1840 TIMELINE:

JAN 29, 30, 31

FEB 1, 2, 3, 4, 5, 6, 7, 8

FEB 17

FEB 20

MAR 1

APR 11

What happened at Port Waikato on April 11?

1840 TIMELINE

A portrait of HMS Herald lying at anchor in Sylvan Cove, Stewart Island, drawn by Edward Marsh Williams, 1840.

January 29th 1840...

Lieutenant Governor Hobson arrives in New Zealand aboard the HMS Herald, having been sent by the Colonial Office with a very comprehensive brief. This brief relates to the explicit conditions of a signed Treaty being entered into with the Maori Chiefs of New Zealand and their willing ceding of the Sovereignty of their country to Queen Victoria. These conditions constituted basic requirements that had to be attained before Britain was prepared to declare New Zealand to be a British Colony.


James Busby, New Zealand Resident (The highest British authority) comes aboard HMS Herald, then lying at anchor at the Bay of Islands, and immediately enters into consultation with Hobson in Hobson's cabin. Accompanying Busby to the ship was Mr. Charles Baker, missionary, who in the temporary absence of Henry Williams (head missionary), was in charge of the Paihia Mission Station and printing press. Henry Williams would return and have meetings with Hobson on the afternoon of the 1st of February, 1840.


James Busby is informed that his official position as Resident is being superseded and that Hobson has been declared Lieutenant-Governor over "such part of that colony in New Zealand as might be acquired in sovereignty".


A letter (and accompanying "notice" document) from Hobson are despatched to Charles Baker, who had gone ashore while Hobson and Busby were in consultation. The letter requests that a draft invitation, for the Chiefs to attend a meeting, be printed and distributed to them by messengers. James Busby is in possession of the letter and draft invitation and gives them to Baker when he comes ashore.


Mission printer, William Colenso, works well into the night to have 100 "notices of a meeting" (by now translated into Maori) printed and ready for circulation by messengers. The invitations are signed by Busby and invites the chiefs to assemble at his house the following Wednesday. The chiefs will there meet Lieutenant Governor William Hobson and listen to his proposal from Queen Victoria.


January 30th 1840...

The printed invitations are sent by messengers to the chiefs.

Hobson comes ashore in full dress uniform and, at the Kororareka church, reads out his Commission from Queen Victoria and a "Proclamation", which effectively disclose the reason for his presence in New Zealand. 'At the church the residents were gathered, probably in greater numbers than ever before, and heard the proclamation informing them that the Queen's Writ had come to the bay and that as one of its implications no further land purchases from the natives would be recognised as valid. During the next few days there was much debate in Kororareka, for Hobson's announcement of his policy with regard to land purchase was most disturbing to land speculators' (see William Colenso, by Bagnall & Peterson, pg. 90).


January 31st to February 5th...

This period of time is devoted to drafting the English text that will become the Maori Tiriti O Waitangi - Treaty of Waitangi, the wording of which has to comply to the stringent requirements of the Colonial Office. Of this exercise a historian writes: "The exigencies of the position demanded that the greatest care should be exercised in framing the terms of the document...The number and extent of the erasures in the original draft indicate that the greatest care was taken in its composition by those concerned' (see The Treaty of Waitangi, by T.L. Buick pg. 109).


February 1st 1840...

At about this time the rigours of extended voyages and the stress related to official responsibilities over a considerable period, cause Hobson to be quite run down and tired.On this evening he has a "terrible row" with Captain Nias and is sickened by stress in dealing with the Captain. He begins to experience the first symptoms of a stroke, which will kill him within 3-years. On the 2nd of February he will be confined to his cabin aboard the Herald for much of the day and it becomes apparent to him that he has to delegate the task of writing the treaty to Busby. He, therefore, has the principal member of his staff, Mr. George Cooper, take his rough treaty draft notes, together with a request that James Busby give him an opinion as to the suitability of the document. These notes have been written up by both Hobson, initially, and later J.S. Freeman, Hobson's secretary, who has also created a Preamble text of his own.


Head missionary, Henry Williams returns at haste from Waimate and goes aboard the Herald to meet with Hobson. This early reunion with Williams, whom Hobson had met in 1837 when visiting New Zealand as captain of H.M.S Rattlesnake, is a pleasant surprise to Hobson. Williams assures Hobson of his hearty support in the purpose of establishing Her Majesty's authority in New Zealand and offers his assistance in any capacity for which he can be of service. One historical account has Henry Williams arriving back as early as the 30th of January.


