Treaty of Waitangi: Why a Treaty - Essay Example

Treaty of Waitangi: Why a treaty? Introduction The treaty of Waitangi was ratified on February 6, 1840 by British representatives and various Maori Chiefs from New Zealand1. The treaty is considered by historians to be one of New Zealand’s founding documents. The treaty established that the British Queen shall have the ultimate sovereignty over New Zealand. The Maori chiefs were granted undisturbed and exclusive rights to possess land, estates and other properties. The treaty granted the Maori equal rights as other British subjects. There several significant factors that led to the signing of the Waitangi treaty. This paper seeks to establish some of the influences that led to the signing of the treaty or to answer the question why a treaty? It will explore the range of perspectives for and against the signing of the treaty. Moreover, this paper will depict the different ideas, events, relationships of that time and the personalities or groups that influenced the signing of the treaty. First this paper will examine the Maori influence and the key views and events that led to signing of the treaty. Secondly, this paper will examine the missionary influence towards the signing of the treaty. Thirdly, this paper will examine the view of the New Zealand Company against the signing of the treaty. Lastly, this paper will examine the British influence and how it contributed to the signing of the Waitangi treaty in 1840. Successive events that led to the signing of the treaty Prior to the signing of this treaty, the Maori felt that they were under threat due to the behaviour and motives of traders and other settlers such as the French particularly those who had settled in the Bay Island. In addition to this, the introduction of muskets and the series of musket wars that had taken place earlier on further heightened the fear of the Maori with regards to the safety of their land.2 Consequently in 1831, Northern Maori chiefs sent a letter to King William the fourth asking for assistance to help the Maori protect their land from the French. In 1832, the British Government responded by sending James Busby to become a British resident in New Zealand. In 1835, Busby drafted a document referred to as the “Declaration of Independence of New Zealand” the document was signed by Busby and 35 chiefs from the northern part of Maori. In 1863, this declaration was ratified by the British Crown, the ratified document recognized that the Maori chiefs held the ultimate sovereignty of New Zealand. Based on this declaration, it is evident that the intention of the British was to establish a co-existence with the Maori in New Zealand.3 Following the expansion of the New South Wales territory to include New Zealand, in 1839, the desire of the British to make New Zealand one of its colonies was fuelled. However, since the British had ratified the “Declaration of Independence of New Zealand”, the House of Commons in Britain established that New Zealand was a Maori sovereign state thus annexing the country would be unlawful unless Maori cedes the sovereignty of New Zealand to Britain. In January, 1840, William Hobson arrived in Bay Island with the aim of documenting a treaty with the help of James Busby that could voluntarily shift the New Zealand’s sovereignty from Maori to the British hence enabling annexation4. The treaty was later on translated into the Maori language through the help of missionaries. Subsequently, the treaty was presented to the Maori northern chiefs and was signed by 45 chiefs. The treaty was an instrument through which the British used to gain sovereignty over New Zealand. As for the Maori people, the signing the treaty was a way of protecting their land5. Maori or Native Influence Prior to the Treaty of Waitangi, the natives or Maoris had expressed interest in seeking shelter under the shade of the British Empire. One of the earliest illustrations of Maori concerns in the build up to the signing of the Treaty of Waitangi was a letter sent to the King William of England by the Maori chiefs under the tutelage of missionaries in New Zealand6. The letter was essentially a petition to the King from the chiefs who acknowledge the power and influence of the British pledging allegiance to England in return for protection against the threat of foreign invasion from the French. The Maori were in effect asking for Crown protection as early as 1831 from the threat posed by the “tribe of Marian” or the French and had found grounds for mutual cooperation with the British Christian missionaries7. From as early as 1831, the native chiefs had thus already expressed their desire for British protection to safeguard their mana which would eventually inform their decision to enter into a Treaty with the British. In response to this petition, King William sent Sir James Busby to return an affirmative response to the native chiefs and the missionaries that the British would grant New Zealand protection conditional on their acceptance of the doctrines of Christianity, civilization and by extension the safeguarding of British property and commerce which was deemed essential for prosperity8. The British would eventually obtain what is referred to as a title of sovereignty in New Zealand. In 1834, the chiefs of the Confederated Tribes of New Zealand would select a national flag and in October 28, 1835 adopted the Declaration of Independence at Waitangi9. The Declaration gave hereditary chiefs and heads of tribes in their collective capacity exclusive sovereignty over their territories. The Declaration gave the Maori chiefs the much needed assurance that New Zealand was no longer susceptible to foreign advances from other colonial powers especially the French. The basic inspiration for the Maori