 'sentiments entertained towards you, by those 
who have witnessed, near at hand, the devotion to the empire 
and to public duty which has distinguished your long career. 
Seldom has a Governor been placed in circumstances more 
trying, and amid duties more conflicting and embarrassing. In 
so difficult a position we cannot but think that your Excellency 
might reasonably have expected that you would not have been 

left unprotected to bear the unjust aspersions to which you have 

E E 2 



420 NEW ZEALAND. 

been exposed. Again and again during the last twenty-six years, 
where there has been danger and difficulty in the administration 
of colonial affairs, your Excellency's aid has been invoked by the 
most eminent statesmen of the day. Sacrifices you have dis- 
regarded, and trials have served as opportunities of evincing 
devotion to public duty, and we cannot but regard it as indica- 
tive of the indifference, if not positive disfavour, with which the 
colonies of the empire are regarded when loyalty, zeal, and 
high intelligence displayed in the administration of their affairs 
are passed by without even the courtesy of a cold acknowledg- 
ment. Nevertheless, it will be no mean gratification to your 
Excellency to feel assured that upon your retirement from the 
Government of New Zealand, it is universally recognized that in 
defence of constitutional Government, the honour of the colony 
entrusted to your guardianship, and the best interests of the 
empire, you have added to your other sacrifices that of the 
assured prospect of some still more honourable position in Her 
Majesty's service, or a distinguished retirement from the cares 
of office. We trust that the day may not be far distant when 
the high services you have so freely and ably rendered will 
meet with a fitting recognition. We pray your Excellency to 
accept these words as expressing the sentiment of Ministers who 
have had the honour of being associated with you in the 
administration of the affairs of New Zealand." The names of 
E. W. Stafford, William Fitzherbert, John Hall, T. M. Haultain, 
J. C. Richmond, J. H. Harris, and Major Richardson were 
attached to the address. 

Sir George Grey replied : " It is fitting that I should briefly 
acknowledge the far mor% than friendly words which you have 
addressed to me on my removal from my office of Governor of 
New Zealand. These words coming from those who not only 
have seen and known the trials and difficulties I have had to 
encounter, but who also amidst those difficulties have been my 
advisers and fellow-labourers, are very valuable to me, and I 
shall often think of them in my retirement. I will only further 
say to those who by their advice, by their sympathy, and by 
their own toils and devotion to public duty, have so often 
guided my path in difficulties, and lightened the labours im- 
posed upon me, that I thank them for the services they have 



THE COLONIAL OFFICE. 421 

rendered their Queen and country ; that I also thank them for 
their affectionate farewell, and that whatever may be the future 
trials and changes of my life, I shall always think myself 
fortunate that they were so long given me as companions and 
associates in the trying duties I had to perform in New Zealand." 
The framers of the address could not complain of any terms 
applied to it by the Duke of Buckingham. Its receipt was 
acknowledged without a word of comment. Well might Rajah 
(Sir James) Brooke groan in bitterness of spirit that the fiction 
that honours were conferred by the Queen could barely make 
them respectable. Well might one who had been Under- 
secretary for the Colonies l declare that the manner in which 
distinctions were conferred by the Colonial Office was fitted to 
degrade them. When the Duke of Buckingham thus super- 
ciliously set aside the protestations of the Executive Council of 
New Zealand with regard to the public services of a man for 
whom several of them could in no manner be supposed to be 
prejudiced, there was in a neighbouring colony another man in 
full career on the path to titular honour obtained in the manner 
denounced by Mr. Merivale. Convicted of sedition in 1844, but 
set at large on technical grounds, reverting to seditious practices 
but evading the personal risks to which he incited others, for the 
desertion of whom one of the most resolute among them branded 
him as " a pitiable blaspheming traitor," intriguing against his 
Sovereign, against his reputed leader Daniel O'Connell, against 
his country and his oaths in the House of Commons and in 
a colony, fawning upon his countryman O'Shanassy in Victoria, 
until he had obtained a title and a pension, and then spurning 
the patron whom he no longer needed, Mr. Charles G. Duffy 
pursued the primrose way to the favours of Downing Street. 
They could not. convert him from that to which he was in a 
manner born, but the method of their distribution might sour 
the minds of others more loyal than he. History has different 
garlands to dispense, and strikes a juster balance between the 
ignoble and the worthy. One gathers honour with time, while 
the distinctions of the other excite disgust. 