February 2nd to February 3rd 1840...

It would appear that George Cooper, while attending church at Paihia with Felton Mathew, gives the rough draft treaty notes to Busby on this day. Busby has no hesitation in saying that they are quite unsuitable in their wording to accomplish the objective. Busby is making a judgement, based upon his 7-years of experience as Resident and his long-term association with the Maori people. Because of Hobson's illness, Busby assumes the task of organising, clarifying and rewriting the document from the existing rough notes. During the afternoon / evening of the 2nd and throughout the entire day of the 3rd of February he devotes time to fleshing out, Articles I, II & III and creates an extensive Consent and Signing section. This approximate layout, with some scant ideas for Articles was, originally, conceived by Hobson and J.S. Freeman. Some preliminary ideas for the articles are found amongst Freeman's notes. On the 3rd and 4th of February, both Hobson and Busby, working with other advisors, will complete the final draft (the Littlewood Treaty). J.S. Freeman (Hobson's secretary), J.R. Clendon and an individual named Brown are also said to have had some input in these final drafting stages, leading to the finished treaty (see, Shadow of the Land, by Government Historian, Ian Wards, Wellington, 1968, pg. 42). Rev. Henry Williams appears to have played a prominent role throughout the entire drafting process and all the senior CMS or Wesleyan missionaries act in an advisory capacity.

In the afternoon of the 2nd of February, Felton Mathew and others of Hobson's staff take Hobson to view Busby's 2-room cottage at Kororareka. This cottage is located on the opposite side of the bay to where Busby has his official residence at Waitangi. It seems apparent that, during Sunday morning, something has been said to Busby by Felton Mathew and George Cooper about Hobson's stress related illness. Busby, it would seem, suggests that Hobson use his Kororareka township, two-room cottage. It's very important that Hobson distances himself from further arguments with Captain Nias aboard H.M.S. Herald if he is to succeed in finalising the treaty draft before the meeting on the 5th of February.


February 3rd 1840...

Sailors of the Herald begin labouring ashore under the direction of Lieutenant Fisher, to create a large marquee, with a framework of ship's spars and a covering of ship's sails. This huge tent structure, erected on the front lawn of Busby's official Residency, is 150 feet long and 30 feet wide. A series of smaller tents are set up around the larger one. These are for the shelter of Maori who, for reasons of inferior rank or otherwise, might not be able to find a place within the larger structure. The large marquee has a raised platform at one end and an impressive table overlain with a large Union Jack flag.

Hobson goes ashore in the afternoon and stays ashore overnight at Busby's cottage. James Stuart Freeman, Hobson's secretary, records the location from which he writes his afternoon despatch as Kororarika, Bay of Islands.

Busby meets with Hobson at Kororareka and submits his rough treaty draft, which he has been working on during the afternoon of the 2nd and most of the day on the 3rd. During the day he has produced a corrected copy of his earlier effort and this is the version he brings to Hobson. They meet at Busby's cottage at Kororareka and, by the following day at least, discuss a rental price, per annum, for the premises.

On the evening of the 3rd, there is still quite a lot of work to do in creating a treaty document that conveys the exact meanings required by the Colonial Office. Busby has forgotten to word his draft so that it is directed toward the rights of "all the people of New Zealand"and not just the Chiefs and tribes. Work will continue on the final English draft tomorrow and it will be completed then. To view Hobson's/Freeman's/ Busby's rough notes, completed up to this stage of development (3rd of February 1840) and also the final draft of the 4th of February, CLICK HERE.


February 4th 1840...

Hobson's final English draft of the Treaty of Waitangi is written up during the day on paper which bears a W. Tucker 1833 watermark. The only individual known to be using this paper in New Zealand during 1839 to 1841 was James Reddy Clendon. As U.S. Consul, most of his despatches to the U.S. Secretary of State throughout this period include letters or reports written on W. Tucker 1833 paper. All available evidence points to the fact that the final drafting session took place at Clendon's Okiato home, with Clendon advising and supplying the paper. The final text wording is written by James Busby under the direction and approval of Lieutenant Governor Hobson. Busby dates the document the 4th of February 1840.

Article II of the final draft in English of the Treaty of Waitangi, written by James Busby on J.R. Clendon's W. Tucker 1833 paper stock and dated the 4th of February 1840.