to enter into the treaty of Waitangi was thus the implied promise of British protection from the threat posed by colonial advances specifically from the French Baron De Thierry10. The Treaty also assured the Maori of retaining their autonomy and sovereignty and according to the reasoning of Hone Heke, they were better off signing the treaty since the Europeans had already settled and it was not possible to reverse the situation. In addition to protection from the Crown, the Maori were also able to influence the Treaty of Waitangi indirectly by virtue of their living conditions or situation. Various humanitarian groups and the New Zealand Association had continuously lobbied the British government to intervene in New Zealand to help protect the natives from the breakdown their societies had been subjected to by increased European immigration11. Faced by disease and the disruption of their lives through the introduction of military technologies and trade, the Maori society was rapidly disintegrating and missionary and humanitarian groups lobbied for intervention which would be facilitated by a treaty between the British and the natives. Missionary Influences Another significant influence which contributed to the signing of the Treaty of Waitangi was that of the Christian missionaries in New Zealand. It was under the influence of the missionaries that the native chiefs addressed their petition to King William in 1831 seeking the protection of the British Empire12. The missionaries had increasingly expressed concern over the breakdown of Maori society in New Zealand which they viewed as a threat to Christianity itself. This state of affairs had a worrying effect on the missionaries who felt that it was imperative for the British to establish or entrench some form of sovereignty to protect the gains made by the missionaries and safeguard the interests of both settlers and natives. The missionaries were eager to demonstrate to their government that the lives of the natives had been positively impacted by Christianity and had come under threat from among others, the New Zealand Company and that formal association with the British was needed as a remedy. In addressing the Lord’s Committee in 1838, two years prior to the treaty, Reverend Dr Beecham quotes Reverend Mr. Hobbs who illustrates how eagerly the Maori have adopted Christian values and practices13. According to Hobbs, the Maori had become devout Christians, adhering to principles such as daily prayers and strict observance of the Sabbath. The main concerns of the missionaries were thus to protect such precious gains from the debauchery, lawlessness and moral decay which they had increasingly witnessed in New Zealand. Reverend Dr. Stack mentions that escaped convicts from Sydney had settled in New Zealand and combined with inhabitants of French, British and American descent had begun to corrupt the morals of the impressionable natives14. They expressed concerns that the white man had become a “law unto himself” and had imported recklessness and other indecent behaviors which accompanied commerce into New Zealand. This vacuum of law and order was seen as an immediate threat to Maori evangelization and the missionaries felt that an increased and guaranteed British presence would shield the natives from social moral degeneration such as the sale of alcohol or “grog’. They had pleaded with the Christian Missionary Society to send more workers in light of these challenges and viewed formal British engagement as a remedy to these problems15. In addition to their desire for law and order, the missionaries also teamed up with the British Humanitarian movement in opposition to the activities of private companies such as the New Zealand Company which had purchased large tracts of land in New Zealand from Maori chiefs with the intent of selling it to the eventual colonialists for profits. The New Zealand Company At the fore of resistance to the Treaty of Waitangi was the privately owned New Zealand Company. Formed in 1836 under the influence of Edward Gibbons Wakefield, the company had envisioned the systematic colonization of New Zealand by buying land from Maori chiefs at cheap prices and selling it at profit to affluent colonialists16. The company had plans afoot to ship in large numbers of settlers to the frontiers amid opposition from both the British Humanitarian Movement and the missionaries who feared that increased European immigration threatened the Maori way of life17. The company resisted the very idea Treaty of Waitangi which effectively put paid to their operations claiming that it was simply a means to appease the locals. However, their verbal attacks on Captain Hobson and the Colonial authorities bore no fruit and the British government proceeded to wrap up the Treaty signing18. Some of the key officers and humanitarians in the London office were also against the signing of the treaty mainly because they were worried about the effects of the British colonization schemes on the Maori. James Stephen, a permanent secretary in the London office from 1836 to 1847 was a strong believer in Christian humanitarian ideals, Stephen was against the signing of the treaty since he believed that British contacts would make extinct or lead to the collapse of indigenous societies such as the Maori. Stephens and other humanitarians were against formal settlements and colonization of New Zealand and thus they were skeptical about the impact of the Waitangi treaty to the Maori19. British Influence Prior to the signing of the treaty, the New Zealand Island had long been admired and visited by the British due to its valuable commerce products. Moreover, the nearness of the Island to British settlements such as the Van Dieman’s land and New South Wales offered a peculiar advantage