Sir George Ferguson Bowen assumed office as Governor of 
New Zealand on the 5th February, 1868. His predecessor 
1 Herman Merivale. 



422 NEW ZEALAND. 

remained in the colony until, at the close of the year, he 
hastened to England to fight his battles in person, and to press 
upon the Colonial Office the propriety of doing right in regard 
to the slaughtered Maori prisoner of war. Sir George Bowen 
thought it becoming to show public respect towards the super- 
seded Governor. He informed the Colonial Office that Sir G. 
Grey was to be entertained at a banquet (at which Sir David 
Monro was to preside), and that, having been invited, he would 
have much pleasure in evincing his sense of the personal 
courtesy and consideration he had received from his " able and 
accomplished predecessor, whose name will be inseparably 
connected with the history of this colony." 



423 



CHAPTER XIV. 

NATIVE LAND COURT. 

IT is proper to examine the working of the Native Lands 
Court, constituted under the Native Lands Act of 1865. Two 
or three cases which were brought before the Land Court and 
before the Compensation Court created under the New Zealand 
Settlements Act, will throw light upon many previous occur- 
rences dealt with in these pages. One enabled justice to cast a 
momentary ray upon the shameful wrong done to the loyal 
Ngatiawa chief, Te Rangitake, at the Waitara. It would have 
been easy to state the final result, and then to dismiss the 
subject. But by such a course the true history of New Zealand 
would have been concealed ; and by such a course the numerous 
misrepresentations in other works would have been contradicted 
but not disproved. The act done at Waitara by Governor 
Browne was the plague-spot which corrupted the subsequent 
life of the colony. He himself, and Mr. Richmond, wrote 
despatches and minutes, as bulky as volumes, in which they 
contended that the prayer of Sir William Martin and others for 
judicial inquiry was ridiculous, and that the title of Teira, so 
rashly accepted by Governor Browne, had been " duly investi- 
gated" and found good. Two or three sentences written by 
Governor Browne and Mr. Richmond may be quoted before the 
proceedings of the Land Court are told. To the Secretary of 
State the Governor wrote (March, I860) : " I have insisted on 
this comparatively valueless purchase, because if I had admitted 
the right of a chief to interfere between me and the lawful pro- 
prietors of the soil, I should soon have found further acquisition 
of territory impossible in any part of New Zealand." A pub- 
lished manifesto prepared for the Governor by his Ministry 



424 NEW ZEALAND. 

declared : " Te Teira's ti tie had been carefully investigated and 
found to be good. It is not disputed by any one. The Governor 
cannot therefore allow Te Rangitake to interfere with Te Teira 
in the sale of his own land." To his shame it must be said 
that Mr. Donald McLean abetted this manifesto. In the same 
despatch which transmitted that manifesto to England was 
enclosed a memorandum by Mr. Richmond, imploring for troops. 
Mr. Richmond wrote : " An occasion has now arisen on which it 
has become necessary to enforce obedience to the Governor's 
decision by a military force. The issue has been carefully 
chosen the particular question being as favourable a one of its 
class as could have been selected." The reader will form his 
own conclusions as to the class, after scrutinizing the special and 
favourable case thus gravely averred to have been carefully 
chosen. It is only necessary to refer generally to the earnest 
intercessions of Sir William Martin, the Bishop, and Archdeacon 
Hadfield, in favour of judicial inquiry, and the contempt with 
which they were thrust aside. The land at the Waitara was 
included in the blocks confiscated in the Taranaki province in 
September, 1865. It will be remembered that within confis- 
cated tracts, the Government undertook to reserve and award 
lands to loyal natives who had tribal rights in the district. 
Rebels were also invited to declare their allegiance, and thus 
entitle themselves to restoration of such lands as might be 
allotted to them. To ascertain the proper quantities to be 
awarded in the Taranaki province a Government Gazette notice 
intimated in March, 1866, that a Compensation Court would be 
" holden at New Plymouth (Taranaki), for the purpose of hearing 
and determining the claims of persons to compensation on 
account of the taking under the authority of the New Zealand 
Settlements Act of the blocks of land in the province of Taranaki 
hereunder described." The blocks were described by certain 
boundaries as the Waitara South, and the Oakura. The first- 
named included the land which Governor Browne professed to 
buy from Teira in 1859, and which was abandoned by the Gov- 
ernment in 1863. The Oakura case was first undertaken. The 
Judges of the Compensation Court were Mr. Fenton sitting as 
Senior Judge, and Messrs. J. Rogan and H. A. M. Monro sitting 
as Judges. It will be remembered that Mr. Fenton was also 