U.S. Consul, James Reddy Clendon takes this opportunity to transcribe a copy of Busby's final draft for later despatch to his American superiors, should the British be successful in securing a treaty.

The available evidence points to the fact that the final draft was written at Clendon's Okiato estate, which is very convieniently located only a short distance by water from the C.M.S. Mission at Paihia (present day Te Haumi). Hobson goes to missionary Henry Williams and hands him the final English treaty document at 4pm in the afternoon. Hobson asks Williams if he would be good enough to translate the document into the Maori language for presentation to the chiefs by the morning. Williams commences the translation with the expert assistance of his son Edward, who is considered to be a scholar, par excellence, in the Nga-Puhi dialect. Henry Williams has, by this time, been a missionary in New Zealand for 17-years and is a very fluent speaker of the Maori language and an adept, seasoned translator. Edward, having been raised in a predominantly Maori community, is exceptionally fluent in the Maori tongue.


February 5th 1840…

Every effort is made to perfect Williams' Maori translation document right up until the last minute. Of the finished Maori version a historical account says: 'Upon its completion the work was revised by Mr. Busby, who suggested the elimination of the word Huihuinga used by the translators, and the substitution of Whakaminenga more adequately to express the idea of the Maori Confederation of Chiefs' (see The Treaty of Waitangi, by T.L. Buick, pg. 113).

Once the paper draft, in Maori, is completed (with a correction) the text is to be accurately transcribed (after the meeting on the 5th) to the final (parchment) document (upon which signatures are written on the 6th). Lieutenant Governor Hobson later states that this final, carefully considered Maori wording is, 'de facto the treaty, and all the signatures subsequently obtained were merely testimonials of adherence to the term of the original document' (see The Treaty of Waitangi, by T.L. Buick, pg. 147).

At nine o'clock the Lieutenant Governor, accompanied by Captain Nias of H.M.S. Herald, lands at Waitangi (seemingly for the very first time) and at once goes to Busby's residence. Prior to the commencement of proceedings, Hobson consults with Resident James Busby, Rev. Henry Williams and the Rev. Richard Taylor. Bishop Pompallier arrives at 10: 30 am and makes a grand entry, dressed in "full canonicals".

At midday Hobson and his entourage, including a somewhat disgruntled Bishop Pompallier, take their seats on the platform. The finely attired chiefs find the best vantage positions, facing the British dignitaries. Five yards of space are kept clear between the platform and the sitting chiefs to allow orators to move and gesticulate while making presentations. Hobson rises and delivers a carefully prepared speech, using extensive notes. After explaining the reason for a Treaty and its benefits to the people of New Zealand, both Maori and settlers alike, Hobson reads the English version of the Treaty to a large assembly composed of both Maori and Europeans. His address is followed by Rev. Henry Williams, who reads the Maori version of the Treaty.
Dr. Phil Parkinson of the National Archives expresses the belief that the English version, read to the assembled crowd by Hobson, was the Littlewood Treaty. [Busby's final draft] (Letter from Dr. Phil Parkinson to Martin Doutré, 24/12/03).


The chiefs rise, each in their turn and speak, with arguments for and against the Treaty and this process continues throughout the afternoon, interspersed with explanations from the platform in response to the questions and challenges of the chiefs. When the debate seems to be going quite badly for the British, Chief Tamati Waaka Nênê turns the meeting around and influences the assembly to accept the Treaty. The meeting endures until 4 o'clock, after which time Hobson returns to H.M.S. Herald. The chiefs had requested time to talk amongst themselves and enter into hui discussions, which are to endure through much of the night. The Rev. Henry Williams, as well as others of the missionaries, is in attendance at the hui to explain and clarify the wording of the treaty document and finite meanings. It was initially expected that the earliest that the chiefs would reconvene with a decision would be on the 7th of February.

Richard Taylor writes in his diary, 'The Governor told them he did not wish them to sign in haste and appointed a second meeting for the seventh, but when he had left I thought it most likely nine-tenths of them would leave for their respective homes. I therefore sent a message to him and told him I would remain until I received his reply to give notice of the meeting being held the next day. His reply was favourable and the rough copy of the treaty [Maori text] was sent to me to get copied...I sat up late copying the treaty on parchment and kept the original draft for my pains' (see The Treaty of Waitangi, by T.L. Buick, pg. 150).

 

February 6th 1840...