to the British. Consequently, British settlement in New Zealand especially in the North Island increased due to trade to and settlement attractions20. The Maori in turn welcomed the new experiences and benefits that they got by interacting with the British. The British introduced the Maori to literacy and alternative systems of governance. Initially, the British had come to New Zealand to exploit its natural resources such as timber, fisheries and flax however with time, the British’s desire to gain sovereignty over New Zealand ensued. The colonial office in London was the center of the British Empire where crucial decisions about the future of New Zealand were made. British’s annexation on New South Wales and its closeness to New Zealand further heightened their desire to extend their boundary and make New Zealand a colony. Sometimes governors in New South Wales considered New Zealand as their unofficial territory of influence. The authority of the New South Wales courts also had its extension in New Zealand in some instances. Extending the boundaries of New South Wales to New Zealand presented legal difficulties to thus it was imperative for them to use alternative means in order to secure sovereignty over New South Wales. One key event that made the British government in New South Wales to want an official presence in New Zealand was an incident whereby British subjects who were involved in tribal warfare escaped prosecution in Sydney to run to New Zealand21. With the consent of the British government, James Busby was selected to become a British resident in New Zealand so that he can represent the interests of the British Crown. The arrival of Busby in New Zealand in 1833 virtually influenced the signing of the Waitangi treaty. Busby played a great role in establishing New Zealand’s Declaration of Independence which decreed the unity of Maori. There is likelihood that Busby and the Maori chiefs had varying objectives with the signing of the declaration. For the Maori chiefs the declaration was an assurance for their protection, independence and sovereignty over New Zealand however, for Busby, this declaration was a step ahead towards turning New Zealand into a British colony. Land trade was another key factor that influenced the signing of the Waitangi treaty. There were small-scale land transactions when merchants, whalers and timber millers from different parts of Europe and America acquired pieces of land. At the end of the 1830’s British intervention in New Zealand became apparent. The House of Lords worried that that the ongoing land trade would cause serious violence in New Zealand. This prompted the British government to establish a treaty with the Maori so as to ensure that land could only be sold to the British crown. A major feature in the Treaty of Waitangi was the guarantee of exclusive rights to the British crown to purchase land. According to the provisions of the treaty private settlers could not buy land from the Maori, the Maori could only sell land to the crown22 Conclusion The treaty of Waitangi is one of New Zealand’s founding documents since it established British’s sovereignty over New Zealand in 1840. It is worth questioning why did the Maori sign such a treaty? This paper has explored some of the key factors that influenced the signing of the treaty. It is established in this paper that the need of the Maori to protect their land was one of the key influences that contributed to the signing of the treaty. The Maori felt that their land was under threat and so they sought the help to the British. The treaty was an instrument through which the Maori people used to protect their land. On the other hand, the British used the treaty to gain sovereignty over New Zealand. The missionary influence also played a significant role in the signing of the treaty. It was under the influence of the missionaries that the native chiefs addressed their petition to King William in 1831 seeking the protection for their land from the British Empire. The British were at the fore front in lobbying for the signing of the treaty since they wanted to expand their colonial territory and fully have control over New Zealand’s resources. In as much as the signing of the treaty received support from both the Maori and the British, the New Zealand Company and some humanitarians were against the signing of the treaty. These groups were against the signing of the treaty mainly because they were worried about the effects of the British colonization schemes on the Maori. References Archives New Zealand. Treaty of Waitangi-Te Tiriti o Waitangi. Retrieved on February 3, 2011 Helen Robinson, “Simple Nullity or Birth of Law and Order? The Treaty of Waitangi in Legal and Historiographical Discourse from 1877 to 1970,” NZ Universities Law Review, 24, 2,2010, p262. Havemann, Paul, Indigenous peoples' rights in Australia, Canada, & New Zealand, Auckland, 1999. p 112 Healy, Susan, “Missionary Involvement in the Treaty of Waitangi”, Retrieved on February 3, 2011 Lindsay Buick, “The treaty of Waitangi: How New Zealand became a British Colony”, Wellington, 1976, pp 1-10. Nettheim Garth., Craig Donna. & Meyers Gary, “Indigenous Peoples and Governance Structures: a Comparative Analysis of Land and Resource Management Rights”, Australian Institute of Aboriginal and Torres Strait Islander Studies, 2002. p 122 New Zealand History online. “Background to the treaty.” Retrieved on February 3, 2011 Orange Claudia, “An Illustrated History of the Treaty of Waitangi”, Wellington, 1990, pp.60-65. Orange Claudia, “The Story of a Treaty”, Wellington, 1989, p23. Peter Adams, “Fatal necessity: British intervention in New Zealand, 1830-1847”, Auckland, p 38. Robin Fisher, “The International History Review”, Vol, 11, 1, 1989, pp. 141-145. Read More