LAND AND COMPENSATION COURTS. 425 

Chief Judge of the Native Land Court. Mr. W. S. Atkinson 
appeared as Crown Agent to oppose the claims of the natives. 
His contention was peculiar. By the Settlements Act the 
Crown could elect whether to give compensation in land or in 
money. He elected " to give land in lieu of money." But the 
Oakura block was supposed to contain from 25,000 to 26,000 acres, 
and the Crown or its agents, without regard to possible or probable 
claims of loyal natives, had authorized occupation by European 
settlers to such an extent that only 2500 acres remained to 
satisfy any awards which might be made by the Compensation 
Court. Mr. Atkinson pleaded generally, as Mr. Fox and his 
friends had often urged, that the natives did not really exercise 
ownership, and only used about 1000 acres properly. On this 
point a chief replied : " As to the extent of our cultivations, I 
call attention of the Court to our live stock on the land. I 
demand that our compensation be within the block ; the blood 
of my relatives is on the land. Remember my services during 
the war. My cattle, my sheep, my pigs, and all my property 
went in the war ; my wheat and my cultivations ; and I never 
received any compensation for them, though the Pakehas have 
all been compensated. What I did was not rewarded. Let the 
Government now fulfil its promises." Mr. Atkinson was unable 
or unwilling to produce any evidence as to the lawful settlement 
of military settlers on, or of the disposal of, the block by sale, to 
such an extent as to leave an insufficient quantity of land to 
meet the claims of natives, which claims were contemplated in 
the Act, and had been repeatedly and solemnly guaranteed by 
the Government. In a proclamation of the 17th December, 
1864, there was the unshakable sentence : " The land of those 
natives who have adhered to the Queen shall be secured to 
them." There had been other intimations of like purport. 
The Court considered and admitted 76 claims in a manner 
which may be told in their own words. 1 " Having thus arrived at 
the, to us, unavoidable conclusion that the claimants before us 
were entitled to 7400 acres of good land in this block, and 
having accepted Mr. Atkinson's assertions that the whole of the 
available land, except 2500 acres, had been appropriated to 
military settlers, the question then arose, What are we to do ? 
1 N. Z. P. P. 1866 ; A. No. 13. 



426 NEW ZEALAND. 

We thought that possibly the Government were not aware of 
the large majority of owners of this land, who had remained 
loyal, and reflecting on the great public calamity which would 
be caused, and the serious embarrassment which would occur to 
the Government if we issued orders of the Court extending, as 
they would have done, over the lands of considerable numbers 
of these military settlers, we determined to despatch one of our 
number to Wellington to place the state of affairs before the 
Government, and give them an opportunity of availing them- 
selves of the power given to the Colonial Secretary by the 9th 
clause of the Act of 1865. 1 We accordingly postponed our 
decision, and Mr. Rogan went to Wellington, whilst Mr. Monro 
and I proceeded with the case of Waitara South. Mr. Rogan 
returned with the Honourable Colonel Russell, the Minister for 
Native Affairs, who effected an arrangement with the claimants, 
and ultimately all the claims except one, that of Rawiri Motuere, 
were withdrawn to our satisfactio