The signing ceremony of the Treaty of Waitangi. The Chiefs had met in a lengthy hui discussion at Mii marae after the meeting of the 5th and had decided to sign the Treaty during the early hours of the morning on the 6th of February 1840.

During the night the chiefs have decided to sign the Treaty and ask Henry Williams why there is any need for further delay. Hobson, however, has not been informed of this early decision, until after two officers, who had gone ashore at about 10 o'clock, are told that the assembled crowd are awaiting the arrival of the Governor. They explain that, "His Excellency certainly knew nothing of a meeting to be held here this day". Hobson is quickly summonsed and is obliged to come ashore so hurriedly that he arrives in civilian clothes, instead of his full dress uniform. The signing of the Treaty on the 6th has taken him completely by surprise and he is totally unprepared for the auspicious event. Upon arrival ashore he says that he "had not entertained the least notion that a meeting was to be held; that as matters stood he was quite prepared to take the signatures of all the chiefs willing to sign, but that they still must hold a public meeting on the following day, as already announced by him'.

Hobson, once having regained some degree of composure convenes the meeting after a table is hurriedly supplied, upon which the Treaty document can be lain for the chiefs to sign. After the treaty document is reread to the assembled chiefs, tribes people and settlers, Hone Heke steps forward as the first of the chiefs to sign the Treaty of Waitangi. During the proceedings 43 chiefs sign the treaty, including some who had not been in attendance the previous day.

February 7th 1840...

Although Governor Hobson has scheduled a meeting for this day, the skies open up with an incessant downpour, sufficient to dispel any hope of a meeting. The day is utterly uneventful.

February 8th 1840...

The Union Jack flag is raised at Waitangi and a 21 gun salute fired to commemorate the cession to Her Majesty of the right of Sovereignty of New Zealand.

On this day the "store ship", the Samuel Winter, leaves the Bay of Islands at noon carrying Hobson's first despatch outlining all of the treaty proceedings and announcing that a treaty has been secured in a region of the North of the Northern Island. In this despatch is a handwritten copy of the Treaty in Maori for Governor Sir George Gipps, penned by Reverend Henry Williams (See Vol. G / 30-1, National Archives of New Zealand, Wellington).

February 9th

Hobson and others of his delegation make preparations to go to the Hokianga district to attend treaty signing assemblies there They head out on the 11th of February.

February 12th

Hobson conducts a major meeting in the Hokianga at which he secures the signatures of 78 chiefs.

February 14th

Hobson's delegation return to the Bay of Islands district intent upon sailing in the H.M.S. Herald for Thames on about the 17th. Unfortunately, Captain Nias, who accompanied Hobson to the Hokianga District has come down with a bad bout of influenza and has to stay over at the home of Reverend Richard Taylor at Waimate until he is better.

February 16th

Hobson takes full advantage of the "lull" time between his return from the Hokianga and awaiting to sail to Thames and writes up very extensive reports to be sent in two separate despatches. He wishes to bring his superiors fully up to date on all happenings since his arrival in New Zealand. One despatch will go to Governor George Gipps in Australia and the other directly to Lord Normanby in London, England

February 17th 1840...

The printing press of the Church Missionary Society prints 200 copies of the Maori version of the Treaty of Waitangi, which is the only "official" version to be conveyed / presented to Maori prior to signing. These printed copies are later distributed to all the missionaries and other parties involved in seeking signatures from the chiefs around New Zealand. Some of the prints are earmarked for international despatch to foreign governments, while others filter through the general population of New Zealand and end up in private collections.

At Treaty gatherings it is this text alone that is read to the Maori people, prior to debate and discussion. This strict wording constitutes the solitary compact / contract, the meaning of which is locked to the meaning of the final English text that has been its "mother" document.

February17th - 21st

Hobson wants to head for the Thames, as well as get his two large despatches away to his superiors in Sydney and London. There have been no incoming and departing ships, upon which he can send a despatch, since the Samuel Winter left on the 8th, but on the 17th the Martha turns up and it is due to sail to Sydney on the 19th. However, because of a steady and incessant, unfavourable ESE wind the ships are locked in the bay until the wind changes on the 21st.

