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Chapter 6 the Tough Morsel

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Chapter 6 the Tough Morsel 55 CHAPTER 6 THE TOUGH MORSEL At the conclusion of the meeting on 5 February discussion was adjourned for the chiefs to consult, while Taylor went off with the Māori text to copy. On 6 February 1840, before the signing of the Treaty of Waitangi commenced, Hobson "proposed that the Rev H Williams should read the treaty to the natives from the parchment (as that read the day before was from the draft on paper), which was done by Mr Williams".1 The words are William Colenso's, taken from his eyewitness account. It was now that the final text in Māori was revealed. A text in English was not used on this occasion. To the alarm of the missionary party Pompallier, who had attached himself to the official party, Bishop now asked publicly that the Governor confirm that freedom of religion would be maintained, undoubtedly bearing in mind the hostility which had greeted him on his arrival at Hokianga in 1838. Hobson was aware of these matters, and was already briefed on the non­denominational policy of Lord Palmerston, so he assented to the alteration of the Māori text without discussion of the question. The missionaries of the Church of England, however, were taken aback. Colenso, according to his own account, then said to Henry Williams, in a desperate effort to snooker the Bishop:2 "Pray, sir, write it down first, as it is an important sentence." Thereupon Mr Williams, taking paper and pencil, proceeded to do so. The paper, when written on, was passed to the Governor for the Roman Catholic Bishop's inspection, who, having read it, said in English, "this will do very well;" on which the paper was read to the natives. The slip of paper contained the following words: "E mea ana te Kawana, ko nga w[h]akapono katoa, o Ingarani, o nga Weteriana, o Roma, me te ritenga Maori hoki, e tiakina ngatahitia e ia." (The Governor says the several faiths [beliefs] of England, of the Wesleyans, of Rome, and also the Maori custom, shall alike be protected by him.) I got Mr Williams (though with some little hesitation on his part) to insert "me te ritenga Maori hoki" (and also the Māori custom or usage) as a correlative to that "of Rome." The 'correlative' suggested by Colenso was evidently intended to trivialise the Hahi Katorika Romana as no more than 'heathen superstition' like that of the unconverted Māori, in contrast to the Protestant faith ("wakapono"). The text on the slip of paper was recorded, but not transcribed on to the document about to be signed – surely an omission on Pompallier's part. This guarantee of religious freedom has been characterised as the "fourth clause" of the treaty, but it was not 1 W Colenso Authentic and genuine history (1890) 31. 2 Above n 1, 32. 56 RJP/NZACL CAHIER SPECIAL incorporated in any of the subsequent copies of the Māori text, and it was not even mentioned by Hobson in his despatches.3 The text of the clause is unquestionably authentic, however, and is substantially confirmed by the writings of Henry Williams, Pompallier, Busby and Colenso. Henry Williams observed to Hobson that the guarantee was redundant, given existing British policy. And British policy on toleration of 'heathen practices' certainly did not extend to protection of 'ritenga Māori' such as slavery, plural marriage and cannibalism; such practices were explicitly interdicted as repugnant in Hobson's Instructions from Normanby. 4 Why had not Pompallier settled the matter by insisting upon having the clause added to Taylor's parchment? Perhaps, just as the American naval officer (from the expedition of Wilkes, then at the Bay of Islands) deliberately absented himself during the speeches on the previous day, so as not to be seen to be involving America in a diplomatic controversy, Pompallier also was anxious not to become a British tool in a political fait accompli, stage­managed by his sectarian rivals and compromising his allegiance as a Frenchman. That, probably, was the reason he left the table as soon as the amendment was agreed upon. And that was his mistake. For Pompallier was not the unbiased and apolitical person he pretended to be. Colenso states that Pompallier had gone about urging chiefs not to sign the treaty, including some of those who had spoken against it the previous day. 5 And Pompallier certainly continued these endeavours in the Bay of Plenty soon afterward. A different perspective on the 4 th clause incident is given by Henry Williams, who does not mention Colenso's intervention to add the words about 'ritenga Maori': In the course of a few minutes the French Bishop attended by one of his priests pushed forward