This long stalemate period provides Hobson with ample time to send everything, including a printed Maori copy of the treaty that came off the press on the 17th. One item included in a despatch is something called a "treaty translation" that has been "certified" by the signature of "translator", Reverend Henry Williams. He is, in this instance, certifying one of the printed Maori sheets that have newly become available. James Stuart Freeman provides a statement at the bottom of one of his strange English treaty texts that says: 'I certify that the above is as literal a translation of the treaty of Waitangi as the idiom of the language will admit of'. In the enclosures sent in two despatches, one to Sir George Gipps in Australia and another to Lord Normanby in England, a total of 3-printed Maori treaty sheets were sent. It was this "translation" work by Reverend Henry Williams that he was certifying.

On 17th of February, James R. Clendon signs the Treaty of Waitangi in behalf of Chief Pomaré II, who's PA sits adjacent to Clendon's estate. It's apparent that Hobson or members of his staff meet with Clendon on this day at Okiato or nearby at the PA of Pomaré II.

James Reddy Clendon, British Captain, successful merchant and Consul to the United States, who played very important drafting and supporting roles for both the 1835 Declaration of Independence for the Confederation of United Chiefs and the 1840 Treaty of Waitangi. His signature appears on both New Zealand documents.

February 20th 1840.

U.S. Consul, James Reddy Clendon needs to despatch a copy of the Treaty of Waitangi to the American Secretary of State in Washington D.C. to inform the United States Government that a British colony now exists in New Zealand. Clendon now has sufficient documentation to send a despatch, as C.M.S. mission printer, William Colenso has, 3-days previously, printed the Treaty of Waitangi in Maori. He has also, previously, printed Proclamations outlining the commission of William Hobson from Queen Victoria. All indications, historically, show that Clendon was deeply involved in the Treaty drafting process during the last stages and the final draft of the 4th of February was written up, by Busby, on Clendon's W. Tucker 1833 watermarked paper. On the 4th of February, Clendon took his own transcript of Busby's final draft and kept it confidential until the treaty was signed on the 6th of February. He now can inform his superiors of important, recent political developments in New Zealand that will, eventually, affect American commerce in the region.

. On the 20th of February 1840 he sends a despatch (No. 6), which includes a printed Maori Treaty version, two printed Proclamations and his hand-written English transcript of the treaty, based upon the final English draft he'd seen on the 4th. He is unable to guarantee that this transcribed wording constitutes the "official" English wording, as he doesn't know if further changes were made to the "final draft" after he last saw it. He, therefore, calls his transcript a translation, knowing full well it is very close to the original, but says he will have Hobson issue the "official" English text when the Lieutenant Governor returns from the Southward.

BUSBY'S FINAL DRAFT …4TH OF FEBRUARY 1840.

Her Majesty Victoria, Queen of England in Her gracious consideration for the chiefs and people of New Zealand, and her desire to preserve to them their land and to maintain peace and order amongst them, has been pleased to appoint an officer to treat with them for the cession of the Sovreignty of their country and of the islands adjacent to the Queen. Seeing that many of Her Majesty’s subjects have already settled in the country and are constantly arriving; And that it is desirable for their protection as well as the protection of the natives to establish a government amongst them.

Her Majesty has accordingly been pleased to appoint me William Hobson a captain in the Royal Navy to be Governor of such parts of New Zealand as may now or hereafter be ceided to her Majesty and proposes to the chiefs of the Confederation of the United Tribes of New Zealand and the other chiefs to agree to the following articles.-

Article first

The chiefs of the Confederation of the United Tribes and the other chiefs who have not joined the confederation, cede to the Queen of England for ever the entire Sovreignty of their country.

Article second

The Queen of England confirms and guarantees to the chiefs & tribes and to all the people of New Zealand the possession of their lands, dwellings and all their property. But the chiefs of the Confederation and the other chiefs grant to the chiefs Queen, the exclusive right of purchasing such land as the proprietors thereof may be disposed to sell at such prices as shall be agreed upon between them and the persons appointed by the Queen to purchase from them.

Article Third

In return for the cession of the Sovreignty to the Queen, the people of New Zealand shall be protected by the Queen of England and the rights and privileges of British subjects will be granted to them.-
Signed,
William Hobson
Consul & Lieut. Governor.

Now we the chiefs of the Confederation of the United tribes of New Zealand being assembled at Waitangi, and we the other chiefs of New Zealand having understood the meaning of these articles, accept of them and agree to them all.
In witness whereof our names or marks are affixed. Done at Waitangi on the 4th Feb. 1840.-

CLENDON’S DESPATCH... 20th of February 1840

Her Majesty Victoria, Queen of England in Her Gracious consideration for the Chiefs and the people of New Zealand, and her desire to preserve to them their Lands and to maintain peace and order amongst them, has been pleased to appoint an officer to treat with them for the cession of the Sovereignty of their Country and of the Islands adjacent, to the Queen - seeing that many of her Majesty’s subjects have already settled in the Country and are constantly arriving: And that it is desirable for their protection as well as the protection of the Natives, to establish a Government amongst them.

Her Majesty has accordingly been pleased to appoint me William Hobson, a Captain in the Royal Navy to be Governor of such parts of New Zealand as may now or hereafter be ceded to Her Majesty and proposes to the Chiefs of the Confederation of United Tribes of New Zealand and the other Chiefs to agree to the following Articles.

Article First

The Chiefs of the Confederation of the United Tribes and the other Chiefs who have not joined the confederation, cede to the Queen of England for ever the entire Sovereignty of their country.

Article Second

The Queen of England confirms and guarantees to the chiefs and the Tribes and to all the people of New Zealand, the possession of their Lands, dwellings and all their property. But the Chiefs of the Confederation and the other Chiefs grant to the Queen, the exclusive rights of purchasing such Lands as the proprietors thereof may be disposed to sell at such prices as may be agreed upon between them and the person appointed by the Queen to purchase from them.

Article Third

In return for the cession of the Sovereignty to the Queen, the people of New Zealand shall be protected by the Queen of England and the rights and privileges of British subjects will be granted to them.

signed, William Hobson
Consul and Lieutenant Governor.

Now we the Chiefs of the Confederation of the United Tribes of New Zealand assembled at Waitangi, and we the other tribes of New Zealand, having understood the meaning of these articles, accept of them and agree to them all. In witness whereof our Names or Marks are affixed.

Done at Waitangi on the Sixth day of February in the year of our Lord one Thousand Eight Hundred and Forty.

Busby's final draft existed before there was a Maori version of the Treaty, so it can't possibly be a "back-translation". Clendon's despatch version to the U.S. Secretary of State is virtually identical in every respect to the final draft by Busby, so it, also, cannot be a back-translation of the Maori text. The above Clendon text is taken from the microfilm of Clendon's consular despatches, Bay of Islands, May 27th, 1839-November 3rd, 1846 [microform], at Auckland Central City Library, held in the Auckland Research Centre. The reference number is Microfilm 11). The same microfilm can be viewed at Auckland University Library. See also, Micro 2607, RG59: Despatches from US Consul in the Bay of Islands & Auckland, National Archives.

March 1st 1840...

Hobson suffers a debilitating stroke, the severity of which is almost sufficient to end his role as Lieutenant-Governor of New Zealand. He is returned from the Waitemata District on board HMS Herald and arrives at the Bay of Islands on the 6th of March. Being incapacitated throughout the month of March and improving in health only slowly thereafter, he is obliged to temporarily hand his authority to Willoughby Shortland and Felton Mathew.

U.S. Consul, James Reddy Clendon applies to the Hobson government to acquire "official" English and Maori copies of the Treaty of Waitangi - Tiriti O Waitangi for despatch to the U.S. Secretary of State. The required copies are sent to him by the Colonial Secretary before the 18th of March 1840 and both Clendon's request and receipt of the documents are recorded in the Register of Letters of the Colonial Secretary for March 1840, NZ National Archives.

March 11th.

Surveyor General, Felton Mathew and Hobson's personal secretary, James Stuart Freeman, visit James R Clendon. It is, possibly at this time that the treaty copies are officially requested or delivered.

March 13th

Surveyor General, Felton Mathew again visited Clendon on March 13th ...with whom he had "some business" to conduct. Perhaps it was on this occasion that the final English draft of the treaty, formally requested by Clendon, was delivered to him. On this same day Felton Mathew's, "Deputy Surveyor General", William Cornwallis Symonds, was sent his large Treaty sheet in the Maori language for his mission to Manukau, Port Waikato and Kawhia. Perhaps, under his dual roles as, Acting Lieutenant Governor and Colonial Secretary at the same time, Willoughby Shortland, had assigned Felton Mathew to deliver Treaty documents to two recipients; one document (Maori) to his deputy and a set of two documents (Maori & English) to Clendon.