to the side of Capt Hobson & requested "That the natives might be informed that that [sic] all who should join the Catholic religion should have the protection of the British Government" Capt H with much blandness observed "but certainly" and expressed his regret that he had not made known his wish earlier as "your desire should have been have been embodied in the Treaty" and turning to me [Henry Williams] requested that I would thus explain the wish of the Bishop. I observed to Cap H I presumed the same protection would be afforded to all, he said certainly. I asked what need of this announcement if all would have protection alike Capt. H. observed that as the Bishop wished the communication to be 3 The manuscript clause in pencil has not been traced but in the Colenso manuscript 'Memoranda' it appears at the end of a long late addition to page 22. 4 The word 'ritenga' as used in the title of the Book of Common Prayer translations connoted 'usages' as opposed to 'rites and ceremonies' (translated as 'tikanga'). 5 Hobson may have decided for his own reasons to eliminate the clause; after the addition of signatures at Hokianga some days later, some of the signatories asked to have their marks removed. For the account of the speeches on this occasion see 'Specimen of New Zealand eloquence. Notes of a meeting at Hokianga, from the original taken on the spot by Shortland, rendered into Anglo­New Zealand by Mr Wade of the Church Mission, February 1840" in New Zealand Journal no 26 (16 January 1841) p 20, which took the text from the Singapore Free Press. ENGLISH DRAFTS OF THE TREATY OF WAITANGI 57 made he should feel obliged by my delivering the same to the meeting. I accordingly commenced but could not proceed finding that it was somewhat [of a tough morsel] requiring care. 6 Williams then wrote it down, with or without Colenso's prompting, terming it the 'tough morsel' in his son­in­law's biography:7 Catch the idea. This was to be a stipulation between the Queen and the natives of New Zealand. At this date Captain Hobson was under the delusion that the Roman Catholics carried the sway among the Maories. Captain Hobson, after his reply to the Romish Bishop, requested that I would explain the desire of M Pompallier to the chiefs. I observed to Captain Hobson, I presumed the same protection would be afforded to all. He said, certainly. I asked, what need then of such an announcement, if all would have protection alike? What was really going on? Henry rightly recognised that the guarantee of religious freedom did not need to be in the Treaty, because it was automatically one of the rights and freedoms of British subjects. It was guaranteed by the third clause of the Treaty, so to restate it in the fourth clause was simply redundant. Henry Williams implies in his "Early Recollections" that Pompallier had intended that his own church would be singled out for protection, but this was certainly not the intention of Hobson, nor of Pompallier.8 The insinuation that Henry had frustrated Pompallier's object also seems far­fetched. But Henry Williams, like the Bishop, was certainly playing a double game. As recently as January, Williams had visited Tauranga to attend a Special Meeting of Missionaries, when it was recorded that "the Papists have designs of forming a station at Opotiki" and two Protestant missionaries (Wilson and Burrows) were sent there to prevent them. At the same meeting Henry reported on his recent visit to Cook Strait, the danger of papist 'incursions' and land­jobbing and urged that "a successful opposition would be given to Popery & the temporal and spiritual interests of the natives" if Waiapu, Poverty Bay, Kapiti and Wanganui were "immediately occupied".9 6 AR MS 46 (6) document in Busby's hand headed "at the second meeting" and "Treaty of Waitangi". The words "of a tough morsel" are missing in Busby's holograph but are supplied in the alternative Carleton source for the text. 7 H Carleton, The life of Henry Williams, Archdeacon of Waimate (1874, 1877) v 2, pp 14­15. Carleton adds in the succeeding paragraph of his 1877 text that "inversion or anticipation of dates is sometimes needed, to preserve continuity of subjects". The text is also given in the revised edition by James Elliott, (Wellington: Reed, 1948) pp 314­315. 8 The manuscript of Henry Williams is also in the Alexander Turnbull Library ATL­MS­2409. The text written by Busby is clearly a transcription of a text by Henry Williams but it is not a faithful transcript of Carleton's published text as Busby had died in 1871 six years before it was published and Henry Williams had died in 1867. 9 Minutes of Special Meeting of Missionaries, Tauranga Jan.
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