March 29th

The ship, Vincennes, Commodore Charles Wilkes' flagship, arrives at the Bay of Islands. Already two of Wilkes' Antarctic Exploration squadron ships are berthed in the bay, the Flying Fish and the Porpoise. Charles Wilkes, who has just sailed from Sydney, has heard about British annexation ambitions for New Zealand. He wishes to write a comprehensive report, to be sent in his despatch number 64, to the U.S. Secretary of State. He immediately engages the co-operation and services of U.S. Consul, James Reddy Clendon to help him.

April 3rd

Clendon now has in his possession both the official English and Maori documents. The English one he has been issued is the original "final draft", written on the 4th of February by James Busby and acquired directly off Hobson, who kept it with him and read it at the Treaty assemblies at Waitangi and Hokianga. Clendon also possesses printed Maori copies, done on the CMS Mission Press on the 17th of February, as well as an "official", hand-written Maori copy penned by Reverend Henry Williams. Wilkes, seemingly, wishes to undertake an independent assessment, proving that the Maori text does truly translate to the "official" English text. He first-off consults a back-translation by Captain Gordon Brown, which he writes out for despatch to the United States. He then copies the "official" English text directly from Busby's final draft. Clendon adds a letter to this despatch, mentioning items he is sending herein, some of which are now missing from the surviving despatch records.

BUSBY’S FINAL DRAFT …4th of February 1840

Her Majesty Victoria, Queen of England in Her gracious consideration for the chiefs and people of New Zealand, and her desire to preserve to them their land and to maintain peace and order amongst them, has been pleased to appoint an officer to treat with them for the cession of the Sovreignty of their country and of the islands adjacent to the Queen. Seeing that many of Her Majesty’s subjects have already settled in the country and are constantly arriving; And that it is desirable for their protection as well as the protection of the natives to establish a government amongst them.

Her Majesty has accordingly been pleased to appoint me William Hobson a captain in the Royal Navy to be Governor of such parts of New Zealand as may now or hereafter be ceided to her Majesty and proposes to the chiefs of the Confederation of the United Tribes of New Zealand and the other chiefs to agree to the following articles.-

Article first

The chiefs of the Confederation of the United Tribes and the other chiefs who have not joined the confederation, cede to the Queen of England for ever the entire Sovreignty of their country.

Article second

The Queen of England confirms and guarantees to the chiefs & tribes and to all the people of New Zealand the possession of their lands, dwellings and all their property. But the chiefs of the Confederation and the other chiefs grant to the chiefs Queen, the exclusive right of purchasing such land as the proprietors thereof may be disposed to sell at such prices as shall be agreed upon between them and the persons appointed by the Queen to purchase from them.


Article Third

In return for the cession of the Sovreignty to the Queen, the people of New Zealand shall be protected by the Queen of England and the rights and privileges of British subjects will be granted to them.-
Signed,
William Hobson
Consul & Lieut. Governor.

Now we the chiefs of the Confederation of the United tribes of New Zealand being assembled at Waitangi, and we the other chiefs of New Zealand having understood the meaning of these articles, accept of them and agree to them all.
In witness whereof our names or marks are affixed. Done at Waitangi on the 4th Feb. 1840.-

WILKES’ DESPATCH 64 TREATY ... 3rd of April 1840.
Translation of the Treaty
Her Majesty Victoria, Queen of England in her gracious consideration for the chiefs and people of New Zealand and Her desire to preserve to them their lands and to maintain peace and order amongst them has been pleased to appoint an officer to treat with them for the cession of their lands country and the islands adjacent to the Queen seeing that many of Her Majesty’s subjects have already settled in this country and are constantly arriving and that itis desirable for the protection of the Natives to establish a Govt. amongst them.


Her Majesty has accordingly been pleased to appoint me William Hobson a Captain of the Royal Navy to be Governor of such parts of New Zealand as may now or hereafter be ceided to Her Majesty and proposes to the chiefs of the confederation of the United Tribes of New Zealand and the other chiefs to agree to the following articles

Article First

The chiefs of the confederation of the United Tribes and the other chiefs who have not joined the confederation cede to the Queen of England forever the entire Sovreignty of their country.

Article Second

The Queen of England confirms and guarantees to the chiefs and tribes and to all the people of N Zealand the possession of their lands, dwellings and all their property. But the chiefs of the confederation and the other chiefs grant to the chiefs Queen the exclusive right of purchasing such lands as the proprietors thereof may be disposed to sell, at such prices as shall be agreed upon between them and the person apptd by the Queen to purchase from them.


Article Third

In return for the cession of the sovreignty to the Queen the people of New Zealand shall be protected by the Queen of England and the rights and privileges of British subjects will be granted to them.

Signed Wm Hobson
Consul and Lt Governor

Now the chiefs of the confederation of the United Tribes of New Zealand being assembled at Waitangi and we the other chiefs of New Zealand having understood the meaning of these articles, accept of them and agree to them all. In witness whereof our names or marks are affixed.

Done at Waitangi the sixth day of Febu in the year of our lord, one thousand eight hundred and forty.

Consulate of the US of America at the Bay of Islands N Zealand.April 3rd 1840.

It can be readily seen that Busby's final draft of the 4th of February 1840 was available to Commodore Charles Wilkes when he transcribed the text on the 3rd of April, 1840 at James Reddy Clendon's premises. Although the transcript shows the Commodore has been a bit inattentive or hurried and left out "of the Sovreignty" in the Preamble, or has abbreviated some words, the text is the same. Wilkes has even copied Busby's spelling mistake for "Sovreignty" on two occasions, leaving out the telltale "e". He has also copied Busby's mistake of chiefs in Article II then corrected it with "Queen" (See Papers of Charles Wilkes 1837-1847, despatch Number 64, Microfilm 1262, University of Auckland Library pp. 142-145 & 163-168).

From the foregoing we have positive proof of what the "official" English text was during the era of Lieutenant Governor William Hobson.

April 11th 1840...

Reverend Robert Maunsell, one of four missionaries assigned by Hobson to hold Treaty explaining and signing gatherings, conducts a "Treaty presentation" before 1500 Maori gathered in for their "hui" business meeting at Waikato Heads. For this meeting Acting Lieutenant Governor, Willoughby Shortland despatches the government's official, signed off document (fully in the Maori language) on the 13th of March 1840. Unfortunately, it doesn't arrive in time for Maunsell to use.

Although the Treaty reading and discussion is conducted in Maori according to the wording of the "Maori Treaty of Waitangi" printed text in Maunsell's possession, a mistakenly worded English version of the treaty has earlier been acquired by Maunsell. This is one of many strange, variable texts penned by James Stuart Freeman. Unfortunately, this English version is also an unauthorised text, based upon the rejected Article II (and other) wording of Busby's preliminary draft (rough notes) of the 3rd of February 1840.

Reverend Maunsell still awaits his "official" handwritten Treaty document, which has yet to be delivered by Captain W.C. Symonds. It finally arrives 3-days too late.

The defective document in English that Maunsell does possess on the day, unlike the much smaller, C.M.S mission printed document in Maori also available, has plenty of room at the bottom to receive signatures and is, therefore, used as the paper upon which the "overflow" of signatures and marks of the chiefs are affixed. The formal presentation to the chiefs is fully conducted in Maori from the CMS mission printed sheet.

The defective English treaty sheet, in conjunction with the Maori C.M.S. printed text for oral presentation, is again used on the 26th of April, when seven more signatures are added at Manukau Heads. By this time, W.C. Symonds has sent the "official" government issued document onward by messenger to Kawhia and returned to Manukau with Maunsell's "make-do" documents for his third attempt at getting signatures there. During the first two attempts he used the "official" government issued and authorised treaty document, which was handwritten fully in the Maori language.

Hobson, when he returns to duty, accepts the signatures on both "make-do" treaty sheets; those appearing on the larger, second, English sheet simply being additional, overflow signatures, following on from the first ones affixed to the Maori document. What has been conveyed to the chiefs was a "standard" missionary presentation of the official Maori text and Hobson applies his seal accordingly to give the signatures on a "make-do" treaty document validity.

Maunsell's rushed (to take advantage of an already scheduled hui) departure from the standard treaty procedure, done with the purest of intentions on April 11th 1840, has been deliberately misconstrued to provide the "shaky and shonky" legal foundation for most of the present day "Treaty Industry" exploitation and plunder. The defective English text, which is simply another strange "Formal Royal Style"compilation by James Stuart Freeman, of rough treaty draft notes from the 1st to the 3rd of February, has now replaced the Maori Treaty of Waitangi in authority. This strange, unauthorised English text has graduated into becoming our only official Treaty wording, due to the deliberate inaction of our establishment historians and "turn a blind eye" tactics of our judiciary. New Zealanders have, in recent decades, been subjected to gross deception and cruel "treaty fraud".